HomeMy WebLinkAboutCouncil Actions 04-18-11
FERRIS
No. 39094-041811
ROANOKE CITY COUNCIL
REGULAR SESSION
APRIL 18, 2011
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. Council Member Bestpitch arrived late.
The Invocation was delivered by The Reverend Tina R. Cox, Pastor,
Three Oak's Fellowship United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, April 21 at 7:00 p.m., and Saturday, April 23 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.
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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 GOVERNMENT
ICON.
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.
PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CONTACT 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 MAY
CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S
HOMEPAGE TO OBTAIN AN APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING VACANCIES:
ROANOKE NEIGHBORHOOD ADVOCATES - ONE VACANCY
ROANOKE PUBLIC LIBRARY BOARD - ONE VACANCY
WESTERN VIRGINIA WATER AUTHORITY - ONE VACANCY
VIRGINIA WESTERN COMMUNITY COLLEGE BOARD - TWO VACANCIES
(Government Industry and Business)
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
RAYSAC Prescription Drug Take Back Day. Kathy Graham-Sullivan, Spokesperson.
The Roanoke Area Youth Substance Abuse Coalition (RAYSAC) and the
Western Virginia Water Authority formed a Task Force to tackle the
environmental and health risks attributable to the misuse and improper
disposal of prescription drugs.
RA YSAC, Roanoke City Police Department, the Drug Enforcement Agency
(DEA), Blue Ridge Behavioral Healthcare, and the other member organizations
of the Valley's Prescription Drug Task Force are sponsoring a public
collection on Saturday, April 30 from 10:00 a.m. until 2:00 p.m., at the Roanoke
Civic Center, the Salem Police Department and the Kroger store in Daleville.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. ALL MATTERS REQUIRING REFERRAL TO THE CITY MANAGER FOR
ANY REPORT, RECOMMENDATION OR REPORT TO COUNCIL AS HE DEEMS
APPROPRIATE.
The following individuals appeared before the Council:
Chris Craft, Helen Davis, Michael Higgins and Robert Gravely
4.
CONSENT AGENDA
(APPROVED 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF
THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meeting of Council held on Monday, March 7, 2011.
RECOMMENDED ACTION: Dispensed with the reading of the minutes and
approved as recorded.
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C-2 A communication from the City Clerk advising of the resignation of Robert C.
Lawson, Jr., as a member of the Western Virginia Water Authority, effective
June 30,2011.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
REGULAR AGENDA
BID OPENINGS:
Bid for execution of a Lease Extension Agreement with the City for an existing lease
agreement to renovate and operate the City's the historic City Market Building, located at
32 Market Square, S. E. Sole bid received from Market Building Partners, LP, and
referred to the City Manager for study, report and recommendation to the Council.
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Request of Sean McGinnis, Director, Virginia Tech Green Engineering
Program, to update the Council on carbon emissions. (Sponsored by the City
Manager)
Received and filed.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS:
. FY 2012 Recommended Budget Presentation 20 minutes
(Briefing was held at the end of the 2:00 p.m. session.
Recommended budget was referred to Budget Study)
ITEMS RECOMMENDED FOR ACTION:
1. Adoption of a resolution to support participation in the Virginia
Department of Transportation's Revenue Sharing Program.
Adopted Resolution No. 39094-041811 (6-0).
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2. Appropriation/transfer of funds in connection with the Berkley Road
Bridge Renovation Project.
Adopted Budget Ordinance No. 39095-041811 (6-0).
COMMENTS BY CITY MANAGER.
The City Manager gave an update on the construction of the new airport
entrance and intersection improvements along Thirlane Road, and the
weekend rainstorm and City flooding. He commended the Public Safety staff
on their efforts.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation offunds
for the 2010-2011 Education Jobs Bill Grant; and a report of the Director of
Finance recommending that Council concur in the request. Kathryn K. Fox,
Lead Accountant, Spokesperson.
Adopted Budget Ordinance No. 39096-041811 (6-0).
The Council Meeting was recessed and reconvened at 3:35 p.m.
At this point, Council Member Bestpitch entered the meeting (3:35 p.m.)
Briefing on the FY2011-2012 Recommended Budget.
9. UNFINISHED BUSINESS: NONE.
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.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
THE COUNCIL MEETING WAS DECLARED IN RECESS AT 5:02 P.M., UNTIL 7:00 P.M.,
IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL
BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
APRIL 18,2011
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. Council Member Price arrived late.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, April 21 at 7:00 p.m., and Saturday, April 23 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
At this point, Council Member Price entered the meeting (7:09 p.m.)
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Resolution paying tribute to the Lucy Addison Lady Bulldogs Basketball Team.
Adopted Resolution No. 39097-041811 (7-0).
Recognition of the 2011 Virginia Western Community College Alliance for
Excellence Program Scholarship Recipients. The Mayor recognized the
scholarship recipients and Dr. Gloria Lindsay, Alliance for Excellence
Program Coordinator.
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Presentations with regard to accomplishments by the Roanoke City Public Schools
by the Roanoke City Public Schools and consideration of reappointment to the
Roanoke City School Board. David Carson, Chair, and Lori Vaught, Member,
Roanoke City School Board.
Comments were received and filed.
B. PUBLIC HEARINGS:
1. Views of citizens regarding the reappointment of David Carson and Lori
Vaught as Roanoke City School Board Trustees for three-year terms, each,
commencing July 1,2011 and ending June 30, 2014.
No action
2. Proposal of the City of Roanoke to invite bids from qualified bidders to enter
into a Lease Extension Agreement with the City for an existing lease
agreement to renovate and operate the City's the historic City Market
Building. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 39098-041811 (7-0).
C. OTHER BUSINESS:
1. Presentation of Arts and Culture Plan. Christopher P. Morrill, City Manager.
Received and filed.
D. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
The following individuals appeared before the Council:
Fred Donaher, George Riles, and Evelyn Bethel
THE COUNCIL MEETING WAS DECLARED IN RECESS AT 8:59 P.M., UNTIL
THURSDAY, APRIL 28, 2011, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER,
NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., FOR THE
PURPOSE OF HOLDING A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR
2011-2012 BUDGET, HUD FUNDING AND REAL ESTATE TAX LEVY.
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Got Drugs?
Turn in your unused or expired
medications forsafe disposal
Saturday, April 30.
Saturday, April 30, 2011
10 am - 2 pm
Roanoke Civic Center
Salem Police Department
Botetourt County - atthf! DaleviUe Kroger
Roanoke County - at the Tanglewood Kroger
No appointment is necessary - the public is welcome. Simply bring
your medications to this event where they can be ~afely collected
and destroyed by local law enforcement and DEA agents.
Why? Rates of prescription drug abuse in the u.s. are increasing at alarming rates - especially
among teens who get prescription drugs from their friends and family's medicine cabinets.
Every day 2,500 youth age 12 to 17 abuse a pain reliever for the very first time,
and more teens abuse prescription drugs than any illicit drug except marijuana. *
Participating in this drug take-back event instead of leaving meqications
unsecured in your home or flushing them down the toilet will help prevent
drug abuse and protect our valley's waterways.
(*Source: u.s. Drug Enforcement Administration)
Sponsored by:
Roanoke Area Youth Substance Abuse Coalition. Western Virginia Water Authority
Prevention Council of Roanoke County. Roanoke County Police Department
U.S. Drug Enforcement Administration. Roanoke Police Department
Salem Police Department. Botetourt County Sheriff's Department
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Page 9
CITY COUNCIL REPORT
INFORMATION ONLY
To: Honorable Mayor an!(lTMem~f.f'lb~lW:eouncil
Date: April 15,2011
Subject: _ Countryside Planning Process Status Report
This memo is to provide you with an update on the Countryside Master Plan
and communicate what staff sees as the next steps following plan adoption.
Following the March 21, 2011 briefing on the plan, City Council referred the
plan to the Planning Commission to initiate the process of formal adoption.
This process involves the Planning Commission scheduling and advertising a
public hearing. We expect the Planning Commission to take this action at their
regular meeting on April 21 st, with the public hearing to be scheduled and
advertised for Thursday, May 19th. If the process remains on schedule, a City
Council public hearing will be scheduled for the evening of June 20, 2011.
Following this public hearing, Council can formally adopt the plan.
The March 17, 2011 version of the plan has been revised in response to
comments and to improve clarity. The latest version of the plan, dated April
14, 2011 , includes these refinements and changes:
· Created a "Plan Summary" with graphics showing the distribution of land
uses. (pp 2-3)
· Removed the agricultural option for the natural areas between Ranch Road,
Mattaponi Drive, and Countryside Road, and designated that these areas
remain in public ownership:
· Increased the developable area of the Frontage planning area by limiting
preservation areas to 1 OO-year flood plain lines.
· Expanded the discussion about athletic fields and created an optional area
where up to four athletic fields could be substituted for
residential/commercial development. The entire area south of the extension
of Countryside Road could be allocated to athletic uses.
· Created a new "Greenway and Trail System" section and relocated the
greenway map from the appendix to this section. (pp.26-27)
· Created a new "Environmental Repair and Preservation" section for
discussion about streams, forested areas, tree canopy, and drainage
patterns.
· Created a new "Public Improvements" section to discuss a process for setting
priorities for public improvements.
The April 14, 2011 version is posted at http://www.roanokeva.gov/countryside.
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When staff briefed City Council last fall, a six-month time frame was set within
which to provide the Council a substantially complete plan. At that time, staff
indicated that we remained open to discussing development ideas with
, , \\ iflgiy,i'~,(fa,I~r,Qf~",gr'ol1p:s throughout the planning process, but would need to wait
'until "the plan was completed before entertaining any proposals. Staff has met
with several groups interested in various portions of the property and
specifically, the former indoor tennis facility and groups interested in
establishing athletic facilities. As you know, staff also met with and received a
concept from Kissito Health Care. Mr. Jess Newbern, an adjoining property
owner, has remained in contact with staff throughout the process and
presented a concept for development options. Staff has been consistent in
communicating that specific /formal proposals could not be considered until a
plan was adopted, and referred inquirers to information about the ongoing
planning process.
Once the plan is adopted, there will be two principal tracks for next steps. First
will be to market the property's development opportunities and begin to solicit
proposals. That process will include establishing a process for evaluating
proposals for consistency with the master plan. The second track will be to
qevelop cost estimates for public improvements such as trails and planting
natural areas and to establish priorities for these public investments.
As information, Ms. Valerie Garner submitted a Freedom of Information Act
request for communications with outside parties seeking information on the
property. Staff is in the process of responding to that request.
Several members of City Council expressed interest in touring the property. Dr.
Trinkle has completed a tour and Mayor Bowers has one scheduled. If others
are interested in arranging a tour, please contact Chris Chittum by phone at
853-2356 or bye-mail atchris.chittum@roanokeva.gov.
Please let me know if you have any questions, or desire additional information.
-
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BRIAN TOWNSEND
Assistant City Manager
Distribution:
Council Appointed Officers
Tom Carr, Director of Planning Building and Development
Chris Chittum, Planning Administrator
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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
April 19, 2011
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
Robert C. Lawson
2705 Longview Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Lawson:
A communication from the City Clerk advising of your resignation as a member of the
Western Virginia Water Authority, Board of Directors, was before the Council of the City
of Roanoke at a regular meeting, which was held on Monday, April 18, 2011.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Western Virginia Water
Authority, Board of Directors, from November 21, 2003 to June 30, 2011. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke
Valley in recognition of your service.
Sincerely,
~M.~ocryV
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosure
pc: Jean Thurman, Secretary, Western Virginia Water Authority, Board of Directors,
601 S. Jefferson Street, S. W., Suite 200, Roanoke, Virginia, 24011
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
JONATHAN E. CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
April 18, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to advise that Robert C. Lawson, Jr., has tendered his resignation as a member
of the Western Virginia Water Authority, Board of Directors, effective June 30,2011.
. m.~cIW
Stephanie M.Moon, MMC
City Clerk
......- W EST ERN V I R GIN I A
~ ~ WATER AUTHORITY
BOARD OF DIRECTORS
April 6, 2011
Stephanie Moon, CMC
City Clerk
City of Roanoke, Virginia
215 Church Ave., S.W., Room 456
Roanoke, VA 24011
Dear Ms. Moon:
I wish to inform you that Robert C. Lawson, Jr. has expressed his intention to
tender his resignation as a member of the Board of Directors of the Western
Virginia Water Authority (Authority) effective June 30, 2011. One year will
remain on his current term that was effective July 1, 2008. This position is
appointed by the Roanoke City Council.
A copy of his written resignation will be forwarded to you as soon as it is
received by this office.
Sincerely,
GeLVYV :JuvlJ~
~an Thurman
Secretary
WVWA Board of Directors
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Our Mission Is Clear
601 S. Jefferson Street .Suite 200. Roanoke VA 24011-2414
540-853-1536. 540-853-1600 (fax) . jean.thurman@Westernvawater.org
Apri14,2011
Mr. Marc Fink
Chairman
Western Virginia Water Authority
601 South Jefferson St.
Roanoke, VA 24011
Dear Marc:
All good things must come to an end. Please accept this as my resignation from the board
of the Water Authority effective June, 30,2011. After having served as a director for the
past seven years, I feel it is time for me to step aside and make room for new people with
new energy and ideas.
My years of service on the board have been very gratifying. Thanks to the hard work and
dedication of so many good people, I feel the Water Authority has been a great success.
My thanks and best \\rishes for continued success go out to all, especially to Mike, Gary
and their great team. I also extend best wishes to you and my fellow directors.
Yours truly,
7J~
Robert C. Lawson, Jr.
BID FORM
FOR EXECUTION OF A LEASE EXTENSION AGREEMENT
TO AN EXISTING LEASE AGREEMENT OF
THE HISTORIC CITY MARKET BUILDING PROPERTY
RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that is bid.
is delivered to the place designated for receipt of bids prior to the time set for receipt of bids. No
bids received after the time designated for receipt of bids will be considered.
BID DUE DATE. TIME AND DELIVERY OF BID: All bids are due on or before noon local
. time, Monday, April 18, 2011, and are to be delivered to the address listed below. The
completed Bid Form, together with any other documents the bidder wishes to submit, should be
enclosed in a sealed envelope and addressed as follows:
Council of the City of Roanoke
c/o Office ofthe City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Place in front lower left-hand comer of the envelope and on the back of the envelope in bold
letters the following title: Bid for Execution of a Lease Extension Agreement to an Existing
Lease of the City-Owned Historic Market Building located at 32 Market Square, SE, to be
Opened at the City Council Meeting Held in the Council Chamber on April 18, 2011.
Date: April 18, 2011
Market Building Partners, LP proposes and agrees, if its Bid is accepted, to enter into and be
bound by a Lease Extension Agreement to an existing Lease Agreement of the Historic City
Market Building located at 32 Market Squ~re, SE,Roanoke, Virginia. 'Copies of both documents
are on file in the Office ofthe City Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal
Building, 215 Church Avenue, SW, Roanoke, VA 24011. Furthermore, the undersigned bidder
warrants that it can and will comply with the provisions of both the Lease Extension Agreement
and the Lease Agreement and that it is authorized to transact business in Virginia as a domestic
limited partnership.
Bid: The undersigned bidder hereby commits to comply with the terms and provisions of the
Lease Extension Agreement and to also comply with the terms and provisions of the original
Lease Agreement dated October 19, 2010, as set forth in the Lease Extension Agreement. The
undersigned bidder has no requested changes to the proposed Lease Extension Agreement.
Bid Term: The bid term shall be as set forth in the Lease Extension Agreement so that the term
of the Lease Agreement will be for a period of 40 years from the Extended Commencement Date
as referred to in the Lease Extension Agreement:
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Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for
this matter.
State bidder's complete legal name and Identification Number, exactly as they are recorded with
the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is
not a corporation or other entity registered with the SCC.
LEGAL NAME OF BIDDER: Market Building Partners, LP
SCC IDENTIFICATION NUMBER: L020364-8
STREET ADDRESS: 204 South Jefferson Street, Unit 9
MAILING ADDRESS: 204 South Jefferson Street, Unit 9
CITY: Roanoke
STATE:. Virginia
ZIP CODE: 24011
TE~EPHONE: (540) 904-6195/(540) 797-6168
FAX: (540) 904-6195
Each bidder may, but it is not required to, submit as part of its bid a short narrative statement
setting forth any additional information the bidder deems appropriate. Additional sheets may be
attached if needed.
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CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
April 18, 2011
Update - Carbon Emissions
I would like to sponsor a request from Sean McGinnis, Director, Virginia Tech
Green Engineering Program, to update the Council on carbon emissions.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
p.a.
CITY OF ROANOKE, VIRGINIA
2009 COMMUNITY EMISSIONS INVENTORY
EXECUTIVE SUMMARY
Sean McGinnis
Citizens for Clean and Green Committee
Director - Virginia Tech Green Engineering Program
April 18, 2011
This document summarizes the complete report which details the community energy and
greenhouse gas (GHG) inventory for the City of Roanoke, VA, for the calendar year 2009. This is
part of step 5 - Monitor and Verify Results - of the_ Local Governments for Sustainability
process initiated in Roanoke in 2006. The 5 steps of this program are:
1) Conduct a baseline emissions inventory and forecast for a future year.
2) Adopt an emissions reduction target for the forecast year.
3) Develop a Local Government Action Plan that details the policies and measures that the
local government will take to reduce emissions to achieve its reduction target.
4) Implement policies and measures according to the Local Action Plan.
5) Monitor and verify results.
Steps 1 - 2 have been completed while Steps 3 - 5 are ongoing both within city government and
in the community at large. The development and implementation of programs in the
community is being considered by the City's Citizens for Clean and Green Committee.
The 2009 analysis utilizes the Clean Air and Climate Protection (CACP) software for emissions
inventory and energy estimates. Several revisions have been made to the 2005 baseline based
on more accurate data. These revisions include more detailed landfill waste data from the
Roanoke Valley Resource Authority (RVRA). This change slightly increases the overall carbon
emissions from the Waste sector in the 2005 baseline analysis.
In terms of community energy use relative to 2005, electricity usage was down approximately
11% in 2009 primarily due to a large decrease in the Industrial Sector. This sector decrease in
use was offset to some degree in terms of carbon emissions due to the use of slightly more coal
in the 2009 Appalachian Power fuel mix to generate electricity for this region. Natural gas
usage was reduced across all sectors with an overall reduction of approximately 10% in 2009.
Vehicle Miles Travelled (VMT) in the transportation sector increased approximately 8%. In the
Waste sector, there was an increase in the landfill tonnage of approximately 6.4% and a very
slight decrease in recycling tonnage for 2009.
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The 2009 CACP analysis indicates that community-wide carbon dioxide emIssIons were
reduced by 1.9% for the calendar year 2009 compared to the 2005 baseline. The absolute
emissions estimated by this model are 2.3 million tons of carbon dioxide. These are
equivalent tons meaning other greenhouse gases have been included in the analysis by scaling
their global warming potentials to that of carbon dioxide.
Per City Council Resolution 38211 - 090208, the community-wide greenhouse gas reduction
goal of 10% extends from January 1, 2009 to December 31, 2014. Therefore, the 2009
reduction shown in this analysis is on track for the average 2% reduction per year required to
meet the goal.
However, the analysis suggests that most of this reduction is due to decreases in the Industrial
sector which is expected to have reduced output in 2009 due to economic factors. Considering
other potential causes of this reduction which cannot be attributed to action by the local
government, businesses or individuals, the weather temperatures were milder across 2009
compared to 2005 with approximately a 3% decrease in degree days. This milder weather can
accounts for some, but not all, of the reduction in energy use and carbon emissions. Given the
uncertainty in year-to-year weather patterns and the expectation of better economic conditions in the
near future, it is expected that the target reduction level will be hard to maintain in future years without
concerted actions to reduce energy use and carbon emissions in all sectors.
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City of Roanoke 2009 Carbon Emissions
And Energy Summary
Roanoke City Council Meeting
April 18, 2011
Selin McGinnis, PhO, LEEDAP
Director - VT Green Engineering Program
Roanoke Citi~ens for Clean & Green Committee
Carbon Dioxide Emissions
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hnp:/,w_.,..rl""IJC_fiOvlr;mdft;cwjrr~r>ds/ http://www.''''.a_govftop;r;$/e!Jrfnlf~(Jfur~'/}OJO</jmare-r<<ord..hrml
CO2 Emissions C01 Emissions (Ibs)
Fu.1 Amount ('''') Per 100,000 BTU
Natural Gas Itherm 12 12
Gasoline 1 gallon 20 16
Coal lkWh 2.1 21
5 Step Process For Carbon Reduction
STEP
2006
2007
2008
2009
2010
2011
2012
io,a.
Clean & Green Committee
. Citizens for Clean & Green Committee formed in December 2008 to consider
options for carbon and energy reduction in the community
. 2011 Committee Members
1. Stan Breakell-Breakell Inc.
2. Adam Cohen -Structures Design/Build
3. Ken Cronin-City of Roanoke Staff
4. Tom Fitzpatrick -Roanoke City Public Schools
5. Braden Gandee-Clean Vibes
6. Jeremy Holmes - Roanoke valley-Alleghany Regional Commission (RideSolutions)
7. Sean McGinnis-Virginia Tech Green Engineering Program
8. Mark Powell- Roanoke Communfty Garden Association
9. John Renick-Meridium, Inc.
10. Cristina Siegel-clean Valley Council
11. Katie Wallace - The Wallace Agency
12. Clarice Walker- Loudon Melrose Neighborhood Organization, Inc.
13. laura Wasko - Retellus, lLC
14. aUly Weitzenfeld -Association of Energy Conservation Professionals
Clean & Green Programs - Ongoing
OttUM ~ Cleoo and Gr"'-el\ [in.
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Clean & Green Programs - 2011
CITY OF ROANOKE GREEN ACADEMY
f(foucin8 your ensrgy costs ~mll~arnjng a!lOln:gwen /)Ji/:fifll
u.."",..."."n'tt"~'~''''''<''''''' ~-".
"..,,..,';..n.,,""""'''',.'''''-''''I-',,,,,,;.,,,,,~,~......)'th,.:,,,,.,
EIl;:tty Conservation & WeatheU:tauof/.
to Renewable Energy & Water Con~ervfltion
,
Se-5-lOlOnS begin Thur5da}, Janu<'U) 20th
a",J::ootilL..fhf>foJlowl,grfl!l1sdiV~'1fI:5""4_pJv;
Jiln2<JJoonfeti3
Fishburn Park EII!ment.:uv Schoo
rob l1GI"1Il,,~u"n lowtcnTBD
5 30pm light dinner Program from (jpm to Spm
..:>II "Y1".Jl.I'"""'<r'-~ il'"rWttll fur,,' ~I\.<Illll d''IlIt.....~ 1I~'IfIIl..t"-l
-- - - ~ -- -
. 25 citizens attended
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Clean & Green Programs - 2010
"."....~'..,...~..~-....
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:_''''''''',00''_'_''''''_
. -240 Carbon Pledges to Date
'~7~"':~~~;'.::~::~.;t;l:O;:~:::=-o-=" ~O
;~!:~~~.,:~::::~~;t:':.:~~~".~;:;,'.j- ROANOKE
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Roanoke Energy and Carbon Inventory Analysis
. Scope
1. City limits and physical boundaries
2. Residential, commercial, industrial, and municipal activities
3. Electricity, natural gas, transportation fuels, and waste
. Data Sources
1. Utility billing records for electricity and natural gas use by sector
2. VDOT Vehicle miles travelled (VMT) data
. Emission Analysis
1. Clean Air and Climate Protection (CACP) software estimates emissions of
Greenhouse Gases (GHGs) including carbon dioxide and methane and EPA Criteria
Air Pollutants (CAPs) including nitrogen oxides, sulfur oxides, carbon monoxide,
volatile organic compounds (VOCs) and 10 micron particulate matter based on the
fuel amount/type and point-source chemical emissions.
Roanoke Electricity Usage
...
Residential
Commercial
Industrial
other
Totals
ZOO5 Wh
502,467,666
616,360,103
487,843,077
145349802
1752,020,648
zoos Wh
502,356,26
620,738,67
423,724,83
1443391
1691353,69
",5
zoog Wh
491,080,49
602,960,43
323,468,49
140 1761
155802703
.U..t
r~-----._----'-----------------------------'-----_.-"""1
I ~i""".'~-~I- -:
! 1..100,000,000; .__
j '~~~ ~1J--=IIl=~==~~~ ~
! 1OO.OOO~ [ ~:IIl:.-r&.:1~ :
I ~". ,-- -~, - ,...
Roanoke Natural Gas Usage
.."'"
Residential
Commercial
Industrial
Totals
10to nns
19,747,112
11,741,128
15,108,375
46,596,615
-3.9%
2007 ~ 2008
17,555,052 18,066,905
12,071,818 12,532,208
14,909,238 16,262,069
44,536108 46861182
+3.4%
,... "'"
17,696,938
12,038,571
13,989,730
43725239
-9.8%
Natural Gas Usage ~ City of Roanoke
J :::::: r- :;::::~::~ ~------u--
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., 1-_____,_ _' _... -
Roanoke Transportation Analysis - VDOT Data
Y..,
2005
2008
2009
Vehldes Miles
Trueled
736,548,004
744,814,259
792,675,391
. Wh\\e most of the roatl miles are
secondary, thepercentale of miles
travelled on the primary and
interstate roads are much higher
Chan e vs.2oo5 7.6%
Roanoke Road Type Roanoke Road VMT
Miles By Percentage By Percentage
."''''''.--
1_1% __
Roanoke CO2 Emissions
zoos 2001I 2009
Difference
009 Vs ZOOS
3.4%
5.1%
-24.0%
4.2%
6.4%
-1.9%
T""1!~.~tior \ to';:
"11 ~,.
2001 IIIg__v CO, Hmisdolli By Se<:tor
..-
Residential 666,761 673,531 689,462
Commercial 597,868 616,620 628,199
Industrial 504,571 468,532383,539
Transportation 493,183 489,771514,042
Waste 42,029 44,819 44,723
Totals 304412 2932732259965
"d"bill
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Roanoke CO2 Emissions - Scale of Reduction
. 10% Carbon Dioxide Reduction = 230,000 tons
. City of Roanoke'" 45,000 households
. 1 ton per household savings- "Save a ton"
ItonC02
~
'(;;I '\..: \ "'-.-ti"", 'j~ I
,j),...i, e -.... tlit \ .; "@;i....".
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f9>' fiil ":.. 8..- "tor~,of "NO'''_ t:J
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1,SOO cube$ =7.5 miles
26~"[
26i!et
Community Scale Reduction Examples
. It's important to understand the scale of CO2 reduction committed to by Roanoke City
Council. Here are a few examples based on some simple estimates:
1.Residential home weatherb:ation
.. If an energy audit and weatherization (air sealing, insulation, and energy
efficient systems) con reduce home energy use by 40%, we need this for action
for Ji of all residences in the city + on the arr/eraf 10,000 - to get a10%_redudion
injust this sedor.
2.Residentiallighting efficiency - CFl bulbs
.. 75W incandescent light bulbs can be replaced by 18W CFL bulbs for less than $2
each. To get 010% reduction in just the residential sector, we need on the order
of 5 bulbs per residence in the City,. 200,000 eFt bulbs tatat to be implemented.
3.Transportation
.. Assume an automobile upgrade from a car with a fuel economy of 20 mpg to
one with 35 mph. We need 1,200 such cor upgrades to get a 10% reduction in
this sector.
Questions?
'\
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i} ~ ,l
~~;,""
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of April, 2011.
No. 39094-041811.
A RESOLUTION supporting an application and authorizing the City Manager to submit such
application to the Virginia Department of Transportation (VDOT) for funds from VDOT's
Transportation Revenue Sharing Program in the amount of$2,259,096, which will require a local
match of $2,259,096, for the Route 605 (Old Mountain Road) over Tinker Creek - Bridge
Replacement and Ninth Street Bridge over the Roanoke River - Superstructure Replacement; 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. City Council hereby supports the application referred to herein and hereby authorizes
the City Manager to submit such application to VDOT for funds from VDOT's Transportation
Revenue Sharing Program in the amount of $2,259,096, which will require a local match of
$2,259,096, for the Route 605 (Old Mountain Road) over Tinker Creek - Bridge Replacement and
Ninth Street Bridge over the Roanoke River - Superstructure Replacement, all as more particularly
set forth in the City Manager's report dated April 18, 2011, to this Council.
2. The City Manager is hereby authorized to execute any documents necessary to submit
such application, 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 submission of such
application.
ATTEST:
~"c'o). M~ttyJ
City Clerk. /
R-VDOT-Revenue Sharing-Old Mountain Road-Ninth Street.doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
April 18, 2011
Revenue Sharing Program
Backg rou nd:
The Virginia Department of Transportation's Revenue Sharing Program is again
available to cities for FY 2012. This program provides additional funding for
use by the City to construct or improve its highway systems. The
Commonwealth of Virginia plans to make available $200 million in revenue
sharing funds statewide to cities and towns that maintain their road systems for
FY 2012. The maximum amount made available to localities has been
increased to $10 million for FY 2012. These funds are matching funds (50%
State/50% local).
Considerations:
Staff has identified two projects for which it would like to request these funds.
These projects are Route 605 (Old Mountain Road) over Tinker Creek - Bridge
Replacement and Ninth Street Bridge over the Roanoke River - Superstructure
Replacement.
For this year's application, the City will request $2,259,096 from VDOT, which
will require a local match of $2,259,096. The local funding will be provided by
using $729,096 from the Route 605 (Old Mountain Road) over Tinker Creek -
Bridge Replacement account, $500,000 from the Ninth Street Bridge over the
Roanoke River - Superstructure Replacement account and $1.03 million from
the City's planned FY 2012 capital project funds for Bridge Repair and
Replacement through the planned issuance of bonds.
Recommended Action:
Authorize the City Manager to apply for Transportation Enhancement Funds in
the amount of $2,259,096 as set forth above for the above referenced projects,
to execute any documents necessary to submit such application, approved as to
form by the City Attorney, and to furnish such additional information as may be
required in onnection with such application.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of April, 2011.
No. 39095-041811.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation and to transfer funding from various bridge projects to the Berkley Road
Bridge project amending and reordaining certain sections of the 2010-2011 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 2010-2011 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from 2008 VRA Bond
Funds
Appropriated from 2008 VRA Bond
Funds
Appropriated from 2008 VRA Bond
Funds
Appropriated from General Revenue
Appropriated from 2008 VRA Bond
Funds
Appropriated from General Revenue
Appropriated from State Grant Funds
$ ( 92,283)
08-530-9615-9301
08-530-9617 -9301
( 92,420)
( 700 )
(117,5~5)
185,403
117,585
300,000
08-530-9618-9301
08-530-9552-9003
08-530-9616-9301
08-530-9616-9003
08-530-9616-9007
Revenues
VDOT -Berkley Rd Bridge Renovations
08-530-9616-9616
3QO,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:
~--qR~ M.1'Yf OO>J
City Clerk.
To:
Meeting:
Subject:
Background:
CITY COUNCIL AGENDA REPORT
Honorable Mayor and Members of City Council
April 18, 2011
Funding for the Berkley Road Bridge Renovation Project
The Berkley Road (over Glade Creek) Bridge Renovation Project includes removal of
existing waterline; demolition of existing superstructure; modification of existing
substructure; installation of steel beams; reconstruction of composite concrete
deck; replacement of waterline; and associated work. The project has been
identified as a revenue sharing project with the Virginia Department of
Transportation (VDOT). The bid documents are being finalized and the project will
be ready for public advertisement in spring 2011.
Considerations:
Funding in the amount of $885,500 is needed for the project. A Standard Project
Administration Agreement was entered into with VDOT on January 28, 2010 for
this project, providing $300,000 as a revenue-sharing match (Attachment A). The
City's portion of the revenue sharing will be met with general funds established in
the project account. There is currently $282,512 available in the Berkley
Road/Glade Creek Bridge Renovation account, 08-530-9616. Residual funding
from the following project accounts is available to complete the budget needed for
the Berkley Road Bridge Renovation Project:
$92,283
$92,420
$700
$117,585
08-530-9615- Bandy Avenue/Garnand Branch Bridge Renovation
08-530-9617- Crestmoor Drive/Barnhart Branch Bridge Renovation
08-530-9618- Rose Avenue/Garnand Branch Bridge Renovation
08-530-9552- Bridge Maintenance
Recommended Action:
Adopt the accompanying bu'dget ordinance to establish a revenue estimate in the
amount of $300,000 and appropriate funding in the same amount from VDOT aod
transfer funding of $302,988 from the projects and acco'unt numbers identified
above acc unt number 08-530-9616, Berkley Road/Glade Creek Bridge
Re I n, a established by the Director of Finance.
CHRISTOPHER P. MORRILL
City Manage r
Attachment
Distribution: Council Appointed Officers
Philip C. Schirmer, PE, LS, City Engineer
"J :, )
STANDARD PROJECT ADMINISTRATION AGREEMENT
State-aid Projects
Project Number UPC Local Government
UOOO-128-311, PIOI, M501 94730 City of Roanoke
THIS AGREEMENT, made and executed in triplicate this ;;2~ day of ~ ~,
20~, by and between the City of Roanoke, Virginia, hereinafter referred to as the
LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter
referred to as the DEPARTMENT.
WHEREAS, the LOCALITY has expressed its desire to administer the work described
in Appendix A, and such work for each improvement shown is hereinafter referred to as the
Project; and
WHEREAS, the funds shown in Appendix A have been allocated to finance the
Project(s) and the funding currently allocated or proposed for the project(s) does not include
Federal-aidBighway funds; and
WHEREAS, both parties have concurred in the LOCALITY's administration of the
phase(s) of work for the respective Project(s) listed in Appendix A in accordance with
applicable federal, state and local laws and regulations.
NOW THEREFORE, in consideration of the mutual premises contained herein, the
parties hereto agree as follows:
1. The LOCALITY shall:
a. Be responsible for all activities necessary to complete the noted phase(s) of each
Project shown in Appendix A, except for activities, decisions, and approvals which
are the responsibility ofthe DEPARTMENT, as required by federal or state laws and
regulations or as otherwise agreed to, in writing, between the parties.
b. Receive prior written authorization from the DEPARTMENT to proceed with the
project.
c. Administer the project(s) in accordance with guidelines applicable to Locally
Administered Projects as published by the DEPARTMENT.
d. Provide certification by a LOCALITY official of compliance with applicable laws
and regulations on the State Certification Form for State Funded Projects or in
another manner as prescribed by the DEPARTMENT.
e. Maintain accurate and complete records of each Project's development of all
expenditures and make such information available for inspection or auditing by the
DEPARTMENT. Records and documentation for items for which reimbursement
- -- . .. .u_.. . ~__ . .. __ ___._.. ..'." _ ___..... .,_.u_ _ ., __~_._ _ ...
)
-)
City of Roanoke
will be requested shall be maintained for not less than three (3) years following
acceptance of the final voucher on each Project.
f. No more frequently than monthly, submit invoices with supporting documentation to
the DEPARTMENT in the fonn prescribed by the DEPARTMENT. The supporting
documentation shall include copies of related vendor invoices paid by the
LOCALITY and also include an up-to-date project summary and schedule tracking
payment requests and adjustments.
g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT
if due to action or inaction solely by the LOCALITY the project becomes ineligible
for state reimbursement, or in the event the reimbursement provisions of Section
33.1-44 or Section 33.1-70.01 ofthe Code of Virginia, 1950, as amended, or other
applicable provisions of state law or regulations require such reimbursement.
h. On Projects that the LOCALITY is providing the required match to state funds, pay
the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred
by the DEP ARTMENTin the performance of activities set forth in paragraph 2.a.
1. Administer the Project in accordance with all applicable federal, state, and local laws
and regulations. Failure to fulfill legal obligations associated with the project may
result in forfeiture of state-aid reimbursements
J. If legal services other than that provided by staff counsel are required in connection
with condemnation proceedings associated with the acquisition of Right-of-Way, the
LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of
outside counsel approved by the Office of the Attorney General. Costs associated
with outside counsel services shall be reimbursable expenses ofthe project.
k. For Projects on facilities not maintained by the DEPARTMENT, provide, or have
others provide, maintenance of the Project upon completion, unless otherwise agreed
to by the DEPARTMENT.
2. The DEPARTMENT shall:
a. Perform any actions and provide any decisions and approvals which are the
responsibility of the DEPARTMENT, as required by federal or state laws and
regulations or as otherwise agreed to, in writing, between the parties.
b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 1.f, reimburse the
LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such
reimbursements shall be payable by the DEPARTMENT within 30 days of an
acceptable submission by the LOCALITY.
c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share of
eligible project expenses incurred by the DEPARTMENT in the performance of
activities pursuant to paragraph 2.a. .
OAG Approved 6/23109
2
u)
)
UPC # 94730
City of Roanoke
d. Audit the LOCALITY's Project records and documentation as may be required to
verify LOCALITY compliance with applicable laws and regulaHons.
e. Make available to the LOCALITY guidelines to assist the parties in carrying out
responsibilities under this Agreement.
3. Appendix A identifies the funding sources for the project, phases of work to be
administered by the LOCALITY, and additional project-specific requirements agreed to
by the parties. There may be additional elements that, once identified, shall be addressed
by the parties hereto in Writing, which may require an amendment to this Agreement.
4: If designated by the DEPARTMENT, the LOCALITY is authorized to act as the
DEPARTMENT's agent for the purpose of conducting survey work pursuant to Section
33.1-94 ofthe Code of Virginia, 1950, as amended.
5. Nothing in this Agreement shall obligate the parties hereto to expend or provide any
funds in excess 0 f funds agreed upon in this Agreement or as shall have been
appropriated. In the event the cost of a Project is anticipated to exceed the allocation
shown for such respective Project on Appendix A, both parties agree to cooperate in
providing additional funding for the Project or to terminate the Project before its cost
exceeds the allocated amount, however the DEPARTMENT and the LOCALITY shall
not be obligated to provide additional funds beyond those appropriated and allocated.
6. Nothing in this agreement shall be construed as a waiver of the LOCALITY's or the
Commonwealth of Virginia's sovereign immunity.
7. This agreement may be terminated by either party upon 30 days advance written notice.
Eligible Project expenses incurred through the date of termination shall be reimbursed in
accordance with paragraphs l.f, l.g, and 2.b, subject to the limitations established in this
Agreement and Appendix A. Upon termination and unless. otherwise agreed to, the
DEPARTMENT shall retain ownership of plans, specifications, and right of way for
which state funds have been provided, unless all state funds provided for the Project have
been reimbursed to the DEPARTMENT by the LOCALITY, in which case the
LOCALITY will have ownership of the plans, specifications, and right of way.
THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has
been prepared jointly by the parties and shall be construed simply and in accordance with its fair
meaning and not strictly for or against any party.
THE LOCALITY and the DEPARTMENT further agree that should Federal-aid
Highway funds be added to the project, this agreement is no longer applicable and shall be
terminated. The LOCALITY and the DEPARTMENT mutually agree that they shall then enter
into a Standard Project Administration Agreement for Federal-aid Projects.
THIS AGREEMENT, when properly executed, shall be binding upon both parties, their
successors, and assigns.
OAG Approved 6/23/09
3
--~-~~-~,._~-~-~-~
_._-_._-~---~-~~-------~, -----
;, )
_/
)
UPC # 94730
City of Roanoke
THIS AGREEMENT may be modified in writing by mutual agreement of both parties.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed
as of the day, month, and year first herein written.
Da.rlene . Burcham
Typed or printed name of signatory
.by Ma.najer
Title
(>.ut.&~ -.J. III · C"'f'
~ature of Witness . ~
I.:L/ It, 10'1
Date .
I ~/ IfLJ IOq
Date
NOTE: The official signing for the LOCALITY must attach a certified copy of his or her
authority to execute this agreement.
,-t.
R C;.~ Conunonwe th ransportation Co
Conunonwealth ofVirgini~
Department of Transportation
&4H tI {l},o.lIb
Signat~re ot'"Wit ess
, DEPARTMENT OF TRANSPORTATION:
,I ;6y/; 0
Date .
I /~ 2 ~(()
Dfite / .
Attachment
Appendix A-l- UPC #94730
GAG Approved 6123109
4
, )
Project Number: UOOO-128-311,PIOI, M:lIJl
upe #94730
( )
Locality: City ot-Roanoke
Scope:
From:
To:
Bridge Widening & Replacement over Glade Creek
SOt N. Glade Creek Bridge
SOt s. Glade Creek Bridge
Locality Project Manager Contact Info: Jay Witt 1-540-853-2734
Deparlment Project Coordinator Contact Info: Anthony Ford 1-540-378-5040
Phase
Estimated Project Costs
Preliminary Engineering
Right-of-Way & Utilities
Construction
$1,000
$0
$599,000
$600,000
$1,000
$0
$599,000
$600,000
$1,000
$0
$2,000
. $3,000
$0
$0
$297,000
$297,000
Total Estimated Cost
Total Maximum Reimbursement by Locality to VDOT
Total Maximum Reimbursement by VDOT to Locality
$0
$300,000
A
B
c
FYlO Revenue Sharing
Locality Unmatched Funds
$0
D
E
Revenue Sharing
VDOT match
$300,000
Revenue Sharing
Local Match
$300,000
LOcality Funds
$0
Aggregate Allocations
(A+BfC+D)
$600,000
This project shall be administered in accordance with VDOT's Locallv Administered Proiects Manual.
· This project will be constructed and maintained in accordance wfth the Urban Construction & Maintenance Program Policies & Guidance
(Urban Manual).
The City of Roanoke will be responsible for maintenance & operation once the project is completed.
This project is a Revenue Sharing project and must follow the procedures set forth in the FY2009 Guide to the Revenue Sharing Program.
· Estimated eligible VDOT expenses are based on VDOT processing SERP (if applicable) and inspection. Any additional assistance necessary
may result In additional VDOT charges to the project. .
This is a limited fund source project. All costs exceeding available Revenue Sharing Funds wfll be borne 100% by the locality.
· VDOT wfll reimburse locality 50% of eligible costs up to Maximum Reimbursement Amount, less any VDOT expenditures.
· Revenue Sharing Funds above consist of the fOllowIng Fiscal Years:
o FY10 Funds. 0,000 $300000 locali & $300,000 VDOT
mH'_'alm ,~,ffi"" ."""""",....., ""-"by ili''''''=~'y~ I h-I /;0
Urban Program M~mmendation and datll
Leo Rutledge
Typed or printed name of person signing
OAG Approved 6/23/09
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
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
April 19, 2011
Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 39096-041811 to appropriate funding from
the Federal government for educational programs, amending and reordaining certain
sections of the 2010-2011 School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 18, 2011, and is in full force and effect upon its
passage.
Sincerely,
A*rR~'h). MCl~
Stephanie M. Moon, MMC ~
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Amelia Merchant, Director, Management and Budget
0jJ
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of April, 2011.
No. 39096-041811.
AN ORDINANCE to appropriate funding from the Federal government for educational
programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
BElT bRDAINED by the Council of the City of Roanoke that the following sections of the
2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Supplements
309-110-0000-0000-9305-61100-41129-9-01 $ 2,995,547
Revenues'
Federal Grant Receipts
309-000-0000-0000-9305-00000-38410-0-00 $ 2,995,547
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. L
April 18, 2011
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on April 13, 2011, the Board
respectfully requests City Council approve the following appropriation:
New Appropriation
Education Jobs Fund 2010-11
Total New Award
$2,995,547
The School Board thanks you for your approval of the appropriation
request as submitted.
Sincerely,
~1\P
.~
Cindy H. Po lton, Clerk .
pc: William M. Hackworth
Chris Morrill
Ann Shawver
David B. Carson
Rita D. Bishop
Curt Baker
Margaret Lindsey
Acquenatta Harris (w / details)
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
ROANOKE CITY
PUBLIC SCHOOLS
Strong~Students. Strong Schools. Strong City.
S~hool Board
David B. Carson
Chairman
Jason E. Bingham
Vice Chairman
Mae G. Huff
Annette Lewis
Suzanne P. Moore
Todd A. Putney
Lori E. Vaught
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerko! the Board
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
April 18, 2011
Jobs Grant Appropriation
Background:
As the result of official School Board action at its April 13th meeting, the Board
respectfully requested that City Council appropriate funding from the federalJobs
Grant.
The 2010-11 Education Jobs Bill grant of $2,995,547 will fund compensation and
benefits related to early childhood, elementary, or secondary educational services.
School divisions may use the funds for teachers and other employees who provide
school-level educational and related services including principals, assistant
principals, academic coaches, in service teacher trainers, classroom aides,
counselors, librarians, secretaries, social workers, psychologists, interpreters,
physical therapists, speech therapists, occupational therapists, information
technology personnel, nurses, athletic coaches, security officers, custodians,
maintenance workers, bus drivers and cafeteria workers. The program will be
fully reimbursed by Federal funds and will end September 30,2012. This is a new
program. A chart prepared by School Administration outlining the planned uses
of this funding is attached.
Recommended Action:
We recommend that you concurwith this report of the School Board and adopt the
attached budget ordinance to establish a revenue estimate and to appropriate
funding.
~
~W \f0.-
AN WVER __________
Director of Finance ".
Attachment
Distribution: Council Appointed Officers..'. .
Rita D. Bishop, Superintendent, RCPS
Curtis Baker, Deputy Superintendent for Operations, RCPS
JOBS BILL FUNDS - RECOMMENDATION
Total Jobs Bill Funds
Base Jobs Bill Bonus
Plan
SUBTOTAL
REMAINDER
Expanded Summer
School
REMAINING
BALANCE*
Pay bonuses to all employees eligible under
the Jobs Bill legislation:
v' Bonus paid to all school-based
employees plus instructional
coordinators and maintenance workers,
creating an eligible recipient pool of
1888 employees
v' Bonus paid only to full time employees
employed in the 2010-11 school year **
v' Bonus paid only to full time employees
returning in the 2011-12 school year
- Exception: Employees retiring or
disabled at end of 2010-11 will receive
the payment made in May 2011
Base Bonus payment approach:
v' Base Bonus amounts:
- $1,500 for 1,275 professional and
administrative employees
- $800 for 613 classified employees
v' Two bonus payments, each equal to 50%
of total base bonus
v' First bonus payment made in May 2011;
second bonus payment made in Fall
2011
Provide the following:
v' More expansive 5-5-5 program (career
exploration for fifth graders) to include
fine arts careers in collaboration with
the Taubman Museum
v' Summer "Reading Camp" staffed by
reading specialists to focus on students
achieving the goal of "reading on grade-
level" by point of entry into third grade
v' Additional summer locations will be
utilized for expanded programs
This is the final amount
of Jobs Bill funding
available to RCPS as
published by the State
Bonuses are favored
over salary adjustments
in order to avoid making
a "permanent" change
using temporary funds
$2,995,547.11
$ 2,402,900.00
$592,647.11
$500,000.00
$92,647.11
We anticipate that a total of approximately $200,000 will likely be available to fund one of the Options
discussed below. This amount is derived by taking the $92,647.11 Remaining Balance from above and
adding to it anticipated Jobs Bill savings from normal employee attrition.
*
** "Full time" is defined as (i) 72% or greater and (ii) were employed for 160 or more days in 2010-11.
1
REMAINING
BALANCE FROM
PAGE 1 *
Supplemental
Bonus
$92,647.11
Supplemental Bonus payment
approach:
Since salaries have been frozen,
85 employees on steps 16-18 have
not received the largest step
increase on the scale ($5,651 with
Bachelors degree).
$85,000.00
Professional employees eligible
under the Jobs Bill legislation who
will be on Steps 16-18 in 2011-12
will receive an additional bonus of
$1,000.
An additional 871 employees who
have reached a step increase will
not receive a supplemental bonus.
REMAINING
BALANCE AFTER
PAYMENTS *
$ 7,647.11
*
We anticipate that a total of approximately $200,000 will likely be available to fund one of the Options
discussed below. This amount is derived by taking the $92,647.11 Remaining Balance from above and
adding to it anticipated Jobs Bill savings from normal employee attrition.
2
OFFICE OFTHE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 364
Roanoke, Virginia 24011
540.853.2333
www.roanokeva.gov
CITY CLERK 111 AF'R 15 Pt,~~4:(,'3
April 15, 2011
Honorable Mayor and Members of City Council:
Subject: FY 2011- 2012 Recommended Budget Briefing Material
You will find attached the briefing material for the FY 2011- 2012 Recommended
Budget. The information on offers (programs/services) for each priority area is
presented in the same format as the April 4th briefing. It should be noted that
several offers that were not previously funded, based on available funding, are now
funded. This was facilitated by revisions in the revenue estimate, adjustments in
programs identified for potential expansion, and other budget adjustments. Offers
that are now funded include:
· GRTC/Valley Metro Peak Time Service
· Virginia Cooperative Extension
· Blue Ridge Behavioral Healthcare
· USDA Summer Food Service Program
· Total Action Against Poverty
· Custodial Services
· Solid Waste Containers and Distribution
· Technology Capital
· Enterprise Printing Services
· Civic Center Rental Sponsorship
· Bulk and Brush Item Collection
. Solid Waste Collection Inspectors
· Operations Call Center
· Sidewalk Repair and Maintenance
· Roanoke Emergency Management Services (REMS)
· Risk Management Safety Specialist
· Solid Waste Environmental Clean Up
While we are fortunate that the budget was developed with moderate revenue
growth, the growth was not sufficient to address every identified need and
required difficult decisions to balance the budget. It should be noted that while
the Recommended Budget includes targeted enhancements to programs and
services,it does not fully address critical needs such as the level of funding
needed for fleet replacement, building maintenance, and technology capital.
We look forward to presenting the budget on Monday.
SaJr~
Christopher P. Morrill
City Manager
c: William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Ann H. Shawver, Director of Finance
, ,
FY 2011-2012
Recommended Budget
April 18, 2011
FY 2011-2012 Budget
· Recommended budget is balanced and
meets Council priorities
· Budget Totals - $258,697,000
- Increase of $5,334,000 or 2.1 %
- Includes no increase in real estate or other local
tax rates
- Involves minimal impact to City workforce - only
as related to a discontinued state-funded program
2
1
Historical Reductions to Balance
the Budget
~
~
$10
$9
$8
$7
$6
$5
$4
$3
$2
$1
$0
FY 2007 FY 2008 FY2009 FY 2010 FY 2011
Includes FTE reductions of 188 since FY 2007.
3
Difficult Measures to Balance the
Budget
. General building maintenance, capital building maintenance
. Technology Capital
. Vehicular equipment replacement
. GRTC Subsidy
. Street sweeping activities, street paving, loose leaf collection, mowing
frequency, bulk/brush collection frequency
. Parks and Recreation horticulture and beautification, athletic field and park
mowing, urban forestry, Youth Services, fitness centers, aquatic facility
operations
. Police Cadet Program, Mounted Patrol, administrative positions
. Virginia Juvenile Community Crime Control Act (VJCCCA) - Crisis
Intervention program
. Library branch operating hours, collection materials, library programs,
technology, magazines and newspapers, bookmobile service
. Neighborhood Improvement Grants, Citizen Service desk
. Employee programs, ICMA Savings Plan Match, tuition reimbursement
. Contributions, Sponsorships and Memberships
4
2
Balancing Challenges
Non-Discretionary
. Retirement Contribution
. Medical, Dental Employer Contributions
. Cost Increases (Utilities, Fuel)
Unfunded State/Federal Mandates
. Veterans Real Estate Tax Exemption
. Line of Duty Insurance Benefits
. Reduced HB 599 Funding (reduction in funding)
. Signs and Pavement Markings
Focus Areas
. Fleet Replacement
. Capital Building Maintenance
. Technology Enhancements/Infrastructure
. Employee Compensation and Benefits
. Select Program Enhancements/Restorations
5
General Fund Revenue Summary
FY11 FY12
Adopted Recoml1)ended Dollar Percent
Category Budget Budget Increase Increase
local Revenue $186,996,000 $191,014,000 4,018,000 2.1 %
State Revenue 66,367,000 67,683,000 1,316,000 2.0%
Total Revenue $253,363,000 $258,697,000 $5,334,000 2.1 %
6
3
Projected Revenue Growth (Decline)
FY 2012 Recommended Revenue Estimates
Compared to FY11 Adopted Estimates
FY11 FY12 $ %
Category Adopted Recommended Increase! Increase!
Budget Budget (Decrease) (Decrease)
Real Estate Tax $79,602,000 $79,586,000 ($ 16,000) 0.0%
Personal Property Tax 17,084,000 18,672,000 1,588,000 9.3%
Sales Tax 17,995,000 18,515,000 520,000 2.9%
Lodging Tax 2,521,000 2,878,000 357,000 14.2%
Prepared Food Tax 15,341,000 16,495,000 1,154,000 7.5%
Bank Stock Tax 800,000 1,400,000 600,000 75.0%
Telecommunications Tax 7,295,000 7,682,000 387,000 5.3%
Fines and Forfeitures 1,606,000 1,171,000 (435,000) (27.1%)
State & Federal Revenue 66,405,000 67,722,000 1,317,000 2.0%
Charges for Services 10,024,000 10,080,000 56,000 0.6%
Other Revenues 34,690,000 34,496,000 (194,000) (0.6%)
Total $253,363,000 $258,697,000 $ 5,334,000 2.1%
7
Projected State Revenue Increase
FY 2012 Recommended Revenue Estimates
Compared to FY11 Adopted Estimates
Category FY11 FY12 Increase! %
Adopted Recommended Decrease Increase!
Budget Budget Decrease
Noncategorical Aid $7,858,000 $7,944,000 $86,000 1.1%
Shared Expenses
(Constitutional Offices) 8,565,000 8,631,000 66,000 0.8%
Social Services 30,484,000 32,024,000 1,540,000 5.1%
Other Categorical Aid 19,460,000 19,084,000 (376,000) (1.9%)
Total State Revenue $66,367,000 $66,683,000 $1,316,000 2.0%
8
4
Recommended Revision to
School Funding Policy
· Schools receive 40% of adjusted local taxes
· Only adjustments are district taxes and Council
approved performance agreements
· Single funding amount to Schools for operations,
capital and debt service
· Increased School Board flexibility for funding
allocation
· Continued coordination of capital; easier budgeting
for debt service
· Coordination of pay raises and benefits for City and
School employees
· Declining debt service obligations accrue to School
Board, not City
· Policy to be adopted by City Council
9
FY12 Recommended School Funding
An increase of $1.5 million (2%) over FY11
Category
Recommended
Estimate
FY2012
177 ,940,000
8,076,000
(4712857)
181,303,143
Local Tax. Estimate
Personal Property Tax Relief Provided by Commonwealth
Less: 2 rt of the 7 rt for Prepared Food & Beverage Tax (100% goes to RepS)
Total RevenUe Subject to Sharing with Schools
Deduct Dedicated Taxes:
Service District Taxes. Downtown and Williamson Road Districts
Local Taxes Dedicated to Ivy Market Perlormance Agreement
Local Taxes Dedicated to Home Depot Perlonnance Agreement
Local Taxes Dedicated to Maple Leaf Bakery Performance Agreement
Local Taxes Dedicated to Cambria Suites PerlolTIlanceAgreement
Total Deductions
505,000
150,000
275,000
10,000
218000
1,158,000
Adjusted Revenue Subject to Sharing with Schools
180145143
Percentage Allocated to Schools
Funding of Schools
Total School Funding
40.00%
72,058,057
4,712857
76,770,914
Add: 2 i of the 7 i for Prepared Food & Beverage Tax (100% goes to RepS)
Note: Two cent additional funding for education ends after FY12.
10
5
Limited Revenues Available for
Allocation to Budget Priorities
Total General Fund Revenue Growth $ 5,334,000
Less: Dedicated Social Services Revenue (2,186,000)
Subtotal 3,148,000
Les~: Revenue Growth Dedicated to (1,513,625)
Roanoke City Schools
Less: Retirement, Medical and Dental (1,768,263)
Cost Increases
Revenue Growth Available for ($ 133,888)
Allocation to Priorities
11
Organization-Wide Expenses
Transfer to Debt Service $15,517,815
Personnel Lapse (Salary, (1,812,526)
FICA, Retirement)
Budget Contingency 1,211,927
Other (Medical, Dental, W/C, 4,056,739
Misc Contingencies, Budget
Stabilization, Risk
Management Reserve)
TOTAL $18,973,955
12
6
Priority Allocations
Livabilny
$16,593,529
7%
Economy
$3,331,034
1%
Human Services
$40,727,146
17%
Safety
$60,803,008
25%
Infrastructure
$24,873,456
11%
Education
$78,172,291
33%
Education
Livabilny
$16,593,529
7%
Economy
$3,331,034
1%
Human Services
$40,727,146
17%
I
Safety
$60,803,008
25%
Education
$78,172,291
33%
13
14
7
Education
Funded - $78,172.291
. Roanoke City Public Schools - $76,770,914
. Libraries - $1,320,395
- Community Information Centers - $946,959
- Library Early Literacy Services - $155,721
- Library Services K-12 - $134,612
- Lifelong Learning - $72,903
- Community Outreach - $10,200
. Roanoke Valley Sister Cities - $10,800
. Virginia Cooperative Extension - $32,000
. Virginia Western Community College - Scholarships and Capital
Support - $38,182
Program Expansions/Restorations - $50.823
. Library Early Literacy Services - $50,823 for Librarian II to work with
pre-school children
15
Safety
livabilITY
$16,593,529
7%
Economy
$3,331,034
1%
Human Services
$40,727,146
17%
Safely
$60,803,008
25%
'1
Education
$78,172,291
33%
16
8
Safety
Funded - $60.803.008
. Building Inspections - $576,575
. 23rd Judicial Circuit Court - $522,864
. Commonwealth's Attorney Office - $1,364,249
- City Prosecutors - $1,306,963
- Regional Drug Prosecutor - $27,900
- Roanoke City Victim Witness Program - $29,386
. Court Services Unit - $1,352,885
- Residential Juvenile Detention Services - $1,352,885
. E-911 - $2,591,459
. Fire/EMS - $16,862,746
- Fire Operations - $13,986,601
- Emergency Medical Services - $1,295,658
- Fire-EMS Training Division - $442,613
- Fire/EMS Administrative Management Services - $462,894
17
Safety (continued)
Funded (continued)
. Fire (continued)
- Fire - Roanoke Emergency Medical Services (REMS) -
$150,000 .
- Emergency Management - $83,931
- Fire Prevention/Inspection/Investigation Division - $380,915
- Fire/EMS Support Services - $60,134
. General District Court - $20,653
. Juvenile and Domestic Relations Court Clerk - $22,401
. Magistrate's Office - $3,505
. Parks and Recreation - $172,850
- School Playground Safety and Maintenance - $128,850
- Carvins Cove & Coyner Springs Road Area Security - $44,000
18
9
Safety (continued)
Funded (continued)
. Police-$19,146,654
- Police Patrol- $9,781,798
- Police Investigation - $3,547,649
- Police Academy - $574,817
- Police Administrative Services - $1,446,486
- Police Forensics - $475,108
- Police Community Integration & Service Enhancements -
$510,465
- Police Support & Records - $1,180,010
- Police School Resource Officers - $542,022
- Police Animal Control & Protection Unit - $1,088,299
. Risk Management - Safety SpeCialist - $53,568
. Sheriff/Jail - $15,291,571
- Jail Operations - $12,187,365
- Sheriff's Office Operations - $2,811,471
- DARE Program - $292,735
19
Safety (continued)
Funded (continued)
. Solid Waste - Environmental cleanup - $17,959
. Transportation - $2,489,227
- Traffic Signals - $673,762
- Signs & Pavement Markings - $659,476
- Street Lighting - $1,155,989
. VJCCCA - $313,842
- Enhanced Community Services - $77,145
- Outreach Detention/Electronic Monitoring - $236,697
Proqram Expansions/Restorations - $134,500
. Fire - $28,500
- Fire Inspections - $28,500
. Transportation - $106,000
- Traffic Signals - $25,000
- Signs and Pavement Markings - $81,000
20
10
Human Services
Livabil~y
$16,593,529
7%
Economy
$3,331,034
1%
Human Services
$40,727,146
17%
Safety
$60,803,008
25%
Education
$78,172,291
33%
21
Human Services
Funded - $40.727.146
. Blue Ridge Behavioral Health -$448,890
. Comprehensive Services Act - $10,839,765
. Court Services Unit - Probation, Parole and Intake Services-
$23,697
. Health Department - $1,412,257
. Human Services Committee - $430,582
. Human Services Support - $148,192
. Social Services - $26,584,637
- Administration - $1,519,323
- Benefits Programs - $5,416,950
- Employment Services - $1,563,104
- Foster Parent Training - $219,093
- Services Division - $17,866,167
. Total Action Against Poverty - $160,000
22
11
Human Services (continued)
Funded (continued)
. USDA Summer Food Service Program - $41,227
. VJCCCA (Substance Abuse Counseling) - $49,740
. Youth Haven - $588,159
Program Expansions/Restorations - $2.715.728
. Adoption - $2,075,771
. Daycare Services - $603,953
. Foster Parent Training - $17,586
. Social Services Benefits Division - $10,217
. TAP - $8,201
23
I nfrastru ctu re
Uvabilily
$16,593,529
7%
Economy
$3,331,034
1%
H..lman Services
$40,727,146
17%
Infrastructure
$24,873,456
11%
I
Education
$78,172,291
33%
24
12
Infrastructure
Funded - $24.873.456
. Technology Upgrades - $550,000
. Engineering - $1,786,217
. Enterprise Printing Services - $200,000
. Environmental - $213,462
. Facilities Management - $5,160,198
- City Utilities and Administrative Support - $1,348,345
- Civic Center HVAC - $142,157
- Custodial Services - $716,850
- HVAC - $681,078
- Maintenance Contracts and Service Agreements -
$359,454
- Mechanical Maintenance - $590,225
- Municipal Complex Maintenance - $600,806
- Structural Maintenance - $721,283
25
Infrastructure (continued)
Funded (continued)
. Fleet Management - $4,901,832
- Administration - $110,010
- Capital - $1,994,903
- Maintenance and Repair - $2,188,610
- Motor Fuel - $511,966
- Vehicle Wash - $96,343
. Library - Technology and Innovation - $32,800
. Parks and Recreation - $1,375,607
- Park and Green Space Management - $831,549
- Urban Forestry - $544,058
. Planning - $169,105
. Solid Waste Management Containers and Distribution - $104,264
. Technology - $3,553,848
26
13
Infrastructure (continued)
Funded (continued)
. Transportation - $6,826,123
- Alley Maintenance - $487,328
- Median and Right of Way Landscape Maintenance - $1,304,753
- Paving Program - $2,972,605
- Snow Removal - $110,281
- Stormwater Infrastructure Maintenance and Stormwater Pollution
Prevention - $781,440
- Street Maintenance - $1,049,102
- VDOT Local Match - $120,614
27
Infrastructure (continued)
Program Expansions/Restoration - $782.880
. Facilities Management - $248,775
- Civic Center HVAC - $142,157
- HVAC - $66,023
- Mechanical, Structural and Municipal (Capital) Building
Maintenance - $40,595
. Fleet Capital - $194,750
. Parks and Greenspace Management $48,979
. Urban Forestry - $19,510
. Paving - $200,000
. Median and Right of Way Landscape Maintenance - $70,866
28
14
Livability
Livability
$16,593,529
7%
Economy
$3,331,034
1%
Human Services
$40,727,146
17%
Safety
$60,803,008
25%
Education
$78,172,291
33%
29
,/
Livability
Funded - $16.593.529
. Civic Center (Debt Service and Operating Subsidy) -
$1,977,100
. Event Zone - $136,932
. General Services - Civic Center Rental - $7,500
. GRTC-$1,654,105
. Library - $1,752,272
- Neighborhood Library Services - $1.176,815
- Books and Materials - $575,457
. Mill Mountain Zoo - $33,120
. Parks and Recreation - $2,957,797
- Adult and Senior Programming - $445,416
- Aquatic Operation and Programming - $169,091
- Greenway and Trail Management - $1,121,843
- Special Event Support - $107,040
- Youth and Family Programming - $1,114,407
30
15
Livability (continued)
Funded (continued)
Planning, Building and Development - $2,050,016
- Code Enforcement - $1,067,775
- Planning and Urban Design Services - $862,986
- HUD HOME Local Match - $25,750
- Neighborhood Support - $93,505
Roanoke Valley Greenways Commission - $38,600
Solid Waste Management - $5,232,961
- Trash Collection - $2,877,531
- Recycling Collection - $475,593
- Physically Challenged Service - $230,986
- Central Business District Trash/Recycling Collection - $235,141
- Bulk Collection - $946,713
- Brush/Leaf Collection - $226,600
- Operations (Call Center) - $86,575
- Collection Inspectors - $153,822
31
Livability (continued)
Funded (continued)
. Transportation - $697,126
- Traffic Engineering, Transportation Planning and Project
Management - $331,945
- Sidewalk Repair and Maintenance - $365,181
. Virginia Amateur Sports - $56,000
32
16
Livability (continued)
Program Expansions/Restorations - $108,843
. Libraries - Books and Materials - $25,000
. GRTC - Amtrak Bus Connector - $0
. Parks and Recreation - $83,843
- Greenway and Trail Management (Mowing, Maintenance) -
$54,645
- Aquatic Operation and Programming (ADA Compliance,
Chemicals) - $9,992
- Youth & Family Programming (Athletic Field Maintenance)-
$19,206
Not Funded - $85,600
. Save a Ton Program - $78,000
. Western Virginia Land Trust - $2,600
. Distribution of Compact Fluorescent Bulbs - $5,000
33
Good Government
livabilITY
$16.593.529
7%
Economy
$3.331.034
1%
Human Services
$40.727.146
17%
Safety
$60.803.008
25%
Education
$78.172,291
33%
34
17
Good Government
Funded - $15.222.581
. Billings & Collections - $535,138
- Accounts Receivable Billing and Collection Services - $148,795
- Delinquent Tax Collections, Bankruptcy Administration and Tax
Sale Program - $202,436
- Local Trust Tax, Sales Tax, Cigarette Tax Administration,
Auditing, Enforcement and Collections - $130,717
- Set Off Debt Collection Program - $53,190
. Blue Ridge Soil and Water Conservation - $3,000
. City Attorney's Office - $653,237
. City Clerk's Office - $335,473
. City Council - $224,464
. City Manager's Office - $510,962
. Clerk of Circuit Court's Office - $1 ,323,178
. Commissioner of Revenue's Office- $817,073
. Commonwealth Attorney's Office/Cost Collections - $79,109
. Council Appointed Officers - $874,461
. Constitutional Officers - $851,622 35
Good Government (continued)
Funded (continued)
. Department of Finance - $1,548,095
. Directors - $324,967
. Downtown Service District - $374,000
. Fifth Planning District - $64,417
. Human Resources - $1,385,793
. Management & Budget - $490,561
. Municipal Auditing - $492,906
. New Century Technology Council - $2,000
. Office of Communications - $235,035
. Parking Contract for ADA - $8,400
. Planning, Building and Development - $164,906
- Permit Center - $164,906
. Purchasing/Management Services - $417,839
. Real Estate Valuation - $853,926
36
18
Good Government (continued)
Funded (continued)
. Registrar - $235,634
. Risk Management - $859,030
. Roanoke Valley Arts Council - $1,008
. Technology - 311 System - $15,641
. Telephone Services - $581 ,005,
. Transdominion Express - $2,000
. Treasurer's Office - $813,676
. Virginia 1st Cities Coalition - $24,051
. . Virginia Municipal League - $25,974
. Williamson Road Service District - $94,000
37
Good Government (continued)
Program Expansion/Restoration - $23,230
. Human Resources - Employee Programs (Leadership Development
Institute, Foundations for Leadership Excellence) - $23,230
Not Funded - $17.565
. Employee Holiday Program - $17,565
38
19
Economy
Economy
$3,331,034
1%
HJman Services
$40,727,146
17%
Livability
$16,593,529
7%
Safety
$60,803,008
25%
Infrastructure
$24,873,456
11%
Education
$78,172,291
33%
39
Economy
Funded - $3.331.034
. Center in the Square - $180,760
. Convention and Visitors Bureau - $721,152
. Economic Development - $1,722,658
- Business Development - $1 ,21 0,412
- Roanoke Arts Commission - $287,749
- Asset Promotion for the Economy - $153,339
- Asset Development for the Economy -$26,920
- Workforce/Job Development - $27,468
- Percent for the Arts (staff support) - $16,770
. Miss Virginia Pageant - $9,600
. NCAA Championship - $2,880
. Office of Communications - $173,446
. On-Street Parking Enforcement - $247,713
. Parks and Recreation - Regional Tournament Support - $51,914
40
20
Economy (continued)
Funded (continued)
Planning, Building and Development - Brownfield Redevelopment
Program - $25,136 .
Roanoke Regional Partnership - $192,175
Roanoke Valley Horse Show - $3,600
Proqram Expansion - $0
Consolidation of Parking Services - $0
Not Funded - $70.000
Downtown Roanoke, Inc.
- "Go Big" Proposal- $40,000
- Cinema Feasibility Analysis - $17,000
Virginia Economic Bridge - $3,000
41
Recommended Fee* Adjustments
*No recommended increase in any local taxes
Fee Title Current Proposed Fee/Rate Incremental Description
Fee/Rate Revenue
Preliminary Building Plan N/A $10% of Building Permit Fee $4.000 Fee for plan
Re,;ew Fee for Other review
Jurisdictions
Campbell Garage - Long $45 $35 $15,700 Alignment of rate
Term Parking (Current
$35 Special
Rate)
Residential Parking Rate N/A Monthly Rates: $47.520 Establishment of a
Campbell Garage - $11.25 residential parking
Center in the Square Garage - rate
$17.50
Church Avenue Garage - $16.25
Elmwood Park Garage - $16.25
Gainsboro Garage - $11.25
Market Garage - $16.25
Tower Garage - $16.25
Warehouse Row Lot15
Market Lot - $17.50
Elmwood Lot - $12.50
Williamson Lot - $13.75 42
Higher Ed Center Lot - $11.25
21
Capital Improvement Program
FY 2012-2016
FY 2012 Capital Projects
(Cash & Debt Funded)
Project Recommended Previously Planned
'Funded through Excess Debt funding
Digital Radio Conversion $2,000,000 $4,108,000
Schools 1,900,000
Parks and Recreation Master Plan 2,700,000
Parks and Recreation Master Plan - Countryside 1,500,000 1,500,000
Stormwater 1m provem ents 1,120,000
Stormwater ManagemenVNPDES 49,820 49,820
Bridge Renovation 1,030,000
Curb, Gutter and Sidewalks 1,000,000
Civic Center Capital Maintenance 750,000
Bridge Maintenance 500,000 500,000
Elmwood Improvements/Performance Area A&E '300,000 1,200,000
Library Master Plan 800,000
VDOT Matching Funds 251,800 251,800
Greenways Matching Funds 200,000 200,000
Center in the Square '300,000 '300,000
YMCA 200,000 200,000
Science Museum '100,000 '100,000
Harrison Museum '100,000 '100,000
TOTALS $10,301,620 $13,009,620
43
44
22
Additional Uses of Excess Debt
Funding
Deer Culling $ 75,000
Grant Cash Match 100,000
Capital Project Contingency 351,608
Total Additional Uses $526,608
-
45
Budget Calendar
.Budaet Public Hearina
· April 28, 2011
· 7:00 p.m. Council Chamber
.Budaet Study
· May 5 and May 6, 2011 (If needed)
.Budaet Adoption
· May 9, 2011
· 2:00 p.m. (Council Chamber)
46
23
, . ,.,
FY 2011-2012
Recommended Budget
April 18, 2011
24
c/I ~olation
IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA,
The 18th day of April, 2011.
No. 39097-041811.
A RESOLUTION recognizing and commending the outstanding
performance of the 2010-2011 Lucy Addison Middle School Lady Bulldogs
Basketball Team.
WHEREAS, the Lady Bulldogs and their Head Coach Brooke Holterman
proudly and excellently represented their school by capturing a Middle School
Championship at Patrick Henry High School on February 25,2011, defeating
the Woodrow Wilson Middle School Eagles;
WHEREAS, team member Myesha Logan raked in more than half of the
points scoring 11 and Qwonneshia Early scored 10. Both ladies pushed the.
Bulldogs to an early lead as the games highest point makers;
WHEREAS, the Lady Bulldogs team is comprised of 15 players -- Imari ,
Hamon, Qwonneshia Early, Sham era Hardy, Dajah Macklin, Shakayla
Andrews, Alexis Preston, Nadjae Stokes, Myesha Logan, Noel Saunders,
Bethany Jones, Niya McCadden, Ashley Davis, Octavia Stephens, Dominique
Thomas and Kaitlyn Shaw; and
WHEREAS, under the leadership of Head Coach Brooke Holterman and
assistant coaches Leah Campbell and Takisha Basham, the Lady Bulldogs
always played with great teamwork, confidence, composure and determination
and reflected great credit on the City of Roanoke finished its season
UNDEFEATED.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that the Council adopts this means of recognizing and commending the
outstanding performance of the 2010-2011 Lucy Addison Middle School Lady
Bulldogs Basketball Team and Coach Brooke Holterman and her assistant
coaches for their victory in the Middle School Championship.
APPROVED
ATTEST:
David A. Bowers
Mayor
~'t'Y).~
Stephanie M. Moon, MMC
City Clerk
Virginia Western Community College Alliance for Excellence Program
Scholarship
On Thursday, February 24, the Alliance for Excellence Program held its
Annual Scholarship Breakfast at the Claude Moore Complex in downtown
Roanoke. In attendance were Mayor Bowers, Council Members Sherman P. Lea,
and Bill Bestpitch, as well as, Brenda Hamilton, Clerk of Circuit Court. Dr. Gloria
Lindsay who has been the head of the local Alliance for Excellence Program and
serves as the Regional Board Chair proudly awarded six scholarships to Crystal
Basham, Mercedes Riley (Bridging the Gap Scholarship); Andre Tucker
(Continental Societies, Inc. Scholarship); Essence Andrews (Mr. and Mrs.
Emmanuel Payne Scholarship); Irene Bethel (Roanoke Tribune Annual
Scholarship); and Felicia Freeman (African American Railroad Heritage Annual
Scholarship). The Alliance for Excellence Program mission is to provide
educational assistance and guidance for African American students focusing on
community college enrollment, retention, graduation, and post-graduation
employment opportunities.
Roanoke City Public Schools
.< :t
Overview - April 2011
No Child left Behind (NClB}
The Seven NeLS I AVP Subs:roups*
1. ALL
2. Black
3. Hispanic
4. White
5. Economically Disadvantaged
6. Limited English Proficient
7. Students with Disabilities
*A \liable subgroup is'50 or more students.
No Child left Behind (NClB}
Federally Mandated Annual Benchmarks
-.......
_r- 6'5'~--r~i~~.--II-~7-~-%~' -or -;:;~-ii-~i%--J, f-.~i~~ T-8~;i---!~~I~-Ji'--~;~-!rib6~- J
_,,_ _.JL-----L----.-J:______l_,,__~ L_-- .._J..-___J!__ __ L____"._L._.___
.63%f57rO 71%, 0 75% 79% .7Q%'~5% 90%':' 95% 0 ,~OO%
.i~.n -r;~~T:-;;~-l' 7~r:l ~;r:T;o~- r"7;n-:I;~;J;~ !;,Qn]
,_____,,_L_t~---J-.-._.~..---.--L. ___ ___ L_________1___1__ __JL____
94%94% -94%
94%
94%
94%
94%94% 94%
94%
11I- - !--~-""ji--~-~o r------j:-- --ii- ------]r-------r--I~-r----l---.-J
G . ; 0 ", i 0..'" ", I, ," h ,c, i . 00 I: 0 ,,'. 0, 1 0 i
f U 0 [' ;5?~ 1.?(7:~< i~.~1'~' .Ii 6l~ I' ,61-% i ,:8q%;,;, _ Ii .~IJ~ I. TBp i TE3E> ': 'fB12
_' I_._.....JL L~_.___,,___I_____J_..__, '--___1_____
The years represented above indicate the AVP report year; AVP report years reference the im mediately
preceding testing year. For exam pie the 11.12 AVP report will be based on dab from the 09.10 testing year.
Assessment Performance
Pass Rates
100%
90%
80%
70%
60%
50%
40% -
30%
20%
10%
0% ~
I~, grS
I- '97~981_ 46~J__ 62~_ L_~S%j
74%
83%
58% I
I
j
'I
I gr3 T gr5 gi"8
49% I 36% RS%
. 0
-78%~-- 57% . 63%
L 88% 87% 75%
77%
'i?~~~ding5 '
1---- ------- if n - --'--I~--~~
! accreditation :: .:i !
! ,I accredlted;1 percent !
i year:, Iii !
~~~
l~
__ I
[. '05-106 ,,1
i" '06-1071
!"I
1
,
'07-108
I
'08-109 i
- _" " I
[n_ :'09-110 ... "1
~
Accreditation
16 of 31 52%
17 of 31 55%
23 of 29 79%
24 of 29 83%
24 of 29 83%
26 of 28 93%
22 of 25 88%
AP Test Participation
PH Fleming Total
166 51 217
412 18 430
879 38 917
Roanoke Vallev Governor's School
1__" _" :1
[-~_9g8=9~~]
1--- ------~
i 2004-05
L....__ ____. ___ ,,___
1- -- - ___n_.___n
2009-10
-Academic focus on Science and Mathematics
,Comprised of7 surrounding school divisions
-Highly selective admission - 273 total students; RtpS has 131
CTE Credentials
Student Certifi cati on s
220 .
i
200 J
f
180 .~"- ., .'-. - - -.-
j
160 ,~--------------,_.-- --~. -------.,,..--..,-----
I
140 -r----..------- -.----------------
120 1------------------.-------
100 L
I
:: r~--==-~~~-=~---.--- --~~--~ =~
40 J
20 t-.II---'..'
0-.-- I
2006-07
2007-08
2008-09
2009-10
2010-11
Reps District Graduation Rate
l__ __~9,94-.?5_]
[~_i999_--()0]
[--_-2904:-~5---- J
I' - ---..--,-----...-- --l
I 2010-11
L. ._ _ _ _. _ .~..._
54.3%
54.6%
56.9%
67.7%
Athletics
High School Participation
P~,.i~k.,H;E!iirV' '^ffii'ra,m~i~~,ing
'08-'09 '09-' 10 '10-'11 '08-'09 '09-' 10 ' 10-' 11
',1'88 ,203:_ ::.2C)O Fall 1:1,6: ~ 14tl- 199',
180 211 202 Winter 199 164 194
;36'8 '~i'4~ 402 vtb " J- ,,- 308 3'93;.
, 335
.
High School Winning Percentage
'PatricM:liferi r.v ,'WlliamFIe,rhing,
.' v ,,' - Y,'
;08-' 09 '09-' 10 '08-' 09 'og-' 10
58% 74% Fall '2'0% 20%
61% 66% Winter 39% 29%
:?~~ 69%' ~pi"_ir.'g 26% ;n~:.,
'':(<'- ".,ft F,. ..-...~,_ - ;
20 High School District Championships since 2008
Fine Arts
Elementary Schools
Middle Schools
High Schools
rMtisi~ .:oom(~l
Ar,1:Jo,om(s)
160f<17
- .
All
PH I WF .-."1
12 of1:1
-All
P~'I WF
~usip PrC'.lgr'am~" VHi Ptogr:arri$
,K~ria~~: RAMS:Hun:;Parlc, qr~l-i~s!ra~Jdl
. Strin,gs:. Fishburn; Faitview.,GardElnCitY, , Ifan.~: M, ','
~~hd: Linc(lln'rerr~c~ . l2hoir:, Madison,Woodrow
. 'Q[~h~Wa;"I!H
'B~n(l: PH; WF
· Choir:, PH"" Wfi 'i/
,
----.-.---~~ ~'_--""-'.----_._-- '--.-- --. _. - -- ....- - .-..- --,-----'.
Plans for 2011-1.2' "hiewVHisites
(S'60;OOOinnew instrumentS)
Explo~jn8opportuility'tO brct;estra: -Add WF
adCl cholr'to3 more schools'
Fine Arts (cont.}
(>:0 Art and music are part of the curriculum for at! students in
grades K~5
- 30 teachers teach fine arts in elementary schools
~:o 107 different fine arts courses are available to students in
grades 6-12 (including FPA and NCTA)
- 69 are performing arts courses
- 38 are visual arts courses
- 33 teachers teach fine arts in middle and high schools
*
0:<> 2941 (47% of all students) are enrolled in fine arts courses
.........
r-;-----,-:-c-,--:---,,,.- '--,,----.-- " '--,.-----------------'---,---l
Count} 42~ 4,11, 441 ,531 4f6 '372 '33i ,2:941
____"~,,.JL_____'_'_.__!__:....__,,_-',___--'---,.__-~___~~2,_.__, ..__,_,__---'~_~,,_,__~J
· A 40% increase since 2004-2005 when 2,101 students were participating
Patrick Henry and Williarn Fleming Projects
Overall Results
Buds:et
Actua I
Variance
$119,200,000
$118,687,510
012A9V
201D-15 Capital Improvement Plan
Progress'to Date
New Constructfon
William Fleming stadium, grounds,
and field house
patrick Henry practice fields and track
remediation
Strategfc In ftfatives
Modular reduction
Grandin Court gymnasium
Gibboney Culinary Arts
Ruffner Professional Development &
Operations Center
Capftal, Maintenance
Roofing projects
STA TUS
Stadium, field house, and grounds are
compl ete
Compl ete
20 removed, 2 added, 14 remain
Compl ete
Compl ete
Compl ete
Capital Maintenance
15 of 15 projects complete
Ruffner
Professional Development and Operations Center
c 50 .
.2
:: 40
E
'^ 30
211IMB
2JIB.-OI
ZIDHti
nIIio-8Ii
ZIIIIP87
llIIJ-4B
ZlIIJ.4D
- 2lID-ID
;zma.n
City V5. State
Reps Funding
80
70
60
20
10
2002-03 2003.04 2004-05
2005-06
ow allll 5Ii:IrJ! Alna.,: IIfItO'S ... Ymr
...-.s ....y....
l::ily l::ily-
.vAl .v.7S .5l.3tI
lft5l lIl2. 5UnI
!iZJiII 6.!N 5U..
!iLJ!I ..... !a4.
!iIlI01 ... 5&2.
lil.B IIi!N . 54.1.
IOL5.1 . IM.7S 5Ii3S
_ __ SlA.
r&31 _ 5iH lIl2.
2006-07 2007-08
2008-09
2009-10
2010-11
~. state funding in,l.dess"lesT"I<
Additional Notables
· Extended the instructional day by 30 minutes
· Switched start times for elementary and secondary
· Opened Forest ParkAc~demy - 257 graduates in 2 years
· Implemented and enhanced middie school honors programs
· Adopted a 10 point grading scale
· CCAP (agreement with Virginia Western)- 86 accepted in 2 yrs
· Outsourced transportation to Mountain Valley
Reps Transportation
Privatization Savings
Each Year
Cumulative
To Date
Operational Savings:
$250,000
$500,000
Bus Purchase Savings:
(15 buses per year @$85,OOO)
$1,275,000
$2,550,000
TOTAL SAVINGS:
$1,525,000
$3,050,000
Additional' Notables (cont.}
· Certificate of Achievement for Excellence in Financial Reporting
· I ntegrated Accounting / HR / Payroll System (Aptafund)
· I mplemented new attendance zones
· Division wide equity policy-and equity reports
· Environmental focus school- Fishburn Park Elementary
· 1st Place Winner VSBA Greens School Challenge
· Taubman Museum afArt cooperative agreement
· School and division' level balanced scorecards
I
ROANOKE CITY PUBLIC SCHOOLS. . BALANCED SCORECARD
FISCAL YEAR 2009.2010
On the Horizon
1. Budget
2. Pay-far-Performance
3. VHSL
", 1'1 I" Ii,
\\\ N '"
,,\ ......cE. H~/A~'"
" \~' " ,..... '''7^'''...
, '\"-. " :-I' ,-... ...
~ ~ ,'N01/lo-?' ....1'-:.
2 ;:f :' p\.l6\"\C ", -" ~
= ;::::#332.964 :'" ,=
= : ?,~G. ~~\Ss\a~ : ~ =
=*: t/.'i~ca 0 S :~::
-:. '. P\l' .. ?J; ...,
-:. c;.. ". 1 11 .' (f ::
',~ -.. ... ~ ,....
...~~ ,.. ... . \)~ ,'"
I ", VNWEAl\\\ \,'
, , "J.' 1.}.~~~___________
---------------------------------------------------------- ~.I-Ht_t_++
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
CITY OF ROANOKE-City Clerk's Office
Municipal Bldg Rm 456
Roanoke VA 24011
Reference: 10154151
12586626 NPH-Citizen Comment
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn & subscribed before me this
~ day of April 2011. Witness my hand
~ISeal.
I ~+ ry~otartPUb;iC
1/'
PUBLISHED ON: 04/08
TOTAL COST:
FILED ON:
320.81
4/11/2011
Authorized
Signature:
I
I
I
I
I
I
I
I
I
I
I
I The Council will. hold a public hearing to receive the views of
I citizens regarding appointment of Roanoke City School Board
I Trustees at its regular meeting on Monday, April 18; 2011, at
I 7:00 p.m., or as soon thereafter as the matter maybe heard, in
I 'the Roanoke City Council Chamber. .
I
I
I
I
I
I
I
I
NOTICE OF PUBLIC HEARING FOR
ROANOKE CITY SCHOOL BOARD TRUSTEES
The Council will elect two School Board Trustees for three-
year terms of offic'e comljl1encing July 1,2011, at a regular
meeting to be held on Monday, May 2, 2011, at 2:00 p.m., or
as soon thereafter as the matter may be heard, in the'Roanoke
City Council Chamber.
If you area person with a disabilitywho needs accommodations
for the public hearing, please contact the City Clerk's Office at
853-2541, by Wednesday, April14i 2011
I
Stephanie M. Moon, MMC
City Clerk
, Billing Services Representative
....
~~
NOTICE OF PUBLIC HEARING
FOR ROANOKE CITY SCHOOL BOARD TRUSTEES
The Council will hold a public hearing to receive the views of citizens regarding
appointment of Roanoke City School Board Trustees at its regular meeting on Monday,
April 18, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Roanoke City Council Chamber.
The Council will elect two School Board Trustees for three-year terms of office
commencing July 1, 2011, at a regular meeting to be held on Monday, May 2, 2011, at
2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council
Chamber.
If you are a person with. a disability who needs accommodations for the public
hearing, please contact the City Clerk's Office at 853-2541 , by Wednesday, April 14, 2011.
Stephanie M. Moon, MMC
City Clerk
NOTE TO PUBLISHER:
Publish in full once in The Roanoke Times on Friday, April 8, 2011
BLOCK STYLE. (2" X 4") Do not use the City's Logo.
Send publisher's affidavit and
bill to:
Stephanie M. Moon, MMC, City Clerk
Room 456, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
540/853-2541
K:\Notices\2011\April\NPH-Citizen Comment School Board.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: cIerk@roanokeva.gov
JONATHAN E. CRAFf
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
April 19, 2011
CECELIA T. WEBB
Assistant Deputy City Clerk
Douglas C. Waters, Manager
Market Building GP, LLC
Market Building Partners, LP
204 S. Jefferson Street, Suite 9
Roanoke, Virginia 24011
Dear Mr. Waters:
I am enclosing copy of Ordinance No. 39098-041811 accepting the bid of Market
Building Partners, LP, and authorizing a Lease Extension Agreement between the City
of Roanoke, Virginia, and Lessee, for the extension of an existing lease of property
known as the historic City Market Building located at 32 Market Square, S. E., Roanoke,
Virginia; authorizing the City Manager to execute such Lease Extension Agreement and
related documents; authorizing the City Manager to take such further actions and
execute such further documents as may be necessary to implement, administer, and
enforce such Lease Extension Agreement as well as the original Lease Agreement.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 18, 2011, and is in full force and effect upon its
passage.
Sincerely,
~'rY). M\)~
Stephanie M. Moon, MMC l .
City Clerk
Enclosure
pc: Harwell S. Darby, Jr., Counsel, Market Building Foundation, Glenn, Feldmann,
Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
/-11.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of April. 2011.
No. 39098-041811.
AN ORDINANCE accepting the bid of Market Building Partners, LP, (Lessee) and
authorizing a Lease Extension Agreement between the City of Roanoke, Virginia (City), and
Lessee, for the extension of an existing lease of property known as the historic City Market
Building located at 32 Market Square, S.E., Roanoke, Virginia, (Premises); authorizing the City
Manager to execute such Lease Extension Agreement and related documents; authorizing the
City Manager to take such further actions and execute such further documents as may be
necessary to implement, administer, and enforce such Lease Extension Agreement as well as the
original Lease Agreement; noting that one bid was received; and dispensing with the second
reading by title ofthis Ordinance.
WHEREAS, an original Lease Agreement dated October 29,2010, between the City and
Market Building Partners, LP, (Lease Agreement) was authorized by Ordinance No. 38986-
101810, adopted on October 18, 2010, and was for a 40 year term starting on October 19,2010;
WHEREAS, financing for the renovation and repairs of the historic City Market Building
requires a lease greater than 39-112 years from the time the Premises is placed into service;
WHEREAS, the Premises is expected to be placed into service during 2011, which will
require that the term of the original Lease Agreement be adjusted;
WHEREAS, the City has, by advertisement published once a week for two successive
weeks in a paper of general circulation published in the City, publicly invited bids for the
execution of a Lease Extension Agreement for the Premises;
O-Lease Extension-final.doc
1
WHEREAS, one bid for the Lease Extension Agreement was received pursuant to the
advertisement and was publicly opened at the Council meeting held on April 18, 2011;
WHEREAS, City Council heid a public hearing on such matter at its meeting on Monday,
April 18, 2011, at which time all persons were accorded a full and fair opportunity to comment
. on such matter; and
WHEREAS, the most responsive and responsible bid made to the City was deemed to be
therbid of Market Building Partners, LP (Lessee) to execute a Lease Extension Agreement for the
Premises and to extend the existing Lease Agreement from October 19, 2010, to a. date
approximately seven (7) days prior to the date when the Premises is anticipated to be placed into
service (Extended Commencement Date), which is to be determined, and then the term of the
Lease Agreement to be from the Extended Commencement Date for a period 40 years thereafter,
and to be otherwise upon the same terms and conditions of the existing Lease Agreement
between the City and Market Building Partners, LP.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Lessee to execute a Lease Extension Agreement which will extend the
Lease of the Premises from October 19, 2010 (Original Commencement Date) to the Extended
Commencement Date, which is to be determined, and then commencing on the Extended
Commencement Date for a period of 40 years thereafter, is hereby accepted with all other terms
and conditions of the existing Lease Agreement to remain unchanged and in full force and effect.
2. The City Manager is hereby authorized, for and on behalf of the City, to execute a
written Lease Extension Agreement between the City and Lessee for the Premises, in a form
approved by the City Attorney, and on the terms set forth above, all as set forth in the City
Manager's report to Council dated April18, 2011.
O-Lease Extension-finaLdoc
2
3. The City Manager is authorized to take such further actions and to execute such
further documents as may be necessary to implement, administer, and enforce such Lease
Extension Agreement, as well as the original Lease Agreement, and any such other documents
relating to the Premises and/or the Project for the Premises.
4. The City Attorney is authoriied to record or cause to be recorded the Lease
Extension Agreement in the Clerk's Office for the Circuit Court of the City of Roanoke.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
6. This Ordinance is effective as of the date of its passage.
ATTEST:
~~.~~
O-Lease Extension-fina1.doc
3
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
April 18, 2011
Lease Extension of City Market Building to Market Building
Partners, LP
Background:
By adoption of Ordinance No.38986-1 0181 0 on October 18, 2010, City Council
authorized the execution of a Lease Agreement dated October 29, 2010,
("Lease Agreement") of the City Market Building property ("Market Building")
between the City of Roanoke and Market Building Partners, LP, for a forty year
term in order for Market Building Partners, LP, to renovate, repair, lease, and
operate the Market Building. As Market Building Partners, LP, is utilizing state
and federal historic rehabilitation tax credits to support the renovation and
rehabilitation of the Market Building, such funding requires a Lease term of
greater than 39 ~ years from the time the renovation is completed and the
building is placed back into service by issuqnce of a Certificate of Occupancy.
As the building is expected to be put back ,into service in late spring, it is
necessary to amend the Lease Agreement so that the Lease will have a term
sufficient in length to satisfy the requirements of the historic rehabilitation tax
credit financing. All other terms and conditions of the Lease Agreement will
remain in full force and effect.
Considerations:
.since the Lease Agreement, including the proposed extension, involves a period
of more than five years duration, the applicable provisions of the Code of
Virginia require an invitation to receive bids, for such extension and a pu blic
hearing on the matter. An Invitation to Bid and Notice of Public Hearing was
duly advertised in the Roanoke Times on April 3 and 10,2011. Bids were to be
submitted to the City Clerk on or before Noon, 12 p.m., local time, on Monday,
April 18, 2011, and held unopened until being publicly opened and read aloud
at the City Council's April 18, 2011, 2:00 p.m. meeting in accordance with
Section 15.2-2102 of the Code of Virginia (1950), as amended.
One written bid to extend the Lease Agreement was received by the City Clerk
on or before Noon, 12 p.m., April 18, 2011. This bid was opened and read
aloud at the 2:00 p.m. session of City Council on April 18, 2011. The bid was
from Market Building Partners, LP, by its general partner Market Building GP,
LLC., which is the entity which holds the existing lease on the Market Building.
In its submitted bid, Market Building Partners, LP, agrees to enter into the Lease
Authorize the City Attorney to record or cause to be recorded the Lease
Extension Agreement in the Clerk's Office for the Circuit Court of the City of
Roanoke.
CHRISTOPHER P. MORRILL
City Manager
Attachment
Distribution:
Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Douglas C. Waters, Manager, Market Building GP, LLC
Harwell S. Darby, Jr. Counsel, Market Building Foundation
3
DRAFT - 4/18/11
LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT is entered into as of the _ day of
, 2011.
WHEREAS, by Lease Agreement dated October 19, 2010 ("Lease Agreement")
between the CITY OF ROANOKE, VIRGINIA ("City" or "Lessor") and MARKET
BUILDING PARTNERS, LP ("Lessee"), a limited partnership organized under the laws of
the Commonwealth of Virginia, the City agreed to lease to Lessee for 40 years the building
commonly known as the historic City Market Building, located at 32 Market Square, SE,
Roanoke, Virginia (the "Premises"); and
WHEREAS, pursuant to the Lease Agreement, Lessee entered into a contract for the
financing of renovations to the Premises; and
WHEREAS, the financing arrangements entered into by Lessee require a lease greater
than 39-1/2 years from the time renovations are completed to the Premises; and
WHEREAS, the City and Lessee desire to renew the Lease Agreement so that it will
again have a full 40 year term.
THEREFORE, IN CONSIDERATION of the above matters, and other good and
valuable consideration, the receipt of which is hereby acknowledged, the City and Lessee
mutually agree as follows:
SECTION 1. REVISIONS TO LEASE AGREEMENT DATED OCTOBER 19.
2010.
The parties hereby agree that the following reVISIOns are applicable to the Lease
Agreement dated October 19,2010, between the parties:
A. There is hereby added to the Definitions section of the Lease Agreement a new
definition to read as follows:
1
7965/27/3561278v3
"Extended Commencement Date" shall be the date of
, 2011, which is approximately seven days prior to the date
when the Premises is anticipated to be placed into service.
B. The definition of "Term" in the Definitions section of the Lease Agreement is
hereby amended to read as follows:
"Term" shall mean that the term of this Lease Agreement shall continue,
but shall be extended by updating the Commencement Date of October 19, 2010,
to the Extended Commencement Date of , 2011, and then
for 40 years thereafter commencing on , 2011, and shall
terminate at midnight on the 40th anniversary thereafter, which will be
, 2051.
C. Notwithstanding anything else in the Lease Agreement or the Lease Extension
Agreement, the parties agree that the intent of the Lease Extension Agreement is
that the references to "Term" in the Lease Agreement shall be that the Lease
Extension Agreement has the effect of having the Lease Agreement be for a
period of 40 years from the Extended Commencement Date, from
,2011, to ,2051, so that such period will
meet the financing requirements for the renovation and repairs of the historic City
Market Building.
SECTION 2. CONTINUATION OF THE TERMS AND CONDITIONS OF THE
LEASE AGREEMENT.
Except as changed or modified herein by this Lease Extension Agreement, the conditions,
terms and obligations of the Lease Agreement shall, and do, remain in full force and
effect as if fully stated herein.
Signature page following
2
7965/27/3561278v3
IN WITNESS WHEREOF, the parties hereto have executed this Lease Extension
Agreement by their authorized representatives as of the day and year hereinabove written.
ATTEST:
CITY OF ROANOKE, VIRGINIA
Stephanie M.Moon, City Clerk
By
Name: Christopher P. Morrill
Title: City Manager
r
WITNESS:
MARKET BUILDING PARTNERS, LP,
By Market Building GP, LLC, its general
partner
By:
Name:
Title:
Douglas C. Waters
Manager
Printed Name and Title
Approved as to Form:
City Attorney
Approved as to Execution:
City Attorney
Authorized by Ordinance No.:
3
7965/27/3561278v3
The Roanoke Time s 'ADVERTISEMENT FOR1j2010' until a d ate CHAMBER ON APRil 1B,\
; , approximately seven (7) 2011. All bids received
Roanoke, vi rg ini a I INVITATION FOR BIDS ~ays before,the Premises will be held by the City
f f . d . c 'IS placed Into service Clerk, unopened, until
A l aVlt of Publication -. AND lafter being renovated 2:00p.m. local time on
I ( the "E x ten d e d April 18, 2011, at wh ich
NOTICE OF PUBLIC Icommencement Date"), t i met hey will be
The Roanoke Times HEARING which Is to be delivered to the Council
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ i 'd e t ~ r ~ i n ed, a. n d Chamber, Room .450, I
- - - - - - - - - - - - - - - - Before The Council of-terminating at midnight Noel C. Taylor MUnicipal I
I the City of Roanoke For on a date forty (40) years Building, 215 Church
Execution of a lease Ifrom the Extended Avenue, SW, Roanoke,
STE PHANI EM. MOON I Extension Agreement to Commencement Date, Virginia, 24011, and
I an Existing lease of the with the other terms of thereafter be publicly
CITY OF ROANOKE CLERK I S OFFICE City-owned historic City the existing lease dated opened and read aloud in
215 CHURCH AVE SW RM 456 iMarketBuildinglocated.October19,2010,toaccordancewlth!i
'at32MarketSquare,SE remain In full force and 15.2-2102, Code of
NOEL C. TAY.LOR MUNICIPAL BLDG. I The City of Roanoke, effect. ' Virginia (1950), as
Virginia ("City") hereby If the City elects to amended.
ROANOKE VA 24011 ,gives notice that it is award a lease Extension The City reserves the
:seeklng bids from! Agreement, City Council right to cancel this
: qualified bidders to enter' will be requested to Invitation for Bids and/or
I into a lease Extension, a do pt an ord i n a n ce reject any and all bids, to
i Agreement with the City' gra~ting ~uch an aw~rd waive an~ in~ormality or
Ifor an existing lease of which Will authOrize Irregularity In the bids
the historic City Market execution of such an received, and to accept
i Building, located at 32. Agreement. A copy of the bid which is deemed
; Market Sq ua re, SE, th e fu II text of the to be in the best interest
Roanoke, Virginia (the proposed ordinance, a of the City.
; "Premises"). The lease pro p 0 sed lea s e The entity to whom, any
I extension period will be Extension Agreement, le a seE x ten s Ion
:f,or a period equal to the and the original lease Agreement may be
( t h d d) h' . period :from,October 19' Agreement dated October awarded shall reimburse
e un ersigne an aut orlzed representatlve'-, ,.C,' , 19,2010, are on file and the City for the costs of
the Times-World Corporation which corp t" I maybereviewedlnlheanyadvertisementsfor
,or a l 0 n Office of the City Clerk, this matter.
is publisher of the Roanoke Times a daily I Room456NoelC.Taylor Pursuant to the
b 1 .. . ' Municipal Building, 215 requirements of Virginia
newspaper pu l shed In Roanoke, In the State of I Church Avenue, SW, Code!i!i 15.2-2100 et
Virginia, do certify that the annexed notice was I ~~:n~~~,~:~~i~i~~~~~s1~ :~~~t~~~if:el~o~~~~~
published in said newspapers on the following I have a copY,of thetheCityofRoano~ewill
da tes : necessary bid form hold a public hearing on
I available. the above matter or
I Any interested .party is Monday, April 18, 2011.
invited to submit a at 7:00 p.m. local time.
I written bid for the lease or as soon thereafter a!
Extension Agreement as the matter may be. heard.
I set forth above. Each in the Council Chamber
bidder shall submit at a Room 450, Noel C.Taylol
I minimum the following Municipal Building, 21E
I information: Church Avenue, SW
1.A completed bid form. Roanoke, Virginia. Fo
I 2.The bidder's proposed further Inform;!ltlon or
terms for the proposed this matter, you ma~
I lea seE x ten s Ion contact the Office of thl
I Agreement. City Clerk at (540
3.T h e bid d e r ' s 853-2541.
I commitment to comply A II par tie s ,a n ,
with the terms of the interested citizens ma
I lor I gin a I lea s e appear on the above dati
I 'Agreement, as ext,ended and be heard on thl
'by the lease Extension matter. If you are"
I 'Agreement. person who need
4.Any changes requested accommodations for thi
I in the proposed lease hearing,please contac
Extension Agreement. the City Clerk's Office a
I 5.Such other information (540) 853-2541 befor
I as the .bidder deems 12:00 noon on th
appropriate.. 'Thursday before the dat
I 6;Each bidder is to of the hearing Iiste
com ply wit h t. h e above.
I pro vis ion S' 0 f Given under my han
I !i2.2-4311.2, Code of this 30th day of Marct
Virginia (1950), as 2011.
I amended, and include In Stephanie M. Mool
, its bid response the City Cle.
I Identification Number
I issued to it by the (12587741)'
Virginia State Corporation
I I Commission (SCC) or
state why it isnot
I required to be registered
with the SCC.
Bids are to be
submitted in sealed
envelopes or containers
addr,essed'to the City
i Clerk at the address
: noted above on or before
: noon, local time, Monday, I
Billing Services :.APril18, 201.1. The'lve
: outside of the bid
I. envelope shouldbe'l
, marked asJollows: "BIOI
I FOR EXECUTION OF A
I lEA SEE X TEN S,I 0 N
I AGREEMENT TO AN
I EXISTING lEASE OF THE.
: CITY-OWNED HISTORIC
. MARKET BUilDING
. lOCATED AT 32 MARKET
: SQUARE, SE, TO BE
I OPENED AT THE CITY
COUNCil MEETING HELD
, I NTH E C 0 U N c" 't!
REFERENCE:
32143302
12587741
Bldg Bids
NPH-Market
State of Virginia
City of Roanoke
I,
of
City/County of Roanoke, Commonwealth/State of
ViLr'fJ#,ia. Sworn and subscribed before me this
__ L___day of APRIL 2011. Witness my hand and
official seal.
v-:
-f~-fl
Notary Public
PUBLISHED ON:
04/03
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TOTAL COST:
FILED ON:
1,759.04
04/10/11
- - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - --
~
Authorized ~
Signature: \'11
p:\.
ADVERTISEMENT FOR INVITATION FOR BIDS
AND
NOTICE OF PUBLIC HEARING
Before The Counci10fthe City of Roanoke For Execution of a Lease Extension Agreement to an
Existing Lease ofthe City-owned historic City Market Building Located at
32 Market Square, SE
The City of Roanoke, Virginia ("City") hereby gives notice that it is seeking bids from
qualified bidders to enter into a Lease Extension Agreement with the City for an existing lease of
the historic City Market Building, located at 32 Market. Square, SE, Roanoke, Virginia (the
"Premises"). The lease extension period will be for a period equal to the period from October
19, 2010, until a date approximately seven (7) days before the Premises is placed into service
after being renovated (the "Extended Commencement Date"), which is to be determined, and
terminating at midnight on a date forty (40) years from the Extended Commencement Date, with
the other terms of the existing lease dated October 19, 201 0, to remain in full force and effect.
If the City elects to award a Lease Extension Agreement, City Council will be requested
to adopt an ordinance granting such an award which will authorize execution of such an
Agreement. A copy of the full text of the proposed ordinance, a proposed Lease Extension
Agreement, and the original Lease Agreement dated October 19, 2010, are on file and may be
reviewed in the Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building, 215
Church Avenue, SW, Roanoke, Virginia 24011. The City Clerk will also have a copy of the
necessary bid form available.
Any interested party is invited to submit a written bid for the Lease Extension Agreement
as set forth above. Each bidder shall submit at a minimum the following information:
1. A completed bid form.
2. The bidder's proposed terms for the proposed Lease Extension Agreement.
1
7965/27 /3562278v 1
3. The bidder's commitment to comply with the terms of the original Lease Agreement,
as extended by the Lease Extension Agreement.
4. Any changes requested in the proposed Lease Extension Agreement.
5. Such other information as the bidder deems appropriate.
6. Each bidder is to comply with the provisions of ~2.2-4311.2, Code of Virginia
(1950), as amended, and include in its bid response the Identification Number issued
to it by the Virginia State Corporation Commission (SCC) or state why it is not
required to be registered with theSCC.
Bids are to be submitted in sealed envelopes or containers addressed to the City Clerk at
the address noted above on or before noon, local time, Monday, April 18, 2011. The outside of
the bid envelope should be marked as follows: "BID FOR EXECUTION OF A LEASE
EXTENSION AGREEMENT TO AN EXISTING LEASE OF THE CITY -OWNED HISTORIC
MARKET BUILDING LOCATED AT 32 MARKET SQUARE, SE,TO BE OPENED AT THE
CITY COUNCIL MEETING HELD IN THE COUNCIL CHAMBER ON APRIL 18,2011. All
bids received will be held by the City Clerk, unopened, until 2:00 p.rn. local time on April 18,
2011, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011, ~d thereafter be
publicly opened and read aloud in accordance with ~ 15.2-2102, Code of Virginia (1950), as
amended.
The City reserves the right to cancel this Invitation for Bids and/or reject any and all bids,
to waive any informality or irregularity in the bids received, and to accept the bid which is
deemed to be in the best interest ofthe City.
2
7965/27 /3562278v 1
The entity to whom any Lease Extension Agreement may be awarded shall reimburse the
City for the costs of any advertisements for this matter.
Pursuant to the requirements of Virginia Code 99 15.2-2100 et seq., notice is hereby
given that the Council of the City of Roanoke will hold a public hearing on the above matter on
Monday, April 18, 2011, at 7:00 p.m. local time, or as soon thereafter as the matter may be
heard, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, SW, Roanoke, Virginia. For further information on this matter, you may contact the
Office of the City Clerk at (540) 853-2541.
All parties and interested citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the City
Clerk's Office at (540) 853-2541 before 12:00 noon on the Thursday before the date of the
hearing listed above.
Given under my hand this 30th day of March
, 2011.
Stephanie M. Moon, City Clerk
Note to Publisher:
Please publish twice in The Roanoke Times, Legal Notices; once on April 3, 2011, and once on
April 10, 2011.
Send Publisher's Affidavit, and Bill to:
Stephanie M. Moon, City Clerk
456 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
3
7965/27/3562278vl
LEASE AGREEMENT
between
THE CITY OF ROANOKE, VIRGINIA
and
MARKET BUILDING PARTNERS, LP
7965/27/.3463105vl
Execution Version
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated on October 19, 2010 (this "Lease"), is made
between the CITY OF ROANOKE, VIRGINIA ("Lessor"), and MARKET BUILDING
PARTNERS, LP ("Lessee") (collectively, the "Parties").
WHEREAS, Lessor is the owner of the historic City Market Building, located at 32
Market Square, S.E., Roanoke, Virginia; and
WHEREAS, the City Market Building was closed on September 5, 2010, so that it may
be renovated and then re-leased for commercial use consistent with the overall development plan
for Downtown Roanoke; and
WHEREAS, Council for the City of Roanoke (City Council), pursuant to Virginia Code
@ 15.2-2100 et seq., publicly invited bids for the renovation and leasing of the City Market
Building, and properly advertised an ordinance proposing to grant this Lease; and
WHEREAS, City Council received one (1) qualified bid and selected Lessee to perform
the renovation and leasing of the City Market Building, through the adoption of Ordinance
Number 38986-101810, adopted on October 18, 2010, and
WHEREAS, it is contemplated that Lessee will undertake the historical renovation of the
City Market Building by accepting an assignment from the City of the Construction Contracts as
herein defined, and that Lessee will provide the funds necessary for such historic renovation of
the City Market Building (the "Proiect"); and
WHEREAS, in order to consummate the Project, the Lessee desires to lease the Project
from the Lessor; and
WHEREAS, the Lessor has agreed to lease the Project to the Lessee, upon the terms and
conditions provided for herein; and
WHEREAS, pursuant to a Buy-out Option executed by the Parties of even date herewith,
the Lessor has an option to buyout and terminate this Lease (the "Citv Option");
NOW, THEREFORE, in consideration of the mutual promises provided for herein, as
well as other consideration, the receipt and adequacy of which is hereby acknowledged, the
Parties do agree as follows:
1
7965/27/3463105vl
DEFINITIONS
Capitalized terms not otherwise defined herein shall have the following meanings:
"Casualty" shall occur if the Premises or any part thereof is damaged or destroyed by fire,
flood or other risk normally covered by insurance.
"Code" means the Internal Revenue Code of 1986, as amended, and any treasury
regulations or published rulings and procedures promulgated thereunder.
"Commencement Date" shall be as of October 19,2010.
"Compensation" shall mean all awards, compensations and Insurance payments on
account of any Condemnation or Casualty.
"Condemnation" shall occur if the use, occupancy or title of the Premises or any part
thereof is taken, requisitioned or sold in, by or on account of any actual or threatened eminent
domain proceeding or other action by any person having the power of eminent domain.
"Construction Contracts" shall mean, collectively, (1) the construction contract dated
June 22, 2010, between the City and Martin Bros. Contractors, Incorporated (d/b/a MB
Contractors, Inc.) (as amended); (2) the architectural and engineering contract for professional
services dated January 29, 2009, between the City and Cunningham+Quill Architects, PLLC, as
amended (the "A&E Contract"); (3) the environmental inspection and testing services contract
dated September 9, 2010, between the City and ECS - Mid-Atlantic, LLC; (4) the contract for
LEED commissioning services dated April 19, 2010 between the City and 2rw Consultants, Inc.;
(5) the contract for architectural historian services dated November 3, 2009, between the City
and Hill Studio, P.C, (as amended) and (6) any other associated expenses incurred by the City
related to services to be provided to the Project.
"Construction Term" shall mean the term beginning as of June 22, 2010, and ending on
the later of May 31, 2011, or the earliest date on which a certificate of occupancy is issued for
the Premises.
"Event of Default" shall have the meaning provided for in Section 7.01(a).
"Environmental Laws" shall have the meaning provided for in Section 5.05(a)(i).
"FEMA" shall mean the Federal Emergency Management Agency.
"Governmental Unit" shall have the meaning provided for in Section 5.05(a)(iii).
"lmprovements" shall be defined collectively as all additions, changes, demolition and
other such work undertaken by the Lessee in the Project.
"Indemnified Parties" shall 'Pean Lessor, any official, director or employee of Lessor, as
well as those of their respective agents and employees who are working on or related to the
Premises or the Project.
2
796S/27/346310Svl
"Legal Requirements" shall mean all laws, ordinances and regulations and other
governmental rules, orders and determinations presently in effect or hereafter enacted, made or
issued, whether or not presently contemplated applicable to the Premises or the ownership,
operation, use or possession thereof and (including by way of speculation and not of limitation)
any leasehold taxes.
"Lessee" shall mean Market Building Partners, LP.
"Lessor" shall mean the City of Roanoke, Virginia.
"Net Proceeds" shall have the meaning provided for in Section 6.01 (b).
"Parties" shall mean the Lessor and the Lessee, collectively.
"Premises" shall mean the City Market Building, including the surrounding sidewalks,
located at 32 Market Square, S.B., Roanoke, Virginia, as more particularly described on
Schedule A hereto, which is made a part hereof.
"Regulated Substances" shall have the meaning provided for in Section 5.05(a)(ii).
"Restoration Cost" shall be the maximum cost, agreed upon by the Lessee and Lessor, of
rebuilding, replacement, or repair of the Premises after Condemnation or Casualty.
"Rent" shall mean $1.00 per year.
"Severable Property" shall mean any items of personal property, as defined under
Virginia law.
"Term" shall mean the period of time running from the Commencement Date until the
fortieth anniversary hereof.
ARTICLE [
Section 1.01. Lease of Premises; Title and Condition. In consideration of the rents and
covenants herein stipulated to be paid and performed by Lessee and upon the terms and
conditions herein specified, Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, the Premises. The Premises are leased to Lessee in their present condition without
representation or warranty by Lessor and subject to the existing state oftitIe, and to all applicable
Legal Requirements now or hereafter in effect. Lessee has examined the Premises and has found
all of the same satisfactory for all purposes.
Section 1.02. Sublease and Use. The Parties acknowledge and anticipate that Lessee,
after completion of the renovation, may sublease the entire completed Premises to a sublessee
under a master sublease in order to facilitate any tax credit financing that Lessee may utilize.
Furthermore, Lessor acknowledges and anticipates that such a sublessee, may in turn master
sublease the entire Premises to yet another master sublessee, which will ultimately manage the
Premises through yet other subleases for specific space within the Premises. Any and all
subleases shall require compliance with the applicable temis of this Lease, including Section
3
796S/27/346310Sv2
1.02. The Lessor acknowledges the potential existence of such subleases and agrees to honor the
terms of such valid subleases. Lessor agrees to enter into such reasonable non-disturbance,
subordination and attornment agreements as may be requested by any valid sublessee and/or its
lender.
During the Construction Term Lessee shall use the Premises for the sole purpose of
undertaking the renovation thereof in conformity with the requirements of Section 2.02.
After the Construction Term, the Lessee shall operate and manage, or cause to be
operated and managed, the Premises as a public place, which may include appropriate retail
sales, restaurant and food court vendors, and an area for public and private assemblies and
gatherings. Lessee will endeavor to sublease the Premises, or cause the Premises to be subleased
by a master subtenant(s), to a variety of tenants operating locally and regionally-based businesses
(meaning based in the City of Roanoke, Roanoke County or a contiguous 10cality)("lntended
Tenants"), but in the event that Lessee (or its master subtenant(s)) is not able to identify Intended
Tenants that, in Lessee's opinion (or the opinion of its master subtenant(s)), are financially able
to enter into subleases for reasonable terms as determined by Lessee (or its master subtenant(s)),
then Lessee (or its master subtenant(s)) may sublease the Premises to other businesses, giving
preference to state and then national businesses, in that order. The Lessee (or its master
subtenant(s)) shall not use the Premises for any other purpose without first obtaining the written
consent of the Lessor, which consent Lessor agrees to not unreasonably withhold. After
completion of the renovation, Lessee (or its master subtenant(s)) agrees to keep the Premises
open to the public as many hours of the day and as many days of the week as the Lessee (or its
master subtenant(s)) deems to be commercially reasonable for the successful operation of the
Premises as a whole.
For purposes of this Lease, any tenant that occupied the Premises as of July 1, 2010, who
was not in default and was current on all rental payments as of September 4, 2010, shall be
deemed to be an Intended Tenant ("Prior Intended Tenants"). Lessor will provide to Lessee the
identity of and contact information for each of these Prior Intended Tenants on or before
November 1,201 O. Lessee agrees to provide, prior to offering spaces to other potential tenants, a
notice to any such tenant that it shall have an Option of First Offer ("Option") to sublease from
Lessee a similar space in the renovated Premises. The Lessee's notice shall provide that, in order
to exercise such Option, the tenant shall provide written notice to Lessee of tenant's intent to
lease such similar space within 30 consecutive calendar days of receipt of the Lessee's notice..
The tenant's failure to provide Lessee with a timely written notice shall result in the tenant's
forfeiture of the Option. On receipt of the tenant's written notice, Lessee will provide the tenant
with a form sublease containing terms and conditions acceptable to Lessee and shall thereafter,
for a period of forty-five (45) consecutive calendar days, attempt to enter into a new sublease
with the tenant. If Lessee and the tenant are not able to successfully negotiate and execute a new
sublease on or before the end of the forty-five (45) day period, then that tenant's Option of First
Offer shall automatically expire and be null and void, unless the Lessee and tenant mutually
agree to extend such time period.
Lessee shall offer to a Prior Intended Tenant that exercises the Option, as part of an
executed sublease agreement, an amount of build-out assistance of up to the following amounts,
subject to available project funds:
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Retail I Non-Food Service Businesses
$15,000
$35,000
Food Service Businesses
All such build-out assistance shall be expended only on or for items andlor improvements
that shall remain on the property of the Lessor upon the termination of any sublease, and may not
be used for the acquisition of any personal property of the Prior Intended Tenant. Lessee shall
have the sole discretion to negotiate in good faith with Prior Intended Tenants that exercise the
Option, to substitute terms and conditions of a sublease agreement that may be of equivalent
value and/or benefit to the tenant as the build-out assistance described above.
Section 1.03. Term. This Lease shall run for the Term, unless terminated by the City
Option or by law, or extended by mutual written agreement of the Parties.
Section 1.04. Rent. Unless an Event of Default is occurring, Lessee shall pay no rent
during the Construction Term. During the portion of the Term not constituting the Construction
Term, or if an Event of Default occurs and is continuing during the Construction Term, Lessee
shall pay to Lessor, in immediately available funds without prior notice or demand, the Rent. If
Rent is paid annually, Rent shall be due no later than the 1st day of June of each year of the
Term. If Rent is to be paid quarterly, Rent payments shall be paid in advance of the first day of
each calendar quarter for the Term.
Each rent payment shall be paid in lawful money of the United States of America. Rent
shall be paid to Lessor as set forth in writing by Lessor to Lessee, or to such other person as
Lessor from time to time may designate. Lessor shall give Lessee not less than fifteen (15) days'
notice in writing of any change in the address to which such payments are to be made.
ARTICLE II
Section 2.01. Maintenance, Repair and Utilities.
(a) Lessee shall be liable for and shall repair or restore any loss or damage of
the Premises caused by the negligence or intentional acts of Lessee; by the negligence or
intentional acts of its guests, invitees, agents, employees, or representatives; or by
vandalism, malicious mischief, or any risk normally covered by insurance.
(b) Lessee shall pay all utilities related to the Premises.
Section 2.02. Construction. Lessee shall make Improvements and otherwise undertake
the Project as described in and subject to all terms of the Construction Contracts, which are
incorporated herein as if fully restated. To the extent the City makes any payments under these
contracts prior to their assignment to Lessee, Lessee will reimburse the City for those payments.
Lessee further warrants as follows:
(a) In no event shall the fair market value, the utility, the square footage or the
useful life of the Premises be lessened by the Project;
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(b) The Project shall be expeditiously completed in a good and workmanlike
manner during the Construction Term, in compliance with all applicable Legal
Requirements and the requirements of all insurance policies required to be maintained by
Lessee hereunder.
(c) The Project shall be. performed in accordance with the Interior
Department's "Standard for Rehabilitation" and the terms and approvals of the National
Park Service and the Virginia Department of Historic Resources;
(d) Lessee shall furnish Lessor with such surety bonds or other security
acceptable to Lessor as shall be necessary in Lessor's opinion to assure rebuilding of such
Improvements; and
(e) All additions and alterations, rehabilitation, renovations and repairs of the
Premises, except for Severable Property, without consideration by Lessor, shall be and
remain part of the Premises and the property of Lessor and shall be subject to this Lease.
Section 2.03. Taxes. Lessee shall pay any and all real estate taxes, including leasehold
taxes, and assessments levied with respect to the Premises and any and all taxes and assessments
associated with Lessee's use of the Premises assessed by any public authority having
jurisdiction, as the same may become due and payable, during the term of this Lease or any
extension. Any such taxes or assessments with respect to tax years which extend prior or
subsequent to the date of commencement or termination of this Lease shall be prorated for the
portion of such tax year that the Lease is in effect.
ARTICLE III.
[reserved]
ARTICLE IV
Section 4.01. Transfer or Pledge by Lessor. Lessor shall be free to transfer its interest
in the Premises or any part thereof or interest therein, subject, however, to the terms of this Lease
and applicable law. A transfer of such interest shall relieve the transferor of all liability and
obligation hereunder (to the extent of the interest transferred) accruing after the date of the
transfer, provided that such transferee specifically assumes such liabilities in a written instrument
delivered to Lessee. Lessor shall be free to pledge or mortgage its interest in the Premises to the
extent allowed by law, and this Lease is and shall be subordinate to any mortgage, and Lessee
shall execute any subordination agreement requested by such mortgagee.
Section 4.02. Assignment of Lease Agreement. The Lessee (a) consents to any
assignment of this Lease by the Lessor; (b) agrees to execute and deliver such further
acknowledgements, agreements and other instruments as may be reasonably requested by the
Lessor to effect such assignment; (c) agrees to make all payments due to the Lessor under this
Lease directly to the assignee; and (d) agrees to comply fully with the terms of such assignment
so long as such assignment is not inconsistent with the provisions hereof.
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ARTICLE V
Section 5.01. No Set-Off Rights.
(a) It is expressly understood and agreed by and between the parties that the Rent
and all other sums payable hereunder to or on behalf of Lessor shall be paid without
notice or demand and without set-off, counterclaim, abatement, suspension, deduction or
defense.
(b) Except as .otherwise expressly provided in the Lease, this Lease shall not
terminate, nor shall Lessee have any right to terminate this Lease or be entitled to the
abatement of any Rent or any reduction thereof, nor shall the obligations hereunder of
Lessee be otherwise affected, by reason of any damage to or destruction of all or any part
of the Premises from whatever cause, the taking of the Premises or any portion thereof by
condemnation or otherwise, the prohibition, limitation or restriction of Lessee's use of the
Premises, or interference with such use by any private person or corporation, or Lessee's
acquisition of ownership of the Premises or otherwise than pursuant to an express
provision of this Lease, or for any other cause whether similar or dissimilar to the
foregoing, any present or future law to the contrary notwithstanding, it being the intention
of the parties hereto that the Rent and all other charges payable hereunder to or on behalf
of Lessor shall continue to be payable in all events and all of the obligations of Lessee
hereunder shall continue unaffected, unless the requirement to payor perform the same
shall be terminated pursuant to an express provision of this Lease. Nothing contained in
this section shall be deemed as a waiver by Lessee of any rights that it may have to bring
a separate action with respect to any default by Lessor hereunder or under any other
agreement and to recover the cost and expenses, including reasonable attorneys' fees and
expenses, associated with such separate action.
(c) Lessee covenants and agrees that it will remain obligated under this Lease in
accordance with its terms, ana that Lessee will not take any action to terminate, rescind
or avoid this Lease, notwithstanding the bankruptcy, insolvency, reorganization,
composition, readjustment, liquidation, dissolution, winding-up or other proceeding
affecting Lessor or any assignee of Lessor in any such proceeding and notwithstanding
any action with respect to this Lease which may be taken by any trustee or receiver of
Lessor or of any assignee of Lessor in any such proceeding or by any court in any such
proceeding.
(d) Except as otherwise expressly provided in the Lease, Lessee waives all rights
now or hereafter conferred by law (i) to quit, terminate or surrender this Lease or the
Premises or any part thereof or (ii) to any abatement, suspension, deferment or reduction
of the Rent, or any other sums payable hereunder to or on behalf of Lessor, regardless of
whether such rights shall arise from any present or future constitution, statute or rule of
law.
Section 5.02. Compliance With Law. Lessee shall comply with and cause the Premises
to comply with and shall assume all obligations and liabilities with respect to (i) all Legal
Requirements and (ii) all agreements, contracts, insurance policies (including, without limitation,
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to the extent necessary to prevent cancellation thereof and to insure full payment of any claims
made under such policies), covenants, conditions, and restrictions now or hereafter applicable to
the Premises or the ownership, operation, use or possession thereof, including, but not limited to,
all such Legal Requirements, contracts, agreements, covenants, conditions and restrictions which
require structural, unforeseen or extraordinary changes; provided, however, that, with respect to
any of the obligations of this Lease in clause (ii) above which are not now in existence, Lessee
shall not be required to comply unless Lessee is either a party thereto or has given its written
consent thereto, or unless the same is occasioned by Legal Requirements or Lessee's default
(including any failure or omission by Lessee) under this Lease. Nothing in clause (ii) of the
immediately preceding sentence shall modify the obligations of Lessee under Section 5.04 of this
Lease.
Section 5.03. Liens. Lessee will remove and discharge any charge, lien, security interest
or encumbrance upon the Premises or I.lpon any Rent which arises for any reason, including,
without limitation, all liens which arise out of the Project, possession, use, occupancy,
renovation, construction, repair or rebuilding of the Premises or by reason of labor or materials
furnished or claimed to have been furnished to Lessee or for the Premises, but not including (a)
this Lease and any assignment hereof or any sublease permitted hereunder and (b) any mortgage,
charge, lien, security interest or encumbrance created or caused solely by Lessor or its agents.
Lessee may provide a bond or other security acceptable to Lessor to remove or pay all cost
associated with the removal of any such lien. Notice is hereby given that Lessor will not be
liable for any labor, services or materials furnished or to be furnished to Lessee, or to anyone
holding an interest in the Premises or any part thereof through or under Lessee, and that no
mechanic's or other liens for any such labor, services or materials shall attach to or affect the
interest of Lessor in and to the Premises.
Section 5.04. Indemnification. Except in cases of gross negligence or willful
misconduct on the part of the Indemnified Parties, the Lessee shall, to the extent permitted by
Virginia law, pay, protect, indemnify, and save harmless the Indemnified Parties from and
against, any and all liabilities, losses, damages, costs, expenses (including, without limitation,
reasonable attorneys' fees and expenses), causes of action, suits, claims, demands or judgments
of any nature arising from (a) injury to or death of any person, or damage to or loss of property,
on the Premises or any adjoining sidewalks, streets or ways, or connected with the use, condition
or occupancy of any thereof, (b) violation by Lessee of this Lease, and (c) use, act or omission of
Lessee or its agents, contractors, licensees, sublessees or invitees.
Section 5.05. Environmental Compliance.
(a) For purposes of this Lease:
(i) the term "Environmental Laws" shall. mean and include the
Resource Conservation and Recovery Act, as amended by the Hazardous and
Solid Waste Amendments of 1984, the Comprehensive Environmental Response,
Compensation and Liability Act, the Hazardous Materials Transportation Act, the
Toxic Substances Control Act, the Federal Insecticide, Fungicide and Rodenticide
Act and all applicable state and local environmental laws, ordinances, rules,
requirements, regulations and publications, now or hereafter existing, relating to
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the preservation or regulation of the public health, welfare or environment or the
regulation or control of toxic or hazardous substances or materials;
(ii) the term "Regulated Substances" shall mean and include any, each
and all substances or materials now or hereafter regulated pursuant to any
Environmental Laws, including, but not limited to, any such substance or material
now or hereafter defined as or deemed to be a "regulated substance," "pesticide,"
"hazardous substance" or "hazardous waste" or included in any similar or like
classification or categorization thereunder; and
(iii) "Governmental Unit" shall mean any federal or governmental,
legislative, executive or judicial body charged with the enforcement,
implementation or interpretation of any Environmental Law.
(b) Lessee shall:
(i) not cause or permit any Regulated Substance to be placed, held,
located, released, transported or disposed of on, under, at or from the Premises in
violation of Environmental Laws;
(ii) contain at or remove from the Premises, or perform any other
necessary remedial action regarding, any Regulated Substance in any way
affecting the Premises if, as and when such containment, removal or other
remedial action is required, but only to the extent required by a Governmental
Unit, pursuant to an applicable Environmental Law. If not required, Lessee, at its
election, may conduct such remedial action, but any containment, removal or
remediation of any kind involving any Regulated Substance in any way adversely
affecting the Premises shall be in compliance with all Environmental Laws and, if
Lessor shall reasonably believe that any environmental concern exists with
respect to the Premises, then, upon request of Lessor which request shall be made
no mqre than once per year, Lessee shall arrange for periodic Phase I
environmental audits. (as such term is defined now or hereafter by the
environmental remediation industry), or such further testing or actions as may be
required by Environmental Laws, to be conducted at the Premises by qualified
companies specializing in environmental matters and reasonably satisfactory to
Lessor in order to ascertain compliance with all Environmental Laws and the
requirements of this Lease, all of the foregoing to be at Lessee's sole cost and
expense;
(iii) provide Lessor with written notice (and a copy as may be
applicable) of any of the following within ten (10) days of receipt thereof: (A)
Lessee's obtaining knowledge or notice of any kind of the material presence, or
any actual or threatened release, of any Regulated Substance in any way adversely
affecting the Premises; (B) Lessee's receipt or submission, or Lessee's obtaining
knowledge or notice of any kind, of any report, citation, notice or other
communication from or to any federal, state or local governmental or
quasi-governmental authority regarding any Regulated Substance in any way
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adversely affecting the Premises; or (C) Lessee's obtaining knowledge or notice
of any kind of the incurrence of any cost or expense by any federal, state or local
governmental or quasi-governmental authority or any private party in connection
with the assessment, monitoring, containment, removal or remediation of any
kind of any Regulated Substance in any way adversely affecting the Premises, or
of the filing or recording of any lien on the Premises or any portion thereof in
connection with any such action or Regulated Substance in any way adversely
affecting the Premises; and
(iv) in addition to the requirements of Section 5.04 hereof, defend all
actions against the Indemnified Parties and pay, protect, indemnify and save
harmless the Indemnified Parties from and against any and all liabilities, losses,
damages, costs, expenses (including, without limitation, reasonable attorneys'
fees and expenses), causes of action, suits, claims, demands or judgments of any
nature relating to any Environmental Laws, Regulated Substances or other
environmental matters concerning the Premises. The indemnity contained in this
Section 5.05 shall survive the expiration or earlier termination of this Lease.
Section 5.06. Representations and Warranties of Lessor.
Lessor hereby warrants and represents to Lessee and covenants and agrees as of
the date hereof and on the Commencement Date that:
(a) Lessor has a fee simple interest in the Premises, free and clear of all liens,
encumbrances and other exceptions to title, except for those matters of record or
disclosed to Lessee.
(b) The Lessor has full right, title and authority to execute this Lease.
(c) The execution of this Lease and performance of the transaction
contemplated herein shall not conflict with or result in a breach of the terms or provisions
of, constitute a default under, or cause or allow an acceleration of any note, mortgage,
deed of trust, loan agreement or other document, instrument, or agreement to which
Lessor is a party or by which the Premises is encumbered or affected.
(d) Except for any Prior Intended Tenants' limited rights pursuant to Section
1.02 hereof, there are no leases or other agreements for the use, occupancy or possession
of the Premises or any portion thereof presently in force.
(e) The are no condemnation or eminent domain proceedings pending, or to
the best of Lessor's knowledge, contemplated against the Premises or any part thereof,
and the Lessor has received no notice of the desire of any public authority or other entity
to take or use the Premises or any part thereof.
(f) The are no pending suits or proceedings against or affecting the Lessor or
any part of the Premises which (i) do or could affect title to the Premises or any part
thereof; or (ii) do or could prohibit or make unlawful the consummation of the
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transactions contemplated by this Lease, or render Lessor unable to consummate the
same.
(g) All information and data furnished by the Lessor to Lessee with respect to
the Premises is true, correct, complete and not misleading, to the best of the Lessor's
knowledge.
(h) All necessary actions have, as of the date of execution and delivery of this
Lease, been taken by Lessor authorizing Lessor's consummation of the transaction
contemplated hereby, the performance by Lessor of Lessor's duties and obligations under
this Lease and Lessor's execution and delivery of this Lease. This Lease has been duly
executed and delivered by Lessor.
(i) To the best of Lessor's knowledge and belief, no further approval, consent
or witbho1ding of objection on the part of any requesting body or any federal, state or
local official is required in connection with the execution or delivery of, or compliance
by the Lessor with, the terms and conditions of this Lease.
Section 5.07. Representations and Warranties of Lessee.
Lessee hereby represents and warrants to Lessor and covenants and agrees as of
the date hereof and on the Commencement date that:
(a) Lessee has received the requisite authorizations from the appropriate
governmental, administrative, and other bodies such that it has the lawful right, power,
authority, and capacity to execute and deliver and comply with the terms, provisions, and
conditions of this Lease. This Lease has been duly executed and delivered by the Lessee.
(b) There are no actions, suits, or proceedings pending or, to the best
knowledge of Lessee, threatened against, by, or affecting Lessee which question the
validity or enforceability of this Lease or of any action taken by Lessee under this Lease,
in any court or before any governmental authority.
(c) The execution of and entry into this Lease and the performance by Lessee
of Lessee's duties and obligations under this Lease are consistent with and not in
violation of, and will not create any adverse condition under any ordinance, law,
resolution, contract, agreement, or other instruments or authorities to which Lessee is a
party or which control Lessee, any judicial order or judgment of any nature by which
Lessee is bound; and this Lease, and the covenants and agreements of Lessee under this
Lease, are the valid and binding obligations of Lessee, enforceable in accordance with
their terms.
(d) No further approval, consent or withholding of objection on the part of
any requesting body or any federal, state or local official is required in connection with
the execution or delivery of, or compliance by the Lessee with, the terms and conditions
of this Lease.
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ARTICLE VI
Section 6.01. Condemnation and Casualty.
(a) Notice Provision. The Lessee shall notify the Lessor immediately in the
case of damage to or destruction from fire or other Casualty as defined herein of the
Premises or any portion thereof during the Term.
(b) General Provisions. Lessee hereby irrevocably assigns to Lessor any
award, compensation or insurance payment to which Lessee may become entitled by
reason of Lessee's interest in the Premises if Condemnation or Casualty occurs. Lessor
may negotiate, prosecute and adjust any claim for any Compensation and may appear in
any such proceeding or action to negotiate, prosecute and adjust any claim for any
Compensation, and Lessor shall collect any such Compensation. Lessee shall be entitled
to participate in any such proceeding, action, negotiation, prosecution or adjustment.
Notwithstanding anything to the contrary contained in this Article VI, if permissible
under applicable law, Lessee shall have the right to pursue collection efforts and collect
from any authority initiating a Condemnation or from any insurance policies maintained
hereunder in the event of any Casualty or any separate Compensation made to Lessee for
its moving and relocation expenses, anticipated loss of business profits, loss of goodwill
or fixtures and equipment and items of Severable Property, which compensation shall be
paid directly to and shall be retained by Lessee. All Compensation shall be applied
pursuant to this Section 6.01, and all such Compensation (less the reasonable expense of
collecting such Compensation) is herein called the "Net Proceeds."
(c) Condemnation or Casualty. This Lease shall continue in full force and
effect notwithstanding a Condemnation or Casualty, and Lessee shall, at its expense,
rebuild, replace or repair the Premises in conformity with the requirements of Sections
2.01, 2.02 and 5.03 so as to restore the Premises (in the case of Condemnation, as nearly
as practicable) to the condition, character and fair market value thereof immediately prior
to such Casualty or Condemnation. Prior to any such rebuilding, replacement or repair,
Lessor and Lessee shall agree on the Restoration Cost. The Restoration Cost shall be paid
first out of Lessee's own funds to the extent that the Restoration Cost exceeds the Net
Proceeds payable in connection with such occurrence, after which expenditure Lessee
shall be entitled to receive the Net Proceeds, but only against (i) certificates of Lessee
delivered to Lessor from time to time as such work of rebuilding, replacement and repair
progresses, each such certificate describing the work for which Lessee is requesting
payment and the cost incurred by Lessee in connection therewith and stating that Lessee
has not theretofore received payment for such work and (ii) such additional
documentation as Lessor may reasonably require, including, but not limited to, copies of
contracts and subcontracts relating to restoration, architects' certifications, title policy
updates and lien waivers or releases. Any Net Proceeds remaining after final payment has
been made for such work and after Lessee has been reimbursed for any portions it
contributed to the Restoration Cost shall be retained by Lessor. In the event of any
temporary Condemnation, this Lease shall remain in full effect and Lessee shall be
entitled to receive the Net Proceeds allocable to such temporary Condemnation, except
that any portion of the Net Proceeds allocable to the period after the expiration or
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termination of the Term shall be paid to Lessor. If the cost of any rebuilding, replacement
or repair required to be made by Lessee pursuant to this Section 6.01(c) shall exceed the
amount of such Net Proceeds, the deficiency shall be paid by Lessee.
Section 6.02. Insurance. Lessee will maintain, or cause to be maintained, insurance on
the Premises of the following character and such other insurance as may be required by Lessor or
by any mortgagee:
(a) A standard "all-risk" form of insurance policy, including boiler, machinery,
and flood perils, with claims to be settled on a full replacement cost basis. Lessor shall be
named as a joint loss payee on all such insurance policies. The amount of such insurance
shall be not less than 100% of the full replacement cost of the Improvements, furniture,
furnishings, fixtures, equipment and other items (whether personal property or fixtures)
included in the Premises and owned by Lessee from time to time, without reduction for
depreciation. The determination of the replacement cost amount shall be adjusted
annually to comply with the requirements of the insurer issuing such coverage or, at
Lessor's election, by reference to such indices, appraisals or information as Lessor
determines in its reasonable discretion. Flood coverage limit must be equal to the
maximum amount available through NFIP (National Flood Insurance Program) in
accordance with section (d). Full replacement cost, as used herein, means, with respect to
the Improvements, the cost of replacing the Improvements without regard to deduction
for depreciation, exclusive of the cost of excavations, foundations and footings below the
lowest basement floor, and means, with respect to such furniture, furnishings, fixtures,
equipment and other items, the cost of replacing the same. Each policy or policies shall
contain a replacement cost endorsement and a waiver of any coinsurance provision, all
subject to Lessor's approval. The maximum deductible under such policy or policies shall
not exceed $10,000. Such insurance may be in the form of a blanket policy provided that
the policy contains an endorsement to the effect that the coverage will not be affected by
the failure to pay any portion of the premium which is not allocable to the Premises or
any other action not relating to the Premises which would otherwise permit the issuer to
cancel the coverage.
(b) Comprehensive "Commercial General Liability" insurance against claims for
personal injury, bodily injury, death and property damage occurring on, in or about the
Premises, including, without limitation, coverage against so called occurrences in
amounts not less than $1,000,000 per occurrence and $2,000,000 general aggregate
coverage (umbrella coverage shall not be less than an additional $3,000,000) for bodily
injury, personal injury or death and $1,000,000 for property damage and $5,000 for
medical payments. This policy must contain, but not be limited to, coverage for premises
and operations liability, products and completed operations liability, contractua1liability,
hired and nonowned automobile liability, personal injury liability and property damage
liability. During any construction on the Premises, Lessee's general contractor for such
construction shall also provide the insurance required in this subsection (c). Lessor
hereby retains the right to periodically review the amount of said liability insurance being
maintained by Lessee and to require an increase in the amount of said liability insurance
should Lessor deem an increase to be reasonably prudent under then existing
circumstances. Lessor shall be named as additional insured with respect to all liability
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insurance. In all situations, the coverage of the Lessee or its contractors shall be primary
and non-contributory with any insurance or self-insurance carried by the Lessor, its
agents, employees or assigns.
(c) Insurance covering the major components of the central heating, air
conditioning and ventilating systems, boilers, other pressure vessels, high pressure piping
and machinery, elevators and escalators, if any, and other similar equipment installed in
the Improvements, in an amount equal to 100% of the full replacement cost of the
Improvements which policies shall insure against physical damage to and loss of
occupancy and use of the Improvements arising out of an accident or breakdown covered
thereunder.
(d) If the Premises or any part thereof is situated in an area identified by the
Secretary of Housing and Urban Development as now having or subsequently designated
as having special flood hazards (including, without limitation, those areas designated by
the FEMA as Zone A or Zone V), flood insurance under the National Flood Insurance
Program in an amount equal to the lesser of (i) the full replacement cost of the
Improvements (or the outstanding balance of the Note if replacement cost coverage is not
available) or (ii) the maximum amount of flood insurance available. The deductible under
such flood insurance shall not exceed $3,000 per building, unless a higher amount is
required by FEMA or other law.
(e) If the Premises has legal "nonconforming" uses under current building, zoning
or land use laws or ordinances, Law and Ordinance coverage which shall cover costs of
demolition, loss to undamaged portion of the Improvements and increased cost of
construction.
(f) Workers compensation insurance and employee dishonesty coverage In
reasonable amounts, as may be required by law if the Lessee has employees.
All such insurance required by Section 6.02 shall (i) be with insurers authorized to
do business in the state within which the Premises is located and who have and maintain
a rating of "A-VIII" from A.M. Best, (ii) contain the complete address of the Premises (or
a complete legal description), (iii) be for terms of at least one year, with premium
prepaid, (iv) contain deductib1es which do not exceed $10,000, (v) be subject to the
approval of Lessor as to insurance companies, amounts, content, forms of policies,
method by which premiums are paid and expiration dates and (vi) contain a standard
noncontributory clause, mortgagee clause, or endorsement listing Lessor as follows:
City of Roanoke, Virginia
Attn: City Manager
Noel C. Taylor Municipal Building, Rm. 364
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Lessee shall as of the date hereof deliver to Lessor evidence satisfactory to Lessor
that, as of the date hereof, said insurance policies have been prepaid as required above
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and certified copies of such insurance policies and original certificates of insurance
signed by an authorized agent evidencing such insurance satisfactory to Lessor. Lessee
shall renew all such insurance and deliver to Lessor policies evidencing such renewals at
least fifteen (15) days before any such insurance shall expire. Without limiting the
required endorsements to insurance policies, Lessee further agrees that all such policies
shall provide that proceeds thereunder shall be payable to Lessor, its successors and
assigns, pursuant and subject to a mortgagee clause (without contribution) of standard
form attached to, or otherwise made a part of, the applicable policy and that Lessor, its
successors and assigns, shall be named as an additional insured under all liability
insurance policies. Lessee further agrees that all such insurance policies: (A) shall
provide for at least thirty (30) days' prior written notice to Lessor prior to any
cancellation or termination thereof and prior to any modification thereof which affects the
interest of Lessor; (B) shall contain an endorsement or agreement by the insurer that any
loss shall be payable to Lessor in accordance with the terms of such policy
notwithstanding any act or negligence of Lessee which might otherwise result in
forfeiture of such insurance; and (C) shall either name Lessor as an additional insured or
waive all rights of subrogation against Lessor. The delivery to Lessor of the insurance
policies or the certificates of insurance as provided above shall constitute an assignment
of all proceeds payable under such insurance policies by Lessee to Lessor as further
security' for the indebtedness secured hereby. Approval of any insurance by Lessor shall
not be a representation of the solvency of any insurer or the sufficiency of any amount of
insurance. In the event Lessee fails to provide, maintain, keep in force or deliver and
furnish to Lessor the policies of insurance required by this Lease or evidence of their
renewal as required herein, Lessor may, but shall not be obligated to, procure such
insurance and Lessee shall pay all amounts advanced by Lessor, together with interest
thereon at the Late Rate from and after the date advanced by Lessor until actually repaid
by Lessee, promptly upon demand by Lessor. Lessor shall not be responsible for nor
incur any liability for the insolvency of the insurer or other failure of the insurer to
perform, even though Lessor has caused the insurance to be placed with the insurer after
failure of Lessee to furnish such insurance.
(g) Every insurance policy insuring the Premises (other than workers'
compensation policy) shall bear a mortgage endorsement in favor of mortgagee, if any,
which creates a lien on the interest of Lessor in the Premises, the identity of which Lessee
has been given written notice, and any loss under any such policy be payable to the
mortgagee which has a first lien on such interest (if there is more than one first
mortgagee, then to the Trustee for such mortgagees) to be held and applied by mortgagee
toward restoration pursuant to Section 6.01. Every policy referred to in Section 6.02(a)
shall provide that it will not be cancelled or amended except after 30 days' written notice
to Lessor and any mortgagee and that it shall not be invalidated by any act or negligence
of Lessor, Lessee or any person or entity having an interest in the Premises, nor by any
occupancy or use of the Premises for purposes more hazardous than permitted by such
policy, nor by any foreclosure or other proceedings relating to the Premises, nor by
change in title or ownership of the Premises.
(h) Lessee shall deliver to Lessor and to mortgagee, if any, upon request: (i)
copies of the applicable insurance policies and (ii) original or duplicate certificates of
15
7965/27/3463105v1
insurance, satisfactory to Lessor and mortgagee evidencing the existence of all insurance
which is required to be maintained by Lesseehefeunder and payment of all premiums
therefore. Such delivery shall also be made (i) upon the execution and delivery hereof
and (ii) at least ten (10) days prior to the expiration of any such insurance. Lessee shall
not obtain or carry separate insurance concurrent in form or contributing in the event of
loss with that required by this Section 6.02 unless Lessor is named an additional insured
therein and unless there is a mortgagee endorsement in favor of any mortgagee with loss
payable as provided herein. Lessee shall immediately notify Lessor whenever any such
separate insurance is obtained and shall deliver to Lessor and mortgagee the policies or
certificates evidencing the same. Any insurance required hereunder may be provided
under blanket policies, provided that the Premises are specified therein.
(i) The requirements of this Section 6.02 shall not be construed to negate or
modify Lessee's obligations under Section 5.04.
ARTICLE vn
Section 7.01. Conditional Limitations; Default Provisions.
(a) Any of the following occurrences or acts shall constitute an Event of
Default under this Lease:
(i) if Lessee shall (A) fail to pay any Rent as and when required to be
paid by Lessee hereunder and such failure shall continue for five days after such
payment is due (B) fail to observe or perform any other provision hereof and such
nonmonetary failure shall continue for 30 consecutive calendar days after written
notice from Lessor to Lessee of such failure;
(ii) if the Premises shall have been left abandoned for a period of 30
consecutive calendar days;
(iii) if the Project is not expeditiously completed in a good and
workmanlike manner, in compliance with all applicable Legal Requirements and
the requirements of all insurance policies required to be maintained by Lessee
hereunder;
(iv) if the Project is not performed in accordance with the Interior
Department's "Standard for Rehabilitation" and the terms and approvals of the
National Park Service and the Virginia Department of Historic Resources.
(v)
Mortgage.
if an Event of Default shall occur under any loan secured by a
(b) LReserved]
(c) If an Event of Default shall have happened and be continuing, Lessor shall
have the right to give Lessee notice of Lessor's termination of the Term. Upon the giving
of such notice, the Term and the estate hereby granted shall expire and terminate on such
16
7965/27/3463105vl
date as fully and completely and with the same effect as if such date were the date herein
fixed for the expiration of the Term, and all rights of Lessee hereunder shall expire and
terminate, but Lessee shall remain liable as hereinafter provided.
(d) If an Event of Default shall have happened and be continuing, Lessor shall
have the right, whether or not the Term shall have been terminated pursuant to Section
7.01 (c), to reenter and repossess the Premises and the right to remove all persons and
property therefrom by summary proceedings, ejectment or any other legal action or in
any lawful manner Lessor determines to be necessary or desirable. Lessor shall be under
no liability by reason of any such reentry, repossession or removal. No such reentry,
repossession or removal shall be construed as an election by Lessor to terminate the Term
unless a notice of such termination is given to Lessee pursuant to Section 7.01(c) or
unless such termination is decreed by a court.
(e) At any time or from time to time after a reentry, repossession or removal
pursuant to Section 7.01(d), whether or not the Term shall have been terminated pursuant
to Section 7.01(c), Lessor may (but shall be under no obligation to) relet the Premises for
the account of Lessee, in the name of Lessee or Lessor or otherwise, without notice to
Lessee, for such term or terms and on such conditions and for such uses as Lessor, in its
absolute discretion, may determine. Lessor may collect any rents payable by reason of
such reletting. Lessor shall not be liable for any failure to relet the Premises or for any
failure to collect any Rent due upon any such reletting.
(f) No expiration or termination of the Term pursuant to Section 7.01(c), by
operation of law or otherwise, and no reentry, repossession or removal pursuant to
Section 7.01(d) or otherwise, and no reletting of the Premises pursuant to Section 7.01(e)
or otherwise, shall relieve Lessee of its liabilities and obligations hereunder, all of which
shall survive such expiration, termination, reentry, repossession, removal or reletting.
(g) In the event of any expiration or termination of the Term or reentry or
repossession of the Premises or removal of persons or property therefrom by reason of
the OCCUHence of an Event of Default, Lessee shall pay to Lessor all Rent required to be
paid by Lessee, in each case to and including the date of such expiration, termination,
reentry, repossession or removal, and, thereafter, Lessee shall, until the end of what
would have been the Term in the absence of such expiration, termination, reentry,
repossession or removal and whether or not the Premises shall have been relet, be liable
to Lessor for, and shall pay to Lessor, as liquidated and agreed current damages: (i) all
Rent which would be payable under this Lease by Lessee in the absence of any such
expiration, termination, reentry, repossession or removal, together with all expenses of
Lessor in connection with such re1etting (including, without limitation, all repossession
costs, brokerage commissions, reasonable attorneys' fees and expenses (including,
without limitation, fees and expenses of appellate proceedings), alteration costs and
expenses of necessary preparation for such reletting in accordance with the customs in
the area for renting commercial space of the type of the Premises), less (ii) the net
proceeds, if any, of any reletting effected for the account of Lessee pursuant to Section
7.01(e). Lessee shall pay such liquidated and agreed current damages on the dates on
which Rent would be payable under this Lease in the absence of such expiration,
17
7965/2713463105v1
termination, reentry, repossession or removal, and Lessor shall be entitled to recover the
same from Lessee on each such date.
Section 7.02. Additional Rights of Lessor.
(a) No right or remedy hereunder shall be exclusive of any other right or
rem~dy, but shall be cumulative and in addition to any other right or remedy hereunder or
now or hereafter existing. Failure to insist upon the strict performance of any provision
hereof or to exercise any option, right, power or remedy contained herein shall not
constitute a waiver or relinquishment thereof for the future. Receipt by Lessor of any
Rent payable hereunder with knowledge of the breach of any provision hereof shall not
constitute waiver of such breach, and no waiver by Lessor of any provision hereof shall
be deemed to have been made unless made in writing. Lessor shall be entitled to
injunctive relief in case of the violation, or attempted or threatened violation, of any of
the provisions hereof, or to a decree compelling performance of any of the provisions
hereof, or to any other remedy allowed to Lessor by law or equity.
(b) Lessee hereby waives and surrenders for itself and all those claiming
under it, including creditors of all kinds, (i) any right and privilege which it or any of
them may have to redeem the Premises or to have a continuance of this Lease after
termination of Lessee's right of occupancy by order or judgment of any court or by any
legal process or writ, or under the terms of this Lease, or after the termination of the
Term as herein provided, (ii) the benefits of any law which exempts property from
liability for debt and (iii) Lessee specifically waives any rights of redemption or
reinstatement available by law or any successor law.
(c) If an Event of Default on the part of Lessee shall have occurred hereunder,
then, without thereby waiving such default, Lessor may, but shall be under no obligation
to, take all action, including, without limitation, entry upon the Premises, to perform the
obligation of Lessee hereunder immediately and without notice in the case of any
emergency as may be reasonably determined by Lessor and upon five business days'
notice to Lessee in other cases. All reasonable expenses incurred by Lessor in co~nection
therewith, including, without limitation, reasonable attorneys' fees and expenses
(including, without limitation, those incurred in connection with any appellate
proceedings), shall be paid by Lessee to Lessor upon demand.
(d) If Lessee shall be in default in the performance of any of its obligations
hereunder, Lessee shall pay to Lessor, on demand, all expenses incurred by Lessor as a
result thereof, including, without limitation, reasonable attorneys' fees and expenses
(including, without limitatio~, those incurred in connection with any appellate
proceedings). If Lessor shall be made a party to any litigation commenced against Lessee
and Lessee shall fail to provide Lessor with counsel approved by Lessor and pay the
expenses thereof, Lessee shall pay all costs and reasonable attorneys' fees and expenses
in connection with such litigation (including, without limitation, fees and expenses
incurred in connection with any appellate proceedings).
18
7965/27/3463105vl
(e) If Lessee shall fail to pay when due any Rent required to be paid by
Lessee hereunder, Lessor shall be entitled to collect from Lessee a Late Payment Charge
on the delinquency. The Lessee shall pay the Late Payment Charge to Lessor in addition
to such an y outstanding Rent. .
ARTICLE VIII
Section 8.01. Notices and Other Instruments.
(a) All notices, offers, consents and other instruments given pursuant to this
Lease shall be in writing and shall be validly given when hand delivered or sent by a
courier or express service guaranteeing overnight delivery, or by telecopy, with original
being promptly sent as otherwise provided above, addressed as follows:
If to Lessor: City of Roanoke, Virginia
Attn: City Manager
Noel C. Taylor Municipal Building, Rm. 364
215 Church Avenue, S.W.
Roanoke, Virginia 24011
With a copy to:
City of Roanoke
Department of Economic Development
Attn: Economic Development Manager
117 Church Avenue S.W.
Roanoke, Virginia 24011
(Also, see subsection (b) below)
If to Lessee: Market Building Partners, LP
Attn: Douglas C. Waters
204 South Jefferson Street, Suite 9
Roanoke, Virginia 24011
With a copy to:
Harwell M. Darby, Jr.
Glenn, Feldmann, Darby & Goodlatte
37 Campbell Ave., SW
Roanoke, Virginia 24011
Lessor and Lessee each may from time to time specify, by giving written notice to each
other party, (i) any other address in the United States as its address for purposes of this
Lease and (ii) any other person or entity in the United States having a legal or equitable
interest in the Premises or in this Lease that is to receive copies of notices, offers,
consents and other instruments hereunder. Notices given in accordance with this Section
8.01 shall be deemed delivered on the day after they are sent.
(b) A copy of any such notice or demand delivered pursuant to Section
8.01(a) shall also contemporaneously be delivered in the manner herein specified to any
19
796SI27/346310Svl
mortgagee or assignee of Lessor's interest which shall have duly notified Lessee in
writing of its name and address.
(c) Lessee agrees that any notice or demand that may be given by Lessor to
Lessee under this Lease, including, without limitation, any notice of default by Lessee,
may be given by any mortgagee or assignee of Lessor's interest, any such notice or
demand to be of the same force and effect as if given by Lessor.
Section 8.02. Estoppel Certificates.
(a) Lessee will, upon 10 days' written notice at the request of Lessor, execute,
acknowledge and deliver to Lessor a certificate of Lessee, stating that this Lease is
unmodified and in full force and effect (or, if there have been modifications, that this
Lease is in full force and effect as modified, and setting forth such modifications) and
stating the dates to which Rent payable hereunder have been paid and either stating that
to the knowledge of Lessee no default exists hereunder or specifying each such default of
which Lessee has knowledge and whether or not Lessee is still occupying and operating
the Premises. Any such certificate may be relied upon by any actual or prospective
mortgagee or Lessee of the Premises. Lessor will, upon ten (10) days' written notice at
the request of Lessee, execute, acknowledge and deliver to Lessee a certificate of Lessor,
stating that this Lease is unmodified and in full force and effect (or, if there have been
modifications, that this Lease is in full force and effect as modified, and setting forth such
modifications) and the dates to which Rent payable hereunder have been paid, and either
stating that to the knowledge of Lessor no default exists hereunder or specifying each
such default of which Lessor has knowledge. Any such certificate may be relied upon by
Lessee or any actual or prospective assignee or sublessee of the Premises.
(b) Lessor and its agents and designees may enter upon and examine the
Premises at reasonable times during normal business hours and on reasonable notice and
show the Premises to prospective mortgagees and/or Lessees. Except in the event of
emergency, Lessee may designate an employee to accompany Lessor, its agents and
designees on such examinations. Lessee will provide, upon Lessor's request, all
information regarding the Premises, including, but not limited to, a current rent roll and
an operating statement reflecting all income from subleases and all occupancy expenses
for the Premises. All such information will be certified by an appropriate officer of
Lessee.
ARTICLE IX
Section 9.01. No Merger. There shall be no merger of this Lease or of the leasehold
estate hereby created with the fee estate in the Premises by reason of the fact that the same
person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created
or any interest herein or in such leasehold estate, as well as the fee estate in the Premises or any
interest in such fee estate.
Section 9.02. Surrender. Upon the expiration or termination of this Lease, Lessee shall
surrender the Premises to Lessor in good repair and condition except for any damage resulting
20
7965/2713463105v 1
from Condemnation or Casualty or normal wear and tear. The provisions of this Section and
Article III shall survive the expiration or other termination of this Lease.
Section 9.03. Separability; Binding Effect; Governing Law; Forum Selection. Each
provision hereof shall be separate and independent, and the breach of any provision by Lessor
shall not discharge or relieve Lessee from any of its obligations hereunder. Each provision hereof
shall be valid and shall be enforceable to the extent not prohibited by law. If any provision hereof
or the application thereof to any person or circumstance shall to any extent be invalid or
unenforceable, the remaining provisions hereof, or the application of such provision to persons
or circumstances other than those as to which it is invalid or unenforceable, shall not be affected
thereby. All provisions contained in this Lease shall be binding upon, inure to the benefit of and
be enforceable by the successors and assigns of Lessor to the same extent as if each such
successor and assign were named as a party hereto. All provisions contained in this Lease shall
be binding upon the successors and assigns of Lessee and shall inure to the benefit of and be
enforceable by the permitted successors and assigns of Lessee in each case to the same extent as
if each successor and assign were named as a party hereto. This Lease shall be governed by and
interpreted in accordance with the laws of the Commonwealth of Virginia, without application of
Virginia's conflict of law provisions. Venue for any legal action arising out of or related to this
Lease shall only be proper in the Circuit Court of Roanoke City and all parties voluntarily submit
themselves to the jurisdiction and venue of such Court.
Section 9.04. Headings; Internal References. The headings of the various paragraphs
and schedules of this Lease have been inserted for reference only and shall not to any extent have
the effect of modifying the express terms and provisions of this Lease. Unless stated to the
contrary, any references to any Section, subsection, schedule and the like contained herein are to
the respective Section, subsection, schedule and the like of this Lease.
Section 9.05. Counterparts. This Lease may be executed in two or more counterparts
and shall be deemed to have become effective when and only when one or more of such
counterparts shall have been executed by or on behalf of each of the parties hereto (although it
shall not be necessary that any single counterpart be executed by or on behalf of each of the
parties hereto, and all such counterparts shall be deemed to constitute but one and the same
instrument) and shall have been delivered by each of the parties to the other.
Section 9.06. Lessor's and Lessee's Liability.
(a) Notwithstanding anything to the contrary provided in this Lease, it is
specific~lly understood and agreed, such agreement being a primary consideration for the
execution of this Lease by Lessor, that there shall be absolutely no personalliability on
the part of any officer, director, duly authorized agent, or employee of Lessor, its
successors, or assigns with respect to any of the terms, covenants, and conditions of this
Lease, and any liability on the part of Lessor shall be limited solely to the interest of
Lessor in the Premises without any exception whatsoever.
(b) Notwithstanding anything to the contrary provided in this Lease, it is
specifically understood and agreed, such agreement being a primary consideration for the
execution of this Lease by Lessee, that there shall be absolutely no personal liability on
21
7965/2713463105vl
the part of any officer, director, duly authorized agent, or employee of Lessee, its
successors, or assigns with respect to any of the terms, covenants and conditions of this
Lease, and any liability on the part of Lessee shall be limited solely to the interest of
Lessee in the Premises without any exception whatsoever.
Section 9.07. Consent of Lessor. Except as specifically set forth in this Lease, all
consents and approvals to be granted by Lessor shall not be unreasonably withheld or delayed,
and Lessee's sole remedy against Lessor for the failure to grant any consent shall be to seek
injunctive relief. In no circumstance will Lessee be entitled to damages with respect to the failure
to grant any consent or approval.
Section 9.08. Amendments and Modifications. Except as expressly provided herein,
this Lease may not be modified or terminated except by a writing signed by Lessor and Lessee.
Section 9.09. Currency. All references in this Lease to money shall be to currency of
the United States of America.
Section 9.10. Memorandum. A memorandum of this Lease will, upon request of
Lessee, be executed by Lessor and Lessee and recorded at the expense of Lessee in the real estate
records of the Circuit Court for the City of Roanoke, where the Premises are located.
Section 9.11. Entire Agreement. This Lease constitutes the sole and entire agreement
between the parties hereto with respect to Lessee's leasing of the Premises and no amendment or
modification of this Lease shall be binding unless it is reduced to writing and signed by both
parties hereto. No representation, inducement, promise, understanding, Of agreement regarding
such matters not included in this Lease shall be binding upon the parties hereto or either of them.
[The remaindef of this page is intentionally left blank]
22
7965/27/3463105vl
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by
their authorized representatives as a document executed under seal as of the date first above
written.
LESSOR:
:Lf!!1;mGm~
Name: Christopher P. Morrill
Title: City Manager
LESSEE:
MARKET BUILDING PARTNERS, LP
By: Market Building GP, LLC,
. Its General Partner
BY;?~
Name: Douglas C. Waters
Title: Manager
Approved as to Form:
lJ,ay~~
Approved as to Execution:
Il,{;:ze; ~7
Autho~;1.e'by ORf)iNIlItI,~ND' J~'1g6-Nlllo
23
7965127/3463105vl
SCHEDULE A
Premises
Such real property owned by the City of Roanoke, located at 32 Market Square, designated as
Official Tax Map No. 4010401, including exterior sidewalks located directly below the first floor
canopy which extends along the four sides of the bulding for use. by Lessee in a manner
consistent with the use of the property while not prohibiting pedestrian passage and access, as
further illustrated by Exhibit 1 dated May 16,2010, attached to this Schedule.
For the purposes of fulfilling the requirements of the Construction Contracts, and during the
Construction Term, as defined in the Lease Agreement dated October 19, 2010, and to which this
Schedule A is attached, Lessee is granted a license to enter and use the public streets surrounding
32 Market Square.
24
796S/2713463105v1
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Questions?
ROANOKE CITY COUNCIL
RECESSED SESSION
APRIL 28, 2011
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order -- Roll Call.
2. Invocation. Mayor David A. Bowers.
3. The Pledge of Allegiance to the Flag of the United States of America will be led
by Mayor Bowers.
4. Welcome and Statement of Purpose. Mayor Bowers.
NOTICE
Tonight's public hearings will not be televised live, however, the public
hearings will be taped and replayed on RVTV Channel 3 on Saturday,
April 30 at 11 :00 a.m., and Sunday, May 1 at 4:00 p.m.
5. Public Hearings:
a. Recommended Fiscal Year 2011-2012 City of Roanoke Budget.
b. Recommended 2011-2012 HUD Funding Budget.
1
6. Recess.
THE COUNCIL MEETING WILL BE DECLARED IN RECESS UNTIL THURSDAY,
MAY 5,2011, AT 8:30 A.M., IN ROOM 159, AT WHICH TIME THE COUNCIL WILL
CONVENE IN FISCAL YEAR 2011-2012 BUDGET STUDY; AND THEREAFTER,
WILL ADJOURN ON MONDAY, MAY 9 AT 2:00 P.M., IN THE COUNCIL CHAMBER,
FOLLOWING THE ADOPTION OF THE CITY OF ROANOKE RECOMMENDED
FISCAL YEAR 2011-2012 BUDGET.
2
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
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita 1. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
April 28, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
I will not be present for the 7:00 p.m., public hearings tonight with regard to the
proposed Recommended City budget for FY2011-2012 and the 2011-2012
Recommended HUD Budget.
Best wishes for a successful meeting.
. Vice-Mayor
/smm
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
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita 1. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
April 28, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers.and Members of Council:
I will not be present for the 7:00 p.m., public hearings tonight with regard to the
proposed Recommended City budget for FY2011-2012 and the Recommended HUD
Funding Budget.
Best wishes for a successful meeting.
~;;;z& ~
Rafael E. Ferris
Council Member
/smm
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
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: 0 : PUBLIC '. '<i> -:. I
: >-- :' REG. #7044193 ': (/): I
~ *: MY COMMISSION : * = I
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TOTAL COST: 618.71
. F I LED 0 N : 0 5 / 1 8 / III te e...
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STEHANIE M. MOON
CITY OF ROANOKE -
MUNICIPAL BLDG RM
ROANOKE VA 24011
CITY CLERK
456
REFERENCE: 10154151
12609962
General Fund notice
State of Virginia
City of Roanoke
I, (the unders igned) an authori zed representa ti ve
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir ~nia. Sworn and subscribed before me this
_~____day of MAY 2011. Witness my hand and
of iCial)jeal. !lA. .
JI)!}~\..__QgjJiL~__ Notary Public
PUBLISHED ON: 04/20
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Signature'__r~~_~__r=~~ Billing Services Representative
NOTICE OF PUBLIC HEARING
CITY' OF ROANOKE
RECOMMENDED 2011 ~12
BUDGET
~ursuant to Section 15.2-250.6, Code
of Virginia (1950.), as amended, notice
is hereby given that on Thursday,'
April 28, 20.11 at 7:0.0. p.m., or as soon'
thereafter as the matter maype heard,
Roanoke City Council will hold a special
meeting in City Council Chamber, Noel
C.Taylor Municipal Building, 215 Church
Avenue, SW, Roanoke, Virginia, for the
purpose of holding a public hearing
on the recommended 20.11-12 City
BUdget. All persons shall be afforded
an opportunity to speak and state
their views concerning all aspects of
the budget within such reasonable
,time limits as shall be established by
City Council. Written comments of
Interested citizens also will be received
by the City Clerk, at any time prior to the
hearing. -
If you are a person with a disabilitY
who needs, accommodations for this
pUblic hearing, please contact the City
Clerk's affice, 853-2541, by 10.:0.0. a.m.,
Monday, April 25, 20.11.
Complete copies of the recommended
budget will be available for publiC
r inspection at the City Clerk's affice,
. Room 456, and tthe ,,city ,M~nager's ':,
affice, Room 364, located in the Noel
C. Taylor Mti;;{C'lpai Blliiding; 215'Chu;c'~'; 11
Avenue, SW, and the Main Public. Library
located at 70.6 S. Jefferson Street,
Roanoke.
The recommended budget is
summarized as,follows:
'- ---,----~-- _._--
REVENUE ESTIMATES:
General Fund: r
General Properly Taxes 10.3,575,0.0.0.
ather Local Taxes 74,365,0.0.0.
Permits, Fees & Licenses 1,0.53,0.0.0.
Fines and Forfeitures 1 ,171',0.0.0.
Revenue from Use/Money & Propel!y:
172,0.00.
Intergovernmental Revenue": StaleIFcifillaJ '
67,722,0.0.0.
Charges for Cummt Services 10.,0.25,000.
,Miscellaneous Revenue 559.0.0.0.
TaTAL.. GENERAL FUND $258,697,0.0.0.
ProprietarY Funds:
. EnterDrise Funds:
Civic Facilities Fund
Parking Fund
. Internal Service Funds:
Fleet Management Fund
, Risk Management Fund
Te~hnology Fund
( School Fund:
General Fund
Food Services Fund
Athletics Fund
'\,.
$4,40.5,955.
~3,175,aaa
$6,681,448
$15,0.89,846
, $5,397,515
$147,0.0.0.,0.0.0.
I $6,10.0.,0.0.0.
:, $1 ,25a,~aa
RECOMMENDED EXPENDITURES:'
General Fund:
Education
Safety ,
Human Services
Infrastructure
Livability
, Good Government
Economy
Non-Departmental
'1UTAL - GENERAL AJND
ProDrietarv Funds:
· Enterorise FundS:
Civic Facilities Fund
Parking Fund
. Internal Service Funds:
Fleet Management Fund
Risk Management Fund
Technology Fund .'
School Fund:
General Fund
Food Services Fund
AthletiCS Fund
~' OJ $78,172,291
J' \, 60j803,008
40.;727,146
24,873,456
16,593,529
15,222,581
3,331,0.34
18,973,955
$258,697,0.0.0.
. $4,40.5,955
$3,175,0.0.0.
$6,681,448"
$15,0.89,846
$P97,515
$147,0.0.0.,0.0.0.
$6,10.0.,0.0.0.
$1,250.,0.0.0.
Given under my hand this 20th day of
April,2al1.
Stephanie M. Moon, MMC, City Clerk
",-;"(";-:
....1:
'"
v1"~
NOTICE OF PUBLIC HEARING
CITY OF ROANOKE
RECOMMENDED 2011-12 BUDGET
Pursuant to Section 15.2-2506, Code of Virginia (1950), as amended, notice is hereby given that
on Thursday, April 28, 2011 at 7:00 p.m., or as soon thereafter as the matter may be heard,
Roanoke City Council will hold a special meeting in City Council Chamber, Noel C. Taylor
Municipal Building, 215 Church Aven"ue, SW, Roanoke, Virginia, for the purpose of holding a
public hearing on the recommended 2011-12 City Budget. All persons shall be afforded an
opportunity to speak' and state their views concerning all aspects of the budget within such
reasonable time limits as shall be established by City Council. Written comments of interested
citizens also will be received by the City Clerk at any time prior to the hearing.
If you are a person with a disability who needs accommodations for this public hearing, please
contact the City Clerk's Office, 853-2541, by 10:00 a.m., Monday, April 25, 2011.
Complete copies of the recommended budget will be available for public inspection at the City
Clerk's Office, Room 456, and the City Manager's Office, Room 364, located in the Noel C. Taylor
Municipal Building, 215 Church Avenue, SW, and the Main Public Library located at 706 S.
Jefferson Street, Roanoke.
The recommended budget is summarized as follows:
REVENUE ESTIMATES:
General Fund:
General Property Taxes
Other Local Taxes
Permits, Fees & Licenses
Fines and Forfeitures
Revenue from Use/Money & Property
Intergovernmental Revenue - State/Federal
Charges for Current Services
Miscellaneous Revenue
TOTAL-GENERAL FUND
103,575,000
74,365,000
1,053,000
1,171,000
172,000
67,722,000
10,025,000
559,000
$258.697.000
Proprietary Funds:
· Enterprise Funds:
Civic Facilities Fund
$4.405.955
Parking Fund.
$3.175.000
· Internal Service Funds:
Fleet Management Fund
$6.681.448
School Fund:
..~ '
General Fund
Food Services Fund
$147.000.000
$6.100.000
$1.250.000
Athletics Fund
RECOMMENDED EXPENDITURES:
General Fund:
Education
Safety
Human Services
Infrastructure
Livability
Good Government
Economy
Non-Departmental
$78,172,291
60,803,008
40,727,146
24,873,456
16,593,529
15,222,581
3,331,034
18,973,955
TOTAL-GENERAL FUND
$258.697.000
Proprietary Funds:
· Enterprise Funds:
Civic Facilities Fund
$4.405.955
Parking Fund
$3.175.000
· Internal Service Funds:
Fleet Management Fund
$6.681.448
$15.089.846
$5.397.515
Risk Management Fund
Technology Fund
School Fund:
General Fund
Food Services Fund
$147.000.000
$6.100.000
Athletics Fund
$1.250.000
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
STEHANIE M, MOON
CITY OF ROANOKE -
MUNICIPAL BLDG RM
ROANOKE VA 24011
CITY CLERK
456
REFERENCE: 10154151
12610000
HUD ad
State of Virginia
City of Roanoke
I, (the undersi;gned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
.:-:'
=i
..-::
City/County of Roanoke, Commonwealth/State of
Vir inia. Sworn and subscribed before me this
_0..._day of MAY 2011. Witness' my hand and
of icial seal. 0fl. .
___(}____~--- Notary Public
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~ ~~..., NOTARY "'~~
:: 0 : . PUBLIC " "'~ -:.
-.>:- .u>.
: : REG. #7044193 ': (/);
:: *: MY COMMISSION : * =
-C". . -
~ 0 " EXPIRES : ~ :
':. ~...:1lJ112~1.'-f ," ~ ~
",-~, ". .,' ~,...... I
.... C?~/,. ......,. ~~......
TOTAL COST:/ 687 .45 .... ,c:":}-.i:\,;:.,,"'"'' :
'~=~~~ - ~~ ~ -'~ - - - ~ = ~ = ~ ~ = = - - - - - - - - - - - - - - - - - - - - - - - - - - - -l- ..t-=-e- 'i €A ~- - - _2 --
PUBLISHED ON: 04/21
Authorized~ ~
Signature, --t WII)...;At---
, Billing Services Representative
NOTICE OF PUBLIC HEARING
CITY OF ROANOKE'
RECOMMENDED 2011-2012 HUD FUNDS BUDGET
Pursuant to 24 CFR91.105, notice is hereby given that on Thursday, April 28, 2011, at 7:05 p.m., or as soon thereafter as
the'matter may be heard, the Council of the City of Roanoke, Virginia, will meet in the City Council Chamber in the Noel C.
Taylor Municipal Building, 215 Church Avenue, S.w., Roanoke, Virginia, for the purpose of holding a pUblic hearing on the
City's recommended 2011.2012 HUD Funds Budget. All persons shall be afforded an opportunity to speak and state their
views conceming all aspects of the budget within such reasonable time limits as shall be established by City Council. Written
comments of interested persons will be received by the City Clerk at any time prior to the hearing. '
Complete copies of the Draft 2011-2012 Annual Update to the 2010-2015 Consolidated Plan, which includes the
recommended 2011-2012 budget, were made available for public inspection beginning Monday, April 4, 2011, at the City
I Clerk's office and the HUD Community Resources Division office, Rooms 456 South and 305 North, respectively, Noel C.
Taylor Municipal Building, 215 Church Avenue, SW; all City Library locations, including the Law Library; and the Roanoke
Redevelopment and, Housing Authority, 2624 Salem Tumpike, NW. The Annual Update is also available on the,Clty's website,
www.roanokeva.gov. Comments will be accepted in writing through Tuesday, May 3, 2011, to the HUD Community Resources
Division, Noel C. Taylor Municipal Building, Room 305 North, 215 Church Avenue, SW, Roanoke VA 2401 1..
The recommended 2011-2012 HUD funding b':ldget is as follow.s:
REVENUE ESTIMATES: RECOMMENDED EXPENDRURES:
CDBG 2011.2012 Entitlement Grant $1,310,303 Housing Development $2,153,552
CDBG 2011.2012 Program Income 423,833 Neighborhood and Economic Development 525,333
: COBl> Prior Year ~"over and Excess Program Income 541,257 Human Services Qncluding Homeless assistanCe) 34<i,818
HOME 2011-2012 Entitlement Grant 491,860 Planning and Administration 345.081
HOME 2011.2012 Program Income 25,000 TOTAl. RECOMMENDED EXPENDITURE $3,364,784
HOME Prior Year Cany-over and Excess' Program Income 466,781
I ESG 2011-2012 Entitlement Grant 80,000
Local General Funds for HOME Match and Administration 5.750 ,
TOTAl. HUD REVENUE.. $3,364,784
All who desire to speak atthe meeting should contaCt th'efditY Clerk's office at 853-2541. Individuals with a disability I
I needing an accommodation should contact the chi! Clerk's office by April 25, 2011. For furtheririfonnaticiri i1bout'the'
meeting or inquire about the plan, contact the HUD Community Resources Division at 853-6405.
Given under my hand this 21st day of April 2011. Stephanie M. Moon, City Clerk.
, ,~.'
. r
"
.". .
c,
~~~
NOTICE OF PUBLIC HEARING
CITY OF ROANOKE
RECOMMENDED 2011-2012 HUD FUNDS BUDGET
. Pursuant to 24 CFR 91.105, notice is hereby given that on Thursday, April 28, 2011, at 7:05 p.m., or as soon
thereafter as the matter may be heard, the Council of the City of Roanoke, Virginia, will meet in the City
Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,
for the purpose of holding a public hearing on the City's recommended 2011-2012 HUD Funds Budget. All
persons shall be afforded an opportunity to speak and state their views concerning all aspects of the budget
within such reasonable time limits as shall be established by City Council. Written comments of interested
persons will be received by the City Clerk at any time prior to the hearing.
Complete copies of the Draft 2011-2012 Annual Update to the 2010-2015 Consolidated Plan, which includes
the recommended 2011-2012 budget, were made available for public inspection beginning Monday, April 4,
2011, at the City Clerk's office and the HUD Community Resources Division office, Rooms 456 South and
305 North, respectively, Noel C. Taylor Municipal Building, 215 Church Avenue, SW; all City Library
locations, including the Law Library; and the Roanoke Redevelopment and Housing Authority, 2624 Salem
Turnpike, NW. The Annual Update is also available on the City's website, www.roanokeva.gov. Comments
will be accepted in writing through Tuesday, May 3,2011, to the HUD Community Resources Division, Noel
C. Taylor Municipal Building, Room 305 North, 215 Church Avenue, SW, Roanoke VA 24011.
The recommended 2011-2012 HOO funding budget is as follows:
REVENUE ESTIMATES:
CDBG 2011-2012 Entitlement Grant
CDBG 2011-2012 Program Income
CDBG Prior Year Carry-over and Excess Program Income
HOME 2011-2012 Entitlement Grant
HOME 2011-2012 Program Income
HOME Prior Year Carry-over and Excess Program Income
ESG 2011-2012 Entitlement Grant
Local General Funds for HOME Match and Administration
TOTAL HUD REVENUE
RECOMMENDED EXPENDITURES:
Housing Development
Neighborhood and Economic Development
Human Services (including Homeless assistance)
Planning and Administration
TOTAL RECOMMENDED EXPENDITURES
$1,310,303
423,833
541,257
491,860
25,000
466,781
80,000
25,750
$3,364,784
$2,153,552
525,333
340,818
345.081
$3,364,784
All who desire to speak at the meeting should contact the City Clerk's office at 853-2541. Individuals with a
disability needing an accommodation should contact the City Clerk's office by April 25, 2011. For further
information about the meeting or inquire about the plan, contact the HUD Community Resources Division at
853-6405.
Given under my hand this 21 st day of April 2011.
Stephanie M. Moon, City Clerk.
NOTE TO ROANOKE TIMES:
Please publish this notice in the Roanoke Times for one day, Thursday, April 21,
2011. This notice may not appear in that portion of the newspaper reserved for
legal notices and classified advertisements.
Publish in full, block style. Use fonts and line spacing to produce a notice as close
as possible to 2 columns by no more than 5-1/2 column inches. Proofs must be
reviewed and approved by Frank Baratta, Department of Planning, Building and
Development, 853-6405, to whom all questions regarding this notice should be
addressed.
Send publisher's affidavit to: Stephanie M. Moon, City Clerk
Room 456, Municipal Building
21 5 Church Avenue, S.W.
Roanoke, VA 24011-1536
Send bill to: Frank Baratta
Dept. of Planning, Building and Development
HUD Community Resources Division
Room 305 North, Municipal Building
21 5 Church Avenue, S.W.
Roanoke, VA 24011-1536
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WATERSHED ASSOCIATION, INC.
HonRr~~I,f;)rM~Y;Qf:,~9~~lr~I.>~n$!J~9~n9;~~:pi.ty"E9~,n,~~b,... ,'l "',.i'hr',',,.. ;"~ ,..i ...' '",;""
.,.'....,~j~J,'.J."J ..-,.......". ~..d~\;..j,.t ~l T..5,~; ,.1(f~1 p, '0.:-.< ,U.l~.J'~~;~ ,;\"J ~~,;;:?",~~."d"l...tt; ,.,\ 'J .;"P_.r\"'\,,'f~.,d~ 'J)",o!~,.hu.~~
To, rovfd~Yhf8rAA~tioti.'::tfi~:di"vw~~Vi~ttb'g{ C'(l :'tb('thie;rFederafEmer~'~hg~8 l.-:;J1b'31'v~
Ma~~; '~mg;'ttAc~iJ~8 e,l$' Pfi~81il~~tijrfMi'ti~~~ah; Grcil1rrrP~af1Y !D~B~rhier;':r-~rR'~e
9 9 Y ~.'1"''''!''''''''i'''V' :"\'f' .-,....._!~i.,....:, ,....<"'"" b C-V'~,Y"~...,.. ,..,....ff.'~.p-..)'.l...~~.."":";-'"~'{~;
here representing the nascent Lick Run Watersned'AsSbeiation': ;J'tlC~ t(j':ask;;that-;:;!~.
funding b~~"iJ;l~9'.H?~~)n)tW~,y'j~,~~;~,ug\~:r~; ~?::~''r~: f\ (;' ; ',)\s;'Q:::rrJ~x)n':.~ I
· ~:~~g~s":~~~:!6~'fri :tb JiVartiEr:iH~ IH~ffifaP2a~ :itaf~sgtvic~~:\!:erlorme(fti~(lth~15;
LickYR{i~\Natere~~dIS~:flbo~pi~i~1iffM\~ktl~B$:}\'~)(! ".!i:J ,B:'it2C '.: ~"!C\;;:ii~i20qc~"
'~f',t' ~?:');;.r~.\.1 t~~~~;~~~Cf :~1 .H}:::: ~~~:..!~.~<~) ~ \n~ ~~..i. ~f?:J~~> '.:~ ;::rq;~:'~if} ;ov'r:" rf~ ~>)f;~ 'rL",
~;"~; ~;rr1r'i~",~.'1~;{ .':' '~(1~:trn':;,:~~'~i~\j~~,:; 1',.~q~V"~J:\ :.'''r'j~f''f''''! (..., ~~,""'{1,'lr'j (","t::i~"A~;:d.''''''':~~ ......\~-~,.;; ,....'.~ ~....._i ':~'~"";'''''r.Ci
.', "~6~~?jfl~~~9la~%~~klt~1~~~EfJ~~~~~~~Rt~1~w~~i1J~~~~~~~,~~:~~~~.:~;
Booke'r T. Washington Parks and by encouraging (incentivizing?j'7iOW'1';v,/(};'i
impact development (including retrofit) of the Lick Run and Trout Run
Watershed, . ',,'
· assess the potential for averting secondary (riverine) flooding by designing
a temporary levee to be placed in the railway cut under Elm Avenue,
r~~ ~ . _~, ~.: -T~'lr~ 'r
· assess the potential for averting tertiary flooding from thEM~QI'J{lq~gc~,~Qf)){;:3
Lick Run and Tinker Creek,by;aJP.e.nnanent' ear;tb.e.nil~Ye~.:a.n~(f1.90gga.tf;),:\Q'
be located at the Lick Run outfall or by design for a tempo~~ry~$andb~gun;
levee potentially to be located between the Norfolk and Sou1t:J~r:n-R~iIY9rq ~
and downtown, .
· assess the impact on Vinton, Roanoke County and other downstream
communities from future building in the Lick Run Watershed and from
construction of enlarged stormwater infrastructure under downtown
Roanoke.
"
Second, I ask the city to commission an economic development study that
assesses market demand for new commercial construction in the city and the
potential for such construction to generate additional tax revenue rather that
displace development income from one location to another. [In collaboration with
other municipal governments, perhaps working through the Virginia Municipa!
League, Roanoke should investigate means for cities to generate needed tax
revenue that don't perversely incentivize them to pave every greenfield.]
Third, I ask the,city to initiate an urban design process that allows development
decisions to be made in an integrated whole-systems context rather than
continue the current disintegral process of ad hoc decision-making. As a matter
of policy, refuse to review plans that do not show watershed context, topography,
floodplains, wetlands, et~.
", '
1....
I note that the History Museum of Western Virginia has an exhibit up through
May offering a photographic retrospective on the flood of '85.
Continue to support the buildi~~i5fY~s~1iUtig~~'l~~~tt1~'!Vi~Wil~T~gW~:C~ri'(iJWj;';;-
~::~a~~~~~m~~1~~~~rri~~4:~~~~u~~1(i~~~t~tf~P~~1il;I~~)~~W~1R~rd~' ~'i:
de~'I%' menrtro~on~: lacgt6'arlo'~~f~~:Jfnt'i. t:H~~,::~m.H'J!Y~ ,", \.~!,1:::1H'~~, jnb~"-';;'!';;Sr:f,l\'~
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"" '
I encourage you to read A National St~~ti~'~J~~'ri-jti~fltdJ~~1p~60id~{ iJ(;(;XP /t
:%~~~~~fi~E~~:~i~h~~~aWj~~~1W~j~~~~r{~l~7W~!i~:~~r~Q~~~~f.~~~~~~~.~~~ 1\
headwaters of three major river 6asins'ishstainabll't~aNe oUf~: lo~iical '~Iace for
~~:C~f~,~~~~~:~g!~~~J~~it'~~it~~~~~~ti~~~~}~iWg~~~~~~~h'a1H~7~~;bY m
down~tr.~~m:~,~:'~:~i')~,':'~'~~>;,:~;:./ \~,:,:t.f ::: :~~j~~. :~.):~',,::': j~il:: ,:~~:: :~~' f~,:~~~\J:~:~I:ii ~~~L~:::U'!l:!:
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Be of good cheer, '-' 1 bertB'ioh;-;V\,i
:9rit:1f:;esJ:; \(C~ ~;fd~'c!(}[r (~~:!l~:5\d"~} \rH3t\r~();.~C::~;3 ~~r,i1"1,,:,:',:f;. '1/~:'l !,::;HrI~l-Joo ~'-lr:'t::~'~""';:'~( '":.)
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Tom Cain
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adopting sustainability as an organizing concept for a national strategy...
we cannot export "smart power' until we practice "smart growth" at home
... it is in our interest to see the rest of the world prosper and the world
market thrive, just as it is in our interest to see our neighbors prosper and
our own urban centers and rural communities come back to life.
A NATIONAL STRA TEGle NARRATIVE
By Mr. Y
httD:/IwwW. wilsoncenter.ora/events/docs/A %20National%20Strateaic%20Narrative. Ddf
PREFACE
By Anne-Marie Slaughter
Bert G. Kerstetter '66 University Professor of Politics and International Affairs
Princeton University
Director of Policy Planning, U.S. Department of State, 2009-2011
The United States needs a national strategic narrative. We have a national
security strategy, which sets forth four core national interests and outlines a
number of dimensions of an overarching strategy to advance those interests in
the 21 st century world. But that is a document written by specialists for
specialists, It does not answer a fundamental question that more and more
Americans are asking. Where is the United States going in the world? How can
we get there?What are the guiding stars that will illuminate the path along the
way? We need a story with a beginning, middle, and projected happy ending that
will transcend our political divisions, orient us as a nation, and give us both a
common direction and the confidence and commitment to get to our destination,
These questions require new answers because of the universal 'awareness that
we are living through a time of rapid and universal change. The assumptions of
the 20th century, of the U.S. as a bulwark first against fascism and then against
communism, make little sense in a world in which World War II and its aftermath
is as distant to young generations today as the War of 1870 was to the men who
designed the United Nations and the international order in the late 1940s.
Consider the description of the U.S. president as "the leader of the free world," a
phrase that encapsulated U.S. power and the structure of the global order for
decades. Yet anyone under thirty today, a majority of the world's population,
likely has no idea what it means.
Moreover, the U.S, is experiencing its latest round of "declinism," the periodic
certainty that we are losing all the things that have made us a great nation. In a
National Journa{poll conducted in 2010,47% percent of Americans rated China's
economy as the world's strongest economy, even though today the U.S.
economy is still 2 1/2 times larger than the Chinese economy with only 1/6 of the
population. Our crumbling roads and bridges reflect a crumbling self-confidence.
Our education reformers often seem to despair that we can ever educate new
generations effectively for the 21st century economy. Our health care system
.
lags increasingly behind that of other developed nations - even behind British
National Health in terms of the respective overall health of the British and
American populations.
Against this backdrop, Captain Porter's and Colonel Mykleby's "Y article" could
not come at a more propitious time. In 1947 George Kennan published "The
Sources of Soviet Conduct" in Foreign Affairs under the pseudonym X, so as not
to reveal his identity as a U.S. Foreign Service Officer. The X article gave us an
intellectual framework within which to understand the rise and eventual fall of the
Soviet Union and a strategy to hasten that objective. Based on that foundation,
the strategic narrative of the Cold War was that the United States was the leader
of the free world against the communist world; that we would invest in
containing the Soviet Union and limiting its expansion while building a
dynamic economy and as just, and prosperous a society as possible. We
often departed from that narrative in practice, as George Kennan was one of the
first to recognize. But it was a narrative that fit the facts of the world we perceived
well enough to create and maintain a loose bipartisan national consensus for
forty years.
Porterand Mykleby give us a non-partisan blueprint for understanding and
reacting to the changes of the 21st century world. In one sentence, the strategic
narrative of the United States in the 21st century is that we want to become the
strongest competitor and most influential player in a deeply inter-
connected global system, which requires that we invest less in defense and
more in sustainable prosperity and the too.ls of effective global
engagement.
At first reading, this sentence may not seem to mark much of a change. But look
closer. The Y article narrative responds directly to five major transitions in the
global system:
1) From control in a closed system to credible influence in an open system.
The authors argue that Kennan's strategy of containment was designed for a
closed system, in which we assumed that we could control events through
deterrence, defense, and dominance of the international system. The 21st
century is an open system, in which unpredictable external events/phenomena
are constantly disturbing and disrupting the system. In this world control is
impossible; the best we can do is to build credible influence- the ability to shape
and guide global trends in the direction that serves our values and interests
(prosperity and security) within an interdependent strategic ecosystem. In other
words, the U.S. should stop trying to dominate and direct global events.
The best we can do is to build our capital so that we can influence events
as they arise.
2) From containment to sustainment. The move from control to credible
influence as a fundamental strategic goal requires a shift from containment to
sustainment (sustainability). Instead of trying to contain others (the Soviet
Union, terrorists, China, etc), we need to focus on sustaining ourselves in
ways that build our strengths and underpin credible influence. That shift in
turn means that the starting point for our strategy should be internal rather
than external. The 2010 National Security Strategy did indeed focus on national
renewal and global leadership, butthis account makes an even stronger case for
why we have to focus first and foremost on investing our resources domestically
in those national resources that can be sustained, such as our youth and our
natural resources (ranging from crops, livestock, and potable water to sources of
energy and materials for industry). We can and must still engage internationally,
of course, but only after a careful weighing of costs and benefits and with as
many partners as possible. Credible influence also requires that we model the
behavior we recommend for others, and that we pay close attention to the gap
between our words and our deeds.
3) From deterrence and defense to civilian engagement and competition.
Here in many ways is the hard nub of this narrative. Chairman of the Joint Chiefs
Admiral Mike Mullen has already said publicly that the U.S. deficit is our biggest
national security threat. He and Secretary of Defense Robert Gates have also
given speeches and written articles calling for "demilitarizing American foreign
policy" and investing more in the tools of civilian engagements - diplomacy and
defense. As we modernize our military arid cut spending on the tools of 20th
century warfare, we must also invest in a security complex that includes all
domestic and foreign policy assets. Our credibility also requires a willingness to
compete with others. Instead of defeatism and protectionism, we must embrace
competition as a way to make ourselves stronger and better (e.g. Ford today,
now competing with Toyota on electric cars). A willingness to compete means a
new narrative on trade and a new willingness to invest in the skills, education,
energy sources, and infrastructure necessary to make our products competitive.
4) From zero sum to positive sum global politics/economics. An
interdependent world creates many converging interests and opportunities for
positive-sum rather than zero-sum competition. The threats that come from
interdependence (economic instability, global pandemics, global terrorist and
criminal networks) also create common interests in countering those threats
domestically and internationally. President Obama has often emphasized the
significance of moving toward positive sum politics. To take only one example,
the rise of China as a major economic power has been overall very positive for
the U.S. economy and the prosperity and stability of East Asia. The United States
must be careful to guard our interests and those of our allies, but we miss great
opportunities if we assume that the rise of some necessarily means the decline of
others.
5) From national security to national prosperity and security. The piece
closes with a call for a National Prosperity and Security Act to replace the
National Security Act of 1947. The term "national security" only entered the
foreign policy lexicon after 1947 to reflect the merger of defense and foreign
affairs. Today our security lies as much or more in our prosperity as in our
military capabilities. Our vocabulary, our institutions, and our assumptions must
reflect that shift. "National security" has become a trump card, justifying military
spending even as the domestic foundations of our national strength are
crumbling. "National prosperity and security" reminds us where our true security
begins. Foreign policy pundits have long called for an overhaul of NSC 68, the
blueprint for the national security state that accompanied the grand strategy of
containment. If we are truly to become the strongest competitor and most
influential player in the deeply interconnected world of the 21st century, then we
need a new blueprint.
A narrative is a story. A national strategic narrative must be a story that all
Americans can understand and identify with in their own lives. America's
national story has always see-sawed between exceptionalism and universalism.
We think that we are an exceptional nation, but a core part of that
exceptionalism is a commitment to universal values - to the equality of all
human beings not just within the borders of the United States, but around the
world. We should thus embrace the rise of other nations when that rise is
powered by expanded prosperity, opportunity, and dignity for their peoples. In
such a world we do not need to see ourselves as the automatic leader of any
bloc of nations. We should be prepared instead to earn our influence through our
ability to compete with other nations, the evident prosperity and wellbeing of our
people, and our ability to engage not just with states but with societies in all their
richness and complexity. We do not want to be the sole superpower that billions
of people around the world have learned to hate from fear of our military might.
We seek instead to be the nation other nations listen to, rely on and emulate out
of respect and admiration,
The Y article is the first step down that new path. It is written by two military men
who have put their lives on the line in the defense of their country and who are
non-partisan by profession and conviction. Their insights and ideas should spark
a national conversation. All it takes is for politicians, pundits, journalists,
businesspeople, civic leaders, and engaged citizens across the country to read
and respond.
A NATIONAL STRATEGIC NARRATIVE
By Mr. Y
This Strategic Narrative is intended to frame our National policy decisions
regarding investment, security, economic development, the environment, and
engagement well into this century. It is built upon the premise that we must
sustain our enduring national interests - prosperity and security - within a
"strategic ecosystem," at home and abroad; that in complexity and uncertainty,
there are opportunities and hope, as well as challenges, risk, and threat. The
primary approach this Strategic Narrative advocates to achieve sustainable
credible influence to pursue our enduring national interests in a sustainable
manner requires strength with restraint, power with patience, deterrence with
detente. The economic, diplomatic, educational, military, and commercial tools
through which we foster that credibility must always be tempered and hardened
by the values that define us as a people.
Our Values and Enduring Nationa/lnterests
America was founded on the core values and principles enshrined in our
Constitution and proven through war and peace. These values have served as
both our anchor and our compass, at home and abroad, for more than two
centuries. Our values define our national character, and they are our source of
credibility and legitimacy in everything we do. Our values provide the bounds
within which we pursue our enduring national interests. When these values are
no longer sustainable, we have failed as a nation, because without our values,
America has no credibility, As we continue to evolve, these values are
reflected in a wider global application: tolerance for all cultures, races, and
religions; global opportunity for self-fulfillment; human dignity and
freedom from exploitation; justice with compassion and equality under
internationally recognized rule of law; sovereignty without tyranny, with
assured freedom of expression; and an environment for entrepreneurial
freedom and global prosperity, with access to markets, plentiful water and
arable soil, clean and abundant energy, and adequate health services.
From the earliest days of the Republic, America has depended on a vibrant free
market and an indomitable entrepreneurial spirit to be the engines of our
prosperity. Our strength as a world leader is largely derived from the central role
we play in the global economy. Since the Bretton Woods agreement of 1944, the
United States has been viewed as an anchor of global economic security and the
U.S. dollar has served as an internationally recognized medium of exchange, the
monetary standard. The American economy is the strongest in the world and
likely to remain so well into the foreseeable future. Yet, while the dramatic
acceleration of globalization over the last fifteen years has provided for the
cultural, intellectual and social coming ling among people on every continent, of
every race, and of every ideology, it has also increased international economic
interdependence and has made a narrowly domestic economic perspective
an unattractive impossibility. Without growth and competition economies
stagnate and wither, so sustaining America's prosperity requires a healthy
global economy. Prosperity at home and through global economic
competition and development is then, one of America's enduring national
interests.
It follows logically that prosperity without security is unsustainable. Security is a
state of mind, as much as it is a physical aspect of our environment. For
Americans, security is very closely related to freedom, because security
represents freedom from anxiety and external threat, freedom from disease and
poverty, freedom from tyranny and oppression, freedom of expression but also
freedom from hurtful ideologies, prejudice and violations of human rights.
Security cannot be safeguarded by borders or natural b~rriers; freedom cannot
be secured with locks or by force alone. In our complex, interdependent, and
constantly changing global environment, security is not achievable for one nation
or by one people alone; rather it must be recognized as a common interest
among all. peoples. Otherwise, security is not sustainaple, and without it there
can be no peace of mind. Security, then, is our other enduring national interest.
Our Three Investment Priorities
As Americans we have access to a vast array of resources. Perhaps the
most important first step we can take, as part of a National Strategy, is to
identify which of these resources are renewable and sustainable, and
which are finite and diminishing. Without doubt, our greatest resource is
America's young people, who will shape and execute the vision needed to take
this nation forward into an uncertain future. But this may require a reawakening,
of sorts. Perhaps because our nation has been so blessed over time, many of us
have forgotten that rewards must be earned, there is no "free ride" - that fair
competition and hard work bring with them a true sense of accomplishment. We
can no longer expect the ingenuity and labor of past generations to sustain our
growth as a nation for generations to come. We must embrace the reality that
with opportunity comes challenge, and that retooling our competitiveness
requires a commitment and investment in the future.
Inherent in our children is the innovation, drive, and imagination that have made,
and will continue to make, this country great. By investing energy, talent, and
dollars now in the education and training of young Americans - the scientists,
statesmen, industrialists, farmers, inventors, educators, clergy, artists, service
members, and parents, of tomorrow - we are truly investing in our ability to
successfully compete in, and influence, the strategic environment of the future.
Our first investment priority, then, is intellectual capital and a sustainable
infrastructure of education, health and social services to provide for the
continuing development and growth of America's youth.
Our second investment priority is ensuring the nation's sustainable security - on
, our own soil and wherever Americans and their interests take them. As has been
stated already, Americans view security in the broader context of freedom and
peace of mind. Rather than focusing primarily on defense, the security we seek
can only be sustained through a whole of nation approach to our domestic and
foreign policies. This requires a different approach to problem solving than we
have pursued previously and a hard look at the distribution of our national
treasure. For too long, we have underutilized sectors of our government
and our citizenry writ large, focusing intensely on defense and
protectionism rather than on development and diplomacy. This has been
true in our approach to domestic and foreign trade, agriculture and energy,
science and technology, immigration and education, public health and crisis
response, Homeland Security and military force posture. Security touches each
of these and must be addressed by leveraging all the strengths of our nation, not
simply those intended to keep perceived threat a safe arm's length away.
America is a resplendent, plentiful and fertile land, rich with natural resources,
bounded by vast ocean spaces, Together these gifts are ours to be enjoyed for
their majesty, cultivated and harvested for their abundance, and preserved for
following generations. Many of these resources are renewable, some are not. But
all must be respected as part of a global ecosystem that is being tasked to
support a world population projected to reach nine billion peoples midway
through this century. These resources range from crops, livestock, and potable
water to sources of energy and materials for industry. Our third investment
priority is ,to develop a plan for the sustainable access to, cultivation and
use of, the natural resources we need for our continued wellbeing,
prosperity and economic growth in the world marketplace.
Fair Competition and Deterrence
Competition is a powerful, and often misunderstood, concept. Fair competition-
of ideas and enterprises, among individuals, organizations, and nations - is what
has driven Americans to achieve greatness across the spectrum of human
endeavor. And yet with globalization, we seem to have developed a strange
apprehension about the efficacy of our ability to apply the innovation and hard
work necessary to successfully compete in a complex security and economic
environment. Further, we have misunderstood interdependence as a
weakness rather than recognizing it as a strength. The key to sustaining our
competitive edge, at home or on the world stage, is credibility - and credibility is
a difficult capital to foster. It cannot be wc;m through intimidation and threat, it
cannot be sustained through protectionism or exclusion. Credibility requires
engagement, strength, and reliability ..... imaginatively applied through the
national tools of development, diplomacy, and defense.
In many ways, deterrence is closely linked to competition. Like competition,
deterrence in the truest sense is built upon strength and credibility and cannot be
achieved solely through intimidation and threat. For deterrence to be effective,
it must leverage converging interests and interdependencies, while
differentiating and addressing diverging and conflicting interests that represent
potential threats. Like competition, deterrence requires a whole of nation effort,
credible influence supported by actions that are consistent with our national
interests and values. When fair competition, and positive influence through
engagement - largely dependent on the tools of development and diplomacy -
fail to dissuade the threat of destructive behavior, we will approach deterrence.
through a broad, interdisciplinary effort that combines development and
diplomacy with defense.
A Strategic Ecology
Rather than focusing all our attention on specific threats, risks, nations, or
organizations, as we have in the past, let us evaluate the trends that will shape
tomorrow's strategic ecology, and seek opportunities to credibly influence
, these to our advantage. Among the trends that are already shaping a "new
normal" in our strategic environment are the decline of rural economies,
joblessness, the dramatic increase in urbanization, an increasing demand for
energy, migration of populations and shifting demographics, the rise of grey
and black markets, the phenomenon of extremism and anti-modernism, the
effects of global climate change, the spread of pandemics and lack of access to
adequate health services, and an increasing dependency on cyber networks. At
first glance, these trends are cause for concern. But for Americans with vision,
guided by values, they represent opportunities to reestablish and leverage
credible influence, converging interests, and interdependencies that can
transform despair into hope., This focus on improving our strategic ecosystem,
and favorably competing for' our national interests, underscores the investment
priorities cited earlier, and the imaginative application of diplomacy, development,
and defense in our foreign policy.
Many of the trends affecting our environment are conditions-based. That is, they
have developed within a complex system as the result of conditions left
unchecked for many years. These global trends, whether manifesting themselves
in Africa, the Middle East, Asia, Eurasia, or within our own hemisphere impact
the lives of Americans in ways that are often obscure as they propagate over
vast areas with cascading and sometimes catastrophic effect.
Illiteracy; for example, is common in countries with high birth rates. High birth
rates and illiteracy contribute to large labor pools and joblessness, particularly in
rural areas in which ,changing weather conditions have resulted in desertification
and soil erosion. This has led to the disruption of family and tribal support
structures,and the movement of large numbers of young, unskilled people into
urban areas that lack infrastructure. This rapid urbanization has taxed countries
with weak governance that lack rule of law, permitting the further growth of
exploitive, grey and black market activities, Criminal networks prey upon and
contribute to the disenfranchisement of a sizeable portion of the population in
many underdeveloped nations. This concentration of disenfranchised youth, with
little-to-no licit support infrastructure has provided a recruiting pool for extremists
seeking political support and soldiers for local or foreign causes, often facilitated
through the internet. The wars and instability perpetrated by these extremists and
their armies of the disenfranchised have resulted in the displacement of many
thousands more, and the further weakening of governance. This displacement
has, in many cases, produced massive migrations of disparate families, tribes,
and cultures seeking a more sustainable existence. This migration has further
exacerbated the exploitation of the weak by criminal and ideological profiteers
and has facilitated the spread of diseases across natural barriers previously
considered secure. The effect has been to create a kind of subculture of despair
and hopelessness that is self-perpetuating. At some point, these underlying
conditions must be addressed by offering choices and options that will nudge
global trends in a positive direction. America's national interests and values are
not sustainable otherwise.
We cannot isolate our own prosperity and security from the global system. Even
in a land as rich as ours, we too, have seen the gradual breakdown of rural
communities and the rapid expansion of our cities. We have experienced
migration, crime, and domestic terrorism. We struggle with joblessness and
despite a low rate of illiteracy, we are losing our traditional role of innovation
dominance in leading edge technologies and the sciences. We are, in the truest
sense, part of an interdependent strategic ecosystem, and our interests
converge with those of people in virtually every corner of the world. We
must remain cognizant of this, and reconcile our domestic and foreign
policies as being complementary and largely congruent.
As we pursue the growth of our own prosperity and security, the welfare of our
citizens must be seen as part of a highly dynamic, and interconnected system
that includes sovereign nations, world markets, natural and man-generated
challenges and solutions - a system that demands adaptability and innovation. In
this strategic environment, it is competition that will determine how we evolve,
and Americans must have the tools and confidence required to successfully
compete.
This begins at home with quality health care and education, with a vital economy
and low rates of unemployment, with thriving urban centers and carefully planned
rural communities, with low crime, and a sense of common purpose underwritten
by personal responsibility. We often hear the term "smart power" applied to the
tools of development and diplomacy abroad empowering people all over the
world to improve their own lives and to help establish the stability needed to
sustain security and prosperity on a global scale. But we cannot export "smart
power' until we practice "smart growth" at home. We must seize the
opportunity to be a model of stability, a model of the values we cherish for
the rest of the world to emulate. And we must ensure that our domestic
policies are aligned with our foreign policies. Our own "smart growth" can
serve as the exportable model of "smart power." Because, truthfully, it is in
our interest to see the rest of the world prosper and the world market
thrive, just as it is in our interest to see our neighbors prosper and our own
urban centers and rural communities come back to life.
Closing the "Say-do" Gap - the Negative Aspects of "Binning"
An important step toward re-establishing credible influence and applying it
effectively is to close the "say-do" gap. This begins by avoiding the very western
tendency to label or "bin" individuals, groups, organizations, and ideas. In
complex systems, adaptation and variation demonstrate that "binning" is not only
difficult, it often leads to unintended consequences. For example, labeling, or
binning, Islamist radicals as "terrorists," or worse, as "jihadis," has resulted in two
very different, and unfortunate unintendedmisperceptions: that all Muslims are
thought of as "terrorists;" and, that those who pervert Islam into a hateful,anti-
modernist ideology to justify unspeakable acts of violence are truly motivated by
a religious struggle (the definition of "jihad," and the obligation of all Muslims),
rather than being seen as apostates waging war against society and innocents.
This has resulted in the alienation of vast elements of the global Muslim
community and has only frustrated efforts to accurately depict and marginalize
extremism. Binning and labeling are legacies of a strategy intent on viewing the
world as a closed system.
Another significant unintended consequence of binning, is that it creates divisions
within our own government and between our own domestic and foreign policies.
As has been noted, we cannot isolate our own prosperity and security from
the global system. We exist within a strategic ecology, and our interests
converge with those of people in virtually every corner of the world, We
must remain cognizant of this,' and reconcile our domestic and foreign policies as
being complementary and largely congruent. Yet we have binned government
departments, agencies, laws, authorities,_and programs into lanes that lack the
strategic flexibility and dynamism to effectively adapt to the global environment.
This, in turn, further erodes our credibility,diminishes our influence, inhibits our
competitive edge, and exacerbates the say-do gap.
The tools to be employed in pursuit of our national interests - development,
diplomacy, and defense - cannot be effective if they are restricted to one
government department or another. In fact, ifthese tools are not employed within
the context of a coherent national strategy, vice being narrowly applied in
isolation to individual countries or regions, they will fail to achieve a sustainable
result. By recognizing the advantages of interdependence and converging
interests, domestically and internationally, we gain the strategic flexibility
to sustain our national interests without compromising our values. The
tools of development do not exist within the domain of one government
department alone, or even one sector of society, anymore than do the tools of
diplomacy or defense.
Another form of binning that impedes strategic flexibility, interdependence, and
converging interests in the global system, is a geo-centric approach to foreign
policy. Perhaps since the Peace of West phali a in 1648, westerners have tended
to view the world as consisting of sovereign nation-states clearly distinguishable
by their political borders and physical boundaries. In the latter half of the
Twentieth Century a new awareness of internationalism began to dominate
political thought. This notion of communities of nations and regions was further
broadened by globalization. But the borderless nature of the internet, and the
accompanying proliferation of stateless organizations and ideologies, has
brought with it a new appreciation for the interconnectivity of today's strategic
ecosystem. In this "new world order," converging interests create
interdependencies, Our former notion of competition as a zero sum game that
allowed for one winner and many losers, seems as inadequate today as
Newton's Laws of Motion (written about the same time as the Westphalia Peace)
did to Albert Einstein and quantum physicists in the early Twentieth Century. It is
time to move beyond a narrow Westphalian vision of the world, and to recognize
the opportunities in globalization.
Such an approach doesn't advocate the relinquishment of sovereignty as it is
understood within a Westphalian construct. Indeed, sovereignty without tyranny
is a fundamental American value. Neither does the recognition of a more
comprehensive perspective place the interests of American citizens behind; or
even on par with those of any other country on earth. It is the popular
convergence of interests among peoples, nations, cultures, and
movements that will determine the sustainability of prosperity and security
in this century. And it is credible influence, based on values and strength that
will ensure America's continuing role as a world leader. Security and prosperity
are not sustainable in isolation from the rest of the global system. To close
the say-do gap, we must stop behaving as if our national interests can be
pursued without regard for our values.
Credible Influence in a Strategic Ecosystem
Viewed in the context of a strategic ecosystem, the global trends and conditions
cited earlier are seen to be borderless. The application of credible influence to
further our national interests, then, should'be less about sovereign borders and
geographic regions than the means and scope of its conveyance. By addressing
the trends themselves, we will attract others in our environment also affected.
These converging interests will create opportunities for both competition and
interdependence, opportunities to positively shape these trends to mutual
advantage. Whether this involves out-competing the grey and black market,
funding research to develop alternate and sustainable sources of energy,
adapting farming for low-water-Ievel environments, anticipating and
limiting the effects of pandemics, generating viable economies to relieve
urbanization and migration, marginalizing extremism and demonstrating the
futility of anti-modernism, or better managing the global information grid -
international divisions among people will be less the focus than flexible and
imaginative cooperation. Isolation - whether within national borders, physical
boundaries, ideologies, or cyberspace - will prove to be a great disadvantage for
any competitor in the evolution of the system.
The advent of the internet and world wide web, that ushered in the information
age and greatly accelerated globalization, brought with it profound second and
third order effects the implications of which have yet to be fully recognized or
understood. These effects include the near-instantaneous and anonymous
~
exchange of ideas and ideologies; the sharing and manipulation of previously
protected and sophisticated technologies; vast and transparent social networking
that has homogenized cultures, castes, and classes; the creation of complex
virtual worlds; and, a universal dependence on the global grid from every sector
of society that has become almost existential. The worldwide web has also
facilitated the spread of hateful and manipulative propaganda and extremism; the
theft of intellectual property and sensitive information; predatory behavior and the
exploitation of innocence; and the dangerous and destructive prospect of cyber
warfare waged from the shadows of non-attribution and deception.
Whether this revolution in communication and access to information is viewed as
the democratization of ideas, or as the technological catalyst of an apocalypse,
nothing has so significantly impacted our lives in the last one hundred years. Our
perceptions of self, society, religion, and life itself have been challenged.
But cyberspace is yet another dimension within the strategic ecosystem, offering
opportunity through complex interdependence. Here, too, we must invest the
resources and develop the capabilities necessary to sustain our prosperity and
security without sacrificing our values.
Opportunities beyol)d Threat and Risk
As was stated earlier, while this Strategic Narrative advocates a focus on the
opportunities inherent in a complex global system, it does not pretend that greed,
corruption, ancient hatreds and new born apprehensions won't manifest into very
real risks that could threaten our national interests and test our values.
Americans must recognize this as an inevitable part of the strategic environment
and continue to maintain the means to minimize, deter; or defeat these diverging
or conflicting interests that threaten our security. This calls for a robust,
technologically superior, and agile military - equally capable of responding to
low-end, irregular conflicts and to major conventional contingency operations. But
it also requires a strong and unshakable economy, a more d!verse and
deployable Inter-Agency, and perhaps most importantly a well-informed and
supportive citizenry. As has also been cited, security means far more than
defense, and strength denotes more than power. We must remain committed to a
whole of nation application of the tools of competition and deterrence:
development, diplomacy, and defense. Our ability to look beyond risk and
threat - to accept them as realities within a strategic ecology - and to focus
on opportunities and converging interests will determine our success in
pursuing our national interests in a sustainable manner while maintaining
our national values. This requires the projection of credible influence and
strength, as well as confidence in our capabilities as a nation. As we look ahead,
we will need to determine what those capabilities should include.
As Americans, our ability to remain relevant as a world leader, to evolve as a
nation, depends as it always has on our determination to pursue our national
interests within the constraints of our core values. We must embrace and respect
" # {,
diversity and encourage the exchange of ideas, welcoming as our own those who
share our values and seek an opportunity to contribute to our nation. Innovation,
imagination, and hard work must be applied through a national unity of effort that
recognizes our place in the global system. We must accept that to be great
requires competition and to remain great requires adaptability, that competition
need not demand a single winner, and that through converging interests we
should seek interdependencies that can help sustain our.interests in the
global strategic ecosystem. To achieve this we will need the tools of
development, diplomacy and defense - employed with agility through an
integrated whole of nation approach. This will require the prioritization of our
investments in intellectual capital and a sustainable infrastructure of education,
health and social services to provide for the continuing development and growth
of America's youth; investment in the nation's sustainable security - on our own
soil and wherever Americans and their interests take them, including space and
cyberspace; and investment in sustainable access to, cultivation and use of, the
natural resources we need for our continued wellbeing, prosperity and economic
growth in the world marketplace. Only by developing internal strength through
smart growth at home and smart power abroad, applied with strategic agility, can
we muster the credible influence needed to remain a world leader.
A National Prosperity and Security Act
Having emerged from the Second World War with the strongest economy, most
powerful military, and arguably the most stable model of democracy, President
Truman sought to better align America's security apparatus to face the
challenges of the post-war era. He did this through the National Security Act of
1947 (NSA-47). Three years later, with the rise of Chinese communism and the
first Russian test of a nuclear device, he ordered his National Security Council to
consider the means with which America could confront the global spread of
communism. In 1950, President Truman signed into law National Security
Council finding 68 (NSC 68). Often called the "blueprint" for America's Cold War
strategy of containment, NSC 68 leveraged not only the National Security
structures provided by NSA 47, but recommended funding and authorization for a
Department of Defense-led strategy of containment, with other agencies and
departments of the Federal government working in supporting roles. NSA 47 and
NSC 68 provided the architecture, authorities and necessary resources required
for a specific time in our nation's progress.
Today, we find ourselves in a very different strategic environment than that of the
last half of the Twentieth Century. The challenges and opportunities facing us are
far more complex, multinodal, and interconnected than we could have imagined
in 1950. Rather than narrowly focus on near term risk and solutions for
today's strategic environment, we must recognize the need to take a longer
view, a generational view, for the sustainability of our nation's security and
prosperity. Innovation, flexibility, and resilience are critical characteristics
to be cultivated if we are to maintain our competitive edge and leadership role in
prosperity and security, is through the application of credible influence and
strength, the pursuit of fair competition, acknowledgement of interdependencies
and converging interests, and adaptation to complex, dynamic systems - all
bounded by our national values.
From Containment to Sustai"ment: Control to Credible Influence
For those who believe that hope is not a strategy, America must seem a strange
contradiction of anachronistic values and enduring interests amidst a constantly
changing global environment. America is a country conceived in liberty, founded
on hope, and built upon the notion that anything is possible with enough hard
work and imagination. Over time we have continued to learn and mature even as
we strive to remain true to those values our founding fathers set forth in the
Declaration of Independence and our Constitution.
America's national strategy in the second half of the last century was anchored in
the belief that our global environment is a closed system to be controlled by
mankind - through technology, power, and determination - to achieve security
and prosperity. From that perspective, anything that challenged our national
interests was perceived as a threat or a risk to be managed. For forty years our
nation prospered and was kept secure through a strategy of containment. That
strategy relied on control, deterrence, and the conviction that given the choice,
people the world over share our vision for a better tomorrow. America emerged
from the Twentieth Century as the most powerful nation on earth. But we failed to
recognize that dominance, like fossil fuel, is not a sustainable source of energy.
The new century brought with it a reminder that the world, in fact, is a complex,
open system - constantly changing. And change brings with it uncertainty. What
we really failed to recognize, is that in uncertainty and change, there is
opportunity and hope.
It is time for America to re-focus our national interests and principles through a
long lens on the global environment of tomorrow. It is time to move beyond a
strategy of containment to a strategy of sustainment (sustainability); from
an emphasis on power and control to an emphasis on strength and
influence; from,a defensive posture of exclusion, to a proactive posture of
engagement. We must recognize that security means more than defense, and
sustaining security requires adaptation and evolution, the leverage of converging
interests and interdependencies. To grow we must accept that competitors are
not necessarily adversaries, and that a winner does not demand a loser. We
must regain our credibility as a leader among peers, a beacon of hope, rather
than an island fortress. It is only by balancing our interests with our
principles that we can truly hope to sustain our growth as a nation and to
restore our credibility as a world leader.
As we focus on the opportunities within our strategic environment, however, we
, must also address risk and threat. It is important to recognize that developing
.,~, l,
this century. To accomplish this, we must take a hard look at our interagency
structures, authorities, and funding proportionalities. We must seek more
flexibility in public / private partnerships and more fungibility across
departments. We must provide the means for the functional application of
development, diplomacy, and defense rather than continuing to organizationally
constrain these tools. We need to pursue our priorities of education, security, and
access to natural resources by adopting sustainability as an organizing
concept for a national strategy. This will require fundamental changes in
policy, law, and organization.
What this calls for is a National Prosperity and Security Act, the modern day
equivalent of the National Security Act of 1947. This National Prosperity and
Security Act would: integrate policy across agencies and departments of
the Federal government and provide for more effective public/private
partnerships; increase the capacity of appropriate government departments and
agencies; align Federal policies, taxation, research and development
expenditures and regulations to coincide with the goals of sustainability; and,
converge domestic and foreign policies toward a common purpose. Above all,
this Act would provide for policy changes that foster and support the innovation
and entrepreneurialism of America that are essential to sustain our qualitative
growth as a people and a nation. We need a National Prosperity and Security Act
and a clear plan for its application that can serve us as well in this strategic
environment, as NSA 47 and NSC 68 served a generation before us.
A Beacon of Hope, a Pathway of Promise
This Narrative advocates for America to pursue her enduring interests of
prosperity and security through a strategy of sustainability that is built upon the
solid foundation of our national values. As Americans we needn't seek the
world's friendship or to proselytize the virtues of our society. Neither do we seek
to bully, intimidate, cajole, or persuade others to accept our unique values or to
share our national objectives. Rather, we will let others draw their own
conclusions based upon our actions. Our domestic and foreign policies will reflect
unity of effort, coherency and constancy of purpose. We will pursue our national
interests and allow others to pursue theirs, never betraying our values. We will
seek converging interests and welcome interdependence. We will encourage fair
competition and will not shy away from deterring bad behavior. We will accept
our place in a complex and dynamic strategic ecosystem and use credible
influence and strength to shape uncertainty into opportunities. We will be a
pathway of promise and a beacon of hope, in an ever-changing world,
Mr. Y is a pseudonym for CAPT Wayn~ Porter, USN and Col Mark "Puck" Mykleby, USMC who
are actively serving military officers. The views expressed herein are their own and do not reflect
the official policy or position of the U. S. Navy, the U. S, Marine Corps, the Department of Defense
or the U. S, government.
8rtVfJfOYiJ ~ #--JJ
Good evening and thank you for the opportunity to address
Council. I'm Braxton Naff, most of you know me as a local
businessman and neighborhood advocate.
I'd like to commend all of you and especially Chris for his
"Budgeting for Outcomes" program. It is a very transparent
process that encourages accountability and efficiency.
Most of the people in this room are asking you for money. I
might be the only one tonight who has a plan to save us some
money. On page 45 of the Recommended Budget, under
"additional uses of excess debt funding" there is $75,000 for
Deer Culling.
I've worked with many different neighborhoods around
Roanoke and deer conflicts are a common issue. It more
severely affects our rural neighborhoods like Greater Deyerle
and South Roanoke. We've spent hundreds of thousands of
taxpayer dollars in past years paying to cull deer.
However, there is a cost-free solution to control the deer
population called Urban Archery where citizens can bow hunt
on private property wI permission during regular hunting
seasons. It has been approved at the State level by the General
Assembly since 2002. Since then, it has been successfully
utilized by over 30 localities throughout Virginia. The list of
those participating includes: Lynchburg, Blacksburg,
Christiansburg, Danville, Martinsville, Radford, Rocky Mount,
Pulaski, Staunton, Fredericksburg, Richmond, and Winchester.
Some cities add a few basic regulations like a hunter must be at
least 10 feet in the air, or a property must be larger than one
acre. How is Roanoke different than these other communities?
Last April, I woke up with a major pain on my left side. Upon
further inspection, there was a large bruise and bull's eye with
a deer tick or black legged tick embedded in my skin. I had to
take heavy doses of antibiotics to combat Lyme's Disease. I
also constantly find deer ticks on my dog and it's because these
ticks feed and breed on deer. It is very common to see a herd of
eight deer at a time grazing in my back yard.
I'm a conservationist and would never want to eradicate
wildlife in the City, but game populations need to be kept in
check. Too many deer cause damage to vehicles, landscaping,
and personal property. Because deer are not hunted here,
Roanoke has become a refuge for unregulated growth and
populations have flourished.
I grow a wide variety of Fruits, Berries, and Vegetables. I try
to plant enough for the deer to enjoy, so there is some left for
my friends and family. I'd also like to stress how much I've
benefited from the Programs offered by the Virginia
Cooperative Extension Office. I've taken numerous gardening
and landscaping classes there over the years, and as a result
serve on their Leadership Council.
In closing, Urban Archery is a classic win-win for the City and
it's citizens. It provides local governments with a proactive
approach for urban deer management. It doesn't cost a penny,
but will provide recreation and food for our residents, as well
as help control the deer populations. $75,000 is a substantial
amount in today's economy, and there are alot of worthy
organizations that could use the money.
Thank you for your consideration.
Naffb <naffb@aol.com>
05/02/2011 02:11 AM
To david.bowers@roanokeva,gov,
david. trinkle@roanokeva.gov, bi II: bestpitch@roanokeva.gov,
ray, ferris@roanokeva.gov, sherma n .Iea@roanokeva.gov.
cc
bcc
Subject Urban Archery is a Cost-Free Alternative to Expensive Deer
Culling
Dear City Manager and Honorable Members of Council,
I'm writing in response to the FY 2011-2012 Recommended Budget. I'd like to commend City
Staff, Council, and especially Chris on his "Budgeting for Outcomes" program. It has been a very
transparent process that identifies priorities and encourages accountability and efficiency.
My concern is under "Additional Uses of Excess Debt Funding", where there is $75,000 for Deer
Culling. I've worked with many different neighborhoods around Roanoke and deer-human
conflicts are a very common issue. It more severely affects our rural neighborhoods like Greater
Deyerle and South Roanoke. The City has spent hundreds of thousands of taxpayer dollars in past
years paying out of state companies to cull deer and this appears to be the highest yearly
expenditure ever.
However, there is a Cost-Free Solution to control the deer population called "Urban Archery". It
was created by the V A Department of Game and Inland Fisheries to assist towns and cities across
the Commonwealth with urban deer management issues. Licensed citizens can bow hunt on
private property w/ permission during regular hunting seasons,
It has been approved by the General Assembly at the State level since 2002. Since then, it has
been successfully utilized by over 30 localities throughout Virginia. The list of those
participating includes: Lynchburg, Blacksburg, Christiansburg, Danville, Martinsville, Radford,
Rocky Mount, Pulaski, Staunton, Fredericksburg, Richmond, and Winchester. Some cities add a
few basic regulations like a hunter must be at least 10 feet in the air, or a property must be larger
than one acre. The regulation that establishes this season is permissive, and the season was made
available to every incorporated city and town in Virginia, Therefore, the season is only "open" in
those towns, cities, and counties that requested to participate in writing to the DGIF. Roanoke
City has not yet asked to participate, Further info can be found at:
www .dgif. virginia, gov /hunting/urban-archery/
I'm a conservationist and would never want to eradicate wildlife in the City, but game
populations need to be kept in check. Too many deer cause damage to vehicles, landscaping, and
personal property. Roanoke has become a refuge for unregulated growth and populations have
flourished because deer are not hunted here. Excess deer are the reason so many coyotes now
make Roanoke City their horne,
It is very cornman to see a herd of eight deer at a time grazing in my back yard. Last April, I
woke up with a major pain on my left side. Upon further inspection, there was a large bruise and
bull's eye with a deer tick or black legged tick embedded in my skin. I had to take heavy doses of
antibiotics to combat Lyme disease. I also constantly find deer ticks on my dog. The sudden
influx of deer ticks in the City is because these ticks feed and breed on deer.
At the April 28th Public Budget Hearing in Council Chambers, there were two speakers who
discussed how the State's free Urban Archery Program would be very beneficial to Roanoke
City. It would create a large savings that could be used elsewhere, The program seemed to be
well received by Council and the audience. Councilman Bestpitch even suggested that an Urban
Archery permit could be issued to generate revenue.
In closing, Urban Archery is a classic win-win for the City and its citizens. It provides local
governments with a proactive approach for urban deer management. It doesn't cost a penny, but
will provide recreation and food for our residents, as well as help control the deer populations.
$75,000 is a substantial amount in today's economy, and there are many worthy organizations
that could use the money, I urge you to remove this expenditure from the Budget and institute
Urban Archery. Thank you for your consideration.
Sincerely,
Braxton Naff
Greater Deyerle Neighborhood Association
Roanoke President's Council
Roanoke Neighborhood Advocates
Roanoke City Council
Budget Public Hearing
April 28, 2011
Testimony of M. Rupert Cutler
204 S. Jefferson Street, Suite 4, Roanoke, VA 24011
Mayor and Members of Council, thank you for holding this public hearing on the
City's proposed fiscal year 2011-2012 budget.
Given the time constraint, I will first list those city programs about which I feel the
most strongly, to be sure of getting those comments on the record, and then provide a
list of other important programs I believe also deserve your support, as you complete
the budget-adoption process.
First, greenways.
Congratulations on your decision to continue to provide $200,000 a year for at
least the next five years for greenway trail construction in your capital improvement
program budget, as well as provide our share of the operating budget of the Roanoke
Valley Greenway Commission and enough money for City park and recreation staff to
maintain the trail system.
I serve on the development committee of the Roanoke Valley Greenway
Commission. I will be working with others to raise some $3 million from the private
sector over the next two years to match grants from federal, state and local government
sources earmarked for construction of the popular Roanoke River Greenway between
Bridge Street in Roanoke and Rotary Park in Salem. We call the campaign "Bridging
the Gap."
The City's greenway trails are its most popular outdoor recreation infrastructure,
and completion of the river greenway from Tinker Creek to the Montgomery County line
should be a top priority goal for all the four local jurisdictions involved.
I encourage you to use some of the $1.5 million earmarked for development of
the former Countryside Golf Course for an extension of the Lick Run Greenway, that I
watch birds on every Sunday morning!
I support the allocation of $1,120,000,a year over several years to begin
addressing the backlog of stormwater drain construction projects, although I hope you
will continue to work toward the creation of a stormwater utility with modest per-property
fees to fund an even more aggressive stormwater management program to treat
contaminants in the runoff as required by the Clean Water Act.
As a member of the Arts Commission I applaud your support of arts and culture
in the City through the appropriation of $287,749 to the Commission for its grants to
nonprofits and related work, You'll soon see attractive glass mosaic tile artwork at all
four entrances of the refurbished Market Building, an Arts Commission percent for the
art project. As you know, the Arts Commission is hard at work to bring you a City Arts
and Culture Plan to make the City's role in the arts and culture scene more effective.
Other budget items I believe to be of special importance include the $10,800 item
for Roanoke Valley Sister Cities, the $3,000 dues payment to the Blue Ridge Soil and
Water Conservation District, the $64,417 grant to the Blue Ridge Alleghany Planning
District, the small grant to the Roanoke Valley Arts Council (I wish it could be more),
and of course please provide all the support you can to our fine City public library
system.
I also support the $75,000 line item for deer culling, and I wish you could include
in your tight budget a small grant to the Western Virginia Land Trust to cover the cost of
monitoring conservation easements in the City and at least a token amount set aside for
the envisioned bus service to connect Roanoke with the Amtrak train service in
Lynchburg.
Thank you for your attention.
~e )(WOr' ~It
/U.~O{J....
C')
The Impact of 4- H Camp
Hello Mayor Bowers, Vice-May-or Bowers and all of the city council -
members. My name is Raekwon Moore; I am a sophomore at Patrick Henry High
Schoo1.Aiid I'm here on behalf of the Virginia Cooperative Extension to talk
about on of its most important programs 4-H and the impact that 4-H has had on
me and many others 4-H allows people to come together from all different back
rounds. Allow people to do things they never thought they could or would be able
to do. Every year over 200 campers from across our region come to camp for that
very reason. Some come year after year ever since they were a toddler. But for
c__:/
some its there first. Their first time not only coming to camp but there first time
experiencing anything outside of their neighborhoods. 4-H has impacted me and
others by teaching us things we could have never learned inside a classroom.
Teaching us leadership skills that could only be learned in a hands on
environment. And instilling in us the duty of responsibly that we will take with us
for the rest of lives. The the Virginia Cooperative Extension also provides many
othere opportunities that allow us to give back to our community.
(j)
J~~ lJJ(j:J S ~I 9
I've been involved with 4H for 6 or 7 years now and 4H has provided me with leadership roles,
and':epportunities to meet amazing people, along with learning not to be afraid of who I am and
being myself. Although 4H started out as a farming program for different rural areasjver the
years it has become a place for kids in the city as well. Like me, many city teens get involved
with 4H to have the chance at camp to provide as a good role model for younger kids. As a
teen who has been a camper before being a teen I know first-hand at how much I looked up to
my teen counselors. When I was a camper I overcame many different fears I faced, one being
insecurity. As a teen I hope to provide other kids who may have this fear the opportunity to
love who they are and make friends along with overcoming many other fears they may have.
Not only that but 4H is just fun. Kids look forward to it every single year. Not only the kids but
the teens do as well. We spend all year preparing ourselves for the one week of camp ahead of
us in the summer. We have meetings at least once a month and a weekend training program.
even count down the days until camp (81 days). Being a teen at 4H camp inspired me to be a
teen at the DARE and Chiefs Challenge program as well last year along with helping lead an
acting workshop through 4H for kids. 4H to me means ey.~!y.thing.JtmeaJ:l$aho~.eI'i.a.week
,
during the summer, a place to have fun, to 'be ourselves, to overcome fears, to meet new
people, to experience thingswe can't do at home. 4H means being a better person, enjoying
nature, having spirit, being enthusiastic, singing favorite camp songs, and sharing a good time
with everyone. I love 4H so much it has been a huge part of my life and in my opinion 4H
deserves to keep its entire budget.
'/. ~'