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HomeMy WebLinkAboutCouncil Actions 11-04-13 FERRIS 39792-110413 J.'i ROANOKE CITY COUNCIL INFORMAL SESSION NOVEMBER 4, 2013 9:00 A.M. CITY COUNCIL CHAMBER ROOM 450 AGENDA Call to Order -- Roll Call - Mayor Bowers was absent and Council Member Price arrived late. Welcome. Vice-Mayor Court G. Rosen. NOTICE Today's briefings will be televised live and replayed on RVTV Channel 3 on Thursday, November 7 immediately following the 2:00 p.m. session at 7:00 p.m.; and Saturday, November 9 at 4:00 p.m. Council Meetings are offered with closed captioning for the hearing impaired. ITEMS FOR ACTION: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. (5-0) 1 A communication from Council Member Anita J. Price, Chair, City Council Personnel Committee requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (5-0) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. (5 MINUTES) TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. (5 MINUTES) At 9:03 a.m., the meeting was recessed for a Legislative Committee Meeting; and thereafter reconvened for briefings, as set forth below: At 9:20 a.m., the meeting reconvened to receive the following briefings: • Franklin Road Bridge Replacement - 30 minutes • Financial Policies Revisions - 30 minutes • Stormwater Utility Follow-up - 60 minutes At this point, Council Member Price entered the meeting. (11:00 a.m.) AT 11:12 A.M. THE COUNCIL MEETING WAS RECESSED UNTIL 2:00 P.M., FOR CLOSED MEETINGS IN COUNCIL'S CONFERENCE ROOM, ROOM 451, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 o.dY' ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 4, 2013 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. Mayor Bowers was absent. The Invocation was delivered by The Reverend Maurita Wiggins, Pastor, Valley Community Church Divine Science. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Rosen. Welcome. Vice-Mayor Rosen. NOTICE Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 7 at 7:00 p.m., and Saturday, November 9 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. 3 THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK 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 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 EXPIRATIONS OF TERMS OF OFFICE: ARCHITECTURAL REVIEW BOARD (TWO FOUR-YEAR TERMS OF OFFICE (KNOWLEDGE OF HISTORIC PRESERVATION) BUILDING AND FIRE CODE BOARD OF APPEALS (ONE UNEXPIRED TERM ENDING JUNE 30, 2015) HUMAN SERVICES ADVISORY BOARD (ONE UNEXPIRED TERM ENDING NOVEMBER 30, 2014) ROANOKE NEIGHBORHOOD ADVOCATES (ONE THREE-YEAR TERM OF OFFICE) 4 TOWING ADVISORY BOARD (TWO THREE-YEAR TERMS OF OFFICE TOW ENFORCERS ONLY) 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the Police Department — Certified Crime Prevention Community. Rick Arrington, Department of Criminal Justice Services, presented Chief Chris Perkins with a plaque. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. NONE. 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 A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 18, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a request from United Methodist Community Outreach Program of Roanoke, a non-stock, not for profit corporation, for tax exemption of personal property in the City located at 305 Mountain Avenue, S. W. RECOMMENDED ACTION: Concurred in the request. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 18, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a request from Roanoke Gospel Outreach Center, Inc., a non-stock, not for profit corporation, for tax exemption of personal property in the City located at 9 Salem Avenue, S. W. RECOMMENDED ACTION: Concurred in the request. 5 C-3 A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 18, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposed sale of City-owned property located at 802 Wiley Drive, S. W., identified as a portion of Official Tax Map No. 1130901, to conform Council approval to the intent of the parties. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 18, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the execution of a Management Contract and Lease Agreement with Global Spectrum. RECOMMENDED ACTION: Concurred in the request. C-5 Report of qualification of Joseph A. Wood as a member of the Towing Advisory Board for a term of office ending October 31, 2014. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from the City Sheriff recommending acceptance and appropriation of funds for the State Criminal Alien Assistance Program (SCARP) Reimbursement Grant to be administered by the Bureau of Justice Assistance Office of Justice Programs in conjunction with the U. S. Department of Homeland Security; and a communication from the City Manager concurring in the recommendation. Adopted Resolution No. 39792-110413 and Budget Ordinance No. 39793-110413 (6-0). 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 6 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of Certified Local Government Grant funds from the Virginia Department of Historic Resources to host an Architectural Review Board educational pre-conference workshop on Sunday, October 20, 2013, to coincide with the Virginia Preservation Conference scheduled in the City of Roanoke on October 20 — 22, 2013. Adopted Resolution No. 39794-110413 and Budget Ordinance No. 39795-110413 (6-0). 2. Authorization to execute an additional Change Order to the City's contract with Adams Construction Company in connection with the Pheasant Ridge Road Pavement Reconstruction Project. Adopted Ordinance No. 39796-110413 (6-0). 3. Authorization to execute an Energy Pulse Agreement with Appalachian Power Company for installation of meters to capture electric pulse data to monitor electricity reduction at seven facilities to ensure that Roanoke receives maximum payment for each demand response event, with an effective date of October 7, 2013. Adopted Resolution No. 39797-110413 (6-0). 4. Authorization to execute of an Agreement among the City of Roanoke, Norfolk Southern Railway Company and Carilion Services, Inc., to complete relocation of the railway grade crossing and realignment of a portion of Reserve Avenue, S. W. Adopted Resolution No. 39798-110413 (6-0). 5. Authorization to execute a Ground Lease Agreement between the City of Roanoke and Roanoke County to facilitate construction of a Roanoke County Police Academy to provide a more efficient means of police academy and in-service training programs for the police departments of both the City and the County. Adopted Ordinance No. 39799-110413 (6-0). 6. Authorization to execute an Operating Agreement between the City of Roanoke and Roanoke County, which will govern the method by which shared/common facilities, utilities, and other expenses will be allocated upon completion of the Roanoke County Police Academy building at the existing City of Roanoke Police Academy site at 5401 Barns Avenue, N. W. Adopted Ordinance No. 39800-110413 (6-0). 7 COMMENTS OF CITY MANAGER. The City Manager shared the following comments: Regional recognition • Roanoke was voted BEST TRAIL TOWN by readers of Blue Ridge Outdoors magazine • Quote from magazine: "The ease with which visitors can locate trailheads and navigate in-town trail systems sets Roanoke apart from most other outdoor towns. On any given night, locals and out-of-towners can be found shredding single-track in Carvins Cove or hiking Mill Mountain." Leaf Collection Program • Solid Waste Management will begin collecting bagged leaves starting the week of November 10. • The City will only accept biodegradable paper leaf bags during leaf collection weeks. These bags are available at local hardware stores, home centers, and other retailers. • Residents should put their bagged leaves at the curb on the same day as their paper recycling is normally picked up. • There is no limit to the number of paper leaf bags residents may place at the curb for pickup. • Additional collections of leaves in paper bags will take place the weeks of November 24 and December 8. • It is still possible to use plastic bags to gather up fall leaves. Residents may set out up to six plastic bags of leaves on their bulk collection week throughout the year. 2013 Veteran's Day Parade • Saturday, November 9, in downtown Roanoke • This parade one of the largest Veterans events in Virginia. • The parade will begin at 11:00 a.m. and will run from Elm Avenue to Jefferson Street and make a right onto Campbell Avenue, before ending on Williamson Road. • Parade participants will include military units from across Virginia, military marching units, and individual veterans accompanied by military, college and high school bands. • For the third year in a row, City employees will participate in this event to honor all veterans. Employees will sponsor a float and walk in the parade to carry the city's banner. 8 b. DIRECTOR OF FINANCE: 1. Financial Report for the period ended September 30, 2013. Received and filed. 8. REPORTS OF COMMITTEES: a. Presentation of the Proposed 2014 Legislative Program. Council Member Raphael E. Ferris, Chair, Legislative Committee. Adopted Resolution No. 39801-110413 (6-0). 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. Council Member Lea noted a concern for the number of concussions that have been occurring among youth participating in tackle football. He suggested that flag football may be a viable alternative for youth from ages 5 to 10. He asked that the matter be referred to the City Manager for research and response back to Council. Council Member Trinkle recognized the work of Susan Jennings who had coordinated a successful Arts and Cultural summit during the prior week. He thanked all those that had participated. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. At 2:56 p.m., the Council meeting recessed for continuation of Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 4:19 p.m., the meeting reconvened in the Council Chamber. 9 CERTIFICATION OF CLOSED MEETING. (6-0, with Mayor Bowers' vote recorded as stated below.) Pursuant to Section 2.2-3708.1(B)(2), Participation in meetings in event of emergency or personal matter; certain disabilities; distance from meeting location for certain public bodies, Code of Virginia (1950) as amended, arrangements were made for the participation of Mayor Bowers from his home and his voice to be heard by all members of the Council in the Council's Conference Room. Mayor Bowers' vote for the certification on the personnel matter pertaining to the performance of a Council-appointed officer will be entered into the record. Appointed Victoria Cox as a member of the Human Services Advisory Board to fill the unexpired term of The Reverend Amy Ziglar ending November 30, 2014. Reappointed Timothy Meadows and Jeffrey Robertson as members of the Towing Advisory Board for terms of three years respectively ending October 31, 2016. 12. ADJOURNED - 4:22 P.M. l0 CITY OF ROANOKE OFFICE OF THE MAYOR K. o i 215 CHURCH AVENUE,S.W.,SUITE 452 ROANOKE,VIRGINIA 24011-1594 TELEPHONE: (540)853-2444 FAX: (540)853-1145 DAVID A.BOWERS Mayor November 4, 2013 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. Sincerely, David A. Bowers Mayor DAB:ctw COMMITTEE VACANCIES/REAPPOINTMENTS November 4, 2013 VACANCIES: Unexpired term of Barry Baird as a member of the Building and Fire Code Board of Appeals ending June 30, 2015. Unexpired term of Valerie N. Hale as a member of the Fair Housing Board ending March 31, 2016. Unexpired term of The Reverend Amy Ziglar as a member of the Human Services Advisory Board ending November 30, 2014. Unexpired term of office of Christopher Pohlad-Thomas as a member of the Parks and Recreation Advisory Board ending March 31, 2014. Three-year term of office of Braxton Naff as a member of the Roanoke Neighborhood Advocates ending June 30, 2016. Three-year terms of office of J. A. Robertson (Tower) and Timothy P. Meadows (Tower) as members of the Towing Advisory Board ending October 31, 2013. Three-year terms of office of Terry Cundiff and Drew H. Kepley as members of the Board of Zoning Appeals ending December 31, 2013. Four-year term of office of Alison S. Blanton (knowledge in historic preservation)as a member of the Architectural Review Board ending October 1, 2013. • • CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)953-1145 COUNCIL MEMBERS DAVID A.BOWERS William U.Bestpitch Mayor Raphael"Ray"Ferns Sherman P.Lea Anita 1.Price Court G.Rosen David B.Trinkle November 4, 2013 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request a Closed Meeting to discuss the performance of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, P^yQ/yt C2.5 Anita J. Price, Chair City Council Personnel Committee AJ P:ctw 3rle,fir9 i'Io, Franklin Road Bridge over NS Railway ROANOKE City of Roanoke IOW %,ter WIMP,.r.v..,GISP.a.`w,-.A 71311.1". - —� -T Y L: /- Jr r 4 •' : •,: I I: . Bridge Overview ROANOKE 4 i \ .-7.4-7•2 . _ -, .' .1; ,\._ i \ .. :...e0:,' . . 1 Bridge Overview R ANOKE • Fracture Critical Girders— No Redundancy • Efficient use of material • Minimal structure depth • Maximum railroad clearance r� Bridge Service Life ROANOKE 1980s In-Depth Evaluation 1990 Rehabilitation Program • Bridge Deck Overlay • Steel Girders Repairs • Concrete Patching • Joint Reconstruction • Re•ainting , ., • • 2 Bridge Service Life ROANOKE Leaning of south abutment and wingwalls kf • T 7, .,: I ,A/ L' 4f. , I `s y • 1990 2013 , Bridge Service Life ROANOKE Pier Deterioration ..:7 t ill i .4 ✓ A %5u Aiiiiiiiiiko Y1 3 Bridge Service Life imimmimmROANOKE Structural Steel Corrosion Ale 's ie.. ,ff4xt„ . .,, � WIWIP Oil . , . Replacement Warranted Historical Perspective rimmisROANOKE • Franklin Road At-Grade Crossing of 15 Bridge Job tracks Begins Here • Federal Program to eliminate crossings — I IRAILWAY*BRIDGE Franklin I ioee fro` K'l1I Be e Clmrd Several • Franklin Road is Virginian w /tondo. Railway top priority PLANS APPROVED;' • Application made jointly by the City and Virginian Railroad Franklin Road Crossing To • Construction began April 1936 B I I e Closed Monday Morning New Viaduct ..:Federal Funds May Be Secured I: Is Approved +; For Bridge On Franklin Road. By Engineer 4 Historical Perspective R .n I.Iq.O..100[b IV M11/ 110..011[ Y.. • Built by WPA forces ,� .. • • • Open Nov. 1936 w •• * ss • Cost of$193,000 2 ill ,i • , ` 4pai.IL 4h 1R�♦M- � �� {Rye IT �...�,.,,,_ 1COl�tt � ,.._.,w,. II r•..l. Anew 1=W./UM AMMON wma::,Is - - 5C1L\lM Franklin Road Bridge Over Virginian Railway Officially Opened Wray Bridge Replacement Project ROANOKE Scope: Complete Replacement Current Planning Estimate: $12,000,000 !e `>���- Schedule: � • Study Phase — Spring 2014 _ ''`"� • Design Phase— Fall 2015 ,r;r • Construction Phase - 2016 . �y�_. .,- `., � :. . r �. .& . - .‘_ - 5 Study Phase ROANOKE • Corridor Study D — Evaluate long-term needs — Building on Neighborhood Plans — Ensure Compatibility of New Bridge — Bridge width and configuration -- • Bridge Replacement Study — Evaluate Structure Alternatives — Bridge width and configuration — Traffic Impacts — Railroad Impacts ;y — Recommended alternative • r air Li Corridor Study ROANOKE 6 Corridor Study Limits and Goals ROANOKE • Between Elm Avenue and Brandon Avenue • Consider All Users and Modes •� �+■� • Incorporate Previous Plans and Studies • Foster Stakeholder Engagement • Evaluate Long-term Needs `'� • Ensure Compatibility of New Bridge • No construction planned at this time Corridor Study Stakeholders ROANOKE Stakeholder Engagement — Interest in corridor — Interest in bridge design - Interest in construction impacts ROA N O K E • City of Roanoke • Old Southwest Neighborhood • Emergency Services CAI�ILION • Schools CLINIC I.At • Parks and Recreation j • Norfolk Southern Rwy lka - - Ill14= • Businesses ct1SOUt • Commuters NORFOLK • Carillon NS SOUTHERN 7 Corridor - North of Expressway ROANOKE • Old Southwest Neighborhood 4 - Offices&Businesses °;' d — Multifamily Residential — Churches&Synagogue — Many Historic Structures — Variable Typical Section = �"y^ s `� — Offset Intersections algoollr — No Crosswalks or Bicycle Facilities - Minimal Street Trees a • — Major Utilities _ — Minimal Storm Drainage •'1, �+ Old Southwest Neighborhood ROANOKE • Neighborhood Plan Goals mmisommimmimmomi — Complete Streets that Accommodate All Modes — Capacity Improvements Discouraged .i ►4.1 �! . — Preserve Stone Curbs and Brick Sidewalks Old Southwest — Reduce Traffic Speed I ..�•NONN00• �N — Pedestrian Safety — Improve Crossings ' vision — Plant Street Trees — Move Utilities Underground — Gateway to Downtown 8 • WIZ „omit ININ Corridor - South of Expressway ROANOKE • Corridor Characteristics . — Bridge&Ramps — Railroad — Vacant Lots&Empty Buildings i -- — River — Parks&Athletic Fields — Hotels yy — Small Businesses — Challenging Intersection Geometry &Sight Distance — Multiple Typical Sections I • — Transition Zone Lacking Identity Corridor Study Goal : Typical Section ROANOKE T we if 1(111* _41 4 9 Corridor Study Update R ANOKE • Reviewed of previous studies, reports, and plans • Surveyed and documentation of the corridor • Coordination with City stakeholders • Presentation to Old Southwest Neighborhood • Develop design principles for corridor • Define the streetscape components for new design • Develop design alternatives for the streetscape • Bridge width and configuration Bridge Concept Study ■110' • OANOKE 10 Bridge Concept Study Goals ROANOKE Balance of competing objectives • Hard Limits (RR Clearance, Pier Locations) • Soft Limits (ROW Impacts, Highway Clearance) • Project Aspirations (Character, Durability, Complete Streets) • Consideration for: - Economics - Railroad impacts - Traffic impacts during construction - ROW impacts - Constructability - Public sentiment - Future maintenance requirements I ' Bridge Concept Study Goals ROANOKE 1.1.1111111PBWIRMIN-1 'Pr • Evaluate Alternative Bridge Cross Sections • Evaluate Structure Alternatives — Horizontal Alignments — Vertical Profiles — Span configurations — Structure types • — Materials • Evaluate Traffic Impacts During Construction AMER t I } irk 11 Bridge Concept Study - Stakeholders ROANOKE • City of Roanoke • Norfolk Southern Railway �� ROANOKE • Old Southwest Neighborhood _4 ter, • Bridge Users Wck' To Old Southwest • VDOT MISNORFOLK SOUTHERN r� Bridge Concept Study - Stakeholders � ROANOKE • City of Roanoke — Replace Deficient Structure — Minimize Disruption to Users — Budgetary Limitations _ — Low Maintenance and Durable �y — Aesthetics and Character ` \_ • ASIPI !% \ • NS Railway — Clearances to Tracks(Horiz&Vertical) — Impacts to Operations in Construction — Property Limits 12 r 1111)Erwilfil • Bridge Alternatives — Vertical Profile ROANOKE 1 11 H _ _ - y _ '` • 1 ii Clearances • Sight Distance 1 I - - 1 • Structure Depth ` 1 � ml . E Bridge Concept Study - Stakeholders ROA INC, . • VDOT - Funding& ProjeetApproval - VDOT Facilities. ,r - . l \ 1 ` N 13 Bridge Alternatives — Structure Type ■01111 ROANOKE 11.1111W Mir 1.11111111.0111111111=.1111111.11111 • Span Arrangement • Structure Type and Depth • Cost • Railroad impacts during construction • Maintenance and Inspections • Traffic impacts during construction Bridge Alternatives — Traffic Impacts 17OANOKE 1. Construction in Two Stages on Existing Alignment r AIM 14 Bridge Alternatives — Traffic Impacts ROANOKE 2. Build New Bridge on New Alignment _ • • At, Bridge Alternatives — Traffic Impacts ismainqmom 2. Build New Bridge on New Alignment is‘ 15 Bridge Alternatives — Traffic Impacts -.go. ROANOKE 1.11=11, 11111111111111111111.11111111.P 2. Build New Bridge on New Alignment A rCBridge Alternatives — Traffic Impacts ROANOKE 3. New Bridge on Existing Alignment I' • Detour Traffic .� • Neighborhood Streets ; --... :Iii. . J • Expressway Ramps j .``4- ,,.i iti: • Short-term user impact r,y.` A ': ){�..:: 'f , roof - • Lowest cost `"' '��-�=- **.iii - ,. ` ► .z:,;' ,'� Miles ' (:,r, ' 16 Bridge Concept Study Update ROANOKE • Survey and mapping of site • Coordination with City stakeholders and OSW Inc. • Coordination with Norfolk Southern • Coordination with utility owners • Development and evaluation of bridge alternatives • Preliminary bridge design for alternatives t;'-fir 1(11* -4-4! 4 Questions? 17 Briefing #2 , ROANOKE City Council Briefing November 4, 2013 Financial Policy Revisions Reserve and Debt Management Policies The Importance of Financial Policies • Standard and Poor's ranks establishment of formalized financial policies as one of the most important financial management best practices • Fitch Ratings includes policies on debt affordability and fund balances as among the best financial management practices for government issuers • Moody's Investors Services cites fund balance policies and debt planning that includes targets and maximum debt levels as two of six critical components of strong municipal management LI PIPTE 2 ROANOKE Overview of Policy Changes • Essential policy elements unchanged • Reserve policies were updated to reflect passage of time and progress on reaching the minimum funding levels for each reserve component • Debt management policies were updated to address the use of variable rate debt and derivatives products by the City • Terms corresponding to updated policies were added to the Glossary 3 ROANOKE Unassigned General Fund Balance as a % of General Fund Expenditures The City met its ratio policy target of 10% in FY 2011 , 5 years prior to goal of 2016. 12% 9.5% 10.0% 10.1% 10.2% 10% — 8.5% 8.2% 8% 7.5% 6% 4% 2% 0% 2007 2008 2009 2010 2011 2012 2013 (Unaudited) Fiscal Year Budget Stabilization Reserve Unreserved, Undesignated GF Balance ■Unassigned General Fund Balance —Policy Target IMO 4 ROANOKE 4 Multi-Year Funding Plan Policy Target Funding Progress Anticipated Completion Date As of 6/30/2013 10%of General Fund Expenditures 10.2% FY 2011 In Compliance Risk Management Reserve Policy Target Funding Progress Anticipated Completion Date As of 6/30/2013 25% of 3-yr average of self-insured claims costs + 10% of 3-yr average of fully Underfunded by FY 2021 2023 insured premiums + $1 million $10,220,428 catastrophic reserve Economic Downturn eserve Policy Target Funding Progress Anticipated Completion Date As of 6/30/2013 5% of the current year's General Fund $0 After the Risk Management Expenditure Budget Reserve is fully funded 6 ROANOKE Debt Policy Targets FY 2013 Polic FY 2012 Unaudited Net tax-supported debt as a percentage of the total taxable assessed value will 2.83% 2.77% o In Compliance In Compliance not exceed 4% Net tax-supported general obligation debt service shall not exceed 10% of 9.90% 9.50% In Compliance In Compliance General Fund expenditures Not less than 60% of the outstanding tax- supported debt will be retired within 10 79.6% 77.6% In Compliance In Compliance years •A ice MO ROANOKE • ROANOKE Questions and Discussion 8 i?)rf fi m City of Roanoke, Virginia Reserve and Debt Management Policies ere ROANOKE Revised [Date to be inserted] Table of Contents Goals and Objectives 2 Reserve Policies 3 Debt Management Policies 7 Glossary 13 7 The City of Roanoke Reserve and Debt Management Policies 1 ROANOKE Goals and Objectives These policies are designed to help protect the City's financial resources necessary to meet short-term and long-term operating and capital needs by: • Promoting sound financial management; • Protecting and maintaining the City's credit ratings; • Ensuring the legal and prudent use of the City's debt issuance authority; and • Guiding the City and its managers in policy and debt issuance decisions. While adherence to this policy is expected in applicable circumstances, the City understands that changes in the capital markets, City programs, or other unforeseen circumstances may from time to time produce situations that are not covered by this policy and will require modifications or exceptions to achieve the policy goals. In these cases, the City's management may act, provided specific authorization from the Director of Finance or City Council is obtained. Failure to comply in any manner with this policy shall not result in any liability on the part of the City to any party. This policy was originally adopted by City Council on November 1, 2010 and the most recent review was completed in November 2013. These policies will be reviewed at least every two years by the Director of Finance. 111Ww. The City of Roanoke Reserve and Debt Management Policies 2 ROANOKE Reserve Policies Unassigned General Fund Reserve • Reserve Floor Te..•_ _ • _ e: _• .• _ e,The"Unassigned General Fund Reserve" will be maintained at or above a target level equal to 10% of General Fund Expenditures. As of FY2013, the City is in compliance with the minimum funding level of this reserve. This level of reserves is intended to provide the City with sufficient working capital and margin of financial safety to address unforeseen, one-time expenditure emergencies or significant unforeseen declines in revenues in a specific fiscal year,for which there is no other current budgetary resource available, or other categories of fund balance available to satisfy the funding needed. The Unassigned General Fund Reserve will be reported in the Unassigned category on the City's Governmental Funds Balance Sheet in the General Fund. • Reserve Drawdown—DrawdownAny drawdown of the Unassigned General Fund Reserve shall occur only by authorization of City Council. Funds may only be used for the purposes described above,which cannot be covered from contingencies or other sources. The Unassigned General Fund Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. • Reserve Replenishment—In the event the Unassigned General Fund Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Unassigned General Fund Reserve to its minimum level within three fiscal years. Risk Management Reserve The City will maintain a Risk Management Reserve to cover some of the risk exposure the City has due to its self-insurance program. The City is currently self-insured for Health Workers' compensation, General Liability, and Automobile claims. The Risk Management Reserve will remain in the Risk Management Fund, an internal service fund of the City, as fund balance. • Reserve Floor—The minimum funding level for the Risk Management Reserve is: o 25% of the three year average of self-insured claims costs, o plus 10% of the three year average of fully insured premiums, o plus a $1 million catastrophic reserve. Formatted:Indent:Left: 0.75",First line: 0" As of FY2013, the City seeks to reach the minimum funding level of this reserve by FY2021 to FY2023. The City has developed a multi-year plan to achieve the minimum funding level and will review the plan on an annual basis. Once the The City of Roanoke Reserve and Debt Management Policies 3 ROANOKE • minimum funding level is reached, the City will develop a replenishment policy of the Risk Management Reserve. • Reserve Drawdown—Use of the Risk Management Reserve will be used to fund unanticipated risk management expenses. *._ _.-matted:Font:16 pt,Bold,Font color:Black Formatted:Normal,Indent:Left: 0",Hanging: .. 0.5" restore the Risk Management Reserve to its minimum level within three fiscal years. Economic Downturn Reserve, .--{Formatted:Font:12 pt,No underline Formatted:Font:14 pt,Bold,Underline 4 • Reserve FloorTarget— In addition to the 10% Unassigned General Fund Formatted:Indent:Left: 0",Hanging: 0.5" Reserve, Roanoke will target an "Economic Downturn Reserve"to smooth its {Formatted:List Paragraph financial operations in the event of an economic downturn. T e-Ecenomic _ - Expenditure budget for the current year. The Economic Downturn Reserve will be reported in the Assigned category on the City's Governmental Funds Balance Sheet in the General Fund. The Economic Downturn Reserve will be funded to an amount up to 5% of the General Fund Expenditure budget for the current year. As of FY2013, the City seeks to reach the target level of this reserve once the Risk Management Reserve is fully funded. Once the target funding level is reached,the City will develop a replenishment policy of the Economic Downturn Reserve. {Formatted:Font:Not Bold n• Reserve Drawdown— Drawdown of the Economic Downturn Reserve shall • Formatted:Bulleted+Level:1+Aligned at: occur only by authorization of City Council. Drawdowns will be limited to less 0.25"+Indent at: 0.5" than one-half of the-fundits balance in any fiscal year. Drawdowns must be made in combination with spending cuts or other measures. The Economic Downturn Reserve may only be used in the event that revenues decline by more than 1.5% of the current year estimate. . t Formatted:Font:14 pt,Bold,Underline • Reserve Replenishment • -- - -- -- -:•:••'- g.wnturn-Reserve is {Formatted:Normal used, it will be restored to its minimum level within three fiscal years. The Director-of F-inane will -- • - - -• • . - . -1y-COLtfloil-that-will-restorethe Economic Downturn Rcecrvc to its minimum level within three fiscal years. Economic and Community Development Reserve The following Economic and Community Development and Reserve Policy("E&CD Reserve")is intended to demonstrate a commitment to financial planning for economic and community development projects which may provide future growth opportunities r� The City of Roanoke Reserve and Debt Management Policies 4 ROANOKE and expansion of the tax base in Roanoke. The E&CD Reserve will be maintained using the following guidelines: • Reserve Floor—The E&CD Reserve will be maintained at or above a target level of$1.0 million. As of FY2013, the City is in compliance with the minimum funding level of this reserve. The E&CD Reserve will be reported in the Committed category on the City's Governmental Funds Balance Sheet in the Capital Projects Fund. • Reserve Drawdown—Use of the E&CD Reserve shall occur only by appropriation of City Council for economic or community development projects. Examples of qualifying uses include, but are not limited to, the purchase of property for economic development, economic development incentives, greenway development,and development of infrastructure to support other economic and/or community development projects. The E&CD Reserve may not be used for operating or recurring expenditures. • Reserve Growth and Replenishment—The E&CD Reserve will be maintained at a level at or above its target by allocating interest earnings of the Capital Projects Fund and proceeds from the sale of surplus general government real property. In the event the E&CD Reserve declines below the target level of$1.0 million, it will be restored to its minimum within three fiscal years. E&CD Reserve replenishment may be accomplished by allowing E&CD Reserve growthto grow without appropriation of the E&CD Reserve or by transferring additional funds to the E&CD Reserve. Reserve Funding Plan WithAs of FY 2013,the exception-of-the Risk Management Reserve and Economic and reserve level-s thanDownturn Reserve policy targets exceed the amounts currently maintained by the City currently maintains.in these funds. In order to meet each of the various reservetarget levels, the City will add to its reserves using the funding sources described below _•• ___ _ _ _ ____ e.•_ _ o .•e.•e _ _ described below. This funding method will continue until each reserve is fully funded. Funding Sources • The City will add at lcactincrease its budgeted annual funding of reserves by an increment of$250,000 to$500,000(based on funding availability)to the existing - __e _ _ •- . _ _ . . _ ..) The City Manager and Director of Finance shall recommend aan aggregate reserve funding level of 509T000-along with each annual budget submission. with proposed allocations among the funds. Additional funds may be directed toward the reserves based on year end surpluses. The City of Roanoke Reserve and Debt Management Policies 5 ROA NO KE a - - - in CPI and per—.•-- - . -_ - ' ° , •-• e City- -• •-will-add-0,2%-of {invited t_ - -_ - . .._.. ... - I°. reve actual -- - . • .. _ •- .r. By following-this-funding - - 9 - - . _ _. . . . her- - - • • - ---- --•-_ • • •• -- ••• • set forth in--this-policy: Utah-for the South region- 1 The City of Roanoke Reserve and Debt Management Policies 6 ROANOKE Funding Priorities, {Formatted:Indent:Left: 0.25",First line: 0" ) "{Formatted:Font:Not Bold 1. -First,the City will fund the Unassigned General Fund Reserve. The City fis ;,;-{Formatted:Highlight to-meet met the 10% minimum Unassigned General Fund Reserve balance in '(Formatted:Indent:Left: 0.5" FY2011, ahead of original schedule which was to meet it by FY2016. 2. Second, after t"°, Ur assigned-General Fund Rcccrve4s-fully-funded, the City will fund the Risk Management Reserve. ThoAs of FY2013,the City plans to meet the minimum Risk Management Reserve balance by FY2016FY2021 to 2023. 3. Third, after the Unassigned General Fund Reserve and Risk Management Reserves are fully funded, the City will fund the Economic Downturn Reserve. WO The City of Roanoke Reserve and Debt Management Policies 7 ROANOKE Debt Management Policy Introduction One of the keys to sound financial management is the development of a debt policy. This need is recognized by bond rating agencies as well as the capital markets, and development of a debt policy is a recommended practice by the Government Finance Officers Association. A debt policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance to the administration regarding purposes for which debt may be issued, types and amounts of permissible debt and method of sale that may be used. The following debt policy is intended to demonstrate a commitment to long-term financial planning. It will be used in conjunction with the Capital Improvement Programs for both the City and School Board. Adherence to this policy will help assure maintenance of the City's double-A credit ratings. Guidelines for Debt Issuance • The City will prepare and update annually a five-year Capital improvement Program (CIP)to be approved by City Council. The CIP will be developed with an analysis of the City's infrastructure and other capital needs, and the financial impact of the debt service required to meet the recommended financing plan. The City will strive to fund at least 10% of the CIP projects' aggregate cost on a cash basis. • As part of the annual Capital Improvement Program,the Schools shall furnish the City a schedule of funding needs for any school projects for which the issuance of long-term debt is planned. • Each project proposed for financing through debt issuance will have an analysis performed for review of tax impact and future operating costs associated with the project and related debt issuance costs. • All proceeds from debt issuance for the City of Roanoke and the City of Roanoke School Board shall be appropriated by City Council. • Proceeds from the issuance of debt shall be monitored by the investment custodian with regard to arbitrage. Compliance with all applicable federal tax requirements shall be made. The City will coordinate with its investment managers with regard to expected project funds payout so as to maximize investment earnings in light of federal arbitrage requirements. See the City's Post Issuance Compliance Procedures Manual for further details. • Long-term debt will be issued to purchase or construct capital improvements or equipment with a minimum expected life of five years. The City will not use long- The City of Roanoke Reserve and Debt Management Policies 8 ROANOKE term borrowing to finance annual operating needs. The term of any bond issue will not exceed the useful life of the capital project/facility or equipment for which the borrowing is intended. • The City will attempt to avoid short-term debt to provide cash flow for annual operations. Debt issued for operating purposes will be limited to cases where there is reasonable certainty that a known source of revenue will be received in the current fiscal year sufficient to repay the debt or where there is a clear financial emergency. • The City will comply with all applicable U.S. Internal Revenue Service and U.S. Treasury arbitrage requirements for bonded indebtedness in order to preserve the tax-exempt status of such bonds. See the City's Post Issuance Compliance Procedures Manual for further details. • Bond issues should be planned to minimize the frequency of issuance, thereby ensuring the lowest possible costs of issuance. When determining the size of a bond issue, consideration should be given to the need for construction, debt service and capitalized interest funds. Construction fund draw schedules shall be prepared, and projection of conservative earning on unspent bond funds should be made in conjunction with planning of the City's Capital Improvement Program. • The decision to use bond proceeds to pay interest during construction for revenue-producing projects shall be made on a case by case basis and shall be based on an evaluation of the opportunity cost of funds and the availability of other sources of funds to pay interest costs. • General obligation bonds will be amortized on a level principal basis to the extent practical, and revenue bonds will be amortized on a level debt service basis to the extent practical considering the forecasted available pledged revenues. • The City shall not endorse the obligation of any entity other than the City of Roanoke or Roanoke School Board. However, the City may enter into contracts with other regional or local public entities with respect to public purpose projects, which provide for certain payments when project or entity revenues prove insufficient to cover debt service on obligation issued to finance such project(s). The City will enter into these type agreements only when there is long-term public and financial interest in the regional or local project.The obligation could be structured as Moral Obligation Bonds, or with an underlying support agreement or other contractual arrangement. These obligations do not affect the legal debt limit of the City and any payments are subject to annual appropriation. However, if such payments were made, the obligations would be considered tax- supported debt. mi The City of Roanoke Reserve and Debt Management Policies 9 ROANOKF • The City's preferred method of sale of bonds is via competitive sale to underwriters. If deemed advantageous, the City may sell bonds via a negotiated sale, private placement, or other method. Coordination will be made with the City's financial advisor in arriving at a recommendation to issue bonds through a method other than competitive sale. Underwriter Selection • Senior Manager Selection—The City shall select a senior manager for any proposed negotiated sale. The financial advisor for the City should not be the senior manager on a negotiated sale. The selection criteria shall include, but not be limited to, the following: o Ability and experience in managing transactions similar to that contemplated by the City; • Prior knowledge and experience with the City; • Ability and willingness to risk capital and demonstration of such risk and capital availability; Quality and experience of personnel assigned to the City's engagement; c Financing plan; and • Underwriting fees. • Co-Manager Selection—Co-managers may be selected on the same basis as the senior manager. The financial advisor for the City should not be a co- manager on a negotiated sale. In addition to their qualifications, co-managers appointed to specific transactions will be a function of transaction size and the necessity to ensure maximum distribution of the City's bonds. • Underwriter's Counsel—In any negotiated sale of City debt in which legal counsel is required to represent the underwriter, the appointment will be made by the Senior Manager with final approval from the City. • Underwriter's Discount—The City will evaluate the proposed underwriter's discount against comparable issues in the market. If there are multiple underwriters in the transaction, the City will determine the allocation of underwriting liability and management fees, if any. The allocation of fees will be determined prior to the sale date; a cap on management fees, expenses and underwriter's counsel fee will be established 1 and communicated to all parties by the City. The senior manager shall submit an itemized list of expenses charged to members of the underwriting group. Any additional expenses must be substantiated. • Evaluation of Underwriter Performance—In conjunction with its financial advisor, the City will evaluate each bond sale after completion to assess the following: costs of issuance including underwriters' compensation, pricing of the We The City of Roanoke Reserve and Debt Management Policies 10 ROANOKE bonds in terms of the overall interest cost and on a maturity-by-maturity basis, and the distribution of bonds and sales credits. • Designation Policies—To encourage the pre-marketing efforts of each member of the underwriting team, orders for the City's bonds will be net designated, unless otherwise expressly stated. The City shall require the senior manager to: o Fairly allocate bonds to other managers and the selling group; o Comply with Municipal Securities Rulemaking Board (MSRB) regulations governing the priority of orders and allocations; and o Within 10 working days after the sale date, submit to the City a detail of orders, allocations and other relevant information pertaining to the City's sale. Limitations on Level of Debt to be Issued and Outstanding Constitutional and Statutory Limitations: • Article VII, Section 10 of the Constitution of Virginia, the Public Finance Act and the City Charter established the City's Legal Debt Margin at 10% if the assessed value of real estate within the City shown by the last preceding assessment for taxes. • The Public Finance Act and the City Charter also establish other limits as to the amounts and types of debt the City may issue. Self-Imposed Debt Targets: • Net tax-supported debt as a percentage of the total taxable assessed value in the City(including real, personal property, and public service corporations)will not exceed 4%. For all of the City's self-imposed debt targets, the City may exclude all or a portion of any bonds or leases that are self-supporting. • Net tax-supported general obligation debt service shall not exceed 10% of General Fund expenditures. • Net tax-supported debt will be structured in a manner such that not less than 60% of the aggregate outstanding tax-supported debt will be retired within ten years. Types of Debt Issuance • The City may issue general obligation debt for capital or other properly approved projects_ The City of Roanoke Reserve and Debt Management Policies 11 HO',NOK[ • The School Board may use the Virginia Public School Authority(VPSA), Qualified Zone Academy Bonds(QZAB), Qualified School Construction Bonds (QSCBs), or State Literary Fund loans to finance school capital projects. Such debt issued on behalf of the School Board constitutes general obligation debt of the City. The City Manager and the Director of Finance shall approve any application to the Commonwealth of Virginia for such debt. City Council shall approve the issuance of the bonds as required by the Public Finance Act. The School Board shall approve such financings before requesting City Council approval. • The City may issue revenue bonds to fund proprietary activities such as water and,water pollution control and stormwater utilities, or for other capital projects that generate adequate revenues from user fees to support operations and debt service requirements. The bonds will include written legal covenants which require that revenue sources are adequate to fund annual operating expenses and annual debt service requirements. • Capital leases may be used to purchase buildings, equipment, furniture and fixtures. The term of any capital lease shall not exceed the useful life of the asset leased. Revenue bonds may be issued by the City or other entity that are secured by a City capital lease. • Short-term borrowing may be utilized for interim financing or for other purposes as described below. The City will determine and utilize the least costly method for short-term borrowing subject to the following policies: Bond Anticipation Notes(BANs) may be issued for capital related cash purposes to reduce the debt service during the construction period of a project or to provide interim financing for a project. The BANs shall not mature more than 5 years from the date of issuance. Lines of Credit shall be considered as an alternative to other short-term borrowing options. a Other Short-Term Debt may be used when such instruments provide an interest rate advantage or as interim financing. • Lease financing and master lease obligations, including lease revenue bonds, may be considered as alternative financing structures. « {Formatted:Font:Not Bold • Recognizing both the historical interest rate savings and the risks associated with {Formatted:List Paragraph variable rate debt, the City will limit variable rate debt exposure to approximately twenty percent(20%)of total outstanding debt. Debt service on variable rate bonds will be budgeted at a conservative rate. Prior to issuing variable rate debt, the City will develop a plan to mitigate the associated risks. • A derivatives policy will be approved before any use of a derivative product. 1 The City of Roanoke Reserve and Debt Management Policies 12 ROANOKE Refunding of Debt The City will refund debt when it is in the best financial interest of the City to do so. • Debt Service Savings—When a refunding is undertaken to generate interest rate cost savings, the minimum aggregate present value savings will be 3% of the refunded bond principal amount. The present value savings will be net of all costs related to the financing. If present value savings is less than 3%, the City may consider the refunding efficiency as measured by option value. If the refunding efficiency of a refunding candidate exceeds 70% (on a maturity-by- maturity basis)and present value savings is less that 3%, the City may opt to increase the universe of refunded bonds. • Restructuring—Refundings for restructuring purposes will be limited to restructuring to alleviate debt service during difficult budgetary years, achieve sestcash flow savings, mitigate irregular debt service payments, release reserve funds or remove unduly restrictive bond covenants. • Term of Refunding Issues—The City will refund bonds within the term of the originally issued debt. However, the City may consider maturity extension,when necessary to achieve a desired outcome, provided that such extension is legally permissible. The City also may consider shortening the term of the originally issued debt to realize greater savings. The remaining useful life of the financed facility and the concept of inter-generational equity should guide this decision. . {Formatted:Font:Bold • Escrow Structuring—The City shall utilize the least costly securities available in {Formatted:List Paragraph,Indent:Left: 0", structuring refunding escrows. All open market securities are used,a certificate First line: 0" will be provided by a third party agent stating that the securities were procured through an arms-length, competitive bid process(inthat was consistent with the caseFederal guidelines established for the procurement of open market cccurities),investments for escrows and that the price paid for the securities was reasonable within Federal guidelines.. Under no circumstances shall an underwriter,agent or financial advisor sell escrow securities to the City from its own account. • Arbitrage—The City shall take all necessary steps to optimize escrows and to avoid negative arbitrage in its refundings. Any resulting positive arbitrage will be rebated as necessary according to Federal guidelines. See the City's Post Issuance Compliance Procedures Manual for further details. Investor Relations, Disclosure and Communication • The debt ratios outlined above will be computed annually and reported in the Comprehensive Annual Financial Report, along with a computation of net tax- supported debt per capita. The City of Roanoke Reserve and Debt Management Policies 13 ROANOKE- • • • The City will maintain communication with bond rating agencies to keep them abreast of its financial condition by providing them the City's Comprehensive Annual Financial Report, Annual budget, and Capital Improvement Program. • The City will comply with all of its undertakings in accordance with Securities and Exchange Commission Rule 15c2-21. See the City's Post Issuance Compliance Procedures Manual for further details. Debt Service Fund Balance • The fund balance of the Debt Service Fund shall be reserved for the future payment of annual principal and interest payments, which includes general obligation bonds of the City, including school debt. 1 The City of Roanoke Reserve and Debt Management Policies 14 ROANOKE Glossary Advance Refunding. A refinancing transaction in which new(refunding) bonds are issued to repay(refund)outstanding bonds more than 90 days prior to the first call date. The proceeds of the refunding bonds are deposited in an escrow account, invested in government securities, and used to pay debt service(interest, principal and premium, if any)on the refunded bonds through the applicable call date. For accounting purposes, refunding obligations are not considered a part of an issuer's debt. Arbitrage. The difference between the interest paid on the tax-exempt securities and the interest earned by investing the security proceeds in higher-yielding taxable securities. IRS regulations govern arbitrage on the proceeds from issuance of municipal securities. Bond Anticipation Notes (BANs). Notes-whiehNotes that are issued to provide interim financing during project construction and are paid from the proceeds of the issuance of long-term bonds. Typically issued for capital projects. Call Provisions. The terms of the bond giving the issuer the right to redeem all or a portion of a bond prior to its stated date of maturity at a specific price, usually at or above par. Capitalized Interest. A portion of the proceeds of a bond issue which is set aside to pay interest on the same bond issue for a specific period of time. Interest is commonly capitalized for the construction period of the project. Capital Lease. A lease obligation that has met the criteria to be categorized as a capital lease as opposed to an operating lease under generally accepted accounting principles. Capital leases are-common in-pertain types of financing transactions Competitive Sale. A method of sale/auction of securities by an issuer in which u s of-where underwriters submit sealed-bids-to-proposals for the purchase of a new issue of municipal securities and the securities. Contrast are awarded to the underwriter or underwriting syndicate presenting the best bid according to a--negotiatedstipulated criteria set forth in the notice of sale. Continuing Disclosure. The principle that accurate and completeDisclosure of financial information deemed to be material - - --- •-• - _- = investors would-be likely-te-sonsider�material-immaking investment decisions with respect to the .. ' _. e: -._ - -' .e o _• _• __ _ _.-. .issuer's ability to repay the principal and interest of a public offered obligation. See the City's Post Issuance Compliance Procedures Manual for further details. • {Formatted:Font:Bold Debt. Any obligations of the City for the payment of money issued pursuant to the Public Finance Act of Virginia. „'�r,'� The City of Roanoke Reserve and Debt Management Policies 15 ROANOKE ___.--f Formatted:Font:Not Bold i used topaz: - _ . -.. —.- . - insufficient to satisfy-the-debt-service requirements. Derivative. A product,whose value is derived from an underlying security, structured to deliver varying benefits to different market segments and participants. The term encompasses a wide range of products offered in the marketplace including interest rate swaps, caps, floors and other synthetic variable rate products. Designation Policies. OutlineDurinq a negotiated sale, the policy for how an investor's order is investor orders are filled when a maturity is oversubscribed (i.e.,when there is an underwritingsyndicate. The senior-managing underwriter and issuer investor demand exceeds bonds • e: _ e..... _e -••e•a •: _ •: .. :.available for sale . There are three primary classifications of orders which form the designation policy: Group Net orders; Net Designated orders and Member orders. Escrow. A fund established to hold moneys pledged and to be used to pay debt service on an outstanding issue in a refunding. underwriters counsel ^TC charges, travel;-syndicate-expenses, dealer fees,overtime General Obligations. Bonds issued by the City secured by the City's pledge of its full faith and credit and unlimited taxing power. .--{Formatted:Font:Not Bold 1 Group Net Orders. An order at the initial offering price. A group net order benefits all underwriting group according to their percentage participation in the account. Intergenerational Equity. Equity or fairness principal that those that benefit from a capital improvement should pay for it. Legal Debt Margin. The amount of federal obligation bonds and certain other interest bearing obligations(other than revenue bonds)that the City may have outstanding expressed as a percentage of the assessed value of real estate in the City as shown on the last preceding assessment for taxes. Member Order. An order submitted by a member of the underwriting group. Negotiated Sale. A method of sale in which the issuer chooses one underwriter to negotiate terms pursuant to which such underwriter will purchase and market the bonds. I Net Designated Order. An order submitted by an underwriting team member on behalf of an investor on which all or a portion of the underwriting fee is to be credited to certain members of the underwriting team. The investor directs the percentage of the total designation each member will receive. The City of Roanoke Reserve and Debt Management Policies 16 ROANOKE Option Value. Option valuation is a methodology for evaluating the efficiency of a refunding. Option valuation calculates the maximum theoretical value of refunding a bond, then expresses the current refunding savings as a percentage of the maximum theoretical savings. opposed-to-issuing debt-obligations, Present Value. The current value of a future cash flow. Private Placement. The original placement of an issue with one or more investors as opposed to being publicly offered or sold. Rebate. A requirement imposed by Tax Reform Act of 1986 whereby the issuer of tax- exempt bonds must pay the IRS an amount equal to its profit earned from investment of tax-exempt bond proceeds at rates exceeding the tax-exempt borrowing rate. The tax- exempt borrowing rate(or"bond yield") is calculated pursuant to the IRS code together with all income earned on the accumulated profit pending payment. Refunding. A transaction in which the City refinances an outstanding issue by issuing new(refunding)bonds and using the proceeds to immediately retire the old (refunded) bonds. Revenue Bonds. Bonds issued by the City secured by a specific revenue pledge of rates, rents or fees. Tax-Supported Debt. Debt that is expected to be repaid from the general fund tax revenues of the City. This includes general obligation bonds, appropriation-supported bonds, capital leases and in certain circumstances moral obligation bonds. For the purpose of this Debt Policy, net tax-supported debt includes general obligation debt for the City and School Board, certain bonded capital leases, and any moral obligation bonds for which the City has deposited funds to a debt service reserve fund as requested to replenish such reserve fund. Underwriter. A dealer that purchases new issues of municipal securities from the Issuer and resells them to investors. Underwriter's Discount. The difference between the price at which bonds are bought by the Underwriter from the Issuer and the price at which they are reoffered to investors. Variable Rate. An interest rate, sometimes referred to as a "floating rate,"on a security that changes at intervals according to market conditions or a predetermined index or formula. The City of Roanoke Reserve and Debt Management Policies 17 � boe.Fi rs :o, Stormwater Utility Briefing November 4, 2013 Ir4 ■41 ROANOKE Summary f of Public Hearing Comments ■1.v1111 ROANOKE Allocation of Revenue Revenue Estimates Fee Rate and Effective Date • Credits — simplify for homeowners Appeal process Three Year implementation schedule Where can I get assistance? City of Roanoke — Engineering Division 4 f Education and Public Outreach Wr ROANOKE • Meetings with business and community groups My Roanoke City Council Briefings RVTV — October 2009 Collaboration with neighboring — January 2010 jurisdictions — April 2010 • Roanoke Valley Alleghany — July 2011 Regional Commission — September 2012 Publications — January 2013 — Draft Ordinance — August — July 2013 2013 — September 2013 — Impervious Surface September 2013 — Credit Manual August 2013 City of Roanoke — Engineering Division k ................... . . . . . . .................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. ................................. . . . . . . . . . . . . . . . , .. Roanoke Impaired Streams . 4111P4111 .. ...._ . ' . . '''..,..2•\. ..„ 1/4.s.„..., 401.*: . . . . ... . , .. , ■Ilifam■ ..., . . ... ,. ...,. 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I --' ' --4..._ ..... . —..„ .I . _...rya or... .. •••••■ ......1... •.- ... ). 1— 164011 MT FRU*DS ..... .1 • OWE ...,.... mmwa....■ wn,I.C...... . . , —. i-)_ , City of Roanoke — Engineering Division Storm Drain Capital ' Projects ROANOKE Storm Drain CIP Minor Projects - - 0 * * * * * ** * * ff * * * • 224 Projects * * * ** * * * * * * * * * ,----:-it - $76 ,091 000 * * ** * * * * * * * *** ** * * * * * * *** * * ** * * City of Roanoke — Engineering Division Proposed 5 Year Program ... .. ROANOKE 5-Yr Storm water Utility Program Recommendations-2014 Year One Year Two Year Three Year Four Year Five Investment Operations and Maintenance Inspection&Cleaning of stormwater system-contracted services $350,000 $350,000 $100,000 $100,000 $100,000 $1,000,000 Perform routine/scheduled maintenance(3 man crew) $260,000 $260,000 $260,000 $260,000 $260,000 $1,300,000 5%Maintenance set-aside for new capital improvements $140,000 $140,000 $140,000 $140,000 $140,000, $560,000 O&M Subtotal F $610,000 $750,000 $500,000 $500,000 $500,000 $2,860,000 Regulations&Enforcement VPDESNSMP Compliance-one new technician II $55,000 $55,000 $55,000 $55,000 $55,000 $275,000 Development Review&Field inspections-one new technician II(year 2) $0 $55,000 $55,000 $55,000 $55,000 $220,000 Water Quality Testing/Water Quality Projects $28,600 $73,600 $190,000 $290,000 $390,000 $972,200 New Vehicles&Computers $16,400 $16,400 $32,800 Administrative Asst-plan review, scheduling, reporting $0 $0 $0 $0 $0 $0 Regulation&Enforcement Subtotal $100,000 $200,000 $300,000 $400,000 $500,000 $1,500,000 Capital Improvements Major Capital Improvement Fund $3,099,000 $2,899,000 $3,049,000 $2,949,000 $2,849,000 $14,845,000 Capital Projects staff-one engineer and one technician II $119,000 $119,000 $119,000 $119,000 $119,000 $595,000 Capital Fund Subtotal $3,218,000 $3,018,000 $3,168,000 $3,068,000 $2,968,000 $15,440,000 Management/Administration Billing/Customer Service Coordinator $40,000 $40,000 $40,000 $40,000 $40,000 $200,000 Customer service temps $15,000 $15,000 Billing&Collection Costs $40,000 $15,000 $15,000 $15,000 $15,000 $100,000 Senior Engineer/Program Manager $77,000 $77,000 $77,000 $77,000 $77,000 $385,000 Management/Pdministation Subtotal $172,000 $132,000 $132,000' $132,000 $132,000 $700,000 New Costs(in current dollars) $4,100,0001 $4,100,0001 $4,100,000 $4,100,0001 $4,100,000 $20,500,000 City of Roanoke - Engineering Division 'A Annual Stormwater Program � � Proposed ROANOKE 4) Capital Projects 75% Water Quality Compliance 25% dee Increased Maintenance 25% • Proposed Fee Rate $0.90/500SF per month Proposed Effective Date July 1 , 2014 City of Roanoke — Engineering Division Revenue Estimates ■No� ROANOKE Total Impervious Area 253,513,252 Total Billing Units 507,027 Fee Rate Per 500 SF $ 0.30 $ 0.60 $ 0.90 FY 2015 FY 2016 FY 2017 Capital Projects $ 1,196,971 $ 2,605,943 $ 3,974,914 Water Quality Compliance $ 228,162 $ 456,324 $ 684,486 Increase Maintenance $ 228,162 $ 456,324 $ 684,486 Administration and Billing $ 172,000 $ 132,000 $ 132,000 $ 1,825,295 $ 3,650,591 $ 5,475,886 City of Roanoke — Engineering Division 1 Cr ed its ■ , mum ROANOKE Average Residential Fee $5.76 per month Average Non-Residential Fee $55.60 per month • 10% for flood control and stream channel erosion • 10% for Water Quality Benefits • 5% additional for the above if it exceeds minimum requirements • Credits for treating offsite runoff Retrofitting a property doubles credits Credits are capped at 50% of fee City of Roanoke — Engineering Division . Credits �••�►� ROANOKE Residential — Rain Garden $10/Year credit — Rain Barrel $2/Year credit — Cistern $10/Year credit — Vegetative Filter $10/Year credit — Nutrient Management $10/Year credit — Roof Drain to vegetative areas $2/Year Credit — Porous Paving Commercial City of Roanoke — Engineering Division e 'A ris p p als A ROANOKE .� a • Informal Process • Formal Process ,. . : • Written request to the City Manager within 30 days invoice is mailed to property owner — Error in measurement of impervious surface — Parcel is exempt — Mathematical errors — Property owner identification is in error — Approved credit incorrectly applied -. • City Manager decision may be appealed to the Circuit Court City of Roanoke — Engineering Division • Questions? /NW WNW ROANOKE • Engineering Division 853-2731 • Engineer @roanokeva .gov City of Roanoke — Engineering Division is ;,,. OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 6, 2013 Pastor Maurita Wiggins Valley Community Church Divine Science 5000 Carriage Drive, S. W. Roanoke, Virginia 24018 Dear Pastor Wiggins: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, November 4, 2013. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:aa 4,PPreila CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Tax Exemption Request - United Methodist Community Outreach Program Background: Pursuant to the requirements of the Virginia Code, if City Council wishes to consider the application of the United Methodist Community Outreach Program of Roanoke, VA (UMCOPR) for tax exempt status, Council must first conduct a public hearing. United Methodist Community Outreach Program of Roanoke, VA is a Virginia non-stock, not-for- profit corporation that has applied for tax exemption of personal property in the City located at 305 Mountain Avenue SW. This request is for a tax exemption for personal property now owned or hereinafter acquired by UMCOPR that is used for its charitable mission. Considerations: The mission of the organization is to provide a safe nurturing environment where all God's children are mentored spiritually, mentally, physically, and emotionally. UMCOPR has ministered to downtown urban children and their families for almost 25 years. Begun by the United Methodist Women of Trinity United Methodist Church as a feeding ministry for children one evening a week, the program has grown and changed to meet three nights a week, provide transportation to and from, nine meals a week, tutoring, extracurricular activities, and Christian education. An exemption from personal property taxes will allow additional funding to be directed to these efforts. Recommended Action: This is to request that a public hearing be authorized and advertised on the above matter for City Council's regular meeting to be held on Monday, November 18, 2013, at 7:00 p.m. Notice of the public hearing must be advertised at least five (5) days prior to the date of the public hearing. A full report will be included in the November 18, 201 3 agenda material for your consideration. topher P. Morrill City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Tax Exemption Request - Roanoke Gospel Outreach Center, Inc. Background: Pursuant to the requirements of the Virginia Code, if City Council wishes to consider the application of the Roanoke Gospel Outreach Center, Inc., for tax exempt status, Council must first conduct a public hearing. Roanoke Gospel Outreach Center, Inc. is a Virginia non-stock, not-for-profit corporation that has applied for tax exemption of personal property in the City located at 9 Salem Avenue, SW. This request is for a tax exemption for personal property now owned or hereinafter acquired by Roanoke Gospel Outreach Center, Inc. that is used for its charitable mission. Considerations: The organization ministers to the needs of the poor, addicts, and those that are in need of a change of lifestyle. It provides counseling services to give direction to those whose lives are in disarray and in need of Godly direction. In addition, it ministers the gospel of the Lord Jesus Christ to those individuals mentioned above. The Center conducts regular religious services for those that have received the gospel message. Time is allotted for teaching the Word of God and discipleship in Christian principles weekly. Food and clothing are distributed to all those that attend the religious services and teachings. In addition, the Center works in cooperation with a local Bible School to train Bible students in the methods of street evangelism and propagating the gospel in the inner city. An exemption from personal property taxes will allow additional funding to be directed to these efforts. Recommended Action: This is to request that a public hearing be authorized and advertised on the above matter for City Council's regular meeting to be held on Monday, November 18, 2013, at 7:00 p.m. Notice of the public hearing must be published at least five (5) days before the public hearing. A full report will be included in the November 18, 2013 agenda material for your consideration. etc, Christopher P. Morrill City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget f m i. I _ A"" CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Request a Public Hearing Regarding the Sale of City-Owned Property located at 802 Wiley Drive Background: On September 18, 2012, City Council and 5311 Holdings, LLC, entered into an Agreement for the Purchase and Sale (Agreement) of an approximately 1 .079- acre portion of the parcel, Tax Map No. 1 1 21401 , and associated improvements located at 802 Wiley Drive, SW. Council approved this Agreement with reference to the City selling only a portion of Tax Map No. 1121401 . In preparation for the subsequent transaction, Purchaser's engineer created a subdivision plat to create a new parcel based on the map exhibit included in the approved Agreement (see attached). The plat revealed that a small portion of City-owned property designated as Tax Map No. 1130901 was also included in the property to be conveyed to 5311 Holdings, LLC, but was not specifically referenced in the original sale documents or City Council authorization. Recommended Action: Authorize the scheduling and advertising of a public hearing on November 18, 2013, at 7:00 pm for the proposed sale of a portion of Tax Map No. 1130901 to 5311 Holdings, LLC, to conform Council approval to the intent of the parties. / . Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director, Real Estate Valuation Wayne F. Bowers, Director, Economic Development Marc B. Nelson, Special Projects Coordinator, Economic Development J1 .*1-,11., .: Prepared by City of Roanoke Engineering Department and C ' > Development on August 6, 2012 yam - nsot-1 a 1�`1%ttf,t%Iih,' is Ge-} ,f ' 1.111 . 1•� '.. � ' - '�'. � 40 Ft SEWER EASEMENT .t t C � ADJACENT CITY-OWNED ?;-," nz PROPERTY 2.754 ACRES ', 'y�''� �v M ate. a' 4 a.� 'j` � '✓ ,T� >5 r ia.+� .. t ''�.'' a PROPOSED NEW PARCEL L" �.,.........,. ,.... 1.079 ACRES t *� 0.320 ACRES TO BE DEDICATED u v h . (. TO RIGHT OF WAY • ♦d � �:: .'tea .' k ,,I,-IT _..._,-,...71/44. -,- . '.', - .4,-: . ,-2---- tt ) om.�...---.,. Sill.` '•.. 4i _ "'„+i ;fr.$ . . ^. m rr t "1NCHEST qy ? ----- . . 4 r. nC> CITY COUNCIL AGENDA REPORT sw To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Request for a Public Hearing to Execute a Management Agreement for the Roanoke Civic Center that Includes the Lease of Portions of the Roanoke Civic Center as Office Space Background: In January of 2009, the City entered into a five (5) year management agreement with Global Spectrum, LP for the management and operations of the Roanoke Civic Center. That agreement included a lease of portions of the Roanoke Civic Center as office space. The current contract will expire on December 31 , 2013 for the management and operations of the Roanoke Civic Facilities complex. The City issued a Request for Proposal (RFP) in July for the management and operations of the Roanoke Civic Center. A selection committee representing members of the Civic Center Commission, Department of Management & Budget, Purchasing, and the City Manager's Office was established to review proposals and select the most qualified company. Interviews were conducted with two firms, Global Spectrum, L.P. and SMG, Inc. The Department of Management & Budget analyzed both financial proposals as well as benchmarked other localities that currently contract with the firms. The committee determined that Global Spectrum made the best proposal and that such proposal met both the financial and event management requirements. Negotiations for an agreement were conducted with Global Spectrum to provide the services referred to above. The proposed term of the agreement is for a period of five (5) years, beginning on January 1 , 2014, with an option to renew for an additional period of time not to exceed five (5) years, subject to the mutual agreement of the parties. Considerations: An agreement has been developed for the management and operations of the Roanoke Civic Center, including provisions for the lease of portions of the property as office space. A public hearing is required prior to City Council authorizing the execution of the agreement. Recommended Action: Authorize the scheduling of a public hearing for City Council's regular meeting on November 18, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the execution of a management agreement (that includes the lease of portions of the Roanoke Civic Center as office space) for the Roanoke Civic Center to Global Spectrum, LP. Notice of the public hearing must be published at least five (5) days before the public hearing. • topher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management & Budget 2 -'�- , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 5, 2013 Captain Samuel Roman, Jr., Secretary Towing Advisory Board Roanoke, Virginia Dear Captain Roman: This is to advise you that Joseph A. Wood has qualified as a member of the Towing Advisory Board for a term of office ending October 31, 2014. Sincerely, . rvr Stephanie M. Moon, MMC City Clerk Ckjcl/oaths and qualifications/towing advisory board/joseph wood.docx Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Joseph A. Wood, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a term of office ending October 31, 2014, according to the best of my ability. So help me God. Josep A. Wood The foregoing oath of offi a was taken, sworn to, and subscribed before me by p /.3 Joseph A. Wood this/0 day of 20 . Brenda S. Hamilton, Clerk oft Circuit Court By i //'I�� ��/i: , Clerk 6�= CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 5, 2013 The Honorable Octavia L. Johnson Sheriff Roanoke, Virginia Dear Sheriff Johnson: I am enclosing copy of Resolution No. 39792-110413 authorizing the City Manager to accept the State Criminal Alien Assistance Program (SCAAP) Grant by the Bureau of Justice Assistance Office, in conjunction with the U. S. Department of Homeland Security, in the amount of $18,002.00, to the Roanoke City Sheriffs Department to partially fund the purchase of a new inmate transport vehicle. Furthermore, I am also enclosing copy of Budget Ordinance No. 39793-110413 appropriating funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), and amending and reordaining certain sections of the 2013-2014 Grand Fund Appropriations. The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 4, 2013, and are in full force and effect upon passage. Sincerely, tti-Le:4-1—) , rn �Jti)ve/ Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget Cksm1/agenda correspondence/November 4, 2013.docx V IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39792-110413. A RESOLUTION authorizing acceptance of the State Criminal Alien Assistance Program (SCAAP) Grant made to the City of Roanoke Sheriffs Department by the Bureau of Justice Assistance Office in conjunction with the U.S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept the State Criminal Alien Assistance Program(SCAAP) Grant in the amount of $18,002 to the Roanoke City Sheriffs Department to partially fund the purchase a new inmate transport vehicle. Such grant being more particularly described in the City Council Agenda Report dated November 4, 2013. 2. The Sheriff and the City Manager are hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The Sheriff and the City Manager are further directed to furnish such additional information as may be required by the Bureau of Justice Assistance Office in connection with the acceptance of the foregoing grant. ATTEST: tyr City Clerk. R-ballistic vests grant FY2014.10-21-13 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39793-110413. AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2013-2014 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013-2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Vehicular Equipment 35-140-5915-9010 $18,002 Revenues SCAAP FY14 35-140-5915-5915 18,002 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: nn . InektOvo City Clerk. ROANOKE SHERIFF ' S OFFICE 00/aura/o , £he November 4, 2013 Honorable David A. Bowers, Mayor Honorable Court G. Rosen, Vice Mayor Honorable David B. Trinkle, Council Member Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Anita J. Price, Council Member Honorable Sherman P. Lea, Council Member Dear Mayor Bowers and Members of Council: Subject: SCAAP Reimbursement Grant The State Criminal Alien Assistance Program (SCAAP) is administered by the Bureau of Justice Assistance Office of Justice Programs in conjunction with the U.S. Department of Homeland Security. SCARP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law. These guidelines apply to those individuals who were incarcerated for at least four consecutive days during the reporting period. On October 18, 2013, the Sheriff's Office was awarded $18,002 in grant funding. There is no required match for this program. In order to comply with grant requirements, all awarded funding will be used to partially fund the purchase of a new inmate transport vehicle. The new vehicle will replace an older model in the city fleet and shall be utilized to transport offenders. Recommended Action: Accept the SCAAP Reimbursement Grant described above and authorize the City Manager to execute the grant agreement and any related documents; such documents to be approved as to form by the City Attorney. In addition, adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $18,002 and to appropriate the same in an account to be established in the Grant Fund by the Director of Finance. P.O. Box 494 Roanoke, VA 24003, 540.853.2941 , fax 540.853.5353 Respectfully submit ed, ca �4 Octavia L. Johnso OLJ:dkb cc: Christopher P. Morrill, City Manager Stephanie M. Moon, City Clerk Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager Amelia Merchant, Director of Management and Budget CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: SCAAP Reimbursement Grant I concur with the recommendation from Octavia L. Johnson, Sheriff for the City of Roanoke, with respect to the subject referenced above. I recommend that City Council accept the State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant and authorize the City Manager to execute the grant agreement and any related documents; such documents to be approved as to form by the City Attorney. I further recommend adopting the accompanying budget ordinance to establish a revenue estimate in the amount of $18,002 and to appropriate the same in an account to be established in the Grant Fund by the Director of Finance. Christopher P. Morrill City Manager Distribution: Council Appointed Officers 11a '\\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39794-110413. A RESOLUTION accepting an award of Certified Local Government funding from the Virginia Department of Historic Resources in the amount of $17,500; and authorizing the City Manager to execute any documents and take any actions in connection with such award. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Virginia Department of Historic Resources award of Certified Local Government funds in the amount of$17,500 for an educational workshop and conference and reimbursement to the City for certain expenses for attendance at such workshop and conference, which funds do not require any City matching funds, all of which is set forth in the City Manager's City Council Agenda Report dated November 4, 2013, to this Council. 2. The City Manager is hereby authorized to execute a Certified Local Government Grant Agreement 2013-2014, substantially similar in form to the Agreement attached to the above-referenced Agenda Report, and other documents required for the City to accept such funding, all of such documents to be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such additional documents as may be necessary to obtain, accept, implement, administer, and use the above Certified Local Government Grant Funds in an amount of up to $17,500 for certain expenses for attendance at such workshop and conference, as set forth above, which funds do not require any City matching funds, all of which is set 1 forth in the City Manager's City Council Agenda Report dated November 4, 2013, to this Council, with any such documents to be approved as to form by the City Attorney. ATTEST: City Clerk. R-Accept CLG Grant from MR doe 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39795-110413. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Historic Resources Certified Local Government Grant, amending and reordaining certain sections of the 2013-2014 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013-2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services - ARB 35-610-8172-2010 $ 17,500 Workshop Revenues Certified Local Government FY14 - ARB 35-610-8172-8172 17,500 Workshop Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �y hrQwJ City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Acceptance of Certified Local Government (CLG) Grant Funds to Host Statewide Architectural Review Board (ARB) Workshop, Provide Preservation Virginia Conference CLG Stipends Background: Virginia's Department of Historic Resources (DHR) is required by provisions of the National Historic Preservation Act to grant at least 10% of its annual Historic Preservation Fund monies to CLGs in the state. The CLG Grant Program can be used for a variety of projects including surveys, National Register nominations, preparation of preservation plans, and educational events. In response to DHR's 2013-2014 Request for Applications, the City of Roanoke's Department of Planning Building and Development, in collaboration with Preservation Virginia, Inc., applied for funds in March, 2013, to host an educational pre- conference ARB workshop for historic preservation commissioners, local government staff and other interested parties coinciding with the Virginia Preservation Conference that was held in Roanoke from October 20-22, 2013. The City of Roanoke received a CLG Grant award from DHR in the total amount of $1 7,500. Attached is a grant agreement with DHR. No matching funds are required from the City of Roanoke as a condition of accepting the grant award. The ARB workshop was offered as a pre-conference training opportunity to architectural review board members from Virginia's CLGs and from other Virginia localities on Sunday, October 20, 2013. The professional speakers, training and all materials were provided by the National Alliance of Preservation Commissions (NAPC) under contract with Preservation Virginia, Inc., through the NAPC's Commissioners Assistance and Mentoring Program (CAMP). The grant underwrote all costs of CAMP (with the exception of lunch and refreshments) as well as the cost of one night's lodging for an estimated minimum attendance of 50 people. The grant was also used to provide a stipend for one representative of each designated Virginia CLG to attend the Preservation Virginia's annual statewide preservation conference held on October 20-22 at the Hotel Roanoke in the City of Roanoke. Additionally, the grant award will cover the cost of seven City of Roanoke ARB members and one City staff member who attended the Sunday ARB workshop and the Preservation Virginia Conference. Attendance at the workshop meets annual training requirements for CLG architectural review board members and was accredited by the American Institute of Architects and the American Planning Association. As such, the CAMP session is of particular benefit to the City of Roanoke ARB members and staff by providing a continuing educational opportunity in a convenient location. While fulfilling a critical training need, this workshop also serves to build a stronger alliance and network of preservation professionals and volunteers working in preservation on behalf of local governments in Virginia. Considerations: City Council action is needed to formally accept and appropriate the grant funds to support the project. Recommended Action: Authorize the City Manager to execute any required grant agreements or documents, approved as to form by the City Attorney, and to take any necessary actions to revise, implement and administer such grant. Adopt the accompanying budget ordinance to establish a revenue estimate for state grant funds in the amount of $17,500, and appropriate funding of the same amount to an account to be established by the Director of Finance in the Grant Fund. • .stopher P. Morrill City Manager Distribution: Council Appointed Officers • 2 Certified Local Government Grant Agreement 2013-2014 This agreement entered into this 1st day of June,2013, by the Commonwealth of Virginia,Department of Historic Resources (DHR), and the City of Roanoke,the Certified Local Government(CLG), WITNESS that DHR and the CLG, in consideration of the mutual covenants, promises,and agreements herein contained, agree that the grant awarded by DHR to the CLG shall be described below: Project Title: Architectural Review Board Training at Workshop and Virginia Preservation conference in the City of Roanoke Grant Amount: $17,500 Matching Share: $0 Total Project Costs: $17,500 Grant Period: June 15,2013,* through June 15,2014. *Actual start date is the date of full execution of agreement. This grant agreement incorporates the following documents: (1) This signed form; (2) DHR Request for Applications—2013-14 CLG Subgrant Program,dated January 25, 2013: (3) Grant Application from the City of Roanoke, dated March 25, 2013; (4) Any negotiated modifications thereto,all of which are referenced below: a. Any publications produced with grant funds must include the language concerning NPS financial assistance and nondiscrimination as shown below: This publication has been financed in part with Federal funds from the National Park Service,U.S. Department of the Interior.However,the contents and opinions do not necessarily reflect the view or policies of the U.S.Department of the Interior.This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975,as amended,the U.S.Department of the Interior prohibits discrimination on the basis of race,color,national origin, disability or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity,or facility as described above,or if you desire further information,please write to: Office of Equal Opportunity,National Park Service, 1849 C Street,NW, Washington,D.C.20240. Page 2, City of Roanoke May 14, 2013 IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be duly executed, intending to be bound thereby. CERTIFIED LOCAL GOVERNMENT COMMONWEALTH OF VIRGINIA DEPT. OF HISTORIC RESOURCES Signature:l\ ,v, I `lMQ,L2 Signa . .t r Name: R. Brian Townsend Nam . athleen S. Kilpatrick Title: Assistant City Manager Title: Director 2 Date: 5-.):9- l Date: 5'/'5—/3 6v IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39796-110413. AN ORDINANCE authorizing the issuance and execution of a Change Order by the City Manager to the City's Contract with Adams Construction Company for additional work on the Pheasant Ridge Road Pavement Reconstruction Project; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Change Order to the above mentioned Contract, as well as the Contract itself; and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to issue and execute a Change Order, approved as to form by the City Attorney, to the City's Contract with Adams Construction Company for additional work for the Pheasant Ridge Road Pavement Reconstruction Project in the amount of an additional $144,876.58, all as more fully set forth in the City Council Agenda Report dated November 4, 2013. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Change Order mentioned above, as well as the Contract itself. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 1 beret) City Clerk. 4ot RO °` ,.by� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Authorization for Change Order to Construction Contract for Pheasant Ridge Road Pavement Reconstruction Background: The City of Roanoke entered into a Contract, dated June 6, 2013, with Adams Construction Company for the Pheasant Ridge Road Pavement Reconstruction project, Bid No. 13-11 -01 , in the amount of $126,655.92. This project is generally described as the restoration of approximately 900 feet of existing pavement along Pheasant Ridge Road, SW, near its intersection with Franklin Road, SW, to include milling, subgrade improvements, installation of asphalt, and associated work. Funding in the amount of $260,000 was appropriated for the project and includes $130,000 in State Revenue Sharing funds. Considerations: Due to the existence of unanticipated poor subgrade roadway materials which required additional undercut and backfill, it was necessary for the Contractor to construct a 12" thick combined pavement section instead of the 8" thick combined pavement section as called for in the original specifications. The additional work requested by the City results in an increase to the Contract in the amount of $144,876.58. City Council approval is needed to pay for such additional work through a Change Order to the current Contract. The additional funding required for this Change Order is available in the following accounts: 1 . $131 ,216 in account 08-530-9534, Pheasant Ridge Rd Reconstruction. 2. $13,661 from account 08-530-9504, Capital Street Paving FY14. This funding can be transferred to the Pheasant Ridge Rd Reconstruction account administratively by City Manager Transfer. Recommended Action: Authorize the City Manager to execute the additional Change Order, approved as to form by the City Attorney, to the City's Contract with Adams Construction Company, in the amlt of $144,876.58 for the additional work mentioned above. de / Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer Mark D. Jamison, P.E., Manager of Transportation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39797-110413. A RESOLUTION authorizing the City Manager to execute an Energy Pulse Agreement between Appalachian Power Company (APCo) and the City of Roanoke; and authorizing the City Manager to take certain other actions in connection with such Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute an Energy Pulse Agreement between APCo and the City for APCo to provide certain equipment to the City to allow the City to better monitor the electricity reduction at certain City facilities during the City's utilization of the City's contract with EnerNOC, Inc., all as more fully set forth in the City Council Agenda Report dated November 4, 2013. Council acknowledges that such Agreement will contain a hold harmless and indemnity provision and a limitation of liability provision in favor of APCo, which is part of APCo's standard agreement for these type of matters. Such Agreement shall be substantially similar to the Agreement attached to the above mentioned Agenda Report and shall be approved as to form by the City Attorney. 2. The City Manager is authorized to take any such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, implement, administer,perform,and enforce the above mentioned Agreement. ATTEST: City Clerk L.\ATTORNEY\DATA\MMCole\GE71Measures\R-APCo Pulse Agreementdoc b OPN CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Energy Pulse Agreement with Appalachian Power Company (APCo) Background: The City of Roanoke entered into a demand response agreement with EnerNOC, Incorporated (EnerNOC), whereby the City is paid to reduce electricity use during periods of high peak demand from June through September. These high peak demand periods are called demand response events. In order to finalize this arrangement, the City also needs to sign an Energy Pulse Agreement with Appalachian Power Company (APCo) to install isolating relays in the billing meter compartments at seven City locations. Considerations: EnerNOC needs electric pulse data to monitor electricity reduction at seven City facilities to ensure that the City receives maximum payment for each demand response event. Upon completion of this Agreement, meters will be installed by EnerNOC to capture this data. The City is liable for damages arising from improper installation of equipment or defects above $9,485 (the cost of installing the isolating relays for each of the billing meters). City staff has discussed the installation process with EnerNOC and APCo and has no concerns regarding the installation. City staff will be present during the installation and will inspect the work performed. Based on anticipated payments from EnerNOC the total amount the City is expected to receive is estimated in excess of $1 30,000 over five years. Under the proposed terms of this Agreement, APCo requires the City to hold APCo harmless and indemnify APCo from any and all liability, claims, or demands for damages to property or injury or death to persons which may arise from any incident or occurrence involving the services provided by APCo under the Agreement. In addition, the Agreement limits the liability of APCo and its affiliates solely to the amount paid to APCo under the Agreement. APCo has advised the City that APCo will send APCo's invoice to EnerNoc for payment. In the event that EnerNOC fails to pay this invoice, the City will be obligated to make payment. The City is also responsible for maintenance of the installations and will reimburse APCo on a time and material basis for any maintenance costs incurred by APCo. A copy of the Agreement is attached to this report. Recommended Action: Authorize the City Manager to execute the Agreement with APCo, substantially similar to this Report with such agreement to be approved as to form by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents approved as to form by the City Attorney, as may be necessary to obtain, administer, perform, and enforce the Agreement. ► ri opher P. Morrill City Manager Distribution: Council Appointed Officers 2 Energy Pulse Agreement This agreement entered into this 25th day of June 2013 by and between the City of Roanoke,Virginia. (Customer)and Appalachian Power Company(Company). The Company agrees to furnish as part of its metering facilities immediately adjacent to its metering base or metering cabinet,located at *seven locations listed on page no.2 energy pulses only(also know as KYZ pulses). Energy interval pulses shall mean isolation relay contact closures only. Services furnished will be provided via isolating relays under the following conditions: 1.Company shall provide and install the necessary isolating relays in the billing meter compartment and make all connections of the output wires to these isolating relays. Customer agrees to pay $9,485.00 for all labor,equipment, material,and installation expense associated with the initial installation of the required isolating relays and related wiring. 2.Customer shall install and maintain,at their expense,the conductors from the billing meter compartment to the load management device. Customer shall supply power to operate the load control device. Energy, reactive energy,and/or end of interval pulse values provided will be those in use by Company in its billing meter equipment and can be changed by Company. Therefore,the Customer's equipment should be capable of adjustment or calibration to account for such changes. 3.The integrity and accuracy of Company's billing meter equipment must be maintained. Company shall have the right to interrupt the energy,reactive energy,and/or end of interval pulse circuits to perform any tests or maintenance it determines necessary or desirable on its billing meter or related equipment. Further,this contract and Company's obligation to provide energy,reactive energy,and/or end of interval pulses,can be canceled at any time upon 90 days notice. 4.Company shall have no responsibility for affecting the operation of the Customer's load control equipment. Company shall be under no obligation to adjust Customer's billing demand or demand charges due to any failure to the services provided hereunder or of Customer's load management system to limit the actual demand,or any failure,for whatever reason,to provide the energy,reactive energy,and/or end of interval pulses under this agreement. 5.The Customer agrees to hold harmless and indemnify Company from any and all liability,claims or demands for the damage to property or injury or death to persons which may arise out of or be caused in any manner by any incident or occurrence involving the supplying of services under this agreement. Neither Company or its affiliated companies shall be liable,whether arising out of contract,tort(including negligence), strict liability,or for any other cause or form of action whatsoever,for loss of anticipated profits or savings,loss by reason of plant or other facility shutdown,non-operation or increased expense of operation service interruption,cost of purchased or replacement power,claims of Customer's customers or others,cost of money, loss of use of capital or revenue or any damages associated with Customer's use or intended use or inability to use the information and services provided for under this agreement or for any special,incidental or consequential loss or damage or any nature,whether similar to those mentioned above, arising at any time or from any cause whatsoever. The total liability of Company and its affiliated companies arising from any form or case of action shall not exceed the contract price for the contract services upon which such liability is based. 6.Customer agrees to be financially responsible for all maintenance of the installed facilities and to reimburse Company on a time and material basis for any maintenance costs incurred. City of Roanoke Appalachian Power Company By: (Print) By: (Signature) (Signature) Title: Title: Date: Date: 8-17-2004 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39798-110413. A RESOLUTION authorizing the City Manager to execute an Agreement among Norfolk Southern Railway Company, Carilion Services, Inc., and the City of Roanoke that provides for the relocation of a Railway grade crossing and the realignment of part of Reserve Avenue; and authorizing the City Manager to take certain other actions relating to such Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute an Agreement among Norfolk Southern Railway Company, Carilion Services, Inc., and the City of Roanoke that will provide for the relocation of a Railway grade crossing and the realignment of part of Reserve Avenue, all as more fully set forth in the City Council Agenda Report dated November 4, 2013. Such Agreement shall be substantially similar to the one attached to such Agenda Report and shall be approved as to form by the City Attorney. 2. The City Manager is authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to complete the relocation of the Railway grade crossing and realignment of part of Reserve Avenue, and to implement, administer, and enforce the above mentioned Agreement, including any amendments or extension thereto. ATTEST: City Clerk K:\GET\Measures\R-Agreement-NS,Carilion,City-relocate railway grading and realign reserve ave.doc STATEMENT OF CONFLICT OF INTEREST I 'DAL) it att E state that I have a personal interest in agenda item 7.a. 'l' regarding do p,6,t'u 01/4.4,nt a.»bnt &± A(or c(2))c_ .ovc9'hnJ . ?a�lvvM1 (,rvnpun I aim, (laird , ON SeculcPS, zu,.c because 04- r a yvt ecvtp1 or(Q ( tj an af� I le a. 0€ (art !\ ON GettlItyS, C, I • Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask the City Clerk to accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this t fb day of /\IpU{n, (,ptr— , 2013. 2 i ,- (SEAL) - GWkGI tilt (e_ ,a4Sr CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Authorization of an Agreement Among Carilion Services, Inc., Norfolk Southern Railway Company, and the City of Roanoke to Relocate a Railway Grade Crossing and Realign Part of Reserve Avenue Background: In 2002, Carillon Medical Center (Carilion) obtained rezoning of six parcels of land located on the south side of Jefferson Street between the Norfolk Southern Railway Company (NS) right-of-way and the Roanoke River (Ordinance No. 35951 -061 702.) These parcels now contain a parking deck that serves Carilion Roanoke Memorial Hospital and the Honeytree Learning Center. Included in that rezoning was a proffer in which Carillon agreed to remove, realign, and relocate a portion of Reserve Avenue including the existing at-grade rail crossing on Reserve Avenue. Considerations: Carillon, through Carillon Services, Inc. (Carilion Services), is now ready to proceed with the realignment of Reserve Avenue and has negotiated an agreement with NS for the relocation of the existing at-grade rail crossing. Both the existing and relocated at-grade crossings are public street crossings. The City of Roanoke maintains Reserve Avenue in its existing configuration and is anticipated to inspect and accept the relocated part of Reserve Avenue into its maintenance inventory, upon satisfactory completion of construction by Carillon Services and/or NS (including compliance with any environmental requirements) and acceptance by the City of the improvements. All improvements will be completed at the sole cost of Carilion Services and/or NS. No City funds will be required. NS will continue to maintain the rail crossing itself to include the rails, warning devices, and signals. The City is a party to the agreement because the relocated rail crossing will be a public crossing for which the City will own the approaching rights-of-way and will have responsibility for maintenance of the approaching rights-of-way. A draft copy of the agreement, with exhibits, is attached to this Report. Recommended Action: Authorize the City Manager to execute an agreement substantially similar to the above mentioned agreement among Norfolk Southern Railway Company, Carilion Services, Inc., and the City of Roanoke that is attached to this report, with the form of such agreement to be approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents, approved as to form by the City Attorney, as necessary to complete the relocation of the Railway grade crossing and realignment of part of Reserve Avenue, and to implement, administer, and enforce the above mentioned agreement, including any amendments or extensions thereto. istopher P. Morrill City Manager Distribution: Council Appointed Officers Wayne Bowers, Director of Economic Development Mark Jamison, Manager of Transportation 2 'THIS AGREEMENT, made and entered into this day of , 2013 by and between NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, hereinafter styled "Railway"; CARILION SERVICES, INC., a Virginia corporation, hereinafter styled "Licensee"; and CITY OF ROANOKE, VIRGINIA, a Virginia municipality, hereinafter styled"City." RECITALS: WHEREAS; Railway, Carilion and City, for the safety of the public and for other public purposes, have agreed to relocate the current at-grade railroad crossing DOT/AAR#468022V and roadway to align with Reserve Avenue("Roadway Project"), as is shown cross-hatched on Exhibit"A". WITNESSETH: THAT the PARTIES HERETO agree as follows: 1. THAT for and in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Railway hereby grants unto Licensee and City, insofar as Railway's title enables it so to do and without warranty, the right to install automatic warning devices, hereinafter called "Warning Devices," to remove the approach roads to the current crossing, and to construct, maintain, use and remove a public road crossing, hereinafter called "Crossing," upon, along and across, at grade, the right of way or property and track(whether more than one track)of Railway, located at Milepost W-1.2 (Roanoke River District), at or near the City of Roanoke,Virginia, located substantially as shown upon print of Drawing No. WSRW00120.01, dated June 20, 2013, attached hereto and made a part hereof. Licensee hereby grants unto Railway and City, insofar as Licensee's title enables it so to do and without warranty, the right to enter onto Licensee's property for the purposes of completing the Roadway Project. 2. Railway will, at the expense of Licensee, perform the work of constructing the portion of the Crossing between the rails in said track and to the outside ends of the crossties on each side thereof; perform the work of installing and removing the Warning Devices; and shall revise, relocate and reconstruct signal facilities and other railway facilities in such manner as may be necessary to this project. Licensee will pay to Railway, promptly upon bill rendered therefor, the actual expenditures incurred by Railway in connection with the construction of the Crossing and the installation and moving of the Warning Devices, including, but not restricted to, the expenditures herein expressly described. The cost of the work to be performed by Railway in connection with the installation of the Crossing has been estimated to be$88,285.00 said estimate being attached hereto as Exhibit B. The cost of the work to be performed by Railway in connection with the moving and installation of the Warning Devices has been estimated to be $183,082.00, said estimate being attached hereto as Exhibit C and made a part hereof. Railway shall contribute $50,000 towards the cost of the Warning Devices. 3. Licensee will, at the expense of Licensee, construct the Crossing(except the portion of the Crossing to be constructed, and maintained by Railway as aforesaid), and City will, upon inspection and acceptance of the street improvements, maintain the Crossing (except the portion of the Crossing to be constructed, maintained and removed by Railway as aforesaid) including all necessary drainage, in all respects in accordance with the requirements of Railway looking to the safe and convenient operation and maintenance of its line of railway. 4. In the event the City, at any time following completion of the Roadway Project, reasonably determines it is required to remove or relocate the Crossing, the City shall provide six months prior written notice to Licensee and Railroad, and before disturbance of the crossing allow the parties to cure any concerns of the City regarding the existing crossing location or to reach a reasonable alternative route. After change or alteration of the Crossing, the terms and conditions of this Agreement shall apply thereto. 5. In each instance when a vehicle approaches the Crossing, it shall stop and shall not proceed over said track of Railway until the driver has ascertained that no train or other rail equipment of Railway is approaching the Crossing. Until the Crossing becomes operational, the Licensee will, at Licensee's expense, provide for the installation and maintenance of such information, caution, traffic signs and barricades, including additional automatic warning devices, deemed necessary or required by any authorized public authority for the Crossing and the current crossing. After the Crossing becomes operational, City will, at City's expense, provide for the installation and maintenance of such information, caution, traffic signs and barricades, including additional automatic warning devices, deemed necessary or required by any authorized public authority at the Crossing. Railway's failure to require protective signs, barricades or additional automatic warning devices shall not affect Licensee's or City's obligations under the terms of this Agreement. Under no circumstances shall any provision of this Agreement be construed or interpreted to be a waiver of sovereign immunity by the City and the City expressly reserves all of its rights and protections of sovereign immunity to the fullest extent of applicable law. 6. Licensee and City accept the privilege hereby granted with full cognizance of the risk of loss of life, personal injury and property loss or damage that may be caused by railway operations at or in the vicinity of the Crossing, and by the construction, maintenance, or use by the Licensee or others. Until the Crossing becomes operational, the Licensee is willing to assume this risk and covenants that the privilege hereby granted shall be used and enjoyed at the sole risk of the Licensee. 7. In order to contribute toward the safety of train and motor vehicle operations at the Crossing, (a) Licensee will, at all times during the term of this Agreement, (i) keep the vegetation on its property adjacent to the Crossing cut in a manner and to such extent as is necessary to permit a person approaching the Crossing from either direction to see approaching trains before such person reaches the Crossing; and (ii) prevent the erection of any structures on its property adjacent to the Crossing that would interfere with the view of trains approaching the Crossing or other rail equipment operating on the track at the Crossing. (b) City will, at all times during the term of this Agreement, (i) keep the vegetation on its property adjacent to the Crossing cut in a manner and to such extent as is necessary to permit a person approaching the Crossing from either direction to see approaching trains before such person reaches the Crossing; and (ii) take reasonable steps to encourage the public to use the Crossing in compliance with applicable posted information, traffic signs, and automatic warning devices. 8. The word"Railway" as used herein shall include any othercompany whose property at the aforesaid location may be leased or operated by Railway. Said term also shall include Railway's officers, agents and employees, and any parent company, subsidiary or affiliate of Railway and their officers, agents and employees. 9. Any party may seek removal of the Crossing in accordance with the laws of the Commonwealth of Virginia and terminate this Agreement at any time hereafter by serving upon the other partiesthirty (30) days' written notice of election so to do. 10. This Agreement shall take effect as of the day of , 20_. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, each part being an original, as of the day of , 20_. Witness: NORFOLK SOUTHERN RAILWAY COMPANY By: As to Railway Title: Real Estate Manager Witness: CARILION SERVICES, INC. By: As to Licensee Title: Witness: CITYOF ROANOKE,VIRGINIA By: As to City Title: EXb; b >4. A Y TO BELT LINE JET \ TO ROANOKE --� IRS.SOUTro Y U..� IR.R.NORTH) �� RAJ..ASCENDING) A I (M.P.DESCENDING; Y I III 6' (0- R,O.W,.--ic —_— N 1 I 4'x! -SP-, is SIG 'A' [®' I f )(X' C f■ 15' I 90' J/ 6000 GCP MAIN(INE i 1 525 HZ TI 7.1 KHZ I 1 15' 1 MINIMUM FROM { 1 '' NEAREST RAIL 1 29 .Ila OF ADEQUATE '�25 111 ♦ A SIG '8'g� XX RT-OF-NAY) 1 -30' • I 3*PVC PIPE '� 2' SERVICE /'. IS' Jk IS' 1C-2'-3"1 3N' 1 NOTES: © rr I I V I.MAX.TRAIN SPEED 15 M.P.H. 1 F / 2.I AT ITUDE N 37' 15'29'LONGITUDE W 79' 56'30' f � / ELEVATION BOB' iV RESERVE AVE 3.SIGNAL 'A'TO HAVE BELL. /0 (PROPOSED) • 4.LOCATE U/G UTILITIES 6 CABLE BEFORE DIGGING. • „A' 466 022V 5.CROSSING LOCATED IN RO4010 COUNTY, F" p. i RELOCATED FRDV OLD RF SFPVf AVE 6.NEAREST STREET ADDRESS IS .. --- / IRRR 010 PETERSON ST N. ,/ T.NEAREST INTERSECTING STREET IS SOUTH JEFFERSON ST }�` 0' SCALE:I'= 20' FILE B,DISTANCE TO NEAREST INTERSECTING `S CURB B GUTTER PROJECT "13.03% LAYOUT CX01233T0 STREET IS 559_FT. _ _ __ I-� 7`-Yf�._. NORFOLK 9,THE UNDERGROUND PIPE IN QUADRANT 'A'MAY INTERFERE Mg 06-2W-I3 SOUTHERN W;TH INSTALLATION.RELOCATION MAY BE NECESSARY. • ®- OFFICE OF�66'T.vl E PRESTOEM µpm W-1.20 ilori HAND-DIGGING WILL BE REQUIRED. ca 06-20-13 - - g" ppKg p ®©©O = QUADRANT MARKERS I<'P,AIMP1LM PROPOSED i�CS AT VRESERVE AVE eepFnTr ®Y:1:OIIi'! WINSTON-SALEM 07 12-1 �I I I I I I I I I I I NORFOLK SOUTHERN RAILWAY CO. 8. Ne WSR1700120.01 Nw�T 1 of 22 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 5, 2013 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 39799-110413 authorizing execution of an agreement with Roanoke County to lease a portion of that certain City-owned property located at 5401 Barns Avenue, N. W., designated as a portion of Roanoke City Official Tax Map No. 6610101, to be used by the County to construct and operate its Police Academy, for a term of 40 years, at an annual rental of $1.00 per year, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 4, 2013, and is in full force and effect upon its passage. Sincerely, , rein,..) Stephanie M. Moon, MMC City Clerk Enclosure pc: Clay Goodman, County Administrator, County of Roanoke, P. O. Box 79800, Roanoke, Virginia 24018 Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Christopher Perkins, Chief of Police Cksm1/agenda correspondence/November 4,2013.docx IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39799-110413. AN ORDINANCE authorizing the City Manager to execute a ground lease agreement with Roanoke County ("County"), for the lease of a portion of that certain City-owned property located at 5401 Barns Avenue, N.W., Roanoke, Virginia, designated as a portion of Roanoke City Official Tax Map No. 6610101; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke ("City") currently operates its Police Academy located at 5401 Barns Avenue, NW; designated as Roanoke City Official Tax Map No. 6610101; WHEREAS, the County has elected to construct its Police Academy on the same property as the City's Police Academy and to connect its Police Academy with the City's Police Academy so that both Police Academies can utilize shared facilities; WHEREAS, the City and the County desire to enter into a ground lease to allow the County to construct and operate the County's Police Academy on this City owned parcel of property; and WHEREAS, in accordance with §15.2-1800 of the Code of Virginia (1950), as amended, a public hearing is not required for the lease of property between two Virginia localities. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Ordinance approving Ground Lease-Police Academy.doc 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, a ground lease agreement with Roanoke County, to lease a portion of that certain City-owned property located at 5401 Barns Avenue, N.W., Roanoke, Virginia, designated as a portion of Roanoke City Official Tax Map No. 6610101, to be used by the County to construct and operate its Police Academy, for a term of forty (40) years, at an annual rental of $1 per year, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated November 4, 2013. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: , ) City Clerk. 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Ground Lease Agreement Between the City of Roanoke and County of Roanoke to Facilitate Construction of Roanoke County Police Academy Background: The staffs of the City and County have been working to provide a mechanism to facilitate the construction of a Roanoke County Police Academy at the site of the existing City of Roanoke Police Academy located on Tax Map Parcel 6610101 , generally known as 5401 Barns Avenue, N.W.. The Roanoke County Board of Supervisors has recently approved the acceptance of a proposal from Shockey P3, LLC, to construct a Police Academy facility. The construction of the Roanoke County Police Academy on this site will facilitate the shared use of the existing City of Roanoke Police Academy and provide, over the long term, a more efficient means of police academy and in-service training programs for the police departments of both the City and the County. In order to provide a means for the construction of the Roanoke County Police Academy on this site, a ground lease between the City and Roanoke County has been developed. This long-term ground lease will enable the County to commence the design and construction of their facility immediately adjacent to the existing Police Academy and provide for the construction of additional on- site parking necessary to support the combined operations. An Operating Agreement has also been developed which will govern the method by which shared/common facilities, utilities, and other common expenses will be allocated between the City and the County upon completion of the Roanoke County Police Academy building. That Operating Agreement is subject to separate City Council action. Considerations: The proposed Ground Lease is for a term of Forty (40) years, at the nominal consideration of One Dollar ($1 .00) per year. The lease shall terminate on October 31 , 2053. The County of Roanoke will be solely responsible for construction of its proposed facility including obtaining all necessary permits and approvals. The County will also be responsible for the funding of its proposed facility, and all necessary improvements to the site to facilitate the construction of its facility, including utility extensions and related site work. The City has agreed to provide $250,000 in funding in support of expansion of the adjacent parking lot which will also address existing parking needs of the City's Academy during peak usage times. Such funding is already provided in the FY-14 Capital Improvement Program. Pursuant to Sections 1 5.2-1800 and 1 5.2-181 3 of the Code of Virginia (1950), as amended, a public hearing is not required for the lease of property between two Virginia localities. A copy of the proposed Ground Lease is attached to this report for City Council's information and review. Recommended Action: Approve the terms of the Ground Lease between the City of Roanoke and County of Roanoke as set forth in the attachment to this report. Authorize the City Manager to execute such Ground Lease, substantially similar to the one attached to this report, with the form of such Ground Lease to be approved by the City Attorney. istopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Christopher Perkins, Chief of Police 2 GROUND LEASE AGREEMENT BETWEEN THE CITY OF ROANOKE, VIRGINIA, AND THE COUNTY OF ROANOKE, VIRGINIA THIS GROUND LEASE, made and entered into this day of November, 2013, by and between the CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "City" or "Landlord", and the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "County" or "Tenant." WITNESSETH: WHEREAS, the Landlord owns certain property located in the City of Roanoke, Virginia, at 5401 Barns Avenue, NW and designated as Tax Map No. 6610101, which it uses for the operation of a criminal justice training academy; and WHEREAS, Tenant has received an unsolicited PPEA proposal from Shockey P3, LLC, a Virginia limited liability company, to design and construct a criminal justice training academy for the Tenant; and WHEREAS, Tenant desires to lease a portion of Tax Map No. 6610101 from Landlord to construct and operate a criminal justice training academy for the County's use; and WHEREAS, Landlord desires to lease such property to Tenant, and Tenant desires to lease the same, upon the terms and conditions set forth in this Ground Lease; and WHEREAS, City Council for the City of Roanoke, and the County Board of Supervisors for the County of Roanoke, approved this Ground Lease between the parties pursuant to City Council Resolution No. , and the County Board of Supervisors Ordinance No. THAT for and in consideration of the mutual covenants contained herein, the Landlord and Tenant hereby covenant and agree as follows: PREMISES AND LEASE TERM 1. Lease of Site. The Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord that certain portion of land for the construction of a police academy and additional parking, known generally as 5401 Barns Avenue located in the City of Roanoke and designated as Tax Map No. 6610101, shown as the highlighted area on a certain plat of survey titled, "Roanoke County Criminal Justice Training Academy", prepared by Draper Aden Associates and dated April 15, 2013, a copy of which plat is attached to this Ground Lease and incorporated herein by reference as Exhibit "A" and which is hereinafter referred to as the "Site". 2. Use of Site. During the term of this lease, the Tenant shall use the Site for the sole and non-exclusive purpose of constructing, operating and managing a criminal justice training academy, which shall be an addition to or expansion of the Landlord's existing criminal justice training academy. The Tenant has received an unsolicited PPEA proposal from Shockey P3, LLC, a Virginia limited liability company, to design and construct a criminal justice training academy for the Tenant. It is the intent of the parties that this new construction shall be an addition to or expansion of an existing criminal justice training academy of the Landlord. When construction is complete the parties will operate and use the combined facilities for their mutual benefit. Tenant agrees that it will not use the Site for any other purpose not related to construction and operation of a criminal justice training academy without the written consent of Landlord. 3. Term. This lease shall be for a term of Forty (40) Years commencing on November 1, 2013 and ending on October 31, 2053. 4. Rental. The Tenant shall to pay the Landlord rental for the Site in the amount of One Dollar ($1)per year. 5. Site Leased As Is. The Tenant agrees that the Site is leased to the Tenant in an "as is" condition and without warranty of any kind as to merchantability, habitability, or fitness for any particular use or purpose. Landlord makes no warranty or representation as to the title, environmental or physical condition of the Site. 6. Permits. The Tenant shall be solely responsible for obtaining any and all necessary building permits and development approvals required by state, federal, and local law for the construction of the criminal justice training academy addition or expansion. All such permits and approvals shall be obtained at the sole cost and expense of the Tenant. The Tenant agrees to submit all required permit applications to the Landlord within one year from the Landlord's approval of the final design. The Tenant shall be responsible for diligently pursuing all permit applications to conclusion. 7. Construction. The Landlord will provide access to the Landlord's portion of the Site and the Landlord's criminal justice training academy for purposes of Tenant's construction of its criminal justice training academy addition or expansion. The Tenant shall provide the Landlord with the design and construction plans prepared by Shockey P3, LLC, a Virginia limited liability company, for its review and approval, prior to commencement of any construction on the Site. Tenant agrees to comply with all changes to the design and construction plans reasonably requested by the Landlord. Tenant agrees that such plans must comply with all building and zoning requirements required by applicable law. 8. Utilities. The Tenant shall be responsible and promptly pay for its portion of public and private utility services to and from the Site during the term of this Ground Lease, including the costs of installation and connection of wiring, pipes, necessary to provide utility service to the Site. 2 9. Control of Premises. During the term of this Ground Lease, the Tenant shall have joint control over the Site along with the Landlord, provided, that the Landlord may enter the Tenant's improvements at all reasonable times for the purpose of inspecting the Tenant's compliance with the terms of this Ground Lease. 10. Insurance. The Tenant is self-insured and through its self-insurance program provides coverages as follows: (a) General liability self-insurance covering Tenant's business operations at the Site. (b) Property and casualty coverage for all of Tenant's real and personal property to which Landlord and its employees are granted access or given use, and all Tenant's infrastructure and improvements to the Site. (c) Other insurances typically maintained within Tenant's governmental activities. 11. Liens. The Tenant shall keep its interest in this Ground Lease, and the Site, free from any liens arising out of any work performed or materials ordered or obligations incurred by or on behalf of the Tenant and agrees to indemnify, hold harmless, and defend the Landlord from any liability from any such lien. 12. Presence and Use of Hazardous Materials. The Landlord or the Tenant shall not use, dispose of, treat, generate, or store any substance designated as, or containing components designated in such form as hazardous, dangerous, toxic, or harmful ("Hazardous Substances"). 13. Default. Upon the Tenant's default under this paragraph (after expiration of the 30- day notice and cure period set forth in paragraph 13, and in addition to the rights and remedies set forth elsewhere in this Ground Lease), the Landlord shall be entitled to, at the Landlord's option, terminate this Ground Lease immediately; and recover any and all damages associated with the default, including, but not limited to, cleanup costs and charges, civil and criminal penalties and fees, and any and all damages and claims asserted by third parties. The parties agree that Tenant shall have a period of time not to exceed thirty (30) days to cure the default unless a longer period of time, as determined in the discretion of Landlord, is needed to cure the default. In the event such default is not cured upon written demand by Landlord, Landlord shall have the right to terminate this Lease, and upon such termination all improvements made by Tenant shall become the exclusive property of Landlord. Landlord agrees to reimburse 3 Tenant the remaining depreciated value of the improvements, provided that the Tenant can demonstrate a good faith effort to cure such default. 14. Assignment. The Tenant shall not assign, transfer or sublet (collectively "an assignment") all or any portion of the Site without first obtaining the written consent of the Landlord, which consent the Landlord may withhold in its sole discretion. Any assignment of this Ground Lease shall be subject to the assignee assuming all of the Tenant's obligations herein. Any attempted assignment without the Landlord's consent shall be void and confer no right upon any third parties. A consent to an assignment shall not constitute a waiver or discharge of the provisions of this paragraph with respect to any subsequent assignment. The Tenant shall remain obligated under the provisions of this Ground Lease in the event of a breach by the assignee. 15. No Release. The consent by the Landlord to an assignment shall not in any way be construed to relieve the Tenant or the assignee or sublessee from obtaining the express written consent of the Landlord to any further assignment or to release the Tenant from any liability under this Ground Lease. 16. Termination. In the event that the Tenant fails to comply with any provision of this Ground Lease, where such failure shall continue for a period of thirty (30) days after written notice of such failure has been given to the Tenant by the Landlord, the Landlord may, at its option, immediately terminate this Ground Lease and any and all rights of the Tenant hereunder. All such improvements made on the Site by Tenant will become the exclusive property of Landlord upon the termination of this Ground Lease at no cost to Landlord. 17. Vacation of Premises —Improvements. Should the Tenant fail to use the Site as a police training facility or should the parties terminate this Ground Lease for other reasons, the Tenant agrees to vacate the premises within thirty (30) calendar days. All improvements on the Site made by the Tenant shall become the property of the Landlord upon the termination or expiration of this Ground Lease, subject to the review and approval of the government of the United States. The improvements will be constructed using federal asset forfeiture funds, and the use of said funds and any improvements constructed with said funds, are subject to any and all federal statutes and regulations. 18. Holding Over. If the Tenant holds over after the expiration or termination of this Ground Lease without the express written consent of the Landlord, the Tenant shall be a tenant at sufferance only and shall be otherwise subject to the terms, covenants, and conditions of this Ground Lease, insofar as applicable. In such event, the term of the Lease shall convert to an annual, and may be terminated by either party on six month's notice. 20. Miscellaneous. 4 20.1 No Partnership. This lease agreement shall not be deemed to give rise to a partnership or joint venture, and neither party shall have the authority to obligate the other without the other's written consent. 20.2. Entire Agreement. This Ground Lease contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings among the parties with respect thereto. This Ground Lease may be amended only by an agreement in writing signed by the parties. 20.3. Consent of Parties. Unless otherwise provided herein, whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval. 20.4. Corporate Authority. Each party covenants that proper governmental authority has been obtained to execute this Lease. 20.5. Successors. This Ground Lease shall be binding on and inure to the benefit of the parties and their successors. 20.6. Status of Parties on Termination of Ground Lease. Except as specifically provided in this Ground Lease, if a party elects to terminate this Ground Lease as allowed in this Ground Lease, on the date the Ground Lease terminates the parties shall be released from further liabilities and obligations. 20.7. Exhibits -Incorporation in Ground Lease. All exhibits referred to are attached to this Ground Lease and incorporated by reference. 20.8. Waiver. No purported waiver by the Landlord of any default by the Tenant of any term, condition or covenant contained herein shall be deemed to be a waiver of such term, condition or covenant unless the waiver is in writing and signed by the Landlord. No such waiver shall in any event be deemed a waiver of any subsequent default under the same or any other term, condition or covenant contained herein. The consent or approval by the Landlord to or of any act by the Tenant requiring the Landlord's consent or approval shall not be deemed a waiver of the requirements of the Landlord's consent or approval to or of any subsequent or similar acts by the Tenant. 20.9. Duplicate Originals. This Ground Lease may be executed in any number of duplicate originals, each of which when fully executed by the Landlord and the Tenant shall be deemed an original and all of which together shall be deemed the same lease. 20.10. Remedies Cumulative. The various rights, options, elections, powers and remedies contained in this Ground Lease shall be construed as cumulative and no one of them shall be exclusive of any of the others or of any other legal or equitable remedy which either party might otherwise have in the event of a breach or default in the terms hereof. The exercise of one right or remedy by such party shall not impair its right to any 5 other right or remedy until all obligations imposed on the other party have been fully performed. 20.11. Governing Law. This Agreement and the performance thereof shall be governed by and enforced under the laws of the Commonwealth of Virginia, and if legal action by either party is necessary for or with respect to the enforcement of any or all of the terms and conditions hereof, then exclusive venue therefore shall lie in the 23rd judicial circuit of the Commonwealth of Virginia. 20.12 Interpretation. This Ground Lease has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration to or weight given to its being drafted by any party or its counsel. Paragraph headings are for convenience only and shall not be considered when interpreting this Ground Lease. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter genders 20.13. Notices. Any notices to be given hereunder by either party may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of actual receipt, mailed notices shall be deemed communicated three (3) business days after the deposit of such notice with the United States Postal Service or with a recognized national overnight courier. All notices shall be sent to the following address, unless actual notice in writing of a different address for notices is received by the other party: THE LANDLORD: City Manager City of Roanoke, Virginia Noel C. Taylor Municipal Building, Suite 364 215 Church Avenue, S.W. Roanoke, VA 24011 With a copy to: City Attorney City of Roanoke, Virginia Noel C. Taylor Municipal Building, Suite 464 215 Church Avenue, S.W. Roanoke, VA 24011 THE TENANT: County Administrator County of Roanoke P.O. 29800 Roanoke, Virginia 24018 6 With a copy to: County Attorney County of Roanoke 5204 Bernard Drive Roanoke, Virginia 24018 20.14. Binding Agreement. The provisions of this Ground Lease will be binding upon, and will inure to the benefit of, the respective heirs, legal representatives and successors of the parties. IN WITNESS WHEREOF, the parties have executed this Lease on the date first set forth above. WITNESS: CITY OF ROANOKE, VIRGINIA By: Printed Name and Title Approved as to form: City Attorney Approved as to Execution: City Attorney WITNESS: COUNTY OF ROANOKE, VIRGINIA By: Printed Name and Title 7 Approved as to form: County Attorney 8 V Ott P.04 — Univ.M i i 1 OV. uvwoeINWr•tlYM a I. ; -n_«r . � 4 I I - tc� �s W s A 1 ti �.- -- - ,h .._ � m�� i • ,t it- , _ ch ����V1�V!. -iS VA. �\ ��r '� ii 1--.•ittlaii- it . -.:-S..• .-• it..1),r• - "‘ -.-, 4Cik-,SL; I ±�,__ _ �`_`_ o..,.r • ..q - MOTs,yy..yy�� Y:i� \ mar a or— MS 1 r•-• .Z _ MnlFl ,. . /L i CITY OF ROANOKE -a"' OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 5, 2013 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of Ordinance No. 39800-110413 authorizing execution of an Operating Agreement with Roanoke County that governs the obligations of the parties with respect to maintenance, operation, and costs in operating and maintaining any shared facilities of the two localities' Police Academies. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 4, 2013, and is in full force and effect upon its passage. Sincerely, Ahe), -ery- tJ.r\� Stephanie M. Moon, MMC City Clerk Enclosure pc: Clay Goodman, County Administrator, County of Roanoke, P. O. Box 79800, Roanoke, Virginia 24018 Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Christopher Perkins, Chief of Police Cksml/agenda correspondence/November 4,2013.docx IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39800-110413. AN ORDINANCE authorizing the City Manager to execute an Operating Agreement ("Agreement"), with Roanoke County ("County") concerning the cooperative operation of the Police Academy for the City of Roanoke ("City") and the Police Academy for the County at the same location, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City currently operates its Police Academy located at 5401 Barns Avenue, NW; designated as Roanoke City Official Tax Map No. 6610101; WHEREAS, the County has elected to construct its Police Academy on the same property as the City's Police Academy and to connect its Police Academy with the City's Police Academy so that both Police Academies can utilize shared facilities; and WHEREAS, the City and the County desire to enter into an Operating Agreement to facilitate the efficient operation of both Police Academies and to address the effective and fair apportionment of the cost in operating and maintaining any shared facilities of the two Police Academies. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute on behalf of the City of Roanoke, in a form approved by the City Attorney, an Agreement with Roanoke County that governs the obligations of the parties with respect to maintenance, operation, and costs in operating and maintaining any shared facilities of the two localities' Police Academies as are more particularly described in the City Council Agenda Report dated November 4, 2013. 2. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this ordinance by title is hereby dispensed with. ATTEST City Clerk 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 4, 2013 Subject: Police Academy Operating Agreement between the City of Roanoke and Roanoke County Background: The staffs of the City of Roanoke and Roanoke County have developed a proposed Operating Agreement (Agreement) which will govern the method by which shared/common facilities, utilities, and other common expenses will be allocated between the City and the County upon completion of the Roanoke County Police Academy building at the site of the existing City of Roanoke Police Academy located on Tax Map Parcel 6610101 , generally known as 5401 Barns Avenue, N.W.. The construction of the Roanoke County Police Academy on this site will facilitate the shared use of the existing City of Roanoke Police Academy and provide, over the long term, a more efficient means of police academy and in-service training programs for the police departments of both the City and the County. Considerations: The term of this Agreement will be for Thirty-nine (39) years, commencing on November 1 , 2014 and ending on October 31 , 2053. The Agreement contains an option for an additional five year extension. The definition of shared facilities shall include the City's existing parking lot, classrooms, gymnasium, weight room, student break room, library, locker rooms, water rescue tank, training simulators, and restrooms. The definition also includes those facilities to be constructed as part of the County's project including parking lot, classrooms, break room, weight room, and restrooms. The City will provide custodial services to the combined facility. The County will pay to the City an amount equal to $4.55 per square foot per year for the provision of such services in the County's facility and for such services in the common/shared areas and cover costs of minor repairs in the County facility. The square foot cost will be calculated on the amount of gross building square footage constructed by the County. This per square foot cost will be adjusted every two years of the Agreement. The County will reimburse the City for its share of public utilities, including gas, water/sewer, electricity, storm water, and solid waste services, at a rate of $1 .93 per square foot per year, based on the amount of gross building square footage constructed by the County. This per square foot cost will also be adjusted every two years of the Agreement based on experienced utilization patterns. The City will invoice the County on a quarterly basis for these reimbursable costs. The Agreement also provides for the County to reimburse the City annually for its share of costs associated with software licensing for training simulators, and water rescue tank and security camera maintenance. All future upgrades to software, new systems upgrades, or new training simulators will be shared on a 50/50 basis between the County and City. Any future classroom technology upgrades sought jointly will also be funded on the same 50/50 basis. All future maintenance of the parking areas used to support the facility will be shared on a 50/50 basis between the City and the County. The County and City will be responsible solely for their own telephone and data services, and for future capital maintenance and repairs to their respective facilities. A copy of the proposed Agreement is attached to this report for the City Council's information and review. Recommended Action: Approve the terms of the Operating Agreement between the City of Roanoke and County of Roanoke as set forth in the attachment to this report. Authorize the City Manager to execute such Operating Agreement, substantially similar to the one attached to this report, with the form of such Agreement to be approved by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Christopher Perkins, Chief of Police 2 POLICE ACADEMY OPERATING AGREEMENT BETWEEN THE CITY OF ROANOKE AND ROANOKE COUNTY THIS AGREEMENT (Agreement) is made and entered into the day of November, 2013, by and between the CITY OF ROANOKE, ("City"), and ROANOKE COUNTY, ("County"). For and in consideration of the mutual promises set forth in this Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Preamble. The City of Roanoke (hereinafter "City") and the Roanoke County (hereinafter "County") do hereby enter into this Agreement to address and facilitate the efficient operation of each localities Police Academy and the effective and fair apportionment of the cost in operating and maintaining shared facilities of the two Police Academies. The City of Roanoke Police Department operates and governs the Roanoke City Police Academy (hereinafter the "City's Police Academy") which is recognized by the Virginia Department of Criminal Justice Services (DCJS) as a Certified Law Enforcement Training Academy. The City's Police Academy includes certain facilities such as parking, gymnasium, locker room, restrooms, rescue water tank, training simulators, library, student break room and classrooms that the City wishes to share with the County to utilize in the operation of the Roanoke County Police Academy (hereinafter the "County's Police Academy"). Likewise, the County wishes to share the utilization of the classrooms, weight room, the restrooms, and locker room located in the County's Police Academy with the City. In an effort to facilitate the joint operation of both police academies and to maximize the utilization of the shared facilities set forth in paragraph No. 2 of this Agreement for the mutual benefit of both parties, the parties hereby agree to these operating procedures. 1 2. Shared Facilities. The City agrees to allow the County the utilization of the parking lot, classrooms, the gymnasium, weight room, student break room, library, the locker rooms, the water rescue tank, the restrooms, and the training simulators as Shared Facilities under the terms and conditions of this Agreement. The County agrees to allow the City the utilization of the parking lot, classrooms, the break room weight room, and restrooms as Shared Facilities under the terms and conditions of this Agreement. The parties agree that both the City and the County may utilize all classrooms located in both police academies under the terms and conditions of this Agreement. 3. Term of Agreement. The term of the Agreement shall be for a term of Thirty- Nine (39) Years commencing on November 1, 2014 and ending on October 31, 2053. Upon the expiration of the initial term of this Agreement, it shall automatically continue for an additional five (5) year period, upon the same terms and conditions as set forth herein, unless otherwise changed by both parties in writing. 4. Cost for use of Shared Facilities. (a) Custodial Services — The parties agree that the City will provide custodial services to both the City's Police Academy and the County's Police Academy. The County agrees to pay the City $4.55 per square foot per year for the custodial services provided by the City to the County's Police Academy and all common areas shared by the parties. The square foot price will be determined by the total space footage of the County's Police Academy. Custodial services shall include minor general maintenance, all cleaning, trash removal, paper products and cleaning supplies. For the purposes of this Agreement, minor general maintenance shall include all minor repairs to either Police Academy for any single repair the total cost of which is under 2 $2,000. The per square foot cost will be re-evaluated recalculated every two (2) years of this Agreement and will become effective on July 1 of every odd year this Agreement is in effect. (b) Utilities—The parties agree that both the City's Police Academy and the County's Police academy will be connected to one meter for all electric, gas, water, stormwater and sewer utilities. The City will pay the provider of these utilities as well as for commercial dumpster services. The County will reimburse the City for its share of these utilities by paying the City $1.93 per square foot per year for its share of all electric, gas, water, stormwater and sewer utilities. The square foot price will be determined by the total space footage of the County's Police Academy. The per square foot cost will be re-evaluated recalculated every two (2) years of this Agreement and will become effective on July 1 of every odd year this Agreement is in effect. (c) Training Simulators, Water Rescue Tank Maintenance, and Camera Maintenance — Subject to any software licensing agreements, the County agrees to pay the City a flat fee of $5,050 for the first year of this Agreement to reimburse the City for the County's shared utilization of the Training Simulators as currently contracted, Water Rescue Tank Maintenance, and Camera Maintenance. However, should the County elect to up-grade the software license to the "Platinum" license at a proposed cost of$7,000, then the County would only be obligated to reimburse the City for the cost for any maintenance or system upgrade to the training simulators, water rescue tank or security camera on a 50/50 basis. The parties further understand and agree that payment for all future software or systems upgrades and costs in subsequent years will be shared on a 50/50 basis. (d) Software Upgrades and shared cost of new Training Simulators. (i) The City and County agree that they will share in the cost of all software, camera, security, or systems upgrades for any Shared Facility on a 50/50 basis, including 3 but not limited to all software upgrades to the Training Simulators. Attached to this Agreement is a listing of all software, camera and security systems to be governed by this paragraph. See attached Exhibit "A." (ii) The City and County agree that they will share in the cost on a 50/50 basis the cost of any new Training Simulators that will be used by both Police Academies. (iii) The City and County agree that they will share in the cost of all new training software that will be used by both Police Academies on a 50/50 basis. (e) Future New Classroom Technology—The City and County agree that should they seek to jointly acquire any classroom technology or equipment in the future that they will share in the cost of all such new classroom technology on a 50/50 basis. (f) Telephone and Data — The parties agree that the City will be solely responsible for all telephone and data services provided to the City's Police Academy and that the County will be solely responsible for all telephone and data services provided to the County's Police Academy. (g) Invoicing — The City will invoice the County for all cost for utilization of the shared facilities under this Agreement and any maintenance cost under this Agreement on a quarterly basis for each fiscal year. The City will send the County invoices on the fifteenth (15'h) day of the months of September, December, March and June of each fiscal year that this Agreement is in force. The County agrees to pay each invoice within thirty(30) days. 5. Scheduling use of Shared Facilities. The Directors of each Police Academy shall coordinate and schedule the use of the shared facilities, including all classroom space. 6. Repairs and Maintenance of Shared Facilities. (a) Capital Maintenance — Unless otherwise provided in this Agreement, the parties agree that the City will be solely responsible for all capital maintenance to the City's Police Academy and that the County will be solely responsible for all capital maintenance to the County's Police 4 Academy. For the purposes of this Agreement, capital maintenance shall mean all repairs to either Police Academy that cost $2,000 or more for any single repair. (b) Maintenance of the parking area — The parties acknowledge that the County will be expanding the parking lot currently serving the City' Police Academy. The parties further acknowledge that the city is contributing $250,000 towards the cost of expanding such parking lot. Once such parking lot is expanded as a part of the County's construction of the County's Police Academy, the parties agree that they will share in the cost of all future maintenance of the parking lot serving both the City's Police Academy and the County's Police Academy on a 50/50 basis. 7. Disclaimer of Liability. The parties acknowledge that neither party is not obligated to provide any security to the other party, its, agents, employees, guests, patrons and assigns, during the use of any of the Shared Facilities. The parties further understand and agree that neither party shall have any responsibility whatsoever for any personal or property damage suffered by the other party, its agent, employees, guests patrons and assigns, may incur, regardless of fault, during the use of any of the Shared Facilities, and that each party agrees to bear all such risks for its use of the facilities owned by the other party. Further, neither party makes any warranties of any kind, express or implied, regarding the condition or suitability of the Shared Facilities for the use by the other party. The parties agree and accept the Shared Facilities in their AS IS condition. 8. Insurance. The City and County, at their sole expense, shall obtain and maintain during the life of this Agreement, the insurance policies or self-insurance program required by this Section. Any required insurance coverages shall be effective prior to the beginning date of this Agreement. The following coverages are required: 5 (a) Commercial General Liability Coverage. Commercial General Liability insurance, written on an occurrence basis and including products/completed operations coverage, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Contractor's actions under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (b) Contractual Liability Coverage. The insurance coverages and amounts set forth in subsections (a) and (b) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the overages required by subsections (a) and (b), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by each party to the other. All insurance shall meet the following requirements: (i) Each party shall furnish the other party with a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (ii) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City/County of Roanoke." (iii) The required certificate or certificates of insurance shall name the City or County of Roanoke, its officers, employees, agents, volunteers and representatives as additional insured. (iv) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (v) Insurance coverage shall be in a form and with an insurance company approved by the Licensor which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. 9. Notices. Any notices to be given under this Agreement by either party may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of actual receipt, mailed notices shall be deemed communicated three (3) business days after the 6 deposit of such notice with the United States Postal Service or with a recognized national overnight courier. All notices shall be sent to the following address, unless actual notice in writing of a different address for notices is received by the other party: THE CITY OF ROANOKE: City Manager City of Roanoke, Virginia Noel C. Taylor Municipal Building, Suite 364 215 Church Avenue, S.W. Roanoke, VA 24011 With a copy to: City Attorney City of Roanoke, Virginia Noel C. Taylor Municipal Building, Suite 464 215 Church Avenue, S.W. Roanoke, VA 24011 THE COUNTY OF ROANOKE: County Administrator County of Roanoke P.O. 29800 Roanoke, Virginia 24018 With a copy to: County Attorney County of Roanoke 5204 Bernard Drive Roanoke, Virginia 24018 10. Structures and Signage. All structures and signage shall be installed in accordance with the building and fire codes in force at the time of installation. All structures and signs must further comply with the zoning ordinance of the City of Roanoke. 11. Damage to Shared Facilities. Each party agrees that if any of its actions or actions caused by that party's 's employees, guests, agents, invitees, or assigns, results in damage 7 to the Shared Facilities or equipment, the responsible party shall be obligated to pay for the cost of such repairs or replacement to the Shared Facility, at that party's sole expense. 12. Use of Shared Facilities. The parties agree that the Shared Facilities are to be used primarily for the purposes of training law enforcement personnel. The parties agree that they will not use any of the Shared Facilities in a manner that would jeopardize either party's certifications with the DCJS or CALEA. 13. Additional Terms. Compliance with the Law. The parties agree to comply with all local, state and federal laws as they currently exist or may exist in the future during the term of this Agreement. Assignment. This Agreement may not be assigned and are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Responsibility of the Parties. To the extent permitted by applicable law, each party to this Agreement will be responsible for the actions, inactions or violations of its officers, employees, and agents in connection with the utilization of the Shared Facilities described in this Agreement, but nothing contained herein shall be construed as a waiver of either parties sovereign immunity as now or hereafter provided by Virginia law. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Waiver. No failure of any party to insist on strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. Nondiscrimination. a. During the performance of this Agreement, the Parties agree as follows: 8 (1) The Parties will not discriminate against any contractor, employee, or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by State law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Parties. The Parties agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) The Parties, in all solicitations or advertisements for employees placed by or on behalf of the Parties, will state that each Party is an equal employment opportunity employer. (3) Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. b. The Parties will include the provisions of the foregoing Subsections a (1), (2), and(3) in every contract or purchase order of over$10,000, so that the provisions will be binding upon each contractor or vendor. c. Pursuant to the Code of Virginia, Section 2.2-4343.1, be advised that the Parties do not discriminate against faith-based organizations. Drug-Free Workplace. a. During the performance of this Agreement, the Parties agree to (i) provide a drug-free workplace for their employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Parties that they maintain a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each contractor or vendor. b. For the purpose of this section, "drug-free workplace" means the Premises, and the Parties' employees are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Lease. c. The Parties shall post a copy of the policy in a conspicuous place at the Premises and assure that all personnel entering the jobsite are informed of the policy. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 9 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by the parties. IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their authorized representatives. CITY OF ROANOKE, VIRGINIA ATTEST: By City Clerk City Manager Printed Name and Title Printed Name and Title Appropriation and Funds Required Approved as to form: for this Contract Certified: City Attorney Director of Finance Account # Approved as to Execution: City Attorney ATTEST: ROANOKE COUNTY, VIRGINIA By Printed Name and Title Printed Name and Title Chief Christopher Perkins Roanoke Police Department signature date 10 Chief Roanoke County Police Department signature date 11 Exhibit A Academy Software Software used for Academy Operation -Windows 7 Operating System (Computer OS) -Pelco Digital Sentry Control Point (Camera system) -ISONAS Crystal Access (FOB Access) -ACE Program (or DCJS upgrade/replacement for Academy records) -Stage Sound Custom Audio/Visual Control Software for Crestron Processor -Audio Streaming Server Software (Windows Server 2008 Web Edition). -Microsoft Office Suite -Word, Power Point, Access, Publisher, Excel -Adobe Professional (Reader/Writer) -Scantron (Testing) -Starboard Software (Whiteboards) -Symatec Antivirus -Trane HVAC Control Software Software/Programs Present on Academy Computers that is available for use -Windows Media Player -VLC Media Player -Google Chrome -Intellex Player 4 -Critical Testing System (Dispatch testing) -Digital Voice Editor -Cyberlink PowerDVD -Laserfiche -Media Player Classic -Novell Suite (Zenworks, Client, CASA) -Intel Matrix Storage Console -Intel Management and Security. -Windows Movie Maker -Dropbox -TatukGlS Viewer -Digimemo Manager -OpenOffice.org -ATI Catalyst Control Center City Software/Programs -Memex Patriarch (RACJIN) -Southern Software (Police Pak) POLICE ACADEMY OPERATING AGREEMENT BETWEEN THE CITY OF ROANOKE AND ROANOKE COUNTY THIS AGREEMENT (Agreement) is made and entered into the day of November, 2013, by and between the CITY OF ROANOKE, ("City"), and ROANOKE COUNTY, ("County"). For and in consideration of the mutual promises set forth in this Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Preamble. The City of Roanoke (hereinafter "City") and the Roanoke County (hereinafter "County") do hereby enter into this Agreement to address and facilitate the efficient operation of each locality's Police Academy and the effective and fair apportionment of the cost in operating and maintaining shared facilities of the two Police Academies. The City of Roanoke Police Department operates and governs the Roanoke City Police Academy (hereinafter the "City's Police Academy") which is recognized by the Virginia Department of Criminal Justice Services (DCJS) as a Certified Law Enforcement Training Academy. The City's Police Academy includes certain facilities such as parking, gymnasium, locker room, restrooms, rescue water tank, training simulators, library, student break room and classrooms that the City wishes to share with the County to utilize in the operation of the Roanoke County Police Academy (hereinafter the "County's Police Academy"). Likewise, the County wishes to share the utilization of the classrooms, weight room, the restrooms, and locker room located in the County's Police Academy with the City. In an effort to facilitate the joint operation of both police academies and to maximize the utilization of the shared facilities set forth in paragraph No. 2 of this Agreement for the mutual benefit of both parties, the parties hereby agree to these operating procedures. 1 2. Shared Facilities. The City agrees to allow the County the utilization of the parking lot, classrooms, the gymnasium, weight room, student break room, library, the locker rooms, the water rescue tank, the restrooms, and the training simulators as Shared Facilities under the terms and conditions of this Agreement. The County agrees to allow the City the utilization of the parking lot, classrooms, the break room weight room, and restrooms as Shared Facilities under the terms and conditions of this Agreement. The parties agree that both the City and the County may utilize all classrooms located in both police academies under the terms and conditions of this Agreement. 3. Term of Agreement. The term of the Agreement shall be for a term of Thirty- Nine (39) Years commencing on November I, 2014 and ending on October 31, 2053. Upon the expiration of the initial term of this Agreement, it shall automatically continue for an additional five (5) year period, upon the same terms and conditions as set forth herein, unless otherwise changed by both parties in writing. 4. Cost for use of Shared Facilities. (a) Custodial Services — The parties agree that the City will provide custodial services to both the City's Police Academy and the County's Police Academy. The County agrees to pay the City $4.55 per square foot per year for the custodial services provided by the City to the County's Police Academy and all common areas shared by the parties. The square foot price will be determined by the total space footage of the County's Police Academy. Custodial services shall include minor general maintenance, all cleaning, trash removal, paper products and cleaning supplies. For the purposes of this Agreement, minor general maintenance shall include all minor repairs to either Police Academy for any single repair the total cost of which is under 2 $2,000. The per square foot cost will be re-evaluated recalculated every two (2) years of this Agreement and will become effective on July 1 of every odd year this Agreement is in effect. (b) Utilities —The parties agree that both the City's Police Academy and the County's Police academy will be connected to one meter for all electric, gas, water, stormwater and sewer utilities. The City will pay the provider of these utilities as well as for commercial dumpster services. The County will reimburse the City for its share of these utilities by paying the City $1.93 per square foot per year for its share of all electric, gas, water, stormwater and sewer utilities. The square foot price will be determined by the total space footage of the County's Police Academy. The per square foot cost will be re-evaluated recalculated every two (2) years of this Agreement and will become effective on July 1 of every odd year this Agreement is in effect. (c) Training Simulators, Water Rescue Tank Maintenance, and Camera Maintenance — Subject to any software licensing agreements, the County agrees to pay the City a flat fee of $5,050 for the first year of this Agreement to reimburse the City for the County's shared utilization of the Training Simulators as currently contracted, Water Rescue Tank Maintenance, and Camera Maintenance. However, should the County elect to up-grade the software license to the "Platinum" license at a proposed cost of$7,000, then the County would only be obligated to reimburse the City for the cost for any maintenance or system upgrade to the training simulators, water rescue tank or security camera on a 50/50 basis. The parties further understand and agree that payment for all future software or systems upgrades and costs in subsequent years will be shared on a 50/50 basis. (d) Software Upgrades and shared cost of new Training Simulators. (i) The City and County agree that they will share in the cost of all software, camera, security, or systems upgrades for any Shared Facility on a 50/50 basis, including 3 but not limited to all software upgrades to the Training Simulators. Attached to this Agreement is a listing of all software, camera and security systems to be governed by this paragraph. See attached Exhibit "A." (ii) The City and County agree that they will share in the cost on a 50/50 basis the cost of any new Training Simulators that will be used by both Police Academies. (iii) The City and County agree that they will share in the cost of all new training software that will be used by both Police Academies on a 50/50 basis. (e) Future New Classroom Technology— The City and County agree that should they seek to jointly acquire any classroom technology or equipment in the future that they will share in the cost of all such new classroom technology on a 50/50 basis. (f) Telephone and Data — The parties agree that the City will be solely responsible for all telephone and data services provided to the City's Police Academy and that the County will be solely responsible for all telephone and data services provided to the County's Police Academy. (g) Invoicing — The City will invoice the County for all cost for utilization of the shared facilities under this Agreement and any maintenance cost under this Agreement on a quarterly basis for each fiscal year. The City will send the County invoices on the fifteenth (15th) day of the months of September, December, March and June of each fiscal year that this Agreement is in force. The County agrees to pay each invoice within thirty(30) days. 5. Scheduling use of Shared Facilities. The Directors of each Police Academy shall coordinate and schedule the use of the shared facilities, including all classroom space. 6. Repairs and Maintenance of Shared Facilities. (a) Capital Maintenance — Unless otherwise provided in this Agreement, the parties agree that the City will be solely responsible for all capital maintenance to the City's Police Academy and that the County will be solely responsible for all capital maintenance to the County's Police 4 Academy. For the purposes of this Agreement, capital maintenance shall mean all repairs to either Police Academy that cost $2,000 or more for any single repair. (b) Maintenance of the parking area — The parties acknowledge that the County will be expanding the parking lot currently serving the City' Police Academy. The parties further acknowledge that the city is contributing $250,000 towards the cost of expanding such parking lot. Once such parking lot is expanded as a part of the County's construction of the County's Police Academy, the parties agree that they will share in the cost of all future maintenance of the parking lot serving both the City's Police Academy and the County's Police Academy on a 50/50 basis. 7. Disclaimer of Liability. The parties acknowledge that neither party is not obligated to provide any security to the other party, its, agents, employees, guests, patrons and assigns, during the use of any of the Shared Facilities. The parties further understand and agree that neither party shall have any responsibility whatsoever for any personal or property damage suffered by the other party, its agent, employees, guests patrons and assigns, may incur, regardless of fault, during the use of any of the Shared Facilities, and that each party agrees to bear all such risks for its use of the facilities owned by the other party. Further, neither party makes any warranties of any kind, express or implied, regarding the condition or suitability of the Shared Facilities for the use by the other party. The parties agree and accept the Shared Facilities in their AS IS condition. 8. Insurance. The City and County, at their sole expense, shall obtain and maintain during the life of this Agreement, the insurance policies or self-insurance program required by this Section. Any required insurance coverages shall be effective prior to the beginning date of this Agreement. The following coverages are required: 5 (a) Commercial General Liability Coverage. Commercial General Liability insurance, written on an occurrence basis and including products/completed operations coverage, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Contractor's actions under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (b) Contractual Liability Coverage. The insurance coverages and amounts set forth in subsections (a) and (b) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the overages required by subsections (a) and (b), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by each party to the other. All insurance shall meet the following requirements: (i) Each party shall furnish the other party with a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (ii) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City/County of Roanoke." (iii) The required certificate or certificates of insurance shall name the City or County of Roanoke, its officers, employees, agents, volunteers and representatives as additional insured. (iv) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (v) Insurance coverage shall be in a form and with an insurance company approved by the Licensor which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. 9. Notices. Any notices to be given under this Agreement by either party may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of actual receipt, mailed notices shall be deemed communicated three(3) business days after the 6 deposit of such notice with the United States Postal Service or with a recognized national overnight courier. All notices shall be sent to the following address, unless actual notice in writing of a different address for notices is received by the other party: THE CITY OF ROANOKE: City Manager City of Roanoke, Virginia Noel C. Taylor Municipal Building, Suite 364 215 Church Avenue, S.W. Roanoke, VA 24011 With a copy to: City Attorney City of Roanoke, Virginia Noel C. Taylor Municipal Building, Suite 464 215 Church Avenue, S.W. Roanoke, VA 24011 THE COUNTY OF ROANOKE: County Administrator County of Roanoke P.O. 29800 Roanoke, Virginia 24018 With a copy to: County Attorney County of Roanoke 5204 Bernard Drive Roanoke, Virginia 24018 10. Structures and Signage. All structures and signage shall be installed in accordance with the building and fire codes in force at the time of installation. All structures and signs must further comply with the zoning ordinance of the City of Roanoke. 11. Damage to Shared Facilities. Each party agrees that if any of its actions or actions caused by that party's 's employees, guests, agents, invitees, or assigns, results in damage 7 to the Shared Facilities or equipment, the responsible party shall be obligated to pay for the cost of such repairs or replacement to the Shared Facility, at that party's sole expense. 12. Use of Shared Facilities. The parties agree that the Shared Facilities are to be used primarily for the purposes of training law enforcement personnel. The parties agree that they will not use any of the Shared Facilities in a manner that would jeopardize either party's certifications with the DCJS or CALEA. 13. Additional Terms. Compliance with the Law. The parties agree to comply with all local, state and federal laws as they currently exist or may exist in the future during the term of this Agreement. Assignment. This Agreement may not be assigned and are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Responsibility of the Parties. To the extent permitted by applicable law, each party to this Agreement will be responsible for the actions, inactions or violations of its officers, employees, and agents in connection with the utilization of the Shared Facilities described in this Agreement, but nothing contained herein shall be construed as a waiver of either parties sovereign immunity as now or hereafter provided by Virginia law. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Waiver. No failure of any party to insist on strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. Nondiscrimination. a. During the performance of this Agreement, the Parties agree as follows: 8 (1) The Parties will not discriminate against any contractor, employee, or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by State law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Parties. The Parties agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) The Parties, in all solicitations or advertisements for employees placed by or on behalf of the Parties, will state that each Party is an equal employment opportunity employer. (3) Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. b. The Parties will include the provisions of the foregoing Subsections a (1), (2), and (3) in every contract or purchase order of over $10,000, so that the provisions will be binding upon each contractor or vendor. c. Pursuant to the Code of Virginia, Section 2.2-4343.1, be advised that the Parties do not discriminate against faith-based organizations. Drug-Free Workplace. a. During the performance of this Agreement, the Parties agree to (i) provide a drug-free workplace for their employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Parties that they maintain a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each contractor or vendor. b. For the purpose of this section, "drug-free workplace" means the Premises, and the Parties' employees are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Lease. c. The Parties shall post a copy of the policy in a conspicuous place at the Premises and assure that all personnel entering the jobsite are informed of the policy. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 9 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by the parties. IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their authorized representatives. CITY OF ROANOKE, VIRGINIA ATTEST: By City Clerk City Manager Printed Name and Title Printed Name and Title Appropriation and Funds Required Approved as to form: for this Contract Certified: City Attorney Director of Finance Account # Approved as to Execution: City Attorney ATTEST: ROANOKE COUNTY, VIRGINIA By Printed Name and Title Printed Name and Title Chief Christopher Perkins Roanoke Police Department signature date 10 Chief Roanoke County Police Department signature date 1I Oft% CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540)853-2821 Fax: (540)853-6142 ANN II.SHA W V ER,CPA ANDREA F.TRENT Director of Finance Assistant Director of Finance November 4, 2013 Dear Mayor Bowers and Members of City Council: Subject: July - September FY14 Financial Report - City of Roanoke The following financial report provides commentary on the City's financial results for the three months ended September 30, 201 3. Financial Statements are also included for the periods ended July and August of fiscal year 2014. FY14 year-to-date revenues decreased 6.4% or $3.2 million from the prior year as presented in the accompanying financial statements. In comparison, the budgeted increase was 2.1% when comparing the FY14 adopted budget against the FY13 adjusted final results. The decline is primarily due to the timing of receipt of the Oct 5th installment of real estate taxes. Payments handled through escrow and remitted by mortgage lenders can vary from year to year. Significant year-to-year variances are explained in further detail in this report. Year-to-date expenditures in FY14 increased 2.5% from the prior year. The adopted expenditure budget for FY14 was 1 .7% or $4.3 million higher than the adjusted FY13 actual. A 2.0% pay raise for employees went into effect in July 2013. Also, employees received an additional 1 .0% pay raise to offset a required 1 .0% employee contribution to the Retirement Health Savings Account. In addition, the City's retirement contribution rate as a percent of payroll increased 2.5% (from 15.6% in FY13 to 18.1% in FY14). These increases will affect comparisons throughout the year. The City expects to meet its overall revenue and expenditure budget for FY14 and carefully oversees the budget through hiring management and monitoring of departmental spending to ensure obligations are met. Major expenditure variances are described in further detail in the expenditure section of this report. Revenues: Commentary on the significant categories of revenues and/or significant revenue variances is provided as follows: General Property Tax revenues declined 12.5% or $3.3 million compared to the same period in FY13. While real estate tax revenues are expected to decline slightly from FY13 to FY14, this large decrease was primarily a result of the timing of the receipt of the Oct 5th installment of real estate tax payments, which were received earlier in the Honorable Mayor and Members of Council November 4, 2013 Page 2 prior year. Approximately half of Roanoke's real estate taxes are remitted by mortgage lenders, and the timing of those remittances can vary significantly from one year to the next. This timing difference appears to have been rectified by late October. Other Local Tax revenues decreased 0.7% or $54,000 compared to the same period in FY13, primarily due to a decrease in sales and cigarette tax revenues. Sales tax decreased 10.7% as of September or $166,000 due to transfers to other localities and the reclassification of public facilities tax recorded as sales tax in error in the prior year. In addition, strong retail performance in FY13 related to activities that followed the derecho event was not repeated in FY14. Adjusted for these unusual items, sales tax decreased 1 .9%. These decreases were offset by increases of 3% in the Transient Occupancy and 1 .8% in the Prepared Food and Beverage taxes. The Admissions Tax also increased in FY14. Permits, Fees and Licenses increased by 50.9% or $101 ,000 compared to the same period in FY13 mainly as a result of increased building inspection fees from a few major projects such as The Hampton Inn & Suites planned for downtown Roanoke, Jefferson Street Apartments and renovations to the Main Library. Fines and Forfeitures decreased 19.4% or $66,000 compared to the same period in FY13, as a result of reduced fees from collections of Delinquent Real Estate and Personal Property taxes. Intergovernmental revenues increased 2.8% or $286,000. Local Aid to the Commonwealth was eliminated, having a positive effect on revenues, based on action during the 2013 General Assembly session. Also contributing to the increase in this category were increased reimbursements for Foster Care and Adoptions, a partial reimbursement from the Virginia Department of Emergency Management (VDEM) of $60,000 for summer 2012 derecho related expenses, increased street maintenance funding, and the timing of a reclassification of Public Facilities Tax and receipt of E- 91 lwireless grants. Expenditures: The fiscal year 2014 adopted General Fund expenditure budget totaled $260.0 million and included funding of approximately $1 .6 million to cover contracts and purchase orders made during fiscal year 201 3 but not paid by the end of that year, for a total of $261 .6 million. Based on a $500,000 or 10%variance threshold at the category level, variances are discussed as follows: General Government increased 9.0% or $337,000 compared to the same period in FY13. The main driver of this increase was the contract for employee health services, which was in place in FY14 but not in the prior year. Also contributing to the increase Honorable Mayor and Members of Council November 4, 2013 Page 3 were higher personal services charges related to the City Attorney position which was vacant in the prior year. Judicial Administration increased 8.7% or $171 ,000 compared to FY13. The increase was primarily related to higher juvenile detention costs due to a higher population of juveniles based on stricter placement requirements. Personal service costs in the Sheriff's Department also increased. • Transfer to Debt Service Fund decreased 18.1% or $611 ,000 from FY13. The City fully retired the Series 2006C General Obligation Bonds last year and incurred substantial interest savings through the Series 201 3 General Obligation Refunding Bonds issued in FY14. Nondepartmental expenditures increased 25.4% or $277,000 primarily related to the timing of a transfer to the Grant Fund, which was processed in February in the prior year. Civic Facilities Fund In September, the Civic Center held 18 events with 5,422 attendees. This was one more event, and 220 more attendees than in September 2012. The number of September 2013 events exceeded the number of budgeted events by two, but attendance fell short of budget by 3,145. The programming at the Civic Center covers a wide variety of entertainment events which can cause comparisons between years to vary widely. Event highlights for September included a Willie Nelson concert, the Greater Virginia Bridal Show, Mission of Mercy clinic, and the Henry Street Festival (moved indoors due to inclement weather). In FY14 to date, there have been 38 events with 12,073 attendees. This is a decrease of 20.8% or ten fewer events, and a decrease of 46.6% or 10,523 fewer attendees compared with the same period in FY13. The FY14 year-to-date Operating Loss for the Civic Center was $773,000, a deterioration of 12.2% or $84,000 from FY13. Revenues increased by $89,000, but expenses increased by $173,000. The year-to-date Change in Net Assets for FY14 was a decrease of $884,000, compared to an FY13 decrease of $798,000, a deterioration of 10.8% or $86,000. Through September, the net operating loss for Global Spectrum, which manages the Civic facilities, has deteriorated $164,000 compared to their original FY14 year-to- date budget. This is the result of several factors. Revenues are down due to the number of actual events year-to-date being twelve below budget. Utility expense is running nearly $59,000 over budget, as savings from recent HVAC and electrical upgrades are not yet being realized. Also, Global Spectrum produced an event "in Honorable Mayor and Members of Council November 4, 2013 Page 4 house" which did not perform as well as expected, causing Talent Expense to be $73,000 above budget. November programs include concerts by Jeff Bonamassa and Manheim Steamroller, Broadway Series presentation of Hello Dolly, comedian Jeff Dunham, Food Network star Alton Brown, and the annual Monster Flea Market. Parking Fund The City's Parking Fund operates seven garages and five surface lots with a total FY14 budget of $3.3 million. While each facility generates varying levels of income or loss, the Parking Fund as a whole meets all cash flow needs, including debt service, without a General Fund subsidy and generates sufficient working capital to fund facility improvements and repairs. FY14 year-to-date operating revenues through September increased 7.3% or $57,000 compared to FY13. Facility revenues increased about 5.1% or $35,000. Seven facilities are ahead of FY13, four are behind, and one is even with FY13. All major customers are current. Church Avenue Garage is the poorest performer, reflecting the relocation of CBIZ from the downtown area in September 2012. This loss has been partially offset by additional, but lower paying, residential parkers. On the expense side, spending levels for FY14 are up 12.1%, or $47,000, compared to FY13. While maintenance expense is down from FY13, most other categories of expense have increased. These include management fees, risk management assessment, utilities, Parking Coordinator expense, and Parking Ticket Program expenses. Increased revenues have not been enough to offset higher expenses, resulting in a deterioration of operating income by 87.0% or $42,000. City of Roanoke Pension Plan The Pension Trust Fund experienced an investment gain of 6.8% for the fiscal year-to- date through September 2013, which reflects gains in the domestic equity, international equity, convertible bond, real estate, fixed income, and alternative asset categories of investments. Investment performance for this period was slightly above the Policy Portfolio benchmark performance of 6.0%, due to performance in the domestic equity, international equity, fixed income, convertible bond, and real estate investment allocations. Pension Plan investment decisions are made with a long-term view, and the Roanoke Plan has outperformed its benchmark on all its measures. For the three month period ending September 201 3, Plan Net Assets increased $17.7 million. This was a result of $3.3 million in employer contributions and $22.3 Honorable Mayor and Members of Council November 4, 2013 Page 5 million in net investment gains offset by $7.9 million in benefit payments and Plan administrative expenses. Benefits Paid to Participants increased 4.2% due to a combination of the 1 .4% cost of living adjustment provided to eligible retirees effective July 1 , 2013 and higher retirement allowances having been earned by more recent retirees. Closing In closing, most national indices indicate an economy that continues to improve. Political uncertainty, a lack of confidence in our federal government, and inconsistent consumer confidence still remain threats. Nationally, housing has rebounded fairly well, and the stock market has performed very well for a number of months. The August 2013 unemployment rate was 5.6% for Virginia and 7.3% for the United States. Comparatively, the Roanoke unemployment rate was 7.1%. The Federal Reserve is continuing its policy to hold interest rates at all-time lows and predicts this to continue at least thru late 2014. With fiscal 2014 just underway, it is too early to make conclusions about the performance of the year. Local tax performance is weaker this year than it was in early FY1 3 as compared to FY12. The City's financial performance will continue to be carefully monitored by the various departments which are involved with oversight of the City's budgeting and financial processes. Please contact me with any questions you have on these financial statements. Sincerely, Ann H. Shawver Director of Finance Attachments c: Council Appointed Officers Sherman M. Stovall, Assistant City Manager R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Management and Budget Deborah J. Moses, Parking Facilities Manager Robyn L. Schon, General Manager, Global Spectrum City of Roanoke,Virginia Report of City Manager Transfers Three Months Ended September 30,2013 (Unaudited) Transfer Number Date Explanation From To Amount CMT13-00109 07/09/13 Electronic Poll Books, Printers, General Fund Contingency Electoral Board $ 18,172 Backup Voting Machine Batteries,and Poll Book CMT13-00111 07/10/13 Temporary Wages and FICA for General Fund Contingency Commissioner of the 17,224 Personal Property Tax Records Revenue Scanning Project CMT13-00123 08/06/13 VML AEP Rate Steering General Fund Contingency Traffic Engineering& 71,567 Committee Assessment and Operations; Street Road Repair due to July Maintenance CMT13-00125 08/09/13 Transfer Funds from Completed Roanoke River Flood Neighborhood Storm Drains 87,507 Capital Project Reduction CMT13-00127 08/09/13 Salt/Brine Spreader Transportation-Snow Fleet Management- 15,599 Transportation Vehicle Removal Nonoperating CMT13-00128 08/12/13 Phase I of Security Capital Fund Contingency PWSC Security 65,000 Enhancements at PWSC Enhancements CMT13-00128 08/12/13 FY14 Citizen Survey General Fund Contingency Department of Mangament& 23,170 Budget CMT13-00131 08/15/13 Harmony System License General Fund Contingency Social Services 14,100 CMT13-00138 08/26/13 Fire/EMS Records Management Capital Fund Contingency Fire Operations 19,700 System CMT13-00140 08/27/13 Replace 24 Trees in Downtown General Fund Contingency Parks 10,000 Roanoke CMT13-00175 09/09/13 Arts and Cultural Plan Art District Plan Economic Development 10,000 Notes: Under City Code section 2-121,the City Manager has authority to make transfers up to$75,000 between departments from July through March and in any amount from April to June.The City Manager has the authority to make unlimited transfers within departments. The scope of this report is limited to interdepartment transfers that are$10,000 or greater. 1 City of Roanoke,Virginia Report of City Manager Contingency Three Months Ended September 30,2013 (Unaudited) Transfer Number Date Explanation To Amount Balance of Contingency at July 1,2013 $ 1,291,511 Continaencv Transfers: CMT13-00123 08/06/13 VML AEP Rate Steering Committee Traffic Engineering&Operations; (71,567) Assessment and Road Repair Due Street Maintenance to July Flooding CMT13-00140 08/27/13 Replace Trees in Downtown Parks (10,000) Roanoke CMT13-00182 09/23/13 Virginia Municipal League 2014 Office of Communications (5,000) Preparations Available Contingency at September 30,2013 $ 1204,944 2 CITY OF ROANOKE,VIRGINIA GENERAL FUND FOR THE THREE MONTHS ENDED SEPTEMBER 30,2013 STATEMENT OF REVENUE ' (UNAUDITED) Current Revenue Actual(Restated) Actual Percent of Revenue Budget July 1-September 30 July 1-September 30 FY14 vs FY13 Budget Revenue Source Budget Variance 2013-2014 2012-2013 Variance Received General Property Taxes $ 105,388,000 $ (82,419,205) $ 22,968,795 $ 26,241,094 (12.5%) 21.8% Other Local Taxes 74,518,000 (66,331,047) 8,186,953 8,240,822 (0.7%) 11.0% Permits,Fees and Licenses 1,034,000 (734,927) 299,073 198,252 50.9% 28.9% Fines and Forfeitures 1,592,000 (1,319,168) 272,832 338,652 (19.4%) 17.1% Revenue from Use of Money and Property 214,000 (174,800) 39,200 37,988 3.2% 18.3% Intergovernmental 65,722,000 (55,221,905) 10,500,095 10,213,658 2.8% 16.0% Charges for Services 8,508,000 (6,803,889) 1,704,111 1,729,988 (1.5%) 20.0% Internal Services 2,507,000 (2,134,025) 372,975 386,086 (3.4%) 14.9% Transfers From Other Funds 32,700 - 32,700 12,216 167.7% 100.0% Miscellaneous Revenue 550,000 (377,015) 172,985 177,099 (2.3%) 31.5% Total $ 260,065,700 $ 1215,515,9811 $ 44,549,719 $ 47,575,855 (6.4%) 17.1% Note: Other Local Taxes and Intergovernmental Revenues have been restated for the transfer of$91,000 Public Facilities Tax recorded in error as Local Sales Tax relating to the Hotel Roanoke for the months of February through June in FY13. STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Actual Actual Percent of Expenditure Uncommitted July 1-September 30 July 1-September 30 FY14 vs FY13 Budget Expenditures Budget Balance 2013-2014 2012-2013 Variance Obligated General Govemment $ 14,194,008 $ 10,117,475 $ 4,076,533 $ 3,739,882 9.0% 28.7% Judicial Administration 8,031,119 5,903,430 2,127,689 1,956,612 8.7% 28.5% Public Safety 61,695,945 42,458,843 19,237,302 18,894,643 1.8% 31.2% Public Works 26,033,964 16,436,008 9,597,956 9,128,431 5.1% 36.9% Health and Welfare 38,939,920 28,981,397 7,958,523 7,674,372 3.7% 21.5% Parks,Recreation and Cultural 9,699,087 6,659,984 3,039,083 2,912,454 4.3% 31.3% Community Development 7,006,794 5,090,400 1,916,394 2,002,796 (4.3%) 27.4% Transfer to Debt Service Fund 13,225,490 10,455,915 2,769,575 3,380,099 (18.1%) 20.9% Transfer to School Fund 74,506,400 55,879,799 18,626,601 18,192,600 2.4% 25.0% Nondepartmental 10,271,363 8,904,299 1,367,064 1,090,018 25.4% 13.3% Subtotal(Adjusted) 261,604,070 $ 190,887,350 $ 70,716,720 $ 68,971,907 2.5% 27.0% 3 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2013 (UNAUDITED) FY 2014 FY 2013 Operating Revenues Rentals $ 205,914 $ 242,058 Event Expenses 234,366 107,325 Advertising 36,291 40,722 Admissions Tax 25,874 25,614 Facility Surcharge/Ticket Rebate 35,052 33,823 Commissions 1,257 3,986 Ancillary 11,194 10,296 Miscellaneous 23,298 19,880 Total Operating Revenues 573,246 483,704 Operating Expenses Personal Services 261,505 293,210 Operating Expenses 766,665 567,419 Management Fees 92,975 91,421 Depreciation 225,309 220,938 Total Operating Expenses 1,346,454 1,172,988 Operating Loss (773,208) (689,284) Nonoperating Revenues/(Expenses) Investment Income 23,537 14,223 Interest Expense (134,222) (122,667) Net Nonoperating Expenses (110,685) (108,444) Change in Net Assets $ (883,893) $ (797,728) 4 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2013 (UNAUDITED) FY 2014 FY 2013 Operating Revenues Market Garage $ 125,346 $ 120,026 Elmwood Park Garage 135,661 108,031 Center in the Square Garage 85,533 72,126 Church Avenue Garage 122,536 167,072 Tower Garage 101,873 87,757 Gainsboro Garage 30,248 33,887 Campbell Garage 31,446 19,964 Williamson Lot 24,619 18,723 Higher Ed Center Lot 12,218 13,316 Market Lot 7,246 4,992 Elmwood Lot 25,980 15,793 Warehouse Row Lot 4,625 11,937 West Church/YMCA Lots 6,567 6,568 Off Street Parking Violations (All Locations) 19,383 17,814 On Street Parking Violations 106,466 84,490 Total Operating Revenues 839,747 782,496 Operating Expenses Operating Expenses 439,758 392,614 Depreciation 239,868 206,016 Total Operating Expenses 679,626 598,630 Operating Income 160,121 183,866 Nonoperatinq Revenues/(Expenses) Investment Income 18,624 13,471 Miscellaneous - 17,455 Interest Expense (161,094) (165,987) Net Nonoperating Expenses (142,470) (135,061) Income Before Transfers and Contributions 17,651 48,805 Transfers and Contributions Transfer to Capital Projects Fund (11,280) - Net Transfers and Contributions (11,280) - Change in Net Assets $ 6,371 $ 48,805 5 CITY OF ROANOKE,VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30,2013 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE,VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED SEPTEMBER 30,2013 BALANCE AT BALANCE AT BALANCE AT AUGUST 31,2013 RECEIPTS DISBURSEMENTS SEPTEMBER 30,2013 SEPTEMBER 30,2012 CONSOLIDATED FUNDS $63,057,826.82 $42,767,311.49 $25,576,487.17 $80,248,651.14 $72,646,376.32 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,VIRGINIA,FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING SEPTEMBER 30,2013.THAT SAID FOREGOING: CASH CASH IN HAND $31,820.26 CASH IN WELLS FARGO BANK 14,071,367.39 CASH IN VALLEY BANK 2,948 12 CASH IN HOMETOWN BANK 100.00 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 21,255,201.49 SMITH BARNEY GOVERNMENT MONEY MARKET FUND 3,808,851.40 CERTIFICATES OF DEPOSIT 8,508,512.75 V,.S,AWENCIE$ ___. . .. . _ .. 3,000,000.00. VIRGINIA SNAP PROGRAM(U.S.SECURITIES) 9,527,966.43 VALLEY BANK MONEY MARKET 20,041,883.30 TOTAL $80,248,651.14 October 16,2013 ,., RICK HAL ,CHI ' DEPU TTRE URER 6 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE THREE MONTHS ENDED SEPTEMBER, 2013 (UNAUDITED) FY 2014 FY 2013 Additions Employer Contributions $ 3,264,857 $ 2,755,259 Investment Income Net Appreciation in Fair Value of Investments 21,656,751 15,017,262 Interest and Dividend Income 709,340 424,778 Total Investment Gain 22,366,091 15,442,040 Less Investment Expense 20,164 (189,267) Net Investment Gain 22,345,927 15,631,307 Total Additions $ 25,610,784 $ 18,386,566 Deductions Benefits Paid to Participants $ 7,862,522 $ 7,542,774 Administrative Expenses 20,369 2,509 Total Deductions 7,882,891 7,545,283 Net Increase 17,727,893 10,841,283 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 347,126,105 320,545,500 Fund Balance September 30 $ 364,853,998 $ 331,386,783 Note: Negative income and expense amounts reflect the reversal of accrual accounting entries made for fiscal year-end reporting purposes. 7 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS SEPTEMBER 30, 2013 (UNAUDITED) FY 2014 FY 2013 Assets Cash $ 3,667,085 $ 1,104,991 Investments, at Fair Value 363,785,469 332,802,115 Accounts Receivable 19,523 - Due from Other Funds - 3,182 Total Assets $ 367,472,077 $ 333,910,288 Liabilities and Net Assets Liabilities: Due to Other Funds $ 2,617,873 $ 2,523,348 Accounts Payable 206 157 Total Liabilities 2,618,079 2,523,505 Net Assets Held in Trust For Pension Benefits $ 364,853,998 $ 331,386,783 8 Financial Statements As of July , 31 , 2013 CITY OF ROANOKE,VIRGINIA GENERAL FUND FOR THE ONE MONTH ENDED JULY 31,2013 STATEMENT OF REVENUE (UNAUDITED) Current Revenue Actual Actual Percent of Revenue Budget July 1-July 31 July 1-July 31 FY14 vs FY13 Budget Revenue Source Budget Variance 2013-2014 2012-2013 Variance Received General Property Taxes $ 105,388,000 $ (104,956757) $ 431,243 $ 576,873 (25.2%) 0.4% Other Local Taxes 74,518,000 (73 731,212) 786,788 303,633 159.1% 1.1% Permits,Fees and Licenses 1,034,000 (940,333) 93,667 74,445 25.8% 9.1% Fines and Forfeitures 1,592,000 (1,474,154) 117,846 84,630 39.2% 7.4% Revenue from Use of Money and Property 214,000 (197,579) 16,421 17,527 (6.3%) 7.7% Intergovernmental 65,722,000 (63,482,719) 2,239,281 195,336 1046.4% 3.4% Charges for Services 8,508,000 (7,762,234) 745,766 350,801 112.6% 8.8% Internal Services 2,507,000 (2,380,132) 126,868 133,602 (5.0%) 5.1% Miscellaneous Revenue 550,000 (509,160) 40,840 91,119 (55.2%) 7.4% Total $ 260,033,000 $ (255,434,280) $ 4,598,720 $ 1,827,966 151.6% 1.8% STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Actual Actual Percent of Expenditure Uncommitted July 1-July 31 July 1-July 31 FY14 vs FY13 Budget Expenditures Budget Balance 2013-2014 2012-2013 Variance Obligated General Government $ 14,180,338 $ 11,937,255 $ 2,243,083 $ 1,379,046 62.7% 15.8% Judicial Administration 8,145,274 7,234,281 910,993 585,032 55.7% 11.2% Public Safety 61,659,386 54,674,779 6,984,607 5,070,640 37.7% 11.3% Public Works 25,977,924 23,028,586 2,949,338 1,768,665 66.8% 11.4% Health and Welfare 36,927,294 33,153,106 3,774,188 2,246,903 68.0% 10.2% Parks,Recreation and Cultural 9,734,197 8,205,683 1,528,514 1,120,404 36.4% 15.7% Community Development 6,999,615 6,089,644 909,971 812,502 12.0% 13.0% Transfer to Debt Service Fund 13,225,490 12,694,726 530,764 467,360 13.6% 4.0% Transfer to School Fund 74,506,400 68,297,533 6,208,867 6,064,200 2.4% 8.3% Nondepartmental 10,390,150 9,323,381 1,066,769 1,076,606 (0.9%) 10.3% Subtotal(Adjusted) 261,746,068 $ 234,638,974 $ 27,107,094 $ 20,591,358 31.6% 10.4% 1 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE ONE MONTH ENDED JULY 31, 2013 (UNAUDITED) FY 2014 FY 2013 Operating Revenues Rentals $ 80,576 $ 138,781 Event Expenses 75,696 41,907 Advertising 26,184 29,805 Admissions Tax 7,231 15,217 Facility Surcharge/Ticket Rebate 7,806 11,294 Commissions 1,257 679 Ancillary 6,716 7,603 Miscellaneous 7,290 4,836 Total Operating Revenues 212,756 250,122 Operating Expenses Personal Services 90,640 97,043 Operating Expenses 261,958 229,003 Management Fees 30,992 30,474 Depreciation 75,103 73,646 Total Operating Expenses 458,693 430,166 Operating Loss (245,937) (180,044) Nonoperatinq Revenues/(Expenses) Investment Income 7,903 5,310 Interest Expense (41,417) (45,974) Net Nonoperating Expenses (33,514) (40,664) Change in Net Assets $ (279.451) $ (220,708) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE ONE MONTH ENDED JULY 31, 2013 (UNAUDITED) FY 2014 FY 2013 Operating Revenues Market Garage $ 36,294 $ 42,490 Elmwood Park Garage 47,606 45,318 Center in the Square Garage 30,154 26,262 Church Avenue Garage 9,930 63,789 Tower Garage 31,703 34,046 Gainsboro Garage 6,779 12,023 Campbell Garage 8,579 7,358 Williamson Lot 6,160 7,057 Higher Ed Center Lot 3,057 3,864 Market Lot 2,191 1,670 Elmwood Lot 8,950 7,420 Warehouse Row Lot 630 3,170 West Church/YMCA Lots 2,189 2,189 Off Street Parking Violations (All Locations) 827 2,165 On Street Parking Violations 41,690 29,132 Total Operating Revenues 236,739 287,953 Operating Expenses Operating Expenses 121,060 87,591 Depreciation 79,956 68,672 Total Operating Expenses 201,016 156,263 Operating Income 35,723 131,690 Nonoperatinq Revenues/(Expenses) Investment Income 6,149 4,894 Miscellaneous - 14,455 Interest Expense (55,402) (54,896) Net Nonoperating Expenses (49,253) (35,547) Change in Net Assets $ (13,530) $ 96,143 3 CITY OF ROANOKE,VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY 31, 2013 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE,VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JULY 31,2013 BALANCE AT BALANCE AT BALANCE AT JUNE 30, 2013 RECEIPTS DISBURSEMENTS JULY 31,2013 June 30,2012 CONSOLIDATED FUNDS 81,876,815.13 28,503,920.80 $32,663,297.95 $77,717,437.98 $70,088,639.15 • CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,VIRGINIA,FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING JULY 31,2013.THAT SAID FOREGOING: CASH CASH IN HAND $5,919.15 CASH IN WELLS FARGO BANK 8,718,136.29 CASH IN VALLEY BANK 2,947.62 CASH IN HOMETOWN BANK 100.00 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 15,652,800.07 SMITH BARNEY GOVERNMENT MONEY MARKET FUND 2,805,597.33 CERTIFICATES OF DEPOSIT 15,008,512.75 U.S.AGENCIES 4,000,000.00 VIRGINIA SNAP PROGRAM(U.S.SECURITIES) 11,495,878.90 VALLEY BANK MONEY MARKET 20,027,545.87 TOTAL $77,717,437.98 August 16, 2013 <-- Y(E(.(.i1L /� / d�2a.(7 1A- EVELYN W./POWERS,TREASURER 4 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE ONE MONTH ENDED JULY 31, 2013 (UNAUDITED) FY 2014 FY 2013 Additions Employer Contributions $ 902,670 $ 481,688 Investment Income Net Appreciation in Fair Value of Investments 14,979,462 3,103,820 Interest and Dividend Income 532,495 (114,922) Total Investment Gain 15,511,957 2,988,898 Less Investment Expense (75,373) 15,446 Net Investment Gain 15,587,330 2,973,452 Total Additions $ 16,490,000 $ 3,455,140 Deductions Benefits Paid to Participants $ 2,610,798 $ 2,513,594 Administrative Expenses 941 957 Total Deductions 2,611,739 2,514,551 Net Increase 13,878,261 940,589 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 346,616,893 320,627,639 Fund Balance July 31 $ 360,495,154 $ 321,568,228 Note: Negative income and expense amounts reflect the reversal of accrual accounting entries made for fiscal year-end reporting purposes. 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS JULY 31, 2013 (UNAUDITED) FY 2014 FY 2013 Assets Cash $ 1,890,085 $ 1,977,599 Investments, at Fair Value 361,114,146 322,077,150 Accounts Receivable 83 49,876 Due from Other Funds 102,079 489,589 Total Assets $ 363,106,393 $ 324,594,214 Liabilities and Net Assets Liabilities: Due to Other Funds $ 2,610,957 $ 3,024,995 Accounts Payable 282 991 Total Liabilities 2,611,239 3,025,986 Net Assets Held in Trust For Pension Benefits $ 360,495,154 $ 321,568,228 6 Financial Statements As of August , 31 , 2013 CITY OF ROANOKE,VIRGINIA GENERAL FUND FOR THE TWO MONTHS ENDED AUGUST 31,2013 STATEMENT OF REVENUE (UNAUDITED) Current Revenue Actual Actual Percent of Revenue Budget July 1-August 31 July 1-August 31 FY14 vs FY13 Budget Revenue Source Budget Variance 2013-2014 2012-2013 Variance Received General Property Taxes $ 105,388.000 $ (103.514,692) $ 1,873,308 $ (113,873) (1745.1%) 1.8% Other Local Taxes 74,518,000 (71.029,277) 3,488,723 3,448,804 1.2% 4.7% Permits,Fees and Licenses 1,034,000 (811,989) 222.011 143,370 54.9% 21.5% Fines and Forfeitures 1592.000 (1,397,831) 194,169 224,121 (13.4%) 12.2% Revenue from Use of Money and Property 214,000 (187,716) 26,284 27,975 (6.0%) 12.3% Intergovernmental 65,722,000 (62,359,487) 3,362,513 2,726,733 23.3% 5.1% Charges for Services 8.508,000 (7,384,034) 1,123,966 1,133.999 (0.9%) 13.2% Internal Services 2,507,000 (2,260,950) 246,050 260,782 (5.6%) 9.8% Transfers From Other Funds 19,700 - 19,700 - - - Miscellaneous Revenue 550,000 (442,290) 107,710 126,370 (14.8%) 19.6% Total $ 260,052,700 $ (249,388,266) $ 10,664,434 $ 7,978,281 337% 4.1% STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Actual Actual Percent of Expenditure Uncommitted July 1-August 31 July 1-August 31 FY14 vs FY13 Budget Expenditures Budget Balance 2013-2014 2012-2013 Variance Obligated General Government $ 14,189.008 $ 11,027,082 $ 3,161,926 $ 2,788,994 13.4% 22.3% Judicial Administration 8,031,119 6,558,511 1,472,608 1,368,855 7.6% 18.3% Public Safety 61,686,367 50,048,500 11,637,867 12,362,095 (5.9%) 18.9% Public Works 26,033,892 21,962,619 4,071,273 7,334,892 (44.5%) 15.6% Health and Welfare 36,962,394 31214,222 5,748,172 5,234,417 9.8% 15.6% Parks,Recreation and Cultural 9,699,067 7,464,534 2,234533 2,088,643 7.0% 23.0% Community Development 6,989,898 5,459,652 1,530246 1,542,981 (0.8%) 21.9% Transfer to Debt Service Fund 13,225,490 10,512,877 2,712,613 3,323,409 (18.4%) 20.5% Transfer to School Fund 74,506,400 63,012,781 11,493,619 12,128,400 (5.2%) 15.4% Nondepartmental 10,291,122 8,958,905 1,332,217 1,083,823 22.9% 12.9% Subtotal(Adjusted) 261,614,757 $ 216,219,683 $ 45,395,074 $ 49,256,509 (7.8%) 17.4% CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE TWO MONTHS ENDED AUGUST 31, 2013 (UNAUDITED) FY 2014 FY 2013 Operating Revenues Rentals $ 117,353 $ 169,825 Event Expenses 96,292 48,622 Advertising 30,958 36,555 Admissions Tax 11,427 17,570 Facility Surcharge/Ticket Rebate 17,674 19,072 Commissions 1,257 3,986 Ancillary 9,439 6,881 Miscellaneous 13,058 10,952 Total Operating Revenues 297,458 313,463 Operating Expenses Personal Services 169,770 191,943 Operating Expenses 421,457 375,357 Management Fees 61,983 60,947 Depreciation 150,206 147,292 Total Operating Expenses 803,416 775,539 Operating Loss (505,958) (462,076) Nonoperatinq Revenues/(Expenses) Investment Income 15,752 9,524 Interest Expense (89,479) (81,776) Net Nonoperating Expenses (73,727) (72,252) Change in Net Assets $ (579,685) $ (534,328) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE TWO MONTHS ENDED AUGUST 31, 2013 (UNAUDITED) FY 2014 FY 2013 Operating Revenues Market Garage $ 74,185 S 81,294 Elmwood Park Garage 127,718 62,662 Center in the Square Garage 58,384 50,583 Church Avenue Garage 51,835 104,750 Tower Garage 53,824 66,978 Gainsboro Garage 17,950 21,926 Campbell Garage 18,211 13,844 Williamson Lot 16,446 11,110 Higher Ed Center Lot 7,476 8,223 Market Lot 4,903 3,462 Elmwood Lot 25,420 8,270 Warehouse Row Lot 1,035 6,292 West Church/YMCA Lots 4,378 4,378 Off Street Parking Violations (All Locations) 17,156 17,170 On Street Parking Violations 73,743 61,646 Total Operating Revenues 552,664 522,588 Operating Expenses Operating Expenses 246,783 126,069 Depreciation 159,912 137,344 Total Operating Expenses 406,695 263,413 Operating Income 145,969 259,175 Nonoperatinq Revenues/(Expenses) Investment Income 12,461 8,976 Miscellaneous - 17,455 Interest Expense (109,035) (111,145) Net Nonoperating Expenses (96,574) (84,714) Income Before Transfers and Contributions 49,395 174,461 Transfers and Contributions Transfer to Capital Projects Fund (11,280) - Net Transfers and Contributions (11,280) - Change in Net Assets $ 38,115 $ 174,461 3 CITY OF ROANOKE,VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED AUGUST 31,2013 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE,VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED AUGUST31,2013 BALANCE AT BALANCE AT BALANCE AT JULY 31, 2013 RECEIPTS DISBURSEMENTS AUGUST 31,2013 AUGUST 31,2012 CONSOLIDATED FUNDS 77,717,437.98 17,138,418.34 $31,798,029.50 $63,057,826.82 $51,455,948.19 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,VIRGINIA,FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING AUGUST 31,2013.THAT SAID FOREGOING: CASH CASH IN HAND $5,585.93 CASH IN WELLS FARGO BANK 4,260,340.30 CASH IN VALLEY BANK 2,947.87 CASH IN HOMETOWN BANK 100.00 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 9,254,033.92 SMITH BARNEY GOVERNMENT MONEY MARKET FUND 3,808,735.58 CERTIFICATES OF DEPOSIT 12,008,512.75 U.S.AGENCIES 3,000,000.00 VIRGINIA SNAP PROGRAM(U.S.SECURITIES) 10,682,493.61 VALLEY BANK MONEY MARKET 20,035,076.86 TOTAL $63,057,826.82 September 16, 2013 SA11 1 _ RICK HALE,CH F DE' TY 'R RER 4 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE TWO MONTHS ENDED AUGUST 31, 2013 (UNAUDITED) FY 2014 FY 2013 Additions Employer Contributions $ 1,893,716 $ 1,985,968 Investment Income Net Appreciation in Fair Value of Investments 7,289,900 8,851,008 Interest and Dividend Income 747,020 (123,183) Total Investment Gain 8,036,920 8,727,825 Less Investment Expense (32,856) (220,933) Net Investment Gain 8,069,776 8,948,758 Total Additions $ 9,963,492 $ 10,934,726 Deductions Benefits Paid to Participants $ 5,244,901 $ 5,023,336 Administrative Expenses 12,694 2,233 Total Deductions 5,257,595 5,025,569 Net Increase 4,705,897 5,909,157 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 346,633,200 320,522,130 Fund Balance August 31 $ 351,339,097 $ 326,431,287 Note: Negative income and expense amounts reflect the reversal of accrual accounting entries made for fiscal year-end reporting purposes. 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS AUGUST 31, 2013 (UNAUDITED) FY 2014 FY 2013 Assets Cash $ 1,249,184 $ 1,505,060 Investments, at Fair Value 352,716,213 327,407,597 Accounts Receivable 20,696 19,304 Due from Other Funds 773 19,567 Total Assets $ 353,986,866 $ 328,951,528 Liabilities and Net Assets Liabilities: Due to Other Funds $ 2,636,895 $ 2,510,123 Accounts Payable 10,874 10,118 Total Liabilities 2,647,769 2,520,241 Net Assets Held in Trust For Pension Benefits $ 351,339,097 $ 326,431,287 6 7.b . 1 . City of Roanoke Financial Report Three Months Ended September 30 , 2013 FY14 General • Through September, actual FY14 revenues have decreased 6.4% primarily related to the timing of the receipt of the October 5th installment in the current fiscal year. • Other Local Taxes decreased 0.7% due to sales tax transfers and includes an adjustment for a Public Facilities Tax reclassification. Excluding this adjustment, local taxes decreased 1 .8%. • Expenditures were budgeted at 1 .7% above FY13 actual and included a 2.0% pay raise effective July 2013, a 1 .0% pay increase to offset a 1 .0% retirement health savings contribution and a 2.5% increase in the employer's retirement contribution rate. • Expenditures YTD have increased 2.5% over the prior year primarily related to the fulfillment of employment vacancies in the current year, higher juvenile detention costs and the timing of paving and sidewalk maintenance costs. 2 Sales Tax Decline FY14 Revenue Estimate $20.018 M 4.0 y 3.0 C — 2.0 2 1 .0 0.0 Two Months Ended 8/31 • Prior YTD Actual ❑ YTD Budget • YTD Actual • Sales tax revenues decreased 7.2% due to transfers to other localities and reclassification of public facilities tax recorded as sales tax in error. Adjusting for the reclassification, sales tax decreased 4.3%. • Strong retail performance in FY13 related to activity that followed the derecho event was not repeated in FY14. 3 Meals Tax Shows Growth FY14 Revenue Estimate $ 13.301 M 4 0 3 c 0 2 1 0 Two Months Ended 8/31 • Prior YTD Adjusted I I YTD Budget • YTD Actual Revenue was 1 .8% higher than FY13. 4 . , Lodging Tax Exceeding Budget Al and Prior Year FY14 Transient Occupancy Tax Revenue Estimate $3. 793 M 1.50 c 1.00 0 E. 2 0.50 0.00 3 Months Ended 9/30 • Prior YTD ❑ YTD Budget • YTD Actual Effective January 2013 , Lodging tax increased 1 % . Adjusted for this increase, Lodging tax increased 3% over FY 13. 5 Cigarette Tax Significantly Under Budget FY14 Cigarette Tax Revenue Estimate $2.456 M 1.00 0.75 °- 0.50 0.25 0.00 3 Months Ended 9/30 ■ Prior YTD ❑ YTD Budget ■ YTD Actual Cigarette tax revenue decreased 19.4% compared to FY13. • Consumers shop outside the City to avoid paying cigarette tax • Research shows smokers are decreasing each year for younger generations • Electronic cigarette are increasing in popularity 6 Admissions Tax t FY14 Admissions Tax Revenue Estimate $0.430 M 0.2 N 0.15 ° 0.1 0.05 0 3 Months Ended 9/30 • Prior YTD ❑ YTD Budget • YTD Actual Admissions tax revenue increased 12 .2% over FY13 and is 8 . 3% higher than budget. Movie theater performance is credited for this growth . 7 Personnel (Salary/Benefit) Lapse Performing Ahead of Target $50 $30 I $20 cn $10 Target Actual 3 Mo Ended 9/30 Fiscal Year savings projected to exceed budget by $588,000. YTD expenditure is 1 .4% or $360,000 ahead of target. 8 . . Workers' Compensation it Expenses Above Target $1 ,000 N $750 _ $500 y $250 2 so I 1.- Target Actual 3 Mo Ended 9/30 YTD expense is 5.2% or $21 ,900 above target of $418,000. 9 Comprehensive Services Act (CSA Expenses Below Target $3.0 N $2.0 15 $1 .0 $0.0 , FY 2013 Actual FY 2014 Actual Target 3 Mo Ended 9/30 YTD expenses are 22% or $295,300 below target of $1 .3M . Reductions are related to lower adult care and subsidized adoption expenditures and the reclassification of CSA expenses from IV E costs in the prior year. 10 Residential Juvenile Detention Expenses Above Target $1 ,000 y $750 2 $500 N $250 s $p 1 15- Target Actual 3 Mo Ended 9/30 YTD expense 26% or $68,000 above target of $262,000 related to a higher population of juveniles due to stricter placement requirements Solid Waste Tipping Fees Above Target $1,000 $750 a c N $500 - - 0 $250 $0 Target Actual 3 Mo Ended 9/30 YTD costs are 6.9% or $38,000 above target of $553K. Increase above target is attributed to storm debris clean up in July due to heavy rain . 12 . . Motor Fuel Expenses Below Target „, $1 ,000 $750 `° $soo $250 Target Actual 3 Mo Ended 9/30 YTD expense 4.6% or $20,600 below a non-seasonally adjusted target of $445k. Costs are controlled by practice of contracting for fuel. Pension Plan Trust Outpacing Policy Benchmarks in All Measurement Intervals Roanoke Asset Allocation 9/30/1 3: Performance Period Pension Plan Policy US Equities 52.1 % One Month 4.3% 4.1% Fiscal YTD 6.8% 6.0% Real Estate 2.5% One Year 17.3% 15.8% Balanced 0.0% Three Years 15.1% 13.8% Convertibles 4.2% Five Years 10.1% 8.7% International Equities 20.6% 400 i ' I ❑ Low (2/28/09) US Fixed Income 14.2% 350 I I ■ 6/30/08 International Emerging 300 ❑ 6/30/09 Equities 3.5% I• II • 6/30/10 25o Infrastructure Funds 2.9% Ir. I •■ 6/30/11 200 II I ❑ 6/30/12 Total Allocation 100.0% 150 ' Ill 6/30/13 I ■ 9/30/13 100 Pension Plan assumed rate of return is Market Value Assets ❑ High (10/31/07) 7.75% (Millions) 14 Unemployment Trends 9.0% 8.0% mriiiii ■ Jun 12 711% I-1 Sep 12 rlIPREMIIS II 6.0% 111111� �!� I n Dec 12 5.0% I liii I 111 I p Jun 13 3.0% Roanoke VA US Aug❑ 13 MSA The Roanoke Metropolitan Area (MSA) unemployment rate in August was 5.8%, up 0.5% from its two year low in April. August US and Virginia unemployment rates were 7.3% and 5.6%, respectively. 1 s City Performance Down Through September • Several local taxes indicate growth but FY14 performance is not as strong as FY13. • Expenditures through September are ahead of budget but this is early in the fiscal year and variances are expected to be resolved • Pension Plan is performing above policy target at all measurement intervals. • Roanoke MSA unemployment rate down but still above April two year low. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 5, 2013 The Honorable John S. Edwards The Honorable Chris Head Member, Senate of Virginia Delegate, House of Representatives P. O. Box 1179 P. O. Box 19130 Roanoke, Virginia 24006-1179 Roanoke, Virginia 24019 The Honorable Onzlee Ware Delegate, House of Representatives P. O. Box 1745 Roanoke, Virginia 24008 Gentlemen: I am enclosing copy of Resolution No. 39801-110413 adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2014 Session of the General Assembly. Furthermore, a joint meeting of the School Board and City Council will be held on Monday, December 2, 2013, at 9:00 a.m., in the Council Chamber, to present the 2014 Legislative Program to the City's legislators. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, November 4, 2013. Sincerely, 49.4.A.4.,i4) inn Stephanie M. Moon, MMC}VOs City Clerk Enclosure Cksml/agenda correspondence/November 4, 2013.docx The Honorable John S. Edwards The Honorable Chris Head The Honorable Onzlee Ware November 5, 2013 Page 2 pc: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Cksml/agenda correspondence/November 4,2013.docx IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2013. No. 39801-110413. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2014 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 4, 2013, recommended to Council a Legislative Program to be presented at the 2014 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 4, 2013, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2014 Session of the General Assembly. 2. A joint meeting of the School Board and City Council will be held on Monday, December 2, 2013, at 9:00 a.m., to present the 2014 Legislative Program to the Senators and Delegates. ATTEST: ir11441:01-2 t)r), kyrni City Clerk. K:\LEGIS\2014-15 Program\resolution adopting program.doc Elmwood Amphitheatre 2013 ) 1 Z. i — ! as r , ii!i ! F a k M. Pi A ---lw -Lc!ki la ii 1 .1"6 s' - r —1 s ��\�ti.�.���_Ste_ �i�..'�� f."`—a` .....,. !• ICJ •y�,�+t -,.-,. ---t•r;.s-•,7i.1 1 •/a;r�:� JT' T`] I le iM�rt }}L 11 . 4 r _ _ . t , 2014 Legislative Program Roanoke City Council 2014 Legislative Program In addition to the local issues discussed below, we incorporate the 2014 Legislative Program and policy statements of the Virginia Municipal League. The 2014 VML Legislative Program and policy statement can be found at http://www.vml.org/Legact.html Passenger Rail Service The City of Roanoke applauds the Governor and the General Assembly for the historic enactment of the 2013 Transportation legislation which made possible the extension of passenger rail service to Roanoke. Roanoke City Council will continue its collaborative efforts with the Virginia Department of Rail and Public Transportation, Norfolk Southern Railway Corporation, and AMTRAK to develop, finance, and construct the essential infrastructure improvements to make passenger rail service operational in Roanoke as soon as practical. The City of Roanoke strongly supports further extensions of passenger rail service to localities south and west of Roanoke. Improvements to Interstate Highway Infrastructure The City urges the Governor, the General Assembly, and the Virginia Department of Transportation to take all steps necessary to pursue all available funding for improvements to expand and improve Interstate 81 and commence construction of Interstate 73 from Interstate 81 to the North Carolina boarder, including improvements to Interstate 581 and redesignation of Interstate 581 to Interstate 73. These projects are critical components in the improvement of transportation infrastructure in the Roanoke Valley and Southwest Virginia. Improvements in transportation infrastructure and facilities are essential to the maintenance and expansion of economic development throughout our region. Expand opportunities for public private on street parking agreements. State Code imposes restrictions on localities which limit the ability of localities to create innovative relationships with private parties to implement, operate, and enforce comprehensive on-street parking facilities. As one example, current provisions of State Code allow cities with populations in excess of 100,000 people to enter agreements with private parking management companies. This limitation forces Roanoke to maintain a myriad of parking regulations based solely on it current population. Roanoke recommends three (3) changes to State code to address parking issues: Issuance and Collection of Parking Violations - Amend Section 46.2-1220 to allow any city with a population of at least 90,000 persons to enter into management contracts that will authorize employees of the private management company to issue parking tickets for violations. Amend all applicable subsections of Section 46.2-1225 to allow personnel employed by a management company under contract with a locality to collect unpaid parking tickets and citations. Enforcement Actions (immobilization or towing)— Amend Section 46.2-1246 to allow private management companies, under contract with localities, to immobilize or remove vehicles with more than three (3) outstanding parking violations at on-street parking facilities. 1 Enforcement Actions (confiscation of windshield placards used in violation of law— Current State Code authorizes a law enforcement officer or private security guard to confiscate windshield placards used in violation of law. Amendments to Section 46.2-1255 are needed to allow employees of a private parking management company under agreement with a locality similar authority. These suggested amendments will provide Roanoke and other localities with more options in the development of efficient, comprehensive, and coordinated parking regulations for parking within the locality, whether such parking is at a municipal off-street parking facility or on-street parking facilities. Plastic Bags The City supports legislation that will enable the City to charge and collect a fee for the use of plastic shopping bags provided by retailers to its customer. The goal of such legislation is to provide the City with a revenue source to fund clean-up actions associated with persistent littering. These clean- up activities will assist the City in meeting its mandated MS4 stormwater permit requirements and enhance the livability and attractiveness of The Star City. Streamlined Eviction Process Current State Code includes no provisions that establish an expedited eviction process available to landlords in circumstances in which a tenants whose behavior breaches the peace and laws of a civil society. Presently, local police must respond to such activities and landlords have few options to address this problem. The City recommends the enactment of an Exigent Eviction Process for such situations. The Exigent Eviction Process would require the submission of a written statement, made under oath, of the circumstances that warrant such an eviction. A magistrate would determine whether the circumstances establish, by a preponderance of the evidence, that the eviction process should be initiated. If such a process is warranted, a law enforcement officer will serve the tenant with notice of the proceeding and the opportunity to appear at a hearing. The burden of proof to warrant the eviction is upon the landlord. The proposed legislation should include safeguards for the tenant to avoid an untruthful, discriminatory or malicious landlord. Methamphetamine laboratories Localities confront significant costs associated with the illegal activity of the operation of methamphetamine labs within their jurisdictions. In addition to the social costs incurred from illegal drug manufacture, sale, distribution, and use, localities face real economic cost for cleaning up properties contaminated by the operation of methamphetamine laboratories. The City recommends two pieces of legislation to assist localities in the recovery of these expenses: Clean-up fee- Enact enabling legislation that will allow localities to impose a $2.00 fee on all traffic and criminal convictions. This fee will be placed in a non-reverting account dedicated solely to clean-up of 2 methamphetamine labs. The City estimates that this fee would produce approximately $30,000 annually. In FY2015, the City's direct costs for clean-up exceeded $16,800. Methamphetamine byproduct as pollutant— Courts have held that the byproducts of a methamphetamine laboratory do not constitute a pollutant under current environmental pollution codes and regulations. Inclusion of such byproducts as a pollutant will allow local law enforcement to seek relief against property owners that allow others to use the property for this illegal activity. Unfunded Mandates The City opposes any new state mandates that are not fully funded by the Commonwealth. The City also opposes the continuation of state mandates for which the Commonwealth proposes to shift the fiscal responsibility for such programs to localities. Protect local revenue sources For several years, localities have confronted the threat that the General Assembly will repeal local revenue sources, including Business Professional and Occupational Tax (BPOL) and/or Machinery and Tool Tax (M&T). Repeal of such revenue sources will create havoc in local budgets. For example, repeal of BPOL and M&T will eliminate $15M in annual revenue to Roanoke City. This reduction will penalize Roanoke City Schools by eliminating $6M in annual revenue unless the General Assembly provides another stable and assured revenue source, Roanoke City would need to raise real estate taxes by $0.20 per $100 valuation. The General Assembly cannot eliminate these local revenue sources under the guise of tax reform unless the General Assembly enacts another revenue source that is secure from further legislative threats. Proponents for the elimination of BPOL and M&T argue the loss of these revenues will be replaced by revenues generated through economic expansion. In Roanoke City, the growth of the remaining local, performance-based taxes would need to exceed 20% annual growth to simply replace the $15M lost by the repeal of BPOL and M&T. Proponents also fail to acknowledge the benefit of allowing localities to repeal these taxes on a local basis. In recent years, some localities eliminated some local taxes based on the particular local economics. Allowing localities to manage their budgets through prudent application of appropriate local revenue sources creates efficient, effective, and equitable local government. Enabling legislation to authorize tax amnesty program Current state law permits appropriate localities, to accept compromises for the payment of local taxes, as well as interest and penalties assessed for such taxes. See Section 58.1-3994, Code of Virginia, (1950) as amended. This authority appears limited to individual cases. Localities should have the authority to develop tax amnesty programs that are tailored to the unique circumstances confronting localities. These programs will provide localities with the opportunity to create programs to encourage prompt collection of overdue taxes and provide incentives that ensure participation of taxpayers. Local tax amnesty programs will enhance local central and local autonomy in establishing programs that are workable, effective, and sensitive to local objections. 3 Public Service Centers to be located where citizens can access them by Public Transportation The City requests that the Commonwealth and Federal governments to locate service centers that serve the citizens of the City of Roanoke, such as social security offices and probation offices in areas that are accessible to citizens in need of public transportation. Advertising City Procurements The City supports legislative proposals to allow procurements made by the City and other Virginia localities to be advertised on the Commonwealth's Internet procurement portal, known as "e-va". The website address is www.eva.virginia.gov. This legislation should be local option. Having local and state procurements on the same website is both pro-business and pro-taxpayer and is in keeping with Virginia's policy of open government in the sunshine. Localities should continue to be allowed to publish and archive procurements on their own websites as well. Uranium Mining The City supports continuation of the moratorium on uranium mining and milling in the Commonwealth for public safety and public health. Further, the City opposes state funding being used to develop regulations for the mining or milling of uranium and the City encourages the General Assembly to include such provision in the State Budget. Domestic Violence The City urges the General Assembly to fund supervised visitation programs for families confronting domestic violence. Presently, Total Action for Progress (TAP) operates Sabrina's Place which is the only comprehensive program in the Commonwealth that provides domestic violence focused supervised parental visits and child exchanges. TAP provides this service to Roanoke and the Roanoke Valley region. Currently, the federal Department of Justice provides funding for Sabrina's Place. However, the federal funding will be merged into other court related programs and the designated funding for supervised visitation will be eliminated. The City urges the General Assembly to establish funding of supervised parental visitation and child exchange programs such as Sabrina's Place because such programs are a critical component of efforts to curb domestic violence. 4 City of Roanoke Public Schools 2014 Legislative Program Finalize Revisions to State Mandated Accountability Tests Prior to School Year of Administration The City and Roanoke City Schools acknowledge the importance of assessing student performance through the use of standardized tests. However, staff development and student instruction is critical to student preparedness. The implementation of more rigorous items in the same year that the tests are to be administered assume that the students have had more rigorous standards in prior grades, and even with good instruction it is a challenge to adjust and catch up in such a short amount of time. Additionally, the lack of proper notice presents an overwhelming challenge for large groups of students with low parental involvement; lack of availability of computers at home; and/or students in need of individualized, specialized attention. The absence of timely notification regarding longer tests and changes in item format, including technology enhanced items results in significantly longer testing sessions. This creates a stamina issue, especially for elementary students who are unable to sustain hours of attention to testing. Any and all revisions to the SOL or other state mandated accountability test(s), including but not limited to policies, procedures, language and format should be completely implemented by December 31 of the school year prior to the test administration for the succeeding school year. Allow Roanoke City School Board to select the School Start Date. The City and the Schools support amendments to Virginia Code Section 22.1-79.1 that would afford the Roanoke City School Board the discretion to select the School Start Date that best suits the needs of its students and those of the school division. The control of the public school calendar by the local school board would provide local flexibility and control over opening dates to allow the Roanoke City School Board to have time to provide for required remediation and teacher training. Additionally, it would allow the Roanoke City School Board to ensure its schedule does not conflict with the articulation agreement with Virginia Western Community College (ref Virginia Code Section 23-9.2:3.02) which allows dual enrollment opportunities for its students. RCPS would be able to schedule exams for dual enrollment classes based upon the Virginia Western Community College exam schedule. Furthermore, RCPS believes that additional instructional days prior to administering the Standards of Learning (SOL) tests would result in improved student performance on the SOL tests. Funding for Education. The State has a constitutional duty to meet its education funding obligations. The Roanoke City Schools is operating with the same level of state funds provided in 2009. The City and Schools support full funding of State education programs including the Standards of Quality, incentive, categorical, and school facilities programs. The City and Schools oppose changes in methodology and changes in the division of financial responsibility that result in a shift of funding responsibility from the State to localities. As an example, the City and Schools oppose the elimination or decrease of State funding for State mandated benefits for school employees. The State should consider alternatives to generate additional funds to fulfill the constitutional commitment to education. Alternatives could include raising the sales tax or decreasing the amount of funding for the personal property tax exemption program. 5 The City and the Schools oppose policies that lower State contributions to education under the Standards of Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards of Accreditation and Standards of Learning. The State should not continue to maintain and increase educational requirements while at the same time decreasing State funding. 6 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 5, 2013 Timothy P. Meadows 3129 Garden City Boulevard, S. E. Roanoke, Virginia 24014 Dear Mr. Meadows: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 4, 2013, you were reappointed as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2016. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Timothy P. Meadows November 5, 2013 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue to serve as a member of the Towing Advisory Board. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosures pc: Captain Samuel Roman, Jr., Secretary, Towing Advisory Board, w/application Timothy Spencer, Senior City Attorney COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fourth day of November 2013, TIMOTHY P. MEADOWS was reappointed as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2016. Given under my hand and the Seal of the City of Roanoke this fifth day of November 2013. kh , titi City Clerk ytil CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 5, 2013 Jeffrey A. Robertson 336 Bowman Street Vinton, Virginia 24179 Dear Mr. Robertson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 4, 2013, you were reappointed as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2016. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Jeffrey A. Robertson November 5, 2013 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue to serve as a member of the Towing Advisory Board. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosures pc: Captain Samuel Roman, Jr., Secretary, Towing Advisory Board, w/application Timothy Spencer, Senior City Attorney COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fourth day of November 2013, JEFFREY A. ROBERTSON was reappointed as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2016. Given under my hand and the Seal of the City of Roanoke this fifth day of November 2013. 1)ictiljtii.tAen./b/ rQ ) City Clerk =4= CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 5, 2013 Victoria M. Cox 2326 Portland Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. Cox: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 4, 2013, you were appointed as a member of the Human Services Advisory Board to fill the unexpired term of office of The Reverend Amy H. Ziglar ending November 30, 2014. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by a Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Once the Oath has been administered, please return a signed copy to the City Clerk's Office prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." CKJCI/oaths and qualifications/Human Services Advisory Board/Victoria Cox (113016) oath.docx Victoria M. Cox November 5, 2013 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve again as a member of the Human Services Advisory Board. Sincere) , r h1 ovYJ Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosures pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board, w/application CKJC1/oaths and qualifications/Human Services Advisory Board/Victoria Cox (113016) oath.docx COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fourth day of November 2013, VICTORIA M. COX was appointed as a member of the Human Services Advisory Board to fill the unexpired term of office of The Reverend Amy H. Ziglar ending November 30, 2014. Given under my hand and the Seal of the City of Roanoke this fifth day of November 2013. w_ ICiity Clerk 1� CKJC1/oaths and qualifications/Human Services Advisory Board/Victoria Cox (113016) oath.docx CITY OF ROANOKE b� OFFICE OF THE CITY CLERK R,. `' 215 Church Avenue, S.W.,Suite 456 � J V-3"3" .' Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail clerkU?roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON,MMC City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 19, 2013 The Reverend Amy H. Ziglar 3802 Troutland Avenue, N. W. Roanoke, Virginia 24017 Dear Reverend Ziglar: At the regular meeting of the Council of the City of Roanoke held on Monday, November 4, 2014, Victoria M. Cox was appointed to the Human Services Advisory Board to fill your unexpired term of office ending November 30, 2014. 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 Human Services Advisory Board from January 31, 2012 to November 4, 2013. Sincerely, tij Stephanie M. Moon, MMC ` City Clerk SMM:jec Enclosure pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board