Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 04-07-14
ROSEN 39892-040714 ,.,.1 ROANOKE CITY COUNCIL INFORMAL SESSION APRIL 7, 2014 9:00 A.M. CITY COUNCIL CHAMBER ROOM 450 AGENDA Call to Order -- Roll Call. Council Member Bestpitch was absent. Vice- Mayor Rosen arrived late (9:07 a.m.). Welcome. Mayor David A. Bowers. NOTICE This morning meetings and briefings will be televised live and replayed on RVTV Channel 3 on Friday, April 11 immediately following the 2:00 p.m. session at 7:00 p.m.; and Sunday, April 13 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 resignation of the Director of Finance and the process to fill the position, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (5-0) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 117 and 119 Norfolk Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended. (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. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. BRIEFINGS: • Washington Park Master Plan • FY 2015 Budget Development • Citizen Survey • Update regarding on-site security entertainment facilities AT 12:35 A.M., THE COUNCIL MEETING WAS RECESSED FOR A CLOSED MEETING AND RECONVENED AT 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 at- ROANOKE CITY COUNCIL REGULAR SESSION APRIL 7, 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. All present. The Invocation was delivered by The Reverend Edward T. Burton, Pastor Emeritus, Sweet Union Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, April 11 at 7:00 p.m., and Sunday, April 13 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: FAIR HOUSING BOARD (ONE UNEXPIRED TERM ENDING MARCH 31, 2016) PARKS AND RECREATION ADVISORY BOARD (THREE THREE-YEAR TERMS ENDING MARCH 31, 2017) ROANOKE NEIGHBORHOOD ADVOCATES (ONE UNEXPIRED TERM ENDING JUNE 30, 2015) 4 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring April 2014 as Fair Housing Month; and recognition of the Fair Housing Poster Contest Winners. The Mayor presented the proclamation to Crystal Hypes, Secretary, Fair Housing Board; and Members of the Board in attendance. He also presented Certificates of Appreciation and City gifts to Daniel Plasencia, a second grader; and Vina Tran, a fourth grader at Preston Park Elementary. Presentation of the Government Finance Officers Association Distinguished Budget Presentation Award. The Mayor presented a plaque to Amelia Merchant, Director of Management and Budget and staff. Presentations by The Reverend Timothy P. Harvey and Lori E. Vaught for consideration to fill two upcoming vacancies as School Board Trustees, effective July 1, 2014. No action taken. The Mayor noted that a presentation would be given by William Hopkins, applicant for School Board Trustee during the April 21 Council meeting at 7:00 p.m., along with citizen comments about the three applicants seeking appointment to fill the two upcoming vacancies on the School Board. Mayor Bowers further stated that selection of two successful applicants would be announced at the May 5 Council meeting. 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. Robert Gravely, Evelyn Bethel, Helen Davis, Deborah Saunders, Yzavin Haney, George Riles and James Lynch appeared before the Council. 4. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. The Mayor called attention to one public hearing request from the City Manager. 5 C-1 Minutes of the regular meetings of City Council held on Tuesday, January 21, 2014; Monday, February 3, 2014; and Tuesday, February 18, 2014. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 21, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a request from Unified Human Services Transportations Systems, Inc., (RADAR), a non-stock, not for profit corporation, for tax exemption of real property in the City located at 2930 Baker Avenue, N. W. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Clerk advising of the resignation of Tim H. Steller as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-4 A communication from Kathy B. Smith, Program Manager. Blue Ridge Soil and Water Conservation District, requesting that Council ratify the nomination of Sarah Baumgardner to replace John P. Bradshaw, Jr., as the City representative of the Blue Ridge Soil and Water Conservation District, Board of Directors. RECOMMENDED ACTION: Concurred in the request. C-5 Reports of qualification of the following individuals: Christopher P. Morrill as the City employee representative of the Hotel Roanoke and Conference Center Commission for a three- year term of office ending April 12, 2017; Shawna A. Battle as a member of the Roanoke Public Library Board to fill the unexpired term of office of Taren McCoy ending June 30, 2014; Lauren Hartman as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2017; and John E. Dooley as a City representative of the Roanoke Regional Airport Commission for a four-year term of office ending March 9, 2018. RECOMMENDED ACTION: Received and filed. 6 REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request of the Roanoke Regional Airport Commission to present its proposed 2014 - 2015 Operating Budget and Proposed Capital Expenditures. Jacqueline L. Shuck, Executive Director, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 39892-040714 (7-0). b. Request of the Roanoke Valley Resource Authority to present its proposed 2014 - 2015 Annual Budget. Daniel D. Miles, Chief Executive Officer, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 39893-040714 (7-0). 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: 1. Acceptance of a donation of an electric vehicle charging station from the Virginia Clean Cities, Inc. Adopted Resolution No. 39894-040714 (7-0). 2. Acceptance and appropriation of funds in connection with the Project Lifesaver Grant awarded to the Police Department from the Foundation for Roanoke Valley. Adopted Resolution No. 39895-040714 and Budget Ordinance No. 39896-040714 (7-0). 3. Acceptance and appropriation of the FY 2014 "Four-For-Life" grant award for Emergency Medical Services (EMS) for use by the Roanoke Fire-EMS Department. Adopted Resolution No. 39897-040714 and Budget Ordinance No. 39898-040714 (7-0). 4. Approval of an encroachment permit to construct an electrical transformer pad and an electrical transformer into public right-of-way along Old Whitmore Avenue, S. E., in connection with Phase I of "THE BRIDGES" Project. Adopted Ordinance No. 39899-040714 (7-0). 7 5. Authorization to acquire real property rights in connection with the Moran Street/Blanton Avenue, S. E., and Fresno Street/Aspen Street, N. W., Drainage Improvement Projects. Adopted Ordinance No. 39900-040714 (7-0). 6. Execution of a Temporary Nonexclusive Revocable License Agreement with Sidera Networks, LLC, d/b/a Lightower Fiber Networks to construct, maintain and operate telecommunications facilities in the City's public right-of-way on Thirlane Road, N. W. Adopted Ordinance No. 39901-040714 (7-0). COMMENTS OF CITY MANAGER. The City Manager shared the following comments: Public Art Event • Thursday, April 17, 6:30 p.m., at the Taubman Museum of Art • Free and open to the public • International Speaker Jack Becker, Executive Director of Forecast Public Art, will make a presentation — "Making Art Public: An Overview of Trends in the Field." Becker is considered one of the foremost experts on the field of public art in the country. • Presented by the Roanoke Arts Commission, working with the City's Arts and Culture Coordinator, Susan Jennings. Upcoming Ribbon-Cutting Ceremonies • Saturday, April 12, 1:00 p.m., at Countryside Park, located at the former Countryside Golf Course. • This event will coincide with the final gathering for participants of the Roanoke 100 Miler. • Information is available at www.Roanoke100Miler.com • Thursday, April 24, 11:30 a.m., at Market Square, located at Market Street and Campbell Avenue. • Work was completed last Friday and already receiving positive comments about the improvements. FY 15 Budget Schedule • April 21 at 2:00 p.m., Council Chamber, Recommended FY15 Budget Presentation • April 24 at 7:00 p.m., Council Chamber, Public Hearing on the Regarding Recommended FY15 Budget • May 5 at 9:00 a.m., Council Chamber, Budget Study Session with Roanoke City School Board • May 12 at 2:00 p.m., Council Chamber, Budget Adoption 8 b. DIRECTOR OF FINANCE: 1. Financial Report for the period ended February 28, 2014. Received and filed. 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: a. Continuation of the matter with regard to adoption of an Alternative Ordinance (Draft date: 03.07.2014) to amend the City Code to establish the Mill Mountain Advisory Board and dissolve the Mill Mountain Advisory Committee. Adopted Ordinance No. 39902-040714 (Alternative Ordinance B Draft 04/07/2014 and Resolution No. 39903-040714 (7-0). 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Ordinance No. 39887, on second reading, to amend the INPUD Development to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property located at 1809 Franklin Road, S. W. (Matter was postponed until the June 16, 7:00 p.m. meeting of Council.) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Trinkle expressed appreciation to staff regarding the Market Square improvements. He noted concerns from downtown residents regarding skateboarding; and streets in disrepair, particularly potholes throughout the City. Mr. Morrill reported that $190,000.00 in additional funding was available for street paving, adding that City staff was looking at all streets as to greatest need and use. The Assistant City Manager for Operations mentioned that the streets would be listed on the City's website once updated. Council Member Ferris spoke about the closing of the sidewalk at 202 Market Street, noting that traffic would be impeded; and asked that the matter be investigated. 9 At this point, Council Member Trinkle left the meeting (5:15 p.m.) b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed Alesha Allen as a member of the Fair Housing Board to fill the unexpired term of Helen Muddiman ending March 31, 2016. Appointed R. Gail Burruss as the Community Services Administrator designee representative of the Court Community Corrections Program Regional Community Criminal Justice Board to fill the unexpired term of Tim H. Steller ending June 30, 2015. Reappointed Kimberly G. Parker, Chris Bryant and Gordie L. Zeigler as members of the Parks and Recreation Advisory Board for three- year terms of office, each, ending March 31, 2017. Waived City residency requirement for Mr. Ziegler. Reappointed M. Rupert Cutler (Non-elected) and Terri F. Workman (Private Sector) and appointed William D. Bestpitch (Elected Official) to replace Raphael E. Ferris and Wayne Bowers (Technical Advisor/City Manager designee) of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for three-year terms of office, each, ending March 31, 2017. CERTIFICATION OF CLOSED MEETING. (5-0, Council Member Trinkle was not present during the Closed Meeting request of the City Manager due to a conflict of interest, being he is employed with Carilion Health Systems; and Council Member Bestpitch abstained from voting since he was not present during the Closed meeting which was held at 12:35 p.m.) 12. ADJOURNED - 5:17 P.M. 10 �«-v CITY OF ROANOKE , :— ; CITY COUNCIL . r -• ? 215 Church Avenue.S.W. ��'o r Nod C Taylor Municipal Building,Suite 456 �- z ;� T: � ,,� '''-__7 Roanoke,Virginia 24011-1536 -- Telephone: (540)853-2541 DAVID A.BOWERS Fax: (540)853-1145 Council Members Mayor William D. Bestpitch Raphael E."Ray'Ferris Sherman P.Lea Anita J. Price Court G. Rosen David B.Trinkle April 7, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise you that due to sudden illness, I will not be present at the 9:00 a.m. session of Council on today; however, if feeling better I will attempt to be present at the 2:00 p.m. session. Best wishes for a successful meeting. Sincerely, AliAsair William D. Bestpitch Council Member W DB/ctw 5r ieci AJO. 1.„ Washington Park Master Plan Discussion April 7, 2014 Background Planning Process 2003-2004 Some of the participants: Dr. Jeanette Manns Frederica Monk Evelyn Bethel Helen Davis 4 Long term framework for improvement 2008 Amendment for aquatics/pool improvements p . .. The Plan -f LINCOLN'•jjERRACE - U • - ,6 4,^ EMENCRYL� � N 0' 0, I �. ` Future Feld Area. „-�-�}`f`-. 1 I new with bai-use play �� �: - field with multiuse play field. --- --- l re-use tight fixtures 8 r —— "—'! '...f, _ Provide access traits %% a��, \ ,.� ", F1 Future Access Trails. T Future Court Fautdies: r •1 '' F provide ADA accessible walk. i `� a:paraded basketball courts, -"'/4'•� V �} vv �j✓ f I trails throughout site _ Caro I\ with 2 covered courts is { ; y /V,!- f w8h interpretive aatti slareas _ pedestrian plaza wnh play l/1 8 shady seating areas- ''a y Marna&concessronS • tee. r(e: •/'1 r't 1 �' apt �1 .i1` ~ 0 Future Parking Area: '" LLll Future Field Area: � � r - ,�'`♦ r expanded parting facilities rO v • new multi-Ufo play field with ' - F ,;+�p +--'� wdh drive-inn,aisles& 1 rt, �, -` skinned basebalVSOflball oolaross ll connections to pedestnan i C.�i+/ Q t field&adjacent picnicking Caxn 'f' G"'`. 0G, trails&amenities -WN Tt.EN ,, ..,,�_ fadkties with parking .. l :.r• 1_ � -.. •Aare w (� '1ln O,; Future Plantings Fonm.v8omr her 1 ^� (�_ E Oi. ,..�` .. provide plantings of native 1 1 � `. �('k,. -© 1, -, " trees and shrubs for both Ftetl ppyyvy ' 1) seasonal interest 6 shady frmtao.Ye►1 Arri _ '. : Q ,� ` 1• seating areas at trail 1 �, Fnrrp ,,."�,� s�Q • �. 11 • - {{))ee�, ultra Aquatic Center. ,� _. ,..*,..5... �x- -�y. aquatic pool a a family a a- -- aquatic center,complete Q f 1 f _(1 I With splash pod elements ,+� I 1 .w^s- ' Frsw \ R adjacent parking • ii I ..yin. ' -i EE . __ -... :.,.m,.=r , j.�'`- New Comkxt Staton ^+. 1 i j aj ,) - restroorn facilties with water ,r,± �r",-- _ .. • N r, fountains.adjacent picnic pm•nde new vandal-resistant `�"I r ."�. .-J shaker,grills,horseshoe ,,,�y post-mounted light fixtures *Q • pits d ADA walks ," ak along Carver Cleve&at c°"N�+ ® - • It t-f ,*00 40:\ _I '� Future Field Area.' UCYADDISON - ��ec » t remove existingbascbait AEROSPACE softball ri:d a ad scent I - ,.,, o�'y /vr.i - gravel parking area= fi± _ ) :- Evens House SJ �l t passive play area fCiHf � `t11 `� f Improvements'I.. y' �� as an Interpretive space r , Basketball Court: i ,,.r : for local h+story +i pipit replace existing wood I ,. '......_..,,t \ _ lD - backboards with new fiber- 'Q •••,.,,.....,.�.�„ _-_._.-RA N Ca E - _ y-- ) grass backbcard panels 0t l `'-••.. ' Future Lighting: A V E N—Z/€L' a Hoops-typical _ � ��\+ti tepiece existag wood poet- `•^�'.------------7---------.::.--r A§O Va ,1� mounted fixtures with raw .t C_ vandal-resistant post d _ O `'`- �CI�'1 light fixtures-typical '� s Initial Improvements 2003 - 2004 Two playgrounds - $100,000 Restroom, shelter, paths - $100,000 Lick Run Greenway - $432,000 G Athletic field lights - $100,000 • 2012 Safe routes to school - $242,000 Total - $994,000 Fun in 2009 - 2012 No project funding from Parks and Recreation capital 2013 - 2014 Began to build funding back • 2015-2019 • Parks and Recreation planned funding for system-wide capital improvements: FY15 - $1,000,000 FY16 - $1,000,000 FY17 - $2,500,000 FY18 - $2,500,000 FY19 - $2,500,000 Next Steps Community Meeting Confirm/re-affirm plan content Identify priorities Incorporate into overall Parks and Recreation Funding strategy for capital improvements for FY15 and beyond • City Council July/August s' rc ,, ,, , Discussion 1 , , LINCOLN ERRACE - - - ", :�Y • - '.r , -'%' 4 fpLEME Y,'=_sue / / \� Q,lL'° i. J F . Fur..Fw:d Area •` ma''`y J 1, . • / new:KV Wseta't's.n.. -'v^•' '.ss`. trotdv T w.P'a'y 6e.•1 -"---"._', 4: 3,-.'14 ti. } row.ght lsarres A ---/� :•\ k ^- - M favn0a across"'ors;r?' ' ` �� � � ,��A1/41r, ',_ t,s3,, Future AcCOSSTIaia. • ' Y C:urt .l!ros: --U �" (/J/Jj `�•.... , yrode ADA axes..:•waM• hcq asp..Daseetea rn.fte. �J 1 t\ :l 1 w.N,mtcrprm wJe ,.y ��. ♦ redeem.2clans play 1. •Veei ..� •shady seY pa-e, i �.':ar , ca a...Inch" . ' /� 1` •• Fp•.ur.Fold Area. s•vg Z'fi t 7 .-'�j.','": expanded C.nm7*Sines 1l�Jl--~ 4 raw mu+r.,se Pia"eaa wm, I C 1 at,•M.ed baaeballscMa'! �� 1c 'L t wCOf�MC�rii�l"PCdasilIDn J �y1 J •• .emu ra taciters iesh perking S,, „*S C ..' =e 1 is trats 6 amen'Ws. 4,H t EN.T ��, p :1.1 C 'a el ' '‘"§".Nr-"--1 I4 Future P:aNngs _Zeal, L11 •...t,4 j ±,.V l� .'•-•..4 )1. '' . : --• ..,.. 'er;... .r..,t. ,...., jA t-; -� '- r � •-r ulure Arp;atic Center © Y. �• � L. f 4�,,.►- --'° a�a'.k cerxv.cart4!eb , Q y r t w. z ash 900 wrrrons t ■ 1' ,.. ran a w,a«n p _ . am, �v�rr\, � r � �� to '',IV t '-.. - Ncw Contort Stalnn _ !"P .�_ -s'- resraorri It:.ws w!h wa7tt .. �r !/'sr Future Lr7Mng' torraam.ada«nt 9'crxc - prcwde new vardatw!amt \ F". t sltdter,gr ie,tars hoe ,^..`r post-rm:ueW bbqqNfl fnbras 'i, tMS a ADA walkz . 'abnp Carver[Sore G al • -�,,- UCYAUPISON I� w .. 00r.yr []r Fu aFv.3Aea r.,Y� +..� ,, ...ev OY,et.V 4r w SOW.fe''d a au:Went AEROSPACE f r �...,,_'�..>) A... SNOW, gmvN 9ark.M#-a isNELSCHOOL. , J Evens muse ( :Q.� c servePa oma prccde fxWa=rr+err fi ' c4�''•+ -� •"" avvSP tM axrearra.s an in stele ve SPX."yr ... i '-• /_ .a.,"`r"a ^' Beske!tarl.Cant f/�-,.......,,, \.A 7 Case replete nyttee)enm 9mei�V "/.�f)J.�]+� � 0 4 p R A N G E�q y E.. y�`prs wck'sa a awrw.r-/ `+L/ -`,v -ma \' F nuts Lighteg -,.. 41_t. / _ e . a os•W -.. - V vf} raWCa sere:.t ws pest. �.,.^.- , U T - ('y 4 mounted F.vas w!n rm. �•"^�,.-�. 4- '• - '-`-• -•.ti.` nrM1. , ... vends rrststant pasta '. -+-2` a f LINCOLN'TERRACE 1� • \ V \\--/-/ �^� v\ <en 8 87 8 M ET RY' _ Crr ""ELF ��j s x a' �I ' . '\ "\ j `L�°'° .- � _jay/ / \ - a$� } Future Field Area: , [ y ° i o 3r _ /.' new 300'baseball/sottball - •'' ? T�� 1i f field with multi-use play fief `•�/ t (j` 'm, r re-use light ass trails 8 \ ` ry; provide access Veils ,/ O ` 1. •• S •T • ° \ ■ Future Access Trails. \ , •.e 11Future Court Facilities: ,-- —. /�/�� }}} - Ir. provide ADA accesstble walk- .., `; expanded basketball courts, �. �! r)1y� t '?E ing trails throughout site i with 2 covered courts& / \ • t t s5 � S �. with interpretive signage l 4 ,� pedestrian plaza with play' 4r a Yoh /. - &shady seating areas area 8 concessions • 1 'ilillir /7 ,-....., ',, / , ATMs -4.16 " �.` \ Future Parking Area: • a Future Field Area: •• a4. �.j y � ":::._.,‘\� •., ' expanded parking facil ties -:} t , m new mutt)use play field with w F -,,,F,�., I with drive-thru aisles& 0 1 t m skinned baseball/softball K<ti, - Z - 6adWWll , `. connections to pedestrian/ Q •�..,, �"� field&adjacent picnicking Coin ,2 \ trails&amenities �i-j r E?'.- ,,, t�-rt t n. 2 .-"---..,.,,��/ facilities with parking t� � �\ H'I N- C y >i \•'',....._. , 4,,..4sini, . '''=1' - 4310r(‘-e C---.:39 )-1\1. __. r\- '"-.___,„• --'' .:'-:_,------'.--- CS 03 C Future Planting- lantings: ••.. _ r,or-. I • V dp ,,, a J c�o if provide plantings of native ‘ ,• FootballSoccur 0,44\' _ f I ot3 O zs trees and shrubs for bath y Foldp�ay .?Il^ � i p "� _�' r�1 I I w(- seasonal interest&shady (70x120 yd,.) , Nei S� �� m 1). 5.1 -2 0 U ., seating areas at trail / •' �- ��i �'�< �. fM1 • t� �.::.. _ t I , m Zi r --- - _ r afore Aquatic Center. 4] ' -- j� � • upgrade pool as a family t • `" • ;YG� e, aquatic center,complete 1 r^� 1. � c 1 - with splash pool elements 'I f ;'''":.42,.\,,L,, -7�._ i �' f '': Ruin 11'Fug 8 adjacent parkrng ' I / ' ' 7 tr�wr�r tl _rl rr �r ]: �N tea..__�x 0� _� I LI F=* stirrer \-Q,. New Comfort station: '""-,,, ` t• p i 1 i �' ` i'r // .• w• restroom faditles with water �q r 7 (�~� f Future lJghtln�: �' ( , .4 1 fountains,adjacent picnic ( k Fw 7 /) r Q provide new vandal-resistant .r \ shelter,grills,horseshoe y� 4M f o post-mounted light fixtures * pits&ADA walks ' 1• .- along Carver Drive&at p R ` - Now - / 8 �f �� • I - pedestrian trail ' anal �""" r r^r'-,�y _ Future Field Area: ' tiro "° �V� j - renavaexistingbasehalU ,,,,,.,....� / I `LUCY ADDI80N _ New softball feild&adjacent o Area Fryer c gravel parking area= / ~' HO• Evans House: W 4'fizz, -_ Shatter passive play area 1 ^^..,o provide facade Improvements ■ _ i i \ \11111.1P ' ^�..,,, -- &develop the exterior area ?�, / :ie dar>na r r; 1 as an interpretive space �,; J for local history y.. Existing Basketball Court / �h r 7, ' f ._• enn, replace existing wood panel coma" r ^ 'r �_ backboards with new fiber- / Maim.By r \ „ Future Lighting:O R A N G AVENUE V R \ glass backboard�panels ! fa . ` . replace existing wood post- : V T E aW~ ,.,. mounted fixtures with new 4 8 0 � � " ,�,,� vandal-resistant post& r • - \ .r NOM �f f light fixtures-typical jw un 17/' ,—, .. i, JF I' .. --.» ©� 'I `�., r .,,, �� �1 � I e• .. `s,"+.-'N urr.rr xe1�B w 2 er 2 FY 2014-2015 Budget Development City Council Briefing April 7, 2014 Agenda • FY 2014-2015 Budget Update • Capital Project Planning • Cash Funding for One-Time Expenses • Follow-Up Items • Next Steps 2 1 4 BFO Process Update • Where We Are Now — Priority Teams have completed recommendations and presented to Budget Committee — Budget Committee is engaged in balancing deliberations • Next Steps — Council feedback — Budget Committee final balancing activities — April 21st — Presentation of Recommended Budget to City Council 3 Assumptions • Implementation of Stormwater Utility • No tax rate increases • No salary increase • No service reductions 4 2 Price of Government Revenue Estimate by Major Category Fiscal Year 2015 On Millions) Property Tax f 104.2 Intergovernmental 66.7 --° . ... _.a Other Local Taxes 544 Sales Tax 192 Other Re venue 155 Total f 2600 Revenues stable when comparing the FY15 estimate to the FY14 Adopted Budget 5 $954,000 Decrease in FY15 Revenues from March 3, 2014 Estimate FY15 FY15 $Growth/ Estimate Estimate (Decline) as of 3/3114 as of 4/7/14 General Property Tax S 105,730000 S (101,000) $ 105.629.000 Other Local Taxes 74272.000 (647,000) 73.625.000 Permits Fees and Licenses 1.103.000 68.000 1.171.000 Fines and Forefeitures 1.320,000 - 1.320.000 Revenue torn Use of Money/Prcperty 142000 - 142,000 Health and Welfare Funding from Commonwealth 28.080,000 - 28,080.000 Other Funding Iron Federal and State 38.619.000 123,0001 38596.000 Charges for Services 8.652.000 (71.0003 8.581.000 Internal Services 2.465.000 1180.0001 2.285.000 Other Revenues 584.000 - 584.000 Total General Fund Revenues $ 260,967,000 $ (954.000) $260,013,000 6 3 FY15 Revenues Compared to FY14 Adopted Budget FY14 $Growth/ FY15 Adopted (Decline) Estimate as of 4/7714 General Property Tax S 105 388.000 $ 241.000 S 105.629.000 Other Local Taxes 74 518 000 (893.0001 73,625.000 Permits Fees and Licenses 1 034.000 137,000 1.171.000 Fines and Forefeitures 1.592.000 (2720001 1,320.0W Revenue from Use of Money/Property 214.000 (72.0001 142.000 Health and Welfare Fund g from Commonwealth 27 345.0W 735.000 28.080.000 Other Ending from Federal and State 38.377.000 219.000 38.596.000 Charges for Services 8.508.000 73 000 8.581.000 htemal Services 2.507.000 1.22.000) 2.285.000 Other Revenues 550 WO 34.000 584.000 Total General Fund Revenues $260033,000 $ (20,000) $260,013,000 7 FY15 School Funding 1d 4111 IY)1114M pj,.I a IYA14ASAIM er. Mope Pleiuesy I'IIMrmrYlu k11 .d •YAISReend IY MI5 Homed Midget I euNe Mn.W I+imee I uiMe IadnlerAmnl I HM,fePecv4 faeyey IYAN! IY ton !hemp IYT115 Ilinmce IHlsercr • • 1 1.• 5 I IAA ilermu SuLMln Sliming Nil\cb,h 111/981/180 111X118)000 4/11/.11 1tl/.111XN 1 AAADYG1 • I Inkui 11\c luci I !!1111,11 I /l•/9A0 I Q94.Mal I I/7e1/ll 1 p14j8P 8 4 Revenue Adjustments/Enhancements Fee Title Current Proposed Fee/Rate Incremental Description Fee/Rate Revenue Virginia Stormweler $0 VAMP Fee $60,000 Collection of VSMP Management Program $zo9',SFR permit fees which (VSMP)Permit Issuance $1,044;10000M-SAC were formelfy Fees $2,448;SAC-10AC collected by the State $3,240;MAC-50AC (rates set by the $4302;50AC-l O0A0 State) $e,012,100AC• VSMP Maintenance Fee $50:SFR $400,10,0000-SAC $500;SAC-10AC 5650:IOAC-50AC $900:50AC-100AC SIAM 100AC+ VSMP Modification Transfer Fes $20;SFR $200;Io.00DSf-SAC $250:SAC-10AC $300'MAC-50AC $450',50AC-'MAC $]M:100AC• 9 Revenue Adjustments/Enhancements (Continued) Fee Title Current Proposed Fee/Rate Incremental Description Fee/Rate Revenue Board of Zoning Appeals, Paid directly by $425 $15,300 Process change in Rezoning,Street Alley applicant covering the cost of Advertising Fees legal advertisements for applicants Police Off Duty Billings $30 $40 for Officers $70,120 Regional rightsizing $35 $45 for Supervisors hourly rates for off- $45 $50 for short notice duty police officers Off Street Parking $1.50;6-14 days $15;15+days $0 Adjusting fees to align Violation Late Payment $15;14*days with on-street parking Fees violation late payment fees Stormwater Utility Fee $D $30 per 500sf of imperWous $2,000,000 Additional revenue to surface provide for increased maintenance of stormwater assets 10 5 City of Roanoke Vision and Priorities The City of Roanoke is a safe,caring and economically vibrant communityin which to live, learn,work, play and prosper. Assure community safety and Cultivate thriving needs are met and promote s i business • a safe and desirable region. environment and nnovative workforce opportunities to ensure Safety ''Econom the prosperity of our community. Enhance Roanoke's ----- exceptional vitality as an Foster an environment for attractive,diverse, lifelong learning which culturally inclusive,vibrant encompasses cradle to and active city in which to Livability pp�rr�' Educaflorr career and beyond through live,work antl play shared services and community involvement. nvolvement. Good Infrastructure Governme t Maintain and build quality Provide exceptional.yet cost healthy residential suPPOrts competitive ervice that are cturethat Human services that arernmentrative. • neighborhoods,successful Services transparent,responsive,and commercial areas,and innovative. accessible public facilities and amenities. -- Foster a caring community that utilizes a regional and collaborative approach which encourages self-sufficiency while providing a social safety net 11 to citizens when they are most vulnerable. Priority Reconciliation March 3 Offer Offer!Revenue April 7th Offer Total Adjustments Total Education S76,226.652 (5348.369) 575,878 283 Safety 565,162,555 (5411,013) 564,751 542 Human Services $35..879.932 (5843.698) 535.036 234 Infrastructure 520.506.374 (5631.6161 519.874 758 Good Government S16.811.615 (5198.917) 516.612698 Livability 515,975.156 (5820.286) $15.154870 Economy 51,740.740 (S399.961) 51.340 779 Outside Agencies 56.358,513 ($170,371) 56.188.142 Reserved Allocations 526 063.056 (52 222.755) $23.840 301 Budget Committee Review 53.056.049 ($100,000) 52.956 049 TOTAL $267,780,642 ($6,146,986) $261,633,656 Revenue Projection 5260 967.000 ($954 000) 5260.013 000 Out of Balance (56.813.642) ($1,620.656) 12 6 Balance Status March 3 Out of Balance ($6,813,642) Offer Reductions -($4,485,468) Sub-Total ($2,328,174) Base Reductions -($1,422,518) Sub-Total ($905,656) Revenue Estimate Decline ($715,000) April 7 Out of Balance ($1,620,656) 13 Reserved Allocations Within the Price of Government: Transfer to Debt Service $13,772,583 Personnel Lapse(Salary,FICA,Retirement) ($2,078,633) Budget Contingency $1,291,511 Other(Medical,Dental,401 h,Civic Center Subsidy,GRTC Subsidy, $10,854,840 W/C,Misc Contingencies,Budget Reserves,Line of Duty,Memberships, CCAP,Affordable Care Act) Funding Adjustments: Excess Debt Service funding(base reduction) ($1,000,000) Affordable Care Assumptions(base and incremental reduction) ($564,150) Special Print Contingency(base reduction) ($130,000) Motor Fuel Contingency(base reduction) ($209,000) 14 7 Budget Committee Review Within the Price of Government: Fleet Capital $1,913,250 Radio Capital $442,799 Technology Capital $600,000 Not Recommended for Funding: Radio Capital(supplemental) $100,000 15 Education Team • Jody Lawson — Finance • Katharine Gray — Planning • Angela Arnold — Real Estate Valuation • Steve Buschor — Parks & Recreation • Dr. Matt Hurt — Roanoke City Public Schools • Charlsie Parker — Libraries • R. B. Lawhorn — Management & Budget 16 8 Education Within the Price of Government: Roanoke City Public Schools $74,290,000 Library Core Community Services $1,185,736 Library Services to K-12 $136,749 Library Early Literacy Services $166,020 Summer Reading Camp $20,832 Exceeds the Price of Government: Library Core Community Services(temp wages and operating expenses) $27,348 Library Services to K-12(temp wages and operating expenses) $45,991 Library Early Literacy Services(reduction in operating expenses) $5,607 17 Education (continued) One Time Funding: Youth Services Initiative(NEW) $25,000 Not Recommended for Funding: Lifelong Learning(supplemental) $14,000 18 9 Youth Services Initiative • Request: $25,000 • Funded through one-time allocation • Comprised of: — Youth Summit: $10,000 — Star City Reads: $2,500 — Melrose Back to School Festival: $5,000 — Kids to Parks Day: $7,500 19 Safety Team • Bob Clement— Neighborhood Services • Dwayne D'Ardenne —Transportation • David Bell — Sheriff • Venessa Bohr— Department of Technology • Rick Kahl — General District Court Clerk • Monti Lee — Police • Jim O'Hare — Juvenile Justice/ Youth Haven • Daniel Rakes — Fire/EMS • Sonya Roman — E911 • Paul Workman — Management & Budget 20 10 • Safety Within the Price of Government: Police Patrol $11,225,067 Building Safety $602,755 -Combination Inspector II for Increased Demand and Accreditation (1.0 FTE)(Supplemental) $57,073 Police Investigations and Support $4,742,597 Traffic Signals $643,842 Police Administrative Services $2,202,054 Fire Prevention/Inspection/Investigation Division $478,648 Jail Operations $13,325,184 Signs and Pavement Markings $643,760 Street Lighting $1,133,989 Emergency Management $87,613 21 Safety Within the Price of Government: Police Academy $600,517 Fire and Emergency Medical Services Operations $16,436,624 Sheriff's Office Operations $3,350,310 911 Operations $3,008,266 Police School Resource Officer $546,507 City Prosecutors $1,621,451 DARE Program $207,775 Roanoke City Victim Witness Program $38,701 Fire-EMS Training Division $517,248 Residential Juvenile Detention Services $947,475 -Specialized Probation Officer(1.0 FTE)(Supplemental) $54,034 22 11 • Safety Within the Price of Government: Drug Prosecutor $46,445 Fire/EMS—Support and Administration Services $740,812 Office of the Magistrate $6,841 Administrative Support of Juvenile&Domestic Relations District Court $32,326 Police Animal Control and Protection Unit $445,223 Administrative Support of Roanoke City General District Court $28,872 Enhanced Community Services(VJCCCA) $72,154 Roanoke Emergency Medical Services(REMS) $100,000 Outreach Detention/Electronic Monitoring $252,730 Support Circuit Court Judges $552,649 23 Safety Exceeds the Price of Government: One Time Funding: Regional Fire Training Center Capital Building Maintenance $59,400 Regional Fire Training Center Roof Repair $55,000 Code Book Updates $14,000 Not Recommended for Funding: 24 12 Human Services Team • Chris Perkins — Police • Connie Carter— Human Services • Jenny Alexander— Social Services • Hilary Kennard — Library • Melida McKee — Parks and Recreation • Lesha VanBuren — Management and Budget • Cookie Wall— Real Estate Evaluation • Paul Workman — Management & Budget 25 Human Services Within the Price of Government: Social Services—Benefit Programs Division $5341,157 -Benefit Program Specialist I(2.0 FTE)(Supplemental) $78,740 Employment Services Programs $1,621,696 Social Services—Family Services $14,536,943 Comprehensive Services Act $10,019,057 Human Services Support $120,813 Social Services—Administration $2,474,913 Probation,Parole and Intake Services $33,778 Youth Haven $424,365 Substance Abuse Counselor(VJCCCA) $55,226 Resource Parent Training $184,226 Homeless Assistance Team HUD Grant-Match 45,320 26 13 Human Services Exceeds the Price of Government: One Time Funding: Not Recommended for Funding: Senior Family Services Specialist(supplemental) $48,461 Foster Care Prevention Out-stationed Positions(supplemental)—HUD $92,709 funded Full Time Support Staff for Shelter Plus Care Program(supplemental) $43,461 ($28,068 added to base offer to retain temporary position) 27 Youth Haven • Change in service delivery model — Same services delivered through combination of 2 Counselors and purchased services based on demand • Relocation from leased space • Reduction of 2 positions (Supervisor and Counselor) • Partial reallocation of funding for purchase of services • Net reduction of $100,000 28 14 Infrastructure Team • Danielle Bishop — Planning, Building & Development • Jeff Beckner — Fire/EMS • Wayne Bowers — Economic Development • Mike Cosby — Fleet Management • Hong Liu — Traffic Engineering • Roy Mentkow — Technology • Luke Pugh — Engineering • John Schaaff— Facilities Management • Steve Elliott — Management & Budget 29 Infrastructure Within the Price of Government: Bridge Safety Inspection Program $292,951 Street Maintenance $1,202,690 Paving Program $3,478,071 -Additional Contract Paving Funds(Supplemental) $190,000 Bridge Rehabilitation and Renovation $643,275 Facilities Management-HVAC $777,217 Technology Infrastructure Support $1,937,386 Snow Removal $110,826 Development Review&Inspection $248,428 -Combination Inspector I(0.6 FTE)(Supplemental) $26,077 Facilities Management-Mechanical Maintenance(Electrical,Plumbing& Welding) $694,504 30 15 Infrastructure (continued) Within the Price of Government: Fleet Maintenance and Repair $2,509,549 Fleet Motor Fuel $69,314 Facilities Management-Bldg Maint.Division Contracts&Service Agreements $463,345 Median and Right of Way Landscape Maintenance $1,263,173 Radio Technology Support $656,079 Sidewalk Repair&Maintenance $319,944 Environmental Compliance and Best Management Practice $216,950 Facilities Management-City Utilities and Work Order Management $1,057,418 Civic Center HVAC Required Frequency Preventive Maintenance $68,182 Map and Graphics Production $94,757 31 Infrastructure (continued) Within the Price of Government: Facilities Management-Structural Maintenance $678,444 Library Technology and Innovation $22,600 Facilities Management-Municipal Complex Maintenance $534,737 Capital Project Management Services $702,540 Alley Maintenance $427,575 Geographical Informations Systems $333,377 Facilities Management-Custodial Services:Cleaning of City Facilities $683,180 SWM Containers and Distribution $105,016 Parking Garage Preventive Maintenance $36,741 32 16 Infrastructure (continued) Exceeds the Price of Government: Fleet Vehicle Wash Program $30,412 One Time Funding: SWM Automated Container Replacement $92,333 Capital Building Maintenance $114,000 Fleet Capital $200,000 Technology Capital $100,000 Capital Project Contingency $260,524 Not Recommended for Funding: Paving(supplemental) $190,000 Virginia Department of Transportation Capital Projects—Local Funding $195,100 (base reduction) Environmental Compliance—Administrative Assistant Ill(supplemental) $36,941 SWM Containers and Distribution(base reduction) $22,684 33 Good Government Team • Debbie Moses — Parking, HRCC • Katie Davis — Finance • Greg Emerson — Commissioner of the Revenue • Kennie Harris—Technology/GIS • David Hoback — Fire/EMS • Dustin Jackson — Real Estate Valuation • Tim Spencer— City Attorney • Valerie Staten — Planning, Building & Development • Michele Vineyard — Human Resources • Steve Elliott - Management & Budget 34 17 Good Government • Within the Price of Government: Real Estate Taxation $1,692,121 Permit Center $216,517 -Development&Building Coordinator I(1.0 FTE)(Supplemental) $33,252 Personal Property Tax Administration and Motor Vehicle License $867,744 Taxation Programs Commonwealth of Vrginia $181,255 Risk Management and Worker's Compensation Administration $764,356 Business License Taxation $313,293 Safety Training/Loss Prevention and Control $72,607 Set Off Debt Collection Program $55,507 Miscellaneous Revenue Collections and Administration $107,613 Human Resources-Salary Administration $207,229 Other Local Trust Taxes $147,347 Auto and General Liability Claims Administration $61,255 35 Good Government (continued) Within the Price of Government: Business Applications Support $1379,362 Accounts Receivable Billing and Collections Services $352,657 Retirement Plans Administration $492,509 Cash Management and Investment Services $221,944 Payroll $263,132 Legal Counsel $952,272 Accounts Payable $303,741 Procurement Services $387,247 Leadership, Management and Oversight $809,484, Human Resources-Benefits Administration $154,496 Circuit Court Clerk Performance of State Mandated Duties $1,562,736 Budget Development $283,833 36 18 Good Government (continued) Within the Price of Government: Budget Administration $137,827 Human Resources-Employment Services $297,508 Handle Collection of Court Costs and/or Fines for the Roanoke City Courts $85,306 Fund Accounting&Financial Reporting $611,417 City Council $242,381 Conduct of Elections-Local/State/Federal $238,266 Board of Equalization $11,533 Performance Auditing $433,498 Voter Registration Services $119,194 Coordinate Annual Independent Audit of City CAFR $155,322 Human Resources-Employee Health Services $631,372 37 Good Government (continued) Within the Price of Government: Technical support and administrative services to Constituents $437,762 Human Resources-Employee Training&Programs $441,396 Public Information: Make City News Accessible and Promote the City of Roanoke $149,235 Contract Management Services $88,111 Capital and Financial Planning $168,803 Audit of Sheriffs Office Internal Controls $3,200 Provide Management,General Administrative,and Departmental Support Services $163,429 Fraud,Waste and Abuse Hotline $58,719 Travel Policy Administration $28,044 RVTV: Roanoke Valley Television $218,466 Parking Contract $8,400 38 19 Good Government (continued) One Time Funding: VML Conference(host city) $75,000 Registrar—precinct realignment,printers for electronic pollbooks,optical $80,397 scanner and ballot container,additional temp wages Clerk of Circuit Court—records management PC and hardware $25,000 replacement Grant Match Contingency $100,000 Not Recommended for Funding: Public Information:Make City News Accessible and Promote the City of $30,500 Roanoke(base reduction) Management and Budget—Customer Service Coordinator $67,176 (supplemental) 39 Livability Team • Chris Chittum — Planning • Joseph Klein — Libraries • Nicole Ashby— Parks & Recreation • Priscilla Cygielnik— Engineering • Rebecca Grenoble — Real Estate Valuation • Kenny Lang — Solid Waste Management • MaryLou Puritz — Libraries • R. B. Lawhorn — Management & Budget 40 20 Livability Within the Price of Government Planning&Urban Design Services $812,806 --Combination Inspector I(0.3 FTE)(Supplemental) $13,038 Traffic Engineering,Transportation Planning,and Project Management $545,036 Urban Forestry $858,409 --Urban Forestry Requests(Supplemental) $2,000 Code Enforcement $1,110,628 Libraries—Books and Materials $597,001 --Increase in publications&subscriptions(Supplemental) $20,000 Landscape Management $981,890 --Landscape Management Requests(Supplemental) $41,722 Park Management $886,410 —Park Management Requests(Supplemental) $36,363 Neighborhood Library Services $1,175,985 SWM Recycling Collection $426,398 41 Livability (continued) Within the Price of Government: Community Recreation $839,510 Outdoor Education $566,656 SWM Central Business District Trash/Recycling Collection $207,567 SWM Collection Inspectors $190,239 Athletics and Aquatics $916,136 SWM Trash Collection $3,056,339 HUD General Administration&Internally Operated Housing Programs $25,750 Neighborhood Support(Office of Neighborhood Services) $116,575 SWM Physically Challenged Service $192,021 42 21 Livability (continued) Exceeds the Price of Government: Community Sustainability Programming $217,440 SWM Brush Collection/Leaf Collection $302,896 SWM Bulk Collection $913,482 SWM Operations(Call Center) $102,573 One Time Funding: Greenways and Trails $200,000 Not Recommended for Funding: Planning&Urban Design Services(supplemental) $73,288 Supplemental Urban Forestry Requests $38,568 Code Enforcement(supplemental) $19,350 Libraries—Books and Materials(supplemental) $60,000 43 Livability (continued) Not Recommended for Funding:(continued) Supplemental Landscape Maintenance Requests $12,000 Supplemental Park Management Requests $159,771 SWM Recycling Collection(overtime) $9,689 Supplemental Community Recreation Requests $52,659 Supplemental Outdoor Education Requests $37,000 SWM Central Business District Trash/Recycling Collection $51,754 (supplemental) Supplemental SWM Additional CBD Sealed Compactors $174,721 Supplemental Athletics and Aquatics Requests $20,493 44 22 Aquatics • Schedule: — Each pool operational for 8 weeks • Early Morning: Swim Teams • Mid-Late morning: Programs • Afternoon: Recreational swimming • Programs Offered: — Swim Camps: 23 — Swim Lessons: 24 — Lifeguard Competition: 1 — Water Volleyball: 1 45 Aquatics (continued) • Total Attendance: 13,226 - Swim Teams: 3 — Non Profit Groups: 13 Net Subsidy: $82,036 — Operating Expenditures: $112,284 or $8.43 per user — Revenues: $30,248 • Additional cost to operate each pool 6 days per week: $60,000 46 23 Economy Team • Frederick Gusler— Planning • Marc Nelson — Economic Development • Dale Barker— Fire/EMS • Jane Conlin — Human Services • Dwayne Hall — Real Estate Valuation • Mary Ratcliffe -- Finance • R. B. Lawhorn - Management & Budget 47 Economy Within the Price of Government: ■ Business and Workforce Development $1,085,681 Asset Promotion for Economic Development $66,956 Asset Development for the Economy $110,619 Brownfield Redevelopment Program $27,557 Percent(%)for the Arts(staff support) $18,555 Asset Development for Economy and Education—Roanoke Arts $31,411 Commission 48 24 Economy (continued) Exceeds the Price of Government: One Time Funding: Percent for Art $38,900 Not Recommended for Funding: • 49 Outside Agency Team • Sheila Umberger— Libraries • Bob Bengtson — Public Works • Tiffany Bradbury— Fire/EMS • Dan Callaghan — City Attorney • Rob Ledger— Economic Development • Jillian Papa — Planning, Building & Development • Donna Smith — Technology • Steve Elliott— Management & Budget 50 25 Outside Agencies Within the Price of Government: Blue Ridge Behavioral Healthcare $448,890 DRI-Special Event Coordination $135,000 Health Department $1,475,000 Mill Mountain Zoo Funding $33,120 Regional Center for Animal Care and Protection $736,000 —Operating funding(supplemental) $127,203 Roanoke Valley Greenway Commission $41,010 Virginia Western Community College-Scholarships&Capital Support $10,579 Western Virginia Education Classic $3,600 Roanoke Regional Chamber of Commerce Small Business Development Center $10,000 Roanoke Valley Convention&Visitors Bureau $1,455,375 Center in the Square $285,760 Roanoke Regional Partnership $204,186 51 Outside Agencies (continued) Within the Price of Government: Total Action for Progress $160,000 Market Building Support(resumption of operating support) $150,000 Roanoke Arts Commission $269,220 Human Services Committee $409,052 Taubman Museum of Art $70,000 Roanoke Community Garden Association,Inc. $10,000 Virginia Amateur Sports $60,000 Virginia Cooperative Extension $67,267 Miss Virginia Pageant $9,600 NCAA Championships for the City of Salem $2,880 Roanoke Valley Sister Cities $10,800 Roanoke Valley Horse Show $3,600 52 26 Outside Agencies (continued) Not Recommended for Funding: Blue Ridge Behavioral Healthcare(supplemental) $193,387 Roanoke Regional Chamber of Commerce Small Business Development $2,500 Center(supplemental) Center in the Square(supplemental) $7,230 Taubman Museum of Art(supplemental) $30,000 Roanoke Community Garden Association,Inc.(supplemental) $10,000 Virginia Cooperative Extension(supplemental) $12,679 Miss Virginia Pageant(supplemental) $2,400 Roanoke Outside Foundation(facility feasibility study) $40,000 Roanoke Valley Sister Cities(supplemental) $920 53 Outside Agencies (continued) One Time Funding: YMCA $100,000 Virginia Museum of Transportation $100,000 Jefferson Center $100,000 Arts Endowment $250,000 54 27 • Priority Summary Odin Price of Exceeds Price Government of Government Total Education $75.799,337 $78.946 $75078.283 Safety $64,751.542 SO 564.751.542 Human Services $35,036.234 50 535.036.234 Infrastructure $19.844346 530.412 519874,758 Good Government $16.612698 SO $10612.698 Livability $13.818,479 51.536,391 515.154.870 Economy $1.340.779 S0 $1340,779 Outside Agencies $6.188,142 SO $6.188.142 Reserved $23.840,301 S0 $23.840.301 Budget Committee Review 52.956,049 S0 52.956.049 Total $259,987,907 $1,645,749 $261.633,656 Revenue $260,013,000 Out of Balance ($1,620,656) 55 Potential Balancing Strategies Final Revenue Review Funding of Reserves growth $250,000 -current contribution of$875,000 Greater Roanoke Transit Company(GRTC)subsidy $50,000 -current subsidy of$1.8M Operating Capital(Fleet Replacement, $450,000 Capital Building Maintenance base) Street Paving growth $190,000 -current allocation of$3.5M Motor Fuel Affordable Care Act 56 28 Capital Project Planning • Maintain Current Capital Assets • Infrastructure Investment for Economic Development and Livability • Bridge Renovation/Replacement • Curb,Gutter and Sidewalk • Streetscape Projects • Storm Drains • Civic Center • School Maintenance • Targeted Livability Investments • Parks and Recreation Master Plan • Libraries Investments made within parameters of debt policy. 57 Debt Issuance Planning FY 2015-2019 Project 2015 2016 2017 2018 2019 Tots 58 29 FY 2015 Cash Funding for One-Time Expenses Funding Armed Excess Debt Seruce Funding 51759.550 Economic and Community Development Resene $200000 TOTAL FUNDING $1.989,553 Caplet ConIrlatstions Amount YMCA of Roanoke Vateyl3rd of 5lrstalments, $100000 V agora Museum of Transportation and of 5 ketalmertsl $100 000 Jefferson Center and of 5Installments, $100000 Ails Endowment $250000 TOTAL FUNDING $550000 Prefect Amount Greenmays and Trails S200.000 One Time FWinq 5550650 Percent for be Arts S38 900 Grant Match Contingency S100000 Capital Protect Conkrgency $250000 Capital Guiding Maintenance.Fleet Replacement.Tectnology Capital.Street Paving. Other Operating One-Time Expenses 5300 000 TOTAL $1,339,553 59 Civic Center Capital Plan • FY15 — Phase Ill - Plaza Waterproofing — Coliseum Seat Replacement — RPAT Lighting • FY16 — Restroom Renovations —Coliseum — Coliseum Sound Replacement — Coliseum Painting • FY17 — RPAT Restroom Renovations — Coliseum Box Office Renovations — RPAT Rigging System Replacement 60 30 Civic Center Capital Plan (continued) • FY18 — RPAT Dressing Room Renovations — RPAT Stage Replacement — RPAT Curtains Replacement • FY19 — Parking Lot Lighting Replacement — Parking Lot Resurfacing 61 RCPS Capital Proposed Work Program • FY 2015-FY 2019: $30.235M • Summer 2014 - $6.3M — Round Hill Expansion and Renovation -$4.7M — Virginia Heights HVAC Replacement -$1.5M — Westside Water Control - $75k • Summer 2015 - $8.9M — Round Hill Expansion and Renovation -$7.7M — RCPS-wide T12 to T8 bulbs and ballasts -$750k — Patrick Henry Stadium Turf Replacement-$461k • Summer 2016 — Round Hill Expansion and Renovation - $3.5M — Crystal Spring HVAC Replacement-$1.5M 62 31 RCPS Capital Proposed Work Program (continued) • Summer 2017 - $5M — Fallon Park Renovation and Expansion - $3M — Highland Park Plumbing Upgrades -$500k Preston Park Plumbing Upgrades -$500k — Ruffner Roof Replacement-$1M • Summer 2018 - $5M — Fairview Renovation -$3M — Fallon Park Renovation and Expansion $1.5M — Fishburn Park Plumbing -$500k 63 Next Steps • Budgeting for Outcomes: — Budget Committee deliberations to balance recommended budget • Capital Planning: — Final capital plan recommendation • Recommended Budget Presentation — April 21 , 2014 • Public Hearing — April 24, 2014 • Council Briefing/Budget Study — May 5, 2014 • Budget Adoption — May 12, 2014 64 32 '664 -rNcaAc 'S • City of Roanoke 2013 Citizen Survey l��A4 y4 3 Y' ROANOKE Conducted by: The Virginia Tech Center for Survey Research Methodology • Random Sampling Design • Survey Instrument Focus: New Items and Methodology • Dates of Administration: August 15-November 22, 2013 • Survey Pre-test • Survey Administration Via Telephone (Random Digit Dialing) • 606 Completed Telephone Interviews • Sampling Error: ±3.6 percent 1 Respondent Demographics Population 2005 2007 2011 2013 Respondents Respondents Respondents Respondents Gender 52.7%Female; 63.6%Female; 65.8%Female; 63.8%Female 59.2%Female 47.3%Male 34.2% 36.2%Male 40.8/°Male 36.4%Male 34._/o Male 36.2% ° Age 50.7%<40 yrs. 23.8%<40 yrs. 22.4%<40 yrs. 13.0%<40 yrs. 23.8%<40 yrs. 49.3%40+yrs. 76.2%40+yrs. 77.6%40+yes. 84.0%40+yrs. 76.2%40+yrs. Race 28.9%Black 21.1%Black 24.0%Black 18.5%Black 22.1%Black 66.5%White 75.9%White 69.5%White 74.8%White 68.3%White 1.9%Other 3.0%Other 6.5°,%Other 4.2%Other 7.1%Other Income 67.0%<$50,000 68.7%<$50,000 67.0%<$50,000 50.7%<$50,000 52.2%<$50,000 33.0%$50,000+ 31.3%$50,000+ 33.0%$50,000+ 49.3%$50,00+ 31.9%$50,00+ 2013 Roanoke Citizens Survey Respondent Incomes •Less Than$15,000 •Between$15,000 and Less Than$25,000 100 0 Between$25,000 and Less Than$35,000 90 O Between$35,000 and Less Than$50,000 80 •Between$50,000 and Less Than$75,000 70 •Between$75,000 and$100,000 60 ■Over$100,000 50 40 30 20 12.0 12.5 13.0 14.? 15.2 10 0 Percentage 2 Citizen Ratings of Quality of Life in the City of Roanoke 100 90 •2000 •2002 02003 112005 79.4 79'3 77.2 77.1 80 75.1 75'8 72.9 70 60 02007 02011 2013 50 40 30 24.9 1 19.7 20.021.8 22.0 z3. 20 1 10 • 0.8 0.8 1.0 0.0 Imo 0.7 0.a 0 Excellent/Good Fair/Poor Don't know/Refuse Citizen Agreement on Roanoke Strategic Issue/Question Survey Items 2000-2013 Survey Item 2000 2001 2002 2003 2005 2007 2011 2013 Roanoke's neighborhoods are good places 83 NA 87.4 NA 85.3 76.9 85.3 85.5 to live. City does good job offering multicultural 85.5 NA 79.0 NA 79.6 74.6 86.3 84.3 events and attractions. City government's greenway development effort is a valuable asset to the City and its NA NA NA NA 75.2 67.6 82.7 83.0 residents. Roanoke's transportation system allows for a good mix of transportation options 65.0 NA 74.1 NA 77.6 71.8 79.3 79.3 like auto,public transit,pedestrian,and bicycle traffic. There is a good mix of housing types and 75.4 NA 77.0 NA 74.9 70.4 75.7 75.6 • affordability in Roanoke. City government does a good job of informing/educating citizens about City 74.3 NA 66.3 NA 65,9 55.0 71.7 70.0 services. Response Category Difference 3 Citizen Agreement on Roanoke Strategic Issue/Question Survey Items 2000-2013 (continued) Survey Item 2000 2001 2002 2003 2005 2007 2011 2013 The services provided by the City of Roanoke are worth the taxes paid by its citizens. 65.8 75.1 70.3 69.7 67.1 57.4 63.8 66.7 City government does a good job of providing health and human services to citizens who need them. 71.0 NA 72.5 NA 70.9 60.5 60.5 66.7 City government performance is improving In Roanoke. 72.9 75.9 63.1 61.5 61.2 53.1 57.2 65.3 City government officials actively involve citizens In the business of government. 63.9 NA 65.5 NA 60.2 48.7 63.2 62.0 City government does a good job of focusing on the unique needs of youths. 56.3 NA 56.3 NA 49.7 39.9 50.2 53.8 Downtown off-street parking(both garages and lots)is readily available. NA NA NA NA NA NA 58.8 533 (City of Roanoke's support of)Educational resources and opportunities available to you and your family in Roanoke* 64.9 NA 64.3 NA 67.1 59.9 53.7 53.6 *Response('ategor■Difference Level of Citizen Satisfaction With Overall Quality of City Services: 2000-2013 Very'or'Somewhat' Satisfied 100.0 95.0 90.0 91.O 88.5 85.0 87.0 84.9 85.8 85.6 83.8 80.0 81.1 75.0 2000 2001 2002 2003 2005 2007 2011 2013 -+-Very'or'Somewhat'Satisfied 4 2013 City Service Ratings Compared with Importance of Service Ratings City Service Quality Importance y Rating Rating The 911 emergency call center 93.7 95.3 Emergency medical services and rescue 93.2 92.8 Fire protection services 91.5 87.0 Public library services and programs 90.3 78.0 Weekly trash collection 87.7 87.4 Police services 83.6 94.0 The condition of the City's parks.trails.and recreation facilities 80.2 61.9 Recycling 77.2 75.4 The quality of events offered by the Civic Center 76.8 55.3 The quality of Roanoke's athletic fields 76.4 52.3 Bi-weekly pick-up of large trash items and brush 75.9 75.6 Mowing and maintenance of City parks 74.5 61.2 The quality of the City's recreation programs 74.4 58.6 Animal control 72.5 69.0 2013 City Service Ratings Compared with Importance of Service Ratings (continued) City Si Quality' Importance ty ervce Rating Rating Animal control 63.1 98.5 The maintenance of trees along City streets and within parks 62.7 97.6 Mowing of rights of way.street medians,and roadsides 57.6 96.0 The quality of the City's recreation programs 57.1 96.6 The quality of Roanoke's athletic fields 54.0 95.1 Citizens getting information about City services and activities 53.9 97.7 The quality of the City's sidewalks 53.2 97.2 The current level of bagged leaf collection service 53.0 95.0 Valley Metro bus transportation services 52.5 97.7 Transportation planning for traffic 51.1 99.4 Code enforcement services 48.6 96.0 The City's efforts to promote environmental awareness to citizens 48.0 96.8 Street paving.maintenance and repair 46.8 99.0 City government support of neighborhood organizations 44.6 96.6 Ffforts of the City to improve the quality of housing in the City 44.5 96.7 5 Citizen Ratings of City Services as `Excellent' or `Good': 2000 - 2013 City Service 2000 2001 2002 2003 2005 2007 2011 2013 The 911 emergency call center 93.0 87.9 95.6 94.1 91.5 92.5 94.4 93.7 Fire protection services 95.4 93.3 94.8 95.1 92.2 91.6 94.2 91.5 Emergency medical services and rescue 93.6 91.9 95.1 93 91.7 91.4 93.9 93.2 Public library services and programs 84.9 91.7 95.3 92.6 90.7 92.2 91.5 90.3 Weekly trash collection 87.7 76.4 90 84.6 85.9 87.5 85.4 87.7 Police service 79.9 75.7 84.1 79.1 80.4 79.1 85 83.6 Recycling services 72.3 75.3 85.8 74.2 77.7 74.7 78.1 77.2 The condition of the City's parks,trails,and recreation facilities NA NA NA NA NA NA 78.1 80.2 The quality of Roanoke's athletic fields NA NA NA NA 57.8 58.6 75.9 76.4 Quality of events offered by the Civic Center NA NA NA NA NA 50.6 74.4 76.8 Animal control 72.1 66.4 83.8 67.9 65.3 67.5 73.3 72.5 Street lighting 72.9 66.5 75.3 69.1 68.7 68.9 72.4 67.6 13i-weekly pick-up of large items and brush 63.4 68.2 84.5 75.6 76.5 76.5 72.3 75.9 Mowing and maintenance of City parks NA NA 93.6 81.9,79.3 80.8 72.2 74.5 Citizen Ratings of City Services as `Excellent' or 'Good': 2000 - 2013 (continued) City Service 2000 2001 2002 2003 2005 2007 2011 2013 Valley Metro bus transportation smites 72.6 77.0 86.8 80.4 79.7 75.3 72.1 71.9 The quality of the City's recreation programs NA NA NA NA NA NA 71.6 74.4 The City's marketing of its parks and recreation programs and services NA NA NA NA NA 68.2 70.1 71.6 Code enforcement services NA NA NA 54.3 43.8 46.3 65.3 69.9 City government support for neighborhood organizations 63.9 62.9 80.1 64.3 59.9 55.9 63.9 58.2 The maintenance of trees along City streets and within parks NA NA NA NA 67.2 70.6 63.7 66.3 Removal of snow and ice Eons City streets 68.5 63.1 78.4 65.3 66.9 65.8 63.2 71.3 Citizens getting information about City services/activities 67.7 65.1 77.5 64.1 56.7 59.3 61.4 57.0 Mowing right of ways.street medians.and roadsides NA NA 84.9 72.5 66.7 68.5 60.2 60.7 Quality of the City's sidewalks NA NA NA NA 49.3 43.1 58.7 56.0 City's efforts to promote environmental awareness to citizens NA NA NA 50.2 50.8 45.3 57.6 55.2 Transportation planning for traffic 57.4 56.2 67.9 53.6 48.6 47.2 57.4 58.3 Efforts of the City to improve quality of housing in City NA NA NA 52.4 50.0 50.0 55.9 53.3 Current level of bagged leaf collection service NA NA NA 74.9 71.6 73.7 54.1 65.8 Street paving.maintenance and repair 52.2 51.2 63.8 48.2 40.4 42.7 48.2 47.3 6 Feelings of Safety in Roanoke: 2003-2013 91.0 Neighborhood 90.1 90.7 91.2 2013 2.3 •2007•2011 8 76.8 2005 1 1 0,A nino n 81.9 •2003 81.8 81.5 0 10 20 30 40 50 60 70 80 90 10)) Percentage Reporting'Very'or'Semite Safe City Government Customer Service Ratings: 2000-2013 Percentages Combine Response of'Strongly Agree'and`Somewhat Agree' Survey Item 2000 2001 2002 2003 2005 2007 2011 2013 City government employees are generally friendly,courteous,and helpful 86.8 87.9 85.4 86.2 88.9 82.1 85.5 87.1 City government employees provide prompt service 74.4 77.2 77.4 73.3 78.0 67.9 73.3 76.7 It is easy to contact the appropriate City government office when you need a particular service or have a question 72.3 70.9 70.1 68.2 66.7 61.5 70.3 70.3 City parking facility staff are generally polite and responsive NA NA 79.6 73.3 75.4 67.0 65.7 73.9 7 Questions and Comments 8 ov 4 e mop CITY OF ROANOKE (1 F OFFICE OF THE MAYOR 215 CHURCH AVENUE,S.W.,SUITE 452 ROANOKE,VIRGINIA 24011-1594 rk`- : TELEPHONE: (540)853-2444 FAX (540)853-1145 DAVID A.BOWERS Mayor April 7, 2014 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, 4DjyMAMMV David A. Bowers Mayor DAB:ctw COMMITTEE VACANCIES/REAPPOINTMENTS April 7, 2014 VACANCIES: Unexpired term on the Fair Housing Board ending March 31, 2016. Unexpired term on the Roanoke Neighborhood Advocates ending June 30, 2015. Three terms of office on the Parks and Recreation Advisory Board ending March 31, 2017. CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W. Noel C.Taylor Municipal Building,Suite 456 V". Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 DAVID A.BOWERS Fax: (540)853-1145 Council Members Mayor William D. Bestpitch Raphael E.'Ray"Ferris Sherman R Lea Anita J.Price Court G.Rosen David B.Trinkle April 7, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request that Council convene in a closed meeting to discuss a personnel matter, being the resignation of the Director of Finance and the process to fill the position, pursuant to Section 2.2-3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, AncohqrtagetiA) Anita J. Price, Chair City Council Personnel Committee AJP:ctw ,AI CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, being Tax Map Nos. 1010306 and 1010307 located at 119 and 117 Norfolk Avenue, S.W. where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-3711 .A.3, Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers 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 REYNOLDS,MMC E-mail: clerkQroanakeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 11, 2014 Reverend E. T. Burton 1640 Flora Lane, N. W. Roanoke, Virginia 24017 Dear Reverend Burton: 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, April 7, 2014. Sincerel , Jonathan E. Cra , CMC Deputy City Clerk JEC:aa t°�� rt:'e ()f t� 1 ' MMtyor CITY OF } : ROANOK - reclamation WHEREAS, the Congress of the United States passed the Civil Rights Act of 1968, and Title VIII declared that the law of the land would now guarantee the rights of equal housing opportunity; WHEREAS, the City of Roanoke, in conjunction with the Fair Housing Board, has provided a fair housing program for its residents, and today, the local community supports fair housing laws; WHEREAS, the Fair Housing Act prohibits discrimination in the sale, rental and financing of dwellings, and other housing-related transactions, based on race, color, national origin, religion, sex, familial status and handicap; WHEREAS, to the prohibitions of the National Fair Housing Act the State of Virginia includes elderliness, and the City of Roanoke includes age and marital status;and WHEREAS, equal housing opportunity is a condition of life in the City of Roanoke that can and should be achieved, and all citizens are encouraged to abide by the letter and spirit of the Fair Housing Law. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim the month of April, 2014, throughout this great All- America City, as FAIR HOUSING MONTH. Given under our hands and the Seal of the City of Roanoke this seventh day of April in the year two thousand and fourteen. ATTEST: iV( 7 iD+Jt 1 Stephanie M oon � '=`• ,--= David A.Bowers City Clerk Mayor \mss,/ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: Tax Exemption Request - Unified Human Services Transportation Systems, Inc. (RADAR) Background: Pursuant to the requirements of the Virginia Code, if City Council wishes to consider the application of the Unified Human Services Transportation Systems, Inc. (RADAR) for tax exempt status, Council must first conduct a public hearing. Unified Human Services Transportation Systems, Inc. (RADAR) is a Virginia non- stock, not-for-profit corporation that has applied for tax exemption of real property it recently acquired in the City located at 2930 Baker Avenue, NW (tax map #2510306). Considerations: RADAR was created in 1974 by twenty-four social service agencies to serve as a non-profit transportation organization. The primary purpose of RADAR is to provide an efficient and cost effective transportation system to the elderly, disabled, indigent, and other persons who may require the provision of specialized transportation. 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, April 21 , 2014, 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 April 21 , 2014 agenda material for your consideration. 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 a24 4r 4, CITY OF ROANOKE OFFICE OF THE CITY CLERK 1 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 , Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk®roanokeva.gov JONATIIAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Tim H. Steller 4876 Hickory Ridge Court Roanoke, Virginia 24018 Dear Mr. Steller: A communication from the City Clerk advising of your resignation as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, April 7, 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 City employee representative of the Court Community Corrections Program Regional Community Criminal Justice Board from August 6, 2012 to April 7, 2014. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, k4).04:Aa.,,,Th. rY. IN.•:?`q t i f a)Q Stephanie M. Moon Reynolds, MC City Clerk SMM:ctw Enclosure pc: Beth Lipes, Interim Director of Court and Community Services, 1717 Peters Creek Road, N.W., Roanoke, Virginia 24017-2139 CERTIFICATE OF APPRECIATION PRESENTED TO TIM H. STELLER AS A CITY REPRESENTATIVE OF THE COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL _ ! COMMUNITY CRIMINAL JUSTICE BOARD FROM AUGUST 6, 2012 TO APRIL 7, 2014 ON THIS 8TH DAY OF APRIL , 2014 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: ``4 •... �, mrrof+O AVID A.BOWERS S HANLEM.M�O%DS MAYOR CITY CLERK -et 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 REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATIIAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 7, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Tim H. Steller has tendered his resignation as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board, effective immediately. Sincerely, Stephanie M. Moon Reynolds, bit City Clerk March 27, 2014 Roanoke City Clerk 215 Church Avenue, S.W. Noel C. Taylor Municipal Building Suite 456 Roanoke, Virginia 24011-1536 Dear Ms. Moon: This letter is to offer an official resignation from my appointment to the Roanoke Court Community Corrections Justice Policy Board due to my retirement as Executive Director of Blue Ridge Behavioral Healthcare. Thank you for the opportunity to serve. $mncerely • Tim H. Steller p td r: 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 REYNOLDS,MMC E-mail: clerka7roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Kathy B. Smith, Program Manager Blue Ridge Soil and Water Conservation District 1927 State Street Rocky Mount, Virginia 24151 Dear Ms. Smith: Your communication requesting that Council ratify the nomination of Sarah Baumgardner to replace John Bradshaw, Jr., as the City representative of the Blue Ridge Soil and Water Conservation District, Board of Directors was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, April 7, 2014. On motion, duly seconded and adopted, Council concurred in the appointment of Ms. Baumgardner as above referenced. The Members of Roanoke City Council extend their appreciation to Ms. Baumgardner for her willingness to serve as a the City representative of the Blue Ridge Soil and Water Conservation District, Board of Directors. Sincerely, A41"-Stephanie M. Moon Reynolds, C City Clerk Enclosure pc: Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance Daniel J. Callaghan, City Attorney Blue Ridge Soil & Water Conservation District p 1297 State Street Rocky Mount, Virginia 24151 V I R G I N I A S O I L 6 t W A T E R C O M S E I V 1 TI 0 N February 25, 2014 Mr. Christopher P. Morrill Roanoke City Manager 215 Church Avenue, S.W. Noel C.Taylor Municipal Building Roanoke,VA 24011 Dear Mr. Morrill: On February 24, 2014, the Blue Ridge Soil&Water Conservation District's Board of Directors accepted the resignation of Mr.John P. Bradshaw,Jr.,representing the City of Roanoke as of March 31, 2014. This is to notify the Roanoke City Council that the Blue Ridge Soil &Water Conservation District Board has nominated Mrs. Sarah Baumgardner (residing in City of Roanoke) to serve out the remainder of Mr.John P. Bradshaw's term from present until January 1, 2016. In the recent past, Mrs. Baumgardner has participated in special projects on behalf of the Blue Ridge SWCD such as 2012 Annual Farm Tour host at Carvin's Cove, served as a judge for the 2010 Area V Envirothon in addition to other educational activities. We believe Mrs. Baumgardner will serve the district and the City of Roanoke well as a suitable replacement for the District Director vacancy representing the City of Roanoke. Sincerely, • /' Kathy B.Smith Program Manager/Education Coordinator Cc: Cecelia T.Webb, CMC,Asst. Deputy City Clerk Daphne W.Jamison, Blue Ridge SWCD Chairperson Patricia R. Hodges, Blue Ridge SWCD Secretary/Treasurer A partnership to consent natural resources Rcc■ded 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 S'T'EPHANIE M.MOON REYNOLDS,MMC E-mail: Berk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Deborah J. Moses, Secretary Hotel Roanoke Conference Center Commission 110 Shenandoah Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Moses: This is to advise you that Christopher P. Morrill has qualified as the City employee representative of the Hotel Roanoke Conference Center Commission for a three-year term of office ending April 12, 2017. Sincerely, AltroLajlent l 4 Stephanie M. Moon Reynol•s, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christopher P. Morrill, 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 impartiall ischarge and perform all the duties incumbent upon me �i 4-61 as the City of the Hotel Roanoke and Conference Center Commission for a three- year term of office ending April 12, 2017, according to the best of my ability. So help me God. ristopher P. Morrill The foregoing oath of office was taken, sworn to, and subscribed before me by Christopher P. Morrill this o?N `day of 7074 l(,ln 2014. Brenda S. Hamilton, Clerk of the Circuit Court ,/On 11„t ti , Clerk r„, 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 REYNOLDS,MMC E-mail: clerk @,roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Lauren Hartman has qualified as a member of the Parks and Recreation Advisory Board to replace Thomas Pettigrew for a term of office ending March 31, 2017. Sincerely, Iti-Liadj In.Stephanie M. Moon Reyriglds, M City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lauren Hartman, 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 Parks and Recreation Advisory Board to replace Thomas Pettigrew for a term of office ending March 31, 2017, according to the best of my ability. So help me God. a)L . 1! _Aka 1 Lauren Hartman The foregoing oath of// office was taken, sworn to, and subscribed before me by Lauren Hartman this /� ay of X1%3 A 2014. ( Brenda S. Hamilton, Clerk of the Circuit Court By / eseft. , Clerk • ri!;4 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerkaelroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Cathy Bowman, Secretary Roanoke Regional Airport Commission 5202 Aviation Drive Roanoke, Virginia 24012 Dear Ms. Bowman: This is to advise you that John E. Dooley has qualified as a City representative of the Roanoke Regional Airport Commission for a four-year term of office ending March 9, 2018. Sincerely, ittita..0. 111 a Stephanie M. Moon`Reynol , MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John E. Dooley, 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 Roanoke Regional Airport Commission for a four-year term of office ending March 9, 2018, according to the best of my ability. So help me God. 7 Z 'ohn E. Dooley The foregoing oath of office w.. .ken, sworn to, < •. subscribed before me by John E. Dooley, thiseday of Z// 014. Brenda S. Hamilton, Clerk of the Circuit Court By �ajao-ti / ► ri/ � � , Clerk ;1'4%4 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 REYNOLDS,MMC E-mail: clerk@roanokeya.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Sheila Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: This is to advise you that Shawna A. Battle has qualified as a member of the Roanoke Public Library Board to fill the unexpired term of Taren McCoy ending June 30, 2014. Sincerely, 1An� Stephanie M. Moon Reynolds, MC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Shawna A. Battle, 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 Roanoke Public Library Board to fill the unexpired term of Taren McCoy ending June 30, 2014, according to the best of my ability. So help me God. Shawna A. Battle The foregoing oath of office was taken, sworn to, and subscribed before me by Shawna A. Battle this /9L day of flpr% / 2014. Brenda S. Hamilton, Clerk of the Circuit Court � � Lfr.A.A/ , Clerk j.r.- 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 REYNOLDS,MMC E-mail: clerk @,rannokevn.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Jacqueline L. Shuck, Executive Director Roanoke Regional Airport 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Shuck: I am enclosing copy of Resolution No. 39892-040714 approving the Roanoke Regional Airport Commission's 2014-2015 proposed operating and capital budget, upon certain terms and conditions. The abovereferenced measure was adopted, by the Council of the City of Roanoke at a regular meeting held on Monday, April 7, 2014. Sincerely, )t1, W'OIL '4) Stephanie M. Moon keynoled MMC City Clerk Enclosure pc: Clay Goodman, Clerk, Roanoke County Board of Supervisors, P. 0. Box 29800, Roanoke, Virginia 24018 Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance Daniel J. Callaghan, City Attorney Amelia Merchant, Director, Management and Budget 1. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39892-040714. A RESOLUTION approving the Roanoke Regional Airport Commission's 2014-2015 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the City of Roanoke hereby approves the Roanoke Regional Airport Commission's 2014-2015 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Roanoke Regional Airport Commission to this Council dated March 28, 2014. ATTEST: City Clerk. K;\Measures\Airport Commission Annual Budget 2014.doc ROANOKE REGIONAL AIRPORT COMMISSION 5202 Aviation Drive Roanoke,VA 24012-1148 (540)362-1999 FAX(540)563-4838 www.ro a n o ke a i rp o rt.c o m March 28, 2014 Honorable Mayor and Members Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Roanoke Regional Airport Commission Fiscal Year 2014- 2015 Budget and Proposed Capital Expenditures Dear Mayor Bowers and Members of Council: In accordance with the requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is hereby submitting its Fiscal Year 2014-2015 Operating Budget (Attachment I) for approval. This Budget was adopted by the Commission at its meeting on March 28, 2014. We are also providing a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment II). You will note that no deficit is anticipated in either the Operating Budget or for the listed Capital Expenditures; therefore, no additional appropriations are being requested or anticipated from the City or the County of Roanoke. Formal approval of the Operating Budget and the Capital Expenditure List by resolution of each of the participating political subdivisions would be appreciated. I would be pleased to respond to any questions or comments that you may have with regard to this matter. On behalf of the Commission, thank you very much for your assistance and cooperation. Very truly yours, ? Jacqueline L. Shuck Executive Director Enclosures cc: Chair and Members, Roanoke Regional Airport Commission Mark Allan Williams, General Counsel Roanoke City Attorney Stephanie Moon, Clerk, Roanoke City Council Attachment I ROANOKE REGIONAL AIRPORT COMMISSION PROPOSED BUDGET FISCAL YEAR 2014-2015 2013-2014 2014-2015 Budget Budget Percentage EXPENSE BUDGET Expenditures Expenditures Change 1 Operations and Maintenance Expenses A. Salaries,Wages and Benefits $4,475,515 $4,737,496 5.9% B. Operating Expenditures 3,281,773 3,502,302 6.7% C. Other Maintenance& Improvement Projects 81,246 49,500 -39.1% Total Operations and Maintenance 7,838,534 8,289,298 5.8% 2 Non-Operating Expenses A. Interest 31,173 26,779 -14.1% B. Debt Service 96,965 101,359 4.5% Total Non-Operating 128,138 128,138 0.0% 3 Capital Expenses A. Capital Purchases 139,396 110,000 -21.1% B. Capital Improvement Fund (Surplus) 44,820 146,259 226.3% Total Capital Expenses 184,216 256,259 39.1% Total Budgeted Expenditures 8,150,888 $ 8,673,695 6.4% 2013-2014 2014-2015 Budget Budget REVENUE PROJECTIONS Revenues Revenues Change 1 Operating Revenues A. Airfield $1,251,743 $1,238,510 -1.1% B. General Aviation 481,462 502,092 4.3% C. Terminal Related 5,196,843 5,709,233 9.9% D. Other Revenues 331,029 352,371 6.4% Total Projected Operating Revenues 7,261,077 7,802,206 7.5% 2 Non-Operating Revenues A. Interest on Investments 346,732 246,700 -28.8% B. Gain(Loss)on Sale of Assets 5,000 5,000 0.0% C. State Funds 324,919 409,589 26.1% D. Federal Reimbursable Funds 113,160 110,200 -2.6% E. Appropriated from Capital Improvement Fund 100,000 100,000 0.0% Total Projected Non-Operating Revenues 889,811 871,489 -2.1% Total Projected Revenue $ 8,150,888 $ 8,673,695 6.4% ATTACHMENT II Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and intended to benefit five or more accounting periods) Projects: A. Rehabilitation of 3 Elevators: 1. Description: All of the elevators in the terminal building have reached an age where they require significant rehabilitation. The elevator in the public lobby area was rehabilitated as part of the Terminal Improvements — Phase I. The two elevators located on the concourse and the freight elevator located on the west end of the building are now in need of rehabilitation to extend their useful life and to incorporate additional ADA improvements. 2. Funding: The estimated cost is $400,000. 3. Anticipated Funding Sources: State Aviation Grant Funds: $ 320,000 Commission Funds: $ 80,000 B. Rehabilitate/Replace Four Loading Bridges and Add a Fifth: 1. Description: The four terminal loading bridges were put into service when the terminal opened in 1989 and were rehabilitated in 2009. The loading bridges have reached a point where they are in need of major rehabilitation or replacement. They will first be evaluated to determine if they can be rehabilitated again and whether it makes financial sense to do so. If the fifth bridge is purchased, it will be added to Gate #3. 2. Funding: The estimated cost is $2,800,000. 3. Anticipated Funding_Sources: State Aviation Grant Funds: $ 2,240,000 Commission Funds: $ 560,000 C. Purchase of Snow Removal Equipment: 1. Description: A sweeper/broom used for snow removal, with a twenty 1 foot front mounted broom, purchased in 1993 has reached the end of its useful life and needs to be replaced. 2. Funding: The estimated cost is $483,000. 3. Anticipated Funding Sources: State Aviation Grant Funds: $ 386,400 Commission Funds: $ 96,600 D. Purchase of an ARFF Vehicle: 1. Description: An Aircraft Rescue and Fire Fighting (ARFF) vehicle purchased in 1993 has reached the end of its useful life and needs to be replaced. 2. Funding: The estimated cost is $ 935,000. 3. Anticipate Funding Sources: Federal AIP Grant Funds $ 630,000 State Aviation Grant Funds: $ 258,000 Commission Funds: $ 47,000 II. Anticipated Funding Sources: Federal AIP Grant Funds $ 630,000 State Aviation Grant Funds $3,204,400 Commission Capital Funds $ 783,600 City and County Funds 0 Estimated Total Projects Funding $4,618,000 2 RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 28th day of March 2014 No. 05-032814 A RESOLUTION approving and adopting the Commission's Operating and Capital Purchase Budget for fiscal year 2014-2015. BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year 2014-2015 Operating and Capital Purchase Budget for the Commission as set forth in the report and accompanying attachment by the Executive Director dated March 28, 2014, is hereby approved; BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of the Commission to submit the fiscal year 2014-2015 Operating and Capital Purchase Budget, as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the Roanoke County Board of Supervisors for approval pursuant to the contract between the Commission, Roanoke City and Roanoke County dated January 28, 1987, as amended. ATTEST: i 2�� 494-u-1-n an--) Secr- - VOTE: AYES: Dooley, Minnix, Porterfield,Gust NAYS: None ABSENT: Lawrence "'" f: CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: Annual Budget - Roanoke Regional Airport I would like to sponsor a request from Jacqueline L. Shuck, Executive Director of the Roanoke Regional Airport, to present its Fiscal Year 2014-2015 proposed Operating Budget and Capital Expenditures. - topher P. Morrill City Manager Distribution: Council Appointed Officers -10-, • 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 REYNOLDS,MMC E-mail: cicrk(n?roanokeva.gov JONATIIAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Daniel D. Miles, P. E. Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Miles: I am enclosing copy of Resolution No. 39893-040714 approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2014-2015, in the amount of $8,502,303. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 7, 2014. Sincerely, ttitcd , Stephanie M. Moon Reynolds, MC City Clerk Enclosure pc: Clay Goodman, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Susan Johnson, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget IN TI 1E COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39893-040714. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2014-2015, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2014-2015, in the amount of$8,502,303 is hereby approved, all as more particularly set forth in a letter, and attachments thereto, to the City Manager dated March 26, 2014, from Daniel D. Miles, P.E., Chief Executive Officer of the Roanoke Valley Resource Authority, copies of which have been provided to Council. DeATTEST�:, ker-LQ City Clerk. Resource Authority Budget 2014 2015 doe ROANOKE VALLEY RESOURCE AUTHORITY March 26, 2014 Ms. Stephanie M. Moon, MMC City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenue, SW Roanoke, VA 24011-1536 Dear Ms. oon: In accordance with the Members Use Agreement, the Resource Authority is submitting its FY 2014-2015 annual budget to the City Council for approval. Enclosed are eight copies of the budget for each member of the City Council. Please let me know when this item will be scheduled on the City Council's agenda and I will plan on attending to answer any questions or comments from the Council. If you have any questions, need additional copies of the budget, or need to reschedule the Authority's placement on the Council's agenda, please let me know. Thank you for your assistance. Sincerely Daniel D. Miles, P.E. Chief Executive Officer DDM:plb Enclosures c: Christopher P. Morrill, City Manager(w/enc.) 1020 Hollins Road,NE Roanoke,Virginia 24012-8011 (540) 857-5050 Fax (540)857-5056 Web Site: www.rvra.net mar ' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: Annual Budget - Roanoke Valley Resource Authority I would like to sponsor a request from Daniel D. Miles, Chief Executive Officer of the Roanoke Valley Resource Authority, to present its Fiscal Year 2014-2015 proposed annual budget. - / j `"' C ristopher P. Morrill City Manager Distribution: Council Appointed Officers tac IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39894-040714. A RESOLUTION accepting the donation of the electric vehicle charging station from Virginia Clean Cities, Inc.; and authorizing the City Manager to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, administer, and use the donation of the charging station. WHEREAS, Virginia Clean Cities, Inc., a non-profit organization dedicated to promoting and facilitating increased use of alternative fuels and vehicles, is donating an electric vehicle (EV) charging station to the City; and WHEREAS, it is the recommendation of the City Manager that City Council accept the donation of the electric vehicle charging station for use by the public in the City in accordance with the provisions of Section 2-263, Code of the City of Roanoke (1979), as amended, which provides that gifts valued in excess of$5,000 be accepted by resolution of City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation of the electric vehicle charging station from Virginia Clean Cities, Inc., in accordance with the recommendation contained in the City Council Agenda Report dated April 7, 2014. 2. The City Manager is hereby authorized to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, K:\City Council Measures\R-EV Charger Donation 4.7_I4.doc 1 administer, and use the donation of the charging station, with any such documents being approved as to form by the City Attorney. ATTES nnsilsdiral ity C > . K:\City Council Measures\R-EV Charger Donation 4.7.14.doc 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: Donation of an Electric Vehicle (EV) Charging Station from Virginia Clean Cities, Inc. Background: Virginia Clean Cities, Inc., a non-profit organization dedicated to promoting and facilitating increased use of alternative fuels and vehicles, is donating an electric vehicle (EV) charging station to the City. This "quick charger" station will have the ability to charge an EV battery to 80 percent capacity in 30 minutes, thus making it very desirable in an urban setting. The charger will be placed curbside adjacent to Wells Fargo Plaza between Norfolk and Salem Avenues, thus providing high visibility to potential users and the public. This station will fulfill the need of having quick charge capability downtown, which is currently not available in the core downtown area. Considerations: This EV charging station is valued at $38,000. City Council approval is required to accept the charging station. City staff will install the charging station upon delivery. Recommended Action: Accept the donation of the electric vehicle charging station from Virginia Clean Cities, Inc. Authorize the City Manager to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, administer, and use the donation of the charging station with any such documents being approved as to form by the City Attorney. /� Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Kenneth Cronin, Director of General Services/Sustainability Sharon Lewis, Purchasing Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39895-040714. A RESOLUTION accepting the Project Lifesaver Grant to the City from the Community Foundation of Western Virginia, Inc., d/b/a Foundation for Roanoke Valley, 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 of Roanoke does hereby accept the Project Lifesaver Grant offered by the Community Foundation of Western Virginia, Inc., d/b/a Foundation for Roanoke Valley, in the amount of $13,320, to be used to save lives and reduce potential injury for adults and children who wander due to Alzheimer's, autism, and other related conditions or disorders, as follows: a. $6,000 to be used to purchase sixteen (16) tracing devises for ten (10) older adults currently on the equipment waiting list, six (6) new clients, as well as purchase replacement batteries and bands for ten (10) older adults; and b. $7,320 to be used to purchase twenty (20) tracking devises for fifteen (15) children and adults that are currently on the waiting list, plus five (5) new clients. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated April 7, 2014. R-Project Lifesaver Grant.4-7-2014 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: Cit erk. R-Project Lifesaver Grant.4-7-2014 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39896-040714. AN ORDINANCE appropriating funding from the Foundation for Roanoke Valley for Project Lifesaver for the purpose of purchasing tracking devices and related supplies, 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 Program Activities — General 35-640-3672-2066 $ 7,320 Program Activities — Senior Citizens 35-640-3672-2120 6,000 Revenues Project Lifesaver Grant FY14 35-640-3672-3672 13,320 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 4k4ki.,,,a3Y)•)selly■ 1/44■Iik City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: Foundation for Roanoke Valley: Project Lifesaver Grant Background: The Foundation for Roanoke Valley has awarded the Roanoke Police Department a grant of $13,320 to support Project Lifesaver. The Foundation for Roanoke Valley is a long established 501 (c)(3) entity that awards grants to local organizations with the goal of meeting current and future community needs. The primary mission of Project Lifesaver is to provide timely response to save lives and reduce potential injury for adults and children who wander due to Alzheimer's, autism, and other related conditions or disorders. The Roanoke Police Department is being granted $6,000 to purchase 16 tracking devices for 10 older adults currently on the equipment waiting list, 6 new clients, as well as purchase replacement batteries and bands for 10 older adults. The Roanoke Police Department is also being granted an additional $7,320 to purchase 20 tracking devices for 15 children and adults that are currently on the waiting list plus 5 new clients. No local match is required. Recommended Action: Accept the Foundation for Roanoke Valley grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. • Adopt the accompanying budget ordinance to establish a revenue estimate and appropriate funding in the amount of $13,320 into accounts to be established by the Director of Finance in the Grant Fund. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget 0 A5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39897-040714. A RESOLUTION authorizing acceptance of the FY2014 "Four-For-Life" grant award for Emergency Medical Services (EMS) made to the City of Roanoke by the Commonwealth of Virginia,Department of Health,and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia, Department of Health, the FY2014 "Four-For-Life" grant award for Emergency Medical Services (EMS) in the amount of$79,851.20, with no local match, to be used for training, supplies or other appropriate items used for EMS, as more particularly described in the City Council Agenda Report dated April 7, 2014. 2. The City Manager is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant award in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia,Department of Health,in connection with the acceptance of the foregoing grant award. ATTEST: ikt\k,Oirai0A•iNti■krellk City Clerk. R-FY2014 Four Four Life payment for EMS.4-7-2014 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39898-040714. AN ORDINANCE appropriating funding from the Virginia Department of Health for the purpose of purchasing emergency medical service (EMS) training and supplies, 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 Expendable Equipment 35-520-3543-2035 $ 26,617 Training and Development 35-520-3543-2044 26,617 Other Equipment 35-520-3543-9015 26,617 Revenues Four-For-Life Grant FY14 35-520-3543-3543 79,851 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'y ,. ` Q p- 1 Cit Jerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: "Four-For-Life" Grant Award Background: Roanoke Fire-EMS has received notification that the City of Roanoke will be receiving the Fiscal Year 2014 "Four-For-Life" grant award for Emergency Medical Services (EMS) in the amount of $79,851 . The purpose of these funds is for training, supplies or other appropriate items used for EMS. A local match is not required. Considerations: City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment and supplies in accordance with provisions of the grant award. Recommended Action: Accept the Four-For-Life grant award as described above and authorize the City Manager to execute any required agreements or documents, such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $79,851 and appropriate funding in the same amount to an expenditure account in the Grant Fund to be established by the Director of Finance. ptu Christopher P. Morrill City Manager Distribution: Council Appointed Officers rt COMMONWEALTH of VIRGINIA Department of Health March 13, 2014 CITY OF ROANOKE TREASURER 215 CHURCH AVENUE, S.W. ROANOKE VA 24011 Dear City/County Administrator. IMMEDIATE ATTENTION REQUIRED Please return this report within 30 days Your locality will be receiving the Fiscal Year 2014"Four-For-Life"payment for Emergency Medical Services(EMS) in the amount of $79.851.20. These funds are for the collection period March 1, 2013 through February 28, 2014. Guidelines for the use of these funds are attached and are available on our website: htto://www.vdh.virainia.eov/OEMS/Files_paae/Locality Resources/FourForLifeGuidelines.pdf. Prior to distribution of these funds to the local government, this office must receive your Report of Expenditures on last year's distribution. The total amount that must be reported for last year's distribution is annotated on the enclosed report. The Four-For-Life program, as amended in 2000,stipulates that four additional dollars be charged and collected at the time of registration of each passenger vehicle,pickup and panel truck. The funds collected, pursuant to Section 46.2-694, Code of Virginia,shall be used only for emergency medical services. The law further states that the Department of Health shall return twenty-six percent(26%)of the registration fees collected to the locality wherein such vehicle is registered to provide funding for: (1) Training of volunteer or salaried emergency medical service personnel of licensed, nonprofit emergency medical service agencies; or (2) The purchase of necessary equipment and supplies for licensed, nonprofit emergency medical service agencies. vpH wIHr Protecting You awl Your b,,ianeot www.vdh.state.va.us It is important to recognize two clauses in the Four-For-Life legislation: (1) non-supplanting funds and(2)failure to report the use of funds by any local governing body will result in funds being retained. The Assistant Attorney General,at our request has offered the following interpretation for use of the funds. "Any funds received from Section 46.2-694 by a non-state agency cannot be used to match any other funds derived from Section 46.2-694 by that same non-state agency" Simply put, funds returned to localities cannot be used as the matching share of any grants offered using Four-For-Life funds. "Each local governing body shall report to the Board of Health on the use of Four-For-Life funds, which were returned to it. In any case in which the local governing body grants the funds to a regional emergency medical council to be distributed the licensed, nonprofit emergency medical and rescue services, the local governing body shall remain responsible for the proper use of the funds. If at the end of any fiscal year, a report on the use of Four-For-L(fe funds for that year has not been received from a local governing body, any funds due to that local governing body for the next fiscal year shall be retained until such time as the report has been submitted to the Board" If you have any questions or need additional information, please do not hesitate to contact Brenda Carroll,OEMS Accountant,at(804)888-9100. Sincerely, &MoInar Business Manager End.: Guidelines for Expenditures of EMS Funds Four-For-Life Report of Expenditures Form . . ... ......... Revised—October 17,2013 GUIDELINES FOR THE EXPENDITURE OF THE 26%RETURN TO LOCALITY SHARE OF EMS FOUR-FOR-LIFE FUNDS §46.2-694 of the Code of Virginia Purpose of the Fund To provide funding for training' of volunteer or salaried emergency medical service(EMS)personnel of licensed, nonprofit emergency medical services agencies and for the purchase of necessary equipment and supplies for use in such locality by licensed,non-profit emergency medical services agencies. Such funds shall be in addition to any local appropriations and local governing bodies shall not use these funds to supplant local funds. In any case in which the local governing body grants the funds to a designated regional emergency medical services council to be distributed to the licensed,nonprofit emergency medical service agencies and rescue squads,the local governing body shall remain responsible for the proper use of the funds. If a report on the use of these funds has not been received from a local governing body,any funds due to that local governing body for the next fiscal year shall be retained until such time as the report has been submitted. Expenses associated with EMS training programs and courses approved by the Virginia Office of EMS which include: • EMS textbooks,workbooks and other materials used in approved training courses • Supplies(used in training programs)such as disposable gloves,bandages,syringes,needles,etc. • Equipment(manikins,films,videotapes,etc.) • Expenses ' associated with state EMS certification and recertification programs to include but not limited to course tuition,test site fees,and travel expenses(mileage,lodging and meal per diem,other allowable expenses)not to exceed the state or local government rates. • Expenses 1 associated with specialty training programs to include but not limited to course tuition and travel expenses(mileage, lodging and meal per diem,other allowable expenses)not to exceed the state or local government rates. • Regional training activities such as disaster response drills or other field exercises. Expenses associated with these activities include but not limited to course tuition and travel expenses(mileage, lodging and per diem)not to exceed the state or local government rates. • Expense 'm d to complete an approved on-line Continuing Education(CE)course that provides credit toward EMS certification. The following link provides information on training programs and accessing Continuing Education(CE)Reports. httoa4www.vdh.virginia.gov,OEMS/frainine/ProviderResources.htni Footnote: I. EMS agency or provider must provide proof of completion and the award of CE credits by the Virginia Office ofEMS 2. Firefighter courses are not approved for the use of these funds, Page I of 3 Revised—Oeruber 17,2013 Purchase of necessary equipment and supplies needed to: • Gain access to a patient • Assess the patient's medical condition • Provide immediate medical care • Transport the patient to a medical facility • Communicate with the dispatcher and medical facility • Personal Protective Equipment(PPE)for EMS personnel includes but not limited to: o Safety vests(conforms to ANSI standards for roadway incident response) o Respirators/N95 type mask o Eye Protection(face shield,goggles,etc) o Gowns(surgical type protective gowns) o Patient Care Gloves o EMS Vehicles/EMS personnel with extrication equipment may be provided PPE equipment: • Helmets • Protective(extrication/safety)gloves • Ear protection • Steel toed boots • Note: These funds cannot be used to purchase firefighter turnout gear or other PPE utilized for primary fire services duties or response. • Maintenance and service contracts for medical equipment utilized in the direct provision of patient care or training of EMS personnel.Note: When entering into these contracts,ensure the agreement form is closely examined for clauses that would void the agreement and/or for items not covered under the agreement. o What are the clauses in the maintenance contract that would make it null and void? For example, if the equipment was dropped or mishandled,would that be enough to void the agreement. o Is the cost of the agreement reasonable for the services being provided? If so, is the cost of replacement significant enough to warrant the agreement cost? Items that do NOT conform to the intent: • Items funded and purchased with RSAF Grant Funds(see below note) • Furnishings or appliances for squad building,training facilities,fire departements • Vehicle or building maintenance items • Building utilities(electric,gas,water,telephone,etc) • Housekeeping expenses • Capital improvements • Special use equipment for fire suppression • Firefighter PPE/tumout gear • Firefighter training courses • Fund raising or public relations expenses • Articles of clothing(t-shirts,hats,etc)that are not personal protective clothing • Office management expenses • Law enforcement expenses • Workers Compensation or Healthcare related costs Page 2 of 3 Rev,sed—October 17,2013 Note: "Any fields received from Section 46.2-694 by a non-state agency cannot be used to match any other ftnrds derived from Section 46.2-694 by that same non-state agency." Simply put, funds returned to localities cannot be used as the matching share of any grants offered using Four-For-Life funds. Additional Guidance: 1. These guidelines are very broad in nature;however the Code of Virginia is specific in that these funds must be used for EMS training and the purchase of necessary equipment and supplies for licensed,non-profit emergency medical services agencies. Always ask yourself and in the opinion of your locality's administrator or financial director,would this purchase withstand the scrutiny of an audit or an inquiry by a legislator and meet the intent of the program? If a strong case can be made by your locality's administrator or financial director,then please move forward on that expenditure. If not,contact the Office of EMS to discuss the item(s)and issues. 2. The Office of EMS(OEMS)will always recommend that the 26%Return to Locality portion of the Four for Life funds be used for equipment and supplies that can easily be linked to direct patient care or the training of EMTs. For those questionable items,OEMS will suggest that those expenditures be paid from other sources of revenue such as donations,revenue from insurance payments or other fund sources. 3. Carryover funds-The EMS funds returned to localities should be used within one year after receipt. OEMS discourages the carryover of funds into future fiscal years. The carryover of funds raises a red flag and the locality may be asked by OEMS for a spending plan of action. Page 3 of 3 FOUR FOR LIFE - RETURN TO LOCALITIES FUNDS REPORT OF EXPENDITURES-Fiscal Year 2013 (Funds Collected in March 2012 thru February 2013& Distributed in Fiscal Year 2013) Locality: CITY OF ROANOKE TREASURER 215 CHURCH AVENUE, S.W. ROANOKE VA 24011 Amount of Funding: $79,119.04 Prior Year Carryover: $0.00 Total Reportable: $79,119.04 Instructions: Please complete this form by listing the EMS agenc)(iesyorganization(s)receiving Four-For-Life Funds and how the funds were used Do NOT send copies of invoices or other documents All documentation should be maintained by the locality, but made available upon request of this organization Forward completed report to: Office of Emergency Medical Services Virginia Department of Health Attn: Accounting Manager 1041 Technology Park Drive Glen Allen,VA 23059-4500 Telephone: (804) 888-9100 or(800) 523-6019 Summary of Use Licensed EMS Agencies Receiving Training Equipment Supplies Total Funds $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTALS $ $ $ $ Carryover(Funds Not Expended) $ Total I certify that the funds provided to this community were expended in accordance with the Code of Virginia46.2-694, which requires that funds will be used only for training or the purchase of equipment or supplies to support local EMS non-profit agencies/organizations. Invoices and other supporting documentation will be made available upon request. County/City Administrator Date Telephone 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 REYNOLDS,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Richard D. Souter, Manager RRI Apartments I, LLC 300 South 12th Street Richmond, Virginia 23219 Dear Mr. Souter: I am enclosing copy of Ordinance No. 39899-040714 allowing an encroachment requested by RRI Apartments I, LLC ("RRI"), developer of THE BRIDGES, a project designed to redevelop a portion of the area located along the Roanoke River ("Project"), to place an electrical transformer pad and an electrical transformer into the public right of way adjacent to property designated as Official Tax Map Nos. 4040404 and 4040405, located along Old Whitmore Avenue in Roanoke, Virginia, in connection with Phase I of the Project, upon certain terms and conditions. Furthermore, Paragraph 5 of Ordinance No. 39899-040714 shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by RRI has been admitted to record, at the cost of the RRI, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 of Ordinance 39899-040714 is on file in the City Clerk's Office; and in the event Ordinance 39899-040714 is not signed by RRI and recorded in the Circuit Court Clerk's Office for the City of Roanoke within (90) days from the adoption of the Ordinance, this Ordinance shall terminate and be of no further force and effect. Richard D. Souter RRI Apartments I, LLC April 8, 2014 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 7, 2014, and is in full force and effect upon the completion of the conditions of paragraph 5 of the Ordinance. Sincerely, erz.44(4.) Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: The Honorable Brenda S. Hamilton, Clerk, Roanoke City Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Jackie Clewis, Administrator of Risk Management Q2c PUBLIC RIGHT OF WAY LOCATED ADJACENT TO ROANOKE OFFICIAL TAX MAP NO: 4040404 and 4040405 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39899-040714. AN ORDINANCE allowing an encroachment requested by RRI Apartments I,LLC("RRI"), developer of THE BRIDGES,a project designed to redevelop a portion of the area located along the Roanoke River("Project"), to place an electrical transformer pad and an electrical transformer into the public right of way adjacent to property designated as Official Tax Map Nos. 4040404 and 4040405, located along Old Whitmore Avenue in Roanoke, Virginia,in connection with Phase I of the Project, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to RRI Apartments I,LLC to allow the placement and encroachment of an electrical transformer pad and an electrical transformer into the public right of way adjacent to property designated as Official Tax Map Nos. 4040404 and 4040405,located in the City of Roanoke,Virginia,along Old Whitmore Avenue for the purpose of providing electric power to serve two buildings that would contain space for residential housing and commercial operations, in connection with Phase I of the Project, as more particularly set forth and described in the City Council Agenda Report dated April 7, 2014. 2. RRI agrees that, in maintaining such encroachment,RRI and its grantees, assignees, or successors in interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise by reason of the above-described encroachment.RRI agrees that the encroachment shall be removed from the right of way at any time upon written demand of the City of Roanoke, and that such placement and removal of the encroachment shall be at the sole cost and expense of RRI. RRI agrees that it shall repair, restore, and replace any damage to the sculpture, and any damage to the land, caused by the placement and removal of the encroachment,at RRI's sole cost and expense. 3. RRI, its grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than$2,000,000 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty(30) days of passage ofthis ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty(30)days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy ofthis ordinance to RRI Apartments I, LLC, P.O. Box 40013, Roanoke, Virginia, 24002. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by RRI has been admitted to record, at the cost of RRI, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk. In the event this Ordinance is not signed by RRI and recorded in the Circuit Court Clerk's Office for the City of Roanoke within ninety(90)days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. 2 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C Clerk. ' The undersigned acluiowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. RRI APARTMENTS I, LLC, a Virginia limited liability company, By: PRG Roanoke Associates, LLC Its: Manager By: Printed Name: Title: COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of , 2014, by , the , of PRG Associates, LLC, a Virginia limited liability company, as manager of RRI Apartments I, LLC, a Virginia limited liability company, for and on behalf of RRI Apartments I, LLC. My Commission expires: Notary Public Registration No. 3 CITY COUNCIL AGENDA REPORT is To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: Request for Encroachment Permit to Construct a Transformer Pad in the Right of Way of Old Whitmore Avenue, S.E. Background: RRI Apartments I, LLC, ('Developer") of THE BRIDGES, a project designed to redevelop a portion of the area located along the Roanoke River ("Project"), has requested an encroachment permit from the City of Roanoke to place an electrical transformer pad and an electrical transformer into the public right of way located along Old Whitmore Avenue in connection with Phase I of the Project. Phase I of the Project consists of developing two buildings that would contain space for residential housing and commercial operations. The public right of way on which the transformer would encroach is intended for construction of public parking spaces. The subject transformer will serve the two buildings to be located on parcels B1 and B2, as shown on the plat enclosed with this report. The Developer will own and maintain the transformer pad, while American Electric Power will be responsible for the cabinet, transformer, and associated electrical cabling. The subject transformer pad is required due to the unique floodplain restrictions on-site. The subject area is heavily influenced by flooding of the Roanoke River; therefore the elevated transformer pad must be constructed to protect the electrical cabinet and transformer from flood water. The transformer pad has been designed to ensure the cabinet and transformer elevation is a minimum of 2' above the 100 year floodplain. The subject elevations and dimensional design have been approved by American Electric Power, and designed to accommodate the proposed electrical needs to the proposed buildings. The transformer pad will be located between two areas of public on-street parking and located within a landscape island along the railroad tracks located to the east of the subject Project. The transformer pad structure has been designed to match the aesthetic quality of the railroad structures that are typically located along the tracks in this area and maintain the industrial character of the subject development. As a condition to being granted the encroachment permit, the Developer will be required to obtain and maintain liability insurance naming the City of Roanoke as an additional insured, and to indemnify and hold the public harmless against any and all claims against the City of Roanoke arising out of Developer's placement of the transformer and pad into the public right of way. Recommended Action: Approve the proposed Ordinance authorizing the encroachment of the transformer pad described above, owned by Developer, into the public right of way at the location described on the plat attached to this letter. All necessary documents required for this encroachment are to be approved as to form by the City Attorney. 0J4 Christopher P. Morrill City Manager Attachment: Plat Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development Cassandra Turner, Economic Development Specialist 2 V INST. # /.30160 y,0 PUBLIC WA/FELINE EASEMENT I CURVE TABLE LINE TABLE Y.UAYE 1 LENGTH RADIUS TANGENT CHORD BEARING CHORD DELTA LINE TABLE UNE TABLE LINE BEARING LENGTH C) 15952'139739'129.63' 120'36901 25816' 70'36'00" LINE BE7530G .83' L26 388'20'00? 259.99' C2 74037' 139719 70.24' 1182'0'491 140.37' 5'45'19' A-14 594 25 02W 641' L)N08701002- 91.00' 116 N87'40'OC"E 63.53' C3 32.67' 1391.29 59.12' 123'26'491 11912' 4'5041' LT 5110'12 34CO' 1281164'05'5014' 82.00' 14-155 1.40021 JT07' C4 118.16' 66.00' 16.68' 144235711V 3234' 28'21'49" L41812'0'00£ '130.00' 029 N6470'00V 14.08' 1B-C 3 '04''132 798.8 05 31.79' 44.00' 16.62' 1137'04'271' 31.70' 41'2331° L4 588'40'00£ 30.00' 020 N86''0201 1408' C-0 375'04'13V'42 19692' C6 15174' 115049}76.48' 58938302'/ 15263' 7-36'24' L6581'40'00? 1500' L]0 C-A N15'0450W 579.4 5912'0201 110' 0-A N15'0493'C 5/948 C7 2147' 446.51' S0.1P N51'05/OW 99.92' 513051' L7581'40'�Z 2638' L3 1418140''001V .12,10 C8 2541' 25.00' 1268' N57'44'05r 2262' 53'41'05' _ !7 5812'0'00£ 47.98' L32 50I20'00W 31,x0' C9 6.25' 50899' 3J' 182'01'052 6.15' 0'42'11' LB N15'4130W 21.32' L34 N81,10'LOW 9300' CIO 17399' 50999' 5704' 589'16'O7"E 10155' 12'07'44" L051S40'00W 54.91' L3530'20'WW 5200' CII IJJ99' 504499' 5724' 38B'04157'E 15116' 124955" L10 581'40'00T 74.51' L35 38 7 40 00? 550' CIT 76,12' 7088.10 092957.46' N89'0484'E 7570' 4'01707' LI1£72 N86'40b0'E 7.8' L37 50870'001V 500' Cli 74,92' 7.46' 589'3040E 14.92' 0V1'0l L13 N63'464/E 100' L37 50870'001V 17548' C74 39.76' 27.00' 2830' 535'42'02'E 33.73' 106'5059' L13 300'52'31 5.00' L39 5308''0'0W 10.0 ' C75 79.50' 65.64' 4125' N6T04'587 74.87' 682055' L15 5085140E 500' L40 508'20'00W 30.00' 016 115.34"6]910' 11172' 5642192'6£ 11031'19'0034' LIE 108'0001 2597' 040 108'10'001 194.9' LIE 50/'40'0014 6.31' 142 N08•40'00W 444.9' L18 50870'00W 70,91 143 508'20'00'W 26,50' 3529 L19108'20'001 70,91' 143 4501'20'001 5840' MB, 1 a•S 3516- 120 NS1'10'002 130' 145 11/ 40'21 5545' (TO 381400'OE 3.30' 145 51245321 51.95' \ �0 � _L21 58140'00T 4969' L46 308'2839W 54.26' +� 12150820''001V 330' L47 3095504E 17.18' '5'e 2\ ' (1358)2'0'00? 45.23' £49 509'5841£ 2114' \' �//_ --`. L24$81'4000? 5072' L49 581'40'00T 41.90' U 1.50 588•1937E 1941' o N tl1 \? f :e: 1 1 0 _ a.W51 FaP� RCM-NW 7-stow mutt&atom- V'- - 4 RFOLK SOUTyERN m 4 o w \ `-) L NEW Ru9LIC wATERVNE PARZEZ-el _- � t _WAY COMPgNY - x o ryf 2 --x- _ FASEMFNT O.i219 A4(/RE t 1*-- _ " R �., tit. _ _ r9J16 m - -a'iwv[gA2 _ Gym Mrxe]E w o o ___ srnsb2w.71461_ Lx r OFBANAST AL - to.--...„„.. �'n 4°I '19 fig Cft14£[ _ ® 1`78 S!S!B/Ow 497 BACO wt-# l a� �I - thy, - IW m-t29 _ 36'RIrAC r .35- -P C- It 0 4- / r4 �- F'-"1 -OO a 9- �R/ -I� -IF tl 4-� � y"--'�`� Ia���y PUBLIC DRAINAGE FASEMENT/r nOOGl / IJ22 ACress -•y� Q - w- � OTORMCgPF 29927 I��y \ -a S`�'_ t LINE TABLE y INST.T.44 1403021(P(Al '35251110 . L9. • wLNE c -w- N CJ ��q LINE BEARING [?50TH Q - \ /40YASar 1aJ 2411:656 IJ \ Pu W V _jEA{¢NUE -1v._rs➢ - /0 sue- E-15 Sl4'25'02w 9821' "-'f22 x \ CORNERS 11 THROUGH le TO 72 °T NEW PUBLIC DRAINAGE �1 h Llw LLlOJH n,(..SE t.4,1 --s- qC -- it- - \_-- 15-F 581'40'002 295' "<y \ EASEMENT/1 SJT4J' •Yry NFAEB�J' SC z.. 4.J -. F-C 516'25'501_19601' \ Lµ6 PRJA/POINTS 15 IHROUCH flit. G. O3w 334.89' M R/W°CITf1J C-H N74'41'50W 2000' c $ \ 18 TO 12 HEREBY VAGIIED PARCEL C2 z P4414Ry. 'et H-! Nl5'75502 26921' \.9.`�.A \ ,I I 2.8542 ACRES 5�S'''.3 a 0 o, 124,127 117 m� a \' I-E 545'01'4.? 2542' of O rcn _ L14 PARCEL el 0 \ ry 1,0 2 E PARCEL I/O? U a� 1.1461 49.926 SF g l�j h 29.45 cn RESIIBDM510N PLAT FOR \ :W TM./4040401 -51827 AC ST y,WA P/RGINGI TECH FOUNDATION, INC. \ °o roCo i7 I9 rHr+01ALH zJ TO re 3 CARILION SERVICES INC. $ "� o v m Is To rs TO r9 S 9 .m ,}� �, •\�� a CARILION CLINIC PROPERTIES LLC \ m Vy, 50410'001 140.)9= � .4 " 0.1692 CARILION LINE FROM CORNERS 18 TO 23 LI3 p f.ARILION CLINIC PHYSICIANS LLC % "I HEREBY VACATED '�'� a . 'a, t ryra4,p, � P. , L 'Nwc,:+:l BEING THE RESUaorvlsiaN OF ., ?...e PARCEL 1 - M.B. l 1.e PC. 1507: CRgKL \y LINES FROM CORNERS 4 q L , nri P y,n 0ZJ FFK1 TRACTS B k C REIBY VA 10 V y h M.B. I. PCS. 3526-3529: \ HEREBY VACATED _ IB-5'J) 3(� r1 Q b 1.1322 ACRES - T.M. 04030501 <jLrH OF 0 Oil, \ \ e,�LJJ _ _ _ _ _ _ e J e 508'20'001 1255.15'-- g -- 6£ n' h n _ _ INSTRUMENT 099001322 'V LJ9 ___ __ _ LJ6 O CI O 17 ( p `3 1g� rt RIVERSIDE CIRCLE S.W. PRIVATE 339 y,11 ,I�PO� 4.4'r - _ l }-5 PARCEL 82 I 2 L1B 8 ^ /N08'20'OOY M.B. 1, PLS 3099-3101 3 3395-3399: OHN R. M+�K .I prh/ © I 033 dJ] __ 6 0.9129 ACRE 'p 2,W 86161' JOHN N. McAOEN- P `© 0RA4FL •/�� �J, LOT 1 M.B. 1 PLS. 3099 3101; n pP ` , cJ e, O __-_,` 59,764 SF i w--• 0 R LOT 64. RE I POS 01199 3101 Lie, No.002002 CC+L q9 CT /5 -\ „4„,_./ NUM 0 Q 8 b PARCEL AL PARCEL��1 Nc 0.18925 E 4'4'13 4 0 407+ 35" /Z. rR C s 6 bas s.. 2 .R m 2 0.7597 ACR,I O © 9 I. 5 5526 3529 ,`� \ W .4 e \ PARCEL 4.2 058118 ACRE ( 1� \�AO6 TV yyana0r06 y " GRAVEL NO'DTA 0(29 /UJ//11 2ll= m I m O 8959 S.F. PARCEL A3 0.1597 ACRE 4.^A SI9NE Pave t9,_____+- c+ CORNERS 1 ,NR000H 70 TO 7 o �_ y 0 N PARCEL A4 0.86136 ACRE 4.9. - c5,6 CONE R4100E Nor 31-49 9 �, 8µ01e AS 1.0126"SE ,NP "c-,,Q i_ Q 171.52' a 1117 / \ \ 30500/ WATER R PARCEL 131 0,421 (ACRE D6 __C- - ,,. u -. e - -_ b PARCEL 82 0.9129 ACRE 9+ Q- / -- ® _ B PARCEL 1 0182 ACRE 9 EX.SEWER UNE _ _ _ _ NC820"�T 296 15 (10 TO L) h°Nc Aol�l �O•o PARCEL C2 2.8542 ACRES - ✓L HGRSON STREET, SE. R/W PAR/E5 _ I - 3.0182 ACRES B LOT of GRAPHIC SCALE "' _- -- -- ' LOT CIRCLE,- .W. - ACRE rt.:f CUflB k 4 R A T T�TI"1 RIVENSOL WHITM S.W. - 289135 ACRES . w • \I V II IK OLD WWOO RE AVENUE,S.E. ' OLD 10005 AVENUE.S.E. 1 CITY OF ACRES TOTAL RNIA -- A SEE SHEET 4 CITY OF RAPRIL 5. 2013 A f w-SO \n0 FOR R/W DEpLAIION DATED SCA APRIL 5, 20ll 1 Ina!=e6 (t JOB Mft12" 60'1 TEL: 540-]]2-9580 T _ 540-]]2-8050 """°°'°° ' SCALE 1"OF PLANNERS ARCHITECTS ENGINEERS SURVEYORS DRNSLB SHEET 2 OF 4 Balzer& Associates, Inc. 1208 Corporate Circle Roanoke Va. 24018 eHN:JRM •eat.m nunmr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39900-040714. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Moran Street/Blanton Avenue and Fresno Street/Aspen Street Drainage Improvement Projects ("Projects"); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; 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 wants and needs certain real property rights, to include temporary construction and/or permanent easements of variable length and width, and fee simple acquisitions, and such other real property interests as needed, as set forth in the City Council Agenda Report dated April 7, 2014, for, (i) the Moran Street/Blanton Avenue Drainage Improvement Project and Fresno Street/Aspen Street Drainage Improvement Project, in the general vicinity of the 3500 block of Moran Street, S.E.; N.W., Roanoke, Virginia and the 1300 and 1400 block of Hillview Avenue, S.E., Roanoke, Virginia, and (ii) the Fresno Street/Aspen Street Drainage Improvement Project, in the general vicinity of the 1500 block of Fresno Street, N.W., Roanoke, Virginia, 2800 and 2900 block of Cove Road and Ajax Avenue, N.W., Roanoke, Virginia, and the 1500 block of Aspen Street, N.W., Roanoke, Virginia, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned Agenda Report and any other real property parcels needed for the Projects for such consideration as the City Manager may deem appropriate. All requisite documents shall be approved as to form by the City Attorney. 0-Authorize acquis of prop rights-Moran 5t-Blanton Ave&Fresno St-Aspen St Drainage Project 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s) for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Projects' account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 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: AttL.A..„ ity C1 r O-Authonze acquis of prop rights-Moran St-Blanton Ave&Fresno St-Aspen St Drainage Project "' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: Acquisition of Real Property Rights for Moran Street/Blanton Avenue and Fresno Street/ Aspen Street Drainage Projects Background: As part of the FY2014 Capital Improvement Program, City Council appropriated $1 .12 million for storm drain improvement projects. This will be matched with $1 .12 million in Virginia Department of Transportation Revenue sharing funds. Two such storm drain improvement projects include the Moran Street/Blanton Avenue Drainage Project in the general vicinity of the 3500 block of Moran Street, SE, and 1300 and 1400 block of Hillview Avenue SE; and Fresno Street/Aspen Street Drainage Project in the general vicinity of the 1500 block of Fresno Street NW, 2800 and 2900 block of Cove Road and Ajax Avenue NW, and the 1 500 block of Aspen Street NW. These neighborhoods suffer from inadequate drainage evidenced by standing water on road pavement and private property. Runoff from the public right of way contributes to flooding of private properties. There is no existing storm drain system along these streets under consideration. Constructing the proposed storm drain system for these two projects would correct known drainage problems in these neighborhoods. In order to construct, operate, and maintain the proposed storm drainage system, the City will need to acquire real property rights from private owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the Moran Street/Blanton Avenue Drainage Project and Fresno/Aspen Drainage Project. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights is available in the project account 08-530-9734, Neighborhood Storm Drain Projects. Temporary construction and/or permanent easements of variable length and width are required to accommodate construction activities and will affect eighteen (18) properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified so far are as follows: Tax Map Address Owner Required Property Parcel Rights Number 4390814 3611 Ventnor Rd., SE Peter L. Staples Permanent Drainage Roanoke, VA 24014 Easement &Temporary Construction Easement 4400620 1409 Hillview Ave., SE Elizabeth V. Dunham Permanent Drainage Roanoke, VA 24014 Easement 4400621 1413 Hillview Ave., SE FW Webb Properties, Permanent Drainage Roanoke, VA 24014 LLC Easement 4391 01 1 3515 Moran St., SE FW Webb Properties, Permanent Drainage Roanoke, VA 24014 LLC Easement 4391010 3513 Moran St., SE FW Webb Properties, Permanent Drainage Roanoke, VA 24014 LLC Easement&Temporary construction Easement 4391 009 3509 Moran St., SE Michael B. & Sharon B. Temporary construction Roanoke, VA 24014 Blankenship Easement 4391 008 3509 Moran St., SE Michael B. & Sharon B. Temporary construction Roanoke, VA 24014 Blankenship Easement 4391 007 3503 Moran St., SE Denise Ann Raymond Temporary construction Roanoke, VA 24014 Easement 2460201 1 549 Fresno St., NW Lynward Twine, Jr. Permanent Drainage Roanoke, VA 24017 Easement 2460283 2924 Cove Rd, NW Ralph D. Wade Permanent Drainage Roanoke, VA 2401 7 Easement 2460284 1541 Fresno St., NW Paula R. Vineyard & Permanent Drainage Roanoke, VA 24017 Cynthia Vineyard Brown Easement 2460285 1 535 Fresno St., NW Terry L. McGeorge Permanent Drainage Roanoke, VA 24017 Easement 2460146 1 540 Fresno St., NW Gary E. & Kathy S. Temporary construction Roanoke, VA 2401 7 Simon Easement 2460147 1 536 Fresno St., NW Marvin L. & Sally M. Temporary construction Roanoke, VA 24017 Burris Easement 2460148 1 532 Fresno St., NW Henry W. English Temporary construction Roanoke, VA 24017 Easement 2460149 1 528 Fresno St., NW Anita Terry Temporary construction Roanoke, VA 2401 7 Easement 2460421 2745 Mountainaire Lamare K. Franklin Permanent Drainage Ave. NW Easement&Temporary construction Easement 2460409 1 533 Aspen St., NW Stuart Orenstein Temporary construction Roanoke, VA 2401 7 Easement 2 Recommended Action: Authorize the acquisition of any real property rights needed to construct the proposed Moran Street/Blanton Avenue and Fresno Street/Aspen Street Drainage Projects, including but not limited to the specific property rights identified in the City Council agenda report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. 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., City Engineer Cassandra L. Turner, Economic Development Specialist 3 o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39901-040714. AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable License Agreement with Sidera Networks, LLC d/b/a Lightower Fiber Networks, that allows the construction, maintenance, and operation of an underground telecommunications fiber optic cable in the City's public ways; authorizing the City Manager to implement, administer, and enforce such Temporary Nonexclusive Revocable License Agreement; 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 on behalf of the City to execute a Temporary Nonexclusive Revocable License Agreement with Sidera Networks, LLC d/b/a Lightower Fiber Networks (Licensee), that allows the construction, maintenance, and operation of an underground telecommunications fiber optic cable in the City's public ways, all as is more particularly set forth in the City Council Agenda Report to this Council dated April 7, 2014. 2. The term for the Temporary Nonexclusive Revocable License Agreement shall be for one year, and continue month to month thereafter or until the City adopts a final Telecommunications Regulatory Ordinance, Franchise and/or Agreement, whichever occurs first, and shall be subject to being revoked without cause upon sixty days notice from the City to the Licensee. 3. The Temporary Nonexclusive Revocable License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the City Council Agenda Report to this Council dated April 7, 2014. O-Sfdera.doe 1 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to implement, administer, and enforce such Temporary Nonexclusive Revocable License Agreement,with any such documents being approved as to form by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this ordinance by title is hereby dispensed with. ATTEST: kmow. , .) City Clerk. \L o-Sidera.doc 2 i4 CITY COUNCIL AGENDA REPORT 4 To: Honorable Mayor and Members of City Council Meeting: April 7, 2014 Subject: Temporary Nonexclusive Revocable License Agreement for Sidera Networks, LLC d/b/a Lightower Fiber Networks Background: In late February 2014, Sidera Networks, LLC d/b/a Lightower Fiber Networks (Sidera) made a written request to the City of Roanoke for a Temporary Nonexclusive Revocable License Agreement (License Agreement). This request asked for the right for Sidera to install approximately 1 .7 miles of underground fiber optic cable in the City's public right-of-way to provide network telecommunication services to a customer located in the City of Roanoke. This fiber optic cable will connect two endpoints of Sidera's newly constructed 1 ,000-mile network throughout Virginia, much of which is in Virginia Department of Transportation (VDOT) rights-of-way. VDOT will use dedicated fiber strands in the network to support its communication needs, such as the Amber Alert System and its Smart Traffic System, while Sidera will use the other fiber strands to provide network services to its customers. At this time, the subject segment which is proposed for the Thirlane Road right-of-way will provide a particular Sidera customer with pass-through connectivity north and south of Roanoke. Sidera does not provide cable television service, and such service is not contemplated for this license. Sidera is a limited liability company organized under the laws of New York and has obtained from the Virginia State Corporation Commission a certificate of public convenience and necessity to provide interexchange telecommunications services within Virginia by Order dated April 30, 2012. Considerations: Sidera and City staff have negotiated a Temporary Nonexclusive Revocable License Agreement that will allow Sidera to use the City's public right-of-way to install and operate a telecommunication system or facilities in order to provide telecommunications services within the City. Such License Agreement is substantially similar to other license agreements that have been granted by the City to other telecommunications providers operating in the City. Such License Agreement provides that Sidera will be granted a License Agreement for the term of one year and month to month thereafter until the adoption of a telecommunications regulatory ordinance, franchise and/or agreement that the City may adopt in the future, and that Sidera will comply with any such future telecommunications regulatory ordinance, license, and/or franchise that the City may adopt, in accordance with the law that may be applicable to such matter. The License Agreement provides that Sidera will owe the City and/or the Commonwealth of Virginia any fees and other compensation that may be allowed and are due in accordance with the law to the City and the Commonwealth of Virginia under applicable federal, state, and local laws, ordinances, and regulations. The License Agreement also provides that Sidera will comply with the City's Right of Way Excavation and Restoration Standards with regard to any work that it does in the City's public ways. A copy of the proposed License Agreement is attached to this letter together with a map showing the general fiber route that Sidera intends to install within the City's public ways. The Department of Technology and other City departments have reviewed Sidera's request for the License Agreement and the proposed route for installation of fiber and other facilities within the public ways. The Department of Technology, in consultation with the Engineering Division and the Director of Public Works, has no objections to the request of Sidera for the License Agreement, and believes that the License Agreement will protect the City's interest in being able to manage the City's public right-of-way. In 1996, Congress passed the Telecommunications Act of 1996. The Act was designed to remove regulatory barriers and create competition among all types of telecommunications companies. The Act preempts all state and local laws that prohibit or have the effect of prohibiting a business from providing telecommunications services within a locality's public ways. However, the Act does allow the locality to take reasonable steps to protect or to manage such locality's public ways. Therefore, granting the requested License Agreement to Sidera will be consistent with the purposes and provisions of the Telecommunications Act of 1996. There is no funding requirement on behalf of the City. Recommended Action: Authorize the City Manager to execute a Temporary Nonexclusive Revocable License Agreement with Sidera Networks, LLC d/b/a Lightower Fiber Networks that allows Sidera to construct, maintain, and operate telecommunications facilities in the City's public right-of-way, as set forth above and in the License Agreement. The term of such License Agreement will be for one year and continue month to month thereafter or until the adoption of a telecommunications regulatory ordinance, franchise and/or agreement by the City, whichever occurs first, subject to being revoked by the City upon 60 days' notice to Sidera. The Temporary Nonexclusive Revocable License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to this letter. Authorize the City Manager to take such action and execute such documents as necessary to implement, administer, and enforce such Temporary Nonexclusive Revocable License Agreement. All such other documents shall be in a form approved by the City Attorney. opher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development 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 Roy Mentkow, Director of Technology Mark Jamison, Manager of Transportation 2 SEGMENT 4-6, SECTION 1 • CITY OF ROANOKE OVERVIEW siderg networ s TOTAL MILES' 1.7± - y SYMBOLS rCf # Underground construction to be undertaken by „„ , .. . , .... . d 1 S �b . directional bore method.No cutting of curbs or streets �. 143 --- will occur No cutting of dnveways will occur. L - Restoration of bore pits to be done in accordance d �" .. with City specifications,including compaction -O,wu.un n•— '�11 I , �6v ,,.....„..,. ® ...,.. G 82 _ -� fie . i - , o ....,.... w... o* Wood- ,1eJrerson /" - a + 601 ®w...,,. g etJ Fo f Sfookside .r _, I . ' Kingstc \ Patk '1161 , . ,li 4 1 — 1743 yi��i4Medfey- .� - • �,. 625 a .... ! • • �, I FOREIGN UTILITY LOCATION ARE APPROXIMATE,CONTACT THE 13 LOCAL LOCAL ONE CALL AGENCY ryA i 40 HOURS PRIOR TO �1�L - CONSTRUCTION FOR EXACT F �W _ "� _ yq 1�- UTILITY LOCATIONS AT ` "� 4- 11 ' .. ' ._116 VIRGINIA811 G • 1 y y 11+. 4. !Zj. ml — r 1-eoassz.7oo1 - % $ • � 4' t- `* -r ,Q DRAWING DISCLAIMER - Facility locations are general _ i 1116 bjp p� 3 : i A�(_� '4` y claw re gene ` �b ,+ d _ ">GY_ "` r nature.Acklson Surrey, �} �] 9 n nLL not be held rTn' "Y4!�-- -- _ '1 1�Y ountable for the accuracy 220 arc �j of the Information provided In aso Roaaoke - - these drawings. e tl� 3e b 1(114a FfeJghls Pir1F I Ke�snedy Park m PREPARED„„. a . NOTES. - PROPRIETARY WI- NI 0 11-et-enL] INFORMATION NOT FOR DISCLOSURE I CT n lliv`.K=t .L .A112"V IT OVLP. o=pl eYTlsm This set of plans he contains cap confidential must d proprietary los l-t um l'HS MIlSr 1-L OCA'Fb°I?IOE'p Arh ^•m°°'°"` %'°^ information,o andrherecipientns or not disclose copy [p(J 11 1 L(IVI9' re-create,or distribute either the plans or the information - W ma\ E contained therein,either directly or indirectly,to other �� -, r Ir-Turd -.}I9la annn Iw...,.." permission entities or lodoi without kitten or express Ino-' a'r su S permi Networks. ..� w , COUNTY'.ROANOKE TOWNSHIP. - CITY.ROANOKE SECTION'. _TOWN RANGE ` - TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT This Temporary Nonexclusive Revocable License Agreement(hereafter-Agreement)is made and entered into as of , 2014,by and between the City of Roanoke, Virginia,a Virginia municipal corporation (hereafter - City or Grantor) and Sidera Networks, LLC d/b/a Lightower Fiber Networks,(hereafter Sidera or Licensee or Grantee),a New York limited liability company, authorized to transact business in Virginia, having an office at 80 Central Street, Boxborough,MA 01719. WHEREAS, Sidera has requested the right to install and operate an underground telecommunications fiber optic cable in the City's rights-of-way in order to provide telecommunications services within the City; and WHEREAS,Sidera desires to enter the City rights-of-way under a temporary nonexclusive revocable license to use the rights-of-way at its own risk;and WHEREAS,the City is agreeable to allowing Sidera to use the City rights-of-way subject to certain terms and conditions hereinafter set out and subject to any Telecommunications Regulatory Ordinance and License/Franchise Agreement that may be adopted by the City in the future. NOW,THEREFORE,in consideration of the mutual promises and covenants herein contained,the City and Sidera agree as follows: Section 1: Grant of Authority. Sidera will provide a detailed route diagram and detailed description of all facilities,appliances,their location, and construction requirements which it anticipates will be used for its initial fiber optic cable within the City of Roanoke. A route diagram dated February 12,2014,showing the anticipated route is attached to this License Agreement as Exhibit 1. Sidera is hereby granted a temporary nonexclusive revocable license to construct, maintain, and operate an underground telecommunications fiber optic cable in, over,under,and across those portions of the public ways within the City as described in Exhibit 1 and such other public ways within the City as Sidera may request and which requests are approved by the City Manager or the City Manager's designee in his/her sole discretion and which are in compliance with the provisions of this License Agreement, all for the sole purpose of providing telecommunication services. This License Agreement does not include any provision of any cable television services of any type or any wireless services or other types of services other than telecommunication services as defined in the definition section of this License Agreement. The City specifically reserves the right to grant other licenses, franchises, or other rights as it deems appropriate for other telecommunications systems or facilities or any other purposes in accordance with the law. Section 2: Definitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings,unless the context of the sentence in which they are used shall indicate otherwise: Sidera License Agreement-FINAL 3.17.14.doc "Affiliate"means a person that directly, or indirectly, through one or more intermediaries,owns, controls,is owned or controlled by,or is under common ownership or control with another person. "Cable Act"shall mean the Cable Communications Policy Act of 1984,47 U.S.C. §532,et seq., as now and hereafter amended. "Cable operator"means a person providing or offering to provide"cable service"within the City as that term is defined in the Cable Act. "Cable service"for the purpose of this Agreement shall have the same meaning provided by the Cable Act. "City"means the City of Roanoke,Virginia,and where appropriate,its officers,agents,employees and volunteers. "City Manager"means the City Manager of the City of Roanoke or his designee. "City property"means and includes all real property owned by the City,other than public streets and utility easements,as those terms are defined herein,and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as provided in this Agreement. "Communications Act" means the Communications Act of 1934, as amended by the Telecommunications Act of 1996,Pub.L.No. 104-104, 110 Stat. 56,and as may be amended from time to time. "Conduit"means any materials such as the metal or plastic pipe that protects wire,cable,lines,fiber optic cable, or other technology for the provision of telecommunication service. "Duct"means a pipe,tube,channel or similar item for carrying wires,lines,cables,fiber optic cable, or other technology for the provision of telecommunications service. "Excess capacity"means the volume or capacity in any existing or future duct,innerduct,conduit, manhole,handhole or other utility facility within the public way that is,or will be,available for use for additional telecommunications facilities. "FCC"or"Federal Communications Commission"means the Federal administrative agency,or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. "Grantee"means any person receiving any authorization pursuant to the terms and provisions of this Agreement,including a Licensee or Franchisee. "Grantor"means the City of Roanoke,Virginia. sidera License Agreement-FINAL 3.17.14.doc 2 "Gross revenue" means any and all cash, credit, property of any kind or nature, or other consideration received directly or indirectly by a telecommunications carrier in any way derived from its provision of telecommunications service in the City or from its telecommunications facilities in the City whether or not they originate or terminate in or outside the City. "Maintenance"means any effort or expenditure taken or made by a Grantee to preserve,repair,or improve existing telecommunications facilities or infrastructure in accordance with generally accepted industry standards. "Other ways"means the highways,streets,alleys,utility easements or other rights-of-way within the City,but under the jurisdiction and control of a governmental entity other than the City. "Overhead facilities"means utility poles,utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. "Person" means any natural person, corporation, company, association, joint stock company or association,firm,partnership,limited liability company,joint venture,trust,individual and any other legally recognized entity, private or public, whether for profit or not-for-profit and includes the officers, agents,employees or representatives of such entity where appropriate. "Public street"means the surface of and the space above and below any public street,road,highway, avenue, sidewalk, way, bridge, viaduct, alley or other public right-of-way, including non-paved surfaces,now or hereafter held by the City for the purpose of public travel,communications,alarm, street lighting, power distribution,or similar public use. "Public way"means and includes all public streets and utility easements,as those terms are defined herein,now or hereafter held or controlled by the City,but only to the extent of the City's right,title, interest or authority to grant a License or Franchise to occupy and use such streets and easements for telecommunications facilities. "State"or"Commonwealth"means the Commonwealth of Virginia. "State Corporation Commission" means the State administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the Commonwealth of Virginia. "Surplus space"means that portion of the usable space on a utility pole which has the necessary clearance from other pole users and the ground surface,as required by the orders and regulations of the State Corporation Commission or other regulatory entity, to allow its use by a telecommunications carrier for a pole attachment. "Telecommunications carrier"means and includes every person that directly or indirectly owns, controls, operates or manages plant, circuits,equipment or property within the City, used or to be used for the purpose of offering telecommunications service. Sidera License Agreement-FINAL 3.17.14.doc 3 "Telecommunications facilities"means the plant,equipment and property,including but not limited to, fiber optic cables,cables, lines,wires,conduits, ducts,circuits,pedestals,antennae,electronics and other appurtenances or technology used or to be used to transmit,receive,distribute,provide or offer telecommunications services. "Telecommunications provider" means and includes every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the telecommunications facilities. "Telecommunications service or services"means the providing or offering for rent,sale or lease,or in exchange for other value received, the transmittal of signals, including but not limited to voice, data,image,graphic or video or other programming information between or among points by wire, lines cable, fiber optics, circuits, laser or infrared, microwave, radio, satellite or other telecommunications facilities. "Telecommunications system"See "Telecommunications facilities". "Underground facilities"means utility or telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities. "Usable space"means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the State Corporation Commission or other regulatory entity. "Utility"or "Public Utility"shall be defined in accordance with applicable state laws regarding public utilities. "Utility easement"or"Public Utility easement"means any easement held by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. "Utility facilities"means the plant,equipment and property,including but not limited to,the poles, pipes,mains,conduits,ducts,cables, fiber optic cables,circuits,wires, lines,plant and equipment located under,on or above the surface of the ground within the public ways of the City and used or to be used for the purpose of providing utility or telecommunications services. Section 3: Compliance With Applicable Law. City and Licensee shall at all times comply with all applicable federal, state, and local laws, ordinances,and regulations, including but not limited to the Communications Act. Section 4: Permits. Licensee,including its contractors and consultants,prior to any construction or work will obtain all appropriate permits therefor, including any application and permit for street opening if any streets will be disturbed. Sides License Agreement-FINAL 3.17.14.doc 4 Section 5: Licensee's Authority. Licensee warrants and represents that it has obtained all necessary and appropriate authority and approval from all applicable federal and state agencies or authorities to provide all telecommunications facilities and services it intends to provide within the City and upon request by the City will provide evidence of such authority. Section 6: License Only. Licensee acknowledges and agrees that all Licensee is granted by this Agreement is a temporary nonexclusive revocable license and that no franchise or any other rights of any kind are granted by this Agreement,including but not limited to any right to provide any type of cable television services or wireless services. Section 7: Application Of Telecommunications Regulatory Ordinance. Licensee acknowledges and agrees that the City may develop a Telecommunications Regulatory Ordinance and/or License/Franchise Agreement in the future. Any such Ordinance or Agreement shall apply as may be required by law to all telecommunications carriers or providers having facilities in the public ways within the City on a competitively neutral and non-discriminatory basis. Licensee acknowledges and agrees it will be subject to any such future Telecommunications Regulatory Ordinance and/or License/Franchise Agreement that the City may adopt in accordance with the law and that Licensee will comply with all the terms and conditions of any such Ordinance or Agreement,including but not limited to any terms for compensation due to the City,and that such compliance will be retroactive to the date of this Agreement, if allowed by law. Section 8: Compensation. Licensee acknowledges and agrees that the compensation Licensee will owe the City and/or the Commonwealth of Virginia for the use of the City's public ways shall be any fees and other compensation that may be allowed to and/or due in accordance with the law to the City and/or the Commonwealth of Virginia under any applicable federal, state, and local laws, ordinances, and regulations. This specifically includes the Public Rights-of-Way Use Fee adopted by the City in Ordinance No. 34196-030199, adopted by Council on March I, 1999, as allowed by law. Section 9: Term. The term of this Agreement shall be for one (1) year, from , 2014, through , 2015, and shall continue month-to-month thereafter, or until the adoption of a Telecommunications Regulatory Ordinance, Franchise and/or Agreement by the City, whichever occurs first, at which time all rights of Licensee under this Agreement that may be affected or replaced by such Ordinance, Franchise,or Agreement,shall terminate. Furthermore,the City shall have the right to revoke the Licensee's rights under this Agreement, with or without cause, at any time upon giving the Licensee sixty(60)days written notice,such notice to be sent to the Licensee at the following address by certified return receipt mail or overnight delivery service or by facsimile: Sidera Networks, LLC 80 Central Street Boxborough, MA 01719 Facsimile: (978) 264-6093 Sidera License Agreement-FINAL 3.17.14.doc 5 Section 10: Other remedies. Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the City or Licensee may have, at law or in equity, for enforcement of this Agreement. Section 11: Severability. If any provision of this License, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction,the remaining provisions of the License shall not be affected and all other terms and conditions of the License shall be valid and enforceable to the fullest extent permitted by law. Section 12: Transfer of ownership. Licensee shall not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either voluntarily or by force or involuntary sale, or ordinary sale,consolidation,or otherwise any of the rights or privileges granted by this Agreement without the prior consent of the City Council. Provided,however,if Licensee should have a name change only,no transfer of assets or obligations to other entities,such a transfer will only require written notice to City Council at least 30 days prior to such transfer. Section 13: Costs. Licensee will pay to the City the costs and expenses incurred by the City related to the grant of this License Agreement. The total amount of costs and expenses Licensee will owe the City in connection with the grant of this License Agreement and/or the adoption of a Telecommunications Regulatory Ordinance and License/Franchise Agreement will be determined upon the City's adoption of such Ordinance and/or Agreement,not to exceed$10,000 per Licensee. However,Licensee will also pay the City all reasonable costs and expenses incurred by the City in connection with any enforcement or defense of this License Agreement.All such costs and expenses are to be paid within thirty days after submission of any statements to the Licensee by the City for such costs and expenses. Section 14: Conditions of License. Section 14.1: Location of Facilities: All telecommunications facilities shall be constructed,installed and located in accordance with the following terms and conditions,unless otherwise specified: 14.1.1: To the extent feasible,a Grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility. If not feasible, Grantee,upon approval from the City,may construct or install its own conduits or ducts. 14.1.2: A Grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing or replacement utility poles only, and then only if surplus space is available. Sidera License Agreement-FINAL 3.17.I4.dec 6 14.1.3: Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the City,a Grantee with permission to occupy the same public way must also locate its telecommunications facilities underground. 14.1.4: Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the City,a Grantee that currently occupies the same public way shall relocate its facilities underground,at Grantee's sole cost,within a reasonable period of time,which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the City, such relocation shall be made concurrently to minimize the disruption of the public ways. 14.1.5: Whenever new telecommunications facilities will exhaust the capacity of a public way or utility easement to reasonably accommodate future telecommunications carriers or facilities, the Grantee shall provide, at no cost to City, additional ducts, conduits, manholes,handholes and other facilities for nondiscriminatory access to future telecommunications carriers or use alternate routes,subject to approval from the City. Section 14.2: Compliance with Laws: All Grantees shall,before commencing any construction in the public ways,comply with all local, state and federal laws and regulations and continue to comply with them throughout the License or Franchise. Section 14.3: Permits: All Grantees are required to obtain all applicable permits for telecommunications facilities as required in this Agreement. However, nothing shall prohibit the City and a Grantee from agreeing to an alternative plan to review permit and construction procedures in an agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. Section 14.4: Public Works: The rights and privileges granted by this Agreement shall not be in preference or hindrance to the rights of the City and any other lawful governmental authorities having jurisdiction to perform or carry out any public works or public improvements. Should the telecommunications system interfere with the construction, maintenance or repair of such public works or improvements, Grantee, at its sole expense, shall protect or relocate the telecommunications system, or any applicable part thereof,as directed by the City or other governmental authorities having jurisdiction. Sitters License Agreement-FINAL 3.17.14.doc 7 Section 14.5: Use of Public Ways: 14.5.1: Grantee, in any opening it shall make in the public ways of the City, shall be subject to the provisions of this Agreement and to all applicable ordinances, codes and regulations of the City. The telecommunications system of the Grantee shall be located so as not to interfere with the public safety or with the convenience of persons using the public ways. 14.5.2: The City reserves the right by resolution of the City Council or otherwise through proper representatives of the City to specifically designate the location of the telecommunications system of Grantee with reference to municipal facilities,such as sewer and water mains, drainage facilities,fiber optic cable,signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a manner as to protect the public safety and public and private property and to facilitate the creation of a convenient, attractive and harmonious community. Failure by the City to so designate does not relieve Grantee of its responsibilities in matters of public safety as provided in this Agreement. Grantee shall construct, maintain and locate its telecommunications system so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical,signal and fiber optic facilities of the City. 14.5.3: Except in the cases of emergencies,Grantee shall at all times comply with Section 30-60 et seq.of the Code of the City of Roanoke, 1979, as amended, with respect to any opening it shall make in the public ways of the City. Grantee shall not extend beyond the locations specified in Exhibit 1 its telecommunications system in any public way unless prior written notice of its intention to do so is given to the City Manager and permission in writing to do so is granted by the City Manager or such requirement is waived by the City Manager. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, with such other terms and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways of the public, the City or by any public utility or any public service corporation for their respective purposes and functions. Such work by Grantee shall also be coordinated with the City's annual paving program through the City Transportation Division Manager, or other designated City Department. This includes the City of Roanoke Right of Way Excavation and Restoration Standards, Revised July 1,2013,and as they may be amended. Sidera License Ay.„,uene-FINAL 3.17.I4.doc 8 14.5.4: The City does require that written permits, in any and all cases, be obtained by Grantee whenever it becomes necessary for Grantee to excavate in the public ways in order to install,construct,maintain or extend the telecommunications system. Such permits are applicable to any and all types of excavations in the public ways, and City Council may,by resolution,establish a fee for each excavation made in a public way. Such permits may require the particular part or point of the public ways where construction or excavation is to be conducted, the length of time in which such permit shall authorize such work to be done and the hours of each day during which such work shall be undertaken. A single permit may be issued for multiple excavations to be made in public ways; provided, however, any public way opening fee established by City Council shall apply to each excavation made in public ways of the City. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of service. hr the case of emergency excavations made in the public ways without permit, Grantee may make a report of each such excavation to the City within two (2) working days and pay such fee as may be established by City Council for excavations in public ways. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay the Grantee in discharging its public service obligation. Any fees for permits or inspections charged by the City shall be based on the City's costs of administering the program of issuing permits and conducting inspections. 14.5.5: Immediately after installation, repair or extension of the telecommunications system or any portion thereof or any pavement cut by Grantee in any public way of the City, the incidental trenches or excavations shall be refilled by Grantee in a manner consistent with the City of Roanoke Right of Way Excavation and Restoration Standards, Revised July 1, 2013, and as they may be amended. Grantee shall maintain,repair and keep in good condition for a period of two (2) years following such disturbance all portions of public ways disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. 14.5.6: Grantee shall promptly remove or correct any obstruction,damage,or defect in any public way which was caused by Grantee in the installation, operation, maintenance or extension of Grantee's telecommunications system. Any such obstruction,damage,or defect which is not promptly removed,repaired or corrected by Grantee after proper notice to do so,given by the City to Grantee,may be removed or corrected by the City,and the cost thereof shall be charged against Sides License Agreement-FINAL 3.17.14.doc 9 Grantee and may be enforced as a lien upon any of Grantee's properties or assets subject to any prior existing liens. Any expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, communication facilities or other property resulting from construction, operation, maintenance or extension of Grantee's telecommunications system shall be borne by Grantee and any and all expense and cost incurred in connection therewith by the City shall be fully reimbursed by the Grantee to the City. (a) If weather or other conditions do not permit the complete restoration required by this Section, the Grantee shall temporarily restore the affected public ways or property. Such temporary restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (b) A Grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal,state, and local laws and regulations, including the Virginia Department of Transportation flagging requirements. 14.5.7: Grantee shall not open,disturb or obstruct,at any one time,any more of the public ways than reasonably may be necessary to enable it to proceed in laying or repairing its telecommunications system. Neither shall Grantee permit any public ways so opened, disturbed or obstructed by it in the installation,construction,repair or extension of its telecommunications system to remain open or the public way disturbed or obstructed for a longer period of time than reasonably shall be necessary. In all cases where any public ways shall be excavated,disturbed or obstructed by Grantee,Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs,barricades, signals and other devices necessary or proper to adequately give notice,protection and warning to the public of the existence of all actual conditions present. 14.5.8: Whenever the City shall widen,reconstruct,realign,pave or repave, or otherwise work on any public ways,or shall change the grade or line of any public ways, or shall construct or reconstruct any water, sanitary sewer, storm sewer,drainage or communications facility of Sclera License Agreement-FINAL 3.17.14.doc 10 the City, it shall be the duty of Grantee to move, alter or relocate its telecommunications system or any part thereof as requested by the City at Grantee's cost and expense and as may be provided by applicable law. Upon written notice by the City Manager of the City's intention to perform work as specified above,Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements. Should the Grantee fail,refuse or neglect to comply with such notice,the telecommunications system or any part thereof may be removed,altered or relocated by the City,the cost of which shall be paid by Grantee,and the City shall not be liable to Grantee for any damages resulting from such removal,alteration or relocation. In cases where Grantee believes the costs of relocation by Grantee would be cost prohibitive and an alternative location of the City's facilities would be feasible, the City and Grantee may jointly evaluate whether Grantee could reasonably pay any additional costs to the City of the alternative City facility location in lieu of relocating Grantee's facilities. Section 14.6: Damage to Property: No Grantee nor any person acting on a Grantee's behalf shall take any action or permit any action to be done which may impair or damage any City Property,public ways or other areas of the City,or other property located in,on or adjacent thereto. Section 14.7: Repair and Emergency Work: In the event of an unexpected repair or emergency,a Grantee may commence such repair and emergency response work as required under the circumstances,provided the Grantee shall notify the City as promptly as possible,before such repair or emergency work is started or as soon thereafter as possible if advance notice is not practicable,but in no event later than 2 working days. Section 14.8: Maintenance of Facilities: Each Grantee shall maintain its facilities in a good and safe condition and in a manner that complies with all applicable federal, state and local requirements, laws, ordinances, and regulations. Section 14.9: Safety Standards. Grantee shall at all times employ a high standard of care and shall install and maintain and use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries or nuisances to the public. Section 14.10: Police Power. All rights and privileges granted hereby are subject to the lawful exercise of the police power of the City to adopt and enforce local laws, rules and regulations necessary to the health, safety and general welfare of the public. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Agreement,any License or Franchise and existing laws, Sider License Agreement-FINAL 3.17.14.doe 11 such additional ordinances and regulations as are necessary for the lawful exercise of its police power for the benefit and safety of the public. Section 14.11: Relocation or Removal of Facilities: Within thirty(30) days following written notice from the City, a Grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the City shall have determined that such removal,relocation,change,or alteration is reasonably necessary for: 14.11.1: The construction, repair, maintenance or installation of any City facilities or other public improvement in or upon the public ways. 14.11.2: The operations of the City or other governmental entity in or upon the public ways. Section 14.12: Removal of Unauthorized Facilities: Within thirty (30) days following written notice from the City, any Grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system,facility or related appurtenances within the public ways or other areas of the City shall, at its own expense, remove such facilities or appurtenances from the public ways or other areas of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: 14.12.1: Upon expiration or termination of the Grantee's telecommunications License or Franchise. 14.12.2: Upon abandonment of a facility within the public ways of the City. 14.12.3: If the system or facility was constructed or installed without the prior grant of a telecommunications License or Franchise. 14.12.4: If the system or facility was constructed or installed without the prior issuance of a required construction permit. 14.12.5: If the system or facility was constructed or installed at a location not permitted by the Grantee's telecommunications License or Franchise. 14.12.6: Such other circumstances as the City may determine that shows telecommunications system or facility is unauthorized. Section 14.13: Emergency Removal or Relocation of Facilities: The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways or other areas of the City as the City may determine to be necessary,appropriate or useful in response to any public health or safety emergency. The City will endeavor to notify telecommunications carvers of emergencies which may impact their telecommunications facilities by either attempting to notify the caner or the appropriate sidaa License Agreement-FINAL 3.17.14.doe 12 notification center. Nothing herein shall create any duties or obligations on the City to so notify said telecommunications carriers nor shall the City,its officers,agents,employees,or volunteers in any way be liable for any failure to notify said telecommunications carriers or notification center. Section 14.14: Damage to Grantee's Facilities: The City,its officers,agents,employees,or volunteers shall not be liable for any damage to or loss of any telecommunications services or any telecommunications facility within the public ways or any other areas of the City as a result of or in connection with any public works,public improvements,construction,excavation,grading,filling,or work or activity or lack of any activity of any kind by or on behalf of the City. Section 14.15: Facilities Maps: Grantee shall provide the City with"as built" drawings and an accurate map or maps in an electronic form agreed to by City and Grantee certifying the location of all of Grantee's telecommunications facilities within the City. To the extent City and Grantee cannot agree on an appropriate electronic form for the above referenced map or maps,Grantee agrees to provide City with such information in hard copy or paper format. Grantee shall, upon request,provide updated maps in accordance with this Section on an annual basis. Section 14.16: Duty to Provide Information: Within ten(10)days of a written request from the City,each Grantee shall furnish the City with information sufficient to demonstrate: 14.16.1: That Grantee has complied with all requirements of this Agreement. 14.16.2: That all municipal sales, telecommunications taxes, utility taxes or any other taxes or charges due the City in connection with the telecommunications services or facilities provided by the Grantee have been properly collected and/or paid by the Grantee. Section 14.17: Leased Capacity: Grantee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to persons;provided,Grantee shall provide City written notice when capacity or bandwidth is leased to another telecommunications carrier or telecommunications provider. Grantee shall only be required to provide such notice on the first occasion each telecommunications carrier or telecommunications provider comes within the above notice requirement. Section 14.18: Insurance and Bond Requirements: (a) Requirement of insurance. Grantee shall,at its expense,obtain and maintain during the life of any License or Franchise the insurance and bonds required by this Agreement. Any required insurance and bonds shall be effective prior to the beginning of any work by Grantee within the City. All such insurance shall be primary and noncontributory to any insurance or self-insurance the City may have. Sidera License Agreement-FIN AL 3.17.14.doc 13 (b) Commercial General Liability. Grantee shall maintain during the life of its License or Franchise Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss,cost,damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of its License/Franchise or arising out of the License/Franchise. The minimum limits of liability for this coverage shall be $10,000,000 combined single limit for any one occurrence. (c) Contractual Liability. Grantee shall maintain during the life of its License/Franchise broad form Contractual Liability insurance including the indemnification obligation set forth in this Agreement. (d) Workers' Compensation. Grantee shall maintain during the life of its License/Franchise Workers' Compensation insurance covering Grantee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under its License/Franchise. Minimum limits of liability for Employer's Liability shall be$100,000 bodily injury each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the Grantee's insurance company shall waive rights of subrogation against the City, its officers, agents, employees and volunteers. (e) Automobile Liability. Grantee shall maintain during the life of its License/Franchise Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under its License/Franchise. (f) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of$10,000,000. 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 coverages required by subsections(b),(c),(d) and(e),and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Grantee to the City. (g) Pollution Liability Insurance. $1,000,000 each occurrence. Coverage shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Also the insurance will provide coverage for cleanup costs. Sides License Agreement-FINAL 3.17.14.doc 14 (h) Evidence of Insurance. All insurance, shall be written on an occurrence basis. In addition,the following requirements shall be met: (1) The Grantee shall furnish the City 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,the amount of such deductible being subject to approval by the City. (2) 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 provided to the City of Roanoke." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, agents, employees and volunteers as additional insureds with regard to general liability,auto,and pollution coverages and the certificate of insurance shall show if the policies provide such coverage. 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. Additional insured and waiver endorsements shall be received by Roanoke Risk Management from the insurer within 30 days of the beginning of this contract. The City's Risk Manager may approve other documentation of such insurance coverages. (4) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement or any License/Franchise granted under this Agreement shall be authorized to do business in the Commonwealth of Virginia. (5) The Grantee shall notify the City in writing within five(5)calendar days if any of the insurance coverages or policies are cancelled, changed, or modified and Grantee shall immediately replace such policies and provide documentation of such to the City. (i) Bond. Grantee shall post and maintain for the life of its License/Franchise a performance bond in favor of the City in the amount of$50,000. The bond shall be issued by a bonding company approved by the City and authorized to do business in Virginia. Section 14.19: Indemnification: Grantee agrees and binds itself to indemnify, keep and hold the City, its officers, agents, employees and volunteers free and harmless from any and all claims, causes of action, Sclera License Agreement-FINAL 3.17.14.doc 15 damages or any liability on account of any injury or damage of any type to any persons or property growing out of or directly or indirectly resulting from any act or omission of Grantee,including but not limited to: (a)Grantee's use of the public ways or other areas of the City; (b)the acquisition,construction,reconstruction,erection, installation,operation, maintenance,repair or extension of Grantee's telecommunications facilities; (c)the exercise of any right or privilege granted by or under this Agreement or any License/Franchise;or (d) the failure,refusal or neglect of Grantee to perform any duty imposed upon or assumed by Grantee by or under this Agreement or any License/Franchise. In the event that any suit or proceeding shall be brought against the City at law or in equity, either independently or jointly with Grantee on account of anything set forth above,Grantee,upon notice given to it by City, will defend the City in any such action or other proceeding, at the cost of the Grantee;and in the event of any settlement or final judgment being awarded against the City, either independently or jointly with Grantee, then Grantee will pay any such settlement or judgment or will comply with such decree,pay all costs and expenses of whatsoever nature and hold the City, its officers, agents, employees and volunteers harmless therefrom. Section 14.20: Hazardous Materials: 14.20.1 While on or near City's property or easement or in its performance pursuant to this Agreement Grantee shall not transport,dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Agreement and in any event Grantee shall comply with all federal, state, and local laws, rules,regulations,and ordinances controlling air,water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of City's acquiescence,Grantee shall indemnify and hold City,its officers,agents,employees and volunteers harmless from all costs,claims,damages,causes of action,liabilities,fines or penalties, including reasonable attorney's fees, resulting from Grantee's violation of this paragraph and agrees to reimburse City for all costs and expenses incurred by City in eliminating or remedying such violations. Grantee also agrees to reimburse City and hold City, its officers,agents,employees and volunteers harmless from any and all costs, expenses, attorney's fees and all penalties or civil judgments obtained against any of them as a result of Grantee's use or release of any hazardous material, substance or waste onto the ground or otherwise,or into the water or air from,near or upon City's premises. 14.20.2 The Grantee shall protect, indemnify, and hold harmless the City from any and all demands for fees, claims, suits, actions, causes of action,or judgments based on the alleged infringement or violation of any patent, invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any telecommunication facilities or the provision of telecommunications service. Sides License Agreement-FINAL 3.17.14.doe 16 Section 14.21: Performance and Labor and Material Surety: Before a License or Franchise or this Agreement is effective,and as necessary thereafter,the Grantee shall provide and deposit such monies,bonds,letters ofcredit or other instruments in form and substance acceptable to the City as may be required by this License or Franchise Agreement. Section 14.22: Bonds: Within 10 consecutive calendar days after the effective date of the Agreement but before any construction is commenced,Grantee shall furnish to the City a performance bond and a labor and material payment bond each made payable to the City in the amount of one hundred (100%)of the estimated cost of constructing Grantee's telecommunications facilities for the construction covered by each permit,which in no event shall be less than$50,000,within the public ways or other areas of the City. The Performance Bond is to guarantee that the project will be free of defective workmanship and materials discovered after completion and that the work is done in a proper manner without damage to the public ways or other areas of the City. The bonds shall be written by a corporate surety acceptable to the City and authorized to do business in the Commonwealth of Virginia. These performance and payment bonds shall remain in force until 60 days after completion of construction of Grantee's telecommunications facilities covered by each permit,as determined by the City and upon a certification of completion by Grantee. After the 60 day period has expired these performance and payment bonds may be extinguished by Grantee. However, the City reserves its right to require reimposition or to require Grantee to provide new performance and payment bonds in the event any material defaults are discovered in the existing system which, in the opinion of the City,present a need for reimposition of the bonds. 14.22.1: The bonds shall guarantee, to the satisfaction of the City: (a) timely completion of construction; (b) construction in compliance with applicable plans, permits, technical codes and standards; (c) proper location of the facilities as specified by the City; (d) restoration of the public ways and other property affected by the construction; (e) the submission of"as-built"drawings after completion of the work as required by this Agreement. (f) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. (g) removal of the telecommunications facilities, if required by the terms of this Agreement Sidera license Agreement.FINAL 3.17.14.doc 17 Section 14.23: Coordination of Construction Activities: All Grantees are required to cooperate with the City and with each other and all construction locations,activities and schedules shall be coordinated,as ordered by the City Transportation Division Manager,to minimize public inconvenience,disruption or damages. Section 14.24: Transactions Affecting Control of Grant: Any transactions which singularly or collectively result in a change of fifty percent(50%)or more of the ownership or working control of the Grantee, of the ownership or working control of a telecommunications License or Franchise,of the ownership or working control of affiliated entities having ownership or working control of the Grantee or of a telecommunications system, or of control of the capacity or bandwidth of Grantee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to this Agreement,which shall not be unreasonably withheld. Transactions between affiliated entities are not exempt from City approval. Section 14.25: Leasing of Facilities: Grantee shall not lease or license any of its telecommunications facilities, including any conduit or duct space in its telecommunications system,to any telecommunications carrier or telecommunications provider for the placement of any additional telecommunications facilities without first providing City advanced written notice. Grantee shall only be required to provide such notice on the first occasion each telecommunications carrier or telecommunications provider comes within the above notice requirement. Section 14.26: Nonenforcement by City: Grantee shall not be excused from complying with any of the terms and conditions of this Agreement or any License or Franchise by any failure of the City, upon any one or more occasions,to insist upon Grantee's performance or to seek Grantee's compliance with any one or more of such terms or conditions of this Agreement or the terms and conditions of any License or Franchise. Section 15: Construction Standards Section 15.1.General: Grantee shall not commence or continue with the construction, installation or operation of telecommunications facilities within the City except as provided in this Agreement. Section 15.2: Construction Codes: Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local laws, codes, rules and regulations including the National Electrical Safety Code. Section 15.3: Permits: No person shall construct or install any telecommunications facilities within the City without first obtaining all appropriate permits therefor, provided,however: Sidera License Agreement-FINAL 3.17.14.doc 18 15.3.1: All construction shall be coordinated with the City Transportation Division Manager, or other designated City Department, and the City's annual paving program. Section 15.4: Applications: Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: 15.4.1: That the facilities will be constructed in accordance with all applicable laws,codes,rules and regulations. 15.4.2: The location and route of all facilities to be installed on existing or replacement utility poles. 15.4.3: The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways or other areas of the City. 15.4.4: The location of all existing underground utilities, conduits, ducts, pipes,mains,manholes,handholes,junction points and installations which are within the public ways along the underground route proposed by the applicant. 15.4.5: The location of all other facilities to be constructed within the City, but not within the public ways. 15.4.6: The specific construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways. 15.4.7: The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant,together with a landscape plan for protecting,trimming,removing,replacing and restoring any trees or areas to be disturbed during construction. Section 15.5: Engineer's Certification: All permit applications shall be accompanied by the certification of a registered professional engineer that the drawings,plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. Section 15.6: Traffic Control Plan: All permit applications which involve work on,in,under,across or along any public ways or other areas of the City shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed,consistent with applicable local,state Sidera License Agreement-FINAL 3.17.14.doc 19 and federal laws and regulations,to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. Section 15.7: Issuance of Permit: Within twenty(20)working days after submission of all plans and documents required of the applicant and payment of the fees required by this Agreement, and compliance with the provisions of the Virginia Code, the City, if satisfied that the applications, plans and documents comply with all requirements of this Agreement,will issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time,place and manner of performing the work as may be deemed necessary or appropriate. Section 15.8: Construction Schedule: The Grantee shall submit a written construction schedule to the City Transportation Division Manager ten(10)working days before commencing any work in or about the public ways. The Grantee shall further notify the City Transportation Division Manager not less than five (5)working days in advance of any excavation or work in the public ways and shall comply with the provisions of the Virginia Underground Utility Damage Prevention Act, Virginia Code§ 56-265.14 et. seq. Section 15.9: Compliance with Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The City and its representatives shall be provided access to the work and such further information as it may require to ensure compliance with such requirements. Section 15.10: Display of Permit: The Grantee shall maintain a copy of the construction permit and approved plans at the construction site,which shall be displayed and made available for inspection by the City at all times when construction work is occurring. Section 15.11: Survey of Underground Facilities: The Grantee shall supply and specify the location of all facilities by depth, line, grade, proximity to other facilities or other standard, the Grantee shall cause the location of such facilities to be verified, to the extent required,by a registered state surveyor. The Grantee shall relocate,at its expense, any facilities which are not located in compliance with permit requirements. Section 15.12: Noncomplying Work: Upon direction of the City, all work which does not comply with the permit,the approved plans and specifications for the work,or the requirements of this License or Franchise,shall be removed at the sole expense of Grantee. Section 15.13: Completion of Construction: The Grantee shall promptly complete all construction activities so as to minimize disruption of the City public ways and other public and private property. All construction work Sidera License Agreement-FINAL 3.17.14.doc 20 authorized by a permit within City,including restoration,must be completed within 120 days of the date of issuance of the permit. Section 15.14: As-Built Drawings: Within sixty(60) days after completion of construction, the Grantee shall furnish the City with two (2) complete sets of as built plans, drawn to scale and certified to the City as accurately depicting the actual location of all telecommunications facilities constructed pursuant to the Agreement or permit and shall include a digitized map(s)in both printed and electronic form readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the City's Survey Control monuments and geographic information system. Section 15.15: Restoration of Public Ways,Other Ways and City Property: Immediately after installation,repair or extension of the telecommunications facilities or any portion thereof or any pavement cut by telecommunications carriers in any public way or other areas of the City, the incidental trenches for excavation shall be refilled by telecommunications carriers in a manner consistent with the City of Roanoke Right of Way Excavation and Restoration Standards, Revised July 1,2013,and as they may be amended. Telecommunications carriers shall maintain,repair and keep in good condition for a period of two (2) years following such disturbance all portions of public ways or other areas disturbed by telecommunications carriers. 15.15.1: If weather or other conditions do not permit the complete restoration required by this Section, the Grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 15.15.2: A Grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person,vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including the Virginia Department of Transportation flagging requirements. Section 15.16: Landscape Restoration: 15.16.1: All trees,landscaping and grounds removed,damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecommunications facilities, whether such work is done pursuant to a Franchise,License,or permit must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work. Sidaa License Agreement-FINAL 3.17.14.doc 21 15.16.2: All restoration work within the public ways or other areas shall be done in accordance with landscape plans approved by the City Transportation Division Manager. Section 15.17: Performance and labor and material payment surety: Prior to issuance of any permits,the Grantee shall provide a performance bond and a labor and material payment bond, as required in this Agreement. Section 15.18: Responsibility of Owner: The owner of the facilities to be constructed and, if different, the License or Franchise Grantee, are responsible for performance of and compliance with all provisions of this Agreement. Section 15.19: Controlling Law: This Agreement shall be construed and enforced in accordance with the substantive law of the Commonwealth of Virginia and any applicable federal laws. Section 15.20: Captions: The paragraph Captions and Headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Section 15.21: Construction of Terms: The terms and provisions of this Agreement and the Agreement Documents shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if both parties jointly prepared such documents. Section 15.22: Nondiscrimination: A. Grantee shall not discriminate on the basis of race, religion, color, sex or national origin in its employment practices, contracting or provision of services. B. The City represents and warrants that all telecommunications carriers or providers having facilities in the public ways within the City are being treated on a competitively neutral and non-discriminatory basis and have either(i) executed agreements with the City containing substantially similar terms as contained herein, or(ii)are using the City's public ways under preexisting franchises that continue to be in effect. Section 16: Commencement of Work: Licensee will not commence any work within the City until detailed plans have been provided to and approved by the City Transportation Division Manager,or other designated City Department. Sides License Agreement-FINAL 3.17.14.doc 22 Section 17: City of Roanoke Right of Way Excavation and Restoration Standards-Revised July 1,2013,and as they may be amended. The City has adopted the City of Roanoke Right of Way Excavation and Restoration Standards- Revised July 1, 2013, and as they may be amended. Should there be any conflict between the provisions of this Agreement and such Standards, the more stringent provisions shall apply. Section 18: Installation of Additional Conduit for the City: At the time any trench, or other opening, is opened for installation or maintenance of conduit or underground cable or other device, Licensee shall give the City at least twenty(20)days advance written notice of such work and inform the City of the incremental cost of installing one additional conduit for the exclusive use of the City of such dimension as specified by the City. If the City directs Licensee in writing, Licensee shall install such an additional conduit at a charge no greater than the actual incremental cost of labor and materials for such additional conduit. All construction activities of Licensee shall be conducted in a workmanlike manner that will cause minimum interference with the rights and reasonable convenience of the public's and other utilities'use of the Streets and of the property owners directly affected thereby. Licensee shall maintain all structures, cable,fiber,conduits,and related equipment that are located in,over,under,and upon the Streets in a safe, suitable,substantial condition and in good order and repair at all times. Section 19: Forum Selection and Choice of Law: This License shall be governed by,and construed in accordance with,the laws of the Commonwealth of Virginia,without application of Virginia's conflict of law provisions. Venue and any actions for any litigation,suits,and claims arising from or connected with this License shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court,and all parties to this License voluntarily submit themselves to the jurisdiction and venue of such courts,regardless of the actual location of such parties. Section 20: Effective Date: The effective date of this License shall be , 2014. Section 21: Removal of Licensee's Facilities: If the City adopts a Telecommunications Regulatory Ordinance and/or Telecommunications License/Franchise Agreement and if Licensee is awarded a license or franchise or otherwise granted authority pursuant thereto,then on the effective date of any such award,the terms and conditions of that Telecommunications Regulatory Ordinance and/or License/Franchise Agreement shall supersede all the terns and conditions of this Agreement and this Agreement shall be automatically and immediately terminated. However, if Licensee is not awarded a license/franchise or otherwise granted rights by any future Telecommunications Ordinance or Agreement adopted by the City,or if the term of this Agreement expires or the rights granted to Licensee by this Agreement are revoked by the City,Licensee shall immediately cease operations within the City and shall not be permitted to operate,maintain or repair its existing encroachments or facilities and shall promptly remove any and all of Licensee's facilities and equipment within the City,all at the sole cost of Licensee. Sidera License Agreement-FINAL 3.17.14.doc 23 Section 22: Compliance With State Law,Foreign And Domestic Businesses Authorized To Transact Business In The Commonwealth Of Virginia: Licensee shall comply with the provisions of Virginia Code Section 2.2-4311.2,as amended,which provides that a business entity organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Licensee shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50,to be revoked or cancelled at any time during the term of the License. The City may void the License if the Licensee fails to remain in compliance with the provisions of this section. Section 23: Entire Contract: This License, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties. This License may be amended only by written instrument properly executed by the parties. SIGNATURE PAGE TO FOLLOW. Sidera License Agreement-FINAL 3.17.14.doc 24 IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized representatives. Attest/Witness: CITY OF ROANOKE,VIRGINIA By Christopher P. Morrill,City Manager Printed Name and Title Attest/Witness: SIDE:. O S,LLLCC��-,, L'. 4. I. i2 / z/�%��%(SEAL) Pamela C. Hollis David L. Mayer Printed Name and Title Authorized Agent and > xeP„r I VP VP CORPORATE SEAL Approved a o Form: Approved as to Execution: P ^• cXttomey�� City Attorney Authorized by Ordinance No. • Sidera License Agreement-FINAL 3.17.14.doc 25 Attachment of Sidera Networks,LLC EXHIBIT #1 TO THE TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT BETWEEN CITY OF ROANOKE AND SIDERA NETWORKS,LLC Attached is the route of the Sidera Networks,LLC fiber optic network for the City of Roanoke. The Sidera Networks, LLC fiber optic network is approximately 1.7 fiber route miles in the City of Roanoke. Reference is made to the specific plans and specifications to be provided to the Office of the Roanoke City Transportation Division Manager or other designated City Department for greater detail. 7 SIDE A��IET� yJ-LC Typed Name David L. Mayer Title: Executive VP Sidera License Agreement-FINAL 3.17.14.doc 26 .,.J CITY OF ROANOKE k DEPARTMENT OF FINANCE S2.0.4 215 Church Avenue, SW,Suite 461 Roanoke,Virginia 24011-1220 Telephone: (540)853-2821 Fax: (540)853-6142 ANN H.SHAWVER,CPA ANDREA F.TRENT Director of Finance Assistant Director of Finance April 7, 2014 Dear Mayor Bowers and Members of City Council: Subject: February FY14 Financial Report - City of Roanoke The following financial report provides commentary on the City's financial results for the eight months ended February 28, 2014. FY14 year-to-date revenues decreased 2.0% or $2.5 million from FY13 as presented in the accompanying financial statements. The budgeted increase was 2.1% when comparing the FY14 adopted budget against the FY13 adjusted final results. The FY14 decreases were mainly related to the timing of real estate and business license tax payments, partially offset by increases in permits and fees, grants and aid from the Commonwealth, charges for services and miscellaneous revenue. The current revenue projection for FY14 is $2.4 million or 0.9% below the adopted budget. The main contributors to this anticipated revenue shortfall are underperforming sales and communications taxes. The City is continuously analyzing its revenue budget in light of recent economic trends. Significant year-to-year variances are explained in further detail in this report. Year-to-date expenditures in FY14 increased 3.2% from the prior year. The adopted expenditure budget for FY14 was 1 .7% or $4.3 million higher than the adjusted FY13 actual results. The primary drivers of the actual compared to budgeted increase were personnel expenses, the timing of payments for contracts, services and transfers such as paving and employee health services. These timing issues should be resolved by the end of the year. Major expenditure variances are described in further detail in the expenditure section of this report. Expenditure adjustments have been made to ensure that expenses align with the revised revenue forecast. Revenues: Commentary on the significant categories of revenues and/or significant revenue variance is provided as follows: General Property Tax revenues were below FY13 by 7.8% or $3.8 million. Real estate tax revenues declined 8.4% through February in FY14 primarily due to the timing of the receipt of escrow payment billings which were received earlier in the prior year and reassessments. Honorable Mayor and Members of Council April 7, 2014 Page 2 Other Local Tax revenues decreased 1 .7% or $658,000 compared to the same period in FY13. Business license taxes, due March 1 ", decreased significantly through February due to the timing of the payments, which were received earlier in the prior year. Similar to surrounding jurisdictions, FY14 Sales tax for the City has declined in FY14 with consumer spending thought to be further affected by severe winter weather. Sales tax also decreased when strong retail performance in FY13 related to activities that followed the derecho event was not repeated in FY14. Through January, Sales tax is approximately 2.1% below FY13 and 6.2% below FY14 adopted budget. The decline of local tax revenue was partially offset by an increase of 1 .5% in the Transient Occupancy tax (when adjusted for the tax rate change), 2.7% in the Prepared Food and Beverage tax, and 8.5% increase in Admissions tax. Fines and Forfeitures declined 19.6% or $174,000 from the prior year mainly as a result of reduced collection fees. Revenue from Use of Money and Property grew 20.9% or $1 7,000 primarily related to increased park rental fees, mainly at Elmwood Park for the upcoming festival season. Intergovernmental revenues were up 5.9% or $1 .8 million. 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 was increased street maintenance funding. The increase was partially offset by lower Comprehensive Services Act reimbursable expenses related to lower adult care and subsidized adoption expenditures. Internal Services increased 17.5% or $252,000 over FY13 primarily related to earlier reimbursement from the Risk Management Fund for employee health services charges. Transfers From Other Funds increased 115.3% or $58,000 primarily related to a transfer from the Capital Projects Fund for the purchase of Fire/EMS equipment. Transfers between funds can vary from year to year based on interfund activities. 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 7.8% or $756,000 over FYI 3. The main driver of the increase was the contract for employee health services, which was in place in FY14 but not yet in the prior year. Honorable Mayor and Members of Council April 7, 2014 Page 3 Public Works increased 6.8% or $1 .2 million from FY13. The increase was mainly related to higher street paving and maintenance expenditures in the current year, portions of which are funded by the Commonwealth on a quarterly basis. Community Development increased 20.7% or $795,000 over the prior year mainly related to the Roanoke Valley Convention and Visitors Bureau's (RVCVB) marketing initiative to increase the number of overnight visitors into the Roanoke area. This initiative was partially funded by a 1 .0% increase in the Transient Occupancy tax, effective January 1 , 2013. Transfer to School Fund increased 2.5% or $1 .2 million as a result of an increase in funding to Roanoke City Public Schools from the prior year. Nondepartmental increased 10.4% or $377,000 compared to FY13 primarily due to an increase in the transfer to the Capital Projects Fund related to the FY 2014-2018 Capital Improvement Plan. Also contributing was increased funding to the Greater Roanoke Transit Company in FY14. Civic Facilities Fund In February 2014, the Civic Center held 27 events with 42,697 attendees. Compared to the budget for FY14, this was four events and 21 ,203 attendees less than expected. Compared to February of the prior year, the total number of events increased by one, while the number of attendees decreased by 699 attendees. The programming at the Civic Center covers a wide variety of entertainment events which can cause comparisons between years to vary. Event highlights for February included the Kazim Shrine Circus, Professional Roughstock Rodeo, Monster Jam, Disney Live!, and the Harlem Globetrotters. In FY14 to date, there have been 174 events with 149,516 attendees. Overall attendance has decreased 1 5.6% or 27,564 compared to the prior year and the number of events has decreased by six. Operating Revenues for the fiscal year decreased 0.4% or $20,000 compared to the prior fiscal year and Operating Expenses increased by 2.5% or $1 37,000. The year-to-date Operating Loss for the Civic Center was $1 ,1 19,000. This was an additional loss of 16.3% or $157,000 compared to FY13. Through February, the net operating loss for Global Spectrum, which manages the Civic facilities, has underperformed $205,000 compared to their FY14 operating budget. Global Spectrum's current forecast projects that performance will be approximately $88,000 less than budgeted for the fiscal year. The year-to-date operating loss through Honorable Mayor and Members of Council April 7, 2014 Page 4 February was primarily due to lower than expected attendance to concerts and increased utilities expense. Event income from major concerts was $123,000 under budget as of February 28, 2014 due to lower than expected attendance and an event that did not occur. Additionally, income from minor concerts was under budget by $63,000 in FY14 due to fewer events than budgeted. Utility expense was $149,000 over budget due to increased utility costs related to severe winter weather and expenses from several water leaks. Savings from recent HVAC and electrical upgrades will have positive impacts in the future, as will conversion to LED lighting. A new Governmental Accounting Standards Board (GASB) statement (No. 65) changed the way certain debt-related costs were reported. These costs were previously amortized over the life of the debt. In accordance with the statement, these expenditures must be recognized within the year incurred and no longer amortized. The Civic Center implemented GASB statement 65 during FY14. As a result, the Civic Center reported a one-time interest expense of $120,000 in FY14. Change in Net Position for FY14 was a decrease of $518,000, compared to a FY13 decrease of $277,000, a deterioration of $241 ,000. This deterioration was partially the result of the one-time interest expense outlined above. Excluding the one-time interest expense, Change in Net Position deteriorated $121 ,000 compared to FY13. April programs include a concert by Hunter Hayes, the Broadway production American Idiot, the annual PetEx exposition, and a performance by the Roanoke Symphony Orchestra. A concert by Jason Aldean has sold out and will take place in May. Parking Fund The City's Parking Fund operates seven garages and six 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 February decreased 0.7% or $1 5,000 compared to FY13. The Center in the Square Garage saw a significant increase in revenue from short-term parking. Campbell Garage also showed strong performance. An increase in residential parkers at the Church Avenue Garage partially offset lost revenue that accumulated earlier in the fiscal year. Decreased revenues at Elmwood Park Garage were due to the timing of large payments made by business clients and were not reflective of overall operations. In total, six parking facilities are outperforming FY13, and seven are not. Operating revenues, excluding on-street parking tickets and special projects, decreased $49,000 or 2.6% compared to FY13. On street parking ticket revenues declined about $34,000 or 1 3.4%. Honorable Mayor and Members of Council April 7, 2014 Page 5 Operating expenses increased $72,000 or 6.4% in FY14 compared to FY13. This was primarily due to an increase in special projects expense. A new Governmental Accounting Standards Board (GASB) statement (No. 65) changed the way certain debt-related costs were reported. These costs were previously amortized over the life of the debt. In accordance with the statement, these expenditures must be recognized within the year incurred and no longer amortized. The Parking Fund implemented GASB statement 65 during FY14. As a result, the Parking Fund reported a one-time interest expense of $119,000 in FY14. Excluding the one-time interest expense adjustment, the Parking Fund overall net position decreased $75,000. With the recognition of interest expense, the overall net position decreased $194,000, compared to an increase of $34,000 in the prior year. City of Roanoke Pension Plan In February 2014, the Market Value of the City's Pension Plan Trust surpassed the record high in October 2007. The Pension Trust Fund experienced an investment gain of 16.9% for the fiscal year-to-date through February 2014, 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 above the Policy Portfolio benchmark performance of 14.5% primarily due to performance in the domestic equity and fixed income categories. Pension Plan investment decisions are made with a long-term view, and the Roanoke Plan has outperformed its benchmark in all measures. For the eight month period ending February 2014, Plan Net Assets increased $42.6 million. This was a result of $8.2 million in employer contributions and $55.8 million in net investment gains offset by $21 .4 million in benefit payments and Plan administrative expenses. Benefits Paid to Participants increased 3.7% due to a combination of a 1 .4% cost of living adjustment provided to eligible retirees effective July 1 , 201 3 and higher retirement allowances having been earned by more recent retirees. Closing In closing, the US economic recovery has slowed in recent months, which was hampered by the extreme winter weather. The US unemployment rate rose to 6.7% in February, even as the economy added more jobs than the initial estimate. The Roanoke City unemployment rate was 5.8% in December, the lowest since January 2009. Despite the temporary economic weaknesses in the first quarter of 2014, economists expect real Honorable Mayor and Members of Council April 7, 2014 Page 6 GDP growth in the U.S. for the year. The Federal Reserve is continuing its policy to hold interest rates at all-time lows and predicts this will continue at least through late 2014. The City's fiscal 2014 revenues through February were down 2.0% compared to the prior year. The timing difference in business license tax and real estate escrow payments and underperformance of sales tax revenues were the main drivers of the decline. Expenditures outpaced the prior year by 3.2%, but remained within budget. The increase in expenditures was partially related to the timing of several large contracts and payments for services. 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, /We _ �. w Ann H. Shawver Director of Finance Attachments c: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development 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 GENERAL FUND FOR THE EIGHT MONTHS ENDED FEBRUARY 28,2014 STATEMENT OF REVENUE (UNAUDITED) Current Revenue Actual(Restated) Actual Percent of Revenue Budget July 1• February July 1- February FY14 vs FY13 Budget Revenue Source Budget Variance 2013-2014 2012-2013 Variance Received General Property Taxes $ 105,388,000 $ (61,065.545) $ 44,322,455 $ 48,095,838 (7.8%) 42.1% Other Local Taxes 74,518,000 (35,338,482) 39,179,518 39,837,383 (1.7%) 52.6% Permits,Fees and Licenses 1,034,000 (285,479) 748,521 716,087 4.5% 72.4% Fines and Forfeitures 1,592,000 (877,065) 714,935 889,021 (19.6%) 44.9% Revenue from Use of Money and Property 214,000 (115,167) 98,833 81,738 20.9% 46.2% Intergovernmental 65,722,000 (34,040,992) 31,681,008 29,921,902 5.9% 48.2% Charges for Services 8,508,000 (3,523,776) 4,984,224 5,039,580 (1.1%) 58.6% Internal Services 2,507,000 (812,816) 1,694,184 1,441,913 17.5% 67.6% Transfers From Other Funds 107,700 - 107,700 50,012 115.3% 100.0% Miscellaneous Revenue 550,000 (229,451) 320,549 255,411 25.5% 58.3% Total $ 260,140,700 $ (136,288,774) $ 123,851,926 $ 126,328,886 (2.0%) 47.6% Note: Other Local Taxes and Intergovernmental Revenues have been restated for net transfers of Public Facilities Tax recorded In error as Local Sales Tax relating to the Hotel Roanoke STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Actual Actual Percent of Expenditure Uncommitted July 1- February July 1- February FY14 vs FY13 Budget Expenditures Budget Balance 2013-2014 2012-2013 Variance Obligated General Government $ 14,204,146 $ 3,814,938 $ 10,389,207 $ 9,633,341 7.8% 73.1% Judicial Administration 8,027,131 2,528,982 5,498,149 5,304,652 3.6% 68.5% Public Safety 61,850,395 17,313,097 44,537,298 43,323,276 2.8% 72.0% Public Works 26,116,663 7,023,881 19,092,783 17,872,944 6.8% 73.1% Health and Welfare 36,961,483 13,702,976 23,258,507 23,107,575 0.7% 62.9% Parks,Recreation and Cultural 9,698,966 2,932,405 6,766,561 6,737,608 0.4% 69.8% Community Development 7,008,451 2,365,651 4,642,800 3,847,716 20.7% 66.2% Transfer to Debt Service Fund 13,225,490 665,277 12,560,213 12,964,544 (3.1%) 95.0% Transfer to School Fund 74,506,400 24,835,464 49,670,936 48,478.911 2.5% 66.7% Nondeparlmental 10,103,632 6,105,700 3,997,932 3,621,157 10.4% 39.6% Total 261,702,756 $ 81,288,371 $ 180,414,385 $ 174,891,724 3.2% 68.9% 1 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2014 (UNAUDITED) FY 2014 FY 2013 Operating Revenues Rentals $ 2,268,946 $ 2,592,436 Event Expenses 1,353,067 908,083 Advertising 86,620 104,028 Admissions Tax 303,308 303,766 Facility Surcharge/Ticket Rebate 279,821 302,955 Commissions 104,521 174,273 Ancillary 68,915 64,057 Miscellaneous 77,637 113,540 Total Operating Revenues 4,542,835 4,563,138 Operating Expenses Personal Services 722,439 827,761 Operating Expenses 4,085,264 3,845,209 Management Fees 250,115 244,824 Depreciation 603,772 607,269 Total Operating Expenses 5,661,590 5,525,063 Operating Loss (1,118,755) (961,925) Nonoperating Revenues/(Expenses) Investment Income 62,368 38,055 Interest Expense* (478,307) (325,364) Net Nonoperating Expenses (415,939) (287,309) Loss Before Transfers and Contributions (1,534,694) (1,249,234) Transfers and Contributions Transfer from General Fund 1,017,097 1,013,068 Transfer to Debt Service Fund - (40,825) Net Transfers and Contributions 1,017,097 972,243 Change in Net Position $ (517,597) $ (276,991) * Interest Expense for FY 2014 includes a one-time adjustment of$120,000 for the implementation of GASB statement 65. 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2014 (UNAUDITED) FY 2014 FY 2013 Operating Revenues Market Garage $ 317,465 $ 314.997 Elmwood Park Garage 308,158 384,369 Center in the Square Garage 230,391 196,657 Church Avenue Garage 358,413 382,116 Tower Garage 256,487 251,217 Gainsboro Garage 82,547 88,198 Campbell Garage 82,818 58,808 Williamson Lot 54,881 60,562 Higher Ed Center Lot 37,652 37,918 Market Lot 16,896 14,665 Elmwood Lot 46,540 60,486 Warehouse Row Lot 20,465 27,347 West Church/YMCA Lots 19,703 17,513 Off Street Parking Violations(All Locations) 35,451 22,345 On Street Parking Violations 220,062 254,069 Other Income 68,097 - Total Operating Revenues 2,156,026 2,171,267 Operating Expenses Operating Expenses 1,188,472 1,116,614 Depreciation 651,184 633,250 Total Operating Expenses 1,839,656 1,749,864 Operating Income 316,370 421,403 Nonoperating Revenues/(Expenses) Investment Income 48,961 35,321 Miscellaneous - 17,455 Interest Expense* (548,477) (440,668) Net Nonoperating Expenses (499,516) (387,892) Income/(Loss) Before Transfers and Contributions (183,146) 33,511 Transfers and Contributions Transfer to Capital Projects Fund (11,280) - Net Transfers and Contributions (11,280) - Change in Net Position $ (194,426) $ 33,511 * Interest Expense for FY 2014 includes a one-time adjustment of$119,000 for the implementation of GASB statement 65. 3 CITY OF ROANOKE,VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED FEBRUARY 28,2014 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 FEBRUARY 28,2014 BALANCE AT BALANCE AT BALANCE AT JANUARY 31,2014 RECEIPTS DISBURSEMENTS FEBRUARY 28,2014 FEBRUARY 28,2013 CONSOLIDATED FUNDS $ 41,059,704.06 28 090 365.31 $30,813,748.54 $ 38,336,320.83 $ 57,313,532.80 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 FEBRUARY 28.2014 THAT SAID FOREGOING: CASH CASH IN HAND $29,099.21 CASH IN WELLS FARGO BANK 2,141,265.58 CASH IN VALLEY BANK 2,949.71 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 8,261,647.18 SMITH BARNEY GOVERNMENT MONEY MARKET FUND 2,014,282.87 CERTIFICATES OF DEPOSIT 3,008,512.75 U.S.AGENCIES 1,000,000.00 VIRGINIA SNAP PROGRAM(U.S.SECURITIES) 6,787,339.84 VALLEY BANK MONEY MARKET 10,091,223.69 VIRGINIA INVESTMENT POOL 5,000,000.00 TOTAL $ 38,336,320.83 i , March 18,2014 L--/ • at A214 EVELYN W .OWERS,TREASURER 4 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET POSITION FOR THE EIGHT MONTHS ENDED FEBRUARY, 2014 (UNAUDITED) FY 2014 FY 2013 Additions Employer Contributions $ 8,206,093 $ 6,932,688 Investment Income Net Appreciation in Fair Value of Investments 48,521,709 31,916,209 Interest and Dividend Income 7,979,760 4,640,590 Total Investment Gain 56,501,469 36,556,799 Less Investment Expense 668,781 559,749 Net Investment Gain 55,832,688 35,997,050 Total Additions $ 64,038,781 $ 42,929,738 Deductions Benefits Paid to Participants $ 21,019,666 $ 20,271,349 Administrative Expenses 429,348 309,709 Total Deductions 21,449,014 20,581,058 Net Increase 42,589,767 22,348,680 Plan Net Position Available for Benefits: Fund Balance July 1 347,126,105 320,545,500 Fund Balance February 28 $ 389,715,872 $ 342,894,180 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET POSITION February 28, 2014 (UNAUDITED) FY 2014 FY 2013 Assets Cash $ 915,878 $ 856,235 Investments, at Fair Value 391,445,303 344,601,388 Accounts Receivable 19,157 - Due from Other Funds 802 97 Total Assets $ 392,381,140 $ 345,457,720 Liabilities and Net Assets Liabilities: Due to Other Funds $ 2,663,221 $ 2,563,069 Accounts Payable 2,047 471 Total Liabilities 2,665,268 2,563,540 Plan Net Position Available for Benefits $ 389,715,872 $ 342,894,180 6 7. b. 1 . City of Roanoke Financial Report Eight Months Ended February 28 , 2014 FY14 General Fund Overview • FY14 revenues have decreased 2.0%, lagging the budgeted increase of 2. 1 % as a result of timing difference in business license tax and real estate tax escrow payments and lower sales tax revenues through February. •The revenue projection for FY14 is $2.4 million or 0.9% below the adopted budget. • Expenditures YTD have increased 3.2% over the prior year primarily related to anticipated personnel costs as well as increased funding to Roanoke City Public Schools and timing of payments of contracts and services. • Mid-year reductions have been made to ensure sufficient off-set for the projected revenue shortfall. . • Sales Tax Decline FY14 Revenue Estimate $20.018 M 14.0 12.0 N 10.0 8.0 0 = 6.0 4.0 2.0 0.0 7 Months Ended 1/31 • Prior YTD Actual ❑ YTD Budget • YTD Actual • Sales tax revenues declined 2. 1 % compared to prior year as adjusted for the reclassification of public facilities tax recorded as sales tax in error. • Severe winter weather affected consumer spending. • Strong retail performance in FY13 related to activity that followed the derecho event was not repeated in FY14. 3 Meals Tax FY14 Revenue Estimate $ 13.301 M 10.0 8.0 c 6.0 .2 4.0 ' 2.0 0.0 7 Months Ended 1/31 • Prior YTD Adjusted l l YTD Budget El YTD Actual FY14 revenue was 2.7% higher than FY13, but slightly behind YTD budget. 4 Business and Professional Occupational License (BPOL) Tax FY14 Revenue Budget $ 12.495M 14.0 12.0 Cl) 10.0 c 8.0 6.0 4.0 2.0 0.0 as of March 31 • Prior YTD Actual El YTD Actual ❑ FY14 Budget Tax due date was March 1st Revenues are 1 .4% above last year with 95.4% of estimate collected Lodging Tax FY14 Transient Occupancy Tax Revenue Estimate $3.793 M 3.00 2.50 Eimpli co 2.00 1.50 _ 1.00 _ 0.50 _ 0.00 8 Months Ended 2/28 •Prior YTD E YTD Budget •YTD Actual Effective January 2013, the Lodging tax rate increased 1 .0% . Adjusted for the rate change, Lodging tax revenue increased 1 .5% over FY13, but is slightly lower than budget. 6 Admissions Tax Exceeding t_ Budget and Prior Year FY14 Admissions Tax Revenue Estimate $0.430 M 0.35 0.30 - N 0.25 ° .2 0.20 0.15 0.10 0.05 0.00 8 Months Ended 2128 • Prior YTD ❑YTD Budget ®YTD Actual Admissions tax revenue increased 8.5% over FY13 and is 5.9% higher than budget. Movie theater and events attendance both credited for this growth . 7 Personnel (Salary/Benefit) Lapse Performing Ahead of Target $70 N o $50 .__ $40 a A 71 y $20 $10 Target Actual 8 Mo Ended 2/28 Fiscal Year savings projected to exceed budget by $125,000. YTD expenditure is .5% or $348,000 ahead of target. 8 Comprehensive Services Act (CSA) Expenses Below Target $6.0 $4.0 o $2.0 ' = $0.0 FY 2013 Actual FY 2014 Actual Target 8 Mo Ended 2/28 YTD expenses are 13% or $800k below target of $5.8M . Lower expenditures are related to lower adult care and subsidized adoption expenditures and the reclassification of CSA expenses from IV-E costs in the prior year. 9 Residential Juvenile Detention Expenses Below Target $1 ,000 N $750 $500 COM 0 $250 I- $0 Target Actual 8 Mo Ended 2/28 YTD expense .4% below target of $700,000. 10 . . Solid Waste Tipping Fees Below Target $1,500 ._... __........_........ ._...._............. U) F3$1,000 - U 0 H $500 $0 Target Actual 8 Mo Ended 2/28 YTD costs are 5.0% or $73,000 below target of $ 1 .45M . 11 Motor Fuel Expenses Above Target u) $1 ,500 c $1000 „7/7 ca , 4 (/) 8 $500 Fes- Target Actual 8 Mo Ended 2/28 YTD expense 15% or $ 134k above a non-seasonally adjusted target of $901 k. Increase above target is attributed to storm debris clean up in July and snow removal activities. Costs are controlled by practice of contracting for fuel . 12 Pension Plan Trust Outpacing Policy Benchmarks Market Value Assets Exceed Historical High Asset Allocation 2/28/14: Roanoke Performance Period Pension Plan Policy One Month 3.96% 3.80% US Equities 52.8% Fiscal YTD 16.93% 14.46% Real Estate 2.4% One Year 20.71% 17.82% Balanced 1.4% Three Years 12.12% 11.12% Convertibles 4.3% Five Years 18.00% 16.85% International Equities 19.1% 400 ii.Mr11. • Low (2/28/09) US Fixed Income 13.9% 350 ' ■ 6130/08 =x International Emerging 300 ❑6130/09 Equities 3.2% 250 ■6/30/10 ' ❑6130111 Infrastructure Funds 2.9% 200 ii ' ❑ 6/30/12 Total Allocation 100.0% 150 I ■ 6/30/13 Pension Plan assumed rate of return is 100 ❑ High 2/28/14 Market Value Assets 7.75% (Millions) 13 City unemployment rate in December was 5. 8% , the lowest since January 2009 9.0% 8.0% • Jun 12 lr EirM11=111 7.0% I � � n Sep 12 6.0°0% I � � � : Dec 12 5.0 /a I I II 11111 a — . � . El Dec 13 3.0% Roanoke City VA US January US and Virginia unemployment rates were 6.6% and 5.0%, respectively. 14 . i . City Performance Lagging Through February • Total expenditures through February are ahead of budget partially due to the timing of several contract payments in FY14. • Cost reductions across the departments were implemented to ensure expenditures remain below anticipated revenue level . • Pension Plan is performing above policy target at all measurement intervals. • City's unemployment rate down to five year low 1 5 �. , rt:. 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 REYNOLDS,MMC E-mail: elerk @ roamokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk April 8, 2014 CECELIA T.WEBB,CMC p Assistant Deputy City Clerk Dr. Nancy Dye, Chairman Mill Mountain Advisory Committee 1801 Prospect Road, S. W. Roanoke, Virginia 24014 Dear Dr. Dye: I am enclosing copy of Ordinance No. 39902-040714 amending Chapter 24, Public Buildings and Properties Generally, by adding Article V. Mill Mountain Advisory Board, Code of the City of Roanoke (1979), as amended, to establish the Mill Mountain Advisory Committee as an advisory board, as more particularly described in the Council report dated April 7, 2014 as submitted by the City Attorney. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 7, 2014, and is in full force and effect on July 1, 2014. Sincerely, tO tittLi.)0E) Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Sam Lionberger, Jr., 55 Harborview Circle, Penhook, Virginia 24137 Fayetta Weaver, 2502 Stanley Avenue, S. E., Roanoke, Virginia 24014 Mary Ellen Stokes, 122 24th Street, S. E., Roanoke, Virginia 24014 Chris Davies-Ross, 3940 Buck Mountain Road, Roanoke, Virginia 24018 Dr. Nancy Dye April 7, 2014 Page 2 pc: Mary Louise Kegley, do Louise Kegley, 301 Tinker Creek Lane, N. E., Roanoke, Virginia 24019 Richard Clark, 4529 Royal Oak Drive, S. W., Roanoke, Virginia 24018 Vickie Bibee, 3465 Peakwood Drive, S. W., Roanoke, Virginia 24014 Roger Malouf, 4025 Mudlick Road, S. W., Roanoke, Virginia 24018 Sara Beedie, 720 Cassell Lane, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manger Daniel J. Callaghan, City Attorney Alternative Ordinance B (Draft date: 04.07.2014) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39902-040714. AN ORDINANCE amending Chapter 24, Public Buildings and Properties Generally, by adding Article V. Mill Mountain Advisory Board, Code of the City of Roanoke (1979), as amended; dispensing with the second reading by title of this Ordinance; and establishing an effective date. WHEREAS, by Resolution No. 16631, adopted September 7, 1965, City Council established Mill Mountain Development Committee for the purpose of advising, assisting, and making recommendations regarding the development of Mill Mountain Park; WHEREAS, Council designated seven (7) persons to serve on Mill Mountain Development Committee, including the Mayor, the City Manager, the City Auditor, the Director of Parks and Recreation, the President of the Roanoke Council of Garden Clubs, and the President of the Roanoke Junior Women's Club; WHEREAS, by Resolution No. 23074, dated July 6, 1976, City Council continued the existence and operation of twelve (12) ad hoc committees, including Mill Mountain Development Committee, as ad hoc committees, and expressly dissolved all other ad hoc committees created by City Council; WHEREAS, by motion adopted at a regular session of City Council held on March 17, 1997, City Council approved the mission and vision statements adopted by the Mill Mountain Development Committee and changed the name of such committee to the Mill Mountain Advisory Committee; 1 WHEREAS, Mill Mountain Advisory Committee currently has nine (9) members and the Mayor as ex officio, continues to meet on a regular basis, and submits an annual report and recommendations to City Council consistent with its mission "regarding appropriate maintenance and improvement for Mill Mountain Park;" WHEREAS, by Ordinance No. 38862-062110, adopted June 21, 2010, City Council authorized the conveyance of a perpetual conservation easement to Virginia Outdoors Foundation and Western Virginia Land Trust (now known as Blue Ridge Land Conservancy) that would encumber approximately 537.2798 acres of the approximately 568.0058 acres of land owned by the City within the Mill Mountain area; WHEREAS, by deed of gift of easement dated June 23, 2010, the City granted the perpetual conservation easement to Virginia Outdoors Foundation and Western Virginia Land Trust in order to preserve and protect the conservation value of the approximately 537.2798 acres of land subject to such conservation easement; WHEREAS, the conservation easement expressly excluded approximately 30.7260 acres of land owned by the City at Mill Mountain from the encumbrance and restrictions of the conservation easement; WHEREAS, over the past two (2) years City Council, members of Mill Mountain Advisory Committee, and interested individuals have discussed the status of Mill Mountain Advisory Committee; WHEREAS, by motion adopted at a regular session of City Council held on February 18, 2014, City Council directed the City Attorney to prepare an appropriate measure to establish Mill Mountain Advisory Committee as a permanent committee to advise City Council; 2 WHEREAS, this matter was set for consideration by City Council at the regular session of City Council on March 3, 2014, and the matter was continued to the regular session of City Council on March 17, 2014, at 2:00pm due to inclement weather; WHEREAS, Mayor David Bowers has requested the City Attorney to prepare an alternative to the proposed ordinance included in the City Council Report dated March 3, 2014, submitted by the City Attorney; WHEREAS, the alternative proposed ordinance (Alternative Ordinance A) was included in the City Council Report dated March 17, 2014, submitted by the City Attorney; WHEREAS, City Council moved the adoption of Alternative Ordinance A at its session on March 17, 2014 and tabled the matter for additional consideration at the regular session of City Council on April 7, 2014; WHEREAS, Council Member David Trinkle requested the City Attorney to prepare an alternative proposed ordinance that would address the procedures for the creation of an ad hoc committee to review specific proposals for development within the area of Mill Mountain Park excluded from the conservation easement; WHEREAS, the alternative proposed ordinance requested by Council Member Trinkle (Alternative Ordinance B) was included in the City Council Report dated April 7, 2014, submitted by the City Attorney; and WHEREAS, City Council has reviewed the Alternative Ordinance B and City Council Report dated April 7, 2014, submitted by the City Attorney, and City Council has detennined that the establishment of Mill Mountain Advisory Committee as an advisory board within the Code of the City of Roanoke, with the duties and responsibilities set forth in the Alternative Ordinance B, as more particularly described in the City Council Report dated April 7, 2014, as 3 submitted by the City Attorney, is in the best interests of the City and its citizens and, in accordance with Section 63 of the Charter of the City of Roanoke, Virginia, Mill Mountain Advisory Board shall be established as set forth herein. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Chapter 24, Public Buildings and Properties Generally, is hereby amended by adding Article V. Mill Mountain Advisory Board, to read and provide as follows: Article V. Mill Mountain Advisory Board Sec. 24-104. Definitions. The following terms shall have the following meanings when and as used in this article: (a) "Board" shall mean the Mill Mountain Advisory Board as established by Section 24-105. (b) "Conservation Easement" shall mean the perpetual conservation easement dated June 23, 2010, granted by the City to Virginia Outdoors Foundation and Western Virginia Land Trust, and their respective successors and permitted assigns, and any amendments thereto. The conservation easement is recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia as Instrument No. 100006658. (c) "Conservation Easement Property" means the approximately 537.2798 acres of land located at Mill Mountain and encumbered by the conservation easement. The conservation easement property is also more particularly described in the conservation easement and the plat referenced in the conservation easement. (d) `Excluded Property" means the approximately 30.7260 acres of land owned by the city at Mill Mountain that is expressly excluded from and not subject to the conservation easement. The excluded property is more particularly described in the conservation easement and the plat reference therein. The excluded property is depicted as the "Property of the City of Roanoke Not Included in Conservation Easement," on the plat that is recorded in the Cleric's Office of the Circuit Court of the City of Roanoke, Virginia at Map Book 1, Pages 3599-3606. (e) "Mill Mountain Park" means the conservation easement property and the excluded property. 4 Sec. 24-105. Board established; composition. There is hereby established a Mill Mountain Advisory Board to be comprised of nine (9) members none of whom shall be a member of city council. One (1) member shall be a member of the Mill Mountain Garden Club; one (1) member shall be a member of the Mill Mountain Zoo, and one (1) member shall be a representative of the Fishbum family. In the event that no individual from one or more of these three groups is willing or available to serve as a member of the board, city council shall appoint a person without such qualification to serve for each such position for which the designated group has no candidate for a position on the board. Pursuant to Section 2-282 of the code of the city, the Mayor shall serve ex officio, as a nonvoting member. The presence or absence of the Mayor shall not be counted in determining a quorum. Sec. 24-106. Appointment and terms of members. Members of the board shall be appointed by the city council. Initially, three (3) members shall each serve for a term of one (I) year ending June 30, 2015; three (3) members shall each serve for a term of two (2) years ending June 30, 2016; and three (3) members shall each serve for a term of three (3) years ending June 30, 2017. Thereafter, members shall be appointed for terms of three (3) years, each terminating on June 30. Vacancies shall be filled by the council for the unexpired portion of any term. Sec. 24-107. Members not compensated. The members of the board shall serve without compensation for their services as such members. Sec. 24-108. Selection of officers; meetings. (a) The members of the board shall annually, at its July regular meeting, select a chairman and a vice-chairman. Special meetings of the board shall be held on call of the chairman, the vice-chairman, the mayor or of any three (3) members of the board. The board shall schedule not more than six (6) regular meetings in any one fiscal year and shall not schedule more than one (1) regular meeting of the board during any two (2) calendar month period. (b) The chairman of the board shall be the presiding officer at all meetings. The vice-chairman shall act on behalf of the chairman in the absence or inability of the chairman to act. (c) The director of the department of parks and recreation shall appoint staff to keep minutes and records of all proceedings of the board, prepare agendas for meetings, notify members of meetings, arrange for legal notices of meetings, prepare all agenda packages, and perform all other duties of a secretary. 5 (cl) The board may adopt bylaws with respect to the operation of the board provided such bylaws are not inconsistent with this article. Sec. 24-109. General functions and duties. (a) Subject to the limitations set forth in this article, the board shall act solely in an advisory capacity to advise council regarding: (1) appropriate maintenance and improvements of Mill Mountain Park; (ii) conservation, preservation, or development proposals that may be presented to city council regarding the conservation easement property that may be permitted thereon pursuant to the terms of the conservation easement; (iii) amendments that may be proposed to be made to the conservation easement that are presented to council; and (iv) proposed development that may be presented to city council within the excluded property unless city council creates an ad hoc committee as provided in section 24-110(c) of this article. (b) The board shall act solely in an advisory capacity on all other matters that city council may refer to the board. (c) The board shall provide regular reports to city council regarding the recommendations and advice to council and shall provide an annual report as required pursuant to section 2-285 of the code of the city. Sec. 24-110. Limitation on authority. (a) The board and its members shall have no authority to act for or on behalf of city council, the city manager, any other officer of the city, or any department of the city in any matter related to the discharge of its duties, responsibilities or authorities of such department or officer. The recommendations and advice made by the board to the city council are advisory only and the city council shall act upon such recommendations and advice as it shall determine. (b) The board's duties and responsibilities are not exclusively assigned to the board as other boards, commissions, and committees within the city have assigned duties with respect to activities in, at, or around the Mill Mountain Park area. Nothing in this article shall preclude city council from creating additional boards, committees, or commissions with respect to Mill Mountain Park, including any proposed development within the excluded property. (c) (i) In the event that development is proposed for all or any or portion of the excluded property, at one time or at any time, city council 6 may appoint an ad hoc committee to advise city council with respect the proposed development within the excluded property. An ad hoc committee created pursuant to this subsection shall consist of not more than eleven (11) members, of which three (3) members shall be members of the board recommended to city council by the board, and one (1) member shall be a member of the Roanoke Valley Greenway Commission recommended to city council by the Roanoke Valley Greenway Commission. An ad hoc committee created pursuant to this subsection shall review the proposal for development within the excluded property and provide its recommendation to city council. Upon submission of its recommendation to city council, the ad hoc committee shall be dissolved. (ii) hi the event that city council establishes an ad hoc committee as provided in section 24-110(c)(i) of this article, the board shall have no responsibility or authority to review, consider and make recommendations regarding the proposed development within the excluded property. (iii) In the event that city council does not establish an ad hoc committee as provided in section 24-1 10(c)(i) of this article for a proposed development within the excluded property, the board shall review, consider, and provide recommendations to city council with regard to such proposed development within the excluded property. (iv) An ad hoc committee established pursuant to section 24-110(c)(i) shall be advisory only and city council shall act upon such recommendation as it shall determine. 2. This ordinance shall be effective on and after July 1, 2014. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: Attlf&n."4.4...) he). OM. City C1) 7 Uzi 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 REYNOLDS,MMC E-mail: clerk�droanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk April 8, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk Dr. Nancy Dye, Chairman Mill Mountain Advisory Committee 1801 Prospect Road, S. W. Roanoke, Virginia 24014 Dear Dr. Dye: I am enclosing copy of Resolution No. 39903-040714 repealing Resolution No. 16631 adopted September 7, 1965, which established the Mill Mountain Development Committee, now known as Mill Mountain Advisory Committee; and thereby dissolving the Committee, effective June 30, 2014. On behalf of the Mayor and Members of City Council, I would like to express appreciation for the commitment, dedication, efforts and contributions made by the Committee and its members to the Council and the citizens of the City of Roanoke; and gratitude for your service to Mill Mountain Park. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 7, 2014. Sincerely, Itct-PALIMel WIO [ ,•-- ' �[� Stephanie M. Moon ynol s, MMC " City Clerk Enclosure pc: Tom G. Roller, 2612 Oakhill Lane, S. W., Roanoke, Virginia 24015 Betty Field, 2802 Jefferson Street, S. E., Roanoke, Virginia 24014 Richard Clark, 4529 Royal Oak Drive, S. W., Roanoke, Virginia 24018 David R. Lake, 2405 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Louise Kegley, 301 Tinker Creek Lane, N. E., Roanoke, Virginia 24019 Kae N. Bolling, 2341 Woodcliff Road, S. W., Roanoke, Virginia 24014 Thomas S. Turner, 4901 Greenlee Road, Roanoke, Virginia 24018 Ahondryea C. Brooks, 261 Preston Avenue, N. E., Roanoke, Virginia 24012 'IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39903-040714. A RESOLUTION repealing Resolution No. 16631 adopted September 7, 1965, which established Mill Mountain Development Committee, now known as Mill Mountain Advisory Committee (the "Committee") and thereby dissolving the Committee effective June 30, 2014, and expressing the appreciation of the Council for the commitment, dedication, and efforts of the Committee and its members. WHEREAS, the Council adopted Resolution No. 16631 on September 7, 1965, to create a committee to be known as Mill Mountain Development Committee and the committee was charged with the duty "to advise, assist, and make recommendations to the Council in the development of the City's Mill Mountain Park," and the Council appointed members of the Committee; WHEREAS, the Council adopted Resolution No. 23074 on July 6, 1976 to continue certain ad hoc committees, including the Mill Mountain Development Committee and abolish all other ad hoc committees created by the Council which were not specifically continued by Resolution No. 23074; WHEREAS, the Council, by motion on March 17, 1997, approved (a) the Vision Statement and Mission Statement presented to the Council by the Committee, and (b) the change in the name of the Committee to Mill Mountain Advisory Committee; WHEREAS, a substantial portion of Mill Mountain Park is now subject to a Conservation Easement; WHEREAS, pursuant to Section 2.280 of the Code of the City of Roanoke, the Council has the authority to establish ad hoc committees from time to time; WHEREAS, the individuals who have served on the Committee have provided a valuable service to the Council and the citizens of the City of Roanoke; and K,\Measures\Mill Mountain Advisory Committee Abolishing 3 2014.Docleisha Cook WHEREAS, the Council has adopted an ordinance that creates the Mill Mountain Advisory Board to provide the Council with respect to Mill Mountain Park and the Conservation Easement. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council hereby repeals Resolution No. 16631, adopted September 7, 1965, which created the Committee and hereby dissolves the Committee effective June 30, 2014. 2. Council recognizes the contributions made by the Committee and its members to Council and the citizens of the City of Roanoke and expresses the appreciation and gratitude for their service, commitment and dedication to Mill Mountain Park. 3. The City Clerk is directed to forward an attested copy of this Resolution to the members of the Committee. ATTEST: Wisks `M OMQ City Cle lt K:\Measures\Mill Mountain Advisory Committee Abolishing 3 2014.DocLeisha Cook CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY Timothy R. Spencer , 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW Steven J. Talevi ROANOKE, VIRGINIA 24011-1595 David L. Collins Heather P. Ferguson Daniel J. Callaghan TELEPHONE 540-853-2431 Laura M. Carini City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: cityatty@roanokeva.gov April 7, 2014 The Honorable David A. Bowers, Mayor and Members of City Council Re: Alternative Proposed Ordinance Creation of Mill Mountain Advisory Board Mayor Bowers and Council Members, This report presents an alternative proposed ordinance with regard to the creation of the Mill Mountain Advisory Board. Attached to this report are the forms of the alternative proposed ordinance with a draft date of April 7, 2014 in highlighted and clean versions. This alternative proposed ordinance will be referred to as Alternative Ordinance B to distinguish this proposal from the two other proposals that have been prepared for consideration by City Council. Background In February, 2014, City Council asked the City Attorney to prepare an appropriate measure to establish Mill Mountain Advisory Committee, an ad hoc committee created by City Council in 1965, as a standing committee. The City Attorney prepared an ordinance that established the Mill Mountain Advisory Board, effective July 1, 2014. The current form of this proposed ordinance has a draft date of March 13, 2014 (the "Original Ordinance"). The Original Ordinance created the Mill Mountain Advisory Board as a nine (9) member board with jurisdiction to provide recommendations to City Council regarding development proposals with respect to that portion of Mill Mountain Park subject to the conservation easement granted by the City in 2010. The Original Ordinance also provided that if City Council created an ad hoc committee to review and provide recommendations with regard to development proposals affecting the area of Mill Mountain Park that is excluded from the conservation easement (approximately 30 acres), that committee will include two (2) members of the Mill Mountain Advisory Board. In the event that City Council did not create an ad hoc committee, then the Mill Mountain Advisory Board will review and provide recommendations with regard to any such development proposals. In March, 2014, Mayor Bowers asked the City Attorney to prepare an alternative ordinance that (i) designated qualifications for three members of the Mill Mountain Advisory Board; (ii) authorized the Mill Mountain Advisory Board to provide advice and recommendations to City Council with regard to any development proposals affecting any portion of Mill Mountain Park; and (iii) recognized the authority of City Council to appoint additional board, commissions, or committees to review and provide recommendations to City Council. This alternative proposal has a draft date of March 7, 2014 (the "Alternative Ordinance A"). At its regular 2:00pm session on March 17, 2014, Alternative Ordinance A was moved and seconded. Further consideration of the matter was then tabled. On April 2, 2014, Council Member David Trinkle asked the City Attorney to prepare Alternative Ordinance B to clarify the role of the Mill Mountain Advisory Board with respect to any proposed development with the area of Mill Mountain Park that is excluded from the conservation easement. Alternative Ordinance B provides that City Council may create an ad hoc committee to review development proposals within the excluded area (approximately 30 acres) and provide recommendations to City Council. If City Council creates such an ad hoc committee, the ad hoc committee will have not more than eleven (11) members, of which three (3) members shall be members of the Mill Mountain Advisory Board and one (1) member shall be a member of the Roanoke Valley Greenway Commission. In the event that City Council does not create an ad hoc committee, the Mill Mountain Advisory Board shall review and provide recommendations with respect to the proposed development within the property excluded from the conservation easement. The highlighted version of Alternative Ordinance B shows the differences between Alternative Ordinance A and Alternative Ordinance B. Considerations Presently, the matter pending before City Council is action on Alternative Ordinance A. City Council will need to remove the matter from the table and take action on Alternative Ordinance A. Assuming City Council removes the matter from the table, City Council may then vote to adopt Alternative Ordinance A. If that motion fails, City Council may move and second the adoption of Alternative Ordinance B or the Original Ordinance. City Council could also move to amend the pending motion and substitute Alternative Ordinance B or the Original Ordinance. That motion will need a second. If an amendment/substitution is adopted, then City Council may move and second the substituted proposal. In either circumstance, the Clerk will read the title of the proposed ordinance and, after discussion is concluded, City Council will vote by roll call. Please let me know if you have any questions. Sincerely, g fin,� Daniel J. 'allagha�,tl City Attorney DJC/lsc c: Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk Troy A. Harmon, Municipal Auditor 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 REYNOLDS,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Maxwell H. Wiegard, Attorney Gentry, Locke, Rakes and Moore 10 Franklin Road, S. E., Suite 800 Roanoke, Virginia 24011 Dear Mr. Wiegard: The Ordinance to amend the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S. W., as set forth in the Zoning Amended Application No. 4 dated February 27, 2014, was before the Council of the City of Roanoke for consideration and adoption on its second reading on Monday, April 7, 2014. On motion, duly seconded and unanimously adopted, action on the matter was postponed until the regular meeting of Council on Monday, June 16 at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Maxwell H. Wiegard April 8, 2014 Page 2 pc: HTB Properties, LLC, 202 South Jefferson Street, Roanoke, Virginia 24011 Steven Strauss, Timberbrook Properties VI, LLC, 5100 Bernard Drive, S. W., Roanoke, Virginia 24018 Craig Clifton, Pegasus Tower Company, LLC, 548 East Riverside Drive, Suite D, North Tazewell, Virginia 24630 Mr. Mohan Chandler, P. O. Box 1646, Lake City, Florida 32056-1646 Shrinath Enterprises, LLC, 1927 Franklin Road, S. W., Roanoke, Virginia 24014 Tacklebox Properties, LLC, P. O. Box 8725, Roanoke, Virginia 24014 Lorrd Ganeshji, Inc., 5848 Old Locke Court, S. W., Roanoke, Virginia 24018 Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Ms. Jan Keister, 817 Marshall Avenue, S. W., Roanoke, Virginia 24016 Mr. John M. McGonigal, 706 Montrose Avenue, S. E., Roanoke, Virginia 24013 Ms. Dinah Ferrance, 402 Day Avenue, S. W., Roanoke, Virginia 24016 Ms. Joel W. Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. S. Ronald Owens, 18 Mountain Avenue, S. W., Roanoke, Virginia 24016 Mr. Frank J. Smith, 934 Highland Avenue, S. E., Roanoke, Virginia 24013 Mr. H. Curtis Rupe, 424 Highland Avenue, S. W., Roanoke, Virginia 24016 Ms. Valerie S. Eagle, 445 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. James E. Steagall, Jr., 409 Highland Avenue, S. W., Roanoke, Virginia 24016 Mr. James W. Hyams, 349 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Kirk W. Gibson, 1606 Hampton Avenue, S. W., Roanoke, Virginia 24015 Mr. Mark Hostetter, 544 Day Avenue, S. W., Roanoke, Virginia 24016 Jean Bollendorff, Roanoke Valley Preservation Foundation, P. O. Box 1366, Roanoke, Virginia 24007 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steven J. Talevi, Assistant City Attorney Rebecca Cockram, Secretary, City Planning Commission LN IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W. WHEREAS, Pegasus Tower Company,LLC,has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II to property, identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W.; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS,a public hearing was held by City Council on such application at its meeting on March 17, 2014, after due and timely notice thereof as required by §36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the INPUD Development Plan as it pertains to property described as Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W.; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters Ord-Amend INPUD Plan Pegasus Tower Company LLC 1 presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W., as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100,Code of the City of Roanoke(1979),as amended, and the Official Zoning Map,City of Roanoke,Virginia, dated December 5,2005,as amended,be amended to reflect the amendment of the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W., as set forth in the Zoning Amended Application No. 4 dated February 27, 2014. ATTEST: City Clerk. Ord-Amend INPUD Plan.Pegasus Tower Company LLC 2 ro.y , DATE: April 4, 2014 TO: Mayor and Members of Council RE: Proposed cell tower location tax #Number1040102 Dear Council Members, I respectfully ask that you consider voting NO to the request from Pegasus Tower Company, LLC to amend the Planned Unit Development Plan as pertains to 1809 Franklin Road. Why: There is no sign on the property giving notice that a change to the previous site plan is happening. Residents are not aware of a cell tower being proposed on this site. South Jefferson Redevelopment Plan includes Cambria Suites and, VT Research and Medical Institute. It is my understanding that both groups refused to accommodate a cell tower on their property. Home Town bank representative said NO. Carillon said NO. A cell tower would not be consistent, the response of other properties in the South Jefferson Redevelopment A cell tower is not compatable with other properties in the SJRP. There are other ways to meet the need for coverage in this area. Brandon Avenue at the corner of Brandon and Colonial, Brian Broughman, 540-400-6870; Ramada Inn has expressed interest in a cell tower location. An antenna is needed for wireless communication. A cell tower is one option.. Trinity United Methodist Church in Old Southwest in interested in exploring a tower in their steeple. Other churches and Highland Park School might be options for an antenna. Mill Mountain is everyone's Front door. 1st impressions are important. The viewshed from Mill Mountain is diminished if this unobstructed view of a cell tower is permitted. Roanoke should be a BEST city fortourists, for outdoor branding, and for trail town. Protecting Roanoke's viewshed from another blinking light is important to Millennials wanting a clean and green environment. Your children and grandchildren will be impacted by your decision. I ask you to deny this amended petition because the cell tower is incompatible with the RVARC livability plan Feb, 2014 goal of protecting viewsheds, This property is part of the SJRP and these design plans are not consistent and compatible with other properties within the INPUD. "The future is not something to be wished for, the future is something to be achieved. The future is not a matter of chance, but a matter of choice." You have the power to change the future. VOTE NO. Barbara N. Duerk, 2607 Rosalind Ave., S.W. Roanoke, VA 24014 i. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerkr@i raanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk April 8, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk Alesha Allen 2140 Meadowbrook Road, N. W. Roanoke, Virginia 24017 Dear Ms. Allen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2014, you were appointed as a member of the Fair Housing Board to fill the unexpired term of Helen Muddiman ending March 31, 2016. 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." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Fair Housing Board. Sincerely, St pie M. Mo ino MC tephanie M. Moon R olds, MC City Clerk Enclosures pc: Crystal Hypes, Secretary, Fair Housing Board, w/ application 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 seventh day of April 2014, ALESHA ALLEN was appointed as a member of the Fair Housing Board to fill the unexpired term of Helen Muddiman ending March 31, 2016. Given under my hand and the Seal of the City of Roanoke this eighth day of April 2014. M; k i & City Clerk 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 REYNOLDS,MMC E-mail: clerk@roano keva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk April 8, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk R. Gail Burruss 2519 Creston Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Burruss: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2014, you were appointed as the community services board administrator designee of the Court Community Corrections Program Regional Community Criminal Justice Board to fill the unexpired term of Tim H. Steller ending June 30, 2015. 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." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as the community services board administrator designee of the Court Community Corrections Program Regional Community Criminal Justice Board. Sincerely, Ste hanie M. MoonnR ynolds, MC City Clerk Enclosures pc: Beth Lipes, Interim Director of Court and Community Services, 1717 Peters Creek Road, N. W., Roanoke, Virginia 24017-2139 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 seventh day of April 2014, R. GAIL BURRUSS was appointed as the City representative of the Court Community Corrections Program Regional Community Criminal Justice Board to fill the unexpired term of Tim H. Steller ending June 30, 2015. Given under my hand and the Seal of the City of Roanoke this eighth day of April 2014. %46kaYk(1k) City Clerk tip ,,r 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 REYNOLDS,MMC E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk April 8, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk Kimberly G. Parker 728 Windsor Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Parker: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2014, you were reappointed as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2017. Enclosed you will find a Certificate of your reappointment 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 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 reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue serving as a member of the Parks and Recreation Advisory Board. Sincer�elly, nc Stephanie M. MoA-Reynol s, MMC City Clerk SMM:ctw Enclosures pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board, w/application 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 seventh day of April 2014, Kimberly G. Parker was reappointed as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2017. Given under my hand and the Seal of the City of Roanoke this eighth day of April 2014. in Qt".QS.! City Clerk �° M. ....:....vim� 4, CITY OF ROANOKE ` - OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerks raanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk April 8, 2014 CECELIA T.WEBB,CMC p Assistant Deputy City Clerk Chris Bryant 1315 Sewell Lane, S. W. Roanoke, Virginia 24015 Dear Ms. Bryant: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2014, you were reappointed as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2017. Enclosed you will find a Certificate of your reappointment 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 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 reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue serving as a member of the Parks and Recreation Advisory Board. Sincerely, . rev- . C Stephanie M. Moon,�eynol�MMC City Clerk SMM:ctw Enclosures pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board, w/application 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 seventh day of April 2014, Chris Bryant was reappointed as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2017. Given under my hand and the Seal of the City of Roanoke this eighth day of April 2014. ystassyn, nnovy-e'teitait) City Clerk �. l q :iC- 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 REYNOLDS,MMC E-mail: clerka(Qroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk April 8, 2014 CECELIA T.WEBB,CMC p Assistant Deputy City Clerk Gordie L. Zeigler 3420 Canter Circle Roanoke, Virginia 24018 Dear Mr. Ziegler: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2014, you were reappointed as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2017. Enclosed you will find a Certificate of your reappointment 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 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 reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue serving as a member of the Parks and Recreation Advisory Board. mcerely, Stephanie M. Moon eynold , MMC City Clerk SMM:ctw Enclosures pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board, w/application 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 seventh day of April 2014, Gordie L. Ziegler was reappointed as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2017. Given under my hand and the Seal of the City of Roanoke this eighth day of April 2014. t City Clerk a0- a w., '= 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 REYNOLDS,MMC E-mail: clerk@roano keva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Dr. M. Rupert Cutler 204 S. Jefferson Street, Unit 4 Roanoke, Virginia 24011 Dear Dr. Cutler: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2014, you were reappointed as the Non-Elected City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a three-year term of office ending March 31, 2017. 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. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were 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 reappointment and each member is required "to read and become familiar with provisions of the Act." M. Rupert Cutler April 8, 2014 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as the Non-Elected City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee. Sincerely, 240-4LCIA.Y\ Stephanie M. Mo Reyno s, MMC City Clerk SMM:ctw Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 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 seventh day of April 2014, M. RUPERT CUTLER was reappointed as the Non-Elected City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a three-year term of office ending March 31, 2017. Given under my hand and the Seal of the City of Roanoke this eighth day of April 2014. MityClerk 1/4 & i 1h • 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 REYNOLDS,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Terri F. Workman 1 Riverside Circle, S. W., #101 Roanoke, Virginia 24016 Dear Ms. Workman: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2014, you were reappointed as the Private Sector City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a three-year term of office ending March 31, 2017. 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. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were 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 reappointment and each member is required "to read and become familiar with provisions of the Act." Terri F. Workman April 8, 2014 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as the Private Sector City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee. Sincerely, itt+D n - f Stephanie M. Moon nolds, C City Clerk SMM:ctw Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 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 seventh day of April 2014, TERRI F. WORKMAN was reappointed as the Private Sector City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a three-year term of office ending March 31, 2017. Given under my hand and the Seal of the City of Roanoke this eighth day of April 2014. M9zpatAtA ) City Clerk r 01414 CITY OF ROANOKE s'' .f 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 REYNOLDS,MMC E-mail: clerk�?raano kevn.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City, Clerk April 8, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk The Honorable William D. Bestpitch Council Member Roanoke, Virginia 24011 Dear Mr. Bestpitch: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2014, you were appointed to replace Council Member Raphael Ferris as the City's Elected Official representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a three-year term of office ending March 31, 2017. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Sin erely, VI • rte, Stephanie M. Moon R ynolds, MC City Clerk SMM:ctw Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 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 seventh day of April 2014, WILLIAM D. BESTPITCH was appointed to replace Council Member Raphael Ferris as the City's Elected Official representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a three-year term of office ending March 31, 2017. Given under my hand and the Seal of the City of Roanoke this eighth day of April 2014. Wb-tv-ti\\(\ •City Clerk fIP', 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 REYNOLDS,MMC E-mail: clerk @roano keva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 8, 2014 Wayne Bowers, Director Department of Economic Development 3450 Brymoor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Bowers: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2014, you were appointed as the City's Technical Advisor/City Manager's designee of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a three-year term of office ending March 31, 2017. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Wayne Bowers April 8, 2014 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve to the City of Roanoke as the City's Technical Advisor/City Manager's designee of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee. Sincerely, A (411A-a-til<a) Stephanie M. Moon Reynolds, MMC City Clerk SMM:ctw Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 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 seventh day of April 2014, WAYNE BOWERS was appointed to replace Christopher Morrill as the City's Technical Advisor/City Manager's designee of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a three-year term of office ending March 31, 2017. Given under my hand and the Seal of the City of Roanoke this eighth day of April 2014. City Clerk