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HomeMy WebLinkAboutCouncil Actions 01-05-15 LEA jitith 40142-010515 V, . ROANOKE CITY COUNCIL JANUARY 5, 2015 9:00 A.M. CITY COUNCIL CHAMBER ROOM 450 AGENDA Call to Order -- Roll Call. Council Member Rosen was absent. Welcome. Mayor David A. Bowers. NOTICE This morning meeting and briefings will be televised live and replayed on RVTV Channel 3 on Thursday, January 8 immediately following the 2:00 p.m. session at 7:00 p.m.; and Saturday, January 10 at 4:00 p.m.; and video streamed by internet through Rev.Net Technologies, Inc., at http://www.wrev.net Council Meetings are offered with closed captioning for the hearing impaired. ITEMS RECOMMENDED 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. (6-0) 1 A communication from Council Member Sherman P. Lea, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the mid-year performances of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (6-0) A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss the disposition of City-owned property located at 2750 Hoover Street, N. 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. (6-0) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. (5 MINUTES) Mayor Bowers asked the City Manager to provide a briefing on the 1-581 Valley View South Interchange by the first meeting in February. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. (5 MINUTES) BRIEFINGS: • Single Stream Recycling - 30 minutes • Annual Real Estate Update - 45 minutes • FY-16 Budget Briefing 60 minutes AT 11:28 A.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 2:00 P.M., FOR CLOSED MEETINGS IN ROOM 451, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 shes, ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 5, 2015 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. Council Member Rosen was absent. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, January 8 at 7:00 p.m., and Saturday, January 10 at 4:00 p.m.; and video streamed by internet through Rev.Net Technologies, Inc., at http://www.wrev.net Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 3 THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: ARCHITECTURAL REVIEW BOARD - TWO VACANCIES FOUR -YEAR TERMS OF OFFICE ENDING OCTOBER 1, 2018 BOARD OF ZONING APPEALS - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING DECEMBER 31, 2015 FAIR HOUSING BOARD - TWO VACANCIES UNEXPIRED TERMS OF OFFICE ENDING MARCH 31, 2016 PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION - ONE VACANCY - (AT LARGE) THREE-YEAR TERM OF OFFICE ENDING JUNE 30, 2017 4 THE COUNCIL IS CURRENTLY ACCEPTING APPLICATIONS FOR MEMBERSHIP ON THE YOUTH SERVICES CITIZEN BOARD. TERMS OF OFFICE WILL CONSIST OF 4-ONE, 4-TWO, 5-THREE, AS WELL AS TWO STUDENT MEMBERS, EACH COMMENCING JULY 1, 2015. APPLICATION FOR APPOINTMENT IS AVAILABLE ON THE CITY'S WEBSITE AND IN THE CITY CLERK'S OFFICE. DEADLINE IS APRIL 15, 2015. EXPIRATION OF THE THREE-YEAR TERMS OF OFFICE OF MAE G. HUFF, TODD A. PUTNEY, AND RICHARD M. WILLIS, JR., AS TRUSTEES OF THE ROANOKE CITY SCHOOL BOARD ENDING JUNE 30, 2015. TRUSTEES HUFF AND PUTNEY ARE NOT ELIGIBLE FOR REAPPOINTMENTS. DEADLINE FOR RECEIPT OF APPLICATIONS IS TUESDAY, MARCH 10, 2015. FOR QUESTIONS AND/OR ADDITIONAL INFORMATION, PLEASE CONTACT CITY CLERK'S OFFICE AT 853-2541. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of 2014 City of Roanoke employees with 30, 35, and 40 years of service. Recognized employees in attendance. Presentation of Government Finance Officers Association Distinguished Budget Presentation Award. Recognized Amelia Merchant, Director of Management and Budget, and her staff. 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. • David Courey, 3419 Ashmeade Drive, appeared before the Council to comment on the use of a private agency for parking enforcement. • Evelyn Bethel, 35 Patton Avenue, N. W., appeared as President of the Historic Gainsboro Preservation District, Inc., and asked that citizens be notified prior to commencement of improvements on adjoining City property. 5 4. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of the Council held on Monday, October 9, 2014, recessed until Friday, October 17, 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 Tuesday, January 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property located at 209 Henry Street, N. W. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Clerk advising of the resignations of Nancy Bunch Page and Max W. Davis as City representatives of the Blue Ridge Behavioral Healthcare Board of Directors, effective December 31, 2014. RECOMMENDED ACTION: Accepted resignation and received and filed communication. C-4 A communication from Martha S. Mavredes, CPA, Auditor of Public Accounts, Commonwealth of Virginia, advising that the Commonwealth collections and remittances of the Treasurer, Commissioner of the Revenue, Sheriff, and Commonwealth's Attorney indicated for the year ended June 30, 2014, are in compliance with state laws, regulations and other procedures relating to the receipt disbursement and custody of state funds. RECOMMENDED ACTION: Received and filed. C-5 A communication from Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare Board of Directors, recommending concurrence in the reappointment of Bruce Thomasson as an At-large member for a term of three years ending December 31, 2017. RECOMMENDED ACTION: Concurred in the recommendation. C-6 Reports of qualification of the following individuals: Paula L. Prince as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors, for a three-year term of office ending December 31, 2017; 6 Bryan A. Musselwhite as a member of the Board of Zoning Appeals for three-year term of office ending December 31, 2017; Angela S. Penn as a member of the City Planning Commission for a four-year term of office ending December 31, 2018; Chris H. Craft as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Anthony Tate ending June 30, 2016; and Michael Shockley as a City representative of the Roanoke Valley Resource Authority for a four-year term of office ending December 31, 2018. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: a. Proposal of the City of Roanoke to lease a certain City-owned structure, known as the Alexander-Gish House, 641 Walnut Avenue, S. W., located in Highland Park, together with an outbuilding, gazebo and parking lot, to Old Southwest, Inc., for a period of five-years, subject to certain terms and conditions. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40142-010515 (6-0). 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Authorization to acquire additional real property rights to construct the final segment for the Roanoke River Greenway "Bridge the Gap" project. Adopted Ordinance No. 40143-010515 (6-0). 7 2. Adoption of proposed revisions to the HUD Funds Policy. Adopted Resolution No. 40144-010515 (6-0). 3. Authorization to enter into an agreement between the City of Roanoke and Radford University to provide an embedded criminologist to the City of Roanoke Police Department. Adopted Ordinance No. 40145-010515 (6-0). 4. Authorization to revise the City's agreement with the Virginia Department of Transportation (VDOT) to combine project funding and transfer balance of certain Safe Routes to School Program funds. Adopted Resolution No. 40146-010515 and Budget Ordinance No. 40147-010515 (6-0). 5. Reallocation and transfer of funds in connection the Library Master Plan — Raleigh Court Library. Adopted Resolution No. 40148-010515 and Budget Ordinance No. 40149-010515 (6-0). 6. Appropriation of Department of Technology Retained Earnings for information technology initiatives. Adopted Budget Ordinance No. 40150-010515 (6-0). COMMENTS OF CITY MANAGER. FY2016 Budget Development Beginning in January, City Council will receive monthly briefings on the Fiscal Year 2016 Budget development until the process has been completed. Dates to remember: • January 5 - All offers are completed in the system, DMB begins final review • January 23 - Priority Teams begin review • March 9 - Priority Teams conclude • April 20 - Recommended Budget presented to City Council • April 23 - Public Hearing on the Budget • May 11 - Budget Adoption Roanoke 100 Miler Once again, Roanoke Parks and Recreation is offering this popular program in 2015. • Participants are challenged to do 100 miles (or more) in 100 days...completely human-powered: Walk, run, bike, or swim. • Every year, more than 1,000 people participate in the program. 8 • Throughout the 100 days, participants receive a weekly email newsletter from Active Andy, to motivate them to keep moving. • Included suggestions for human-powered routes (hiking trails, greenways, etc.), activities (5k runs, group walks, etc.), and offers for free prizes. • Register by visiting www.Roanoke100Miler.com. High School Winter Classic Basketball Challenge • Saturday, January 24, 2015, at Berglund Center, Coliseum • Admission: $10 - Good all day • Line-up: — 2:00 p.m. — William Fleming vs. Rockbridge County; — 4:00 p.m. — Virginia Episcopal vs. L.C. Bird; — 6:00 p.m. — Patrick Henry vs. Christiansburg; — 8:00 p.m. — Oak Hill Academy vs. Cape Henry Collegiate Children's Playground in Elmwood Park • Carilion Clinic donated $225,000.00 for construction of a new playground in Elmwood Park • Construction has begun, timeline is to finish in May • Location will be in the patio area near the library, providing easy access for library patrons b. DIRECTOR OF FINANCE: 1. Financial Report of the City of Roanoke for the period ended November 30, 2014. Received and filed 2. Authorization of intent to reimburse for expenditures from bond proceeds from the 2016 debt issuance, in an amount not to exceed $8.0 million, for the City of Roanoke and Roanoke City Public Schools capital improvement projects; and advance appropriation of funds. Adopted Resolution No. 40151-010515 and Budget Ordinance No. 40152-010515 (6-0). 3. Authorization to issue not to exceed $50 million in principal amount in refunding bonds on or before June 30, 2016, in order to proactively manage and pursue refunding opportunities. Adopted Resolution No. 40153-010515 (6-0). 9 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11 . MOTIONS AND MISCELLANEOUS BUSINESS: NONE. At 3:45 p.m., the Council meeting recessed for continuation of a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. AT 4:30 p.m., the Council meeting reconvened in the Council Camber, Room 450, Noel C. Taylor Municipal Building. CERTIFICATION OF CLOSED MEETING (6-0). Appointed Heather S. Shepardson to replace Curtis Mills as a Citizen at large member of the Personnel and Employment Practices Commission, for a term ending June 30, 2017. Appointed Cindy McFall to replace Melida McKee as a City representative of the Local Office on Aging Advisory Board, for a one-year term commencing March 1, 2015, and ending February 28, 2016. Appointed Brenda A. Allen as a member of the Roanoke Neighborhood Advocates, to fill the unexpired term of Princess L. Moyer ending June 30, 2015. Appointed Daniel E. Karnes as a City representative of the Blue Ridge Behavioral Healthcare Board of Directors, to fill the unexpired term of Nancy B. Page ending December 31, 2015. 12. ADJOURN- 4:32 P.M. 10 of' CITY OF ROANOKE 0. ��. CITY COUNCIL 215 Church Avenue,S.W. ,`—'i Noel C.Taylor Municipal Building,Suite 456 �rx�iNt� Roanoke,Virginia 24011-1536 • Telephone: (540)853-2541 Fax: (540)853-1145 Council Members DAVID A.BOWERS Mayor William D.Bestpitch Raphael E."Ray"Ferris Sherman P. Lea Anita J.Price Court(1. Rosen David B.Trinkle January 5, 2015 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 I will not be present at the 9:00 a.m. or 2:00 p.m. sessions of Council on Monday, January 5, 2015. Best wishes for a successful meeting. fatiseSincerely Court G. Rosen Council Member CGR:jec /k@'R 4 ��A.s to CITY OF ROANOKE l' _ i OFFICE OF THE MAYOR 1 / 215 CHURCH AVENUE,S.W., SUITE 452 -tixciNt�i' ROANOKE,VIRGINIA 24011-1594 = TELEPHONE (540)853-2444 FAX (540)853-1145 DAVID A.BOWERS Mayor January 5, 2015 The Honorable Vice-Mayor David B. Trinkle and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Trinkle and Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. Sincerely, David A. Bowers Mayor DAB:ctw COMMITTEE VACANCIES/REAPPOINTMENTS January 5, 2015 Public Unexpired terms of office of Matthew Hogan and Patricia Johnson as members of the Fair Housing Board ending March 31 , 2016. Unexpired term of office of Steven Trompeter as a member of the Board of Zoning Appeals ending December 31, 2015. Three-year term of office to replace Curtis Mills (At-Large member) as a member of the Personnel and Employment Practices Commission ending June 30, 2017. Four-year terms of office to replace Barbara Botkin and Warner Dalhouse as members of the Architectural Review Board ending October 1, 2018. Accepting applications for membership on the Youth Services Citizen Board. Terms of office will consist of 4-one, 4-two, 5-three, as well as two student members, each commencing July 1, 2015. Applications for appointment are available on the City's website and in the City Clerk's Office. For questions and/or additional information, please contact the City Clerk's Office at 853-2541. Deadline is April 15, 2015. F A CITY OF ROANOKE CITY COUNCIL ' — ' 215 Church Avenue,S.W. Noel C.Taylor Municipal Building,Suite 456 �1kct1N1- 1 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 January 5, 2015 The Honorable Mayor David A. Bowers and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request a Closed Meeting to discuss the mid-year performance of Council- Appointed Officers, pursuant to Section 2.2-3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, Sherman . ea, hairy `A_ City Council Personnel Committee SPL:ctw CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 5, 2015 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of City-owned property located at 2750 Hoover Street, N.W. bearing Official Tax Map No. 2430601 where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-371 1 .A.3, Code of Virginia (1950), as amended. l Christopher P. Morrill City Manager Distribution: Council Appointed Officers CITY '14 11-1 nti0=:41416 (10 Lye!: City of Roanoke ROANOKE Single Stream Recycling I' History of Recycling in Roanoke Lyd. Recycling Launched in the 1990's Single Family Homes Duplexes Cartsw/ 2 Pods Bins AivriYrnn hwe[I &be ers rrt. �, i Newspapers need u:,sert a,rar�knf '�-'"' -. ..rte to be stored sepa- sreN eau i— lately n a plastic hag atorimitilimmoomoningt, and placed on top kneed rtes,green , Of the bon. tx wit, } �� .E,''. .: Rinsed&flattened sxthda nvt c tklniumkod tits.-hook"h Acs` &beverage cans. with Rte it-dewed _ Illr ) Rinsed&stac-ked .. ',-- steel cans. etean easy '„`K.e. - Rinsed clear, rec-n lyre �!® Er7 and brown�, ss bottles and jars with ids remn ed. Place only approved reafe+iak kaed Arcn. n the rtAtta.Se Because se t„artSet and yn., Rinser!&flattened constraints we ran dt take every re yctaC plastic:bottles R jugs m tt...at with Ms removed. • Containers were cumbersome • Limited amount of "approved" recyclables Newspaper only— NO other types of paper products Plastics #1 & #2 , cans & glass only— NO #3 - #7 Plastics • Collection every 2 weeks (A &B) History of Recycling in Roanoke 2002 Implementation of "Dual Stream" Weekly Collection (alternating products) Ci . ... _._..... gnaranaa One Week: Paper Products Newspaper, chipboard, cardboard, junk mail, magazines, etc. Co-mingled Next Week: Plastics, Cans & Glass Plastics (#1 - #7) , Glass (Clear & Colored) & Tin/Aluminum Cans Co-mingled Recycling Results 2002 — 2013 Recycling Collected Recycling Tons 3500 3000 2500 2000 I —_ 1500 I ____ •Recycling Tons 1 1000 II 500 II 111111 III I 0 , 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Single Stream Recycling Single Stream : How does it work? Recycle It Together Ab All recyclables in a single ZAPF container: te • Plastics 1 — 7 !. • Glass • Cans • Mixed Paper • Newspaper • Cardboard e Single Stream Recycling e. Local Governments in Virginia if the city of Z ,,), 4triecieni a Newport Where Great Things Are Happening N O R F O L K Life . CeleI7rated Daily . Single Stream Recycling t Additional Equipment Recycling Bins RFID Tags Single Stream Recyclin g Proposed Changes to Service Return to "A" Week and "B" Week: Service half of each quadrant each week 100 Main St—A Week Pick up trash and single stream 100 Main St — B Week Pick up trash only G :f zej Single Stream Recycling trb, Proposed Changes to Service • Bulk and Brush collected every week • Brush piles no smaller than 4' x 4' x 4' and no larger than 6' x 6' x 6' and limited to one bundle per week • Bulk collected weekly and limited to 3 items per week • Bagged trash no longer allowed as a bulk item E* Single Stream Recycling LIO Advantages • Customer convenience, easier to recycle • Improved participation increases savings through reduced tipping fees • Improved customer service, more frequent bulk & brush collection • Streets are cleaner, closed containers eliminate debris • Potential temporary labor reduction creates added savings Challenges L* Contamination Recycling contamination happens when waste material is mixed in with recyclable materials. This causes additional time and labor to extract these materials, which makes the process more costly. Single stream recycling has been proven to increase participation but also to yield higher rates of contamination. Solution: • New containers will have information on the lid clearly explaining what products are recyclable • A well designed educational & outreach campaign that uses best practices from successful programs to create our message ° '`_ • e.% Single Stream Recycling Education & Outreach . . . tliONINNIIIMMXIMISIVAVINNIk A e.Vettite:* 1911, * ,410, THE DAILY NEWS 'e INSERT YOUR HEADLINE HERE SOCIAL MEDIA -- 4P 4 I* ............. ... _ _...... _4..4... _ __ „.............„....„,... . , .......„....,,„„,, .,, ,...- L ............. ........... cyci .............—.- .......— ...- --- ‘,...... . Z , •-• Neighborhood Groups Single Stream i . I i - Roanoke Valley Television diiiiiiiip IOW - .---' ROANOKEGovernment& Ede,ationdl Access CURBSIDE es0 14;1 VALUE PARTNERSHIP Grant Opportunity The Curbside Value Partnership is a 501 (c)(3) organization that currently administers three distinct programs. CVP drN, THE RECYCLING PARTNERSHIP CONNECT CLassc Infrastructure, Outreach Community education a support for marketing technical smaller campaigns assistance communities Over a decade's experience in more than 35 partner communities Single S Recycling i'' � Grant • Curbside Value Partners was created to lend that support to improve recycling participation with tools and support for small cities • Grant is funded by corporations that are vested in improved packaging and interested in seeing increased recycling by providing support to local governments • Roanoke has been offered a grant valued at $179,000 for the following activities: • A professionally created marketing/ outreach campaign free of charge • Creation of an outreach and implementation plan with technical support • Implementation of curbside single stream recycling I� Single Stream Recycling Next Steps • Invitation to Bid (ITB) published for single stream service, select vendor • Respond to Curbside Recycling Partners regarding grant • Coordinate with vendor on equipment and distribution • Outreach and education planning and implementation • Outline plan for distribution of containers 4 Single Stream Recycling QUESTIONS ? Roanoke City C 2015 - 2016 1. . General Reassessment ,_ L. ------.4rp. zk-- January 5, 2015 4 b Ii li_ . �'jl� �ii�'i3 d�L1.91 _ .1 ' :3 111+• }� .. _ A`. • 1' State Law Requirements 1 The Code of Virginia requires that all real property be assessed for taxation at 100% of market value. Our City Code requires that all property be assessed on an annual basis. We notify property owners each January of any changes in the assessed values which will become effective July 1 . Only property owners that received a change in assessment were mailed a notice. This year's notices were mailed today, January Stn 2 Real Estate Assessment Projections FY 2015 - 2016 1 Fiscal Year % of % Increase Total Percent Reassessment From New Increase! Decrease Construction Decrease 2015-2016 -0.24 0.69 0.45 2014-2015 -0.57 0.36 -0.21 See page 20 for more history on Roanoke's reassessments 3 Example of Sales Ratio Calculation • The ratio of an appraised value or assessed value to the sale price of a property. For Example: Assessed Value = $ 180,000 Sale Price = $200, 000 Sales Ratio = $ 180, 000 = 90% $200,000 Source: International Association of Assessing Officers Property Appraisal and Assessing Handbook 4 [ 2012 State Sales Ratio Study Cities/Co. No. Parcels Median Ratio Roanoke 45,854 98% Roanoke County 45,421 99% Charlottesville 15,337 100% Fairfax City 8,838 95% Hampton 50,916 103% Lynchburg 31,588 101% (Biennial) Newport News 53,536 108% Norfolk 73,331 102% Richmond 73,904 98% Salem 10,454 94% Virginia Beach 159,600 99% 5 Source: 2012 Sales Ratio Study dated July 2014 Department of Taxation Parcel Count from 2014 VAAO Salary Survey and includes taxable, exempt, and public service. Roanoke Sales History 120 -_ ______..._________,____..-.____--- 1 00 89 90 91 92 95 97 98 99 99 I 80 60 40 20 0 , 2006 2007 2008 2009 2010 2011 2012 2013 2014 Preliminary Ratio • Posted Ratio 6 Source. Department of Taxation . ''''''''''N\\\ Ur [ RESIDENTIAL PROPERTIES .... ---,. .. . .. ,,,,,. }'• s,.• vl . ..„....., ,. .,. ...., . ,\ •: . ...,..., . . . . . ,,.. , , , ., .. -- , ... ..1:,- .4.,, . 7 Residential Sales Analysis Roanoke Residential Sales Analysis Year 2013 2014 Percent Change Number of Valid Sales 639 602 -5.8% Number of Foreclosures 310 174 -43.9% Median Sales Price $137,000 $138,000 0.7% Average Sales Price $168,400 $170,900 1.5% Represents Single Family and Condo activity from January 1 to October 31 of each year. Other than foreclosures, data includes only valid sales. Source: Proval Database 8 r (111.41) 0 rn 3:idi __ a=m 0 a In IsFi r MI a 71 0 is • 0 }. m 73 ffiR 1, - I rn s Mw�.rbr (I) co [ Commercial Sales Activity 1 YEAR 2012 % Change 2013 % Change 2014 from 2012 from 2013 Number of Valid 42 -24% 32 25% 40 Sales Using valid sales from Jan 1 to Oct 31 Source: Proval database 10 New Construction Activity The Bridges Project, Hampton Inn & Suites Valley View, Neighborhood Walmart Shopping Areas, Krispy Kreme, First Citizens Bank, Downtown Hotel Project, New Development at Valley View, Ukrops Repurposing, o New and Ongoing Rehabs: Ponce de Leon, Parkway 301 , The Locker Room (former YMCA), Flats on Fifth, Horton Lofts, Warehouse Row, The former Leggett building, West Salem Place, Former Cantos bookstore , r . -..��.. .. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I New Construction 1 YEAR 2013 2014 % CHANGE Residential Valuation $9,432,300 $12,885,800 37% Impact YEAR 2013 2014 % CHANGE Commercial Valuation $14,970,100 $34,205,700 128% Impact Note:Actual Permits Jan to Nov and Projected Permits Jan to June—Proval database 12 In Summary Less than half of the City's residential assessed values declined A majority of the commercial properties remained stable this year with a slight overall increase The Apartment sector continues to show strength • Majority of the increase this year is attributable to new construction activity • Sales ratios remain in line with State standards 13 Appealing an Assessment ✓ Appeal directly with the Office of Real Estate Valuation. Appeals are due by February 2rd. ✓ If a property owner does not agree with our appeal decision, they can file an appeal with the Board of Equalization. ✓ If a property owner does not agree with the Board of Equalization's decision, they can then file suit in Circuit Court. 7* tillp s,, 14 Change in the Assessm ent Notice MORE CITY PROPERTY OWNER: Office M Real Estate:Valuation reviews and mlmses more than 45.000 individual parcels of real estate ea h year.Your I is Part 01 ml ongoing process to ensure accuracy and 09100001110140.0000000 htoo0eoat the sly.Fmperty velum because of new corretnict9rt Imxuaemeres, editions, r0rinde809, tend division. rezoning, applemaon, III Prior,Current and Proposed your proposed and prior two year Marla Value Assessments nation.equalization.and Wang.in let ecp0M.c emrtnxhment Charges or market Yak.0961 be leflmt¢.1 in tie Airy cnanx In the assessed wan of ere pmpefty described on Ma ram axe not omen a conevo dna increase or Total Yfarlet=Total Assessed Value of Land and Building(s). decrease n real eaten tabs. The annual tie prowl,/aloe'pays in rod earn*lams o dePOfy bed lr a raw set by the :tiporloko UN Camel.The public tearing to ant tae tax rate eel be held in City Council chambers on April 2h,2012 at 7prn you do not owl the Pticeny described in tla fhotim,SCM6I1 58.1-3330 or the Cocle of VSgr.a Manacle You to IIx%md the -:r.0e to the correct m ne n.neanely If It twain m more sone8r.ont you mot resin the mace to Ms 0110 togatter man • Lett'Rate=Tax Rate set by the Crty of Roanoke City Council tr ire and ud lremi ar the ostler and we w1 send I tiredly to the owner.You should Wpo nobly this orlon if 68 have your mg adV7ss ft.-reedy lilted. wno ere gnafeed Aar the sandal ezempaon programs may not be aneeted by Ma nanessniern • Levy=the dollar anlduas propel y owner will pay to City when mzket value multiplied by the tax rare is applied .= Men Earn]Tax Relief for We Elderly,Disabled and Disabled Veterans Can 540.8532523 Please?rote For persons or pared;that are qualified for one or more of the special exeaQaov programs.the actual Its}- !3.Lo Estate Mawwt4r far Soles.Energy Elliman/Bhd6lgs end Rehab`' Call Call 5540.853 2771 armlmt may be different than the amount shown 3.Lend Use Ausesaferd You reveille t46 b New and make corned of recall maintained by the Office of Real Estate Vatdetah pursuant to§5 58.1- 3331 and 58.1333201 the Cade of vr0rua.The records that are available to you and the procedure for accessing Men.)are Total market x Tax Rare=Tax set out in§g 58.13331 and 58.1-3332 of the Gene a t9gjne. 150,000 x.0119=1"85.00 You may request a review of your assessment by calling 15401 853.2771, If you desire subsequent semoiireratfah by ._ 11se Band of Equalization,you may request the tie-z01sary forms from the onn-e. `bf any appeal of the assessment of your property before the Board of Equalization,you III Prior Levy and Current Levy%of change=The percentage of change from the Prior and Current years compared to the ?;are entitled to certain rights under section 58.1-3331 of the Code of Virginia,including Proposed value_ j Errr opportunity to review and obtain copies of all assessment records pertaining to the sessor's determination of the fair market value of your property. You may also 0o of change is based on the following formula example: '�request the assessor to make a physical examination of your property. Proposed tax—Prior tax—by Proposed tax x 100. City of Roanoke NOTICE OF CHANGE IN ASSESSMENT 1.9'_6.03—1.906.4I-1.906.11 x 100=1.0:8S Office of Rear Estate Val anon 215 Churn Ave SW Roam 250 THIS IS NOT A TAX BILL Nod Rooanoke,Taylor v 9�ue24011Busking Date:January 3,2015 Telephone:14401 853.2711 Visit our wettffe at wear roaloketa 009 Tm Mop Number.9999999 DOorirh:town Tons 5011Dr:9999 Property!Wren:999 Anywhere Street regal Deintiplieo:rot 9 Section 1 Anywhere Sobdo'c n 999 Anywhere Lade Prior Current Proposed Prior Levy Current Levy Somenimare51.9t Assessment Assessment Assn.0000 %Change %Change r- ,".,USA.99999 Lend 25.000 28,000 25.500 &Aiding 125,1100 128,000 129,000 ITotal 150,000 154,000 155.500 L ary Rate 1 19 1.19 1.19 Levy 1785.00 1832.60 1850.45 3.53% .46% 1-I1a9e'note For nerSbn5 or parcels that ale 0001000 for urn ra Ph0,1 d 91E 51101:501 rm_Iniket programs,ne actual Law armoire may be different than she amount shown P4 amine for App ma I are Niprrt1A9 Ina pnopa.ea.a.aereen repew.1005 d line walled le mann.we ef soot d.WMrnwF omen.fie a natured y Ina.tae or the Comnrweann et 0115080 rid Inc Car of 000000 000.NpPC., li yet,0i01 anr.I'*royally it,nd 0110001 nook..GNO in 11111 raw aG0i0Gment ie 501 nano 011 hunaa.104 twnrr pwf•dist.980 may apfw driitt to Me sans M Gin's! Caresser d ti.1 4100 Tet erbium*fa so*. !ahem ilea p.c..trio X Raassssi'rani Asssasrw,d Iris�an-, nil a..noon ml on IM lnwmwl 9moun/ovum M the OFae V 9.1 C..,1hauaiA1 are her 0 CO en In GOO ern Monday Iwo...G,OOV. 1 C ti m10 ,�Reianne, 1 J — Fo,nrl 500000Cn THE PROPOSED ASSESSMENT weL BECOME EFFECTIVE JULY 1. Tax Relief Programs Property Owner's Status: Elderly Tax Freeze Disability Tax Relief Program Veterans Tax Relief Program Real Estate Status: Rehabilitated Tax Abatement Land Use Program Solar Energy Abatement Energy Efficient — Reduced Tax Rate 16 All programs require an application Questions & Comments 1 Susan S. Lower, SRA Steve Staker Director of Real Estate Valuation Deputy Director of Real Estate Valuation Suite 250 Noel C. Taylor Building Suite 250 Noel C. Taylor Building 215 W. Church Ave. S.W. 215 W. Church Ave. S.W. Roanoke, VA 24011 Roanoke, VA 24011 (540) 853-2771 (540) 853-1845 susan.lower(&_roanokeva.gov steve.staker�a7roanokeva.gov KC Bratton Cookie Wall Supervising Appraiser Supervising Appraiser Suite 250 Noel C. Taylor Building Suite 250 Noel C. Taylor Building 215 W. Church Ave. S.W. 215 W. Church Ave. S.W. Roanoke, VA 24011 Roanoke, VA 24011 (540) 853-1833 (540) 853-1835 kelvin.bratton(c�roanokeva.gov cookie.wall(c' roanokeva.gov 17 APPENDIX • Timeline of Assessment Process History of Projected Assessments • History of the Appeals to REV and BOE Map of Field Reviews • Tax Relief Programs 18 Timeline of Assessment Process January: Notices mailed and hearings begin for citizens to appeal February: Hearings end, mail decisions March: Board of Equalization (BOE) begins March: Begin re-assessment process and appraisers field reviewing property data, sales and building permits April 5th : Second payment of tax bill due (previous assessment) RE June 30th : BOE complete July 1St : Begin new fiscal year October 5th : First payment of tax bill due (new January assessed value) • October to December: Appraiser team finalizing re-assessment December: Post and certify the new assessment values December to January 1St : Proofing final values 19 History of Roanoke 's Assessment Changes 1 CALENDAR YEAR FISCAL YEAR %OF REASSESSMENT %INCREASE FROM TOTAL PERCENT INCREASE (DECREASE) NEW INCREASE (DECREASE) CONSTRUCTION 2015 2016 -0.24 0.69 0.45 2014 2015 -0.57 0.36 -0.21 2013 2014 -1.12 0.42 -0.70 2012 2013 -1.64 0.41 -1.23 2011 2012 -0.17 0.40 0.23 2010 2011 .18 1.18 1.36 2009 2010 .68 1.08 1.76 2008 2009 3.04 1.50 4.54 2007 2008 5.23 1.07 6.30 2006 2007 7.88 0.82 8.70 2005 2006 7.32 1.03 8.35 2004 2005 5.98 1.23 7.21 2003 2004 5.85 1.86 7.71 2002 2003 3.22 2.06 5.28 20 [ History of Roanoke 's Appeals Appeals to Real Estate Valuation Year 2010 2011 2012 2013 2014 Parcel 72 74 158 220 174 Count Appeals to Board of Equalization Year 2010 2011 2012 2013 2014 Parcel 34 63 50 60 28 Count 21 Residential Field Reviews ��' Field Reviews a ,,/ t 2013$ 2014 Fairhope t- 34 Countryside Wi_lliamson.Rd - Monterey Norwood North ' ` --- Hershberger 460,East• „,, , .., , . Ridgewood _�outhb ' v Fry, • { Williamson Rd lk • w __ Northwest ' South; L Hurt Parka Y Wilmont/Signal � .r ( ,tti f•- z 4.4 Cherry Hill _ "z .-t-� t r .BOUtheaOt ` y .Old '' ,0'” ��� y'� Raleigh Ct South'west' Grandin Ct . AI Wasena ,; Windsor -�-. . • 4: , . t • . ,i0 0 • llir . SW Ci , Garden City) tys i ' Colonial,Ave 1 '_ . South i / Roanoke i' ME 2013 II.071111. 11% i 2014 ROANOKE REAL ESTATE L. 22 Commercial Field Reviews 2012, 2013 & 2014 r r li tat 420 1,.,x..-1 . Nit 773 I I /'' ).' 40 ° if . 4 y∎` Y f • Ay • T A •- i Mt QM. . -•k tii I , AI. , . Nttm MI Nit 870 .,, r. 14% ....4.1 , ' - t . SI t 0 s, t rttaao s. OM 1 -tillIP- Of, \Vt. M.App , tac....p iolp 4 ,,,,,,,,:_. „ ___ 116,14,4 , . - - •-• ,... _.,,___...,_ ' - or . rf -\,.. 4 0 . (,y s 41■"111. 1",.., . / 2012 2013 ROANOKF - 2014 REAL ESTATE 23 rie- F.li IUD. .3. CITY CLERK 14 DEC 3:9tl IL `54 w Aka , _ ,ii , , ._ . ________jio Budget/Financial Planning Work Session FY 2015-2016 January 5, 2015 1111 -IIIIIII Agenda • FY 2015-2016 Local Tax Projection • Identified FY 2015-2016 Major Changes • Revenue Review • Retreat Follow-Up • Five-Year Operating Financial Plan • Next Steps 2 • 1 Estimated Local Tax Revenue Fiscal Year 2016 FY15 FY16 $Growth °A,Growth Adopted Preliminary (Decline) (Decline) Real Estate Tax $ 78,990,000 $ 79,500,000 $ 510,000 0.6% Personal Property Tax 20,180,000 20,482,000 302,000 1.5% Sales Tax 19,238,000 19,700,000 462,000 2.4% Prepared Food&Beverage 13,659,000 14,069,000 410,000 3.0% BPOL Tax 12,846,000 12,898,000 52,000 0.4% Transient Occupancy Tax 3,881,000 4,267,000 386,000 9.9% Other Local Taxes 31,088,000 31,178,000 90,000 0.3% Total Local Taxes 179,882,000 182,094,000 2,212,000 1.2% 3 Dates to Watch for Refinement of Local Tax Estimates • Jan 31st — appeal period ends for real estate • Late Feb — real estate estimate refined • February — NADA data available for 2014 vehicular values; personal property estimate updated • March 1st — Business license tax due date • Mid March - BPOL estimate refined • Early April — Commissioner of the Revenue releases 2014 personal property levy • Mid April — personal property estimate finalized 4 2 Funding to Schools Up $925,600 or 1 .2% in FY16 Adopted Preliminary Budget Estimate Amount Percent Category FY 2015 FY 2016 Difference Difference Local Tax Estimate $ 179.882,000 $ 182,094,000 $ 2,212,000 12% Personal Property Tax Relief Provided by Commonwealth 8,076,000 8,076,000 - 0.0% Total Revenue Subject to Sharing with Schools 187,958,000 190,170,000 2,212,000 1.2% Deduct Dedicated Taxes: Service District Taxes-Downtown and Williamson Road Districts 659,000 659,000 - 0.0% Local Taxes Dedicated to Regional Tourism Marketing 485,000 533,000 48,000 9.9% Local Taxes Dedicated to by Market Performance Agreement 120,000 120,000 - 0.0% Local Taxes Dedicated to I-tome Depot Performance Agreement 150,000 - (150,000) (100.0%) Local Taxes Dedicated to Cambria Suites Performance Agreemen 200,000 200,000 - 0.0% Total Deductions 1,614,000 1,512,000 (102,000) (6.3%) Adjusted Revenue Subject to Sharing with Schools 186,344,000 188,658,000 2,314,000 1.2% Percentage Allocated to Schools 40.00% 40.00% 40.00% Funding of Schools $ 74,537,600 $ 75,463,200 $ 925,600 1.2% 5 Identified FY 2015-2016 Major Changes Total: $3,731,127 • Medical — $145,900 — Seven months of FY 2016 increase — Anticipated increase of 5% in employer share • Dental - $2,200 — Seven months of FY 2016 increase — Anticipated increase of 3% in employer share • Retirement— ($978,000) — Decrease in rate from 22.23% to 20.64% • Implementation of Employee Contribution to Retirement — $590,000 — Funding to hold employees harmless from tax implications for 5% employee contribution to retirement 6 3 Identified FY 2015-2016 Major Changes (continued) • Retirement Health Savings Account (RHSA) Match - $213,600 — 1% matching contribution for participating employees • Affordable Healthcare Act- ($124,573) — Medical insurance coverage for 20 employees currently not participating in City health plan —($125,090) • Budgeted for 75 in FY 2015 — Reinsurance Program —($8,274) • $44 per year for each covered individual(2,982) • Effective January 1,2014-December 31,2016 — Headcount Tax- $2,304 • $3 for each covered individual(2,982) — Medical Insurance coverage for 5 Part-Time Employees — $6,487 • 5 additional eligible employees elected to add coverage effective January 1, 2016 7 Identified FY 2015-2016 Major Changes (continued) • Local Aid to the Commonwealth - $682,000 • Reserves - $250,000 — Increase in base funding above current$875,000 level • Life Insurance — Current rate of 1.19% • VRS - Sheriff — Current rate of 22.42% • Employee Compensation - $2,700,000 — 3% Salary increase • Debt Service - $250,000 — Multi-year plan to restore debt service funding for future years 8 4 Historical Reductions to Balance the Budget $10 - - 9 $9 $8 - - 7.2 $7 c $6 5.1 $5 $4 2.7 2.8 $3 2.2 $2 - � : • • • • 0.6 $0 ..0?"\..0,0C1134.ecli,,10\7.004:1/4,10‘1:A19• 10.041:05)\43 Includes FTE reductions of 199 since FY 2007. Revenue History 265 759.3 260.5 260.1 260 1S9.5 755 254A 251.5 751.8 250.2 250 Ti _,745 8 740 235 230 275 5308 1709 !YID FY11 FY12 rY11 FY14 FY 1S (Moped) Revenues for all fiscal years have been adjusted for tax rate changes and day care revenues for comparability Red line represents inflation adjusted buying power in 2008 dollars 5 Real Property Tax • VA Code:§58.1-3200(2014)-Assess • City Code: Sections 32-16—32-27—Rate • Rate decreased from 1.21 to 1.19 on 7/1/2006 City of Roanoke s Year Trend -Tax Rate per$100 of assessed value $ 1.19 1.19 1.19 1.19 1.19.. -Shared W Roanoke 1.0 _ City Public Schools ith at o$ 40% Ob 0.4 Value of$.01 oz 7 =$648,000 oo FY10 5011 IYI) IY15 IY14 Median Value Single Home 132,297 132,361 135,000 128,398 125,704 124,171 13 111 111 125,000 120,000 115,000 110,000 105,000 100,000 FY 10 FY11 FY12 FY 13 FY 14 R/E Tax paid on Median Value Single Home 1.590 �------- --1,574 1,575 1,570 1,550 1,530 1,528 1,510 1,496 1,490 1,478 1,470 1,450 FY10 FY11 FY12 FY13 FY14 6 Real Property Tax Neighbors and VA First Cities Hampton 1.24 Newport 1.22 News Norfolk 1.11 Portsmouth 1.24 Richmond 1.20 Roanoke 1.19 City Lynchburg 1.11 Roanoke 1.09 County Salem 1.18 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 $ Tax Rate per$100 of assessed value, 13 Source:Weldon Cooper Center for Public Service 2013 Tax Rates Meals Tax • VA Code: §58.1-3840(2014)-Impose • City Code:Sections 32-283—32-298-Rate City of Roanoke 5 Year Trend -Shared With Roanoke City Public Schools at 1.0 0 40% 70 1' 6.0 +' S.0 ao Value of 1% ao =$2,645,000 2.0 1.0 0.0 — -- f� FY10 FY11 FY12 FY13 FY14 7 Meals Tax Neighbors and VA First Cities l Richmond 6.0 MNMOOMNIINMMMIMMMIO Norfolk -_____ 6.5 Newport News 7.5 -1' MENNOMMENIMENNIMMI Hampton 73 IMMUNE/111111/11111111111.1111 I Portsmouth 6.5 Roanoke City -� 5.0 Roanoke County 4.0 Salem M 6,0 - 111=M1111111111111.1111111111 Lynchburg 6.5 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 Source:Weldon Cooper Center for Public Service 2013 Tax Rates Personal Property Tax • VA Code:§58.1-3500(2014)-Assess • City Code:Sections 32-104—32-112-Rate 4 City of Roanoke 5 Year Trend -Tax Rate per$100 of assessed value $ 3.45 3.45 3,45 3.41_ 3.45 ii 3.50 Y -Shared With Roanoke 300 I- • • City Public Schools at 2 DO 1 I • 1 O 40% 2.50 ; — 1.50 M- Value of$.01 1.00 - --- =$57,000 0.50 - --! 0.00 FY10 1011 1312 VY1; 1314 4 41 8 4 Personal Property Tax Neighbors and VA First Cities Hampton 1111111111111 4.25 • Newport News 4.50 1 --- Norfolk � �� 433 Portsmouth l '5.00 -j. 1111111111111 Richmond _ 3•7C - Roanoke City ■ 3.45 MEM Lynchburg ti, - 3.80 Roanoke County • 3.50 Sale m 3.20 0.00 1.00 2.00 3.00 4.00 5.00 $ Tax Rate per$100 of assessed value, Source:Weldon Cooper Center for Public Service 2013 Tax Rates Lodging Tax • VA Code:§58.1-3840(2014)-Impose • City Code:Section 32-239-32-240-Rate City of Roanoke 5 Year Trend % RO j -Shared With Roanoke 6.0 1.0 zo _7_0__ i.o-_ City Public Schools at 7.0 ___ _ _ 40% GO 0 -3/8 shared With 5.0 0 1 11 Convention and Visitors 4.0 Bureau 3.D 0 ill I 2.0 __ Value of 1% 1.0 0 III =$485,000 FY10 FY11 FY12 FY13 FY14 9 Lodging Tax Neighbors and VA First Cities Hampton 8.0 1 _1.1.___1.111._ Newport News I 7.5 Norfolk _______ Portsmouth • 8.0 Richmond 6.0 Roanoke City 8.0 .111.111111111...= Lynchburg ___ Roanoke County 7.0 Salem 7.0 - 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 % •Note: Plus$1 per night for Lynchburg Source:Weldon Cooper Center for Public Service 2013 Tax Rates Business/Professional/Occupational Licenses (BPOL) • VA Code: §58.1-3703(2014)-Assess • City Code:Sections 19-1-19-31—Rate • City Code:Sections 19-71—19-82-Rate City of Roanoke Current Rate: Business/ Maximum -Tax Rate per$100 of Professional/ Tax Rates State Rate assessed value Occupational Licenses (per$100) _(per$100) Contracting 0.16 0.16 -Shared With Roanoke Retail 0.20 0.20 City Public Schools at Repair,Personal&Business Svcs 0.36 0.36 40% Financial 0.50 0.58 Real Estate&Prof.Svcs 0.58 0.58 Wholesale,Gross Purchases 0.26 plus$44 Various 10 Residential Solid Waste Fee The localities that do collect such fee are: (Per year) Portsmouth $400.32 Tags: $11.40 per 32 gallon; Lynchburg $23.28 per 64 gallon plus$60 annual $280.80-60 gallon cart; Newport News $351 -90 gallon cart Norfolk $327.36 Richmond $210 per can $520;or$299 if a household Hampton recycles at least twice per month Retreat Follow-Up Items • Motor Vehicle License • Business License Tax 22 11 Motor Vehicle License Tax • VA Code:§46.2-694(2014)-Assess • City Code: Sections 20-28 —Rate City of Roanoke 5 Year Revenue Trend 2,5W,000 -Shared With Roanoke City Public Schools at 2,000,000 40% 1,500.000 Value of$1.00 1,000,000 • =$102,000 500,000 FY11 FY12 FY13 FY14 {Y1S Adopted 23 Motor Vehicle License Tax Neighbors and VA First Cities Hampton -_-- 35 Newport News 26 Norfolk ___ 26 Portsmouth 25 Richmond 23 Roanoke City ___ 20 Roanoke County __- 20 Franklin County 25 Botetout County ___ 20 Vinton _-_ 20 - Lynchburg 29.5 immommum Salem .1111111M11111/ 20 $ 0 5 10 15 20 25 30 35 24 12 Business License Tax Rates Retail Business Professional Business Type: Contractor Merchandiser Personal Services Financial Services Business License Rate .10/0100 .20/$100 .36/0100 .501$100 .58/0100 Gross Receipts: $0-$100,000 Small $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $100,001-$999,999 Medium $ 800.00 $ 1,000.00 $ 900.00 $ 2,500.00 $ 2,900.00 $1,000,000+ Large $ 8,000.00 $ 10,000.00 $ 3,600.00 $ 25,000.00 $ 14,500.00 25 5 Year Financial Planning • Strategic Planning Tool • Advance discussion of revenue and expenditure issues • Identifies a possible fiscal gap to be closed each year during budget development 26 13 Business License Tax Rates 1 I Retail Business Professional Business Type: Contractor Merchandiser Personal Services Financial Services Business License Rate .16/5100 .20!5100 .36/5100 .5015100 .58/S100 Gross Receipts: $0-$100,000 Small $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $100,001-$999,999 Medium $ 800.00 $ 10.00 $1,000,000. Large Largge $ 8,000.00 $ 0.00 5 3,600.00 $ 25,000 00 $ 14,500.00 25 5 Year Financial Planning • Strategic Planning Tool • Advance discussion of revenue and expenditure issues • Identifies a possible fiscal gap to be closed each year during budget development 26 13 5 Year Financial Plan • Inputs: — Determine assumptions on revenue growth and expenditure growth — Manual exceptions — External influences and opportunities — Debt assumptions — Capital goals • Output: — Framework for discussion and use as a planning tool 27 Current Baseline Assumptions • Revenue — Real Estate growth: • FY 2016: 0.45% • FY2017: 1% • FY 2018: 1% • FY 2019: 1% • FY 2020: 1% - 1% growth on all other revenue categories • Expense -Retirement: rate stabilization -Includes anticipated debt service -3% growth on all other expenditure categories -3% pay increases 28 14 REVENUES,EXPENDITURES&UNASSIGNED FUND BALANCE $300.0 $290.0 $280.0 ,� $220.0 z 0 3 $260.0 F `" $250.0 $240.0 $2330 $220.0 0120110 0120158 0120160 F120171 112018F 1120190 F120200 nal VARIANCE $0.7 $0.0 $(7.6) $(10.4) $(16.4) $(20.8) $(27.7) VAR BASE $258.8 $260.1 $270.2 $274.2 $281.3 $286.9 $294.9 BA139(6 $26.8 $26.8 $19.2 $t8 $(7.6) $(28.4) $156.1) -50118(85 $259.5 $260.1 $262.6 $263.8 $264.9 5266.1 $261.3 - -1.15'.5 $258.8 $260.1 $270.2 $274.2 52813 $286.9 $294.9 29 Timeframe • 5 Year Financial Plan Modeling - Inclusion of input from Directors and Managers submitted January 5th - Discussion with Council during briefings • Inclusion in the FY 2016 budget document 30 15 Next Steps • Budget Offers due today, January 5, 2015 • DMB Staff and Priority Team Reviews • Council Briefing — February 2, 2015 — Price of Government — Offers by Priority — Capital Planning — 5 Year Operating Planning 31 Appendix 32 16 FY 2016 Revenue Values Local Tax Revenues Shared 40.0% with RCPS Current Rate Change Tax Rate Maximum Rate Value II Real Estate $1.19 None $.01 =$650,000 Personal Property $3.45 None $.01 =$58,000 Cigarette(20 per pack) $0.54 None $.01 =$41,000 Transient Occupancy 8% None 1%_ $533,000 Admissions(General) 5.5% None 1%=$79,000 Prepared Food& Beverage 5% None 1%=$2,814,000 Motor Vehicle License $20.00 $33.00 $1 =$102,000 33 Real Estate Taxes-Current&Delinqent FYU8-FY14 Actual FY15 Projected FY16 Estimate (Dollars in Thousands) $85,(KO 79,340 80,136 80,381 79,537 79,069 78.990 79,500 $8 0'°C° 77,746 74,319 ---" 570.000 .__. 565,000 560,000 555,000 $50,000 FY08 FY39 FY10 FY11 FY12 FY13 FY14 FY15 FY16 Adopted Estimate 34 Red line represents inflation adjusted buying power in 2008 dollars 17 Personal Property Taxes-Current&Delinquent FYO8-FY14Actual FY15 Adopted FY16 Estimate (Dollars in Thousands) 525,003 523,000 19,161 19,159 18,943 20,045 20,115 20,387 ill 1ifil 17,655 $15,000 $13,300 $5,000 5- FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 Adopted Fstimate Red line represents inflation adjusted buying power in 2008 dollars 35 Business and Occupational License Taxes-Current and Delinquent FY08-FY14 Actual FY15 Adopted FY16 Estimate (Dollars in Thousands) $14,000 12,568 12,490 $12,000 11,595 11,295 11,795 12,071 12,328 12,376 12,428 $10,000 -- $8,000 $6,000 $4,000 52,000 $0 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 Adopted Estimate Red line represents inflation adjusted buying power in 2008 dollars 36 18 Sales Taxes FY08-FY14 Actual FY15 Adopted FY16 Estimate (Dollars in Thousands) 21,572 20,448 19,700 19,147 19,437 19,237 19,238 5!11000 18,096 18,602 515000 c�p00 FY08 ,Y09 FY10 'Ylt FY12 FY13 FY14 FY15 FY16 Adopted Estimate Red line represents inflation adjusted buying power in 2008 dollars 37 Prepared Food and Beverage Tax-Rate Adjusted FY08-FY 14 Actual FY15 Adopted FY16 Estimate (Dollars in Thousands) 516,000 13.659 ]4,069 514.070 12,875 13,226 12.297 512,000 11,561 11,497 11,451 11,160 $10,000 58,000 $6,000 54,000 - FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 Adopted Estimate Red line represents inflation adjusted buying power in 2008 dollars 38 19 Real Estate Taxes-Current&Delingent Growth Percent vs Prior Year 8.0% 7.0% • 6.0% 5.0% 4.0% 2.0% 1.0% 0.0% r- -1.0% -2.0% -3.0% FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 Adopted Estimate 39 Sales Taxes Growth Percent vs Prior Year 4% 2% _ _ 096 -2% -4% -6% -8% 10% -12% -14% FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FYI6 Adopted Estimate 40 20 Prepared Food and Beverage Tax-Rate Adjusted Growth Percent vs Prior Year • s96 4% 296 0% -2% FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 Adopted Estimate 41 Transient Occupancy Tax-Rate Adjusted Growth Percent vs Prior Year most_F 10.0% s.ox FY08 FY09 1510 FY11 FY12 FY13 FY14 F515 FY16 Adopted Estimate 42 21 FFn,G n4 of C, Jzen / pacScg, hcr J Co 2Ei mr mayor, members of city council, my name is david courey. i live at 3419 ashmeade dr, s.w. it has come to my attention that non police dept citizens are now issuing parking tickets in the downtown area of the city of roanoke. it is also been my understanding that these same citizens work at or have an interest in the local downtown parking lots that charge for parking. i am shocked that you as a governing board, would allow such a conflict of interest in the issuing of a legal obligation to other citizens. is this what our police dept has come to? i remember that our police dept could not control speeding on jamison ave se, so concrete barriers were put in the road, making it an obstacle course type of city street. in my opinion, a complete failure of our police dept to enforce our laws in that area was admitted to at that point. ok, that is past, and i know you will do nothing to correct that fiasco, but you must address citizens with a conflict of interest issuing legal traffic citations. this matter was brought to my attention by an article in the Roanoke times. In addition, a citizen contacted me that was issued a parking ticket in downtown roanoke. it was documented that the time of issue was so incorrect on when the alleged violation was committed, that it should have been voided. i am sure you can understand how a conflict of interest might be a situation and a problem here. When citizens are given the responsibility to perform police duties which result in fines, in theory, that becomes vigilantly law. i might ask if these private citizens with this obvious conflict of interest, have graduated from our police academy. if not, you have taken a duty of our police dept, and degraded it, and in so doing, have degraded our entire police dept. does it smell rotten? Yes , bad enough to run the dogs off a meat wagon. I simply ask you to please address this matter. please stop this disrespect for our laws, and the dishonor of a once proud police dept. i trust i will not be the victim of police reprisal because of my statements here today. thank you for allowing me the opportunity to voice my concerns Miscellaneous: City Council 01/14/2015 • OFFICE OF THE CITY MANAGER Noel C.Taylor Municipal Building as 215 Church Avenue,SW,Room 364 Roanoke,Virginia 24011 ROANOKE 540.8532333 www.roanokeva.gov January 12, 2015 Mr. David Courey 3419 Ashmeade Drive, S.W. Roanoke, Virginia 24018 Dear Mr. Courey: Thank you for your comments regarding the issuance of parking tickets in downtown Roanoke which you made at the January 5, 201 5 City Council meeting. The laws of the Commonwealth of Virginia give broad discretion to local governments related to the issuance of parking tickets on public streets, allowing such issuance to be undertaken by both public employees (sworn and unsworn) and private contractors who are acting as the City's agent in such actions. Since at least 2001 , on-street parking enforcement was provided by unsworn/civilian City employees. In 2014, the function of enforcement of on-street parking and the issuance of parking citations was transitioned from the Office of Billings and Collections to the City's downtown parking contractor operating under the auspices of Park Roanoke. This transition enabled the operation of all parking functions in Roanoke's downtown to be coordinated and supervised under one single entity to ensure operational consistency and efficiency. Our goal in establishing and enforcing parking time limits in downtown is to ensure that a limited amount of parking supply is prudently managed so as to ensure as many citizens as possible seeking parking on-street may have access to those parking spaces. Throughout the administration of parking enforcement over the past decade, the ability of citizens who are cited for parking infractions to appeal such citations has not changed, nor has the level of oversight by the City Administration of that function been diminished. We are very sensitive to the careful balance needed to ensure maximization of on-street parking availability for all citizens while, at the same time, executing a fair and equitable process of parking enforcement. We operate our parking system consistently within the laws of the Commonwealth, and with a level of oversight that provides citizens with the widest range of parking options possible in our downtown to meet their needs. Sincerely,2fJ/ C ristopher P. Morrill City Manager c: The Honorable Mayor, and Members of City Council -� �G CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 5, 2015 Subject: Request to Schedule a Public Hearing to Consider Sale of City- Owned Property Located at 209 Henry Street, N.W. Background: The Roanoke Higher Education Authority (Authority) has requested that the City of Roanoke convey a portion of a property located at 209 Henry Street, N.W., (Official Tax Map #2013001 ) to the Authority for expansion of the Virginia Western Community College Culinary Arts Program. The conveyance would also include a nonexclusive access easement on adjacent City-owned properties (Official Tax Map #201 3016 and #201 3006.) City staff has prepared a proposed Contract for Purchase and Sale of Real Property to convey the subject property and easement to the Authority. Under Section 15.2-1800, et seq., Code of Virginia (1950), as amended, prior to selling City-owned property the City is required to give prior public notice, conduct a public hearing, and adopt an ordinance by City Council. Recommended Action: Authorize the City Clerk to schedule and advertise a public hearing on the proposal involving the sale of City-owned property located at 209 Henry Street, N.W., Roanoke, Virginia and a nonexclusive access easement on adjacent City- owned properties, to be held on January 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be reached, or such other date and time as deemed appropriate by the City Manager. • 'stopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development 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 E-mail: clerk®roanokcva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant City Clerk January 6, 2015 Nancy B. Page 2422 Avenham Avenue, S. W., Apt. #3 Roanoke, Virginia 24014 Dear Ms. Page: A communication from the City Clerk advising of your resignation as a member of the Blue Ridge Behavioral Healthcare Board of Directors was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, January 5, 2015. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Blue Ridge Behavioral Healthcare Board of Directors from November 5, 2012 to January 5, 2015. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, rely Stephanie Moon Reynolds, C City Clerk Enclosure pc: Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 CERTIFICATE OF APPRECIATION PRESENTED TO NANCY BUNCH PAGE j� -,„ AS A MEMBER OF THE /, BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS FROM NOVEMBER 5, 2012 TO JANUARY 5, 2015. ■ ON THIS 6TH DAY OF JANUARY , 2015 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: ,ate- , o� �. DAVID A.BOWERS S EPHANIE MOO L.YNOL 4 MAYOR CITY CLERK 414 CITY OF ROANOKE vtrist OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 I £ Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant City Clerk January 6, 2015 Max W. Davis 413 Darwin Road, S. W. Roanoke, Virginia 24014 Dear Mr. Davis: A communication from the City Clerk advising of your resignation as a member of the Blue Ridge Behavioral Healthcare Board of Directors was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, January 5, 2015. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Blue Ridge Behavioral Healthcare Board of Directors from March 3, 2014 to January 5, 2015. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie Moon eynoldsI MC City Clerk Enclosure pc: Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 CERTIFICATE OF APPRECIATION PRESENTED TO ,kt .? .t);1 MAX W. DAVIS lei . > ';7, ij c) AS A MEMBER OF THE �.^ BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS FROM MARCH 3, 2014 TO JANUARY 5, 2015. ON THIS 6TH DAY OF JANUARY , 2015 IN RECOGNITION OF PUBLIC SERVICE TO THE CITY OF ROANOKE APPROVED: ATTEST: i dnetti1 0,4/ DAVID A. :OWERS PHANIE MOON REYNO=P MAYOR CITY CLERK 1:;. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk®,roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 5, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Nancy Bunch Page and Max W. Davis have tendered their resignations as members of the Blue Ridge Behavioral Healthcare Board of Directors, effective December 31, 2014 and October 16, 2014, respectively. Sincerely, Xr.14164:44.)Stephanie M. Moon Reynol , MMC City Clerk Bruce Thomasson Chairman Blue R I d g e Donna Henderson Vice Chairman Linda Franke Treasurer Behavioral Linda Manns secretary Healthcare Debbie Bonniwell December 16, 2014 Mr. Christopher P. Morrill City Manager City of Roanoke 215 Church Avenue, SW, Suite 456 Roanoke, Virginia 24011-1536 Dear Mr. Morrill, By way of introduction, I joined Blue Ridge Behavioral Healthcare as its fourth Executive Director in January 2014. We have recently been notified of the resignation of two City of Roanoke appointees to the Blue Ridge Behavioral Healthcare Board of Directors, both with unexpired terms of office: Ms. Nancy Bunch Page, resignation effective December 31, 2014. • (Current unexpired term of office ending December 31, 2015) Mr. Max W. Davis, resignation effective October 16, 2014 (Current unexpired term of office ending December 31, 2016) As I am sure you are aware, Blue Ridge Behavioral Healthcare serves as the Community Services Board for the City of Roanoke, as well as the City of Salem and the Counties of Botetourt, Craig, and Roanoke. Potential candidates are encouraged to visit www.brbh.org for information about the agency. I would be happy to talk with interested persons about the duties, responsibilities, and time and attendance commitments expected of Board membership. As per the Code of Virginia 37.2-501, we look forward to receiving new appointees to fill these two unexpired terms with members that are broadly representative of the community. If possible, we currently have an at-large member, Mr. Dan Karnes, who is a city resident, and is willing to transfer to the unexpired term of Ms. Page. Composition of the CSB Board is outlined in Code of Virginia Title 37.2- 501, Paragraph 2. If I can be of assistance in this process or if you have any questions that I may be helpful with, please do not hesitate to contact me at 540-345-9841 at your convenience. I look forward to working with you now and in the future. Sincerely, Debbie Bonniwell, MBA, MSSW, LCSW Executive Director Cc: Ms. Stephanie M. Moon, MMC, City Clerk Mr. Bruce Thomasson, Chair, Board of Directors (BRBH) Mr. Dan Karnes Executive Offices 301 Elm Avenue SW Roanoke,Virginia 24016-4001 (540)345-9841 Fax(540)345-6891 The Community Services Board serving the Cities of Roanoke and Salem,and the Counties of Botetourt,Craig and Roanoke CCommontuealtlj of Virginia Auditor of Public Accounts Martha S.Mavredes,CPA P.O.Box 1295 Auditor of Public Accounts Richmond,Virginia 23218 November 21, 2014 David Bowers Mayor 215 Church Avenue, SW, Room 452 Roanoke, VA 24011-1594 City of Roanoke Dear Mr. Bowers: We have reviewed the Commonwealth collections and remittances of the Treasurer, Commissioner of the Revenue, Sheriff, and Commonwealth's Attorney of the locality indicated for the year ended June 30, 2014. Our primary objectives were to determine that the officials have maintained accountability over Commonwealth collections, established internal controls, and complied with state laws and regulations. The results of our tests found the constitutional officers complied, in all material respects, with state laws, regulations and other procedures relating to the receipt, disbursement, and custody of state funds. Sincerely, Gt .A. 0/41/4141 Auditor of Public Accounts MSM: kwv cc: Christopher P. Morrill, City Manager Evelyn W. Powers,Treasurer Sherman A. Holland, Commissioner of the Revenue Timothy A. Allen, Sheriff Donald S. Caldwell, Commonwealth's Attorney www.apa.virginia.gov I (804) 225-3350 I reports @apa.virginia.gov CITY OF ROANOKE `� OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 'telephone: (541))853-2541 Fax: (5411)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: rlcrk(rtiroanokeva.l;ov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk January 14, 2015 CECE.LIA T.WEBB,CMC Assistant Deputy City Clerk Debbie Bonniwell, Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue SW Roanoke, VA 24016 Dear Ms. Bonniwell: Your communication recommending concurrence in the reappointment of Bruce Thomasson, as a Board at-large member of the Blue Ridge Behavioral Heathcare Board of Directors, having replaced Larry Cadd, effective January 1 , 2012, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 201 5. Council concurred in the ratification of the reappointment of Mr. Thomasson as a Board appointee At-large member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term commencing January 1 , 201 5, and ending December 31 , 201 7. Sincerely, � , len Stephanie M. Moon ynold$ MC City Clerk pc: Deborah C. Jacks, Deputy Clerk, Roanoke County Board of Supervisors, P. 0. Box 29800, Roanoke, Virginia 24018-0798 Krystal Farmer, Deputy Clerk of Council, Salem City Council, P. 0. Box 869, Salem, Virginia 24153 Susan Johnson, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Susan Fain, Clerk, Botetourt County Board of Supervisors, 1 West Main Street, Box 1, Fincastle, Virginia 24090 B. Clayton Goodman, Ill, Clerk, Craig County Board of Supervisors, P. 0. Box 308, New Castle, Virginia 24127 Blue Ridge Bruce Thomasson Chairman Donna Henderson vice Chairman ®a Linda Franke Treasurer :-'-- Behavioral Linda Manns secretary Healthcare Executive Director Debbie Bonniwell December 16, 2014 Mr. Christopher P. Morrill City Manager City of Roanoke 215 Church Ave, SW, Room 364 Roanoke, VA 24011 Dear Mr. Morrill: According to our Board records,the second term of Mr. Bruce Thomasson as an at-large representative on the Blue Ridge Behavioral Healthcare Board of Directors will expire on December 31, 2014. This Board nominates it's at-large representatives, and asks the participating governing bodies to ratify those appointments. Mr. Thomasson most recently served as the Board President, and his leadership and experience has been invaluable to the organization. At our December 11, 2014 Board meeting, the Board unanimously endorsed Mr. Thomasson to serve an additional term as an at-large member for which he is eligible according to Title 37.2 - 502 of the Code of Virginia. We respectfully request that the Roanoke City Council ratify the reappointment of Mr. Thomasson for his third term, from January 1, 2015 through December 31, 2017. This request is being sent concurrently to administrators in each of our other four local governing bodies for their ratification of at-large members as called for in our By-laws. If I can be of assistance in this process or if you have any questions that I may be helpful with, please do not hesitate to contact me at 540-345-9841 at your convenience. Sincerely, Debbie Bonniwell, MBA, MSSW, LCSW Executive Director C: The Honorable David A. Bowers, Mayor Mr. Bruce N. Thomasson Executive Offices 301 Elm Avenue SW Roanoke,Virginia 24016-4001 (540)345-9841 Fax(540)345-6891 The Community Services Board serving the Cities of Roanoke and Salem,and the Counties of Botetourt,Craig and Roanoke °* CITY OF ROANOKE e :- OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 F.-mail: cicrkOnroanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 7, 2015 Debbie Bonniwell, Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, S.W. Roanoke, Virginia 24016 Dear Ms. Bonniwell: This is to advise you that Paula L. Prince has qualified as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors, for a three-year term of office ending December 31, 2017. Sincerely, elset Stephanie Moon Reynolds, MC City Clerk SMR:jec Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Paula L. Prince, 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 City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a three-year term of office ending December 31, 2017, according to the best of my ability. So help me God. 4. 43/4 aWta- PAULA L. PRINCE The foregoing oath of office was taken, sworn to, and subscribed before me by Paula L. Prince this '0 day of kWh letk 2014. Bren'a S. Hamiltin, ler. of the Circuit Court 42-2, 1 ' By .4 LE(/ e ,-G}erkr CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail elerk®roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 6, 2015 Tina Carr, Secretary Board of Zoning Appeals Roanoke, Virginia Dear Ms. Carr: This is to advise you that Bryan A. Musselwhite has qualified as a member of the Board of Zoning Appeals for a three-year term of office ending December 31, 2017. Sincerely, h^ Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Bryan A. Musselwhite, 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 Board of Zoning Appeals for a three-year term of office commencing January 1 , 2015 and ending December 31 , 2017, according to the best of my ability. So help me God. A• IjiifV11l1ttt> BROGAN A. MUSSELWHITE The foregoing oath of office was taken, sworn to, and subscribed before me by Bryan A. Musselwhite, this of d/u0/'.2014. Brenda S. Hamilton, Clerk of the Circuit Court By • . ... ._dea/ .fi , Clerk CITY OF ROANOKE c r:: OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 t = "' " Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC S1 ENIANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 6, 2015 Tina Carr, Secretary City Planning Commission Roanoke, Virginia . Dear Ms. Carr: This is to advise you that Angela S. Penn has qualified as a member of the City Planning Commission for a four-year term of office ending December 31, 2018. Sincerely, a4A/7 Stephanie M. Moon Reynolds, MM City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Angela S. Penn, 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 City Planning Commission for a four-year term of office commencing January 1, 2015 and ending December 31, 2018, according to the best of my ability. So help me God. tic it c ) arN-- ANGELA S. PENN The foregoing oath of office was taken, sworn to, and subscribed before me by Angela S. Penn this 124L day of 2014. Br S. Hamilton, �I of the Circuit Court 13 ./ Qua) '/Ou),.Ab, C , Cleik CITY OF ROANOKE OFFICE OF THE CITY CLERK art 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk January 6, 2015 Robert A. Clement, Jr. Neighborhood Services Coordinator Roanoke, Virginia Dear Mr. Clement: This is to advise you that Chris H. Craft has qualified as a member of the Roanoke Neighborhood Advocates, to fill the unexpired term of Anthony Tate ending June 30,2016. Sincerely, tithrill,-1111• rtsYk Relacki/ Moon R nolds'MMC Stephanie M. o on , City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Chris H. Craft, 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 Neighborhood Advocates to fill the unexpired term of Anthony Tate ending June 30, 2016, according to the best of my ability. So help me God. IlArri / I - CHRIS H. CRAFT The foregoing oath of office was taken, sworn to, and subscribed before me by Chris H. Craft thist7fr day o ,e('e/AA/ 2014. Brenda S. Hamilton, Clerk f the Circuit Court 1 0 an-70/1/47, Clerk CITY OF ROANOKE e, ,<. OFFICE OF THE CITY CLERK -see 215 Church Avenue,S.W.,Suite 456 Pj; r Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 �:.;.?-U- Fax: (540)853-1145 STEINIANIE M.MOON REYNOLDS,MMC E-mail: clerk a roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk January 6, 2015 Peggy Bishop, Secretary Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Ms. Bishop: This is to advise you that Michael Shockley has qualified as a City representative of the Roanoke Valley Resource Authority, for a four-year term of office ending December 31, 2018. Sincerely, air. Air,Stephanie M. Moon Re ,�/1NIC no1'ds P Y City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael Shockley, 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 City representative of the Roanoke Valley Resource Authority for a four-year term of office ending December 31, 2018, according to the best of my ability. So help me God. Mic ' •el Shock! y The foregoing oath of office was taken, sworn to, and subscribed before me by Michael Shockley this I d, day of DeCefl\b3.2014. Brenda S. Hamilton, Clerk of the Circuit Court ByCr2_,d � , Clerk i> TnT. CITY OF ROANOKE OFFICE OF THE CITY CLERK gk)'] 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 January 7, 2015 CECELIA T.WEBB,CMC Assistant City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 40142-010515 authorizing you to execute a lease agreement between the City and Old Southwest, Inc., for use of a certain City-owned property known as the Alexander-Gish House, 641 Walnut Avenue, S. W., Roanoke, Virginia, located in Highland Park, together with an outbuilding, gazebo and parking lot, for a five year term, renewable for two (2) additional five (5) year terms upon the mutual consent of the parties and subject to the approval of City Council of the City of Roanoke, 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, January 5, 2015; and is in full force and effect upon its passage. Sincerely, —444C4 AI hi Stephanie M. Moon Reynolds, MC City Clerk Enclosure pc: Jason Cromer, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steve Buschor, Director, Parks and Recreation IN TILL. COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th clay of January, 2015. No. 40142-010515. AN ORDINANCE authorizing the City Manager to execute a lease agreement between the City and Old Southwest,Inc.,for use of a certain City-owned property known as the Alexander-Gish House, 641 Walnut Avenue, S.W., Roanoke, Virginia, located in Highland Park, together with an outbuilding, gazebo and parking lot, for a five year term, renewable for two (2) additional five (5) year terms upon the mutual consent of the parties and subject to the approval of City Council of the City of Roanoke, upon other terms and conditions; authorizing the City Manager to implement, administer,and enforce such lease;and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on January 5, 2015, pursuant to Sections 15.2- 1800(B)and 15.2-1813, Code of Virginia(1950),as amended,at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute, on behalf of the City of Roanoke,a lease agreement with Old Southwest, Inc., for use of a certain City-owned property known as the Alexander-Gish House, 641 Walnut Avenue, S.W., Roanoke, Virginia, located in Highland Park, together with an outbuilding,gazebo and parking lot,for a five year term,beginning Januaiy 1,2015, and ending December 31,2019,with an option to extend the lease for two(2)additional five(5)year terms upon mutual agreement of both parties and subject to the approval for such extensions by City 0-Gish House Lease 12.16.14.doe Council, at an annual lease fee of$1.00 over the five-year period, upon such terms and conditions as more particularly set forth in the City Council Agenda Report dated January 5, 2015. 2, The Lease shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the above mentioned Agenda Report. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 4. .y/ " ! " CityClerkP 0-Gish House Lease 12.16.14.doe ""rl` CITY COUNCIL AGENDA REPORT virAkciiv To: Honorable Mayor and Members of City Council Meeting: January 5, 201 5 Subject: Lease of City-owned Property (Alexander-Gish House located in Highland Park at 641 Walnut Avenue, S.W.) to Old Southwest, Inc. Background: Since 1989, the City of Roanoke has leased the historic Alexander-Gish House (Gish House), located at 641 Walnut Avenue, S.W., and a portion of Highland Park which surrounds the Gish House to the Old Southwest, Inc. (OSW, Inc.) neighborhood organization. Since that time, OSW, Inc., has used its own resources to fully renovate and maintain the historic structure and has used it as its organizational offices, community meeting space, and created one rental residential dwelling unit on its second floor. OSW, Inc., has leased the Gish House from the City at a rental rate of $1 .00 per year, and has been responsible for all utilities and maintenance/operational expenses. OSW, Inc. retains any and all revenue generated•from the rental and use of the Gish House to help offset its expenses. The original lease expired in 1994, and was extended for a five year term. In 1999, the lease was extended a second time for a five year term. In 2005, the lease was extended a third time for a five year term, with a second five year term permitted by mutual consent of the parties. This third lease extension expired on December 31 , 2014. Considerations: A proposed Lease Agreement has been developed which will continue this arrangement between the City and OSW, Inc., for the use of the Gish House which has been in place for approximately twenty-five years. The proposed lease term is for five years, terminating on December 31 , 2019. The lease contains a provision for two additional five year terms, under the same terms and conditions, upon mutual consent of the parties and approval of City Council. OSW, Inc., will pay $1 .00 per year in rent for the use and occupancy of the premises. The premises as defined in the lease by Exhibit A includes the Gish House and the non-exclusive use of the parking lot area, grounds and related structures immediately surrounding the Gish House. The lease contains a provision that the premises be made available to the general public as much as possible subject to reasonable charges and rules established by OSW, Inc. During the term of the lease and any extensions, OSW, Inc., will be responsible for all aspects of maintenance and upkeep of the leased premises, including the payment of all utilities. Any improvements made to the leased premises at any time under the terms of the lease shall be made subject to the written approval of the City Manager, and shall become the property of the City of Roanoke upon expiration of the lease and any extensions. City Council must hold a public hearing on the proposed lease prior to authorizing its execution by the City Manager. The public hearing has been set for 2:00 p.m. on January 5, 201 5. A copy of the proposed Lease Agreement is attached to this report. Recommended Action: Absent comments at the public hearing to the contrary, authorize the City Manager to execute a Lease Agreement with OSW, Inc. for the premises known as the Alexander-Gish House, located at 641 Walnut Avenue, S.W., and the area around such structure as described in the Lease Agreement, such Lease Agreement to be substantially similar in form to that which is attached to this report. Such Lease Agreement shall be approved as to form by the City Attorney. I - stopher P. Morrill City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Steve Buschor, Director, Parks and Recreation 2 LEASE AGREEMENT THIS LEASE AGREEMENT("Lease Agreement")dated on this 6th day of January,2015,is entered into between Old Southwest, Inc., a non-profit organization organized and existing under the laws of the Commonwealth of Virginia("Lessee"), and the City of Roanoke, Virginia, a municipal corporation organized under the laws of the Commonwealth of Virginia, hereinafter referred to as ("City"). WHEREAS,by Lease and Agreement dated December 22, 1989 (the"Lease"),the City and Lessee agreed to the lease of a certain structure known as the James Alexander House(also known as the Alexander-Gish House), 641 Walnut Avenue, S.W.,located in Highland Park,together with its outbuildings and parking lot area, as well as other terms and provisions; WHEREAS, the Lease expired as of December 31, 1994, and was renewed by an Extension Agreement dated January 19, 1995 ("First Extension Agreement"), for an additional five-year term; WHEREAS, the First Extension Agreement expired as of December 31, 1999, and was renewed by an Extension Agreement dated January 1,2000("Second Extension Agreement"),for an additional five-year term; WHEREAS, the Second Extension Agreement dated January 1, 2000, expired as of December 31, 2004, and was renewed by an Extension Agreement dated January 1, 2005 ("Third Extension Agreement"), for an additional five-year term, with a second five-year additional term permitted with the mutual consent of the parties; and WHEREAS, the Third Extension Agreement expired December 31, 2014; W I T N E S S E T H 1. Leased Premises: That in consideration of the rent provided for herein and the covenants and agreements set forth below, the City does hereby lease to the Lessee that structure known as the James Alexander House, 641 Walnut Avenue, S.W., located in Highland Park, in the City,together with its outbuildings and parking lot area,which leased premises are more particularly shown on a plan marked "Exhibit A" attached hereto and made a part of this Lease Agreement ("Leased Premises"). 2. Term: (a) The term of this Lease Agreement shall be for five(5)years,commencing on January 1, 2015, and terminating on December 31, 2019. (b) This Lease Agreement may be extended on the same terms and conditions for two (2) additional five(5)year terms upon the mutual consent, in writing,of the parties, any such extension being subject to the approval of City Council for the City of Roanoke. Such written consent ("Notice to Renew") shall make specific reference to this Lease Agreement and must be provided at least thirty(30)days before the termination of the five(5)year term in which the Notice to Renew is given but no more than ninety (90) days before the end of the five(5) year term in which the Notice to Renew is given. 3. Rent: Lessee, for and during any term of this Lease Agreement, shall pay rent to City for the use and occupancy of the Leased Premises at an annual lease rate of$1.00 per year,payable in advance to the Office of Billings and Collections, Room 252, 215 Church Avenue, S.W., Roanoke Virginia 24011-1529. 4. Termination: Either party hereto may terminate this Lease Agreement by giving written notice to the other party sixty(60) days in advance. 5. Uses of Premises: Lessee may use the Leased Premises for only the purposes of conducting public meetings,operating offices for Lessee or associated groups,operating a museum or exhibit area, conducting classes and workshops, providing quarters for a tenant, and matters 2 Agreement-Gish House-Final Lease.doc ancillary thereto. Lessee's right to use the parking lot area and grounds immediately adjacent to the structures shown in Exhibit A shall be non-exclusive. The Leased Premises shall be made available for use by the general public as much as possible, subject to reasonable charges, limitations, rules and regulations that may be established by Lessee. 6. Improvements to Become Property of the City: Any and all improvements made to the Leased Premises by the Lessee shall become the property of the City upon the expiration of this Lease Agreement, or any subsequent extension thereof. However, no such improvements shall be made, including those to the parking area and grounds, without the express written approval of the City Manager, such approval to make specific reference to this Lease Agreement. 7. Maintenance: (a) The Leased Premises shall be kept neat, clean, orderly, and sanitary at all times. (b) During any term of this Lease Agreement, or any subsequent extension thereof, Lessee shall be solely responsible for all maintenance and upkeep of the Leased Premises, including, but not limited to, interior and exterior cleaning; snow removal; exterior and interior painting and repairs;trimming, clearing and removal of trees,brush and shrubs; weeding,mowing,trimming and watering of the lawn and vegetation on the Leased Premises; repair of appliances and heating,ventilation, air conditioning systems,plumbing, and electrical systems; and maintenance or repair of the parking lot or any structures on the Leased Premises. (c) Lessee shall be responsible for paying all utilities and charges on the Leased Premises,including,but not limited to, charges for electricity,water,sewage, 3 Agreement-Gish House-Final Lease.doc storm water, gas, cable, interne, and household and leasehold taxes. 8. Damage to Leased Premises: In the event the Leased Premises, or any part of them, are completely destroyed or are so badly damaged so as to practically amount to total destruction,or if the City, regardless of the extent of the damage, and regardless of the cause, including, but not limited to, fire, vandalism, robbery, theft, or any other casualty, or from wind, water, storm, rain or snow or any other cause whatsoever,decides not to rebuild or repair the Leased Premises,or any part of them,the City may terminate this Lease Agreement,or exclude from the provisions of this Lease Agreement,any one of the structures in the Leased Premises upon written notice to Lessee,invitees, guests, or any other person. In such an event,the City shall not be liable to Lessee,invitees, guests, or any other person or entity for any damages whatsoever for any damage, compensation or claim arising from the loss of use of the Leased Premises. The City shall not be liable for any goods, property or personal effects stored or placed in or around the Leased Premises,and the City shall not in any way be held responsible therefor or liable for damage or injury thereto, even if the City's conduct, or the conduct of one of its own employees, volunteers, or contractors is a contributing cause for the damage. 9. Environmental Laws: The Lessee shall maintain and operate the Leased Premises strictly in accordance with all applicable federal, state and local environmental protection laws, regulations,rules and orders,including but not limited to those laws relating to the storage,disposal and presence of Hazardous Substances (the term"Hazardous Substances"used herein has the same meaning as given that term and to the term "hazardous wastes" in 42 U.C.C. §9601), disposal of solid waste, release or emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other waters, and erosion and sedimentation control (collectively, "Environmental Law"). The Lessee covenants that it has either acquired heretofore or shall acquire,prior to or at the 4 Agreement-Gish House-Final Lease.doc time required by applicable law, all environmental permits and licenses required by any Environmental Law in connection with the maintenance and operation of the Lessee's business upon the Leased Premises. 10. Environmental Indemnification: The Lessee shall indemnify, defend and hold the City, its successors,assigns,directors,officers, employees,volunteers,agents and lenders harmless from all response costs, damages, expenses, claims, fines and penalties incurred by the City, its successors,assigns,directors,officers,employees,volunteers,agents and lenders as the result of any violation by the Lessee of any Environmental Law, or as the result of any necessary repair, cleanup, closure or detoxification of the Leased Premises or upon land in the vicinity of the Leased Premises if due to conditions existing upon the Leased Premises or as a result of a misrepresentation made by the City based upon information supplied by the Lessee to the City. The provisions in this section shall survive the termination of this Lease Agreement. 11. Environmental Right-of-Entry: The Lessee shall grant and give to the City,its agents and employees the right and license to enter the Leased Premises,without notice, at any reasonable time to inspect the Leased Premises or to conduct a reasonable environmental investigation, including but not limited to an environmental assessment or audit of the Leased Premises to satisfy the City that the Leased Premises are free from environmental contaminations and hazard. The City may employ engineers to conduct such investigations on the City's behalf, and the Lessee shall give to such engineers the same rights and licenses as the City may have pursuant to this section. The Lessee shall from time to time and upon the request of the City, give to the City or to whomever the City may designate such assurances as may be necessary to show that the Lessee is in compliance with any and all Environmental Laws. The City shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the City's 5 Agreement-Gish House-Final Lease.doc exercise of its rights under this section. If any environmental contamination be found, after conduction any such environmental investigation as required herein, the cost of such investigation and audit, in addition to all costs required to comply with any Environmental Law and to conduct necessary cleanup, shall by borne by the Lessee,bear interest at the annual rate of eighteen percent (18%) and be payable as additional rent immediately upon written demand thereof. 12. Environmental Disclosures: The Lessee shall disclose to the City at the Commencement Date of this Lease Agreement,and on January 1 of each calendar year thereafter(all such dates being hereinafter called "Disclosure Dates"), including January 1 of the year after the termination of this Lease Agreement, the names and amounts of all Hazardous Substances, which were stored,used or disposed of at the Leased Premises,or which the Lessee intends to store,use or dispose of at the Leased Premises, for the year prior to and after each Disclosure Date. The City,in its sole and absolute discretion, may consent or decline to consent to the Lessee's storage or use, or both, of any Hazardous Substance, provided that (i) the Lessee shall store such matter in leakproof containers, (ii) such storage and use does not constitute a violation of any Environmental Law, and (iii) the Lessee shall use such matter in accordance with all Environmental Laws. 13. Indemnification: Lessee agrees and binds itself and its successors and assigns to indemnify,keep and hold the City and its officers,employees,agents,volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Lessee, including: (a)the exercise of any right or privilege granted by or under this Lease Agreement or(b) the failure, refusal or neglect of Lessee to perform any duty imposed upon or assumed by Lessee by or under this Lease Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers,employees,agents,volunteers or representatives at law or in equity,either 6 Agreement-Gish House-Final Lease.doc independently or jointly with Lessee on account thereof, Lessee,upon notice given to it by the City or any of its officers, employees, agents, volunteers and representatives, will pay all costs of defending the City or any of its officers, employees, agents, volunteers and representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the City or any of its officers, employees, agents, volunteers and representatives, either independently or jointly with Lessee,then Lessee will pay such settlement or judgment in full or will comply with such decree,pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents,volunteers and representatives harmless therefrom. For purposes of this Paragraph,the costs of defending the City, or any of its officers, employees, agents, volunteers and representatives may include the hourly salary rate of any employee of the City charged with the duty to defend the interests of the City or any of its officers, employees, agents, volunteers and representatives. 14. Insurance: a. Requirement of insurance. Lessee shall, at its sole expense, obtain and maintain during the life of this Lease Agreement the insurance policies required by this section. Any required insurance policies shall be effective prior to the beginning of any term in which this Lease Agreement is in effect. In all situations, the Lessee's coverage is primary and non-contributory with any insurance or self-insurance carried by the City, its agents, employees or assigns. (1) Commercial General Liability. Commercial general liability insurance shall insure against all claims,loss,cost,damage,expense or liability from loss of life or damage or injury to persons or property arising out 7 Agreement-Gish House-Final Lease.doc of the Lessee's performance under this Lease Agreement. The minimum limits of liability for this coverage shall be $1,000,000.00 combined single limit for any one occurrence. (2) Contractual Liability. Broad form contractual liability insurance shall include the indemnification obligation set forth in section 13 of this Lease Agreement. (3) Tenant's insurance. Lessee shall, at its sole cost and expense,obtain and maintain during the life of this Lease Agreement a property insurance policy written on an"all risk"basis insuring all of Lessee's personal property,including,but not limited to, equipment,furniture, fixtures,furnishings,and leasehold improvements which are Lessee's responsibility, for not less than full replacement cost of such property. All proceeds of such insurance shall be used to repair or replace Lessee's property. b. Umbrella Coverage. The insurance coverages and amounts set forth in subsections (1) and (2) of this section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of$1,000,000.00. 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(1)and(2), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to this City. 8 Ageement-Gish House-Final Lease.doc c. Evidence of Insurance. All insurance shall meet the following requirements: (1) Prior to execution of this Lease Agreement, Lessee 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. Such certificates shall be attached to this Lease Agreement at the time of execution of this Lease Agreement and shall be furnished in a timely fashion to demonstrate continuous and uninterrupted coverage of all of the required forms of insurance for the entire term of this Lease Agreement. (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 received by the Risk Management Officer for the City of Roanoke." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds. (4) 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. (5) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably 9 Agreement-Gish House-Final Lease.doc withheld. Any insurance company providing coverage under this Lease Agreement shall be authorized to do business in the Commonwealth of Virginia. d. Ranges and Limits. At the end of five(5)years,the City shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is no longer being issued. 15. Nonassignability of Lease: Lessee agrees not to assign this Lease, or subject the Leased Premises, or any portion thereof, or transfer possession or occupancy thereof,to any person or entity without the prior written consent of the City Manager for the City. This paragraph shall not preclude Lessee from renting the Leased Premises pursuant to Paragraph No. 5 of this Lease Agreement. 16. Notice: Any notice,request,or demand given or required to be given under this Lease Agreement shall, except as otherwise expressly provided herein,be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To Lessor: City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 10 Agreement-Gish House-Final Lease.doc To Lessee: President Old Southwest, Inc. 641 Walnut Avenue, SW Roanoke, Virginia 24016 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. IN WITNESS WHEREOF,the parties hereto have executed this Lease Agreement as of the day and year first hereinabove written. ATTEST: CITY OF ROANOKE By City Manager Stephanie M. Moon Reynolds, City Clerk ATTEST: OLD SOUTHWEST, INC. By Secretary President Printed Name Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney 11 Ageement-Gish House-Final Lease.doc NOTES: 1. THIS PLAT IS COMPILED FROM A COMBINATION OF EXISTING RECORDS AND A FIELD SURVEY. 2. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THERE MAY EXIST ENCUMBRANCES NOT SHOWN WHICH AFFECT THE SUBJECT PROPERTY. 3. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS DESIGNATED BY FEMA MAP PANEL NO. 51161C0164G REVISED SEPTEMBER 28, 2007. 4. REFERENCE CITY OF ROANOKE PLAN NO. 5798. O' IF— w S87 52' 25"E 124.05' M CITY OF ROANOKE HIGHLAND PARK O o a. 641 WALNUT AVENUE, S.W. a D.B. 133 PG. 98 0 S y I \TAX NO. 1131001 w o m I M I LEASE AREA TWO STORY 50,294 SF tili FRAME 1.1546 ACRES I' lb RESIDENCE ��r ib n Tlo % •�0�. f a GAZEBO d �\ DCVOs olio cc i o� 0 \ _ w g o\ 41 D \ 9P $16--39 . N IA 4 v 20 IPS Y t'�:• vp "CITY OF '. I Off\ 4 / ROANOKE" CAP cc o I CITY OF ROANOKE PARCEL \ 44 TAX NO. 1131001 0 h OC) ,.4i ,�/ IPF EXST CHAIN LINK FENCE--J. \o yt4 IS 1 LOT 4 IPF, �• / BLOCK E.B.&1.: EXCHANGE BUILDING AND i j LOT 3 E.B.&I. INVESTMENT CO. PLATBOOK 1 PAGE 19 ,tom 9 BBD&K 1 6(/) J P .s<a\). OF ' 11 11 .::— t cif' /NEW LOT 1-A 50' 0' 50' �P��yo P ,' I �� cy L ' SCALE 1" = 50' / / I ' 10' ALL"' PLAT SHOWING LEASE AREA OF A PORTION OF HIGHLAND PARK SITUATE ON WALNUT AVENUE, S.W. OFFICE OF THE CITY ENGINEER CITY OF ROANOKE, VIRGINIA 215 CHURCH AVENUE,S.W. ROOM 350 SCALE: 1"=50' APPROVED: PHONE:(540)853-2731 FAX.(540)B53.1369 DATE: NOV. 4, 2014,_ WWW.ROANOKEVA.COV GG.IV• ll/1/A404- PLAN NO. 5798-A CITY NGINEER DATE The Roanoke Times Account Number Roanoke,Virginia 6026055 Affidavit of Publication Date OLD SOUTHWEST INC December 29,2014 Attn TREASURER 4TH FLOOR,NOEL C.TAYLOR MUNICIPAL BUILDING 215 CHURCH AVENUE,S.W.,ROOM 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 01/04/2015 Municipal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propose 1 x 58 L 324.48 Publisher of the NOTICE OF PUBLIC HEARING Roanoke Times The City of Roanoke proposes to lease a certain City-owned structure known as the Alexander-Gish House. I,(the undersigned)an authorized representative of the 691 Walnut Avenue. S.W., Roanoke, Virginia, located in Highland Park. Roanoke Times,a daily newspaper published in Roanoke, in the together with an outbuilding, gazebo and or parking od lot, Old Southwest, land State of Virginia,do certify that the annexed notice NOTICE OF renewable for two (2) additional five (5 ) year terms upon mutual consent of PUBLIC HEARING was published in said newspapers on the the parties, and such extensions are subject to the approval of City Council following dates: of the City of Roanoke.and other terms and conditions.uto the requirements of S��t t STq 4/i�yi section 15.2-1800(B) and 1813, code of \\\ \ Virginia (1950). as amended. notice is P ,. y�/ � hereby given that the Cif Council of NWEq'J the City of Roanoke will hold a public 12/29/2014 Q' �` y.• hearing on the above matter at its :O regular meeting to be held on Monday. 'O .Rp/IOFIN January 5. 2015, commencing at 2:00 = r REG15 3 L p.m.. in the Council Chamber of the 11:1 104982 5, Noel C. Taylor Municipal Building. MM EXPIRE located at 215 church Avenue. SW., MY I, I Roanoke.Virginia 24011. A copy of the proposed Lease will wP: be available at the city clerk's Office. The First insertion being given ... 12/29/2014 F vinc_l`' �-p Room 456, Noel C. Taylor Municipal d .... Building. 215 church Avenue. S.W_. j%/. NQ A)`a ��: Monday. Virginia. 2014.a after ( TARV )AAp further information on the matter, you Newspaper reference: 0000115243 may contact the Office of the City Clerk at(590)853-2541. All parties and interested entities may appear on the above date and time to be heard on the above matter. If you are a person with a disability Sworn to and subscribed before me this Monday,December 29,2014 who needs accommodations for this hearing,please contact the City Clerk's Office at (540) 853-2541. before 12:00 noon on Tuesday,December 30,2014. Given under my hand this 22nd day of December,2014. Stephanie M.Moon Reynolds. City Clerk (115243) 1� IMM 6lMiV— .I If t/lam/ , otary Publ c Bi t Is Re W. .tive State of Virginia City/County of Roanoke �II�n My Commission expires it THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU \r1 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease a certain City-owned structure known as the Alexander-Gish House, 641 Walnut Avenue, S.W., Roanoke, Virginia, located in Highland Park, together with an outbuilding,gazebo and parking lot,to Old Southwest,Inc., for a period of five(5) years and renewable for two(2)additional five(5)year terms upon mutual consent of the parties,and such extensions are subject to the approval of City Council of the City of Roanoke, and other terms and conditions. Pursuant to the requirements of Section 15.2-1800(B)and 1813,Code of Virginia(1950),as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, January 5, 2015, commencing at 2:00 p.m., in the Council Chamber of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. A copy of the proposed Lease will be available at the City Clerk's Office,Room 456,Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Monday, December 29, 2014. For further information on the matter,you may contact the Office of the City Clerk at(540) 853-2541. All parties and interested entities may appear on the above date and time to be heard on the above matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at(540)853-2541,before 12:00 noon on Tuesday,December 30, 2014. Given under my hand this22nd day of December, 2014. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, December 29, 2014. Please send bill to: Please send affidavit of publication to: Jason Cromer, President, Old Southwest, Inc. Stephanie M. Moon Reynolds, City Clerk 641 Walnut Avenue, S.W. 4`h Floor, Noel C. Taylor Municipal Building Roanoke, Virginia, 24016 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 K CASSANDRA BARI ON TALEVI PARKS 4ND RUC GISH HOUSE NOPH-LEASE-GISH HOUSE DOC IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40143-010515. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with Phase II of the Roanoke River "Bridge the Gap" Greenway Project; authorizing City staff to acquire such property rights by negotiation; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City wants and needs certain real property rights for Phase II of the Roanoke River "Bridge the Gap" Greenway Project, located in the general vicinity along the 1.8 mile area of the Roanoke River between Aerial Way Drive and Bridge Street, such rights to include permanent easements of variable length and width, and such other real property interests as needed, as set forth in the City Council Agenda Report to this Council dated January 5, 2015. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The proper City officials and City staff are hereby authorized to acquire by negotiation 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 Project for such consideration as the City Manager may deem appropriate. All requisite documents shall be approved as to form by the City Attorney. 2, The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcels for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including 0-authorize acquis of prop rights-Badge the Gap.Phase 2.— 1-5-15 costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project 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 interests 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: City Clerk. I 0-authorize acquis of prop rights-Bridge the Gap.Phase 2.—1-5-15 'art CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 5, 2015 Subject: Roanoke River Greenway "Bridge the Gap" Additional Property Rights Acquisition Background: The Roanoke River "Bridge the Gap" Greenway from Bridge Street to Salem project was divided into two construction segments. The first segment of the project begins at the Roanoke/Salem City limit and continues eastward along the southern bank of the Roanoke River approximately 1 mile. Council authorized property acquisition on this first segment February 3, 2014, with the adoption of Ordinance No. 39858-020314. The Construction contract of this first segment was awarded and will be complete by spring. The second segment begins with a connection to the first segment near Aerial Way Drive and continues approximately 1 .8 miles eastward to the existing greenway terminus just east of Bridge Street. This segment is currently under design to be bid in the fall. Council action is necessary to complete property acquisition for the remainder of this trail in order to construct, operate, and maintain the proposed improvements. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the remaining 1 .8 mile segment of the Roanoke River Greenway "Bridge the Gap" 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 08-620-9201 , Roanoke River Greenway - Bridge the Gap. Permanent easements of variable length and width, and fee simple acquisitions are required to accommodate construction activities and will affect eleven (1 1 ) properties in the general vicinity identified above. The City will also require temporary construction easements with respect to each of the eleven (1 1 ) properties identified in the following chart. 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 thus far are as follows: Tax Map Address Owner Required Property Parcel Rights Number 9999999 Off of Material Norfolk Southern Corporation Permanent Easement A portion of Yard Road (private or fee the property of road) Norfolk Southern Corporation included in Deed Book 90, Page 254 1510301 0 Roanoke Ave Walker Machine and Foundry Permanent Easement Co. 1510102 0 Roanoke Ave OmniSource Southwest LLC Permanent Easement 1510101 0 Railroad Ave OmniSource Southwest LLC Permanent Easement 1 51 01 05 2833 Railroad Ave OmniSource Southwest LLC Permanent Easement 1410201 0 Duval St OmniSource Southwest LLC Permanent Easement 1410202 0 Duval St OmniSource Southwest LLC Permanent Easement 1410226 0 Railroad Ave Third Capital Inc Permanent Easement 1410203 2620 Railroad Ave AA Properties-Roanoke LLC Permanent Easement 1410204 0 Railroad Ave Walker Machine and Foundry Permanent Easement Co. 1410205 0 Railroad Ave Walker Machine and Foundry Permanent Easement Co. Recommended Action: Authorize the acquisition of any real property rights needed to construct the final segment for the Roanoke River Greenway "Bridge the Gap" Project, including but not limited to the specific property rights identified in this 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., L.S., City Engineer Cassandra L. Turner, Economic Development Specialist 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40144-010515. A RESOLUTION adopting revisions to The Council of the City of Roanoke,Virginia,Policy on United States Department of Housing and Urban Development Funds, and authorizing the City Manager to execute documents approved as to form by the City Attorney necessary to effect the intent of this Resolution. WHEREAS,the City of Roanoke is an entitlement community under the Community Block Grant ("CDBG"), HOME Investment Partnerships ("HOME") and Emergency Shelter Grant ("ESG")programs of the United States Department of Housing and Urban Development("HUD"); WHEREAS,each year,approximately$2.5 million in new entitlement grants are available to the City from HUD through such programs; WHEREAS, on September 17, 2001, by adopting Resolution No. 35570-091701, City Council adopted The Council of the City of Roanoke,Virginia,Policy on United States Department of Housing and Urban Development Funds("HUD Funds Policy"),which established guidelines for budgeting and distributing such funds, and authorized the City Manager to implement the HUD Funds Policy; WHEREAS, the HUD Funds Policy has been amended and updated periodically since September 17, 2001; and WHEREAS, additional revisions by City Council to the HUD Funds Policy are needed so that the budgeting and distribution of HUD Funds will better address the needs of the citizens of the City of Roanoke in the areas of housing,economic development,neighborhood development,human R-HUD Funds Policy 20l5.doc development, and homeless services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the HUD Funds Policy, including the revised map of the proposed new target areas, is hereby amended, as more particularly set forth in the City Council Agenda Report dated January 5, 2015. BE IT FURTHER RESOLVED that the HUD Funds Policy, as revised in the manner set forth in the City Council Agenda Report dated January 5, 2015, supercedes the HUD Funds Policy and all policies adopted by City Council or otherwise implemented by the City Administration in effect prior to January 5,2015,with respect to the budgeting and distribution of HUD funds prior to January 5, 2015. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute such documents, approved as to form by the City Attorney, as are necessary to effect the intent of this Resolution. ATTTEEST: ' ii\rte City Clerk. R-HUD Funds Policy 2015.doc aY a ,� CITY COUNCIL AGENDA REPORT l To: Honorable Mayor and Members of City Council Meeting: January 5, 2015 Subject: Proposed Revisions to The Council of the City of Roanoke, Virginia, Policy on HUD Funds Background: Since 2001 , the City of Roanoke (City) has had a policy setting forth guidelines for the budgeting and distribution of Department of Housing and Urban Development (HUD) funds, including the Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Solutions Grant (ESG) programs. This policy has enabled the City to target funds to specific low-moderate income neighborhoods over the past decade in such areas as the Bullitt-Jamison corridor in Southeast (Southeast by Design), Gainsboro, Hurt Park, and most recently, the West End neighborhood. The policy also provides guidance concerning the general focus of community revitalization and the percentages of HUD funds that will be allocated to housing development, economic development, neighborhood development (infrastructure), human development, and homeless services. The City Council has approved several revisions to the original policy which was adopted on September 17, 2001 . Such revisions have taken place to modify the percentages of HUD funds directed to various community development initiatives, identification of neighborhood target areas, and other related program guidelines. The policy was revised in 2004, and again in 2010. Considerations: The proposed revisions primarily focus on three areas of the existing policy: 1 . Neighborhood Target Area: Since 201 1 , the target area for HUD funds has been the West End neighborhood, and it is proposed that it remain the target area for funding through the 2015-16 HUD program year. Such a designation requires that no less than 51% of the combined CDBG and HOME program funds be designated for eligible community development activities in the target neighborhood. The proposed policy identifies the next target area to be along the Orange-Melrose Avenue corridors including portions of the Melrose-Rugby and Loudon-Melrose neighborhoods. See the map attached to the proposed revised policy. The Melrose- Rugby/Loudon Melrose area was identified as a candidate target neighborhood when the policy was revised in 2010. This new target area will provide for close coordination with, and leveraging of, significant community development activities proposed by the Roanoke Redevelopment and Housing Authority in the Lansdowne area in conjunction with Federal Department of Housing and Urban Development Choice Neighborhoods and Promise Neighborhoods programs. 2. The second area of modification pertains to the adjustment of the percentage allocation of use of HUD funds by specific community development activity. The proposed adjustments result in modest reductions in the percentage of CDBG funds that would be used in housing and economic development activities, and increasing the amounts to be available for neighborhood infrastructure development. This shift reflects the recent program experience in the availability and use/drawn down of funds for housing and economic development projects which have slowed, and the increase in potential candidate projects for neighborhood infrastructure improvements including curb, gutter, sidewalk, and related drainage and stormwater management projects. The adjustments as reflected in the revised policy are: • Housing, from 50% to 40% • Economic Development, from 25% to 20% • Human Development, from 13% to 14% • Neighborhood Development, from 11 .5% to 25% • Homeless Services, from 0.5% to 1% 3. The third area of modification is the deletion of language related to how multi-year requests for funding are considered. The current policy language limits annual budget flexibility as it pertains to projects proposed to span multiple program years, and has not proven to be advantageous to the annual program evaluation, prioritization and budgeting process. As annual entitlement allocations from the CDBG program have tended to decline, and as annual program income is anticipated to diminish, more flexibility is needed. Copies of the proposed changes to the HUD Funds Policy were transmitted to City Council on December 15, 2014 for initial review and consideration. 2 Recommended Action: Adopt the revised proposed The Council of the City of Roanoke, Virginia, Policy on HUD Funds described in this report, and as reflected in the attached policy, including the map of the new neighborhood target area. / ristopher P. Morrill City Manager Attachments Distribution: Council Appointed Officers Chris Chittum, Director, Planning Building and Development Keith Holland, Community Resources Program Administrator 3 The Council of the City of Roanoke, Virginia Policy on HUD Funds (Adopted September 17, 2001) (Revised August 18,2004. October 7,2010 and January 5,2015) Preamble: Each year,the City of Roanoke receives approximately$2.0 to$2.2 million in new entitlement grants under the Community Development Block Grant(CDBG),HOME Investment Partnerships(HOME) and Emergency Solutions Grant (ESG) programs of the U.S. Department of Housing and Urban Development(HUD). Including income earned through the operation of these programs and unexpended prior-year entitlement funds, a total of approximately$2.8 million in HUD funds may be available to the City for a given fiscal year.This policy sets forth guidelines for the budgeting and distribution of these HUD funds. Mission: In recognition of the many needs of the City and its limited resources,the primary mission of the City's HUD funds shall be to act as a catalyst for change by providing seed funding for eligible projects and programs and to attract other resources, especially those of the private sector. In carrying out this mission, the HUD budgeting process shall identify capable organizations to carry out targeted efforts,rather than to support on-going activities. It shall be the policy of the Council of the City of Roanoke,Virginia,that: 1. All CDBG, HOME and ESG funds available to the City shall be used only for programs and projects which support the aims and intent of City Council's "Vision" statement. Further, these funds will be used to promote strategies in the City's Comprehensive Plan, 5-Year Consolidated Plan and HUD's national goals. 2. With respect to allocating the City's CDBG, HOME and ESG funds: a. With respect to the CDBG funds available for any fiscal year: (1) The City's priorities for the use of its CDBG funds are: (a) Economic Development, involving the actual creation or retention of jobs that primarily benefit persons of low or moderate income. (b) Homeless Services, involving the prevention,reduction or elimination of homelessness. (c) Housing Development,involving, in general,the rehabilitation of housing to benefit low-or moderate-income homebuyers, owners or tenants. (d) Human Development, involving activities which, in general, enhance the development of persons of low or moderate income. (e) Neighborhood Development,involving activities(other than those included under the other priorities)that, in general,enhance the development of the City's predominantly low-and moderate-income neighborhoods.This priority includes public infrastructure that benefits a low-moderate census tract. 1 Planning and administration activities are functions that support any or all of the above priorities and are, therefore, not considered priority categories in themselves. (2) Primary emphasis for the use of the City's CDBG funds is placed on the development and improvement of the community's housing stock, with a secondary emphasis on economic development. After subtracting funds designated for Planning and Administration activities,the allocation goals by priority area are: Housing Development 40.0% Economic Development 20.0% Human Development 14.0% Neighborhood Development 25.0% Homeless Services 1.0% 100.0% The target allocations include the City's obligations and planned commitments for the fiscal year associated with each priority category. (3) In order to manage the risk of disallowed expenditures, funds allocated to "Human Development"(HUD"Public Services")and"Planning and Administration"activities shall,in general,not exceed 95%of the maximums allowed under the HUD regulations,except that the City shall have the discretion to increase funds allocated to such activities to an amount not exceeding 100% of the maximums when necessary for the operational feasibility of such activities. (Note: Depending on the nature of the activity,the use of CDBG funds for Homeless Services may be classified as and count toward the limits of funds that may be used for Human Development.) (4) Subject to the risk management limitations described in 2.a.(3), for any fiscal year budgeting process, funds in any priority category in excess of the amount required for selected activities may be apportioned to other categories. In addition,the City may adjust the allocation percents in 2.a.(2) as required to better reflect changing conditions in the community, including adjustments required to reflect the specific needs of any neighborhood(s) selected for targeted revitalization efforts or to reflect specific community revitalization or improvement projects selected by the City. To the degree such apportioning or adjustments create substantial changes to the City's Consolidated Plan, the City will amend this Plan in accordance with its Citizen Participation Plan. b. In accordance with law,all HOME funds available for a given fiscal year shall be used for activities to provide affordable housing. c. In accordance with law,all ESG funds available for a given fiscal year shall be used for activities to address homelessness. 3. Of the amounts available for any given fiscal year,after subtracting funds designated for Planning and Administration activities,not less than 51% of the combined CDBG funds and HOME funds shall be designated for targeted neighborhoods(or portions thereof) or other defined areas of the City. 4. In 2010,a HUD Policy Task Force studied three(3)potential target areas for future consideration. The area known as West End was selected and has served as the focus of HUD funds since 2011 and will 2 continue through 2015-16. As the City has had success in stimulating affordable housing development and public infrastructure that has encouraged private investment, the remaining study areas from the 2010 task force were considered in 2014. Planning,Building and Development Department staff,along with members of the Roanoke Neighborhood Revitalization Partnership met in November 2014 to look at the prior work from 2010. The group took into consideration the rankings of the Task Force and selected the next highest ranked area from the 2010 study as follows An area roughly coinciding with the Orange and Melrose Avenue,NW,corridor from 10`h Street to 24th Streets,NW,bordered also by Hanover Ave.NW and Loudon Ave.NW,which includes areas of the Loudon-Melrose and Melrose-Rugby neighborhoods. As soon as may be practicable, the City's Department of Planning. Building and Development, in consultation with other City departments and community organizations and stakeholders, and providing for appropriate review and comment by the general public,shall undertake further study to identify and evaluate projects in the Melrose-Orange study area beginning in FY 2015. HUD funding application guidelines and selection criteria shall maintain a substantial preference for targeted,concentrated uses of available CDBG and HOME funds. 5. In order to promote high-quality, best-practice programs and projects and increase opportunities for making measurable improvements in community conditions, the City anticipates making fewer, but larger, awards. The City's application guidelines will encourage organizations to submit realistic funding requests commensurate with the extent of the needs to be addressed,the scope of activities to be conducted and the magnitude of the results to be achieved. The guidelines will limit programs and projects which will be considered to those requesting a minimum of$25,000 in CDBG and/or HOME funds. (This provision shall not apply to ESG funds,due to the small amount received by the City.) To maximize the impact of its limited HUD funds,the City will place greater emphasis upon the selection of programs and projects which substantially leverage other financial resources, as well as those which incorporate meaningful collaborations with other community organizations and stakeholders.There will be increasing emphasis upon quantifiable outcome performance (e.g. increases in employment; reductions in teen pregnancy rates) and decreasing reliance on process indicators (e.g. number of enrollees; number of loan applications taken). 6. The budgeting of HUD funds shall avoid duplication of services and maximize the areas benefitting from the City's limited HUD resources. To this end,when two or more projects propose to provide the same or similar forms of assistance within the same or substantially overlapping areas, the City shall provide HUD funds only to the most meritorious of the applicants,cost and other appropriate,objective selection criteria being considered. Further, the City shall not provide HUD funds to programs or projects to be newly established in areas served by other existing and similar programs and projects, except in instances where it can be documented to the City's satisfaction that the needs to be addressed are acute, substantially exceed the capacity of existing providers, and that such existing providers are unable or unwilling to expand their capacities and support establishing additional providers within the area. 7. In addition to the study associated with section 3 above of this policy,as soon as may be practicable,the City's Department of Planning,Building and Development,in consultation with other City departments and community organizations and individuals,as appropriate,and providing for appropriate review and comment by the general public, shall explore and identify indicators, consistent with City Council's Vision and strategic priorities, for better measuring the individual and collective success of CDBG, 3 HOME and ESG programs and projects. City Council shall be apprised and offer guidance regarding candidate indicators. Upon final establishment of the success indicators,the Department shall determine and implement the use of such indicators for individual programs and projects,and for broader,periodic evaluations of the success of the City's targeted and overall CDBG, HOME and ESG efforts. 8. This policy shall supersede all previous City Council Policies on HUD Funds. 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AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and Radford University, to provide an embedded criminologist to the Roanoke City Police Department,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. The City Manager is authorized to execute on behalf of the City of Roanoke, in a form approved by the City Attorney, an Agreement with Radford University, whereby Radford University's employee, Isaac T. Van Patten, Ph.D., will be embedded as a criminologist with the Roanoke City Police Department for a period of one(1)year,such Agreement to be upon such terms and conditions, and as are more particularly described in the City Council Agenda Report dated January 5, 2015. 2. Pursuant to Section 12,Roanoke City Charter,the second reading of this Ordinance by title is hereby dispensed with. ATTEST: bl • rtftertil air City Clerk. 0-Authorize Agreement between City and Radford University for criminologist for police dept.t.5-15 f `G' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 5, 2015 Subject: Authorization to Enter into an Agreement Between the City of Roanoke and Radford University to Provide an Embedded Criminologist to the City of Roanoke Police Department Background: The Roanoke Police Department has partnered with the Department of Criminal Justice at Radford University and Isaac T. Van Patten, Ph.D. for the past several years for the purpose of having an independent non-governmental academic entity conduct studies of various community policing concerns and law enforcement issues in the City of Roanoke. Considerations: The Roanoke Police Department, as part of its Geo-Temporal Policing initiative, proposes the City enter into an agreement with Radford University to embed Isaac T. Van Patten, Ph.D., a criminologist, into its (STAR Center. The City will benefit tremendously from the extensive experience and analytical ability of Dr. Van Patten. The addition of his expertise in a variety of criminal justice fields should assist the Roanoke Police Department in reaching its goals of crime reduction and crime management. The amount of compensation paid by the City to the embedded criminologist is approximately $38,000 annually, reimbursed to Radford University by the City. This amount will be paid during the calendar year of 201 5 in installments over the fiscal years of 201 5 and 2016. The temporary wages will be paid from account 01 - 640-31 13-1004. Recommended Action: Authorize the City Manager, or his designee, to enter into the proposed agreement, substantially similar in form to the agreement attached to this letter, and any renewals of such agreement, with Radford University. Such agreement, and any amendments or other documents, shall be approved as to form by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Christopher Perkins, Chief of Police AN AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE UNIVERSITY OF RADFORD TO PROVIDE AN EMBEDDED CRIMINOLOGIST TO THE CITY OF ROANOKE POLICE DEPARTMENT THIS AGREEMENT, made and entered into this First day of January 2015, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City" or "RPD," and Radford University with its principal offices at East Main Street, Radford, Virginia 24142 hereinafter referred to as "Radford." WITNESSETH WHEREAS, it is the intent of the City and Radford to enter into an Agreement whereby Radford's employee, Isaac T. Van Patten, Ph.D., will be embedded as a criminologist with the City's Police Department for a period of one year; and WHEREAS, this Agreement between the City and Radford shall govern the relationship between the two parties and the terms and conditions of work to be performed by Isaac T. Van Patten, Ph.D.; and WHEREAS, it is the intent of this Agreement that the City will utilize the services and expertise of Isaac T. Van Patten, Ph.D. as an embedded criminologist to enhance the effectiveness of achieving RPD's goals of crime reduction and crime management not only through his statistical skills, knowledge and abilities but additionally through his ability to unite empirical data with the necessary intelligence analysis to further enhance the value of the embedded criminologist, to empirically evaluate RPD's successes while identifying any failures and to have in place statistically verifiable data, that when applied to daily policing initiatives, serve to sustain RPD's policing model. The embedded criminologist's work will include any assignment directed by the City's Chief of Police. NOW THEREFORE, for and in consideration of the undertakings of the parties to this Agreement, the City and Radford agree as follows: 1. Definitions. As used in this Agreement, the following words and phrases shall have the following meanings ascribed to them in this section: The abbreviation "RPD" shall mean the City of Roanoke Police Department. The word "Radford" shall mean Radford University with its principal offices at East Main Street, Radford, Virginia. The word "embedded criminologist" shall mean an outside scholar with an extensive knowledge base about crime and criminal behavior, as well as substantial experience in the area of scientific research design, data collection and collation, program evaluation, and quantitative and qualitative analysis of data. The embedded criminologist works for and under the direction of RPD from a work station provided by RPD. 1 2. Conditions of Employment. The embedded criminologist will perform his services with care, skill and diligence in accordance with the applicable professional standards currently recognized by his profession and will be responsible for the professional quality, technical accuracy, completeness and coordination of all reports, designs, plans, information, specifications and other items and services furnished under this Agreement. The embedded criminologist will comply with all applicable RPD Operational Directives, Rules and Regulations, all other RPD policies and procedures, federal, state and local laws, ordinances, codes and regulations in performing his services. The embedded criminologist will be considered at all times an Independent Contractor. The embedded criminologist will supervise the performance of his own services and will have control of the manner and means by which his services are performed, subject to compliance with this Agreement and any plans, specifications, schedules or other items approved by RPD. In compliance with vision of Command Staff, the embedded criminologist will maintain operational direction of the ISTAR analysts for the duration of this Agreement. The senior analyst will report to the embedded criminologist who in turn will report to the Uniform Operations Deputy Chief. The embedded criminologist will not subcontract or assign this Agreement, or otherwise dispose of its right, title, or interest therein or any part thereof to any person or other entity, without obtaining the prior written consent of the RPD. No provision of this Agreement shall in any way inure to the benefit of any third person including the public at large so as to constitute any such person a third party beneficiary of the Agreement or work product thereof or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party to this Agreement. The embedded criminologist is and will be acting as an independent contractor in the performance of this work, and he shall be solely responsible where found liable to the extent covered by insurance for payment of any and all claims for loss, personal injury, death, property damage, or otherwise, arising out of any act or omission in connection with the performance of his work. 3. Use of Equipment and Facility. The City and its equipment are available for use by the embedded criminologist. The use of the City's equipment shall follow all relevant policies and procedures of the RPD. 4. Documentation. All plans, specifications, calculations, reports and other documents prepared by embedded criminologist exclusively for this Agreement shall become the property of the RPD. All such documents shall be delivered to the RPD upon completion of the embedded criminologist's services under this Agreement, or upon any termination of this Agreement. 2 The embedded criminologist will treat all documentation and data received from RPD in any format or configuration as proprietary and will maintain it in confidence. The documentation and data shall not be used for any purpose other than the embedded criminologist's services to the City. No documentation and/or data shall be provided to any firm, organization or individual without the prior written consent of the City's Chief of Police. The embedded criminologist will ensure that any other City employee accessing the embedded criminologist's documentation and/or data are advised of the confidentiality of the documentation and/or data so obtained. Only enough copies of any of the documentation or data to complete a project shall be made and distributed without prior written consent of the City. Notwithstanding the preceding, the following shall not apply to any data and/or documentation which is in the public domain at the time it was disclosed by the RPD to the embedded criminologist or at any time thereafter; or which was already known to the embedded criminologist at the time of disclosure to the embedded criminologist by RPD; or which is independently developed by the embedded criminologist; or which becomes known to the embedded criminologist from a source other than the RPD without breach of this Agreement by the embedded criminologist; or pursuant to any order of a court, after five (5) working days' notice to the RPD. 5. Responsibility of the Parties. To the extent permitted by applicable law, each party to this Agreement will be responsible for the actions, inactions or violations of its employees in connection with scope of services described herein, but nothing contained herein shall be construed as a waiver of the sovereign immunity of either party. To that end any complaints made against the embedded criminologist or City employees shall be forwarded, as soon as practical, to the City's Chief of Police. Complaints against the embedded criminologist will be forwarded to Radford. 6. Operational Policies. The embedded criminologist will comply with all RPD policies and procedures. The City holds the embedded criminologist, their own officers, agents and employees responsible and accountable for compliance with operational policies of the RPD. The City and Radford agree to maintain control over its respective personnel. 7. No Effect on Existing Powers. This Agreement shall not supersede, restrict, limit or otherwise impair or affect any agreement already existing pursuant to Code of Virginia, 1950 as amended and other sections of the State Code or any authority or power exiting under the respective charters of the City of Roanoke. For the duration of this Agreement, the embedded criminologist shall maintain under his insurance through the Commonwealth of Virginia Risk Management Plan, Section § 2.2- 1837 of the Code of Virginia insurance coverage for protection from claims under workers compensation, automobile liability, general liability, and professional liability. Upon request, the Consultant shall provide a Certificate of Insurance evidencing said insurance. 3 8. Rights of RPD and Radford Personnel. While acting under or pursuant to this Agreement any officer, agent or employee of the City shall have all the immunities from liabilities and exemptions from laws, ordinances and regulations and shall have all the salary, pension, relief, disability, Workers' Compensation and other benefits enjoyed by him while performing his respective duties of the RPD. While acting under or pursuant to this Agreement the embedded criminologist shall have all the immunities from liabilities and exemptions from laws, ordinances and regulations and shall have all the salary, pension, relief, disability, Workers' Compensation and other benefits enjoyed by him while performing his duties. 9. Immunities. This Agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to the City or any officer, agent or employee of the RPD or to the embedded criminologist. All of the immunities from liability enjoyed by the RPD and the embedded criminologist shall be enjoyed by it. 10. Financial Cost. The City agrees to reimburse Radford an annual payment of $38,000 for the services of the embedded criminologist. Any salaries or other compensation paid to the embedded criminologist will be paid by Radford. 11. Termination. The City may, at any time in its sole discretion, have the right to terminate this Agreement, with or without cause, by giving written notice to Radford by certified mail, return receipt requested. Any termination shall be effective ten (10) days after receipt of notice of termination. In the event of such termination, the embedded criminologist shall be entitled to recover for all services performed prior to the date stated in the notice upon which such termination becomes effective. No amount shall be allowed, however, for anticipated profit on unperformed services. By written notice of default to the embedded criminologist, RPD may terminate this Agreement in whole or in part in if the embedded criminologist fails to perform his obligations under the Agreement, or fails to make progress so as to significantly endanger timely completion or performance of the terms of the Agreement and the embedded criminologist does not cure such failure within ten (10) days after receipt of written notice from the RPD. in the event the RPD terminates the Agreement in whole or in part for default, the RPD shall be entitled to take over and arrange for completion of performance of the embedded criminologist's services. Upon receipt of the notice of termination, the embedded criminologist shall immediately discontinue all services unless the notice directs otherwise; and deliver immediately to the RPD all reports, plans, specifications, data, estimates, summaries or other material and information, documentation and/or data whether completed or in process, accumulated by the embedded criminologist in performance of services. 4 The RPD may at any time at its sole option, by notice in writing to the embedded criminologist, suspend the performance of all or any portion of the embedded criminologist's services. The RPD will pay all reasonable and documented costs and expenses incurred by the embedded criminologist during any period of suspension, and subsequent start-up, as a result of or relating to such suspension. Reasonable efforts will be made by the,embedded criminologist to minimize all such costs and expenses. Upon receipt of written notice to resume work the embedded criminologist shall resume work on the suspended work. 12. Default of Performance. Neither Party to this Agreement shall be considered in default in the performance of its obligations herein to the extent that the performance of such obligations are delayed, hindered or prevented by any cause beyond the control of the Parties hereto which they could not have reasonably foreseen and guarded against. The lack of finances shall in no case be deemed to be beyond the control of either Party. Should the embedded criminologist be so delayed in the performance of his services or by any events not occasioned by fault on the part of the embedded criminologist, including failure of the RPD to provide its undertakings in accordance with this Agreement, then the embedded criminologist shall, within fifteen (15) days from the beginning of such delay, notify the RPD in writing of the cause of the delay. The embedded criminologist will ascertain the facts and the effect of the delay on the time frames contained herein, and equitable adjustments shall be made by mutual agreement in the time frames. 13. Completeness of Agreement. This Agreement represents the entire and integrated Agreement between the RPD and Radford and supersedes all prior negotiations, oral or written communications, representations or agreements. This Agreement will stay in force until such time as the Agreement is presented by one or the other signing parties for modification. At any time, as needed, this Agreement may be reviewed but may be modified or revised only by written instrument signed by authorized representatives of the RPD and the RCPD. Waiver of the breach of any terms of this Agreement shall not constitute a waiver of any subsequent breach of that term or a breach of any other provision of this Agreement. Failure of a party to insist upon or to enforce strict performance by the other party of any term of this Agreement shall not be construed as a waiver thereof, or as a relinquishment of the party's right to insist or rely upon such terms or rights on any future occasion. This Agreement may be modified or amended only by written instrument signed by both RPD and Radford. The parties agree that they will perform their obligations hereunder in accordance with all applicable federal, state and local laws, rules and regulations now and hereafter in effect. If any term or provision of this Agreement shall be found to be illegal or unenforceable then, notwithstanding, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 14. Gender. Any word importing the masculine gender used in this Agreement may extend to and be applied to females as well as to males. 15. Effective Date. This Agreement shall be effective on and after January 1, 2015. 5 IN WITNESS WHEREOF the City and Radford has caused this Agreement to be signed CITY OF ROANOKE, VIRGINIA By Christopher Morrill, City Manager RADFORD UNIVERSITY, VIRGINIA By ,J/ Mr./' omas Cruise, Director of Sponsored Programs and Grant Management 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40146-010515. A RESOLUTION authorizing the City Manager to execute a Revised Appendix A document in connection with a Virginia Department of Transportation (VDOT) Safe Routes to School (SRTS) Grant in order to transfer Grant funds from one project to the other project; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to accomplish this transfer and to implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute a VDOT Revised Appendix A, UPC: 102856, 105745, for the Garden City SRTS Project, in a form substantially similar to the document attached to the City Council Agenda Report dated January 5, 2015, with such document to be approved as to form by the City Attorney. The purpose of such document is to transfer unused funds from a completed SRTS project to the Garden City SRTS Project. 2. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to transfer, implement, administer, and use such Grant funds as set forth in the above mentioned Agenda Report, with any such documents to be approved by the City Attorney. ATTEST: q City Clerk v R-accepting VDOT's safe routes to school grant-tx fiords-LMC.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40147-010515. AN ORDINANCE to appropriate funding from Virginia Department of Transportation (VDOT) Transportation Safe Routes to Schools (SRTS) to the SRTS - Garden City Elementary project, amending and reordaining certain sections of the 2014- 2015 Capital Projects 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 2014-2015 Capital Projects Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from State Grant Funds 08-530-9627-9007 $ 30,365 Revenues VDOT- Garden City Greenway 08-530-9627-9628 30,365 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: n.4..4An1• 1111 _,,I1,1 Kt /11-&?-t/ City Clerk. 0�r -eta_ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 5, 2015 Subject: Authorization to Amend Virginia Department of Transportation (VDOT) Document to Combine Project Funding and Transfer Balance of Safe Routes to School Program Funds Background: VDOT administers the Safe Routes to School (SRTS) program that awards grants (100% reimbursable for eligible costs) to encourage elementary and middle school students to walk or bicycle to school. VDOT awarded SRTS program funds, and agreements between VDOT and the City of Roanoke were entered into, for two (2) projects within the City as follows: 1 . SRTS - Monterey Elementary School to Breckinridge Middle School VDOT Project Number: SRTS 128-308,P101 ,M501 ; UPC 93194 - provided $474,188. On July 20, 2009, Council authorized acceptance and appropriation of funds by Resolution No. 38533-072009 and Ordinance No. 38534-072009. On May 21 , 2012, by Resolution No. 39388-052112 and Ordinance No. 39389-052112, Council authorized the transfer of $92,558 in SRTS funds from the SRTS - Addison Middle School Project to the SRTS - Monterey Elementary School Project. The revised total amount of SRTS funds allocated for the Monterey Elementary School project was $566,746. The SRTS Monterey Elementary School project is complete. VDOT reimbursed eligible project expenses of $533,581 and incurred $2,800 in administrative costs, leaving $30,365 in SRTS funds not utilized. 2. SRTS - Garden City VDOT Project Number SRTS-128-323,P101 ,R201 ,C501 ; UPC 102856 - provided $417,435. On May 21 , 2012 Council authorized acceptance and appropriation of funds by Resolution No. 39386-052112 and by Ordinance No. 39387-052112. Funding is being utilized for the design of the project. To provide additional funding for the construction costs of the SRTS Garden City project, Council authorized on July 7, 2014, acceptance and appropriation of funds by Resolution No. 39987-070714 and Ordinance No. 39988-070714, providing $500,000 in VDOT Revenue Sharing Funds and $500,000 local match funds. This funding was allocated to VDOT Project 0000-128-R58, UPC 105745 - City-wide Streetscaping. The SRTS Garden City project is in right of way acquisition phase and the project will be bid upon acquisition of land rights. The estimate, including contingency, for the construction of this project is $1 ,000,000. Considerations: VDOT has agreed to transfer the balance of SRTS funds ($30,365) from the Monterey Elementary School project to the Garden City project and has also combined the two projects associated with the SRTS - Garden City project. A revised Appendix A to the VDOT Standard Administration Agreement for the Garden City Project has been provided by VDOT to reflect the transfer of funds and combination of projects / funding (see attached). Recommended Action: Authorize the City Manager to execute a Revised Appendix A document for the SRTS Garden City project, substantially similar to the document attached to this City Manager's Report dated January 5, 2015. Such document to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate and appropriate funding for Safe Routes to School - Garden City Elementary, Account 08-530-9532. istopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer 2 Locally Administered Appendix Al Date Revised: 12/9/2014 Project Number: SRTS-128423 UPC: 102856,105745 Locality: City of Roanoke Project Location ZIP+4: Locality DUN$# 008704316 Locality Address(mcl ZIP+4): 24014-5821 215 Church Avenue,S.W. Roanoke,VA 24011 SmPe: New sidewalk,sidewalk improvement/repair,off-street bicycle and pedestrian facilities,and intersection improvements along Garden City Boulevard between Yellow Mountain Road and Ivywood Street From: Near Garden City ES To Locality Project Manager Contact info: Priscilla Cygielnik-540-853-2035 Priscilla.Cygielnik(o)roanokeva.cloy Department Project Coordinator Contact Info: Cheryl Becker 540-387-5399 chervl.beckerColvdot.virginia.cloy _— ,a r . .`tR $ ';%.":44. ,. 4, ::xr,;.a%:■Pro ect Estimates ., .c.;">. '., t ''''-'-.--t.:fr r.,74:7:"• INIMIPPIEMI Construction Total Estimated Cost Estimated Local' Proect Ex•=rises $266,000 $0 $1,171,800 51,437.800 Estimated VDOT Proect Ex.enses $9,000 $0 $1000 $10,000 Estimated Total Proect Costs $275000 $0 $1,172,800 $1,447,800 . ..' , 3 in d°,.ya ...Pro act Cost and Relmbursmeri1`-':,;:.., .c.' 4', . .. . , , ". ..4--T- .3..*`. * Maximum Reimbursement Estimated a bursemem t• Locality Phase Estimated Proect Costs Local Share Amount (Estimated Cost-Local Max.Reimbursement-Eat. Project type Local%Participation for Share) (Choose from atop down box) Funds T •e VOOT Ex•enses IrETEMM $275,000 SRTS 0% $0 $275,000 --=— $0 $0 Total PE 5275.000 $0 $275,000 $266.000 RI.ht of Wa 8 Utilities $0 SRTS 0% $0 $0 $0 $0 Total RW SO $0 $0 $0 Construction $172800 SRTS 0% $0 $172,800 $1,000,000 Revenue Sharin• 50% $500,000 $500,000 Total CN $1,172,800 $500,000 $572800 $671,800 Total Estimated Cost $1447 800 — $500,000 $947,800 $937,800 Total Maximum Reimbursement by VDOT to Locality(Less Local Share) $947,800 Estimated Total Reimbursement by VDOT to Locality(Less Local Share and VDOT Expenses) $937,800 ,.,. Project Fin00cing , •x. s .r aaEx:,. ,v wpr 't•€'r'.fH�f:, '=4 , a-`3'�J•: ,. '"ai Aggregate Allocations Revenue Sharing Revenue Sharing (A+B+C+D+E+F) SRTS State Match Local Match $447,800 I $500,000 $500,000 $1.447,800 IA.Qz' ..- ',,.,+. - '"f`" :'a,->2 , Program and project Specific Funding Requirements '>. - •This project shall be administered in accordance with VDOTS maim Administered Pm acts Manual • The project will be constructed and maintained in accordance with VDOTs'. Road Design Manual • The Locality will continue to operate and maintain the facility as constructed.Should the design features of the project be altered by the Locality subsequent to project completion without approval of the Department,the locality inherently agrees,by execution of this agreement to make restitution,either physically or monetarily,as required by the Department. • UPC 102856 is a limited funds project utilizing SRTS funds The Locality shall be responsible for any additional funding in excess of $947,800 (if applicable) • UPC 105745 is a limited funds project utilizing Revenue Sharing funds. The Locality shall be responsible for any additional funding in $500,000 (if applicable) excess of • VDOT charges may increase due to increased VDOT oversight. • VDOT may prepare environmental review documents for the project,if agreed upon by both VDOT and the locality • SERP is not required for SRTS projects. • In accordance with federal policy for Safe Routes to School infrastructure projects,public funds must be spent on projects within the public right of way. • The project must be completed and the full SRTS allocation expended by three years from date of agreement or the project may be subject to de-allocation. •All Preliminary Engineering for both projects will be conducted under UPC 102856. Preliminary engineering must be underway within three(3)months from the date of agreement,and the first invoice sent within six(6)months and no less than every 90 days thereafter. • For UPC 105745,In accordance with§33.2-357 of the Code of Virginia,this project must be initiated and at least a portion of the funds expended within one year of allocation. • Revenue Sharing funds above consist of the following fiscal year(s)'. • FY15-$1000,000($500,000 Locality and$500.000 VDOT) • Funds are not available until July 1 of the fiscal year in which they are allocated. • Total project allocations: $1,447,600 Appropriation&Funds Required for this City of Roanoke,Virginia Contract Certified Authorized Locality Oifival and date City Director of Finance Authorized VDOT Official Date: Recommendation and Dale Account H: 08-530-9571-$500,000 Phil Schirmer,City Engineer Jay Guy,Program Manager Typed or printed name of person signing Approved as to Form: Typed or printed name of person signing Assistant City Attorney Version 8/19/11 CITY OF ROANOKE """� OFFICE OF THE CITY CLERK -r , • 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 d,�_. ,. lam-' Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @iroanokeva.gov JONATHAN E.CRAFT,CMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC REVISED AND CORRECTED Assistant Deputy City Clerk January 12, 2015 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am enclosing a certified true copy of Resolution No. 40148-010515 reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 39978-060614. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 5, 2015. Sincerely, Stephanie M. Moon Reynolds, MC City Clerk Enclosure pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, One Chase Manhattan Plaza, 42nd Floor, New York, New York 10005-1401 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director, Management and Budget 1p CIRCUIT COURT �v Received 8 Fi)e Ci�d(S -y kcKrz 57N THI? COUNCII, POR'f11Ii CIT Y OP ROANOIUi, VIRCiINI/!;P5' lDeputy The 5th day of January, 2015. CITY OFR No. 40148- 010515. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, REALLOCATING THE PURPOSES AND THE AMOUNTS OF THE GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS AUTHORIZED FOR ISSUANCE UNDER RESOLUTION NO. 39978. 060614. BE IT RESOLVED BY TIME COUNCIL OF THE CITY OF ROANOKE: SECTION I. Reallocation of Amounts Set Forth in Resolution No. 39978- 061614. (a) The Council (the "Council ") of the City of Roanoke, Virginia (the "City"), hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of "Public Libraries" the amount of $680,000 set forth in Resolution No. 39978 - 060614 adopted by the Council on June 16, 2014, for "Fire Facility Improvement Project ". (b) After the reallocation effected pursuant to Section I (a) hereof, Section 7 of Resolution No. 39978 - 061614 is hereby amended in its entirety to read as follows: "SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $23,000,000 in Section Ila) hereof (after taking into account costs of issuance, underwriting compensation and original issue discount) shall be applied to die payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Public Schools $5,000,000 Public Libraries 3,773,000 Parks and Recreation 1,000,000 Bridge Renovation Projects 3,800,000 Stormwater Management Projects 1,120,000 Civic Center Improvements 1,000,000 Curbs, Gutter and Sidewalk Improvements 1,000,000 Rail Passenger Infrastructure Improvements 3,000,000 Broadband Improvement Project 2,000,000 Fire Facility Improvement Project 70,000 911 Center 250.000 Total $22,013,000 2410623.1035368 RSIND -2- If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth." SECTION 2. Filing of Resolution With Circuit Court, The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia. SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon its adoption. ATTEST 0 City Clerk 241062D. 1035368 RSMn �rb IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40148- 010515. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, REALLOCATING THE PURPOSES AND THE AMOUNTS OF THE GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS AUTHORIZED FOR ISSUANCE UNDER RESOLUTION NO. 39978 - 060614. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Reallocation of Amounts Set Forth in Resolution No. 39978- 061614. (a) The Council (the "Council ") of the City of Roanoke, Virginia (the "City "), hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of "Public Libraries" the amount of $680,000 set forth in Resolution No. 39978 - 060614 adopted by the Council on June 16, 2014, for "Fire Facility Improvement Project ". (b) After the reallocation effected pursuant to Section 1(a) hereof, Section 7 of Resolution No. 39978 - 061614 is hereby amended in its entirety to read as follows: "SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $23,000,000 in Section 1(a) hereof (after taking into account costs of issuance, underwriting compensation and original issue discount) shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Public Schools Public Libraries Parks and Recreation Bridge Renovation Projects Stormwater Management Projects Civic Center Improvements Curbs, Gutter and Sidewalk Improvements Rail Passenger Infrastructure Improvements Broadband Improvement Project Fire Facility Improvement Project 911 Center Total Amount $5,000,000 3,773,000 1,000,000 3,800,000 1,120,000 1,000,000 1,000,000 3,000,000 2,000,000 70,000 250,000 $22,013,000 2410623.1 035368 Rs1ND - 2 - If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth." SECTION 2. Filing of Resolution With Circuit Court. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia. SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon its adoption. ATTEST: tr City Clerk. ) U ATsai: 0 �i�,v •Olaf CV 2410623.1 035368 RSIND IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40149-010515. AN ORDINANCE to transfer funding from the Fire Facility Renovation Master Plan, Capital Improvement Reserve, Williamson Road Library Renovations and Main Library — First Floor Improvements projects to the Raleigh Court Library Branch Renovations project, amending and reordaining certain sections of the 2014-2015 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014-2015 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Protects Fund Appropriations Raleigh Court Library Branch Reno 08-530-9536-9371 $ 680,000 Fire Facility Renovation Master Plan 08-530-9536-9374 ( 680,000) Appropriated from General Revenue 08-530-9575-9003 ( 46,189) Appropriated from 2015 Bond Funds 08-530-9621-9003 52,200 Appropriated from 2015 Bond Funds 08-530-9621-9373 730,000 Appropriated from 2015 Bond Funds 08-530-9629-9373 ( 680,000) Appropriated from 2015 Bond Funds 08-530-9649-9373 ( 50,000) Appropriated from General Revenue 08-530-9975-9003 ( 6,011) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: At#44-4/ nivI($4:444%; City Clerk. "'"a CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 5, 201 5 Subject: Reallocation of Funds to the Library Master Plan - Raleigh Court Library Background: The Capital Improvement Program includes $13.1 million for the Library Master Plan which entails the first floor remodeling at the Main Library, expansion/renovation of the Raleigh Court, Williamson Road, and Melrose branches, a storefront branch at Countryside, an e-branch in south Roanoke, as well as the engineering for Phase II of the Main Library renovation. On November 6, 2014, bids were received and opened for the proposed renovation and expansion of the Raleigh Court library. The planning construction estimate for the project was $2,254,435. The lowest bid of $3,785,000 surpassed the estimate by $1 ,530,565. The City's contract with the architectural design consultant establishes a "design-to-budget" for the construction cost. That document requires the firm to re-design the project to bring it within budget, and to do so at no additional cost to the City. The process to re-design the project to within budget would likely result in changes to the functional needs programmed for the new library, and reduce the size and features offered by the new facility. The City Engineer coordinated an effort with the design consultant and contractor that submitted the lowest bid to value-engineer the project. The value engineering process has resulted in reducing the project cost by $748,365, leaving a funding gap of $782,200. The project cost reductions included simplification of the structural system, changes to roof details, the HVAC system, lighting fixtures, and type of pavers to be used for the permeable pavement system in the parking lot. It is recommended that the funding gap of $782,200 be provided by reallocation and transfer of existing Building Category Capital Improvement Program funds to the Library Master Plan as follows: Reallocate $680,000 from the Fire EMS Master Plan, transfer $50,000 from the Williamson Road Library project due to lower than anticipated design costs, transfer $6,011 in unused funds from the Main Library renovation account and transfer $46,189 from Capital Project Contingency; all to the Raleigh Court Library account. Recommended Action: Adopt the accompanying resolution to reallocate $680,000 from the FY 201 5 scheduled Bond Issuance from the Fire Facility Master Plan to the Library Master Plan. Adopt the accompanying budget ordinance to transfer funding from the advance appropriation of the Fire Facility Master Plan to the advance appropriation of the Raleigh Court Library project in the amount of $680,000, transfer funding from the advance appropriation of the Williamson Road branch renovation project to the advance appropriation of the Raleigh Court Library project in the amount of $50,000, and transfer unused funding in the amount of $6,011 from the Main Library project account and $46,189 from Capital Project Contingency to the Raleigh Court Library project account. ristopher P. Morrill City Manager Distribution: Council Appointed Officers 2 1',1f;11';11,',11' Rife + Wood g$ .ARCHITECTS in Road Roanoke, Roanokeke,, V VA 24015 January 5, 2015 The Honorable David A. Bowers,Mayor, and Members of Roanoke City Council 215 Church Avenue, SW Room 452 Roanoke, VA 24011-1594 Re: Raleigh Court Library Expansion Dear Mayor Bowers and Members of Council, I am Richard Rife. My wife Luanne and I reside at 2301 Laburnum Avenue, 2-1/2 blocks from the Library. I am here this afternoon to try to save the City of Roanoke at least$782,000.00 on the cost of the Raleigh Court Library. I have read Mr.Morrill's report to Council and I respectfully disagree with several items in it: 1. Let me start by telling you what the term"Value Engineering" means in plain English. It means "Value Removal." "Cheapening" is another word for it. There is very little engineering in a Value Engineering process;value is removed and the quality of the project is cheapened. 2. The City is not following its contract with its architect. The contract requires that the project be designed within a mutually agreed-upon budget. Even after the Value Removal process,the project is still 35%over its budget. The City can, and in my opinion should, follow its own contract and require its architect to design the project within the budget. If Mr. Bolek cannot do this,then another architect (not me) should be retained. 3. Mr. Morrill's report states that a redesign of the project"within budget would likely . . . reduce the size and features offered by the new facility." In my professional opinion,this statement is not necessarily correct. Even after the Value Removal process,this project is still going to cost about $280.00/sf. This is a very high price for a branch library; a Blacksburg architect who designs 2-3 libraries a year in Virginia tells me his projects cost$150 - $200/sf, including site improvements. The original project budget of$205/sf is perfectly adequate to construct a very spacious and well- appointed library. 4. In my professional opinion, it would be less expensive to tear down the existing building and build a completely new library. The existing building is proving to be very awkward and expensive to renovate and expand; rather than offering the anticipated cost efficiencies of renovation, in this case tel: (540)344-6015 fax:(540)344-5982 renovation is actually imposing cost-inefficiencies. Examples of cost-inefficient renovation projects can be found in most renovation projects where Historic Renovation Tax Credits are required to offset the higher costs imposed by renovation. The established project budget is adequate to fund a new building. The City has built some very fine projects for far less than $205/sf: • Phase One of Patrick Henry High School: $116/sf, including site improvements. • Phase Two of Patrick Henry High School: $144/sf, including site improvements. • William Fleming High School: $141/sf, including site improvements. Construction costs have risen only a few percent since PH and Fleming were built. Spending$280/sf for a cheapened-up branch library renovation/expansion would be an unwise expenditure of public funds. 5. Mr. Morrill mentions"functional needs"would not be provided if the library is redesigned. One has to question the"need"for indoor and outdoor fireplaces each with a$12,000 insert and gas log that were included in the original design. One could also question the need for lighting an outdoor courtyard for a library that closes before sunset in warm weather. While I suspect that spendthrift items like these have been Value Removed,they are indicative of the design's overall lack of concern for the budget. 6. Mr. Morrill's report recommends reallocating$680,000 from the Fire EMS Master Plan to substantially fund the library's cost overrun,but does not explain the effects of this reduction on Fire and EMS programs. I and other citizens would like to know how this budget reduction will affect public safety. I understand that Council and the administration are eager to put this fiasco behind them and move forward with construction of something,anything,but I strongly recommend against spending$3 million on a fixed-up, cheapened-up branch library that will be constructed too close to Grandin Road and will have a negative effect on the architectural integrity of the Grandin Road corridor. Council should step back and start fresh with a new design for a new building that will provide a better value for the citizens. Yes, it will delay the reopening of the library,but$782,000 is a very steep penalty to pay to move forward toward a badly compromised end result. Design and construction on the Williamson Road branch can and should proceed as originally scheduled and budgeted. Hiccups on one library project should not affect another library project,just as the reallocation of funds from Fire/EMS apparently does not affect public safety. Let me close by thanking each of you for your service to this city we all love and call home. Sincerely yours, Richard A. Rife, AIA 2301 Laburnum Avenue Roanoke,VA 24015 Pc: Mr. Christopher P. Morrill IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40150-010515. AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings to the PC Replacement, Expansion of Network Capacity, and E911 Upgrades Hardware/Software projects, amending and reordaining certain sections of the 2014-2015 Department of Technology 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 2014-2015 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 13-430-9845-9003 $ 106,000 Appropriated from General Revenue 13-430-9854-9003 173,000 Appropriated from General Revenue 13-430-9870-9003 100,000 Fund Balance Retained Earnings - Available 13-3348 (379,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: i ( ,y �,,D __ Cary Clerk.i,19 1 0 " ' 11 CITY COUNCIL AGENDA REPORT * rt To: Honorable Mayor and Members of City Council Meeting: January 5, 2015 Subject: Appropriation of the Department of Technology Retained Earnings for Technology Projects Background: The Information Technology Committee (ITC), the Department of Technology's steering committee, is comprised of members representing twelve (12) City departments. The ITC heard a request from the Department of Technology regarding the need for funding for information technology initiatives. Considerations: Funding totaling $100,000 is needed to build capacity in order to purchase a replacement to the Computer Aided Dispatch (CAD) system used by E-91 1 . Network infrastructure upgrades totaling $173,000 are necessary to maintain a high level of service and operational efficiency. Funding totaling $106,000 has been planned for the rotating replacement of personal computers. Funding in the amount of $379,000 for these critical upgrades is available in the Technology Fund Retained Earnings account (13-3348). Recommended Action: Adopt the accompanying budget ordinance to appropriate funding as follows from Department of Technology Fund available Retained Earnings: $100,000 13-430-9870 - CAD Replacement $173,000 13-430-9854 - Enterprise Infrastructure $106,000 13-430-9845 - PC Replacement I , Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations i`•1, �' oCITY OF ROANOKE DEPARTMENT OF FINANCE § a 215 Church Avenue,SW,Suite 461 Roanoke,Virginia 24011-1220 Telephone: (540)853-2821 Fax: (540)853-6142 BARBARA A.DAMERON ANDREA F.TRENT Director of Finance Assistant Director of Finance January 5, 2015 Dear Mayor Bowers and Members of City Council: Subject: November FYI 5 Financial Report - City of Roanoke The following financial report provides commentary on the City's financial results for the five months ended November 30, 2014. General Fund FY15 year-to-date revenues increased 3.7% or $2.9 million compared to the same period in FY14. The increase was primarily due to higher Personal Property, Sales, Meals and Transient Occupancy tax revenues. Also contributing were increased reimbursements from the Commonwealth for Street Maintenance, and the timing of Comprehensive Services Act (CSA) and Jail Per Diem payments. In comparison, the budgeted increase was 0.2% when comparing the FY15 adopted budget against the FY14 adjusted final results. Year-to-date expenditures in FY15 stayed relatively flat compared to the same period in the prior year. Stormwater Utility Fund FY15 is the first year of operations for the Stormwater Utility Fund. Stormwater fee revenue for the month ended November 30, 2014 was $979,000, or 57.6% of FY15 anticipated revenues, which was slightly ahead of target. Operating expense was $692,000, or 25.1% of the expenditure budget resulting in an operating income of $287,000. Net position after transfers and contributions was approximately $201 ,000. Civic Center Fund FY15 year-to-date net change in position was a loss of $1 .0 million compared to the budgeted loss of $1 .2 million. The year-to-date operating revenue through November was lower than the budgeted revenues primarily due to lower than expected ticket revenue. The operating loss was approximately $110,000 less than the fiscal year to date budgeted operating loss. Amelia C. Merchant, Director of Management and Budget Deborah J. Moses, Parking Facilities Manager Robyn L. Schon, General Manager, Global Spectrum 3 CITY OF ROANOKE,VIRGINIA CIVIC CENTER FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2014 (UNAUDITED) FY 2015 Budget YTD FY 2015 FY 2014 Operating Revenues Rentals $ 2,035,785 $ 1,311.794 $ 1,019,982 Event Expenses 577,765 578.703 676,092 Advertising 90,150 137,711 57,706 Admissions Tax 206.345 177,179 155,163 Facility Surcharge/Ticket Rebate 189,138 158,278 147,401 Commissions 59,117 61,065 32,507 Ancillary 44,039 37,170 41,212 Miscellaneous 42,375 32,286 44,539 Total Operating Revenues 3,244,714 2,494,186 2,174,602 Operating Expenses Personal Services 509,094 480,643 471,900 Operating Expenses 3,154,421 2,322,506 2,067,026 Management Fees 160,415 160,415 154,958 Depreciation 375,515 375,515 375,515 Total Operating Expenses 4,199,445 3,339,079 3,069,399 Operating Loss (954,731) (844,893) (894,797) Nonoperatinq Revenues/(Expenses) Investment Income - 40,684 38,954 Interest Expense (222,022) (224,286) (344,094) Net Nonoperating Expenses (222,022) (183,602) (305,140) Net Loss (1,176,753) (1,028,495) (1,199,937) Change in Net Position $ (1,176,753) $ (1,028,495) $ (1,199,937) 3 CITY OF ROANOKE,VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FIVE MONTHS ENDED NOVEMBER 30,2014 (UNAUDITED) FY 2015 Budget YTD FY 2015 FY 2014 Operating Revenues Market Garage $ 181,250 $ 158,150 $ 203,088 Elmwood Park Garage 225,833 209,373 196,301 Center in the Square Garage 139,583 147,880 145,759 Church Avenue Garage 226,250 251,277 216,381 Tower Garage 157.500 168,700 157,885 Gainsboro Garage 53,750 32,542 53,616 Campbell Garage 49,583 54,764 51,806 Williamson Lot 37,500 33,846 35,619 Higher Ed Center Lot 23,333 21,168 26,605 Market Lot 11,667 17,099 13,064 Elmwood Lot 29,167 31,431 34,205 Warehouse Row Lot 15,417 13,190 13,410 West Church/YMCA Lots 10,833 8,757 10,946 Off Street Parking Violations(All Locations) 20,833 31,338 24,185 On Street Parking Violations 158,333 143,615 176,240 Total Operating Revenues 1,340,832 1,323,130 1,359,110 Operating Expenses Operating Expenses 804,182 728,371 701,087 Depreciation 399,780 399,780 399,780 Total Operating Expenses 1,203,962 1,128,151 1,100,867 Operating Income 136,870 194,979 258,243 Nonoperatinq Revenues/(Expenses) Investment Income - 31,491 30,743 Interest Expense (205,819) (241,897) (387,396) Net Nonoperating Expenses (205,819) (210,406) (356,653) Loss Before Transfers and Contributions (68,949) (15,427) (98,410) Transfers and Contributions Transfer from Capital Projects Fund 125,000 125,000 - Transfer to Capital Projects Fund - - (11,280) Net Transfers and Contributions 125,000 125,000 (11,280) Change in Net Position $ 56,051 $ 109,573 $ (109,690) 4 CITY OF ROANOKE,VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED NOVEMBER 30, 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 NOVEMBER 30, 2014. BALANCE AT BALANCE AT BALANCE AT OCT 31, 2014 RECEIPTS DISBURSEMENTS NOV 30,2014 NOV 30,2013 CONSOLIDATED FUNDS $74,788,648.90 $10,209,535.29 $25,791,427.01 $59,206,757.18 $62,464,664.85 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 NOVEMBER 30, 2014.THAT SAID FOREGOING: CASH CASH IN HAND $6,176.83 CASH IN WELLS FARGO BANK 2,802,932.06 CASH IN VALLEY BANK 2,962.23 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 16,324,680.40 BB&T INSURED DEPOSIT MONEY MARKET 1,001,884.02 CERTIFICATES OF DEPOSIT 2,005,485.13 VALLEY BANK PUBLIC FUNDS MONEY MARKET 26,151,277.83 VIRGINIA INVESTMENT POOL 5,016,049.04 VIRGINIA SNAP PROGRAM(U. S. SECURITIES) 5,895,309.64 TOTAL $59,206,757.18 /. Ate DECEMBER 17,2014 EVELYN W. POWERS, TREASURER 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE FIVE MONTHS ENDED NOVEMBER, 2014 (UNAUDITED) FY 2015 FY 2014 Additions Employer Contributions $ 6,400,281 $ 5,257,726 Investment Income Net Appreciation/(Depreciation) in Fair Value of Investments 4,966,585 40,548,438 Interest and Dividend Income 2,318,203 2,347,892 Total Investment Gain 7,284,788 42,896,330 Less Investment Expense 235,456 226,056 Net Investment Gain 7,049,332 42,670,274 Total Additions $ 13,449,613 $ 47,928,000 Deductions Benefits Paid to Participants $ 13,455,104 $ 13,101,399 Administrative Expenses 79,236 30,949 Total Deductions 13,534,340 13,132,348 Net Increase/(Decrease) (84,727) 34,795,652 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 398,072,905 347,126,105 Fund Balance November 30 $ 397,988,178 $ 381,921,757 6 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS November 30, 2014 (UNAUDITED) FY 2015 FY 2014 Assets Cash $ 914,868 $ 1,667,204 Investments, at Fair Value 399,747,406 382,847,027 Accounts Receivable 28,623 31,101 Due from Other Funds 737 1,160 Total Assets $ 400,691,634 $ 384,546,492 Liabilities and Net Assets Liabilities: Due to Other Funds $ 2,701,793 $ 2,624,017 Accounts Payable 1,663 718 Total Liabilities 2,703,456 2,624,735 Net Assets Held in Trust For Pension Benefits $ 397,988,178 $ 381,921,757 7 • 7. b. 1 . City of Roanoke Financial Report Five Months Ended November 30 , 2014 FY15 General Fund Overview • Through November, actual FY15 revenues have increased 3.7% compared to FY14, exceeding the budgeted increase of 0.2%, mainly as a result of higher general property and other local tax revenues. • The City's sales, lodging and meals taxes all performed well and contributed to strong local tax revenue growth. • Expenditures are aligned with adopted budget expectations. • Mid year departmental budget reductions have been implemented in response to challenges. • Sales Tax FY15 Revenue Estimate $ 19.238 M 20.0 15.0 O 10.0 5.0 0.0 4 Months Ended 10/31 7.0 6.0 Sales tax revenue 5.0 _ increased 7.9% compared to the prior 4.0 — year and YTD budget. 3.0 4 Months Ended 10/31 •Prior YTD Actual Li YTD Budget •YTD Actual J Meals Tax FY15 Revenue Estimate $13.659 M 15.0 En 10.0 -- C O 5.0 0.0 - 4 Months Ended 10131 5.0 FY15 revenue 4.5 was 3.2% higher than FY14, but is 4.0 0. 1 % below YTD 3.5 budget. 3.0 4 Months Ended 10/31 •Prior YTD ❑YTD Budget •YTD Actual 4 Transient Occupancy ( Lodging ) Tax FY15 Revenue Estimate $3.881 M 4.0 c 3.0 2.0 E 1.0 0.0 5 Months Ended 11/30 2.0 1.7 Lodging tax revenue 1.4 increased 14.2% over 1.1 FY14, and is 12.7% 0.8 higher than budget. 0.5 5 Months Ended 11/30 ■Prior YTD ❑YTD Budget s YTD Actual 5 Personnel (Salary/Benefit) Lapse 100.0 80.0 c 60.0 0 40.0 20.0 0.0 Target Actual 5 Months Ended 11/30 YTD expenditure is 0.06% or $240,000 ahead of target. 6 Comprehensive Services Act (CSA $3.00 - in a •° $2.50 $2.00 $1.50 $1.00 FY 2014 FY 2015 Target Actual Actual 5 Months Ended 11/30 YTD expenses are 1 .4% or $40, 000 above target of $2. 8M. Detention Residential Juvenile 750 500 0 250 0 Target Actual 5 Months Ended 11/30 Expenses expected to remain below budget. 8 I Solid Waste Fees 1,000 c 750 co o 500 t F' 250 0 Target Actual 5 Months Ended 11/30 YTD costs are 4.0% or $32,800 above target of $880K. 9 Motor Fuel Expenses U) 1000 -T__ 750 co 500 0 250 F— 0 Target Actual 5 Months Ended 11/30 YTD expense 7.8% or $37 , 000 below a non-seasonally adjusted target of $478K. 10 City Performance Strong Through November • Total revenues through November are 3.7% higher than prior year. Strong general property and local tax performance were viewed as indications that the local economy is improving. • Total expenditures flat with the prior year. Departmental expenditures continue to be monitored. • The U.S. unemployment rate held steady at 6 year low of 5.8%, a positive sign of economic growth. • FY15 challenges include the reinstatement of Local Aid to the Commonwealth and a refund of bank stock tax to Bank of America. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40151-010515. A RESOLUTION of the Council of the City of Roanoke, Virginia, declaring its official intent to reimburse itself from the proceeds of one or more issues of tax-exempt general obligation public improvement bonds and/or general obligation school bonds for expenditures made or to be made in connection with the acquisition, construction, reconstruction, improving, extending, enlarging and equipping of various city and school capital improvement projects BE IT RESOLVED by the Council of the City of Roanoke as follows: I. In accordance with Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986, the City of Roanoke, Virginia (the "City"), hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of one or more issues of its tax-exempt general obligation public improvement bonds and/or general obligation school bonds (collectively, the "tax-exempt bonds") in an amount of not to exceed $8,000,000 for moneys appropriated by the Council of the City from time to time for expenditures made or to be made by the City in connection with the acquisition, construction, reconstruction, improving, extending, enlarging and equipping of various city and school capital improvement projects of and for the City (collectively, the "Project"). 2. The adoption of this resolution shall constitute the declaration of an "official intent" by the City within the meaning of such term as defined in Treasury Regulation Section 1.150-2. This official intent is being made not later than sixty (60) days after the payment of any expenditures contemplated by Section I of this resolution to be reimbursed from the proceeds of the tax-exempt bonds of the City. 3. The City Clerk is directed to tile this resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of hiformation Act, Title 2.2, Chapter 37, Section 2.2-3700 el seq. of the Code of Virginia, 1950. 4. This resolution shall be effective from and after the date of its adoption. ATTEST: Attkitili • htatt•A Ctnaet, CITY CLERK. 2394247.1 038692 RS1ND IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40152-010515. AN ORDINANCE to appropriate funding to be provided by the issuance of General Obligation Bonds to the Civic Center Building Upgrades and Round Hill Expansion — Phase III projects, amending and reordaining certain sections of the 2014- 2015 Civic Facilities and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014-2015 Civic Facilities and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Civic Facilities Fund Appropriations Appropriated from 2016 Bond Funds 05-550-8631-9377 $ 1,000,000 Civic Center Upgrades 05-550-8635-9340 School Capital Fund (1,000,000) Appropriations Appropriated from 2016 Bond Funds 31-065-6059-9377 5,500,000 Round Hill Expansion — Phase III 31-065-9582-9379 (5,500,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A City Clerk. �7 ,,rt.7 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 5, 2015 Subject: Resolution of Intent to Reimburse from 2016 Bond Funds Background: The City of Roanoke (City) is currently in the process of executing much needed repairs and improvements to the civic center facilities (the Berglund Center). In order to take advantage of time and cost savings, the City would like to move forward with the improvements in FY 2015 and reimburse itself for the expenditures from bond proceeds once Bonds are issued in FY 2016. Roanoke City Public Schools (RCPS) is currently renovating Round Hill Elementary School to address ageing facility improvements as well as increased student membership. The window for construction work is narrow and in an effort to utilize the available window in the most effective manner, RCPS has accelerated the construction timeline. This requires RCPS to finance the project from available fund balance. Considerations: Council adopted the FY 2015-2019 Capital Improvement Plan (CIP) in May 2014. Included in the Plan were $1 .0 million for civic center improvements and $8.5 million in school improvements as components of the planned debt issuance for FY 2016. Authorization for reimbursement from the approved $1 .0 million for civic center improvements in advance of the FY 2016 issuance will enable the City to take advantage of time and cost savings. On December 15, 2014, the School Board adopted a Categorical Budget amendment with several changes including the authorization to use $5.5 million of fund balance for the Round Hill capital project. RCPS is now requesting permission to be reimbursed for Round Hill capital project expenditures from Bond proceeds in an amount not to exceed $7.0 million once the FY 2016 Bonds are issued. This will provide RCPS the necessary flexibility to proceed with the Round Hill renovation. Council authorization of this intent to reimburse from the advance issuance of bond funds is required. Recommended Action: Adopt the accompanying resolution of the Intent to Reimburse from 2016 debt issuance, in an amount not to exceed $8.0 million, for the City of Roanoke and Roanoke City Public Schools capital improvement projects. Adopt the accompanying budget ordinance to advance appropriate $1 .0 million for civic center capital improvements and $5.5 million for the Round Hill capital project from the FY 2016 debt issuance into accounts to be established by the Director of Finance. n / atzt ik. GLG� tG� Birbalra A. Dameron Director of Finance Distribution: Council Appointed Officers 2 •�, iT 6' `'`I CITY OF ROANOKE „el 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 Email: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk January 7, 2015 CECELIA T.WEBB,CMC ry Assistant City Clerk The Honorable Brenda S. Hamilton Clerk of the Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am attaching a certified true copy of Resolution No. 40153-010515 authorizing the issuance and sale of not to exceed fifty million dollars ($50,000,000) principal amount of City of Roanoke, Virginia, general obligation public improvement refunding bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such bonds are sold at negotiated sale; authorizing the City to enter into one or more bond purchase contracts by and between the City and such underwriters relating to such bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the City Manager and Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the City and such escrow agent relating to the refunded bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 5, 2015. Sincerely, froiLiad Stephanie Moon ynold , MMC City Clerk Attachment The Honorable Brenda S. Hamilton January 7, 2015 Page 2 pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, One Chase Manhattan Plaza, 42nd Floor, New York, New York 10005-1401 Kevin Rotty, Managing Director, Public Financial Management, Inc., Riverfront Plaza West, Suite 1110, 901 East Byrd Street, Richmond, VA 23219 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40153-010515. A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; AUTHORIZING THE SALE OF SUCH BONDS AT COMPETITIVE OR NEGOTIATED SALE; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT THERETO, INCLUDING THE POWER TO SELECT THE UNDERWRITERS IF SUCH BONDS ARE SOLD AT NEGOTIATED SALE; AUTHORIZING THE CITY TO ENTER INTO ONE OR MORE BOND PURCHASE CONTRACTS BY AND BETWEEN THE CITY AND SUCH UNDERWRITERS RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO EXECUTE AND DELIVER SUCH BOND PURCHASE CONTRACTS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO THE PURCHASERS OF SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT AN ESCROW AGENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT BY AND BETWEEN THE CITY AND SUCH ESCROW AGENT RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT A VERIFICATION AGENT; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE REFUNDED BONDS, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: SECTION 1. The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $46,030,000 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2004, 2410698.1 038692 RSIND dated February I, 2004 and maturing in varying amounts on October 1 in each of the years 2004 through 2019 (the "Series 2004 Bonds"). (b) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $7,935,000 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2004A, dated March 1, 2004 and maturing in varying amounts on August 1 in each of the years 2004 through 2017 (the "Series 2004A Bonds"). (c) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sale and delivered by the City's $5,500,000 principal amount of General Obligation Public Improvement Bonds, Series 2006B, dated February 8, 2006 and maturing in varying amounts on February 1 in each of the years 2007 through 2026 (the "Series 2006B Bonds"). (d) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $45,990,000 principal amount of General Obligation Public Improvement Bonds, Series 2008, dated February 5, 2008 and maturing in varying amounts on February 1 in each of the years 2009 through 2028 and on February 1, 2033 (the "Series 2008 Bonds"). (e) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $44,925,000 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010A, dated March 11, 2010 and maturing in varying amounts on October 1 in each of the years 2010 through 2029 (the "Series 2010A Bonds"). (f) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $4,820,000 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010C, dated August 11, 2010 and maturing in varying amounts on July 15 in each of the years 2011 through 2025, on July 15, 2027 and on July 15, 2030 (the "Series 2010C Bonds"). (g) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $5,470,000 principal amount of General Obligation Public Improvement Bonds, Series 2010D (Tax-Exempt- Recovery Zone Facility Bonds), dated August II, 2010 and maturing in varying amounts on July 15 in each of the years 2011 through 2025, on July 15, 2027 and on July 15, 2030 (the "Series 2010D Bonds"). (h) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $7,610,000 principal amount of General Obligation Public Improvement Bonds, Series 2012A, dated March 14, 2012 and maturing in varying amounts on February 1 in each of the years 2013 through 2032 (the "Series 2012A Bonds"). -2- 2410698.1 038692 RSIND (i) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to he issued, sale and delivered by the City's $24,580,000 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2013A, dated February 27, 2013 and maturing in varying amounts on July 15 in each of the years 2014 through 2029 and on July 15, 2033 (the "Series 2013A Bonds"). (j) The City has been advised by the City's Financial Advisor that the refunding in advance of their stated maturities of all or a portion of the outstanding Series 2004 Bonds, the outstanding Series 2004A Bonds, the outstanding Series 2006B Bonds, the outstanding Series 2008 Bonds, the outstanding Series 2010A Bonds, the outstanding Series 2010C Bonds, the outstanding Series 2010D Bonds, the outstanding Series 2012A Bonds and the outstanding Series 2013A Bonds and certain maturities of certain other currently outstanding issues of general obligation public improvement bonds of the City may result in annual debt service cost savings to the City, depending upon market conditions, or may enable the City to modify its existing annual debt service structure. (k) The Council desires to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds of the City to provide for the refunding in advance of their stated maturities and redemption of all or a portion of the outstanding Series 2004 Bonds, the outstanding Series 2004A Bonds, the outstanding Series 2006B Bonds, the outstanding Series 2008 Bonds, the outstanding Series 2010A Bonds, the outstanding Series 2010C Bonds, the outstanding Series 2010D Bonds, the outstanding Series 2012A Bonds, the outstanding Series 2013A Bonds and certain maturities of such other outstanding general obligation public improvement bonds, the refunding of which shall be recommended by the City's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds"). (1) Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized to issue refunding bonds to refund all or a portion of its outstanding bonds in advance of their stated maturities. (m) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Fifty Million Dollars ($50,000,000) principal amount of General Obligation Public Improvement Refunding Bonds for the purpose of refunding all or a portion of the Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds. SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Fifty Million Dollars ($50,000,000) principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds"). -3- 2410698.1 033692 RSIND (b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of$5,000 each or any integral multiple thereof The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance, The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so -4- 2410698.1038692 RSEND specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof; the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. -5- 2410693.1 038692 RSIND (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 5. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of each series of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of$5,000 or -6- 2410698.1 038692 RSMD any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof(including any paying agent for the Bonds) by reason of such numbers or any use made thereof(including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial purchasers of the Bonds. • (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale, on or before June 30, 2016, at a price not less than -7- 2410698.1038692 RSEND ninety-seven percent (97%) of the principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided, however, that a series of'the Bonds may be sold, whether at competitive or negotiated sale, only i f the refunding of the Refunded Bonds will result in net present value savings to the City of not less than three percent (3%), based on the principal amount of the related Refunded Bonds, provided lidrther that no net present value savings shall be required in connection with the sale of a series of the Bonds to he issued for the purpose of modifying the City's existing annual debt service structure. The Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Bonds of any series exceed five percent (5.00%) and provided further in no event shall the premium payable by the City upon the redemption of the Bonds exceed two percent (2%) of the principal amount thereof. (b) If the Bonds are sold at competitive sale, they may be sold contemporaneously with other bonds of the City under a combined Official Notice of Sale. If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to cause to be published and disseminated (via electronic means or otherwise) an Official Notice of Sale of the Refunding Bonds in such form and containing such terms and conditions as the Director of Finance may deem advisable, subject to the provisions hereof. (c) If the Bonds are sold at negotiated sale,the City Manager and the Director of Finance are hereby authorized to select the underwriters for the Bonds of each series (the "Underwriters") and to sell the Bonds of each series at a negotiated sale to the Underwriters selected by the City Manager and the Director of Finance, and either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to such Underwriters. (d) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the purchasers of the Bonds a Preliminary Official Statement and a final Official Statement relating the Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ("Rule 15c2-12"). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City. (e) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule I5e2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof (� All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and -8- 2410698.1 038692 RSIND for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent tinder and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assigmnent endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended). SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: itatids:e_i he) her A ntr'CopY That City Clerk. City •le -9- 2410698.1 038692 RSMD EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R- MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date;provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable on presentation and surrender hereof at the office of , as the Registrar and Paying Agent, in the City of , . Principal of and interest on this Bond are payable in any A-1 2410698.1 038692 RSIND coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in installments of$5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after , in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the series of which this Bond is one maturing on are subject to mandatory sinking fund redemption on and on each _ thereafter and to payment at maturity on in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of$5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new A-2 2410698.1 038692 RSIND I3oncl or Bonds issued equaling in principal amount that portion or the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) clays prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty- fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. A-3 2410698.1 038692 RSIND It is certified, recited and declared that all acts, conditions and things required to exist, happen or he performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the date first above written. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Cleric CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. [ ), as Registrar By: Authorized Signator Date of Authentication: A-4 2410698.1 038692 RS1ND ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing on the books kept for the registration thereof, with full power ofsubstituti n in the pre rises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by a member firm of The New York Stock NOTICE: The signature above must Exchange, Inc. or a commercial bank or trust correspond with the name of the Registered company. Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. A-5 2410698.1 038692 RSIND C CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 5, 201 5 Subject: Authorization to Refund Bonds Background: The City's Debt Policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance regarding the purposes for which debt may be issued, types and amounts of permissible debt and methods of sale that may be utilized. The City may issue refunding bonds to realize net present value savings, eliminate burdensome covenants or provisions in outstanding bond documents, or respond to financial emergencies or hardships. The City's goal will be to obtain net present value savings, net of issuance costs, at a minimum of three percent of the principal amount of the refunded bonds, and to remain compliant with the City's Debt Policies. Refunding Candidates: In order to achieve the best possible net present value savings outcome, the City, along with Public Financial Management, Inc. (PFM), the City's financial management advisors, will review all outstanding issues of general obligation public improvement and refunding bonds to select appropriate candidates for refunding from both a legal and savings opportunity perspective. Accordingly, each of the outstanding issues listed will continue to be evaluated for inclusion or exclusion of refunding bond issues according to the City's policy of a minimum of three percent net present value savings. The City issued $46.03 million of Series 2004 Refunding bonds dated February 25, 2004, to refund portions of the Series 1996, Series 1999A and Series 1 999B Public Improvement Bonds. Series 2004 bonds mature in varying amounts on October 1 in each of the years 2004 through 2016. The City issued $7.935 million of Series 2004A Refunding bonds dated March 11 , 2004, to refund portions of the Series 1997A Public Improvement Bonds. Series 2004A bonds mature in varying amounts on August 1 in each of the years 2004 through 2019. The City issued $5.5 million of Series 2006B bonds dated February 8, 2006, to fund the South Jefferson Redevelopment Project. Series 2006B bonds mature in equal amounts on February 1 in each of the years 2007 through 2026. The City issued $45.99 million of Series 2008 bonds dated February 5, 2008, to fund various projects including schools, buildings and infrastructure. Series 2008 bonds mature in varying amounts on February 1 in each of the years 2009 through 2028 and on February 1 , 2033. The City issued $44.925 million of Series 2010A Public Improvement and Refunding bonds dated March 11 , 2010, to fund the Market Garage renovation and to refund portions of the Series 2002A, 2004B, 2006A and 2008 Public Improvement Bonds. Series 2010A bonds mature in varying amounts on October 1 in each of the years 2010 through 2029. The City issued $4.82 million of Series 2010C Public Improvement and Refunding bonds dated August 1 1 , 2010, to fund various projects including schools, digital radio and infrastructure and to refund portions of the Series 2002A Public Improvement Bonds. Series 2010C bonds mature in varying amounts on July 15 in each of the years 2011 through 2025, 2027 and 2030. The City issued $5.47 million of Series 2010D bonds dated August 11 , 2010, to fund the Market Building renovations. Series 2010D bonds mature in varying amounts on July 15 in each of the years 2011 through 2025, 2027 and 2030. The City issued $7.61 million of Series 2012A bonds dated March 14, 2012, to fund various projects including school, buildings, infrastructure and Civic Center improvements. Series 2012A bonds mature in varying amounts on February 1 in each of the years 2013 through 2032. The City issued $24.580 million of Series 2013A Public Improvement and Refunding bonds dated February 27, 2013, to fund various projects including schools, digital radio and infrastructure and to refund portions of the Series 2006A and 2008 Public Improvement Bonds. Series 2013A bonds mature in varying amounts on July 15 in each of the years 2015 through 2033. Considerations: Based upon discussions with the City's financial advisor, Public Financial Management, Inc, the City is currently in the position to generate moderate savings from issuing refunding bonds. As interest rates fluctuate daily, it is important to the success of a refunding that the City be able to act quickly once interest rates savings achieve an acceptable level. Advance authorization is necessary to proactively manage and pursue additional refunding opportunities in a volatile market where conditions can rapidly change from favorable to unfavorable. Refunding bonds will be considered additional debt in the context of the City's Debt Policy and from rating agencies' perspective only to the extent that a slightly higher level of principal would need to be issued than the amount of bonds being refunded. Additionally, should a refunding take place, to the extent that debt service on bonds is being provided by the Western Virginia Water Authority (WVWA) or the Roanoke City Public Schools (RCPS), funding for 2 the new bonds also would come from the WVWA and RCPS, resulting in debt service savings for those entities as well as for the City. Under current market conditions, Series 2008 and 2012A bonds present a savings greater than the City policy limit of three percent. Recommended Action: Adopt the accompanying resolution authorizing the City Manager and the Director of Finance to issue not to exceed $50 million principal amount in refunding bonds on or before June 30, 2016. 4,Jagraigituzau Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Amelia C. Merchant, Director of Management and Budget Donald G. Gurney, Hawkins Delafield & Wood LLP Kevin Rotty, Managing Director, Public Financial Management, Inc. 3 • CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 e c Telephone: (540)853-2541. - -- " Fax: (540)853-1145 E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk Janus 7 2015 CECELIA T.WEBB,CMC January Assistant Deputy City Clerk Heather S. Shepardson 3659 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Ms. Shepardson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 5, 2015, you were appointed to replace Curtis E. Mills as a Citizen at large member of the Personnel and Employment Practices Commission, for a term of office ending June 30, 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were 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 the City of Roanoke as a member of the Personnel and Employment Practices Commission. Sincerely, .Arthrot4:4fri cerapt‘a Stephanie M. Moon Rey olds, MMC City Clerk Enclosures / pc: Michele Vineyard, Secretary, Personnel and Employment Practices Commission f�4 �trf, COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, 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 fifth day of January 2015, Heather S. Shepardson was appointed to replace Curtis E. Mills as a Citizen at large member of the Personnel and Employment Practices Commission, for a term of office ending June 30, 2017. Given under my hand and the Seal of the City of Roanoke this seventh day of January 2015. C te,t • CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 --- --' Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC January 7, 2015 Assistant Deputy City Clerk Cindy L. McFall 1224 Franklin Road, S. W., #4 Roanoke, Virginia 24016 Dear Ms. McFall: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 5, 2015, you were appointed to replace Melida McKee as the City of Roanoke's representative to the Local Office on Aging Advisory Council for a one-year term of office commencing March 1, 2015, and ending February 28, 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. 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 the City of Roanoke as its representative to the Local Office on Aging Advisory Council. Sincerely, Stephanie Moon ynol MMC City Clerk SMR:jec Enclosures pc: Susan Williams, Director, Local Office on Aging, P. O. Box 14205, Roanoke, Virginia 24038 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 fifth day of January 2015, Cindy L. McFall was appointed to replace Melida McKee as the City of Roanoke's representative to the Local Office on Aging Advisory Council for a one-year term of office commencing March 1, 2015, and ending February 28, 2016. Given under my hand and the Seal of the City of Roanoke this seventh day of January 2015. ny:LAY). City Clerk en\ etion4-- CITY OF ROANOKE ...-r OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 • Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 "�^1 -'", Fax: (540)853-1145 E-mail: clerk(eproanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC January 7, 2015 Assistant City Clerk Brenda A. Allen 12 Gilmer Avenue, N. E. Roanoke, Virginia 24016 Dear Ms. Allen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 5, 2015, you were appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Princess L. Moyer ending June 30, 2015. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered within two weeks of your appointment by the Clerk of the Circuit Court of the City of Roanoke. The Circuit Court Clerk's Office is 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 the undersigned 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 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 Roanoke Neighborhood Advocates. Sincerely, Stephanie M. Moon Rey , City Clerk Enclosures pc: Robert Clement, Jr., Neighborhood Coordinator) a CA.(.t.yYuJ COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, 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 fifth day of January 2015, Brenda A. Allen was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Princess L. Moyer ending June 30, 2015. Given under my hand and the Seal of the City of Roanoke this seventh day of January 2015. 46141A1-1. City Clerk � o- Page 1 of 1 Resignation - Princess Lenore Moyer Princess Moyer >/ to: 4"*"""fr Stephanie.Moon 01/05/2015 11:29 AM Hide Details From: Princess Moyer<princesslmoyer @gmail.com> To: Stephanie.Moon @roanokeva.gov, History: This message has been replied to and forwarded. Good Morning Mrs. Moon-Reynolds, Please accept this message as notification that I am no longer able to serve as a member of the Roanoke Neighborhood Advocates, effective January 5, 2015 I thank City Council for the appointment to the committee and I have enjoyed serving since September of 2012. Please confirm receipt of this email and let me know if you have any questions. Thanks, Princess Princess Lenore Moyer REALTOR/Showing Agent MKB REALTORS "Your Key to the Roanoke Valley!" Baying, Selling, and Properly Management Mobile - 540-467-0064 www.keytoroanoke.com www.mkbpropertymanagement.com 3801 Electric Road, Roanoke, VA 24018 Office- 540-989-4555/Fax 540-774-6396 file://C:\Users\CKSM 1\AppData\Loca l\Temp\notesC7A056\-web2897.htm 1/13/2015 CITY OF ROANOKE e : OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 a i 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 CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 7, 2015 Daniel E. Karnes 3422 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Karnes: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 5, 2015, you were appointed as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors, to fill the unexpired term of Nancy B. Page ending December 31, 2015. 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." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors. Sincerely, , v,. ►1� Stephanie M. Moon R olds, MMC City Clerk Enclosures pc: Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4001 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 fifth day of January 2015, Daniel E. Karnes was appointed as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors, to fill the unexpired term of Nancy B. Page ending December 31, 2015. Given under my hand and the Seal of the City of Roanoke this seventh day of January 2015. ttatiLim. City (,ierlc