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HomeMy WebLinkAboutCouncil Actions 02-17-15 40170-021715 BESTPITCH ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 17, 2015 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. Council Members Lea and Rosen absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. The Assistant City Manager for Operations gave a update regarding the snow event that occurred on Monday, February 16, 2015. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 19 at 7:00 p.m., and Saturday, February 21 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. 1 ANNOUNCEMENTS: Due to the inclement weather, Mayor Bowers announced that the 7:00 p.m., Session of the Council was CANCELLED and the Petition for Appeal filed by Ricky Mitchell appealing a decision of the Architectural Review Board denying his request to amend a previously approved Certificate of Appropriateness to replace the windows at 436 Walnut Avenue, S. W., would be continued until Monday, March 16 at 7:00 p.m., or as soon thereafter as the matter may be heard. 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. 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 TUESDAY 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,2 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 TERMS OF OFFICE ENDING OCTOBER 1, 2018 BOARD OF ZONING APPEALS - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING DECEMBER 31, 2015 CITY PLANNING COMMISSION - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING DECEMBER 31, 2016 FAIR HOUSING BOARD - THREE VACANCIES UNEXPIRED TERMS OF OFFICE ENDING MARCH 31, 2016 AND A TERM OF OFFICE ENDING MARCH 31, 2018 PARKS AND RECREATION ADVISORY BOARD - FOUR VACANCIES THREE YEAR TERMS OF OFFICE ENDING MARCH 31, 2018 ROANOKE BLACKSBURG REGIONAL AIRPORT COMMISSION - ONE VACANCY A.FOUR-YEAR TERM OF OFFICE ENDING MARCH 9, 2019 YOUTH SERVICES CITIZEN BOARD -VACANCIES 4-ONE, 4-TWO, 5-THREE, AS WELL AS TWO STUDENT MEMBERS COMMENCING JULY 1, 2015 (DEADLINE FOR RECEIPT OF APPLICATIONS -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. COPY OF THE SCHOOL BOARD APPLICATION MAY BE OBTAINED EITHER FROM THE CITY'S WEBSITE OR CITY CLERK'S OFFICE. DEADLINE FOR RECEIPT OF APPLICATIONS IN THE CITY CLERK'S IS TUESDAY, MARCH 10, 2015. 3 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the City of Roanoke's participation in the Welcoming Cities and Counties Project. WITHDRAWN. 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. 4. CONSENT AGENDA (APPROVED 5-0, C-1 and C-2 were withdrawn. ) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY C-1 A communication from 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. WITHDRAWN. C-2 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 salaries of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. WITHDRAWN. C-3 A communication from the City Clerk advising of the resignation of Mark Futrell as a member of the City Planning Commission, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. 4 C-4 A communication from Danny Wilson, Virginia's First Regional Industrial Facility Authority Executive Director, transmitting the Virginia's First Regional Industrial Facility Authority and Commerce Park Participation Committee's Financial Report for fiscal year 2014. RECOMMENDED ACTION: Received and filed. C-5 A report of qualification of David D. Parr as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Paul Adams ending June 30, 2015. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 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. Reallocation of funds for Western Virginia Workforce Development Board Workforce Investment Act (WIA) Programs. Adopted Resolution No. 40170-021715. (5-0) 2. Authorization to amend contract with Mattern & Craig, Inc., in connection with the Transportation Structures Inspection Program 2014 — 2018. Adopted Resolution No. 40171-021715. (5-0) 3. Authorization to waive a certain performance provision contained in the Performance Agreement dated July 1, 2012, as amended, among the City of Roanoke, Economic Development Authority, and Ivy View, LLC. Adopted Ordinance No. 40172-021715. (5-0) 5 COMMENTS OF CITY MANAGER. • Thursday, February 26 from 6:00 p.m. 8:00 p.m., at 16 West Market Place, (16 Church Avenue S.W., there is an event called "Big Lick Soup," a new micro grant opportunity to fund innovative community projects combined with the community meal called "Big Lick Soup." • St. Patrick's Day Parade and Shamrock Festival on Saturday, March 14 from 11:00 a.m.—8:00 p.m. For more information go to d owntownroanoke.o rg. • 37th Annual Clean Valley Day on Saturday, April 11 from 9:00 a.m. - 12:00 Noon. For more information go to cleanvalley.org. b. DIRECTOR OF FINANCE: 1. Reallocation and transfer of Roanoke City Public Schools Capital Projects Funding between phases; and redistribution of funding from closed projects. Adopted Budget Ordinance No. 40173-021715. (5-0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational grants and programs; and a report of the Director of Finance concurring in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40174-021715. (5-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 6 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Authorize Rob Catron, Roanoke City's Legislative Liaison, to oppose House Bill No. 2223 (Amendment in the Nature of a Substitute), a Bill to amend the Code of Virginia by adding a section number 2.2-3713.1, relating to the Freedom of Information Act; willful violation and misdemeanor, penalty. Black History Heritage Parade on Saturday, February 21 at 10:30 a.m., starting at the Martin Luther King, Jr. Statute Chinese New Year Celebration on Saturday, February 21 at the Taubman Museum, from 12:00 Noon — 4:00 p.m. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed Christopher Vail to replace Barbara Botkin as a member of the Architectural Review Board for a term ending October 1, 2018. Appointed Erin Hensley as an At-Large City representative of the Blue Ridge Behavioral Healthcare Board of Directors to fill the unexpired term of Max W. Davis ending December 31, 2016. Appointed Karri Atwood as a member of the City Planning Commission to fill the unexpired term of Mark Futrell ending December 31, 2016. 12. ADJOURNED. 2:35 P.M. q°F _ OFFICE OF THE MAYOR \�T 215 CHURCH AVENUE,S.W.,SUITE 452 VbfkGtN ' ROANOKE,VIRGINIA 24011-1594 - TELEPHONE: (540)853-2444 FAX (540)853-1145 DAVID A.BOWERS Mayor February 17, 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, olruw.v� David A. Bowers Mayor DAB:jec COMMITTEE VACANCIES/REAPPOINTMENTS February 17, 2015 Expiration of the four year term of office of Cynthia D. Lawrence as a Roanoke City representative of the Roanoke Blacksburg Regional Airport Commission ending March 9, 2015. Expiration of the four year terms of office of Ssunny Shah, Troy M. Rech, Joshua T. Dietz and Archie Freeman, Ill, as members of the Parks and Recreation Advisory Board ending March 31, 2015. Expiration of three year terms of office of Lisa Y. Barksdale, Dennis B. Light and Gail Kinzer Lewis ending March 31, 2015; and unexpired terms of office of Matthew Hogan and Patricia Johnson as members of the Fair Housing Board ending March 31, 2016 as members of the Fair Housing Board. Four-year terms of office to replace Barbara Botkin and Warner Dalhouse as members of the Architectural Review Board ending October 1, 2018. Unexpired term of office of Steven Trompeter as a member of the Board of Zoning Appeals ending December 31, 2015. Unexpired term of office of Mark Futrell as a member of the City Planning Commission ending December 31, 2016. Unexpired term of office of Max E. Davis as a City At-large representative of the Blue Ridge Behavioral Healthcare Board of Directors ending December 31, 2016. 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. Council has agreed to review applications on March 16 during 2:00 p.m. session; public hearing on April 20 during 7:00 p.m. session; interviews on May 4 during 2:00 p.m. session; and selection thereafter. 1 RbSTeont L+ CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W. 1?-/I Noel C.Taylor Municipal Building, Suite 456 ; ,,.', 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 V.Lea Anita J.Price Court G. Rosen David B.Trinkle February 17, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request that Council convene in a closed meeting to discuss a personnel matter, being the salaries of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, 4,.. Sherman P. Lea, Chair City Council Personnel Committee SPL:ctw CITY OF ROANOKE , OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 S TEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk@ronnokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk February 19, 2015 Mark K. Futrell 3702 Alton Road, S. W. Roanoke, Virginia 24014 Dear Mr. Futrell: A communication from the City Clerk advising of your resignation as a member of the City Planning Commission was before the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 17, 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 City Planning Commission from October 5, 2009 to February 17, 2015. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Ian Shaw, Agent, City Planning Commission Tina Carr, Secretary, City Planning Commission CERTIFICATE OF APPRECIATION PRESENTED TO MARK K. FUTRELL AS A MEMBER OF THE CITY PLANNING COMMISSION FROM OCTOBER 5, 2009 TO FEBRUARY 17, 2015 ON THIS 19TH DAY OF FEB.__ RUARy 2015 IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: DAVID A.BOWERS . MAYOR STEPHANIE M. OONRE *LDS CITY LERK . :119 CITY OF ROANOKE w.± 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(,a)roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 17, 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 Mark Futrell has tendered his resignation as a member of the City Planning Commission, effective immediately. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Virginia's First Regional Industrial Facility Authority 6580 Valley Center Drive, Suite 124 �Ifphalrirt Radford,VA 24141 Phone(540)639-1524 FAX(540)831-6093 VFRIFA and CPPC Member Local Governments: Bland County, Craig County, Giles County, Montgomery County, Pulaski County, Roanoke County, Wythe County, City of Radford, City of Roanoke, Town of Christiansburg, Town of Dublin, Town of Pearisburg, and Town of Pulaski February 4, 2015 Re: Virginia's First Regional Industrial Facility Authority and Commerce Park Participation Committee Financial Report- FY2014 To Member Local Governments, Please find the FY2014 Financial Report for Virginia's First Regional Industrial Facility Authority (VFRIFA) and the Commerce Park Participation Committee enclosed with this letter. This Annual Report for the fiscal year ending June 30, 2014 (FY2014) is submitted pursuant to Section 15.2-6403.E. of the 1950 Code of Virginia, as amended. During Fiscal Year 2014, the following activities were completed by VFRIFA and the Commerce Park Participation Committee: • The Town of Chrlstiansburg withdrew from membership in VFRIFA. • Certification for 420 acres of the NRV Commerce Park continued from Phase 2 to Phase 3 of the American Electric Power Quality Site Program (QSP) Certification. As part of moving forward with the certification process, McCallum Sweeney and AEP representatives visited the NRV Commerce Park and various plans/ studies were updated or completed, including a phase 1 environmental site assessment, geotechnical analysis, wetlands delineation, grading plan, master plan update, and preliminary design for extending the access road to the rear of the property. • Natural gas was extended to the NRV Commerce Park via a 6"steel gas main, which has sufficient capacity to supply multiple future industrial tenants. • Red Sun Farms began construction of Phase 1 of their greenhouse facility, which includes 19 acres of greenhouse production space, offices, packaging, and shipping. Joe Morgan served VFRIFA as the Executive Director for over six years; however, Mr. Morgan retired in August 2014. After Mr. Morgan's retirement, I was appointed as the new Executive Director for VFRIFA. I have enjoyed working with the appointed members from each locality since August and look forward to continue working you. If you ever have questions or need any information, please dont hesitate to contact me either via email at dwilsoneoulaskicounty.org or phone at 540-440- 0025. Sincerely, ler Danny Wilson, AICP, ISA Executive Director Enclosure I'v 01INSON, FARMi]E 1" , COX ASSOCIATES CERTIFIED PUBLIC ACCOUNTANTS A PROFESSIONAL LIMITED LIABILITY COMPANY December 18, 2014 To the Board of Directors Virginia's First Regional Industrial Facility Authority We have audited the financial statements of the business-type activities of Virginia's First Regional Industrial Facility Authority for the year ended June 30, 2014. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards (and, if applicable, Government Auditing Standards and OMB Circular A-133), as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated July 9, 2014. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by Virginia's First Regional Industrial Facility Authority are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the fiscal year. We noted no transactions entered into by Virginia's First Regional Industrial Facility Authority during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the financial statements was: Management's estimate of the value of inventory held for resale is based on the estimated market value of same. We evaluated the key factors and assumptions used to develop the estimate in determining that it is reasonable in relation to the financial statements taken as a whole. The amount received upon the sale of inventory will differ from the estimated value. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements for presentation in the audited financial statements. The audit adjustments for the Authority are attached hereto. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit, Management Representations We have requested certain representations from management that are included in the management representation letter dated December 18, 2014. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to Virginia's First Regional Industrial Facility Authority's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as Virginia's First Regional Industrial Facility Authority's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Restriction on Use This information is intended solely for the use of the Board of Directors and management of Virginia's First Regional Industrial Facility Authority and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, /��tl),soasi catanat car 4oa n- December 18, 2014 VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY FINANCIAL REPORT YEAR ENDED JUNE 30, 2014 VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY Financial Report Year Ended June 30, 2014 Table of Contents Exhibit Page FINANCIAL SECTION Independent Auditors' Report 1-2 Basic Financial Statements: Statement of Net Position 1 3 Statement of Revenues, Expenses and Changes in Net Position 2 4 Statement of Cash Flows 3 5 Notes to Financial Statements 6-14 COMPLIANCE SECTION Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 15-16 Schedule of Findings and Responses 17-18 FINANCIAL SECTION 0 hINSON, FARMER, COX ASSOCIATES A PROFESSIONAL LIMITED LIABILITY COMPANY CERTIFIED PUBLIC ACCOUNTANTS Independent Auditors' Report To the Members of the Board Virginia's First Regional Industrial Facility Authority Radford, Virginia Report on the Financial Statements We have audited the accompanying financial statements of the business-type activities of Virginia's First Regional Industrial Facility Authority, as of and for the year ended June 30, 2014 and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the Specifications for Audits of Authorities, Boards, and Commissions, issued by the Auditor of Public Accounts of the Commonwealth of Virginia. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. -1- Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the business-type activities of the Virginia's First Regional Industrial Facility Authority, as of June 30, 2014, and the changes in financial position, and cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Management has omitted management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 18, 2014, on our consideration of Virginia's First Regional Industrial Facility Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Virginia's First Regional Industrial Facility Authority's internal control over financial reporting and compliance. P o,t, u.w o, 4 4, ae zto_ Blacksburg, Virginia December 18, 2014 -2- Basic Financial Statements Virginia's First Regional Industrial Facility Authority Exhibit 1 Statement of Net Position As of June 30, 2014 ASSETS Current assets: Cash and cash equivalents $ 194,888 Accounts receivable 35,000 Prepaid items 1,608 Interest receivable 611 Due from participants (current portion) 755,972 Loan receivable 1,079 Total current assets $ 989,158 Noncurrent assets: Inventory held for resale $ 5,492,217 Loan receivable 15,056 Due from participants 153,330 Restricted assets: Cash&cash equivalents 507,726 Capital assets (net of accumulated depreciation): Water and sewer rights 1,377,860 Buildings and structures 148,584 Total noncurrent assets $ 7,694,773 Total assets $ 8,683,931 LIABILITIES Current liabilities: Accounts payable $ 13,584 Due to Pulaski County 372,146 Accrued interest payable 36,115 Unearned revenue 12,728 Due to Pulaski County PSA(amount due in one year) 22,542 Bond payable(amount due in one year) 219,610 Total current liabilities $ 676,725 Noncurrent liabilities: Due to Pulaski County PSA(amount due in more than one year) $ 1,344,108 Bond payable (amount due in more than one year) 6,350,647 Total noncurrent liabilities $ 7,694,755 Total liabilities $ 8,371,480 NET POSITION Unrestricted $ 312,451 Total net position $ 312,451 The accompanying notes to financial statements are an integral part of this statement. -3- Virginia's First Regional Industrial Facility Authority Exhibit 2 Statement of Revenues, Expenses and Changes in Net Position Year Ended June 30, 2014 Operating revenues: Annual dues $ 60,000 Rental income 22,437 Participant share - Commerce Park 1,233,370 Commerce Park Grant 35,000 Total operating revenues $ 1,350,807 Operating expenses: Commerce Park: Contracted management $ 6,370 Staff services 18,000 Miscellaneous 419 Transportation/travel 233 Marketing 2,281 Engineering 69,540 Maintenance 1,110 Utilities 120 Economic incentive payments (expenses) 820,000 Office supplies 58 Insurance 583 Depreciation 56,286 Virginia's First Regional IFA: Contracted management 12,630 Staff services 6,544 Bank fees 332 Miscellaneous 1,742 Telecommunications 1,662 Website maintenance 1,782 Transportation/travel 498 Insurance 1,123 Audit expense 5,500 Legal fees 11,466 Total operating expenses $ 1,018,279 Operating income (loss) $ 332,528 Nonoperating revenues (expenses): Interest earned $ 720 Interest expense (316,485) Total nonoperating revenues (expenses) $ (315,765) Change in net position $ 16,763 Net position, beginning of year, as restated 295,688 Net position, end of year $ 312,451 The accompanying notes to financial statements are an integral part of this statement. -4- Virginia's First Regional Industrial Facility Authority Exhibit 3 Statement of Cash Flows Year Ended June 30, 2014 Cash flows from operating activities: Receipts from operating grants and participating jurisdictions $ 892,209 Payments to suppliers and corporations (2,630,769) Net cash provided by (used for) operating activities $ (1,738,560) Cash flows from noncapital financing activities: Principal payments on notes payable* $ 95,606 Interest payments (282,349) Net cash provided by (used for) noncapital financing activities $ (186,743) Cash flows from investing activities: Interest received $ 109 Net cash provided by (used for) investing activities $ 109 Increase (decrease) in cash and cash equivalents $ (1,925,194) Cash and cash equivalents at beginning of year (Includes restricted cash amount of $2,186,357) $ 2,627,808 Cash and cash equivalents at end of year (Includes restricted cash amount of $507,726) $ 702,614 Reconciliation of operating income (loss) to net cash provided by (used for) operating activities: Operating income (loss) $ 332,528 Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities: Depreciation 56,286 Changes in operating assets and liabilities: (Increase) decrease in prepaid items 98 (Increase) decrease in accounts receivable (458,598) Increase (decrease) in economic incentive payables (1,600,000) Increase (decrease) in payables and accrued expenses (68,874) Net cash provided by (used for) operating activities $ (1,738,560) *On June 15, 2014, the Pulaski County Industrial Development Authority paid debt services on behalf of the Authority in the amount of $372,146. The accompanying notes to financial statements are an integral part of this statement. -5- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2014 Note 1-Summary of Significant Accounting Policies: The financial statements of the Authority conform to generally accepted accounting principles (GAAP) applicable to governmental units promulgated by the Governmental Accounting Standards Board (GASB). The following is a summary of more significant policies: A. Financial Reporting Entity Virginia's First Regional Industrial Facility Authority was created as a governmental subdivision of the Commonwealth of Virginia by concurrent resolutions of the Board of Supervisors of Bland, Craig, Giles, Montgomery, Pulaski, Roanoke and Wythe Counties; the City Councils of Roanoke, Radford, and Salem; and the Town Councils of Christiansburg, Dublin, Narrows, Pearisburg, and Pulaski on September 15` 1998. The Authority was created pursuant to the provisions of the Virginia Regional Industrial Facilities Act(Chapter 64 of Title15.2 of the Code of Virginia, 1950 as amended). The City of Salem and Town of Narrows withdrew from the Authority in 2011. The Authority is governed by up to twenty-six directors appointed by the participating localities. Each member government may appoint two members for a total of twenty-six members of the Board of Directors. The purpose of the Authority is to enhance the economic base for the member localities by developing, owning, and operating one or more facilities on a cooperative basis. As such, the Authority is authorized to expend such funds as may be available to it for the purpose of developing facilities, including but not limited to(i) purchasing real estate; (ii)grading sites; (iii)improving, replacing, and extending water, sewer, natural gas, electrical, and other utility lines; (iv) constructing, rehabilitating, and expanding buildings; (v) constructing parking facilities; (vi) constructing access roads, streets, and rail lines; (vii) purchasing or leasing machinery and tools; and (viii) making any other improvements deemed necessary by the Authority to meet its objectives. "Facility" means any structure or park, including real estate and improvements as applicable, for manufacturing, warehousing, distribution, office, or other industrial, residential, recreational or commercial purposes. B. Basis of Accounting The Authority operates as an enterprise fund and its accounts are maintained on the accrual basis of accounting. Under this method, revenues are recognized when earned, and expenses are recorded as liabilities when incurred, without regard to receipt or payment of cash. The Authority accrues revenue for services rendered but not yet billed at the end of the fiscal year. The Authority distinguishes operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with the Authority's principal ongoing operations. The principal operating revenues of the Authority are contributions, revenue sharing payments and land sale proceeds. Operating expenses include the cost of administrative expenses, economic incentive payments, and host fee payments. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. C. Inventory Valuation Inventory held for resale consists of land in the Commerce Industrial Park and is valued at the lower of cost or market. -6- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2014 (continued) Note 1-Summary of Significant Accounting Policies: (continued) D. Deferred Outflows/Inflows of Resources In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense) until then. The Authority does not have any deferred outflows of resources as of June 30, 2014. In addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The Authority does not have any deferred inflows of resources as of June 30, 2014. E. Cash and Cash Equivalents The Authority's cash and cash equivalents consist of cash on hand, demand deposits, certificates of deposit and short-term investments with original maturities of three months or less from the date of acquisition. F. Prepaid Items Certain payments to venders represent costs applicable to future accounting periods and are recorded as prepaid items. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. G. Net Position Flow Assumption Sometimes the Authority will fund outlays for a particular purpose from both restricted (e.g. restricted bond or grant proceeds)and unrestricted resources. In order to calculate the amounts to report as restricted- net position and unrestricted - net position in the financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is Authority's policy to consider restricted- net position to have been depleted before unrestricted - net position is applied. H. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. -7- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2014 (continued) Note 1-Summary of Significant Accounting Policies: (continued) I. Net Position Net position is the difference between assets and deferred outflows of resources and liabilities and deferred inflows of resources. Net investment in capital assets represent capital assets, less accumulated depreciation less any outstanding debt related to the acquisition, construction or improvement of those assets. The Authority's debt was issued for the purchase of capital assets and inventory held for resale. The Authority does not allocate debt between the two classes of assets purchased with same. Currently, outstanding debt exceeds the carrying value of inventory and capital assets. J. Capital Assets Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items) are reported in the financial statements. Capital assets are defined by the Authority as assets with an initial, individual cost of more than $5,000 (amount not rounded) and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase of capital assets of business-type activities is included as part of the capitalized value of the assets constructed. No interest was capitalized during the current or previous year. Property, plant, and equipment of the Authority is depreciated using the straight line method over the following estimated useful lives: Assets Years Water and sewer rights 40 Buildings and structures 20-40 Equipment and machinery 10 Note 2-Cash and Securities: Deposits: Deposits with banks are covered by the Federal Deposit Insurance Corporation (FDIC) and collateralized in accordance with the Virginia Security for Public Deposits Act(the"Act)Section 2.2-4400 et. seq. of the Code of Virginia. Under the Act, banks and savings institutions holding public deposits in excess of the amount insured by the FDIC must pledge collateral to the Commonwealth of Virginia Treasury Board. Financial Institutions may choose between two collateralization methodologies and depending upon that choice, will pledge collateral that ranges in the amounts from 50% to 130% of excess deposits. Accordingly, all deposits are considered fully collateralized. -8- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2014 (continued) Note 2-Cash and Securities: (continued) Investments: Statutes authorize local governments and other public bodies to invest in obligations of the United States or agencies thereof, obligations of the Commonwealth of Virginia or political subdivisions thereof, obligations of the International Bank for Reconstruction and Development (World Bank), the Asian Development Bank, the African Development Bank, "prime quality" commercial paper and certain corporate notes, banker's acceptances, repurchase agreements, and the State Treasurer's Local Government Investment Pool (LGIP). Credit Risk of Debt Securities The Authority has not adopted an investment policy for credit risk. The Authority's rated debt investments as of June 30, 2014 were rated by Standard and Poor's rating scale and the ratings are presented below. Authority's Rated Debt Investments' Values Rated Debt Investments Fair Quality Ratings AAAm Fidelity Institutional Treasury Portfolio Cl II $ 507,726 Interest Rate Risk The Authority did not hold any investments during the fiscal year or at year end that were subject to interest rate risk. Custodial Credit Risk At year end, the Authority was not exposed to any custodial credit risk for deposits or investments. The Authority limits deposits to those banks fully collateralized under the Commonwealth's Security for Public Deposits Act. The Authority's policy in regards to investments requires that all investments be held in the Authority's name. The remainder of this page left blank intentionally. -9- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2014 (continued) Note 3-Long-term Obligations: Changes in long-term obligations are as follows: Balance Balance July 1, 2013 Issuances Retirements June 30, 2014 Due to Pulaski County PSA1 1,413,190 - (46,540) 1,366,650 Bond Payable? 6,810,000 - (230,000) 6,580,000 Less: Bond Payable Discount (10,133) - 390 (9,743) Total $ 8,213,057 $ - $ (276,150) $ 7,936,907 1 Represents amounts due to the Pulaski County Public Service Authority for reimbursements related to debt service issued to provide water/sewer service to Commerce Park. 2 Represents amounts due to the Pulaski County Industrial Development Authority for reimbursements related to debt service issued on behalf of the Industrial Facility Authority. Annual requirements to amortize long-term debt and related interest are as follows: For the Year Ended Bond Payable Due Pulaski PSA June 30, Principal Interest Principal Interest 2015 $ 220,000 $ 274,815 $ 22,542 $ 8,460 2016 225,000 282,520 23,077 31,923 2017 225,000 280,226 23,625 31,375 2018 230,000 276,884 24,186 30,814 2019 235,000 272,443 24,761 30,239 2020-2024 1,305,000 1,257,139 132,911 142,089 2025-2029 1,445,000 990,713 149,462 125,538 2030-2034 1,170,000 664,888 168,074 106,926 2035-2039 1,525,000 331,906 189,003 85,997 2040-2044 - 18,006 212,539 62,461 2045-2049 - - 239,006 35,994 2050-2052 - - 157,464 62,536 Totals $ 6,580,000 $ 4,649,540 $ 1,366,650 $ 754,352 -10- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2014 (continued) Note 3-Long-term Obligations (Continued): Details of long-term obligations Total Amount Due Amount Within One Year $6,810,000 bond issued on June 27, 2013 bearing interest at rates varying from 0.77% to 5.375%. Interest payments are due on June 15th and December 15th annually. Principal payments ranging from $230,000 to $335,000 are due annually on June 15th through 2039. $ 6,580,000 $ 220,000 Original issue discount (9,743) (390) $2,145,000 loan payable to the Pulaski County NA in annual installments of $55,000 dated April 13, 2010. The loan became due and payable upon completion of the PSA water and sewer expansion project, with such project placed in service on June 30, 2013. The loan is non-interest bearing; however interest has been imputed at a rate of 2.375% based on market conditions. The discounted original value of the loan is $1,413,190. 1,366,650 22,542 Total long-term obligations $ 7,936,907 5 242,152 On June 27, 2013, the Industrial Development Authority of Pulaski County issued $6,810,000 in revenue bonds. The proceeds from this bond issuance were used to refinance debts of Virginia's First Regional Industrial Facility Authority(IFA)and provide capital for improvements to an industrial development park(Commerce Park)owned by the IFA. Virginia's First Regional Industrial Facility Authority has agreed to reimburse the Industrial Development Authority of Pulaski County for all payments made under the bonds. As a result, Virginia's Regional First Industrial Facility Authority has reported all transactions related to the bonds in these financial statements and reports amounts due to the Industrial Development Authority of Pulaski County as bonds payable at year end. Note 4-Assets Held for Resale: Assets held for resale totaling$5,492,217 represent the estimated value of land in the New River Commerce Park owned by the Authority. This inventory is valued at the lower of cost or estimated market as based on an appraisal of the property in 2009. Such appraisal has not been updated since the date of preparation. The remainder of this page left blank intentionally. -11- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2014 (continued) Note 5-Due from Participating Jurisdictions: The Authority sells shares to participating jurisdictions in industrial development projects initiated by the Authority. Participating jurisdictions are entitled to profits generated by these industrial development projects, as presented in their participation agreements, to the extent taxes (real estate, business and personal property, and machinery and tools) generated by the projects exceed expenses related to the projects. Under terms of these agreements, the host locality shall remit to the Authority taxes (less a 5% host fee) generated from an industry locating on a project site in the host locality. The revenue sharing agreements further require the participating jurisdictions to contribute amounts necessary to cover all expenses of the projects, to the extent that taxes generated by the project do not cover these expenses. The amount reported in the statement of net position as due from participants represents the amount necessary to cover the net liabilities of the Commerce Park Project at year end. A portion of this amount is reported as a current asset as same will be necessary to cover current liabilities of the Project in the upcoming fiscal year. Note 6-Capital Assets: Capital asset activity for the year ended June 30, 2014 was as follows: Beginning Ending Balance Increases Decreases Balance Capital assets, being depreciated: Water and sewer rights $ 1,413,190 $ - $ - $ 1,413,190 Buildings and structures 416,850 - - 416,850 Total capital assets being depreciated $ 1,830,040 $ - $ - $ 1,830,040 Accumulated depreciation: Water and sewer rights $ - $ (35,330) $ - $ (35,330) Buildings and structures (247,310) (20,956) - (268,266) Total accumulated depreciation $ (247,310) $ (56,286) $ - $ (303,596) Total capital assets, net $ 1,582,730 $ (56,286) $ - $ 1,526,444 Note 7-Note Receivable: The IFA sold 3.5855 acres of land in Commerce Industrial Park for $16,135 under terms of a note receivable dated May 9, 2013. The note requires annual principal and interest payments of$1,122.96. The payments were due to begin on June 1, 2014 and continue for twenty years. Interest on the note accrues at 3.5%annually. The amount due at year end was $16,135. The remainder of this page left blank intentionally. -12- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2014 (continued) Note 8-Restricted Cash and Cash Equivalents: Restricted cash and cash equivalents consist of the following: Debt service reserves $ 507,726 Note 9-Risk Management: The Authority is exposed to various risks of losses related to torts; theft of, damage to and destruction of assets; errors and omissions; injuries to employees and natural disasters. The Authority participates with other entities in a public entity risk pool for their coverage of property, general liability, automobile liability, and public officials insurance with VACO. Each member of the risk pool jointly and severally agrees to assume, pay and discharge any liability. The Authority makes contributions and assessments into a designated cash reserve fund out of which expenses of the pool, claims and awards are to be paid. In the event of the loss, deficit, or depletion of all available resources, the pool may assess all members in the proportion to which the premium of each bears to the total premiums of all members in the year in which such deficit occurs. Settled claims resulting from these risks have not exceeded coverage in any of the past three fiscal years. Note 10-Economic Incentive Agreement: On March 15, 2013, the Industrial Facility Authority (IFA) and the County of Pulaski, Virginia entered into a performance agreement with Red Sun Farms Holdings LLC (the Company). Under the agreement, the IFA will lease certain industrial property (approximately 100 acres in the NRV Commerce Park) to the Company for $1/year and such property may transfer to the Company at the end of the lease agreement if all obligations under the performance agreement are met. Terms of the agreement require the IFA to make certain land improvements to the property in an amount not to exceed $2,000,000. Of the $2 million total, the IFA will provide funding of $1.6 million through the Pulaski County IDA bond issue of June 2013. The balance is a contribution pledge of $400,000 from Pulaski County. The Company has agreed to pay a $0.10 surcharge per 1000/gallons of water delivered to the Company by the Pulaski County Public Service Authority. The Company has also agreed to invest $30,000,000 in the project, which consists of construction of a greenhouse structure, machinery, and related assets used in their production facility. The Company has further committed to employ at least 205 employees at the facility and has further agreed to meet certain minimum wage requirements. Tax revenues generated by the agreement will be remitted to the IFA under terms of the Commerce Park Participation Agreement. Note 11-Due to Pulaski County: On approximately June 15, 2014, Pulaski County paid debt service on behalf of the Industrial Facility Authority in the amount of $372,146. This amount (due to Pulaski County) has been recorded as an accounts payable in the accompanying financial statements. Terms of the repayment have not been finalized as of the date of this report. -13- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2014 (continued) Note 12-Intra-agency Advances: The Authority has advanced funds to the Commerce Park Project. To date, the Authority has advanced funds totaling $217,000 for use by the project participants. In addition, the Authority has covered certain expenses of the Commerce Park Project that are not included within these advances. Note 13-Intangible Asset and Related Liability: Virginia's First Regional Industrial Facility Authority (IFA) entered into a support agreement with the Pulaski County Public Service Authority (PSA)on April 13, 2010. The agreement stipulates that the IFA will make annual payments to the PSA in an amount not to exceed $55,000 for a period not to exceed 40 years. The payments are to provide capital support for the PSA to provide water and sewer service to an industrial park(Commerce Park) owned by the IFA. The agreement further stipulates that the IFA may collect a surcharge of$1 per 1000 gallons of water provided to and/or sewer treated from Commerce Park businesses. The IFA has recorded an intangible asset (water and sewer rights) in the financial statements in the amount of$1,377,860, which represents the net book value of the IFA's commitment to the PSA at a discount rate of 2.375%. Note 14-Restatement of Beginning Balance: Total Amount Net Position, July 1, 2013, as previously reported $ 45,679 Adjustment: Additional amount due from participants in the Commerce Park Project 250,009 Net Position, July 1, 2013, as restated $ 295,688 -14- COMPLIANCE SECTION RO UNSON, FA "ME I1 , Cox AssocIA t ES A PROFESSIONAL LIMITED LIABILITY COMPANY CERTIFIED PUBLIC ACCOUNTANTS Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards To the Members of the Board Virginia's First Regional Industrial Facility Authority Radford, Virginia We have audited, in accordance with the auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the Specifications for Audits of Authorities, Boards and Commissions, issued by the Auditor of Public Accounts of the Commonwealth of Virginia, the financial statements of the business-type activities of Virginia's First Regional Industrial Facility Authority as of and for the year ended June 30, 2014, and the related notes to the financial statements, which collectively comprise Virginia's First Regional Industrial Facility Authority's basic financial statements and have issued our report thereon dated December 18, 2014. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered Virginia's First Regional Industrial Facility Authority's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of Virginia's First Regional Industrial Facility Authority's internal control. Accordingly, we do not express an opinion on the effectiveness of Virginia's First Regional Industrial Facility Authority's internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. However, as described in the accompanying schedule of findings and responses, we identified certain deficiencies in internal control that we consider to be material weaknesses. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. We consider the deficiencies described in the accompanying schedule of findings and responses to be material weaknesses (ref. 2014-001 and 2014-002). -15- Compliance and Other Matters As part of obtaining reasonable assurance about whether Virginia's First Regional Industrial Facility Authority's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed instances of no noncompliance or other matters that are required to be reported under Government Auditing Standards. Virginia's First Regional Industrial Facility Authority's Response to Findings Virginia's First Regional Industrial Facility Authority's response to the findings identified in our audit is described in the accompanying schedule of findings and responses. Virginia's First Regional Industrial Facility Authority's response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. lrlia . soot., catotte, 4 €Soaata- Blacksburg, Virginia December 18, 2014 -16- Virginia's First Regional Industrial Facility Authority Schedule of Findings and Responses Year Ended June 30, 2014 Section I - Summary of Auditors' Results Financial Statements Type of auditors' report issued: Unmodified Internal control over financial reporting: Material weakness(es) identified? Yes Significant deficiency(ies) identified? No Noncompliance material to financial statements noted? No Section II - Financial Statement Findings Finding 2014-001 Criteria: Per Statement on Auditing Standards 115, an auditee should have sufficient expertise in the selection and application of accounting principles used in the preparation of the annual financial report. Condition: The Authority does not possess sufficient expertise in the selection and application of accounting principles to ensure the annual financial report (and interim financial statements) meet all applicable standards promulgated by Generally Accepted Accounting Principles (GAAP) and the Governmental Accounting Standards Board (GASB). Effect: The financial statements required material adjustments to be presented in accordance with current financial reporting standards. Cause: The Authority entered into complex financial transactions and did not evaluate these transactions in a financial reporting context. Recommendation: The Authority should hire a consultant to review contracts and prepare the financial statements in accordance with applicable financial reporting requirements. Management's The Authority's Treasurer, Mr. Meadows, has an extensive background in finance and Response: accounting. Mr. Meadows will begin reviewing financial records on a quarterly basis to ensure proper accounting principles are being followed and records are properly organized. -17- Virginia's First Regional Industrial Facility Authority Schedule of Findings and Responses Year Ended June 30, 2014 Section II - Financial Statement Findings (continued) Finding 2014-002 Criteria: Financial records should be maintained on-site during the audit process and available for review by the auditor(s). Condition: Financial information key to the audit was not available on-site during our scheduled audit fieldwork. Effect: Without financial records, the auditor could miss material transactions that should be reported in the financial statements of the Authority. Cause: The Authority has not established a central repository for all files. Recommendation: The Authority should maintain complete financial records and related agreements in one location and should make all of these files available to their financial consultant (responsible for financial reporting) and their auditor. Management's The Authority has created a single holder of all records - the New River Valley Response: Planning District Commission (NRV PDC). The NRV PDC will retain all financial records in one location, which will be available for future audits. -18- .;.,a sea CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 FEW (540)853-1145 STEPIIANIE M.MOON REYNOLDS,MM E-mail: elerk(�Aronnokevn.gov C City, Clerk JONATHAN E.CRAFT,CMC Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 18, 2015 Robert A. Clement, Jr. Neighborhood Services Coordinator Roanoke, Virginia Dear Mr. Clement: This is to advise you that David D. Parr has qualified as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Paul Adams ending June 30, 2015. Sincerely, h Wind Stephanie M. Moon Reyn s, MIVIC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David D. Parr, 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 Paul Adams ending June 30, 2015, according to the best of my ability. So help me God. b—Z-- )htf DAVID D. PARR The forego oath of office was taken, sworn to, and subscribed before me by David D. Parr this(V r day o 20145 Brenda S. Hamilton, Clerk of the Circuit Court BY Asslaniktiale L btel.'1 'Clerk r CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail clerk(Prommkeva.gov JONATt1AN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 18, 2015 George Taratsas, Resource Administrator Workforce Administration and Resources Virginia Community College System James Monroe Building 101 North Fourteenth Street Richmond, Virginia 23219 Dear Mr. Taratsas: I am enclosing copy of Resolution No. 40170-021715 acknowledging and recognizing the PY2013 Workforce Investment Act funding from the Virginia Community College System, in the amount of$50,000.00, for the Adult and Dislocated Worker programs for the award period of July 1, 2013, through June 30, 2015, the foregoing funding to be administered by the Western Virginia Workforce Development Board. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, February 17, 2015. Sincerely, 44141.• h.). 0 Stephanie M. Moo eynol s, MMC City Clerk pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 2015. No. 40170-021715. A RESOLUTION acknowledging and recognizing the PY2013 Workforce Investment Act ("WIA") funding from the Virginia Community College System in the amount of$50,000 for the Adult and Dislocated Worker programs for the award period of July 1, 2013, through June 30, 2015, the foregoing funding to be administered by the Western Virginia Workforce Development Board ("WDB"). WHEREAS, pursuant to the Workforce Investment Act, federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated February 17, 2015; WHEREAS, on February 28, 2013, the WDB was designated as the fiscal agent for WIA funds and administers the federal funds provided by WIA through the Virginia Community College System for Local Workforce Area 3, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; and WHEREAS, WIA funding for the award period July 1, 2013, through June 30, 2015, in the amount of$50,000, will be allocated for the Adult and Dislocated Worker programs, in order to serve an additional fourteen (14) WIA eligible Adult program participants during the PY2015 contract year, as designated in the City Council Agenda Report dated February 17, 2015. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, the PY20I3 WIA funding in the amount of R-acknowledge Western Va Workforce Development-FY2013 fimding.2-17-2015 $50,000 from the Virginia Community College System, with no local match from the City, to be used during the award period of July I, 2013, through June 30, 2015, for the purpose of administering WIA programs for the Adult and Dislocated Worker client populations, as more particularly set out in the City Council Agenda Report dated February 17, 2015. 2. The City Manager is directed to furnish such additional information as may be required in connection with the acknowledgement and recognition of the foregoing funding. 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. ATTEST: Att/24024) ).Y.). ITO-A ca"\1*-PAttd City Clerk. R-acknowledge Western Va Workforce Development-FY2013 fimding.2-17-2015 2 °' '` � "" CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 17, 2015 Subject: Reallocation of Funding for Western Virginia Workforce Development Board Workforce Investment Act (WIA) Programs Background/Considerations: On December 16, 2013, City Council recognized WIA funding in the amount of $1 ,487,685 for Program Year 2013 (PY 2013). This funding is administered by the fiscal agent, the Western Virginia Workforce Development Board (WVWDB). WIA funding is provided for four primary client populations: • Dislocated workers who have been laid off from employment through no fault of their own. Services provided to these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training, and supportive services. • Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor. Services provided to these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training, and supportive services. • Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults. Services provided to these individuals include career counseling and exploration, incentives to remain in school, work readiness classes, summer work program, mentoring, tutoring, and post secondary education/training. • Businesses in need of employment and job training services. The original allocation provided $476,735 for Adult programs, $511 ,136 for Dislocated Worker programs and $499,814 for Youth programs. Subsequently, the WVWDB requested authorization from the Virginia Community College System (VCCS), the program resources administrator, to reallocate $50,000 of the Dislocated Worker program funding to the Adult program in order to serve 14 additional adult participants. The reallocation was approved by VCCS (see attached Notice of Obligation). The City, as grant recipient, must recognize the transfer of funding from the Dislocated Worker program to the Adult program. Recommended Action: Recognize the Western Virginia Workforce Development Board PY2013 WIA funds transfer of $50,000, from the Dislocated Worker funding allocation to the Adult funding allocation, for award period July 1 , 2013 to June 30, 2015. ristopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services 2 VIRGINIA COMMUNITY COLLEGE SYSTEM James Monroe Building 101 North Fourteenth Street Richmond,Virginia 23219 WORKFORCE INVESTMENT ACT TRANSFER AUTHORIZATION To: City of Roanoke NOO No.: LWA 3.13-01T Program Code: 1300 Previous Revised Authorized Transfer Transfer CFDA Fund Tvoe Funding Authorization,* Authorization* 17.258 Adult Programs S 476,735 S 0 S 50,000.00 17.259 Youth Programs S 499,814 • 17.278 Dislocated Worker Programs S 511,136 S S (50,000.00) Total All Programs S 1,487,685 S 0 S 0 'Note: This authorization does not result in the actual transfer of funds from the original funding stream. It authorizes WIA Adult activities to be funded by MA Dislocated Worker . Eighty percent of the funds must be obligated by June 30,2014. Approved by: �" Date: � ,4 ✓r` Creorge mardtsas,Resource Administrator ' Worrkforce Administration&Resources /' (804)819-5387 cc:Western Virginia Workforce Development Board rE:• 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)8534145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: dcrk(n�roannkevn.gav City Clerk JONATHAN E.CRAhT,CMC Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 18, 2015 Steven A. Campbell, PE, President Mattern & Craig, Inc. 701 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. Campbell: I am enclosing copy of Resolution No. 40171-021715 authorizing the City Manager's execution of additional Amendments to the City's contract with Mattern & Craig, Inc., in an amount up to $140,500.00 for additional professional engineering services for deck condition assessment and bridge design services for Orange Avenue over Tinker Creek Bridge Rehabilitation project; and authorizing the City Manager to implement, administer and enforce such Amendments. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, February 17, 2015. Sincerely, ktigss4i.M. Stephanie M. Moon Re nolds, C City Clerk pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 2015. No. 40171-021715. A RESOLUTION authorizing the City Manager's execution of additional Amendments to the City's contract with Mattern & Craig, Inc. in an amount up to $140,500 for additional professional engineering services for deck condition assessment and bridge design services for Orange Avenue over Tinker Creek Bridge Rehabilitation project (Project); and authorizing the City Manager to implement, administer, and enforce such Amendments. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute such additional Amendments as may be necessary to the City's contract with Mattern & Craig, Inc., in the aggregate amount not to exceed $140,500, for additional professional engineering services for the Project, all as more fully set forth in the City Council Agenda Report dated February 17, 2015. 2. Such Amendments shall be approved as to form by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the Contract, and the total amount of such Amendments will not exceed an additional $140,500, including an initial Amendment for the additional professional engineering services in an amount of$125,500, all as set forth in the above Report. 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned contract with Mattern & Craig, 1 R-Amendment to Mattern&Craig Contract 2.17.2015 Inc., as well as the contract itself, with any such documents to be approved as to form by the City Attorney. ATTEST: a`Pre . ( 4 City Clerk. 2 R-Amendment to Maltern&Craig Contract 2.17 2015 e4 CITY COUNCIL AGENDA REPORT i To: Honorable Mayor and Members of City Council Meeting: February 17, 201 5 Subject: Authorization to Amend Contract with Mattern & Craig, Inc. for Transportation Structures Inspection Program 2014-2018 Background: The City of Roanoke has approximately 115 bridges, culverts, and tunnels and 15 overhead signs that require periodic professional engineering inspections and reporting in accordance with all applicable federal, state, and City guidelines to determine the current structural and safety status of such items and if repair or replacement is required for any such items. The City entered into a contract with Mattern & Craig, Inc. dated July 8, 2014, to provide engineering services for proper inspections and reports to the City on 39 of the bridge structures, as well as other related services. The original contract is for a one-year period with the option of being extended for up to four additional one- year periods. The fee for the initial phase was $111 ,030.16. Three amendments have been executed for additional inspection related services. The total contract amount to date is $124,200.36. Considerations: The City desires to exercise its option to have Mattern & Craig, Inc. provide additional services as permitted under the contract to include deck condition assessment and bridge design services of the Orange Avenue Bridge over Tinker Creek structure. Mattern & Craig, Inc. has submitted a proposal in the amount of $125,500 for this work, which is acceptable to City staff. City Council approval is required to amend the contract to provide the additional services. In addition to the above fee, other project expenses connected with the project may involve encountering unexpected conditions that may necessitate Mattern & Craig, Inc. providing services over and above those stipulated above. Therefore, future amendments may be needed to the contract with Mattern & Craig, Inc. to perform additional services as the project develops. The total of such other amendments is not expected to exceed an additional $15,000 over and above the previously mentioned $125,500, for total contract amendments not to exceed $140,500. Funding for Amendment No. 4 is available in account 08-530-9561 , Orange Avenue over Tinker Creek Bridge Rehabilitation. Recommended Action: Authorize the City Manager to execute additional amendments as mentioned above, approved as to form by the City Attorney, to the City's contract with Mattern & Craig, Inc. in an amount not to exceed $140,500 for additional professional services, including an amendment for $125,500 as set forth above. Authorize the City Manager to take such actions and to execute such documents as approved as to form by the City Attorney, as may be necessary to provide for the implementation, administration, and enforcement of all such amendments to the above mentioned contract with Mattern & Craig, Inc., as well as the contract itself. 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 2 ;;40-elt 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: elerkQ?roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 19, 2015 Ellis L. Gutshall President and Chief Executive Officer Valley Bank 36 Church Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Gutshall: I am enclosing copy of Ordinance No. 40172-021715 authorizing the proper City officials to waive the failure of Ivy View, LLC to timely submit its application for a grant for the grant year ended June 30, 2014, effective February 17, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 17, 2015; and is in full force and effect upon its passage. Sincerely, . h 0x41 Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Charles Hunter, Chairman, Economic Development Authority of the City of Roanoke, do Mid-Atlantic Securities, Inc., P. O. Box 18087, 2217 Crystal Spring Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Wayne Bowers, Economic Development Director Daniel J. Callaghan, City Attorney Np IN TI II', COl INC II. OI' 'fl IN ('fl'Y OF ROANOKE, VIRGINIA The 17th day of February, 2015. No. 40172-021715. AN ORDINANCE authorizing the proper City officials to waive the failure of Ivy View, LLC ("Ivy View' ) to timely submit its application for a grant for the grant year ended June 30, 2014; providing for an effective date; and dispensing with the second reading of this Ordinance by title. WHEREAS, pursuant to Ordinance No. 39408-060412, adopted June 4, 2012, the City of Roanoke, Virginia (the "City"), the Economic Development Authority of the City of Roanoke, Virginia ("EDA"), and Ivy View entered into a Performance Agreement dated July 1, 2012, (the "Performance Agreement") under which Performance Agreement Ivy View undertook certain obligations in connection with the continued development and redevelopment of certain properties located at the northwest corner of Franklin Road, S.W., and Wonju Street, S.W. (the "Project"). WHEREAS, pursuant to Ordinance No.3 9860-02 1 8 1 4, adopted February 18, 2014, the City, EDA, and Ivy View entered into Amendment No. 1 to the Performance Agreement to allow for changes in the development of the Project: WHEREAS, pursuant to the terms of the Performance Agreement, as amended by Amendment No. 1, EDA agreed to provide Ivy View with up to ten (10) economic development grants to assist Ivy View with the annual expenses associated with the continued development and redevelopment of the Project; WHEREAS, Ivy View agreed to submit grant applications to the City and EDA during the period of September 1 to December I following the end of the prior grant year; K.\Measures\approving ivy view ext to file grant app 2 17 IS.docx 2/10/15 WITI;R11AS, Ivy View failed to submit its grant application for the grant year that ended on June 30, 2014, until January 22, 2015, and the Performance Agreement provides Ivy View with no opportunity to cure the failure to submit a grant application by December 1 following a grant year; WHEREAS, City staff has recommended to City Council in the City Council Agenda Report dated February 17, 2015, that City Council authorize the City Manager to waive Ivy View's failure to timely submit the grant application for this time only; and WI IEREAS, approval and authorization of the waiver is subject to approval of FDA. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the request to waive Ivy View's failure to timely submit its grant application for the grant year ended June 30, 2014, as described in the City Council Agenda Report dated February 17, 2015, as being in the best interests of the City and its citizens. City Council further finds that waiver of the late filing of the grant application by Ivy View, will promote economic development within the City and the Roanoke Valley and will be of economic benefit to the City and its citizens. 2. The City Manager is authorized to waive the condition set forth in the Performance Agreement, as amended by Amendment No. 1, that the grant application for the grant year ended June 30, 2014, be submitted by December 1, 2014, provided such waiver is expressly applicable only to the 2014 grant application, EDA approves the waiver, and the waiver is in a form approved by the City Attorney. The City Manager is authorized to process the grant application received by the City on January 22, 2015, as described in the City Council Agenda Report dated February 17, 2015. K:\Measures\approving ivy view ext to rile grant app 2 17 15.docx 2/11/15 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the waiver authorized herein. 4. This Ordinance is effective upon the date of its passage. 5. Pursuant to the provisions of §12 of the City Charter, the second reading of this Ordinance, by title, is hereby dispensed with. ATTEST: City Clerk. K:\Measures\approving ivy view ext to file grant app 2 17 15.docx 2/10/15 g aa u� {{ CITY COUNCIL AGENDA REPORT F c,° To: Honorable Mayor and Members of City Council Meeting: February 17, 2015 Subject: Waiver of a Certain Performance Provision Contained in the Performance Agreement with Ivy View, LLC, as Amended Background: City Council authorized the execution of a Performance Agreement (Agreement), dated July 1 , 2012, between the City of Roanoke, the Economic Development Authority of the City of Roanoke (EDA), and Ivy View, LLC, related to the continued development of the commercial site located at the corner of Franklin Road, S.W. and Wonju Street, S.W., commonly known as Ivy Market. On February 1 8, 2014, Amendment No. 1 to that Agreement was authorized by City Council upon adoption of Ordinance No. 39860-021814 and subsequently approved by the EDA. Amendment No. 1 to the Agreement restructured certain terms and conditions related to the performance of Ivy View, LLC, including the proposal to establish a non-retail use (specifically an ambulatory specialty clinic to be owned and operated by Carilion Clinic) to be placed in the vacant former Ukrops grocery store space; to amend the development completion benchmarks related to the overall project; and to modify the scope of annual economic development grants by placing a monetary cap on future grant payments and reducing the overall maximum aggregate grant amount over the ten year grant period. All other provisions of the Agreement remain in full force and effect, including a provision requiring that annual grant requests from Ivy View, LLC, be received by the City and EDA between September 1 and December 1 of any year for grant requests from the previous grant year. The Agreement further stipulates that if a grant request is not received during that specified period, no grant will be considered or given for that particular grant year, and there shall be no carryover of that grant year to a future grant year. Under the express terms of the Agreement the failure to submit a timely grant request is a material failure of performance for which failure Ivy View is provided no opportunity to cure. Considerations: For the grant year which ended on June 30, 2014, Ivy View, LLC, did not submit its grant request within the Agreement's specified timeframe of September 1st- December 1st. The grant request was received by the City on January 22, 201 5. In its late submission, Ivy View, LLC, indicated that it had inadvertently missed the December 1 , 2014 deadline due to other events involving Valley Bank, the sole member of Ivy View, LLC. Ivy View, LLC, has requested the City and EDA to consider a waiver of that particular filing deadline so as to allow its grant request to be considered for the grant year that ended on June 30, 2014. Only City Council and the EDA Board of Directors can consider such a request as the Agreement does not provide any administrative considerations to address this type of performance failure. City Council and the EDA considered a similar request on the predecessor performance agreement for this project with IMD Investment Group, LLC, in 2008. IMD Investment Group, LLC, did not make its first grant request pursuant to its performance agreement until December 17, 2008, which was after the same December 1St submittal deadline as contained in the Agreement with Ivy View, LLC. By adoption of Ordinance 38285-111708, City Council waived the December 1 " submittal deadline specifically for that first grant request, and the EDA approved the waiver of the deadline as well. The subsequent five (5) grant requests resulting from the performance agreement with IMD Investment Group, LLC, and the successor Agreement with Ivy View, LLC, were otherwise made on a timely basis. A waiver of the grant request submittal deadline as it pertains to the grant for the grant year ending June 30, 2014, if approved by the City Council, would be considered by the EDA at its next meeting to be held on Wednesday, February 18, 2015. Recommended Action: Adopt an ordinance that waives the September 1 , 2014 - December 1 , 2014 submittal deadline for the grant request for the grant year ending June 30, 2014, and for such grant year only, received from Ivy View, LLC on January 22, 201 5 pursuant to the Performance Agreement, dated July 1 , 2012, between the City of Roanoke, Economic Development Authority of the City of Roanoke, Virginia, and Ivy View, LLC, as amended; provided that the Economic Development Authority of the City of Roanoke, Virginia authorizes the waiver of this deadline for the 2014 grant year only; and authorize the City Manager to execute such documents, approved as to form by the City Attorney, including an acknowledgement executed by Ivy View, LLC, that this waiver is limited solely to the 2014 grant year request, and take such other actions as to effectuate this waiver of the grant submittal deadline for the grant year ending June 30, 2014. (-)7P) - Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Economic Development Director Chuck Hunter, Chairman, Economic Development Authority of the City of Roanoke 2 r • • CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC I'%m s ail: clerk roMOkeva.gov JONATHAN E.CRAFT,CMC Cily Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 19, 2015 Dr. Rita D. Bishop, Superintendent Roanoke City Public Schools P. O. Box 13145 Roanoke, Virginia 24031 Dear Dr. Bishop: I am enclosing copy of Budget Ordinance No. 40173-021715 transferring funds between Roanoke City Public Schools capital projects, and amending and reordaining certain sections of the 2014-2015 School Capital Projects Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 17, 2015; and is in full force and effect upon its passage. Attfttame"Sincerely, , ef , Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director, Management and Budget .,,,:ii IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 2015. No. 40173-021715. AN ORDINANCE to transer funding between Roanoke City Public Schools capital projects, amending and reordaining certain sections of the 2014-2015 School 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 School Capital Projects Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Capital Projects Fund Appropriations Lighting Replacement — Phase II 31-066-9537-9355 $ ( 3,858 ) Round Hill Expansion — Phase I 31-066-9537-9367 ( 749,867 ) Round Hill Expansion — Phase II 31-066-9537-9375 901,305 Garden City — Phase II 31-066-9537-9380 ( 139,665 ) Patrick Henry High School 31-066-9537-9381 ( 7,915 ) Appropriated from General Revenue 31-065-6009-9003 206,718 Appropriated from 2002 Bond Funds 31-065-6009-9076 20,997 Appropriated from 2012 QSCB Funds 31-065-6009-9304 81,771 Appropriated from 2015 Bond Funds 31-065-6009-9373 139,665 Appropriated from 2012 QSCB Funds 31-065-6018-9304 ( 79,710 ) Appropriated from 2012 QSCB Funds 31-065-6022-9304 ( 2,061 ) Appropriated from General Revenue 31-065-6035-9003 207,844 Appropriated from 2015 Bond Funds 31-065-6035-9373 3,858 Appropriated from General Revenue 31-065-6036-9003 ( 121,245 ) Appropriated from 2015 Bond Funds 31-065-6037-9373 749,867 Appropriated from General Revenue 31-065-6038-9003 19,910 Appropriated from General Revenue 31-065-6039-9003 15,359 Appropriated from General Revenue 31-065-6040-9003 ( 375 ) Appropriated from 2015 Bond Funds 31-065-6044-9373 ( 901,305 ) Appropriated from General Revenue 31-065-6061-9003 ( 505 ) Appropriated from General Revenue 31-065-6062-9003 ( 2,267 ) Appropriated from General Revenue 31-065-6063-9003 ( 2,869 ) Appropriated from General Revenue 31-065-6066-9003 51,284 Appropriated from 2015 Bond Funds 31-065-6066-9373 $ 7,915 Appropriated from 2015 Bond Funds 31-065-6070-9373 ( 102,276 ) Appropriated from 2002 Bond Funds 31-065-6073-9076 ( 20,997 ) Appropriated from General Revenue 31-065-6089-9003 ( 121,868 ) Appropriated from General Revenue 31-065-6099-9003 ( 50,909 ) Appropriated from General Revenue 31-065-6999-9003 ( 98,801 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ES y,- City Clerk. b 0-94a CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 1 7, 201 5 Subject: Reallocation of Roanoke City Public Schools (RCPS) Capital Projects Funding Background/Considerations: Larger RCPS capital construction projects typically require adjustments in reaction to changing priorities, time constraints and advantageous consolidation. As a result, projects, particularly those that are constructed in phases, may require a redistribution of project components between phases to be more cost effective and efficient. Current examples of this phased approach for RCPS are the Garden City, Lighting replacement and Round Hill projects. Redistribution of work between phases also requires the transfer of any associated funding. In addition to the effective redistribution of project components between phases, RCPS has several completed projects that are slightly over or under budget, the balance of which needs to be reallocated in order for the projects to be closed out. Recommended Action: Adopt the accompanying budget ordinance to effect the transfer of project components funding between phases and to reallocate residual balances from completed RCPS capital projects to existing capital projects. SCI C ` '6 s'ctQ c Earbara A. Dameron Director of Finance Distribution: Council Appointed Officers ' ' CITY OF ROANOKE OFFICE OF THE CITY CLERK I 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(Mronnokevn.gov City Clerk JONATHAN E.CRAFT,CMC Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 19, 2015 Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40174-021715 appropriating funds from the Federal government and the Commonwealth grants for various educational programs, and amending and reordaining certain sections of the 2014-2015 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 17, 2015; and is in full force and effect upon its passage. Sincerely, nniltdir)e) Stephanie M. Moon Reynno`ld\sW�MMC City Clerk Enclosure pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 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 17th day of February, 2015. No. 40174-021715. AN ORDINANCE to appropriate funding from the Federal government and the Commonwealth grants for various educational programs, amending and reordaining certain sections of the 2014-2015 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014-2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers 302- 160-0000- 1304- 101 J-61100-41121 -9-07 $ 9,000 Social Security 302- 160-0000- 1304- 101J-61100-42201 -9-07 688 Materials& Supplies 302- 160-0000- 1304- 101J-61100-46620-9—07 1,643 Teacher Stipends-PH 302- 110-0000-0390-322J-61100-41129-3—10 6,096 Social Security- PH 302- 110-0000-0390- 322J-61100-42201 -3—10 466 VRS-PH 302- 110-0000-0390-322J-61100-42202-3- 10 778 State Life Insurance-PH 302- 110-0000-0390-322J-61100-42205- 3—10 73 Teacher Stipends-WF 302- 110-0000-0400-322J-61100-41129-3— 10 6,096 Social Security-WF 302- 110-0000-0400-322J-61100-42201 -3— 10 466 VRS-WF 302- 110-0000-0400-322J-61100-42202-3— 10 778 State Life Insurance-WF 302- 110-0000-0400-322J-61100-42205-3— 10 73 Teacher Stipends-Forest Park 302- 110-0000- 1304-322J-61100-41129-3— 10 6,096 Social Security- Forest Park 302- 110-0000- 1304-322J-61100-42201 -3— 10 467 VRS- Forest Park 302- 110-0000- 1304-322J-61100-42202- 3— 10 778 State Life Insurance-Forest Park 302 - 110-0000- 1304-322J-61100-42205-3— 10 73 Revenues Federal Grant Receipts 302-000-0000-0000- 101J-00000- 38002-0-00 $ 11,331 State Grant Receipts 302-000-0000-0000-322J -00000-32415-0-00 22,240 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. \*' OgrO CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 17, 2015 Subject: School Board Appropriation Request Background: As the result of official School Board action at its February 10, 201 5 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Adult Basic Education Program 2014-15 grant of $1 1 ,331 provides funds for the education of adults who have not completed high school. This is an increase to the original award allocation. This is a continuing program that will be fully reimbursed by federal funds and will end June 30, 2015. The Project Graduation Academic Year Academy 2014-15 grant of $22,240 provides funds for remedial high school instruction for seniors needing verified credits to graduate and for sophomores and juniors who passed a class but failed the associated SOL exam. This is a continuing program. that will be fully reimbursed by state funds and will end May 1 5, 201 5. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Acting Executive Director of Fiscal Services, RCPS U ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong City. School Board February 17, 2015 Todd A. Putney Chairman Suzanne P. Moore The Honorable David Bowers, Mayor Vice Chairman and Members of Roanoke City Council William B. Hopkins, Jr. Roanoke, VA 24011 Mae G. Huff Annette Lewis Dear Members of Council: Lori E. Vaught Richard Willis As a result of official School Board action on Tuesday, February 10, 2015, the Board respectfully requests that City Council approve the Dr. Rita D. Bishop following appropriation requests: Superintendent Cindy H. Poulton New Appropriation Award Clerk of the Board Project Graduation Academic Year Academy 2014-15 $22,240.00 Revised Appropriation Additional Award Adult Basic Education 2014-15 $11,331.00 On behalf of the School Board, thank you for your consideration. Sincerely, c- -,� , Pte■_, Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron Acquenatta Harris (w/details) Todd A. Putney p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke,VA 24031 www.rcps.info 2015 SESSION HOUSE SUBSTITUTE 15104295D 1 HOUSE BILL NO. 2223 2 AMENDMENT IN THE NATURE OF A SUBSTITUTE 3 (Proposed by the House Committee for Courts of Justice 4 on February 6,2015) 5 (Patron Prior to Substitute—Delegate Morris) 6 A BILL to amend the Code of Virginia by adding a section numbered 2.2-3713.1, relating to the 7 Virginia Freedom of Information Act; willful violations a misdemeanor;penalty. 8 Be it enacted by the General Assembly of Virginia: 9 1. That the Code of Virginia is amended by adding a section numbered 2.2-3713.1 as follows: 10 §2.2-3713.1. Additional penalty for willful and knowing violations. 11 In addition to the provisions of§§ 2.2-3713 and 2.2-3714, any officer, employee, or member of a 12 public body who, without legal excuse or justification, deliberately, willfully, and knowingly violates 13 § 2.2-3704, 2.2-3705.1 through 2.2-3705.8, 2.2-3706, 2.2-3707, 2.2-3708, 2.2-3708.1, 2.2-3710, 14 2.2-3711, or 2.2-3712 is guilty of a Class 1 misdemeanor. 0 r� r tin C rw r H H H 0 H NJ N NJ N W x m.. ...y .yt.. a 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: rlerk(n)roanokeva.gSTEPHANIE City Clerk Deputy Depot E.CRAFT,CMC y City Clerk CECELIA T.WEBB,CMC Assistant City Clerk February 18, 2015 Christopher M. Vail 2155 Mountain View Terrace, S. W. Roanoke, Virginia 24015 Dear Mr. Vail: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 17, 2015, you were appointed to replace Barbara Botkin as a member of the Architectural Review Board for a term ending October 1, 2018. 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. 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." COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE To-wit: 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 seventeenth day of February 2015, CHRISTOPHER M. VAIL was appointed to replace Barbara Botkin as a member of the Architectural Review Board ending October 1, 2018. Given under my hand and the Seal of the City of Roanoke this eighteenth day of February 2015. City Clerk` )` Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christopher M. Vail, 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 to replace Barbara Botkin as a member of the Architectural Review Board ending October 1, 2018, according to the best of my ability. So help me God. CHRISTOPHER M. VAIL The foregoing oath of office was taken, sworn to, and subscribed before me by Christopher M. Vail this day of 2015. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk ,-5:41114 CITY OF ROANOKE 1 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 City Clerk JONATIIAN E.CRAFT,CMC Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk February 18, 2015 Erin Hensley 1834 Belleville Road, S. W. Roanoke, Virginia 24015 Dear Ms. Hensley: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 17, 2015, you were appointed as an At-Large City representative of the Blue Ridge Behavioral Healthcare Board of Directors to fill the unexpired term of Max E. Davis ending December 31, 2016. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by a Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. 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." Erin Hensley February 18, 2015 Page 2 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 an At-Large City representative of the Blue Ridge Behavioral Healthcare Board of Directors. Sincerely, Artati An.A.Thei Yvilom (\istit-401-i Stephanie M. Moon, AMC City Clerk Enclosures pc: Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W., Roanoke, Virginia 24016, w/application 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 seventeenth day of February 2015, ERIN HENSLEY was appointed as an At-Large City representative of the Blue Ridge Behavioral Healthcare Board of Directors to fill the unexpired term of Max E. Davis ending December 31, 2016. Given under my hand and the Seal of the City of Roanoke this eighteenth day of February 2015. Ar III-"m"° . City Clerkbet CtrAlkr Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Erin Hensley, 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 an At-Large City representative of the Blue Ridge Behavioral Healthcare Board of Directors to fill the unexpired term of Max E. Davis ending December 31, 2016, according to the best of my ability. So help me God. ERIN HENSLEY The foregoing oath of office was taken, sworn to, and subscribed before me by Erin Hensley this day of 2015. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk CITY OF ROANOKE ) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC 1'}mail: clerkOProanokeva.gov City Clerk JONATHAN E.ty Cler ,CMC Deputy City Clerk February 18, 2015 CECELIA T.WEBB,CMC Assistant City Clerk Karri B. Atwood 2326 Richelieu Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Atwood: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 17, 2015, you were appointed as a member of the City Planning Commission to fill the unexpired term of Mark Futrell ending December 31, 2016. 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. 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 City Planning Commission. Si cerely, Stephanie M. Moo Reyno d , MMC City Clerk Enclosures pc: Tina Carr, Secretary, City Planning Commission, w/application COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventeenth day of February 2015, KARRI B. ATWOOD was appointed as a member of the City Planning Commission to fill the unexpired term of Mark Futrell ending December 31, 2016. Given under my hand and the Seal of the City of Roanoke this eighteenth day of February 2015. nut)-Mtni 61M RI-a) City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Karri B. Atwood, 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 to fill the unexpired term of Mark Futrell ending December 31, 2016, according to the best of my ability. So help me God. KARRI B. ATWOOD The foregoing oath of office was taken, sworn to, and subscribed before me by Karri B. Atwood this day of 2015. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk 0;i4„, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 18, 2015 Ricky Mitchell 436 Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Mitchell: Discussion of the matter regarding your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness to allow the installation of replacement windows at 436 Walnut Avenue, S. W., which is not consistent with the H-2 Guidelines, was continued until the regular meeting of Roanoke City Council scheduled to be held on Monday, March 16, 2015 at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, AiLti„„A,,,att her Stephanie M. Moon Reynolds, MMC City Clerk pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board