HomeMy WebLinkAboutCouncil Actions 08-17-15BESTPITCH
40315 - 081715
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 17, 2015
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order - -Roll Call. Vice- MayorTrinkle was absent.
The Invocation was delivered by The Reverend M. Sylvia Ball, Pastor,
Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States ofAmericawas led
by Mayor David A. Bowers.
Welcome, Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, August 20 at 7:00 p.m., and Saturday, August 22 at 4:00 p.m.; and video
streamed by internet through Rev.Net Technologies, Inc., at hftp: / /www.wrev.net.
Council meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION.
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 MONDAY COUNCIL
MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE
TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL
MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE
NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC
HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE
ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED
THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL -
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY
CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S
HOMEPAGE TO COMPLETE AN ONLINE APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT VACANCIES AND /OR UPCOMING EXPIRATIONS
OF TERMS OF OFFICE:
ARCHITECTURAL REVIEW BOARD - ONE VACANCY
FOUR -YEAR TERM OF OFFICE ENDING OCTOBER 1, 2019
BUILDING AND FIRE CODE OF APPEALS /AT -LARGE - TWO VACANCIES
UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2016
THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2018
ECONOMIC DEVELOPMENT AUTHORITY — ONE VACANCY
FOUR -YEAR TERM OF OFFICE ENDING OCTOBER 20, 2019
PARKS AND RECREATION ADVISORY BOARD
UNEXPIRED TERM OF OFFICE ENDING MARCH 31, 2016
TOWING ADVISORY BOARD — THREE VACANCIES
THREE -YEAR TERMS OF OFFICE ENDING OCTOBER 31, 2018
THE CITY OF ROANOKE ALSO IS ACCEPTING NOMINATIONS FOR THE 2015
CITIZEN OF THE YEAR. TO OBTAIN A NOMINATION FORM, CONTACT THE
CITY CLERK'S OFFICE AT (540) 853 -2541 OR ACCESS THE FORM AT EACH
CITY LIBRARY BRANCH. DEADLINE FOR RECEIPT OF NOMINATIONS IS
WEDNESDAY, SEPTEMBER 30, 2015.
THE ANNUAL STATE OF THE CITY ADDRESS WILL BE HELD ON THURSDAY,
SEPTEMBER 3 AT 7:30 A.M., AT THE TAUBMAN MUSEUM OF ART, 110
SALEM AVENUE, S. E.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Presentation of the 2014 Government Finance Officers Association Certificates of
Achievement for Excellence in Financial Reporting forthe City's and Pension Plan
Comprehensive Annual Financial Report to the Department of Finance.
The Mayor presented certificates to the Director of Finance and recognized
staff.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY
DEEM APPROPRIATE.
Bernadette Brown and Robert Gravely appeared before the Council.
4, CONSENT AGENDA:
(APPROVED 6 -0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF
THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. The Mayor
called attention to C -6, an additional request for Closed Meeting from the City
Attorney for consultation with legal counsel pertaining to actual litigation.
C -1 Minutes of the regular meeting of Council held on Monday, February 2, 2015
and Tuesday, February 17, 2015.
RECOMMENDED ACTION: Dispensed with the reading of the minutes and
approved as recorded.
C -2 A communication from the City Manager requesting thatthe Council convene
in a Closed Meeting to discuss the disposition of City -owned property located in the
Coyner Springs area of Botetourt County, bearing Parcel ID Nos. 108(9)1B and
108(9)1A, where discussion in an open meeting would adversely affect the
bargaining or negotiating strategy of the public body, pursuant to Section 2.2 -3711
(A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -3 A communication from the City Manager requesting thatthe Council convene
in a Closed Meeting to discuss the disposition of City -owned property located at
502 19" Street, S. E., where discussion in an open meeting would adversely affect
the bargaining or negotiating strategy of the public body, pursuant to Section 2.2-
3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -4 A communication from the City Clerk advising of vacancies created by the
unexcused absences of LaJuan Thomas and Victoria M. Cox on the Human
Services Advisory Board for terms of office ending November 30, 2016 and
November 30, 2018, respectively.
RECOMMENDED ACTION: Received and filed.
C -5 Annual report of the City of Roanoke Finance Board (OPEB) for Fiscal Year
ending June 30, 2015.
RECOMMENDED ACTION: Concurred in the request.
C -6 Annual report of the Defined Contribution Board for Fiscal Year ending
June 30, 2015.
RECOMMENDED ACTION: Concurred in the request.
C -7 Reports of qualification of the following individuals:
Barbara A. Dameron as the Director of Finance of the City of
Roanoke, effective July 1, 2015;
Judy W. Jackson as a member of the Roanoke Civic Center
Commission for a three -year term of office ending September 30,
2018; and
Kenai Hunt (Student/Alternate), Ashleigh Lowery (Student), Malik
Morris (Student), and Quentin Long (Student/Alternate) for one -year
terms of office, each, commencing July 1, 2015 and ending June 30,
2016, as members of the Youth Services Citizen Board.
RECOMMENDED ACTION: Received and filed.
C -8 A communication from the City Attorney requesting that Council
convene in a Closed Meeting for consultation with legal counsel pertaining to
actual litigation, where discussion in an open meeting would adversely affect
the negotiating or litigating posture of the public body, pursuant to Section
2.2- 3711(A)(7), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. A communication from the Commonwealth's Attorney recommending
acceptance of the Victim/Witness Program Grant; and a communication from
the City Manager concurring in the recommendation.
Adopted Resolution No. 40315. 081715 and Budget Ordinance No.
40316- 081715 (6 -0).
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the Fiscal Year 2016 Urban and Community Forestry
Grant from the Virginia Department of Forestry; and execution of a
Memorandum of Agreement.
Adopted Resolution No. 40317-081715 and Budget Ordinance No.
40318 - 081715(6 -0).
2. Approval of the Public Art Action Plan for Fiscal Year 2016.
Adopted Resolution No. 40319 - 081715 (6.0).
3. Acquisition of real property rights for Gatewood Avenue /McVitty
Road, S. W., Stormwater Drainage Improvement Project.
Adopted Ordinance No. 40320. 081715(6 -0).
4. Authorization to acquire various real property rights in connection with
the King Street, N. E., Improvement Project.
Adopted Ordinance No. 40321-081715 (6-0).
COMMENTS OF CITY MANAGER.
The City Manager shared the following comments:
The Roanoke Valley Alleghany Regional Summit on Housing and
Resources
• Wednesday, August 12, from 8:30 a.m. to 3:30 p.m. at the Salem Civic
Center.
• Sponsored by the Cities of Roanoke and Salem, Roanoke County, Trust,
VHDA and Bowman Systems.
• The Summit brought together more than 130 participants representing
local governments, public housing authorities, businesses and service
providers.
• Localities that participated included the Cities of Roanoke, Salem and
Covington and the Counties of Roanoke, Alleghany. Participants also
attended from Harrisonburg, Lynchburg, Charlottesville,
Richmond and the New6 River Valley.
• Speakers:
• Mark Horvath, nationally recognized marketing consultant and
founder of Invisible People, laid the foundation for the day by
discussing the importance of the work we do to end homelessness.
• Alan Thornton, CEO of the Rescue Mission Alliance, Syracuse,
New York addressed the alignment of Continuum of Care and
Rescue Missions across the nation.
• The Summit provided a great platform to collaborate, network and share
ideas to improve and create housing choices for low income individuals and
those experiencing homelessness in both urban and rural communities.
• The event also included a panel, whose members presented in the areas of
public housing authorities, the Governor's Coordinating Council, and the
Richmond Field Office of Housing and Urban Development.
• Next Steps: The Interagency Council leadership will meet to discuss
additional means to keep the momentum. We realize that communication is
a key strategy to ensuring that the community at large is aware of initiatives
towards ending homelessness. Our goal is to continue to emphasize our
aim:
Telephone Survey
• The Virginia Tech Center for Survey Research will conduct a telephone
survey of citizens in the City of Roanoke beginning this week and continuing
over the next several weeks.
• The survey will include telephone interviews with approximately 600 adult
residents of the city, and it is anticipated that results will be compiled by late
fall. It will focus primarily on satisfaction with the quality of services and
customer service in general. This survey will also ask citizens to rate the
importance of various services.
• The survey is being coordinated by the Department of Management and
Budget.
• The last citizen survey was conducted in 2013.
Delivery of Single Stream Recycling Carts
• The distribution of the 96- gallon Hawaii Blue single stream recycling carts
will begin this week.
• Solid Waste Management employees will be working with our cart
manufacturer, Toter, to distribute these carts to some 40,000 homes, over
the next six weeks.
• The plan calls for deliveries to take place Monday through Saturday, 8:00
a.m. to 5:00 p.m., beginning in the southwest quadrant, followed by
southeast, northeast, and northwest.
b. CITY ATTORNEY:
Authorization to execute a Fiscal Agent Agreement, by and among
Workforce Investment Area III Chief Local Elected Officials
Consortium, Western Virginia Workforce Development Board, Inc.,
City of Roanoke, Virginia, and Roanoke Valley - Alleghany Regional
Commission.
Adopted Resolution No. 40322-081715 (6-0).
2. Amendment of the City Code to establish the interest rate charged for
all years of delinquent taxes at ten percent in order to be consistent
with applicable provisions of the Virginia State Cade.
Adopted Ordinance No. 40323-081715 (6-0).
3. Authorization to execute a Non - exclusive, Revocable, License
Agreement with the Roanoke Valley Broadband Authority forthe use
of certain parcels of City -owned property for construction, installation,
and maintenance of a fiber optic communications network for
enhanced broadband internet service.
Adopted Ordinance No. 40324-081715 (6-0).
DIRECTOR OF FINANCE:
1. Annual reports of the City of Roanoke Pension Plan, Board of
Trustees; and the City of Roanoke Pension Investment Committeefor
Fiscal Year ending June 30, 2015.
Received and filed.
2. Revisions of the City Code as to expand the required disclosures to
Council relating to any alteration or change to the Pension Plan that
impact actuarial accrued liability.
Adopted Ordinance No. 40325. 081715(6 -0).
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds for various educational programs; and a report of the Director of
Finance recommending that Council concur in the request. Donna
Caldwell, Director of Accounting, Spokesperson
Adopted Budget Ordinance No. 40326 - 081715 (6 -0).
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution reappointing Braxton G. Naff as a Director of the Economic
Development Authority of the City of Roanoke for a four -year term of office
ending October 20, 2019.
Adopted Resolution No. 40327- 081715 (6 -0).
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
In connection with the Status Report: Affirmative Action and Diversity
Update for Calendar Year 2014 dated August 12, 2015, Council Member
Lea inquired if the report was available for public inspection;
whereupon, the Assistant City Manager for Operations advised that the
report would be available online on the City's webpage at
www.roanokeva.qov, by Tuesday, August 18, 2015.
Concerns were expressed about the safety of the Roanoke River
Greenway.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
12. RECESS - 3:15 P.M.
THE COUNCIL MEETING WAS RECESSED UNTIL 7:00 P.M., IN THE CITY
COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING.
61
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 17, 2015
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order - -Roll Call. All present.
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.
CERTIFICATION OF CLOSED MEETING. (6 -0).
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, August 20 at 7:00 p.m., and Saturday, August 22 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.
to
A. PUBLIC HEARINGS:
Request of Rockydale Quarries Corporation to permanently vacate,
discontinue and close Old Rocky Mount Road, S. W., from its intersection
with Welcome Valley Road, S. W., traveling south an approximate 1,126 feet
to its terminus. J. Kenneth Randolph, President, Rockydale Quarries,
Spokesperson.
Adopted Ordinance No. 40328-081715 (7-0).
2. Proposal of the City of Roanoke to vacate an existing access easement to
the Roanoke River held by the City across private property situated at 20
Old Woods Avenue, S. E., at the request of Roanoke River
Investments, LLC, in connection with The Bridges Development Project.
Christopher P. Morrill, City Manager.
Adopted Ordinance No. 40329- 081715 (6 -1, with Mayor Bowers voting
no).
B. 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.
Muhandes Salaamallah appeared before the Council.
C. RECESS - 7:29 P.M.
THE COUNCIL MEETING WAS RECESSED FOR A CLOSED MEETING IN
COUNCIL'S CONFERENCE ROOM, ROOM 451, FOURTH FLOOR, NOEL C.
TAYLOR MUNICIPAL BUILDING.
CERTIFICATION OF CLOSED MEETING. (7 -0).
D. ADJOURNED - 7:54 P.M.
II
I CITY OF ROANOKE
CITY COUNCIL
1 s Church Avenue, S. W'.
x;. Noel C l aylor Municipal Building. Sole 456
Roanoke, Virginia 24011 -1536
T I phone: (540) 853 -2541
DAVIDA. BOWERS Fax (540) 853 -1145
Mayor
August 17, 2015
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
William D. Bestpimh
Raphael E. "Ray" Ferris
Sherman P. Lca
Anita J. Price
Court G. kosen
David B.7tinkle
This is to advise you that I will not be present at the 2:00 p.m. session of Council on
Monday, August 17, 2015. Best wishes for a successful meeting.
S cerel
David B. Trinkle
Vice -Mayor
DBT /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
STEPHANIE M. MOON REYNOLDS, MMC E. -mall: 0- 1,(n raanokeva.g °v TIC EWA T. WEBB, CN[C
CH, Clerk Acting Depn4' Ciry Clerk
August 19, 2015
Reverend M. Sylvia Ball.
Sweet Union Baptist Church
521 Madison Avenue, N. W.
Roanoke, Virginia 24016
Dear Reverend Ball:
On behalf of the Mayor and Members of the Roanoke City Council, I would like to
express sincere appreciation to you for delivering the Invocation at the regular meeting
of the Roanoke City Council, which was held on Monday, August 17, 2015.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
Sincerely,
S ephanie M Moon Re Ids, M
City Clerk
SMR:aa
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of City -owned property located in the Coyner Springs area of
Botetourt County, bearing Parcel ID Nos. 108(9)18 and 108(9)1A, where
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to §2.2- 3711.A.3, Code of
Virginia (1950), as amended.
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community
Development
Wayne Bowers, Director, Economic Development
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of a portion of City -owned property located at 502 19" Street, S.E.,
bearing Official Tax Map No. 4310101, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the
public body, pursuant to §2.2- 3711.A.3, Code of Virginia (1950), as amended.
Christophe P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community
Development
Wayne Bowers, Director, Economic Development
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
raa: (540)853 -1145
STEPHAN I E N1. MOON REYNOLDS, MMC E-mail: clerk@`roannkrra.gov
City Clerk
August 17, 2015
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
CECELIA T. WEBB, CMC
Acting Deputy City Clerk
This is to advise of vacancies created by the unexcused absences of LaJuan Thomas
and Victoria M. Cox on the Human Services Advisory Board, for terms of office ending
November 30, 2016 and November 30, 2018, respectively.
Sincerely,
Stephanie M. Moon Reyn Ids, MMC
City Clerk
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 465
Roanoke, Virginia 24011 -1220
Tcl licit, (540)853 -2821
Fax_ (540) 853 -6142
BARBARA A. DANIERON
Director of Finance
August 17, 2015
Honorable Mayor and Members of City Council
Roanoke, VA
Dear Mayor Bowers and Members of City Council:
ANDREA F. TRENT
Assistant Davotorof Financc
Attached for your review is a summary of the Finance Board's activities for the
time period July 1, 2014 through June 30, 2015. The written minutes of each
meeting are located in the City of Roanoke Retirement Office.
Sincerely, % /
�C� LC �G�yrt2P�/
BaA. Dameron
Chairperson
Attachment
c: Stephanie M. Moon, City Clerk
Board of Trustees, City of Roanoke Pension Plan
Annual Report of the Finance Board
For Fiscal Year ending June 30, 2015
The Finance Board, created by ordinance No. 38117- 060208, adopted June 2, 2008, serves as trustee of funds
designated by the City to be held, accumulated and invested by the Board for the purposes of funding Other
Post - Employment Benefits (OPEB). The following meetings were held for the fiscal year ending June 30, 2015:
I, August 27, 2014
2, January 12, 2015
3. March 10, 2015
4. June 8, 2015
committee Member
Meetings Attended
4
3
2
1
Barbara Oameron
v
v
v
v
Evelyn Powers
v
v
v
v
Brian Redd
v
v
v
v
August 27, 2014 Meeting
The VML /VACo June 30, 2014 Quarterly and Year -end Report for the Pooled Trust Fund was reviewed with
commentary on the fiscal year's return of 12.8 %.
Staff reported FY14 contributions were contributed prior to fiscal year end and are reflected in the year end
market value.
January 12, 2015 Meeting
The VML /VACo September 30, 2014 Quarterly Report for the Pooled Trust Fund was reviewed with
commentary on the quarter of -1 .6 %.
Staff reported on the completed Other Post - Employment Benefits (OPEB) and Line of Duty Act (LODA) valuation
reports. They reviewed . the reports and approved the FYI funding of the actuarial required contribution
totaling 5524.7K.
March 10, 2015 Meeting
The VML /VACo December 31, 2014 Quarterly Report for the Pooled Trust Fund was reviewed with commentary
on the quarter of 1 .58 %.
Staff confirmed the funding of the contribution into the trust and noted those dollars will be reflected in the
next trust accounting report provided by Comerica.
June 8, 2015 Meeting
The VML /VACo March 31 , 2014 Quarterly Report for the Pooled Trust Fund was reviewed with commentary on
the quarter return of 1 .77 %.
Staff reported on the recently released news release from the Government Accounting Standards Board (GASB)
communicating the approved reporting standards impacting OPEB. These standards are similar in nature to
those imposed on the pension plan.
The minutes of each meeting of the Finance Board have been filed with the Director of Finance upon approval.
All Board minutes and related reports are available upon request.
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 465
Roanoke, Virginia 24011 -1220
Tol yhone: (540) x53 -2821
Fax (540) 853 6142
BARBARA A. DAMERON
Duccor M finance
August 17, 2015
ANDREA F. TRENT
Assistant Director of Finance
Honorable Mayor and Members of City Council
Roanoke, VA
Dear Mayor Bowers and Members of City Council:
Attached for your review is a summary of the Defined Contribution (DC) Board's
activities for the time period July 1, 2014 through June 30, 2015. The written
minutes of each meeting are located in the City of Roanoke Retirement Office.
Sincerely,
1 M,W N,
"
Sherman M.
Stovall
Chairman
Attachment
Stephanie M. Moon, City Clerk
Board of Trustees, City of Roanoke Pension Plan
Annual Report
City of Roanoke Pension Plan Defined Contribution Board
Fiscal Year Ended June 30, 2015
The Pension Plan Defined Contribution Board established pursuant to City Code Chapter 22.3, as
amended, serves as the trustee and administrator of the defined contribution plan component of the
Hybrid Program sponsored by the City. In addition, the Board serves as trustee and administrator of the
City's internal Revenue Code Section 457 Deferred Compensation Plan and, by authority delegated by
the City of Roanoke Pension Plan Board of Trustees, the City's Internal Revenue Code Section 401(h)
Retirement Health Savings Account.
The City is currently under contract with CAPTRUST Financial Advisors, a defined benefit consultant,
who provides consultative investment and administrative guidance to the Board. Ms. Beryl Ball
represents CAPTRUST. CAPTRUST is an acknowledged fiduciary.
The City is currently under contract with ICMA Retirement Corporation (ICMA -RC), who serves as the
administrative record - keeper and the investment provider for the defined contribution plan, the Internal
Revenue Code Section 457 Deferred Compensation Plan, and the Internal Revenue Code 401(h)
Retirement Health Savings Account, included as a component of the Pension Plan.
The following meetings were held for the fiscal year ending June 30, 2015:
1. August 12, 2014
2. November 18, 2014
3. February 23, 2015
4. May 12, 2015
Representation
Committee Member
Meetings Attended
4
3
2
1
i, Director of Finance
Barbara Dameron
V
V
V
V
io, City Manager
Christopher Morrill
V
y
0"co
nager Designee
Sherman Stovall
V
r of Finance Design ee
Andrea Trent
y
y
y
y
Ex- officio, Director of Human Resources
Michele vineyard
V
V
August 12, 2014 Meeting
The Board was provided a quarterly investment update. The Board reviewed employee participation and
fund utilization of the 457 and 401(h) plans for the quarter ended June 30, 2014.
The Board was provided an overview and scoring matrix of the investment funds approved for the 457
and 401(h) plans. Information was provided on the total assets held in each of the respective plans.
The Board reviewed information on two investment funds identified for evaluation due to performance
or changes in the portfolio management team.
November 18, 2014 Meeting
The Board was provided a quarterly investment update. The Board reviewed employee participation and
fund utilization of the 457 and 401(h) plans for the quarter ended September 30, 2014,
The Board was provided an overview and scoring matrix of the investment funds approved for the 457
and 401(h) plans. Information was provided on the total assets held in each of the respective plans.
Annual Report - City of Roanoke Pension Plan Defined Contribution Board
Page 2
The Board carefully and thoroughly reviewed information on fund under consideration for replacement,
as well as recommended replacement funds. The Board approved the replacement of the fund under
consideration with the one of the recommended replacement funds.
The Board was presented and reviewed information on another fund, which is under evaluation due to
changes in firm leadership.
February 23, 2015 Meeting
The Board was provided a quarterly investment update. The Board reviewed employee participation and
fund utilization of the 457 and 401(h) plans for the quarter ended December 31 , 2014.
The Board was provided an update on the fund under evaluation at the November 18 meeting. Given
recent changes in the management and poor relative performance in comparison to their peer group in
recent years, CAPTRUST recommended consideration of replacement of this fund. Following a thorough
review of the two alternative replacement funds, the Board approved the replacement of the fund with
one of the recommended alternatives. CAPTRUST will coordinate the fund replacement with ICMA -RC.
Information on one of the funds offered in the 401(h) Retirement Health Savings Account was reviewed
with Board. CAPTRUST recommended the continued evaluation of this fund.
The Board discussed employer matching contributions in the 457 plan, noting a matching contribution
had been discontinued in previous years due to budgetary demands. The discussion was to be
continued internally.
May 12, 2015 Meeting
The Board reviewed employee participation and fund utilization of the 457 and 401(h) plans for the
quarter ended March 31, 2015. The Board was provided a quarterly investment update.
The Board was provided an update on the replacement of the fund approved at the February 23, 2015
meeting. The replacement is scheduled for May 15, 2015. The Board was also provided an update on
the replacement process of a fund in the 401(h) Retirement Health Savings Account, originally approved
at the November 18, 2014 meeting. It was noted this replacement is still in process in this account.
The Board was provided an update on the fund, offered in the 401(h) Retirement Health Savings
Account, noted as marked for continued evaluation at the February 23 meeting. While the fund's
investment performance improved in 2012 and 2013, performance in 2014 has declined relative to their
peer group. As a result of the fund's inconsistent performance, CAPTRUST recommended consideration
of replacement with a manager of higher conviction. Following careful review and consideration of
alternatives, the Board approved the replacement of this fund. It is the Board's desire to align the
investment alternatives in the 401(h) Retirement Health Savings Plan with those in the 457 plan. Noting
that in some instances, the same funds may not be offered in both plans, the Board approved the
selection of the replacement fund and an alternative selection, if the desired replacement fund is not
offered by ICMA -RC in the 401(h) Retirement Health Savings Account fund line -up.
The Committee reviewed the impact of the Defense of Marriage Act (DOMA) legislation on the Plan and
approved the modified definition of Spouse for the 401(h) Retirement Health Savings Account.
The minutes of each meeting of the Pension Plan Defined Contribution Board have been filed with
the Director of Finance upon approval. All Board minutes and related reports are available upon
request.
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 IPIIANIE M. MOON REYNOLDS, MMC E -mail: cler Oronnokev °.gov CECELIA T. WEBB, CMC'
City Clerk Acting rumor City Clerk
August 18,2015
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
This is to advise you that Barbara A. Dameron has qualified as the Director of Finance
of the City of Roanoke, effective July 1, 2015.
Sincerely,
Wit
Stephanie M. Moon Reynolds, MM(
City Clerk
SMM:ctw
pc: Barbara A. Cameron, Director of Finance
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Barbara A. Dameron, 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 Director of Finance of the City of Roanoke, effective July 1, 2015, according to
the best of my ability. So help me God.
BARBARA A. DAMERON
The foregoing oath of office was taken, sworn to, and subscribed before me by
Barbara A. Dameron this L day+9/42015.
Brenda S. Hamilton, Cler4ot Circui t Court
B� rk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Snile 456
Roanoke, Virginia 24011 -1536
Telephone: (541)8532541
Fax: (541)853 -1145
S EPI IAN 14: M. MOON REYNOLDS, MINI( ILmail: elerk6A romiokevn'go1 (' ECEI.IAT. WEBB, CM('
(it, ' ('lerk Acting Bepmy City Cle,'k
August 18, 2015
Robyn Schon, General Manager
Roanoke Civic Center
Roanoke, Virginia
Dear Ms. Schon:
This is to advise you that Judy Jackson has qualified as a member of the Roanoke Civic
Center Commission for a three -year term of office ending September 30, 2018.
Sincerely,
Stephanie M. Moon Reyno)ds, MM
City Clerk
PC: June Woodward, Secretary, Roanoke Civic Center Commission
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Judy W. Jackson, 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 Civic Center Commission for a three -year term of office ending
September 30, 2018, according to the best of my ability. So help me God.
L aL
J dly10. Jackson
The foregoing oath of office was taken, sworn to, and subscribed before me by Judy W.
Jackson this _4 day of/�/�_�_' 2015.
Brenda S. Hamilton, Clerk of the Circuit Court
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone (540) 85) -2541
Fox: (540)853 -1145
G: moil: tlerk(ntronnokevn.gov
ti'I'GPIIANIE M. MOON NEVNOIAS, MMC
City Clerk
August 18, 2015
Aisha Johnson
Assistant to the City Manager
Roanoke, Virginia
Dear Ms. Johnson,
CECELIA'r. WE00,CMC
Acting Uepnty City Clerk
This is to advise you that Kenai Hunt (Student/Alternate), Ashleigh Lowery (Student), Malik
Morris (Student), and Quentin Long (Student /Alternate) for one -year terms of office, each,
commencing July 1, 2015 and ending June 30, 2016, have qualified as members of the
Youth Services Citizen Board.
Sincerely,
I
Stephanie M. Moon Reynolds, M C
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Kenai Hunt, 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 (Student/Alternate) of the Youth Services Citizen Board for a one -year term of
office commencing July 1, 2015 and ending June 30, 2016, according to the best of my
ability. So help me God.
r�
KENAIHUNT
The foregoing oath of office was taken, sworn to, and subscribed before me by Kenai
Hunt this 4 K- day of 2015.
Brenda S. Hamilton, Clerk of the Circuit Court
B
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Ashleigh Lowery, 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 (Student) of the Youth Services Citizen Board for a one -year term of
office commencing July 1, 2015 and ending June 30, 2016, according to the best of my
ability. So help me God.
ASHLEIG OWERY
The foregoing oath of office �was
,,t�a�k..eenn,, sworn to, and subscribed before me by Ashleigh
Lowery this day of _(Z� 2015.
S. Hamilton, Clerk of the Circuit Court
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Malik Morris, 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 (Student) of the Youth Services Citizen Board for a one -year term of
office commencing July 1, 2015 and ending June 30, 2016, according to the best of my
ability. So help me God.
wl
ALIK MORRIS
The foregoing oath of office was taken, sworn to, and subscribed before me by Malik
Morris this I day of t P 2015.
Brenda S. Hamilton Clerk of the Circuit Court
,irk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Quentin Long, 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 (Student/Alternate) of the Youth Services Citizen Board for a one -year
term of office commencing July 1, 2015 and ending June 30, 2016, according to the
best of my ability. So help me God.
QUENTIN LONG
The foregoin oa o ffce was taken, sworn to, and subscribed before me by Quentin
Long this, day of AA21t5.
Brenda S. HaDaQton, Clerk of tie Circuit Court
Clerk
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE of THE CITY A "ITORNEY
4o4VIt'N'ICIRAI M 11 PIN(,
] I � CHt'RCI I rAVL'nl F, SIX'
ROANOKIt, VIRG[A[A'4011 -1595
The I fonorable Mayor and Members
of CitN Council
Roanoke. Virginia
TH Ii11110N R 540 -M 3- -']431
FAX W- S53 -1]21
EMAIL ciharn'<u�ru.mokeci.�o�
August 17. 2015
Re: Request for closed meeting
Dear Mawr Bowers and Council Members:
'Timothy R. Spencer
Steven J.'Talev°i
David L. Collins
Heather 11. Ferguson
Laura M. Carini
Assistant City Attorncvs
[his is to request that City COUrCll convene a closed meeting immediatebc following the 7:00 p.m.
session of Council. for consultation with legal counsel pertaining to actual litigation where such consultation
and biicfmg in an open meeting would adacrscl3 affect the negotiating or litigating posture of the public body,
pursuant to ti2? -371 LA.7. Code of Virginia (1950), as amended.
With kindest personal regards. I am
sincerely tours.
�tyY�NYJf tom' //� jC��E'w/
Daniel J. vCallaghaN
City Attorne}
DJC' /Isc
C, Christopher P. Morrill. City Manager
Barbara Dameron. Director of finance
Stephanie Moon Reynolds. City Clerk
o;`M1 CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chnreh Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)8533541
Fax (5411)853.1145
S1 EP11ANIE M. MOON REYNOLDS, MMC k ?nmiL 0erWa4oanokeva.guv
City Clcrk
August 18, 2015
The Honorable Donald S. Caldwell
Commonwealth Attorney
Roanoke, Virginia
Dear Mr. Caldwell:
CECELIA'r. WEDD,CM('
Acting Deputy City ('lerk
I am enclosing copy of Resolution No. 40315 - 081715 authorizing acceptance of a
Victim/Witness Assistance Program grant from the Commonwealth of Virginia
Department of Criminal Justice Services, and authorizing execution of any required
documentation on behalf of the City.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, August 17, 2015.
Sincerely,
H+
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015
No. 40315- 081715.
A RESOLUTION authorizing acceptance of a Victim/Witness Assistance Program grant
from the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing
execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The City Manager is hereby authorized on behalf of the City to accept from the
Commonwealth of Virginia Department of Criminal Justice Services a Victim /Witness Assistance
Program grant in the amount of $120,942 for Fiscal Year 2015 -2016, such grant being more
particularly described in the report to Council dated August 17, 2015,
2. The local cash match for Fiscal Year 2015 -2016 shall be in the amount of $40,386.
3. The City Manager is hereby authorized to execute and file, on behalf of the City, any
documents setting forth the conditions of the grant in a form approved by the City Attorney.
T The City Manager is further directed to furnish such additional information as may be
required by the Department of Criminal Justice Services in connection with the acceptance of the
foregoing grant or with such project.
ATTEST:
111��A---J
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40316 - 081715.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Victim Witness Program Grant, amending and reordaining certain sections of the 2015-
2016 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 2015 -2016 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
35 -150- 4560 -1002
$ 110,242
City Retirement
35- 150- 4560 -1105
10,933
ICMA Retirement
35- 150 - 4560 -1115
3,630
401 Health Savings
35- 150 - 4560 -1117
699
FICA
35- 150- 4560 -1120
8,711
Medical Insurance
35- 150 - 4560 -1125
18,342
Dental Insurance
35- 150 - 4560 -1126
996
Life Insurance
35- 150- 4560 -1130
1,455
Disability Insurance
35- 150 - 4560 -1131
309
Telephone
35- 150- 4560 -2020
711
Administrative Supplies
35- 150 - 4560 -2030
1,452
Dues and Memberships
35- 150- 4560 -2042
100
Training and Development
35 -150- 4560 -2044
2,188
Postage
35- 150- 4560 -2160
1,560
Revenues
Victim Witness FY16 - State
35- 150 - 4560 -4560
120,942
Victim Witness FY16 - Local Match
35- 150 - 4560 -4561
40,386
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATT,TTEEn(ST Q //✓,
A:(;4 "City City Cler � I V
GOMMONWEALTF+- OF VIRGJJgI ,
ooN,i FI LAI O(.1OR ` ,.�, c�. .cur, N,..83 solo
((mmum(� r uTF,� n, um�(i ., F.. o -, inn
(:I I Y OF ROANOKE
III,, I lA Ilil (0p94II)NA4'L.ALIII "�ArroR.FV
IURCI I AvIIIL
vIR( Ni v 14016
August 17, 2015
Honorable David A. Bowers, Mayor
Honorable David B. Trinkle, Vice -Mayor
Honorable William D. Bestpitch, Council Member
Honorable Raphael E. Ferris, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Acceptance of the Victim Witness Program Grant
Background:
The Victim/Witness Assistance Program has been awarded a twelve month, $120,942
grant (#1 6-V8554VW1 5) from the Department of Criminal Justice Services (DCJS). This
grant will allow the Victim/Witness Assistance Program to continue to provide
comprehensive information and direct services to crime victims and witnesses in
accordance with the Virginia Crime Victim and Witness Rights Act.
The Victim/Witness Program continues to operate with a full -time coordinator for the Circuit
Court, as well as one full -time assistant for the Juvenile and Domestic Relations Court and
one full -time assistant for the General District Court.
The VictimfWitness Program is coordinated bythe Office of the Commonwealth's Attorney
Considerations
The cost to the City for the grant would be $40,386 as a local cash match for a total grant
budget of $161,328. This local cash match is included in the General Fund FY 2015 -2016
adopted budget in the Transfer to Grant Fund account (01- 250 -9310- 9535).
Recommendations:
Accept the Victim/Witness Grant #16- V8554VW15 of $120,942 with the City of Roanoke
providing $40,386 as a local cash match from the funding provided in the Transferto Grant
Fund account.
Authorize the City Managerto sign and execute all appropriate documents, approved asto
form by the City Attorney, to obtain Grant #16- V8554VW15.
Adopt the accompanying budget ordinance to establish revenue estimates of $120,942 in
state grant funds and $40,386 in local match in the Grant Fund, transfer local match
totaling $40,386 from the General Fund and appropriate funding totaling $161,328 as
outlined on Attachment A in accounts to be established in the Grant Fund by the Director of
Finance.
R ctfu ly submitted,
Donald S. Caldwell
Commonwealth's Attorney
DSC:jsl
c: Christopher P. Morrill, City Manager
Daniel Callaghan, City Attorney
Barbara Dameron, Director of Finance
Stephanie M. Moon, City Clerk
Drew Harmon, Municipal Auditor
Victim Witness Coordinator
ATTACHMENT A
PROGRAM BUDGET
1002 Regular Employee Salaries $110,242
1105
City Retirement
$
10,933
1115
ICMA Retirement
$
3,630
1116
ICMA Match
$
0
1117
RHSA(1 %)
$
699
1120
FICA
$
8,711
1125
Medical Insurance
$
18,342
1126
Dental Insurance
$
996
1130
Life Insurance
$
1,455
1131
Disability Insurance
$
309
2020
Telephone
$
711
2030
Administrative Supplies
$
1,452
2042
Dues /Membership
$
100
2044
Training and Development
$
2,188
2144
Travel
$
0
2160
Postage
1,560
TOTAL
$161,328
E) CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: Acceptance of Victim Witness Program Grant
I concur with the recommendation from Donald S. Caldwell, Commonwealth's
Attorney for the City of Roanoke, with respect to the subject referenced above.
I recommend that City Council accept funding from the Department of Criminal
justice Services in the amount of $120,942 with the City of Roanoke providing
local match funding in the amount of $40,386 - totaling $161,328.
ChristM�ril
City Manager
Distribution: Council Appointed Officers
c� CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenuie, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'I'elephmm: (5411) 853 -2541
1 iu: (540) x53 -1145
fi'I'P:PI IAN I li M. MOON REYNOLDS, MM('
Y -nwil: elerk(,ronnokrvn.gov
City Clerk
August 18,2015
Dan Henry
Urban Forester
Roanoke, Virginia
Dear Mr. Henry:
('LCELIAT. WEBB, CM(
Acting Deputy City Clerk
I am enclosing copy of Resolution No. 40317 - 081715 accepting a FY 2016 Urban and
Community Forestry Grant to fund a part-time Urban Forestry Planner to work under the
Urban Forester, and authorizing the execution of any required documentation in
connection therewith, upon certain terms and conditions.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, August 17, 2015.
Sincerely,
li, d Q_X 10 b v
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Steven C. Buschor, Director, Parks and Recreation
Helen Smythers, Urban Forestry Planner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40317- 081715.
A RESOLUTION accepting a FY 2016 Urban and Community Forestry Grant to fiord a part-
time Urban Forestry Planner to work under the Urban Forester, and authorizing the execution of any
required documents in connection therewith, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
The City of Roanoke hereby accepts the FY 2016 Urban and Community Forestry
Grant in the amount of $15,700, with a $14,566 local match from the City, and 750 hours of in -kind
volunteer work by the Roanoke Tree Stewards, to fund various projects, as more particularly set forth
in the City Council Agenda Report dated August 17, 2015,
The City Manager is hereby authorized to execute, mid the City Clerk is authorized to
attest, a Memorandum of Understanding attached to the City Council Agenda Report dated August
17, 2015, and any other documents necessary to accept and implement such grant, as more
Particularly set forth in the City Council Agenda Report dated August 17, 2015, such documents to
be approved as to form by the City Attorney, and to furnish such additional information as may be
required in connection with the City's acceptance of this grant.
R -U,W and Cormnooily FmYSIry Grnnl� rY20Mdo,
ATTEST:
u4k'-�- Q70_ -
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40318 - 081715.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Urban and Community Forestry Grant, amending and reordaining certain
sections of the 2015 -2016 General and Grant Funds Appropriations, and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2015 -2016 General and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Temporary Wages
01- 620 - 4340 -1004
($12,012)
FICA
01- 620 - 4340 -1120
(919)
Transfer to Grant Fund
01- 250- 9310 -9535
12,931
Grant Fund
Appropriations
Regular Employee Salaries
35- 620 - 4378 -1002
20,786
City Retirement
35- 620 - 4378 -1105
4,290
401 Health Savings Match
35- 620 - 4378 -1117
191
FICA
35- 620 - 4378 -1120
1,590
Medical Insurance
35- 620 - 4378 -1125
2,995
Dental Insurance
35- 620 - 4378 -1126
167
Life Insurance
35- 620 - 4378 -1130
247
Revenues
Urban Forestry Grant FY16 - Federal
35- 620 - 4378 -4378
17,335
Urban Forestry Grant FYI - Local Match
35- 620 - 4378 -4379
12,931
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
A'{TT�Ef(SST�:
Jerk.
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: Urban and Community Forestry Grant Acceptance
Background:
For the fourteenth year, the Virginia Department of Forestry (VDOF) has awarded
Parks and Recreation funding to staff a part -time Urban Forestry Planner to work
under the Urban Forestry Coordinator. A letter was received on June 25, 2015,
notifying the Urban Forestry Coordinator that $15,700 would be awarded upon
completion of the Memorandum of Agreement (MOA). These funds will be matched
by $14,566 from the City and 750 hours of in -kind volunteer work by the Roanoke
Tree Stewards (for a value of $17,302). The grant will be used to (1) prepare
forestry maintenance guidelines for greenways and riparian buffers, (2) quantify
stormwater management benefits of trees, (3) manage the Commemorative Tree
Program and (4) coordinate the Roanoke Tree Steward Program. The activities are
consistent with the Urban Forestry Plan adopted as an element of Vision 2001-
2020.
Considerations:
City Council action is needed to accept this grant and authorize the City Manager
to execute the MOA between the VDOF and the City. A copy of the MOA is
attached to this letter.
Recommended Action:
Accept the grant as described above and authorize the City Manager to execute the
MOA between the VDOF and the City, and any other documents necessary to accept
and implement such grant, all such documents to be approved as to form by the
City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the
amount of $15,700, transfer local match funding of $14,566 from the Parks and
Recreation budget, and appropriate $30,266 into accounts to be established in the
Grant Fund
j. /byy the Director of Finance.
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Barbara Dameron, Director of Finance
Steve Buschor, Director of Parks and Recreation
U &CF Assistance Grant Program
Memorandum of Agreement
Grant # 15UCF24
This agreement made this 20ih day of June 2015 by and between the Virginia Department of Forestry, herein referred
to as "Party of the First Part", and City of Roanoke herein referred to as "Party of the Second Pan ".
The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to
promote, support and participate in the federal grant program, sponsored by the U.S.D.A Forest Service (Catalog of
Federal Domestic Assistance #10 -664) agree as follows:
(1) PURPOSE:
Now therefore, in consideration of the above premises the parties of the first and second agree to the following
terns listed below.
(2) SCOPE OF SERVICES
The Party of the Second Part shall provide the service to the Party of the First Pan as set forth in the grant
application, narrative and budget form as revised if revisions were done.
(3) TIME OF PERFORMANCE:
The services of the Party of the Second Part shall commence on June 20. 2015 and shall terminate on
June 15 2016. In the event of breach by the Party of the Second Part of this agreement, the Party of the
First Part will give written notice to the Party of the Second Part specifying the manner in which the
agreement has been breached.
All time limits stated are of the essence of this agreement
(4) COMPENSATION:
The Parry of the Second Pan shall be paid $15.700.00 by the Party of the First Pats according to the
schedule on page 4, in accordance with the rules and regulations in Attachment A: The funds awarded
under the grant are available on a reimbursement basis after verification of match and in accordance with
the payment schedule on page 4. Minor shifts of the funds among categories not to exceed 10 percent
may be permitted, but in no case can the total expenditures exceed the amount provided by this contract.
Shifts of funds between budget categories exceeding 10 percent must be approved in writing by the Party
of The First Part.
Source documentation including canceled checks, copies of invoices, time and attendance records, and/or
detailed printouts will be submitted with the "Request for Funds ". Invoices will be marked "PAID" and
referenced as to how payment was made (i.e. check number).
1
(5) MATCHING /COST SHARE REQUIREMENTS
The funding listed above will require a 50/50 match/cost share requirements.
Indirect Cost Rates- Pursuant to OMB Guidance 2 CFR 200.414 allows for Recipients without a negotiated
indirect cost rate to accept a de minimis indirect cost rate of 10% of Modified Total Direct Cost. Recipients with a
federally negotiated indirect cost rate must be identified in the proposal and subaward. A copy of the Recipient's
approved indirect cost rate agreement must accompany their application. All federal and recipient matching/cost-
share contributions are subject to all relevant OMB Circulars and Code of Federal Regulations.
Funds under this grant are not to be allocated for research; the funds are for project expenses only
(6) PRE-AWARD COST:
Pursuant to OMB Guidance, 2 CFR 200.459 are hereby authorized where such costs are necessary for efficient and
timely performance of the scope of work. Such costs are allowable only to the extent that they would have been
allowable if incurred after the date of the award and only with the written approval of awarding agency.
(7) ASSISTANCE:
The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make
available to the Party of the Second Part, copies of existing non - proprietary materials in the possession of the Party
of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of
the Second Par[ for completion of his performance under this agreement.
(8) GENERAL PROVISIONS:
Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the
other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not
assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior
written consent of the Patty of the First Part. This contract is subject to appropriations by the Virginia General
Assembly.
(9) LAW APPLICABLE:
This Memorandum of Agreement shall be governed by the laws of the Commonwealth of Virginia.
(10) INTEGRATION AND MODIFICATION:
This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part.
No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced
to writing, signed by the parties and attached hereto.
This award is executed as of the date of the last signature and is effective through June 15, 2016 at which time it
will expire, unless extended by an executed modification, signed and dated by all properly authorized, signatory
individuals. Any request for extension must be in writing a minimum of 30 days prior to the end of the stated grant
period. Extensions will not be guaranteed.
(11) TERMINATION
The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the
other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of
such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for
curtailment of its/his work under this agreement.
In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the
right immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part will
give written notice to the Party of the Second Par[ specifying the manner in which the Agreement has been
breached. If a notice of breach is given and the Party of the Second Pan has not substantially corrected the breach
within the sixty 60 days of receipt of the written notice, the Party of the First Part shall have the right to terminate
this Agreement.
In the event of rescission, revocation or termination, all documents and other materials related to the performance
of this Agreement shall become the property of the Department of Forestry.
(12) COLLATERAL CONTRACTS:
Where there exists any inconsistency between this Agreement, Attachment A and other provisions of collateral
contractual agreements which are made a par[ of this Agreement by reference or otherwise, the provisions of this
Agreement shall control.
(13) ANTI - DISCRIMINATION:
During the performance of this contract, the Party of the Second Part agrees as follows;
The Party of the Second Part will not discriminate against any employee or applicant for employment because of
race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide
occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The
Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this non - discrimination clause.
The Party of the Second Par[, in all solicitations or advertisement for employees placed by or on behalf of the Party
of the Second Part, will state that such Party of the Second Part is an equal opportunity employer.
Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed
sufficient for the purpose of meeting the requirements of the Section.
The Party of the Second Part will include the above provisions in every subcontract or purchase order of over
$10,000, so that the provisions will be binding upon each subcontractor or vendor.
(14) APPLICATIONS:
This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or
otherwise, by the laws of the Commonwealth of Virginia.
(15) SEVERABILITY:
Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is
declared invalid, the remaining provisions shall nevertheless remain in effect.
(16) CONTINGENT FEE WARRANTY:
The Party of the Second Part warrants that he /it has not employed or retained any person or persons for the purpose
of soliciting or securing this Agreement. The Party of the Second Pan further warrants that he /it has not paid or
agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing
warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or
otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or
contingent fee.
(17) CONFLICT OF INTEREST:
The Party of the Second Pan warrants that he has fully complied with the Virginia Conflict of Interest Act.
(18) FINANCIAL RECORDS AVAILABILITY:
The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for
five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The
Party of the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine
any of said materials during said period.
The Party of the Second Part agrees to comply with the Federal cost and administrative regulations found in the
OMB Uniform Guidance published December 26, 2014.
Administrative Regulations can be located at: http� / /whitehouse.gov /omb /grants default/
Cost Principles can be located at: blip / /gooaccess.gov /cfr /index.hftnl.
Forms can be found at http�,/ o cio usda gov /fortes /ocio forms.htmlorhtto: ,/search.usda.gov
(19) PERFORMANCE REPORTS:
The Pany of the Second Part agrees to provide the Party of the First Pan performance reports on all activities
identified in the proposals as they occur. The performance reports will contain a summary of progress and
activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and
provide financial funds expenditure information for reimbursement as appropriate. Please see the Performance
Report Forth
Grantees may request reimbursement as frequently as needed (within reason) but no more than 4 times per grant
cycle.
The schedule for submittal of the periodic performance reports shall be as follows:
PERIOD COVERED SUBMITTAL DATE
June '0.'015 Septemher 10.'n 15 Octuher I?. 2015
Oclohcr 1.'_(115 December 1l_ '_O I s Ianuun 11.2016
Jenuan I.'i116 Man:h il. '_016 Aprll G. 2016
Final Apri 11. 201() JuncIS'016 1 une 30,'016
(20) PRINCIPAL CONTACTS:
In witness whereof the parties have caused this agreement to be executed by the following duty authorized
officials:
PARTY OF THE SECOND PART PARTY OF THE FIRST PART
This contract has been reviewed by the staff of the Party
of the First Part. Its substantive terms are appropriate, and
sufficient funds have been obligated for its performance.
BY (Print Name): Christopher P. Morrill
Program Contact
(Signature):
Administrative Contact
Name
Barbara White
Name
Pam Romanello
Address
900 Natural Resource Drive
Address
900 Natural Resource Drive
City, State, Zip
Charlottesville, VA 22903
City, State, Zip
Charlottesville, VA 22903
Phone
434- 220 -9041
Phone
434 - 220 -9050
Email
Barbara.whitea)dof.vir inia. ov
Email
Pam.romaellon7dofvir inia.gov
In witness whereof the parties have caused this agreement to be executed by the following duty authorized
officials:
PARTY OF THE SECOND PART PARTY OF THE FIRST PART
This contract has been reviewed by the staff of the Party
of the First Part. Its substantive terms are appropriate, and
sufficient funds have been obligated for its performance.
BY (Print Name): Christopher P. Morrill
BY (Print Name):
(Signature):
(Signature):
TITLE: City Manager
TITLE:
ORGANIZATION: City of Roanoke, Virginia
AGENCY: Virginia Department of Forestry
DATE:
DATE:
Attachment A
A. Collaborative Arrangements: Where permitted by terms of the award, may enter into collaborative
arrangements with other organizations to jointly carry out activities with grant funds.
R Non - Liability: The Virginia Department of Forestry does not assume liability for any third party
damages arising out of this award.
C. Metric System of Measurement: Wherever measurements are required or authorized, they shall also
be made, computed and recorded in metric system units of measurement, unless otherwise authorized
in writing.
D. Trafficking in Persons: Human Trafficking is prohibited; additional information can be found under
the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104 (g)).
E. Eligible Workers: All sub - recipients shall ensure that all employees complete the 1 -9 form and
certify that they are eligible for lawful employment under the Immigration and Nationality Act (8
U.C.S. 1324a).
F. Program Income: If any program income is generated as a result of an award, costs incidents due to
the generation of program income can be deducted from the gross income to determine the program
income amount, provided these costs have not been charged to the award and comply with the
applicable Cost Principles.
G. Grants may not be used for entertainment purposes. This means food, recreational type items,
entertainment such as music, alcohol, plays movies, etc. These items also may not be used as match to
the grant funding. Land may not be used as match. Rule of thumb — if you can't purchase it directly
with grant dollars then most likely one cannot use it as match.
H. Award Closeout: Award will be closed out either on the expiration date or with the notice of
termination. Any unobligated funding at that time will be reverted to the Department of Forestry.
1. Program Performance Reports: Shall be submitted in order to monitor performance of grant
activities to ensure that performance goals are being achieved. Performance Reports will include: A
comparison of actual accomplishments to the goals achieved for the period; reasons) for delay if
established goals were not met; additional pertinent information pertaining to the grant.
1 Notification: Program Manager should be notified immediately of developments that have a
significant impact on the activities supported under this grant.
K Changes in Key Positions and Personnel: Revisions to key positions and personnel identified in the
application for this award require prior, written approval from the Department of Forestry. Failure to
obtain prior, written approval when required may result in the disallowance of costs.
L. Freedom of Information Act (FOIA): Public access to grant or agreement records shall not be
limited, except when such records must be kept confidential and would have exempted from
disclosure pursuant to "Freedom of Information" regulations (5 U.S.C. 552).
M. Text Messaging while driving: In accordance with Executive Order (EO) 13513, "Federal
Leadership on Reducing Text Messaging while driving" any and all text messaging by Federal
Employees is banned. All sub recipients are encouraged to adopt and enforce policies that ban text
messaging while driving while on government business.
N. Public Notices /Acknowledgement: It is the U.S. Forest Service's policy to inform the public as fully
as possible of its programs and activities. It is encouraged to give public notice of the receipt of this
award from time to time, to announce progress and accomplishments. Acknowledge the U.S. Forest
Service as well as the Virginia Department of Forestry support in publications, audiovisuals and
electronic media developed as a result of this award. A mandatory provision if development of
publications or production of audiovisuals, or if information is shared via electronic format (including
websites).
O. Nondiscrimination Statement - Printed, Electronic or Audiovisual Materials: the following
statement, in full, in any printed audiovisual material or electronic media for public distribution
developed or printed with any federal funding.
`7n accordance with Federal law and U.S. Department of Agriculture policy, this institution is
prohibited from discriminating on the basis of race, color, national origin, sex, age or disability."
If the material is too small to permit the full statement to be included, the material must, at a
minimum, include the following statement, in print size no smaller than the text:
"This institution is an equal opportunity provider.
P. Debarment and Suspension: Grantees must certify if any principals are presently excluded, debarred
or suspended from entering into covered transactions with the federal government in according to the
terms of 2 CFR Part 180.
Q. Drug Free Workplace: Agrees to provide a drug -free workplace form AD -1049 to the Department of
Forestry. This will verify that each employee who will be engaged in the performance of any
project/program receiving federal funding will follow drug -free regulations as stated in the
Rehabilitation Act of 1973 (29 U.S.C. 794).
R. Copyrighting: Virginia Department of Forestry has the sole and exclusive right to copyright any
publications developed as a result of this award. This includes the right to publish and vend
throughout the world in any language and in all media and forms, in whole or in part, for the full term
of copyright and all renewals thereof in accordance with this award. No original text or graphics
produced and submitted by the USFS shall be copyrighted.
S. Central Contractor Registration and Universal Identifier Requirements:
(i) Requirement of Central Contractor Registration (CCR)- unless exempted from 2CFR 25.110, as a
recipient you must be registered and maintain information updated at CCR internet site:
hltp: / /www.ccr.gov.
(ii) Requirement ofDam Universal Numbering System (DUNS) Number- no entity may receive a sub -
award unless the entity can provide a DUNS number. (DUNS current intemet site
http: fecigov.dnb.con, scbfmn)
T. Members of Congress: Pursuant to 41 U.S.C. 22, no United States member of, or United Stales
delegate lo, Congress shall be admitted to any share or part of this award, or benefits that may arise
there from, either directly or indirectly.
U. Disclosure of Lobbying Activities: Agrees to disclose lobbying activities pursuant to 31 U.S.C. 1352;
the completion of Standard Form LLL is mandatory.
V. Federal Funding Accountability and Transparency Act (Sub -award Reporting System):
Effective October 1, 2010 all sub- awards that receives $25,000 or more from a federal award will need
to be reported. The sub -award is responsible for providing DOE with the following information for
timely reporting: Name, Address, Federal Tax Identification Number, DUNS Number, Principal place
of performance and names of Highly Compensated Officers.
W. International Travel: Funding for international travel is not approved from this grant.
Attachment B
Check list
The following information must be submitted with the Memorandum of Agreement
1. Application for Federal Assistance SF424
2 Revised Budget Detail— if not receiving full funding
3. Assurances SF424B
4. Debarment AD 1048
5. Drug Free Form
6. W -9
7. Legislative Information form
The following fortes must be used when requesting reimbursement
1. Reimbursement form
2. Itemized Expense form
3. Volunteer Log if volunteer time is part of the match
4. Volunteer log used for documentation of staff time, or organization equivalent
APPLICATION FOR
2. DATE SUBMITTED
nppncarn iuenmm.
PROPOSAL#
FEDERAL ASSISTANCE
6
15.
1. TYPE OF SUBMISSION:
Application
1
Pre- application
3. DATE RECEIVED BY
STATE
State Application Identifier
115UCF24
0. DATE RECEIVED BY FEDERAL AGENCY
I Federal Identifier
❑Construction
❑Construction
x Non - Construction
x Non - Construction
$ ,00
d Local
S.
Legal Names City of Roanoke, Virginia
Organizational Unit:
Address (give city, county state, antl zip code)
215 Church Ave., Room 303, Roanoke, VA 24011
Name and telephone number of the person to be contacted on matters
involving this application (give area wool Daniel J Henry
EMPLOYER IDENTIFICATION NUMBER (EIN1:
7. TYPE OF APPLICANT: C
(enter appropriate letter In box)
A State H. Independent School Dist.
B. County I. State Controlled Inst. of Higher
5 1 4 6 1 0 0 1 5 6 9
Learning
C. Municipal J. Private University
D. Township K. Indian Tribe
8. TYPE OF APPLI CATI ON
�X New Q Continuation Revision
E. Interstate L. Individual
If Revision, enter appropriate letter(s) in boxes) Q ❑
F. Intermunicipal M. Profit Organization
G. Special District N. Other (Specify):
A. Increase Award B. Decrease Award C Increase Duration
9. NAME OF FEDERAL AGENCY:
D. Decrease Duration Other (specify)
USDA Forest Service
DOMESTIC ASSISTANCE NO. I
TITLE. �'�paro1 %VC f0/YfI/)'
Forestry Maintenance Guidelines for Greenways and
Riparian Buffers
AREAS AFFECTED BY PROJECT (cities, counties, states, etc)
City of Roanoke, Virginia
June 20, 2015
June 15, 2016
6
6
15.
ESTIMATED FUNDING:
16. BMR1C/ 1pNS1H. ECTIOREVEWBYSTAIEF XEQ11NE0ROH21ZR1PROCESSi
aYESTIISP�_._ _T[l- YPPRCAIKNWASMV£AVAUSETOTFE
SfATEF�G1IrvE0l�FS2t2312fR2�ESSFCRf�VEW q3
DATE
b. NO. Fx] Hd7GRNdBNITfCG�FID BYE0.12312
❑ ORPfxJCi% A1Vy5fJJf�T15HLCl ®BVSTAIEFORREVIEW
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
OYes If "Yes, attached an explanation O No
a. Federal
$ 15,706 .00
h. Applicant
$ 14,566 .00
c. State
$ ,00
d Local
$ .00
e. Other
$ 17,302 .00
f. Program Income
$ .00
g. TOTAL
$ 47,568 .00
a. Typed Name of Authorized! Representative: b. Title Lily Manager c
5'
Christopher P. Morrill
e. Date Signed
Authorized for Local Reproduction
OMB Approval No. 0308 -000.1
Presented by OMB Circular A -102
Authorized for Local Reproduction
OMB Approval No. 034 &0043
INSTRUCTIONS FOR THE SF 424
This is a standard form used by applicants as a required face sheet for pre - applications and applications submitted for
Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established
a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in
their process, have been given an opportunity to review the applicant's submission.
Item: Entry:
1. Self- explanatory.
2. Date application submitted to Federal agency (or
State if applicable) & applicant's control number (if
applicable).
3. Slate use only (if applicable).
4. If this application is to continue or revise an existing
award, enter present Federal identifier number. If for
a new project, leave blank.
5. Legal name of applicant, name of primary
organizational unit which will undertake the
assistance activity, complete address of the
applicant, and name and telephone number of the
person to contact on matters related to this
application.
6. Enter Employer Identification Number (EIN) as
assigned by the Internal Revenue Service.
7. Enter the appropriate letter in the space provided.
8. Check appropriate box and enter appropriate
lepers) in the space(s) provided:
— "New" means a new assistance award.
— "Continuation" means an extension for an
additional funding /budget period for a project with a
projected completion date.
— "Revision' means any change in the Federal
Government's financial obligation or contingent
liability from an existing obligation.
9. Name of Federal agency from which assistance is
being requested with this application.
10. Use the Catalog of Federal Domestic Assistance
number and title of the program under which
assistance is requested.
11. Enter a brief description title of the project. If more
than program is involved, you should append an
explanation on a separate sheet. If appropriate
(e.g., construction or real property projects), attach
a map showing project location.
For pre - applications, use a separate sheet to
provide a summary description of this project.
Item Entry:
12. List only the largest political entities affected (e.g.,
Stale, counties, cities).
11 Self- explanatory, usually filled in already
14. List the applicant's Congressional District and
District(s) affected by the program or project.
15. Amount requested or to be contributed during the
first funding /budget period by each contributor.
Value of in -kind contributions should be included on
appropriate lines as applicable. If the action will
result in a dollar change to an existing award,
indicate only the amount of the change. For
decreases, enclose the amounts in parentheses. If
both basic and supplemental amounts are included,
show breakdown on an attached sheet. For multiple
program funding, use totals and show breakdown
using same categories as item 15.
16. Applicants should contact the State Single Point of
Contact (SPOC) for Federal Executive Order 12372
to determine whether the application is subject to
the State intergovernmental review process.
17. This question applies to the applicant organization,
not the person who signs as the authorized
representative. Categories of debt include
delinquent audit disallowances, loans and taxes.
18. To be signed by the authorized representative of the
applicant. A copy of the governing body's
authorization for you to sign this application as
official representative must be on file in the
applicant's office. (Certain Federal agencies may
require that this authorization be submitted as part
of the application.)
Authorized for Local Reproduction
SF 424 (REV 7 -97) Back
2015 Urban and Community Forestry Assistance Grants
Revised BUDGET WORKSHEET
of Roanoke
Project Name: Forestry Maintenance Guidelines for Greenways and Riparian Buffers
Grant Number: ISUCF24
ITEM
Itemize Expenses Below
Grant Share
Direct
Expenses
or Cash
Purchases
Applicant
Direct
Expenses or
Cash Purchases
Applicant
In -Kind*
Personnel
Services:
Volunteer &
Staff hrs.
Applicant
In -Kind
Donated:
Services,
Supplies or
Equipment use
Total
Personnel: Urban Forestry
Planner, 1040 hrs @ $19.99/hr
10,783.00
10,003.00
20,786.00
Urban Forestry Planner -
Fringe Benefits: 45.6%
4,917.00
4,563.00
9,480.00
Volunteer Tree Stewards: 750
hrs @ $23.07/hr
17,302.00
17,302.00
TOTAL
15,700.00
14,566.00
17,302.00
-
47,568.00
NOTE: Total of Applicant Share Column, In -Kind and Cash Donation Column must equal or exceed Grant Share Column
All grantees are required to maintain and submit written records that fully document all expenses.
For the 2015 -2016 grants, $23.07 is the federally accepted base rate for volunteers. You may use a higher value for a
professional who volunteers his /her professional services. Children should generally be at the minimum wage rate.
Oh16 Approval No. 0348 -0040
ASSURANCES — NON - CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If
such is the case, you will be notified.
As the duly authorized representative of the applicant I certify that the applicant
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. WIII comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§ 4728 -4763) relating to prescribed
standards for merit systems for programs funded under
one of the nineteen statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 CF.R. 900, Subpart U.
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a)Title VI of the Civil Rights Act of 1964 (P.L. 88 -352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683, and 1685- 1686), which prohibits discrimination on
the basis of sex; (e) Section 504 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. §§
6101- 6107), which prohibits discrimination on the basis
of age;
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P_L 961 -646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to
all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
Will comply with the provisions of the Health Act (5
U.S.C. §§ 1501 -1508 and 7324 -7328) which limit the
political activities of employees whose principal
employment activities are funded in whole or in part with
State Ponds.
Will comply, as applicable, with the provisions of the
Davis -Bacon Act (40 U.S.C. §§ 276a to 276a -7), the
Copeland Act (40 U.S.C. § 276e and I8 U.S.C. §§ 874),
and the Contract Work Hours and Safety Standards Act
(40 U.S.C. §§ 327 -333), regarding labor standards for
federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(x) of the Flood Disaster
Protection Act of 1973 (P.L. 93 -234) which requires
recipients in a special flood hazard area to participate in
Standard torn 42413 t1 -97,
Preembed by OMB Cu -1,i, AIK
Authorized for Local Reproduction
of the Drug Abuse Office and Treatment Act of 1972
1. Has the legal authority to apply for Federal assistance,
(P.L. 92 -255), as amended, relating to nondiscrimination
and the institutional, managerial and financial capability
on the basis of ding abuse; (t) the Comprehensive
(including Ponds sufficient to pay the non - Federal share
Alcohol Abuse and Alcoholism Prevention, Treatment
of project costs) to ensure proper planning, management
and Rehabilitation Act of 1970 (P.L. 91 -616), as
and completion of the project described in this
amended, relating to nondiscrimination on the basis of
application.
alcohol abuse or alcoholism; (g) §§ 523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. 290 -dd -3
2. Will give the awarding agency, the Comptroller General
and 290 co-3), as amended, relating to confidentiality of
of the United States, and if appropriate, the Stale,
alcohol and drug abuse patient records; (h) Title VIII of
through any authorized representative, access to and the
the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.),
right to examine all records, books, papers, or documents
as amended, relating to nondiscrimination in the sale,
related to the award; and will establish a proper
rental or financing of housing; (1) any other
accounting system in accordance with generally accepted
nondiscrimination provisions in the specific statutes)
accounting standards or agency directives.
under which application for Federal assistance is being
made; and 0) the requirements of any other
3. Will establish safeguards to prohibit employees from
nondiscrimination statutes) which may apply to the
using their positions for a purpose that constitutes or
application.
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. WIII comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§ 4728 -4763) relating to prescribed
standards for merit systems for programs funded under
one of the nineteen statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 CF.R. 900, Subpart U.
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a)Title VI of the Civil Rights Act of 1964 (P.L. 88 -352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683, and 1685- 1686), which prohibits discrimination on
the basis of sex; (e) Section 504 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. §§
6101- 6107), which prohibits discrimination on the basis
of age;
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P_L 961 -646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to
all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
Will comply with the provisions of the Health Act (5
U.S.C. §§ 1501 -1508 and 7324 -7328) which limit the
political activities of employees whose principal
employment activities are funded in whole or in part with
State Ponds.
Will comply, as applicable, with the provisions of the
Davis -Bacon Act (40 U.S.C. §§ 276a to 276a -7), the
Copeland Act (40 U.S.C. § 276e and I8 U.S.C. §§ 874),
and the Contract Work Hours and Safety Standards Act
(40 U.S.C. §§ 327 -333), regarding labor standards for
federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(x) of the Flood Disaster
Protection Act of 1973 (P.L. 93 -234) which requires
recipients in a special flood hazard area to participate in
Standard torn 42413 t1 -97,
Preembed by OMB Cu -1,i, AIK
Authorized for Local Reproduction
the program and to purchase Flood insurance if the total
cost of insurable construction and acquisition of $10,000
or more.
Will comply with environmental standards which may he
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the
National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (ED) 11514; (b) notification of
violating facilities pursuant to FO 11738; (c) protection
of wetlands pursuant to EO 11990; (d) evaluation of
Flood hazards in toodplains in accordance with ED
11988; (e) assurance of project consistency with the
approved Stale management program developed under
the Coastal Zone Management Act of 1972 (t6 U.S.C. §§
1451 el seq. }, (t) conformity of Federal actions to State
(Clear Air) Implementation Plans under Section 176(c)
of the Clear Air Act of 1955, as amended (42 U.S.C. §
7401 it seq.); (g) protection of underground sources of
drinking water under the Sate Drinking Water Act of
1974, as amended, (P.L. 93 -523); and (h) protection of
endangered species under the Endangered Species Act of
1973, as amended, (P.L. 93 -205).
12. Will comply with the Wild and Scenic Riven Act of
1968 (16 U.S.C. §§ 1271 of seq.) related to protecting
components or potential components of the national wild
and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the national Historic Preservation
Act of 1966, as amended (16 U.S.C- 470), ED 11593
(identification and protection of historic properties), and
the Archeological and Historic Preservation Act of 1974
(16 U.S.C.469a -1 el seq.).
14. Will comply with P.L. 93 -348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.)
pertaining to the care, handling, and treatment of warm
blooded animals held for research, leaching, or other
activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§ 4801 et seq.) which
prohibits the use of lead based paint in construction or
rehabilitation ofresulturce structures.
17. Will cause to he performed the required financial and
compliance audits in accordance with the Single Audit
Act of 1984.
I8. Will comply with all applicable requirements ofall other
Federal Taws, executive orders, regulations and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
City Manager
APPLICANT ORGANIZATION
DATE SUBMITTED
City of Roanoke. Virginia
SF 4248 (7-97) Back
U.S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7
CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the
January 30, 1959, Federal Register (pages 47224733). Copies of the regulations may he obtained by contacting the
Department of Agriculture agency offering the proposed covered transaction.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE)
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, Slate or Local) with commission of any of the offenses enumerated in paragraph (1) (b)
of this certification; and
(d) have not within a three -year period preceding this applicatioNproposal had one or more public
transactions (Federal, Slate or Local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
City ofRoanoke, Virginia
15UCF24
Organization Name PR/Award Number of Project Name
Christopher P. Morrill, City Manager
Name and Title of Authorized Representative
Form AD -1047 (1/92)
INSTRUCTIONS FOR CERTIFICATION
L By signing and submitting this form, the prospective primary participant is providing the certification set
out on the reverse side in accordance with these instructions.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. I he prospective participant shall submit an explanation of why it
cannot provide the certification set out on this form. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary participant to famish a certification or an explanation shall disqualify
such person from participation in the transaction.
3. 1 h certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the department or agency to
whom this proposal is submitted if at any time the prospective primary participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered tansaclion,° "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal, "proposal." and "voluntarily excluded,"
as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules
implementing Executive Order 12549. You may contact the department or agency to which this proposal is
being submitted for assistance in obtaining a copy oflhose regulations.
6. The prospective primary participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, s'us'pended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
Z The prospective primary participant further agrees by submitting this form that it will include the clause title
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
S. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is
not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course ofbusiness dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Govemmenl, the department or agency may terminate this transaction for
cause or default_
Form AD-1047 (1/92)
Ova APPROVAL No. 0691 -0002
U.S. DEPARTMENT OF AGRICULTURE
CERTIFICATION REGARDING
DRUG -FREE WORKPLACE REQUIREMENTS (GRANTS)
ALTERNATIVE 1-- FOR GRANTEES OTHER THAN INDIVIDUALS
This car Fincation is required by the regulations implementing Sections 5151 -5160 of the Drug -Free Workplace Act of 1988
(Pub. L. 100690, Tide V, Subtitle D, 41 U.S C. 701 at seq.), 7 CFR Part 3017, Subpart F, Section 3017.600, Purpose. The
January 31, 1989, regulations were amended and published as Part It of the MAY 25, 1990, Federal Resister (pages 21681-
21691). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
Aftemative I
A The grantee certifies that it will or will continue to provide a drug -free workplace by
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition,
(b) Establishing an ongoing drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace,
(2) The grantee's policy of maintaining a drug -free workplace,
(3) Any available drug counseling. rehabilitation, and employee assistance programs; and
(4) The penaftles that may be imposed upon employees for drug abuse violations occurring in the workplace ,
(c) Making it a requirement that each employee to be engaged In the performance of the grant be given a copy of the
statement required by paragraph (a).
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant, the employee will —
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
(e) Notify the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction Employers of convicted employees must provide
notice, including position, thle, to every grant officer on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the
identification number(s) of each affected grant
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs (a), (b), (c), (d), (e) and (p.
I.1
Form AD -1049 (REV 5190)
Mcrosoft Ward 2OOO
B The grantee may Need In the space aovked below the insist for Me dentinal of work dome in connected with the Mature grant
Place of Performance (Street address, city, county, State, zip code)
Roanoke Depanmenl of Parks and Recreation
1802 Cmxtard Rd NE, Suite 120
Roanoke, VA 24012
Check II mere are workplaces on rile that are not identified here.
City of ROinoke Virgmla 15UCF24
Organization Name Award Number or Project Name
Christopher P. Mo rid. City Manager
Name and Title oI Aulhorized Representative
Signature Date
Instructions for Certification
1. By signing and submiairg this form tae grantee is providing Me certification sal out on pages 1 and! 2.
2. The codification sal won pages land 2 Is a material reprecenlation of fact upon which reliance Is placed when IM agency awards the grant. hills
Mier delemtred that the grantee knowingly renderad a false cenlfcation, a otherwise violates the hadd rements oft" Drug -Free Workplace Act, the
agency, In addition to any other rerredies aaallabk to Use Federal Goverment may lake action aultorued under IM Drug Finite Workplace Acl.
3. Workplaces under grants, for grantees abler than individuals dread rat be Identified on the Certification It know, they may be Identified In the grant
eradication time grantee does not Idmty Me vmrkplares al the lime of apple Lion or upon award. I(Mere Is no application. Me grainee must keep
the kentity of" workplace(s) on file M to affice ant make the Information available fa Federal Inspection Failure to Identify ad known workplaces
cemfitutes a violation of Ide grantee's drug -Are workplace requirements
4. Workplace dentifirations must Include the actual address of bukings (or pads of butdings) or bitter sites "am work under to grant lakes place
Categorical descriptions may be used (a g , an vehides of a mass transit ou hod y or State highway dependent wink In operation. State employees In
each lout unemployment office, performers n consul halls or radio cluster)
5. If Me workplace identifietl to the agency Ranges during the performance of the grant, the grantee shall Inform the agency of tie charge(s). If it
previously IdentMed the workDtams In question pee paragraph three)
6. Canadians of terms in Me Nonprocurement suspension and Debamere Common rule and Drug Free Workplace Common Cole spot, to tic celfintlw
Granlees' allention Is ceted, in parhoular, to the following definitions Ran Mesa Nas
"Controlled substance" means a conhalled substance In Schedu is I through V of the Controlled substances Act (21 U 5 C 812) ant as fuller
darned by regulated (21 CFR 1308.11 through 130015)
Conviction" meam a adding of gulf Inducting a plea of nerd conterearel or knpoarder of sentence,,e both. b, arlylucicial hotly chargM with Me
responsibility to determine viOlatOm of the Federal a State crimkml tlmg statutes.
"Criminal drug slotute" means a Federal or non Federal akndler cable mdvng the manufacture. distribution, dispenad, use or possession of any
mnlrolled substance,
'Employee' means the employee of a grantee directly engaged In to performance of wont under a grant, including (i) all direr Wrge" employees,
(ni) all "kdlred charge" ampoyeas unless Melr Impact or Involvement Is magnlfcenl to the performance d the grand. and (NI) Metaary persarinef
and eanwtants wno are dkecty engagM In the performance of work order the grant ant vMc are m Me granee's payroll. This deAnlllon does not
Include workers not an use payroll of the grantee (a g. voldvteerw, Mann If water to meet a matching reatlrement. consultants a Independent contraclars
tat an the grantee's paydA a employees of wbrecpenls or subcontractors In COMM workplaces)
1 -2
Form AD -1049 (REV 5190)
Form W -9
Request for Taxpayer identification
Irp,
A
c "nammeeauh m vlrgiaia
SubdN4 W-e Form
Number and Certification
"'
Revised July 2014
P lea se select the a pprop note Tax payer l Be ntificarhon N u holder (El N or SSN) type and
Social Security Number (SSN)
I[X
enter your 9 digit ID number. The E I N or SSN provided must match the name given
Employer Identification Number (Ell
on the "Legal Name' line to avoid backup withholding, If you do not have a Tax ID
number, please reference "Specific Instructions - Section 1." If the account is in more
5 4 6 0 0 1 5 6 9
than one name, provide the name of the individual who is recognized with the IRS as
--- - - - - --
the responsible parry,
Dunn & Bradstreet Universal Numbering System (DUNS) (see
instructions)
Legal Name:
City of Roanoke, Virginia
Y Roan oke, City of Vir inia
9
0 0 6 7 0 4 3 1 6
--- - - - - --
Business Name:
Entity Type
Entity Classification
Exemptions (see instructions)
c
.p
❑ Individual ❑ corporation
❑Professional Services ❑Medical Services
Exempt payee code
(deny) 3
.0
!❑ Sole Proprietorship ! ❑S - Corporation
❑ Political Subdivision El Legal Services
(from backup withholding)
d
-�
Ip Partnership ', ❑C- corporation
12 Real Estate Agent El Joint Venture
`u
Exemption from FATCA reporting
ry
(❑ Trust ', 0 Disregarded Entity
]4 VA Local Government ❑Tax Exempt Organization
4
code (if any):
or
f
j ❑Estate El Limited Liability Company
-0 Federal Government El 0TH Government
H
GQ
Government I,. ❑Perversive
11 VA State Agency 11 Other
(O Non -Profit 'iO Corporation
Contact Information
Legal Address: 215 Church Ave.
Name:
Daniel J. Henry
Email Address:
dan.henry@roanokeva.gov
Business Phone:
540 853 -1994
City: Roanoke State: VA Zip Code: 24011
Remittance Address: 215 Church Ave.
Fax Number:
540 853 -5451
Mobile Phone:
540 537 -5115
Alternate Phone:
City: Roanoke State: VA2ip Code: 24011
Under penalties of perjury, I certify that
1. The number shown on this form is my correct taxpayer Id entiflcation number (or I am we Ming for a number to be issued to me), and
G2.1
am not subject to backup withholding because: (a) I am exempt from backup withholding, or BU I have not been notified by the Internal Revenue
—
Service (IRS) that l am subject to backup withholding as a result of a failure to report all Interest or dividends, or c) the IRS has notified me that l am
or
no longer subject to backup withholding, antl
3. I an a U.S. citizen or other U.S. person (defined later In general Instructions), and
y4.
The FATCA panels) entered on this form (if any) indicating that l am exempt from FATCA reporting is correct .
u
ry
Certification instructions: you must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
c
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not
0
apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual
N
retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but
you must provide your correct TIN. See instructions titled Certification
Printed Name:
hfistopher P. Morrill
Wanderlust
U.S. signature:
I
Date:
Commonwealth of Virginia Substitute W -9 Form Instructions
General Instructions Nonresident alien who becomes a resident a lien.
Generally, only a nonresident alien Individual may
Section references are to the Internal Revenue Code use the form, ofe taxtrearyto reduce or eliminate
unless otherwise noted. U.S. tax on certain types of income. However, most
tax treaties contain a Provision known as a "saving
Future developments. The IRS has created a page clause." Exceptions specified in the saving clause
on IRS. gov for information about Form W -9, at may permit an exemption from tax to continue for
www.irs.govv /w9. Information about any future certain types of Income even after the payee has
developments affecting Form W -9 (such as otherwise become a U.S. resident alien for tax
legislation enacted after we release It) will be purposes .
posted on that page.
Purpose of Form
A person who is required to file an Information
return with the IRS must obtain your correct
taxpayer identification number (TIN) to report, for
example, income paid to you, payments made to
you in settlement of payment card and third party
network transactions, real estate transactions,
mortgage Interest you paid, acquisition or
abandonment of secured property, cancellation of
debt, or contributions you made to an IRA.
Use Form W -9 only If you are a U.S. person
(Including a resident alien), to provide your correct
TIN to the person requesting it (the requester) and,
when applicable, to
1. Certify that the TIN you are giving is correct (or
you are waiting for a number to be issued),
2. Certify that you are not subject to backup
withholding, or
3. Claim exemption from backup withholding If you
area US. exempt payee. If applicable, you are also
certifying that as a U.S. person, your allocable share
of any partnership income from a U.S. trade or
business is not subject to the withholding tax on
foreign partners' share of effectively connected
income, and
4. Certify that FATCA codes) entered on this form
(If any) indicating that you are exempt from the
FATCA reporting, is correct.
Definition of a U.S. person. For federal tax
purposes, you are considered a US. person if you
are
• An individual who Is a U,S. citizen or US. resident
alien,
If you are a U.S. resident al ten who is relying on an
exception contained in the saving clause of a tax
treaty to claim an exemption from U.S. tax on
certain types of income, you must attach a
statement to Form W -9 that specifies the following
five items.
1. The treaty country. Generally, this must be the
same treaty under which you claimed exemption
from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty
that contains the saving clause and Its exceptions.
4. The type and amount of Income that qualifies for
the exemption from tax.
5. Sufficient facts to justify the exemption from tax
under the terms of the treaty article.
Example. Article 20 of the U.S: China income tox
fresh, allows an exemption from tax for scholarship
income received by a Chinese student temporarily
present In the United States. Under US. law, this
student will become a resident alien for tax
purposes if his or her stay in the United States
exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.5 -China treaty (dated
April 30, 1984) allows the provisions of Article 20 to
continue to apply even after the Chinese student
becomes a resident alien of the United States. A
Chinese student who qualifies for this exception
(under paragraph 2 of the first protocol) and is
relying on this exception to claim an exemption
from tax on his or her schola rshlp or fellowship
income would attach to Form W -9 a statement that
Includes the Information described above to
support that exemption.
• A partnershl p, corporation, company, or
association created or organized in the United If you are a nonresident a lien or a foreign entity,
States or u nde r the laws of the United States, give the requester the appropriate completed Form
• An estate (other than a foreign estate), or W -8 or Form 8233.
•A domestic trust (as defined In Regulations section What is backup withholding? Persons making penalties
payments from fishing boat operators. Real estate
transactions are not subject to backup withholding.
You will not be subject to backup withholding on
payments you receive if you give the requester your
correct Tl N, make the proper certifications, and
report all your taxable interest and dividends on
your tax retu to
Payments you receive will be subject to backup
withholding if
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see
Section 2 Certification — Page 3 for details),
3. The IRS tells the requester that you furnished an
incorrect TIN,
4. The IRS tells you that you are subject to backup
withholding because you did not report all your
Interest and dividends on your tax return (for
reportable interest and dividends only), or
5. You do not certify to the requester that you are
not subject to backup withholding under 4 above
(for reportable interest and dividend accounts
opened after 1983 only).
Certain payees and payments are exempt from
backup withholding. See Exempt payee code on
page 3 and the separate Instructions for the
Req nester of Form W -9 for more information.
What is FATCA reporting? The Foreign Account Tax
Com all lance Act (FATCA) requires a participating
foreign financial institution to report all United
States account holders that are specified United
Slates persons. Certain payees are exempt from
FATCA reporting. See Exemption from FATCA
reporting code on page 3 and the Instructions for
the Req uestor of Form W -9 for more Information.
Updating your Information
You must provide updated information to any
person to whom you claimed to be an exempt
payee if you are no longer an exempt payee and
anticipate receiving reportable payments In the
future from this person. For example, you may need
to provide updated information If you are a C
corporation that elects to be an 5 corporation, or if
you no longer are tax exempt. In addition, you must
furnish a new Form W -91f the name or TIN changes
for the account, for example, If the grantor of a
grantor trust dies.
301.7701 -7).
certain payments to you must under certain
Failure to furnish TIN. If you fail to furnish your
Foreign person. if you are aforeign person or the
conditions withhold and pay to the IRS percentage
correct TIN to requester, you are subject tea
US. branch of a foreign bank that has elected to be
of such payments. This is called "backup
penalty of $50 for each such failure unless your
treated as a U.S. person, do not use Form W -9.
withholding." Payments that may be subject to
failure is due to reasonable cause and not to willful
Instead, use the appropriate Form W -8 or Form
backup withholding Include interest, tax- exempt
neglect.
g
8233 (see Publication 515, Withholding of Tax on
interest, dividends, broker and barter exchange
Nonresident Aliens and Foreign En[i[ies).
transact ions, rents, royalties, nonemployee pay,
Civil penalty for false information with respect to
payments made in settlement of payment card a nd
withholding if you make a false statement with no
third party network transactions, and certain
Commonwealth of Virginia Substitute W -9 Form Instructions
reasonable basis that results In no backup your ITIN( IRS Ind lvidua l Taxpayer Identification "doing business as(DBA) "name on the "Business
withholding, you are subjectto a 5500 penalty. Number). Name" line.
d. If you are a Sole Proprietor, check the 'Social Partnership. A partnership is an entity reflecting
Criminal penalty for falsifying information. Willfully Security Number (SSN)" box and enter the SSN of
falsifying certifications or affirmations may subject relationship existing between two or more persons
the sole proprietor. who join to carry on a trade or business. Enter the
you to criminal penalties including fines and/or e. If on are a Single- Member LLC that is
imprisonment partnerships a should name on the "Legal Name"
disregarded as an entity, check the "Social Security line. This name should match the name shown on
Misuse of TINS. if the requester discloses or uses Number(SSN) " box and enter the member's SSN. the legal document creating the entity. YOU may
TINS in violation of federal law, the requester may Note: If an LLC has one owner, the LLC 's default tax enter your business, trade, or "doing business as
be subject to civil and criminal penalties. status Is "disregarded entity ". If an LLC has two IDEA) name on the "Business Name' line.
owners, the LLC's default tax status is "partnership".
Specific Instructions If an LLC has elected to be taxed as a corporation, it Trust. A legal entity that acts as fiduciary, agent or
m ust file IRS Form 255315 Corporation) or IRS Form trustee on behalf of a person or business entity for
Section l- Taxpayer Identification 8932(C Corporation). the purpose of administration , management and
Check the appropriate Tax Identification Number the eventual transfer of assets to a beneficial party.
(TIN) type. Enter your EIN /SSN in the space Vendors are requested to enter their Dunn and Enter the name of the legal entity on the "Legal
provided. If you are a residentalien and you do not Bradstreet Universal Numbering System (DUNS), if Name" line.
have and /or are not eligible to get an SSN, your TIN applicable. See number requirement below.
Estate. A separate legal entity created under state
is your IRS Individual taxpayer identification number Dunn and Bradstreet Universal Numbering System law solelyto transfer property from one party to
(ITINT Enter it in the social security number box. If ( DUNS) number requirement. The United States another. The entity is separated by law from both
you do not have an ITIN, see How to get a TIN Office of Management and Budget (OMB) requires the grantor and the beneficiaries. Enter the name
below. all vendors that receive federe l gra at funds have of the legal entity on the "Legal Name" line
Howtogeta TIN. Ifyou do nothavea Tl N, apply their DUNS number recorded with and
r granting agency. Political Subdivision not any any State, any
for one lmmetlia[ely. TO apply for an SSN, get Form subsequently eported [o the tin aenc if Political Subtlivision of any State, any Agency or
55 -5, Application for a Social Security Card, from cc otractor has in piltiple DO NS no m hers the Imam mentality of a State or of a Political
your local Social Security Administration office Get contractor should provide the Per mart' n umber Subdivisio n of a State.
Form W -0, Application for IRS Individual Taxpayer listed with the Federal government's Central
Identification No m bar, to apply for an ITl N or Form Contractor Registration(CCM at www.ccr. gov. Any Non -Profit. An organization that is organized and
SSA Application for Employer Identification entity that does not have a DUNS number can apply operated exclusively for exempt purposes and none
Number, to apply for an EIN. Youcanget Forms W -for one on -line at hit '// db comLusLunder of its earnings may inure to any private shareholder
)antl SS -4 from the IRS by calling I 800 -TM FORM the DNB D -U -N Number Tab or individual.
(1- 800- 829 -36]6) or from the IRS's Internet Web Legal Name. If you are an individual, you must Corporation. A company recognized by law as a
Site www.irs.eov gene rally enter the name shown on yo ur social single body with its own powers and liabilities,
security card. However, if you have changed your
last name, for Instance, due to marriage without
informing the Social Security Administration of the
name change, enter your first name, the last name
shown on your social security card, and your new
last name. If the account is in joint names, list fl rst
and then circle the name of the person or entity
whose number you enter in Part I of the form. If you
are using a name other than that wh lch is listed on
a Social Security Card, please enter the legal entity
name as filed with the IRS. In general, enter the
name shown on your Income tax return. Form
enter a Disregarded Entity Name on this line.
Business Name. Business, Disregarded Entity,
trade, or DBA ( "doing business as ") name.
Entity Type. Select the appropriate entity type.
Individual. If you are an Individual, you must
generally enter the name shown on your income tax
return.
Sole proprietor. Enter your individual name as
shown on your social security card on the "Legal
Name' line. You may enter your business, trade, or
If you do not have a TIN, apply for a TIN
Immediately, write "Applied For" in the space for
the TIN, sign and date the form, and give it to the
requester. For Interest and dividend payments, and
Certain payments made with respect to readily
tradable instruments, generally you will have 60
days to get a TIN and give It to the requester before
you are subjectto backup withholding on
payments. The 60 -day rule does not apply to other
types of payments. You will be subject to backup
withholding on all such payments until you provide
your TIN to the requester. Note: Writing "Applied
For' means that you have already applied fare TIN
or that you intend to apply for one soon.
Enter the TIN which coincides with the ill
Nome' provided on the form.
a. If you are an individual, check the "Social
Security Number (SSN)" box and enter the SSN.
IS If you area Grantor or Revocable Trust, check
the "Social Security Number (SSN)' box and enter
the 55N of the Grantor.
c. If you area Resident Allen, check the "Social
Security Number (SSN)" box and enter your SSN or
separate from those of the individual members.
Enter he entity's name on the "Legal Name" line
and any trade or "doing business as IDEA)" name on
the "Business Name" line.
S- Corporation. A corporation that is taxed like a
partnership: a corporation In which five or fewer
people own at east half the stock. Enter the
entity's name on the "Legal Name" line and any
trade or "doing business as IDEA)' name on the
"Business Name" line.
C- Corporation. A business that is taxed as a
separate entity a business taxed under Subchapter
C of the Internal Revenue Code and legally distinct
from its owners. Enter the entity's name on the
"Legal Name" line and any trade or "doing business
as (DEAL " name on the "Business Name" line.
Limited liability Company (LLC). An LLC with at least
two members is classified as a partnership for
federal income tax purposes unless it files Farm
8832 and affirmatively elects to be treated as a
corporation. Enter the name of the partnership or
corporation. An LLC with only one member is
treated as an entity disregarded as separate from its
owner for income tax purposes (but as a separate
Commonwealth of Virginia Substitute W -9 form Instructions
entity for purposes of employment tax and certain
excise taxes), unless it files Form 8832 and
affirmatively elects to be treated as a corporation.
If you are a single- member LLC (including a foreign
LLC with a domestic owner) that is disregarded as
an entity separate from its owner, enter the
owners name on the 'Legal Name" line. Caution'.
A disregarded domestic entity that has a foreign
owner most use the appropriate Form W -8.
Entity Classification, Select the appropriate
dassifcntion type.
Contact Information. Enter your contact
information.
Enter your Legal Address. Enter your Remittance
Address. A Remittance Address Is the location in
which you or your entity receives business
payments.
Enter your Business Phone Number. Enter your
Mobile Phone Number, if applicable. Enter your Fax
Number, if applicable. Enter your Email Address.
For clarification on IRS Guidelines, see wwr irs.gov.
Exemptions
If you are exempt from backup withholding and /or
FATCA reporting, enter in the Exemptions box, any
codes) that may apply to you See Eddrampayee
code and Exemption from FATCA reporting code
below.
Exempt payee code. Generally, individuals
(including sole proprietors) are not exempt from
backup withholding. Corporations are exempt from
backup withholding for certain payments, such as
interest and dividends. Corporations are not
exempt from backup withholding for payments
made in settlement of payment card or third party
network transactions.
6 - A dealer In securities or commodities required to
register In the United States, the District of
Columbia, or a possession of the United States
7 - A futures commission merchant registered with
the Commodity Futures Trading Commission
A- An organization exempt from tax under section
501(a) or any Individual retirement plan as defined
in section 7701(a)(37)
B - The United States or any of'rts agencies or
Instrumentalities
8- Areal estate investmenttrust C state, the District of Columbia,a possession of
9- An entity registered at all times during the tax the United States, drafty ofthor political
year under the Investment Company Act of 1940 subdivisions or instrumentalities
10- A common trust fund operated by a bank under D- A corporation the stock of which is regularly
section 584(x)
traded on one or more established securities
11- A financial institution
markets, as described in Reg. section 1.1472-
12- A middleman known In the investment
1(c)(1)(0
community as a nominee or custodian
E- A corporation that is a member of the same
13- A trust exempt from tare under section 664 or
expanded affiliated group as a corporation
described in section 4947
described in Reg. section 1.1472- 1(c)(1)(i)
501(a), any IRA, or a custodial account under
F- A dealer In securities, commodities, or derivative
The following chart shows types of payments that
financial instruments (including notional principal
maybe exempt from backup withholding. The chart
contracts, futures, forwards, and options) that Is
applies to the exempt payees fisted above, 1
registered as such under the laws of the United
through 13.
States or any state
transactions and
G - A real estate Investment trust
IF the pamewh is ar...
7xsx tM1e payment k exempt for..
m\eren and dw.drnd
All exam or payees except for
payments
2 However, the following payments made to a
Broker bansacions
Exempt payees] \FrougM14 antl6
from backup withholding:
through 11 and all C corporation:.
1 -An organization exempt from tax under section
S corporations must not enter an
501(a), any IRA, or a custodial account under
mpt payee code because they
section 403(6)(7) ifthe account satisfies the
are exempt only for sales of
requirements of section 401(f)(2)
vered securities m
es acgred
2- The United States or any of its agencies or
prior to 2012.
Barter exchange
Exempt payees lth—ghA
transactions and
persons submitting this form for accounts
aourb edividends
maintained outside of the United States by certain
Payments over $600
Generally. exempt Payee$1
required to be reported
through S'
and direr[ sales over
the United States, you may leave this field blank.
000-
Consult with the person requesting this form if you
Payments made In
Exempt payees l through
settlement f payment
am or m and party
network transactions
Note. If you are exempt from backup withholding,
'See Form 1099 -MISC, Miscellaneous Income, and
you should still complete thisform to avoid possible
its instructions,
erroneous backup withholding.
2 However, the following payments made to a
Thefollowing codes identify payees that are exempt
corporation and reportable on Form 1099 -MISC are
from backup withholding:
not exempt from backup withholding. medicaland
1 -An organization exempt from tax under section
health care payments, attorneys'fees, gross
501(a), any IRA, or a custodial account under
proceeds paid to an attorney, and payments for
section 403(6)(7) ifthe account satisfies the
services paid by a federal executive agency .
requirements of section 401(f)(2)
Exemption from FATCA reporting code. The
2- The United States or any of its agencies or
following codes identify payees that are exempt
instrumentalities
from reporting under FATCA. These codes apply to
3 -A state, the District of Columbia, a possession of
persons submitting this form for accounts
the United States, or any of their political
maintained outside of the United States by certain
subdivisions, or instrumentalities
foreign financial institutions. Therefore, If you are
4- A foreign government or any of its political
o my submitting thl s form for an account to a hold in
subdivisions, agencies, or instrumentalities
the United States, you may leave this field blank.
S - A corporation
Consult with the person requesting this form if you
are uncertain if the financial institution Is subject to
these requirements.
H -A regulated investment company as defined In
section 851 or an entity registered at all times
during the tax year under the Investment Company
Act of 1940
1- A common trust fund as defined in section 584(a)
1- A bank as defined in section 581
K -A banker
L - A trust exempt from tax under section 664 or
described In section 4947(a)(1)
M - A tax exempt trust under a section 403(6) plan
or section 457(g) plan
Section 2 - Certification
To establish to the paying agent that your TIN is
correct, you are not subject to backup withholding,
or you are a U.S. person, or resident alien, sign the
certification on Form W -9. You are being requested
to sign by the Commonwealth of Virginia.
For a joint account, only the person whose TIN is
shown In Part I should sign (when required).
Real estate transactions. you must sign the
certification you may cross out Item 2 of the
certification.
Submission:
Commonwealth Vendor Group
Post Office Box 1971
Richmond, VA 23218 -1971
CVG@)doa.virginia.gov
804.823.2701 (fax)
Grant Number 15UCF24
Legislative Information
As part of our continuing process to inform legislators about the fantastic projects being
accomplished in Virginia we need the information below.
Please list the Virginia State Senators, Representatives, and US Congressmen and their
corresponding District numbers within all Districts affected by your grant.
but) //www.housc.gov'
State
Representatives
District Number
tarn : //conview.state.va.us/whosmy.nsf/main?openform
Delegate Christopher T. Head
17
Delegate Sam Rasoul
11
State Senators
District Number
http://apps.lis .vir inia. ov /sfbl /Senate/Tele honeListas x
Senator John S. Edwards
21
US Senators
Senator Tim Kaine
Senator Mark R. Warner
US Congressman
District
Number
Congressman Bob Goodlatte
6
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40319 - 081715.
A RESOLUTION approving a Public Art Action Plan for FY2016.
BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves
the Public Art Action Plan for FY2016 as outlined in the City Council Agenda Report dated
August 17, 2015, as a part of the City's Public Art Policy.
R- Punllc An Acrou PWn I'Y2 6 s 17 -I S
ATTEST:
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: Public Art Action Plan for Fiscal Year 2016
Background
On April 2, 2007, Roanoke City Council adopted the Public Art Site Plan by
Resolution No. 37721-040207. According to the Site Plan, the Arts and Culture
Coordinator is to present an annual Public Art Action Plan (PAAP) to the
Roanoke Arts Commission (RAC), which will identify projects and establish
estimated budgets for those prospective projects. The Public Art Site Plan also
states that "Once approved by the RAC, the Public Art Action Plan is to be
submitted to the City Manager for review and then to City Council for approval'
before August 31 of each year.
At the July 21, 2015 meeting of the RAC, the Commissioners voted on and
approved the PAAP and an estimated budget for public art projects for FY 2016.
Such PAAP was then submitted to the City Manager for review. The purpose of
this report is to submit the recommendations of the RAC to City Council for
approval.
Considerations:
The current amount available in the Percent for Art Account is approximately
$119,000. For FY 2016, the RAC plans a major project under the 581 bridge
that connects southeast Roanoke to downtown and several smaller projects. As
in previous fiscal years, the RAC is maximizing the use of available funding by
collaborating with other organizations and City departments. The RAC strives to
retain a balance of at least $50,000 in the Percent for Art account for
maintenance needs of the current collection.
Therefore, the RAC recommends the following projects for the PAAP for FY
2016:
Art on the Bus - Through a partnership with Ride Solutions and Valley Metro,
pieces of art work in the City collection will again be displayed on the exterior
of up to four buses for a period of two months in the spring of 2016. In
addition, this program will include an artist or writer riding on the bus and
producing works. An honorarium will be offered to the participating artist to
produce works while riding several bus routes.
Budget - $4,000 in Percent for Art Funds
Gateway to Southeast -An artist will be hired to place art under the 581 bridge
on Tazewell Avenue. The RAC is working with representatives from the Belmont
Neighborhood Association and the Southeast Action Forum on this project.
Budget - $16,000 in Percent for Art Funds
Little Free Libraries - Six newspaper boxes donated by The Roanoke Times will
be transformed by artists into Little Free Libraries and placed around the city
with at least one in each quadrant. The RAC is partnering with Neighborhood
Services, Parks and Recreation and Roanoke City Libraries on this project.
Budget - $5,000 in Percent for Art Funds
Purchase Regional Art - The RAC will purchase up to two works to add to the
regional collection.
Budget: $5,000 in Percent for Art Funds
Recommended Action:
Adopt the attached resolution, which approves the Public Art Action Plan for
Fiscal Year 2016.
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Barbara Dameron, Director of Finance
Brian Townsend, Assistant City Manager for Community Development
Susan Jennings, Arts and Culture Coordinator
7.a a
ROANOKE
Public Art Work
Plan
Overview
�Ccd
Art on the Bus
cI It
. w
t h c. 1.
Ten Speed by Charles
Goolsby
Meander by Marcia
McDade
Little Free Libraries
tiers ; in k
Rer.reation and Roanoike Cite LkL 0 3
kR, >.
� oxes have been donated by Tl'�<,
a � ter' -- d en a ce .'
` east one will be placed in each qua(,
Littlefreelibrary. org
r
�.
Detro- 1 - _ -1 -
roject
Donated Boxes
r
F
a
Purchase Regional Art
In FY 0 4 gaps, m 7�s ����� >�,1 a "� §_�'���� were identified
and a pokcv was Os d.bi shef 'Co AC L;9
purchasing regionay art.
Thre e Pieces were added to ivh6; �Olierlxon in FY
2014 and iou, pieces :,-o 2
gg d,,p 5 x r s
iii.i ?°4"x. n_v P
our V As t cdn : me ,r ican Foil( Artist D, Rarney
were pu bha sr'.c
in FY 201
0
Gateway to Southeast
Roanoke Art Proiect
of,
Location Photos
w
Summary
p a xi(vgci eiy
$119,000
Y 2016 x e seu
Art on the guar
Lithe Free ILA. r r,vEs
Purchase Regional Art
ate�way to Southeast
• Total FY 2016 Expenses $ . t
RAC ,¢rives to keep a minimum of $509000 in the ad_
for co'H Ction maintenance purposes
•
The Roanoke Arts
Commission
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
"1'elep0one: (540) 853 -2541
F..: (540) 853-1145
S IITIANIE M. MOON REYNOLDS, MMC ' ".n.�,,�.,.a.... �....e..,...
City Clerk
Gene and Cathy Comer
5053 Gatewood Avenue, S. W
Roanoke, Virginia 24018
Ladies and Gentleman:
CECELIA T. WEBB, CMC
Acting Deputy City Clerk
August 18, 2015
Janette Lynn Burke
5047 Gatewood Avenue, S. W.
Roanoke, Virginia 24018
I am enclosing copy of Ordinance No. 40320 - 081715 providing for the acquisition of real
property rights needed by the City in connection vvith the Gatewood /McVitty Stormwater
Improvement Project ( "Project "); authorizing City staff to acquire such property rights by
negotiation for the City: authorizing the City Manager to execute appropriate acquisition
documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2015, and is in full force and effect upon its
passage.
Sincerely,
t�Z�
Stephanie M. Moon Re nolds, M C
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sherman M. Stovall, Assistant City Manager of Operations
Philip C. Schirmer, City Engineer
Robert K. Bengtson, Director of Public Works
Dwayne R. D'Ardenne, Stormwater Manager
Cassandra L. Turner, Economic Development Specialist
0)(-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40320 - 081715
AN ORDINANCE, providing for the acquisition of real property rights needed by the
City in connection with the Gatewood /MeVitty Stonmwater Improvement Project ("Project ");
authorizing City staff to acquire such property rights by negotiation for the City; authorizing the
City Manager to execute appropriate acquisition documents; and dispensing with the second
reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
'the City wants and needs certain real property rights, to include permanent
easements of variable length and width, and such other real property interests as needed, as set
forth in the City Council Agenda Report dated August 17, 2015, for the Gatewood /MeVitty
Stormwater Improvement Project, in the general vicinity of the 5000 block of Gatewood Avenue,
S.W., Roanoke, Virginia. The proper City officials and City staff are hereby authorized to
acquire by negotiation fm the City the necessary real property interests and appropriate ancillary
rights with respect to the real property parcels referred to in the above mentioned City Council
Agenda Report and any other real property parcels needed for the Project for such consideration
as the City Manager may deem appropriate. All requisite documents shall be approved as to
form by the City Attorney.
2. The City Manager is further authorized to execute appropriate acquisition
documents for the above mentioned parcel(s) for such consideration as deemed appropriate for
the necessary interests, provided, however, the total consideration offered or expended, including
costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed
the funds available in the Project's account for such purposes, without further authorization of
Council. Upon the acceptance of any offer and upon delivery to the City or appropriate
acquisition documents, approved as to form by the City Attorney, the Director of Finance is
authorized to pay the respective consideration to the owners of the real property interest
1
conveyed, certified by the City Attorney to be entitled to the same.
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. L'
' O L
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: Acquisition of Real Property Rights for Gatewood /McVitty
Stormwater Improvement Project
Background:
The Gatewood /McVitty Stormwater Improvement Project is part of the Capital
Improvement Program within the City of Roanoke. As part of the FY2016 Capital
Improvement Program, City Council appropriated $1.92 million for Stormwater
Improvements. A portion of this funding will be utilized to acquire necessary
property rights for the Gatewood /McVitty project.
This project includes the installation of stormdrain pipes and structures in the
general vicinity of the 5000 block of Gatewood Avenue, SW. This neighborhood
suffers from inadequate drainage evidenced by ponding water on private
property. Runoff from the McVitty Road public right -of -way contributes to
flooding of private properties along Gatewood Avenue. There is currently no
stormdrain system along Gatewood Avenue. As such, constructing the
proposed stormdrain system will mitigate the identified drainage problem.
In order to construct, operate, and maintain the proposed Stormwater
Improvement Project, the City will need to acquire real property rights from
private property owners.
Considerations:
City Council action is necessary to authorize the acquisition of real property
rights needed for the Gatewood /McVitty Stormwater Improvement Project. The
real property rights needed are outlined below, but are subject to minor
variation of location and extent pending final engineering design details.
Funding for acquisition of the real property rights is available in the project
account 03 -530 -3014, Stormwater Improvements.
Temporary construction and /or permanent easements of variable length and
width, and /or fee simple acquisitions are required to accommodate
construction and subsequent maintenance activities. These easements and /or
acquisitions will affect two (2) properties in the general vicinity identified above.
The City may also need to acquire various other property rights from properties
which have not yet been identified pending final engineering design details.
The two (2) properties currently identified are as follows:
Tax Map
Address
Owner
Required Property
Parcel
Rights
Number
5100526
5053 Gatewood Av, SW
Gene —C.& Ca—thy H.
Permanent Drainage
Roanoke, VA
Comer
Easement
5100527
5047 Gatewood Av, SW
Janette Lynn
Permanent Drainage
Roanoke, VA
Burke
Easement
Recommended Action:
Authorize the acquisition of any real property rights needed to construct the
proposed Gatewood /McVitty Stormwater Improvement Project, including but
not limited to the specific property rights identified in this City Council Agenda
Report, by negotiation and execution of the appropriate acquisition documents
by the City Manager, such documents to be approved as to form by the City
Attorney.
p �hris�tor P Morrill
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager
Josephus Johnson - Koroma, P.E., Civil Engineer II
Cassandra L. Turner, Economic Development Specialist
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avennq S. W., Suite 456
Roanoke,Virginia 24011 -1536
'1 ekplmnc (540) 853 -2541
Fne: (540) 853 -1145
11'PPII AN It, M. MOON REYNOLDS. M MC L: mail: elcrkLrro:mokna GOv
City Clerk
August 18, 2015
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
CECELIAT. WEBB,C'MC
Acting Deputy City Clerk
I am enclosing copy of Ordinance No. 40321- 081715 providing for the acquisition of real
property rights needed by the City in connection with the King Street Improvements
Project, authorizing the successful design -build bidder to acquire such property rights by
negotiation for the City; and authorizing the execution of appropriate acquisition
documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 3, 2015, and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: JRN Chicken Stores, Inc., 3401 Orange Avenue, N. E., Roanoke, Virginia 24012
Orange Avenue Investment, LLC, 3419 Orange Avenue, N. E., Roanoke, Virginia
24012
FW Properties, LLC, 3339 King Street, N. E., Roanoke, Virginia 24012
Springtree Health Care Center Limited, 3433 Springtree Drive, N. E., Roanoke,
Virginia 24012
Glade Creek Station LP, 3330 King Street, N. E., Roanoke, Virginia 24012
Taylor House LLC, 3404 King Street, N. E., Roanoke, Virginia 24012
Budget Motels, Inc., 3353 Orange Avenue, N. E., Roanoke, Virginia 24012
Christopher P. Morrill, City Manager
August 18, 2015
Page 2
PC: Spirit Spa Portfolio CA C- Stores LLC, 3348 Orange Avenue, N. E., Roanoke,
Virginia 24012
McDonald's Corporation, 3402 Orange Avenue, N. E., Roanoke, Virginia 24012
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sherman M. Stovall, Assistant City Manager of Operations
Philip C. Schirmer, City Engineer
Robert K. Bengtson, Director of Public Works
Dwayne R. D'Ardenne, Stormwater Manager
Cassandra L. Turner, Economic Development Specialist
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40321- 081715.
AN ORDINANCE providing for the acquisition of real property rights needed by the
City in connection with the King Street Improvements Project (`Project'); authorizing the
successful design -build bidder to acquire such property rights by negotiation for the City;
authorizing the City Manager to execute appropriate acquisition documents; and dispensing with
the second reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City wants and needs certain real property rights, to include permanent
easements of variable length and width, temporary easements, and such other real property
interests as needed, as set forth in the City Council Agenda Report dated August 17, 20t5, for
the King Street Improvements Project, at the intersection of Orange Avenue, N.E., Roanoke,
Virginia, and King Street, N.E., Roanoke, Virginia, and surrounding streets. The successful
design -build bidder is hereby authorized to negotiate for the acquisition by the City of the
necessary real property interests and appropriate ancillary rights with respect to the real property
parcels referred to in the above mentioned City Council Agenda Report and any other real
property parcels needed for the Project for such consideration as the City Manager may deem
appropriate. All requisite documents shall be approved as to form by the City Attorney.
2, The City Manager is father authorized to execute appropriate acquisition
documents tot the above mentioned parcel(s) for such consideration as deemed appropriate tot
the necessary interests, provided, however, the total consideration offered or expended, including
costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed
ed111h,111 -ue,. nl'Dmp iiphL -King S, hnprnvwuenr. Pmjao. A. 17 -I5
the funds available in the Project's account for such purposes, without further authorization of
Council. Upon the acceptance of any offer and upon delivery to the City of appropriate
acquisition documents, approved as to form by the City Attorney, the Director of Finance is
authorized to pay the respective consideration to the owners of the real property interest
conveyed, certified by the City Attorney to be entitled to the same.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
Citv Clerk.
O- AmLorv, cyui .. ngM1is- KlneS, lmprv. .... . o Pnii�w.N 17 -I5
U�
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: King Street Improvements Project - Property Rights Acquisition
Background:
Over the last year there has been a significant increase in economic
development activity at the intersection of Orange Avenue, N.E. and King Street,
N.E. As such, there are needed road improvements along King Street to help
facilitate the flow of traffic through the area. Proposed improvements include
an additional vehicular lane along with pedestrian accommodations and
drainage improvements. A portion of the funding for this project will be
provided by Virginia Department of Transportation Revenue Sharing Funds.
This project will be bid using a design -build procurement process allowing for
the ability to integrate design and construction services into a single
procurement and combine them into a single contract.
The City will need to acquire real property rights from private owners along the
project limits to construct, operate, and maintain the proposed improvements.
Considerations:
City Council action is necessary to authorize the acquisition of real property
rights needed for the King Street Improvement project. Real property rights,
such as rights of way as well as temporary and permanent easements of
variable length and width required to accommodate construction activities will
be required from the twelve (12) properties identified below. The City may also
need to acquire various other property rights involving the properties listed
below and other properties which have not yet been identified for this project.
Funding for acquisition of the real property rights is available in the project
account 08 -530 -9440, Orange Ave /King St Intersection Improvements.
Tax Map
Parcel
Number
Address
Owner
7100711
Orange Avenue, NE
jRN Chicken Stores Inc.
7100712
Orange Avenue, NE
Orange Avenue Investment, LLC
7100601
Street, NE
WSpringtree
FW Properties, LLC
7100602
in tree Drive, NE
S rin tree Health Care Center Limited
70905 01
Street, NE
Glade Creek Station LP
7090506
Street, NE
Glade Creek Station LP
7090514
Street, NE
Taylor House LLC
7090513
3404 King Street, NE
Taylor House LLC
7090510
3353 Orange Avenue, NE
Budget Motels Inc.
7090511
0 Orange Avenue, NE
Budget Motels Inc.
7150113
3348 Orange Avenue, NE
Spirit S e Portfolio CA C- Stores LLC
7150110
3402 Orange Avenue, NE
McDonald's Corporation
Recommended Action:
Authorize the successful design -build bidder of the King Street Improvements
project, on behalf of the City, to negotiate the acquisition of the real property
rights needed by the City for the construction of the proposed project,
including but not limited to public streets rights of way, permanent easements,
and temporary construction easements, from the respective property owners;
and authorize execution of the appropriate acquisition documents by the City
Manager, such documents to be approved as to form by the City Attorney.
0�rtopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Philip C. Schirmer, P.E., L.S., City Engineer
Mark D. Jamison, P.E., Manager of Transportation
d" CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Cluu'c11 Avenue, S. W., Snile 456
Roanoke, Virginia 24011 -1536
'relepOnne: (5411)85 3-3541
❑nx: (540)853 -1145
.STEPHANIE M. MOON REYNOLDS, MMC 1!' ^ „il: clm'k(ntrnnnukevu.8nv
C C.C'D:LIA'1. WEEE, CMC
City CInA Acting Deputy City Clerk
August 18, 2015
Barbara A. Dameron
Director of Finance
Roanoke, Virginia
Dear Ms. Dameron:
I am enclosing copy of Resolution No. 40322 - 081715 authorizing the City Manager to
execute the Fiscal Agent Agreement dated August 17, 2015, by and among Workforce
Investment Area III Chief Local Elected Officials Consortium, Western Virginia
Workforce Development Board, Inc., City of Roanoke, Virginia, and Roanoke Valley -
Allegheny Regional Commission; and authorizing execution of such other documents
and performance of any other actions deemed necessary to effectuate, deliver,
administer, and enforce the Agreement.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, August 17, 2015.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40322- 081715.
A RESOLUTION authorizing the City Manager to execute the Fiscal Agent Agreement
dated August 17, 2015, by and among Workforce Investment Area III Chief Local Elected
Officials Consortium (Consortium), Western Virginia Workforce Development Board, Inc.
(WDB), City of Roanoke, Virginia (Grant Recipient), and Roanoke Valley- Alleghany
Regional Commission (Commission) (Agreement); and authorizing execution of such other
documents and performance of any other actions deemed necessary to effectuate, deliver,
administer, and enforce the Agreement_
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Agreement, a copy of which is attached to the City Attorney Letter dated
August 17, 2015, that designates the Commission to serve as fiscal agent for the Consortium, the
Grant Recipient, and the WDB, as moe particularly described in the City Attorney Letter dated
August 17, 2015, is hereby approved and the City Manager is authorized to execute the
Agreement, substantially similar to a copy of the Agreement attached to the City Attorney Letter
dated August 17, 2015, and approved as to form by the City Attorney.
2. The City Manager is authorized to execute such other documents in a form
approved by the City Attorney, and to take such action deemed necessary in order to effectuate,
deliver, administer, and enforce the Agreement on behalf of the City as Gant Recipient.
ATTEST:
City Clerk.
K'.Wenseres \Workforce Fiscal Agent Agremnent 8 17 15 dow8111 /15
04 CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
�+naiidKe_ RO.ANOKE , VIRGINIA 24011 -1595
Daniel J. Callaghan TELEPHONE 540- 853 -2431
City Attorney I'AX 540.853 -1221
EMAIL cirvatry @roanokmi r,v
August 17, 2015
The Honorable David Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Timothy R. Spencer
Steven J. Talevi
David L. Collins
Heather P. Ferguson
Laura M. Carini
Assistant City Attorneys
Re: Fiscal Agent Agreement dated August 17, 2015, by and among
Workforce Investment Area III Chief Local Elected Officials Consortium
(Consortium), Western Virginia Workforce Development Board, Inc.
(WDB), City of Roanoke, Virginia (Grant Recipient), and Roanoke
Valley- Alleghany Regional Commission (Commission) (Agreement).
Dear Mayor Bowers and Members of Council:
Background
In 2003, the cities of Covington, Roanoke, and Salem, and the counties of Alleghany, Botetourt, Craig,
Franklin, and Roanoke (collectively, the Member Jurisdictions) entered into a Charter Agreement
(Consortium Charter) to create the Consortium in order to implement and coordinate workforce
investment activities pursuant to the Workforce Investment Act (WIA) within the area designated as
Western Virginia Workforce Development Area III (Area BI). Pursuant to the terms of the Consortium
Charter, the City of Roanoke was designated as Grant Recipient and the WDB was designated as fiscal
agent.
In 2014, Congress enacted the Workforce Innovation and Opportunity Act (WIOA) that repealed and
replaced the WIA and provided for transition for consortiums, such as the Consortium. One area under
consideration by the Consortium, the WDB, and the Grant Recipient was the performance of the duties of
fiscal agent as required under the WIOA. The Commission expressed an interest in providing fiscal agent
services needed for the Consortium, the Grant Recipient, and the WDB, and other additional services for
the WDB. The Member Jurisdictions reviewed the Consortium Charter and determined that certain
amendments should be made to the Consortium Charter, including designation of the fiscal agent. As of
August 11, 2015, the governing bodies of Member Jurisdictions had adopted measures approving
amendments to the Consortium Charter and had executed Amendment No.1 to the Consortium Charter.
'the Consortium, the WDB, the Grant Recipient, and the Commission have negotiated the Agreement that
sets forth the obligations and responsibilities of the parties with respect to the performance of the fiscal
agent services by the Commission. A copy of the Agreement is attached to this letter. Council action is
required to authorize the City Manager to execute, deliver and enforce the Agreement on behalf of the
Grant Recipient.
Recommendation
Adopt the resolution attached to this letter authorizing the City Manager to execute the Agreement,
substantially similar to a copy of the attached Agreement, and approved as to form by the City Attorney;
and authorize the City Manager to execute such other documents in a form approved by the City Attorney,
and to take such other actions deemed necessary to effectuate, deliver, administer, and enforce the
Agreement on behalf of the Grant Recipient.
Sincerely,
Daniel ,i. allagha
City Attorney
DJC/Isc
c: Christopher Y. Morrill, City Manager
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman Stovall, Assistant City Manager
for Operations
Barbara Dameron, Director of Finance
Troy D. Harmon, City Auditor
Stephanie Moon Reynolds, City Clerk
FISCAL AGENT AGREEMENT
BY AND AMONG
WORKFORCE INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS
CONSORTIUM, WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD, INC.,
CITY OF ROANOKE, VIRGINIA, AND
ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION
THIS FISCAL AGENT AGREEMENT' is made this 17th day of August, 2015, by and
among WORKFORCE INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS
CONSORTIUM, (the "Consortium "), WESTERN VIRGINIA WORKFORCE
DEVELOPMENT BOARD, INC., (the "WDB "), CITY OF ROANOKE, VIRGINIA, (the
"Grant Recipient"), and ROANOKE VALLEY - ALLEGIIANY REGIONAL COMMISSION
(the "Commission") (the "Agreement').
RECITALS
A. Pursuant to the Workforce Investment Act (the "WIA "), 29 U.S.C. §§ 2801 et
sue., as amended, the cities of Covington, Roanoke, and Salem, and the counties of Alleghany,
Botetoun, Craig, Franklin, and Roanoke (collectively, the "Member Jurisdictions "), through the
chief local elected officials of the Member Jurisdictions, entered into a Charter Agreement dated
July 21, 2003 (the "Consortium Charter "), to create the Consortium in order to implement and
coordinate workforce investment activities pursuant to WIA within the area designated as the
Western Virginia Workforce Development Area III ("Area II1 "). In July, 2014, Congress
enacted the Workforce Innovation and Opportunity Act ( "WIOA ") 29 U.S.C. §§ 3101, et Me ,
that repealed and replaced WIA, and provided for transition for consortiums established by
localities, local areas designated within a state, and local boards created by local governments to
implement the purposes of WIA.
B. Pursuant to the provisions of the Consortium Charter and WIA, the Consortium
established the WDB to perform all functions, responsibilities and obligations of the WDB, as set
forth in WIA.
C. The WDB is a non -stock corporation organized and existing under the laws of the
Commonwealth of Virginia and adopted bylaws dated December 2, 2005, and revised October 3,
2014. The WDB is also a tax exempt organization pursuant to Section 501 (c)(3) of the Internal
Revenue Code, as determined by the United States Department of the Treasury, Internal Revenue
Service. In accordance with its organizational documents, the purpose of the WDB is to plan and
coordinate the provision of regional workforce development services within Area Ill.
D. Pursuant to Section 8 of the Consortium Charter, the WDB is designated as the
fiscal agent for Fide I funds appropriated under WIA.
E. Pursuant to Section 8 of the Consortium Charter, the City of Roanoke, as a
member of the Consortium, was designated Grant Recipient for funds appropriated for use within
Area III.
E. The Member Jurisdictions have amended and restated the Consortium Charter
through Amendment No. I dated as of August 11, 2015 ("Amendment No.I ") to confirm that: 1)
the Member Jurisdictions established the Consortium Charter pursuant to WIA and, in
accordance with Section 15.2 -1300, Code of Virginia, (1950), as amended; 2) the Consortium
Charter constitutes a joint powers agreement, which allows the Consortium to designate and
retain a fiscal agent other than the WDB, and 3) provide such other changes consistent with WIA
and WIOA.
G. The Commission is willing to serve as fiscal agent to provide for management,
administration, and accounting for all funds allocated to Area III in accordance with this
Agreement.
H. The Consortium, the WDB, and the Grant Recipient desire to designate and retain
the Commission to serve as fiscal agent in accordance with the terms of this Agreement.
2
NOW, THEREFORE, based on the covenants and agreements set forth in these recitals,
which recitals are a material part of this Agreement, and for other good and valuable
consideration, the Consortium, the WDB, the Grant Recipient, and the Commission agree as
follows:
I. Designation of Commission as Fiscal Agent
1.1 Pursuant to the provision of the Consortium Charter, as amended by Amendment
No. 1, the Consortium hereby designates the Commission to serve as fiscal agent for all funds
allocated to Area III for the period commencing August 17, 2015, and ending June 30, 2016.
The Commission shall perform all Fiscal Agent Services as set forth in this Agreement in
compliance with all applicable federal and state laws, rules and regulations. The Commission
shall provide and perform the Fiscal Agent Services for the benefit of the Commission, the
WDB, and the Grant Recipient.
1.2 The WDB is a 501(c)(3) corporation under the Internal Revenue Code and may
obtain workforce service grants ( "Non -WIOA Grants ") other than grants allocated from WIOA
to the Grant Recipient. Pursuant to applicable law, rules and regulations (including applicable
federal guidance and guidelines, OMB Circulars, and GAAP), and required by this Agreement,
the WDB and Commission must provide for accounting ofNon -W1OA Grants separately,
allocating equitably any shared costs, between grants allocated to Grant Recipient and Non -
WIOA Grants, and ensure there is no commingling of funding streams. Additionally, funds
from W IOA grants allocated to Grant Recipient shall not be used, under any circumstances, to
pay any costs or expenditures related to any Non -WIOA Grant.
3
2. Fiscal Agent Services.
2.1 The Commission shall perform the following services (the "Fiscal Agent
Services "):
2.1.1 Receive, manage, and administer all WIOA funds allocated to and for the
benefit of Area III, including, without limitation, all funds allocated for
Adult, Dislocated Worker, Youth programs and the Business Services
Program.
2.1.2 Accept, maintain, disburse, account for, and report all funds received on
behalf of the Consortium, the WDB, and the Grant Recipient.
2.1.3 Maintain appropriate financial accounting records, including a general
ledger that accounts for all funding obligations and expenditures by
specific program.
2.1.4 Provide a preliminary Schedule of Expenditures of Federal Awards
( "SEFA ") as soon as available.
2.1.5 Provide an audited set of financial statements to the Consortium, the
WDB, and the Grant Recipient, including an audited SEFA to the Grant
Recipient within 60 days following the end of the Grant Recipient's fiscal
year but no later than the first week of September in each year.
2.1.6 Report SEFA amounts to the Federal Audit Clearinghouse in compliance
with applicable regulations.
2.1.7 Disburse funds at the direction of the WDB, provided such directives do
not violate any provision of federal or state law, rule or regulation,
including without limitation, the WIGA, regulations and rules
4
promulgated pursuant to the WIOA, OMB Circulars, or Federal
Acquisition Regulations. Prepare and submit grant reimbursement requests
in accordance with applicable regulatory guidelines.
2.1.8 Ensure compliance with all requirements of applicable laws, rules, and
regulations, including monitoring of sub - recipients and providing reports
on the results of such monitoring to the Consortium, the WDB, and the
Grant Recipient. If the Commission is unable to perform or cause staff to
perform the requisite sub - recipient monitoring, the Commission shall
contract with a reputable firm to ensure that sub - recipient monitoring is
conducted on an annual basis. The cost for such services shall be home by
the Commission.
2.1.9 Cooperate with the Consortium, the WDB, and the Grant Recipient in
compliance with applicable laws, rules and regulations.
2.1.10 Cooperate and be available to meet with personnel and external auditors of
the Grant Recipient during periodic program audits and single audits of
the Grant Recipient.
2.2 Fiscal Agent Services shall not include determination of grant recipients or
budgets for expenditures.
2.3 The Commission will exercise the degree of skill and care of a prudent financial
reporting and accounting professional. In performing the Fiscal Agent Services,
the Commission accepts responsibility for the quality, accuracy, and timeliness of
the performance of the Fiscal Agent Services by the Commission, and its
employees, subcontractors, and agents. The Commission accepts financial
5
responsibility for any error and omissions that cause harm to the Consortium, the
WEB, or the Grant Recipient, and for the full, faithful, and complete performance
of its employees, including employee theft.
2.4 The Grant Recipient will be responsible to ensure the Commission administers
funds provided to it in accordance with all applicable federal and state laws, rules,
regulations, and guidelines. If the Grant Recipient determines that the
Commission is not administering funds appropriately, the Commission shall be
responsible for reimbursement of costs finally determined to be improperly
administered, together with any interest, penalties, or fines imposed, by any
federal or state agency, board or commission.
3. Additional Services.
3.1 The Commission shall serve as the payroll and benefits administrator for all
employees of the WEB ( "Additional Services ") during the term of this
Agreement, as described in Exhibit A attached hereto and made a part hereof.
The Additional Services include payroll processing, withholding of taxes,
insurance, and other permitted expenses, wage reporting, payment for benefits,
including retirement, health care, workers compensation, and unemployment
compensation. It may also include information management, program
development, and public communications services. The WDB shall reimburse the
Commission for the WDB Employees Expenses (as this term is defined in Section
5.2 of this Agreement) in accordance with Section 5.2 of this Agreement.
3.2 The Commission shall not be, nor shall the Commission be deemed to be, the
statutory or common law employer of the WDB employees.
6
3.3 The WEB shall cooperate with the Commission in providing the Additional
Services, including the provision of time and leave records of WDB employees to
the Commission on a timely basis.
4. 1 erm of Agreement.
4.1 The term of this Agreement shall be for the period commencing August 17, 2015,
and ending on .tune 30, 2016. This Agreement may be extended for one (1) or
more additional years, beginning with the year commencing July 1, 2016, and
ending June 30, 2017„ if agreed to in writing by all Parties to this Agreement.
4.2 Notwithstanding the termination of the term of this Agreement, the Commission
shall be responsible to provide all audited statements and reports required to be
provided as a part of Fiscal Agent Services, during the period such services were
rendered, following the termination of this Agreement. All indemnity obligations
of the Commission shall survive the termination of this Agreement.
5. Compensation, Reimbursement of Expenditures, and Payment of Operating Expenses.
5.1 The Commission shall be compensated, by the WEB, on a monthly basis for
Fiscal Agent Services and Additional Services, as described in Exhibit A attached
hereto and made a part hereof, rendered under this Agreement. Total staffing
compensation to the Commission shall not exceed $49,985 during the term of the
Agreement.
5.2 1 he WDB shall reimburse the Commission, on a monthly basis, for gross payroll
expenses of the WDB that are paid by the Commission pursuant to performance
of the Additional Services. The WDB shall also reimburse the Commission, on a
monthly basis, for travel and training expenditures incurred by WDB employees
7
paid by the Commission pursuant to performance of the Additional Services (the
payroll expenses and the employee travel training expenses described in this
section 5.2 are collectively referred to as "WDB Employee Expenses "). The
aggregate amount of WDB Employee Expenses during the term of this
Agreement shall not exceed the sum of $186,230.
5.3 The WDB shall pay to the Commission. on a monthly basis, certain operating
expenses incurred by the Commission for services provided to the WDB, such as
rent for use of a portion of offices provided to the WDB, telephone, equipment
usage, and technology and software ( "WDB Operating Expenses "). The aggregate
amount of WDB Operating Expenses during the term of this Agreement shall not
exceed the sum of $50, 160.
5.4 The WDB and the Commission represent, certify, and warrant to the Grant
Recipient that (i) the amounts set forth in Sections 5.1, 5.2, and 5.3 of this
Agreement are attributable solely to funds allocated to the Grant recipient; and (it)
the amounts have been determined in accordance with all applicable laws, rules,
and regulations, including applicable Federal guidance and guidelines, OMB
Circulars. and GAAP.
5.5 Only funds allocated to the Grant Recipient will be used to pay for the services
rendered by the Commission under this Agreement, the reimbursement of the
WDB Employee Expenses, and payment of the WDB Operating Expenses. Under
no circumstance shall funds allocated to the Grant Recipient be used to pay any
other expenses.. The Commission shall be notified in writing immediately, in the
event the Consortium or the Grant Recipient receives insufficient funds from
8
funding sources that had been designated as the source for the payment for
services rendered by the Commission under this Agreement. The duty of the
Commission to perform services under this Agreement will terminate
immediately, or as otherwise agreed upon in writing, upon receipt of written
notification of insufficient funds by the Commission.
6. Ownership of Documents.
All records of the Commission relating to this Agreement and performance thereunder
(the "Consortium Records ") are official records of the Consortium and shall be subject to the
Virginia Freedom of Information Act and /or the Government Data Collection and Dissemination
Act (Va. Code §§ 2.2 -3700 et seq. and 2.2 -3800 et sec.). Fhe Consortium Records shall be made
available to the Grant Recipient and the WDB, its staff, and agents upon their request. At the
termination of this Agreement, the Consortium Records shall be transferred to the Consortium
within ten (10) business days.
7. 'termination.
This Agreement may be terminated by either party provided that sixty (60) days written
notice of intent to terminate is provided to the other parties. Should this Agreement terminate
prior to June 30, 2016, or during any subsequent term, the total amount of compensation payable
to the Commission hereunder shall be prorated over the term of this Agreement. If payments
have been made to the commission prior to notice to terminate this Agreement, the Commission
agrees to reimburse the Grant Recipient for all remaining months of this Agreement for which
services have not been provided at the aforementioned rate.
8. Intentionally omitted.
9
9. Insurance.
The Commission and the WDB shall take out and maintain during the term of this
Agreement such bodily injury, liability and property damage liability insurance as shall protect it
and the Consortium, the WDB, and the Grant Recipient from claims for damages for personal
injury, including death, as well as from claims for property damage, which may arise from its
activities under this Agreement. The specific terms, amounts, and provisions shall be in
compliance with the provision of Exhibit B attached hereto and made a part hereof.
10. Miscellaneous.
10.1 No delay or failure of any party hereto to exercise any right or power arising or
accruing upon any non - compliance or default by any party with respect to any of
the terms of this Agreement shall impair any such right or power or be construed
as a waiver thereof, except as otherwise may be herein provided. Any waiver by
any party of any covenant or condition of this Agreement to be performed by
another party shall be in writing and shall not be construed as a waiver of any
succeeding breach of any such covenant or condition of the Agreement.
10.2 This Agreement and all of the provisions hereof shall be binding upon, and shall
inure to the benefit of, the parties hereto and their permitted assigns, but neither
this Agreement nor any of the rights, interests or obligations hereunder shall be
assigned by either of the parties hereto without the prior written consent of the
other.
10.3 This Agreement shall be construed and enforced in accordance with the laws of
the Commonwealth of Virginia. Jurisdiction and venue for any legal action or
suit in connection with or arising out this Agreement shall lie in Roanoke City,
10
Virginia. The parties hereto hereby covenant and agree that any such action or
suit shall be brought only in the Circuit Court of Roanoke City, Virginia, and in
no other court.
10.4 llie obligations of the Commission are subject to the additional general terms and
conditions set forth in Exhibit C attached hereto and made a part hereof.
10.5 Phis Agreement represents the entire Agreement between the parties, and shall
not be modified except in a writing signed by all the parties. This Agreement may
be executed in two or more counterparts, each of which shall be deemed to be an
original, and all of which together shall constitute one and the same instrument.
10.6 All notices required under this Agreement shall be sent to the following
addresses, by first class mail postage prepaid, or recognized national overnight
delivery service, service fees prepaid to the following addresses:
If to Consortium: Workforce Investment Area III
Chief Local Elected Officials Consortium
c/o City of Roanoke, Virginia
Noel C. Taylor Municipal Building, Suite 461
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Attention: Director of Finance
If to WDB: Workforce Development Board, Inc.
P.O. Box 2569
Roanoke, Virginia 24010
Attention: Executive Director
If to the City: City of Roanoke, Virginia
Noel C. Taylor Municipal Building, Suite 364
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Attention: City Manager
If to the Commission: Roanoke Valley- Alleghany County Regional Commission\
P.O. Box 2569
Roanoke, Virginia 24010
Attention: Executive Director
SIGNATURES APPEAR ON THE FOLLOWING PAGES
12
IN WITNESS WHEREOF, the parties have executed this Agreement by the duly
authorized respective persons.
WORKFORCE INVESTMENT AREA III
CHIEF LOCAL ELECTED OFFICIALS
CONSORTIUM
By:
Name
WESTERN VIRGINIA WORKFORCE
DEVELOPMENT BOARD, INC.
Witness Name:
CITY OF ROANOKE, VIRGINIA
By:
Christopher P. Morrill, City Manager
ROANOKE VALLEY - ALLEGHANY
REGIONAL COMMISSION
By:_
Witness Name:
pitle:
13
APPROVED AS TO FORM:
Counsel to the Consortium
Counsel to Board
Counsel to Grant Recipient
Counsel to the Commission
14
EXHIBIT A
ADDITIONAL SERVICES PROVIDED BY THE COMMISSION AND ESTIMATION
OF TIME FOR PERFORMANCE OF FISCAL AGENT SERVICES AND ADDITIONAL
SERVICES
A. The Commission will provide Additional Services to the WDB as described in Section
3.1 of this Agreement, as requested by the WDB and the Consortium. The Additional
Services include:
a. Payroll Services: payroll processing, withholding of taxes, insurance, and other
permitted expenses, wage reporting, payment for benefits, including retirement,
health care, workers' compensation, and unemployment compensation. The
Commission shall prepare and file payroll tax returns and W -2's for the WDB. It
will also include information management, program development, and public
communications services.
b. Program and Grant Development: Assist the WDB to expand its funding so that it
can provide a broader variety of workforce programs that are customized to meet
the needs of our leading industry sectors. Provide consistent support in pursuing
additional government and foundation grants to provide focused workforce
training and apprenticeships.
c Data Tracking & Analysis: Assist the WDB in tracking and analyzing workforce
data in the region and regularly provide an update to the WDB and its partnering
organizations.
d. Communication & Outreach: Raise the profile of the WDB by developing a
customized public relations strategy and a full review of the current WDB
website, logo, and communications materials.
B. Total staffing compensation to the Commission shall not exceed $49,985 during the term
of the Agreement for performance of Fiscal Agent Services and Additional Services
under this Agreement. Below is a listing of the Commission positions that will provide
Fiscal Agent Services for the benefit of the Consortium, the WDB, and the Grant
Recipient and Additional Services for the benefit of the WDB and their estimated time
commitments:
i. Director of Finance 5 hrs /wk (260hrs /yr)
ii. Director of Partnerships & Development 3.5 hrs /wk (175hrs /yr)
iii. Director of Information Services 3 hrs/wk (I50hrs /yr)
iv. Communications Manager 3 hrs /wk (150hrs /yr)
15
EXHIBIT B
INSURANCE COVERAGE REQUIREMENTS FOR THE COMMISSION THE
WDB
A. The Commission and the WDB shall, at its sole expense, obtain and maintain, the
insurance set forth below. Any required insurance shall be effective prior to the
commencement of the term of the Agreement. The following policies and
coverages are required:
(1) Commercial General Liability. Commercial General Liability insurance,
written on an occurrence basis, shall insure against all claims, loss, cost,
damage, expense or liability from loss of life or damage or injury to
persons or property arising out of Commission's acts, errors, or omissions.
The minimum limits of liability for this coverage shall be $1,000,000
combined single limit for any one occurrence. Such coverage shall also
include Employee Dishonesty coverage in the amount of $500,000.
(ii) Contractual Liability. Broad form Contractual Liability insurance shall
include the indemnification obligations set forth in the Agreement.
(iii) Workers' Compensation. Workers' Compensation insurance covering the
Commission's statutory obligation under the laws of the Commonwealth
of Virginia and Employer's Liability insurance shall be maintained for all
its employees. Minimum limits of liability for Employer's Liability shall
be $100,000 bodily injury by accident each occurrence; $500,000 bodily
injury by disease (policy limit); and $100,000 bodily injury by disease
(each employee). With respect to Workers' Compensation coverage, the
insurance company shall waive rights of subrogation against the
Consortium, the WDB, and the Grant Recipient, and their respective
officers, employees, agents, volunteers and representatives.
(iv) Automobile Liability. The minimum limit of liability for Automobile
Liability Insurance shall be $1,000,000 combined single limit applicable
to owned or non -owned vehicles used in the performance of the Fiscal
Agent Services and the Additional Services under the Agreement and shall
be written on an occurrence basis.
B. The insurance coverages and amounts set forth above may be met by an umbrella
liability policy following the form of the underlying primary coverage in a
minimum amount of $1,000,000. Should an umbrella liability insurance coverage
policy be used, such coverage shall be accompanied by a certificate of
endorsement stating that it applies to the specific policy numbers indicated for the
insurance providing the coverages required by this section, and it is further agreed
16
that such statement shall be made a part of the certificate of insurance furnished
by the Commission to the Consortium, the WDB, and the Grant Recipient.
C. All insurance shall also meet the following requirements; unless otherwise agreed
to by the Risk Manager for the Grant Recipient
(i) "fhc Commission shall furnish the Consortium, the WDB, and the Grant
Recipient, a certificate or certificates of insurance showing the type,
amount, effective dates and date of expiration of the policies. All such
insurance shall be primary and noncontributory to any insurance or self -
insurance the Consortium, the WDB, or the Grant Recipient may have. .
(ii) The insurance covered by this certificate shall not be canceled or
materially altered, except alter thirty (30) days written notice has been
provided to the Risk Manager for the City of Roanoke, except for non-
payment of premium which shall be ten (10) days.
(iii) The required insurance coverages and certificate or certificates of
insurance (except with respect to Worker's Compensation and Employers'
Liability) shall name the Consortium, the WDB, and the Grant Recipient,
and their respective officers, employees, agents, volunteers, and
representatives as additional insureds.
(iv) Where waiver of subrogation is required with respect to any policy of
insurance required hereunder, such waiver shall be specified on the
certificate of insurance.
(v) Insurance coverage shall be in a form and with an insurance company
approved by the Consortium, the WDB, and the Grant Recipient, which
approval shall not be withheld unreasonably. Any insurance company
providing coverage hereunder shall be authorized to do business in the
Commonwealth of Virginia.
17
EXHIBIT C
GENERAL TERMS AND CONDITIONS
The following clauses are required to be in every contract entered into by the Grant
Recipient, and will be deemed to be a part of this Agreement:
a. PAYMENTS TO OTHERS BY CONTRACTOR .'Ilie Commission agrees that
Commission will comply with the requirements of Section 2.2 -4354 of the Virginia Code
regarding Commission's payment to other entities and the Contractor will take one of the
two actions permitted therein within seven (7) days after receipt of amounts paid to
Commission. Commission further agrees that the Commission shall indemnify and hold
the Consortium, the Grant Recipient, and the WDB harmless for any lawful claims
resulting from the failure of the Commission to make prompt payments to all persons
supplying the Commission with services set forth in Section 2.1.8 of this Agreement.
b. COMPLIANCE WITH LAWS AND REGULATIONS, AND IMMIGRATION
LAW. Commission agrees to and will comply with all applicable federal, state, and local
laws, ordinances, and regulations, including but not limited to all applicable licensing
requirements. Commission further agrees that Commission does not and shall not during
the performance of this Agreement: knowingly employ an unauthorized alien as defined
in the Federal Immigration Reform & Control Act of 1986.
c SEVERABILITY. If any provision of this Agreement, or the application of any
provision hereof to a particular entity or circumstance, shall be held to be invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall not be affected and all other terms and conditions of this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
d. NONDISCRIMINATION.
i. During the performance of this Agreement, Commission agrees as follows:
1. Commission will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability,
or any other basis prohibited by state law relating to discrimination in
employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Commission. Commission
agrees to post in conspicuous places, available to employees and applicants for
employment, notices selling forth the provisions of this nondiscrimination clause.
2. Commission in all solicitations or advertisements for employees placed by or on
behalf of Commission will state that Commission is an equal opportunity
employer.
18
3. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
ii. Commission will include the provisions of the foregoing subsections 1, 2, and 3 in
every subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subcontractor or vendor.
e. DRUG -FREE WORKPLACE.
During the performance of this Agreement, Commission agrees to (i) provide a
drug -free workplace for Commission's employees; (it) post in conspicuous places,
available to employees and applicants for employment, a statement notifying
employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (iii) state in all solicitations or advertisements for
employees placed by or on behalf of Commission that Commission maintains a
drug -free workplace; and (iv) include the provisions of the foregoing clauses in
every subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subcontractor or vendor.
ii. For the purposes of this section, "drug -free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contractor, the employees of whom are prohibited from engaging in the unlawful
manufacture, sale, distribution, dispensation, possession or use of any controlled
substance or marijuana during the performance of the contract.
L FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2-4343.1, be
advised that the Grant Recipient does not discriminate against faith -based organizations.
g. ETHICS IN PUBLIC CONTRACTING. The provisions, requirements, and
prohibitions as contained in Sections 2.2 -4367 through 2.2 -4377, of the Va. Code,
pertaining to bidders, offerors, contractors, and subcontractors are applicable to this
Agreement.
19
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Clon-A Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'relep0onc (540)853 -2541
fnx: (540)851 -1145
.tiI P11ANIRM. MOON REYNOLDS, MM( 6:mu11: clerk(uhomrolmvn.gov CECELIAT. WEBB, CIVIC
City Clerk Acting Deputy City Clerk
August 18, 2015
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40323 - 081715 amending Section 32 -6, Interest
rate on delinquent taxes, Article I, In General; Section 32 -19 Penalty and interest on
delinquencies - Generally, Division I, Generally, Article II, Real Estate Taxes Generally,
and Section 32 -106 Penalties and interest on delinquencies - Generally, Article III, Tax
on Tangible Personal Property Generally; of Chapter 32, Taxation, Code of the City of
Roanoke (1979), as amended, establishing the interest rate charged for all years of
delinquent taxes at ten percent (10 %) per annum consistent with applicable provisions
of the Code of Virginia (1950) as amended.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2015; and is in full force and effect upon its
passage.
Sincerely,
It
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: The Honorable Evelyn W. Powers, City Treasurer
The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Rick Kahl, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Susan Lower, Director, Real Estate Valuation
IN THE COUNCIL. OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40323 - 081715.
AN ORDINANCE amending Section 32 -6, Interest rate on delinquent taxes
Article I. In General; Section 32 -19 Penalty and interest on delinquencies — Generally,
Division 1, Generall , Article II. Real Estate Taxes Generally, and Section 32 -106
Penalties and interest on delinquencies-Generally, Article III. Tax on Tangible
Personal Property Generally; of Chapter 32, Taxation, Code of the City of Roanoke
(1979), as amended, establishing the interest rate charged for all years of delinquent taxes
at ten percent (10 %) per annum consistent with applicable provisions of the Code of
Virginia (1950) as amended; providing for an effective date; and dispensing with the
second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
I_ Section 32 -6, Interest rate on delinquent taxes, Article 1, In General Chapter
32, Taxation, of the Code of the City of Roanoke (1979), as amended, is amended to read
and provide as follows:
Sec. 32 -6. Interest rate on delinquent taxes.
(a) Interest on delinquent taxes owed to the city shall commence
in accordance with the applicable provisions of this Code
governing each particular city tax at the rate of ten (10)
percent per annum on such unpaid tax
balance.
(4* P-u£su rat-- �;ec-
a ..n, . ded, Ile - rate�f- �nteresf - 43e -ehm ed- an- �lelitxjue{ai
h�es+reved-- tc3zl,� tty- fa�}i� �o-nfl- and-- sulisec- l+tent- dear +o€
delinquene afl, be-the- same - rate - - <+f- interest -- established
Lion- 662+- of-the lineffial - R{t 4iie- Co&-of
(O(b) Interest rates imposed on delinquent taxes as provided for in
sections 19 -20, 32 -19, 32 -20, 32 -106, 32 -222 and 32 -244 of
this Code shall be determined, published and recorded in
accordance with this section.
(d)(c) For purposes of interest rate selection under the authority of
section 58 847 58.1 -3916, Code of Virginia (1950), as
amended, "year of delinquency" shall be measured by yearly
periods beginning at a tune when interest on delinquent taxes
is first assessed under the authority variously set out in this
Code.
Section 32 -19 Penalty and interest on delinquencies -- Generally, Division
1, Generally, Article 11. Real Estate Taxes Generally, Chapter 32, Taxation, of the Code
of the City of Roanoke (1979), as amended, is amended to read and provide as follows:
Sec. 32 -19. Penalty and interest on delinquencies — Generall
(a) Any person who shall fail to pay to the city treasurer on or
before October fifth and April fifth of each tax year the
quarterly installment of real estate tax becoming due on or
before such dates, respectively, as provided by section 32 -18,
shall be assessed by the treasurer and shall pay, along with
such tax, a penalty of ten (10) percent of the amount of such
unpaid tax installment.
(b) Interest at the
rew- or- me- EemmenweaH+ , , . Sou,-.. -
394A—, (' a �r *a—E4f 04, as ffiendedrate of tell
Percent (10 %) commencing on the first day of the month
following the month in which such taxes are due, shall be
assessed and collected on the principal of and penalties on all
taxes assessed by the city on real estate for each tax year,
remaining unpaid until paid.
3. Section 32 -106, Penalties and interest on delinquencies— Generally, Article
II1. Tax on Tangible Personal Property Generals Chapter 32, Taxation, of the Code of
the City of Roanoke (1979), as amended, is amended to read and provide as follows:
Sec. 32 -106. Penalties and interest on delinquencies— Generalll.
(a) Any person who shall fail to pay to the treasurer, on or before the
date due as provided by this article, the whole of the tax imposed
under this article for any tax year shall be assessed by the treasurer
and shall pay, along with such tax, a penalty of ten percent (10 %) of
such unpaid tax.
(b) In addition to such penalty, interest at the rate ten percent (10 %) per
annum shall be due on such unpaid taxes and any penalty assessed
thereon commencing on the first day of the month following the
month in which such taxes are due until paid. Imo. he .,,,,,
44.54, as
V l N R'�P�.r �r- wn*cncR -ten
years
4. This ordinance shall be in full force and effect itmnediately upon its
adoption.
5. Pursuant to §12 of the Roanoke City Charter the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Cleric
3
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAI. B111 DING
215 CHI RCI1 AVENUE, SW
ROANOKE, VIRGINIA 2401 M 595
The Honorable David Bowers, Mayor
and Members of City Council
Roanoke, Virginia
TELEPI IONE 540. 853.2431
FAX 540,853-1221
EMAII : cipatIy@roanokcca . gov
August 17, 2015
Timothy R. Spencer
Steven J. Talevi
Gary E. Tegenkamp
David L. Collins
Heather P. Ferguson
Laura M. Carini
Assistant City Attorneys
Re: Revision to Sections 32 -6, 32 -19, and 32 -106 of the City Code
Dear Mayor Bowers and Members of Council:
Background:
Pursuant to Section 58.1 -3916 of the Code of Virginia (1950) as amended, localities may, by ordinance
provide for interest to be charged at a rate not to exceed ten percent (10 %) on delinquent taxes following
the first day such taxes are due during the first year of such delinquency. Section 58.1 -3916 further
provides localities with the discretion to charge interest on such delinquent taxes at a rate not to exceed the
rate of interest established pursuant to Section 6621 of the Internal Revenue Code of 1954 ("IRC "), or ten
percent (10 %), whichever is greater, for the second and subsequent years of delinquency.
In accordance with the foregoing law, Section 32 -6 Interest rate on delinquent taxes, Chapter 32, Taxation,
Code of the City of Roanoke (1979) as amended, was amended by Ordinance No. 23693, adopted by City
Council on February 28, 1983, which established the interest rate for the first year of delinquent taxes
owed the City to be ten percent (10 %), and the interest rate for the second and subsequent years of
delinquency to be the "same rate of interest established pursuant to section 6621 of the Internal Revenue
Code of 1954, as amended..." The amendments to Section 32 -6 of the City Code, however, did not
provide that the interest rate for the second and subsequent years of delinquency would be the greater of ten
percent (10 %), or the interest rate established pursuant to Section 6621 of the IRC. Section 32 -6 does not
conform to other provisions of the City Code that reflect the appropriate interest rate.
Considerations:
The City routinely assesses interest on delinquent taxes at the rate of ten percent (10 %) per annum for all
years of delinquency, without reference to the interest rate established by Section 6621 of the IRC Section
32 -6 of the City Code as written, is, therefore inconsistent with the City's practice and other provisions of
City Code that all delinquent taxes be assessed at the rate of ten percent (10 %) for all years of delinquency,
as the rate of interest established by Section 6621 of the IRC has the potential of being greater than ten
percent (10 %). This omission appears to be an inadvertent error in that all other City Code provisions with
respect to interest on unpaid taxes provide for the greater of ten percent (10 %) or the applicable IRC rate.
Although there may be years during which Section 6621 of the IRC provides a greater rate of interest than
10 %, the City Treasurer recommends that the City maintain a Bat rate of interest at ten percent (10 %) on all
delinquent taxes. A consistent, uniform rate of interest for all years, independent of the IRC rate of
interest, provides for more efficient processing of delinquent tax claims, is less difficult to administer, and
is less burdensome on the City's tax billing software. Moreover, the rate of interest under Section 6621 of
the tRC has more often than not been less than 10% on an historical basis. In order to provide for a
uniform 10% rate of interest on delinquent taxes owed the City for all years of delinquency, several
provisions of the City Code are required to be amended.
Recommended Action:
Adopt the attached ordinance amending Section 32 -6, Interest rate on delinquent taxes, Article I. In
General, Section 32 -19 Penalty and interest on delinquencies — Generally, Division 1, Generally, Article
❑. Real Estate Taxes Generally, and Section 32 -106 Penalties and interest on delinguencies�Generally
Article BI. Tax on Taneible Personal Property Generally; of Chapter 32, Taxation, Code of the City of
Roanoke, to provide that the interest rate assessed for all years of delinquent taxes is ten percent (10 %) per
annum.
Sincerely,
Danic la'
City Attorney
DJC /Isc
c: Christopher P. Morrill, City Manager
R. Brian't ownsend, Assistant City Manager
for Community Development
Sherman Stovall, Assistant City Manager
for Operations
Evelyn Powers, City Treasurer
Sherman Holland, Commissioner of Revenue
Barbara A. Dameron, Director of Finance
David L. Collins, Assistant City Attorney
Ij CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
.' Roanoke, Virginia 24011 -1536
'1'elephune: (540)853.1541
N'ev: (5411)853 -1145
S'IEPIIAN I E M. MOON RUNOLDS, MMC E- nr. ^l: de,'k(alroanekeva.guv
City Clerk
Augustl8,2015
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
CECELIA 1. WEBB, CMC
Acting Depaty City Clerk
I am enclosing copy of Ordinance No. 40324 - 081715 authorizing the City Manager to
execute a nonexclusive and revocable license agreement with the Roanoke Valley
Broadband Authority, for the purpose of granting the Authority a license and right of
access across portions of several City owned properties and public rights of way in
order to install fiber optic cables on such properties and in such public rights of way, in
connection with the construction of the Authority's broadband internet network, a portion
of which Network will be located within the City of Roanoke, upon certain terms and
conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2015; and is in full force and effect upon its
passage.
Sincerely,
Ti-
I
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Wayne G. Strickland, Secretary, Roanoke Valley Broadband Authority, P. O. Box
2569, Roanoke, Virginia 24010
Daniel J. Callaghan, City Attorney
Wayne Bowers, Director, Economic Development
IN TI Ili C'Ot INC[ l, OP' I'll f CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40324 - 081715.
AN ORDINANCE authorizing the City Manager to execute a nonexclusive and
revocable license agreement ( "License Agreement ") with the Roanoke Valley Broadband
Authority ( "Authority "), Cor the purpose of Canting the Authority a license and right of
access across portions of several City owned properties and public rights of way in order
to install fiber optic cables on such properties and in such public rights of way, in
connection with the construction of the Authority's broadband internet network
( "Network "), a portion of which Network will be located within the City of Roanoke,
upon certain terms and conditions, and dispensing with the second reading of this
ordinance by title.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
The City Manager is authorized to execute on behalf of the City of
Roanoke, a nonexclusive and revocable License Agreement with the Authority, granting
the Authority a license and right of access across portions of City owned properties and
public rights of way, designated as Roanoke Official Tax Map Nos. 2910924, 2190922,
7230101, 1370201, 1370202, 1380101, 2370101, 2013016, and 1460101, in order for
the Authority to install conduit containing fiber optic cables and to place other necessary
overhead and underground equipment to be used in connection with the construction,
operation and maintenance of the Authority's Network, which Network will be leased by
the Authority to certain third party internet providers, such Agreement to be substantially
similar in form to the proposed Agreement attached to this report, in a form approved by
the City Attorney, and upon such terms and conditions as are more particularly described
in the City Attorney Letter to City Council dated August 17, 2015,
2. The City is hereby authorized to allow the Authority to provide a
resolution in place of the performance bond and labor and materials bond required by the
Agreement, which resolution shall obligate the Authority to take financial responsibility
for the items covered by such bonds, provided however, if the resolution is ever
cancelled, rescinded, or declared unlawful, the Authority shall be required by the City to
obtain such bonds,
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST
d ��,
�
City Clerk_
O- AWhorlx taint Inrevgove,mnenml Agre... e,M w Carillon & locvllliee forOEWS.12 -15 -14 2
kyov'wayo CITY OF ROANOKE
OFFICE OF THE CITY ATT ORNEY
_ 464 MUNICIPALRUI I. DING
-- 215 CHURCH AVENUE,, SW
ROANOKE, VIRGINIA 24011-1595
Daniel J. Callaghan TELEPHONE 540 - 853.2431
City Attorney FAX 546853 -1221
EMAII : cimne (&rotmokna.00v
August 17, 2015
The Honorable David Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Timothy R.
Spencer
Steven J.
Talevi
David L.
Collins
Heather P.
Ferguson
Laura M.
Carini
Assistant City Attorneys
Re: Authorization to execute a Nonexclusive, Revocable, License
Agreement with the Roanoke Valley Broadband Authority for the
use of certain parcels of City owned property in connection with
the construction, installation, and maintenance of a fiber optic
communications network for enhanced broadband internet service.
Dear Mayor Bowers and Members of Council:
BACKGROUND:
In 2013, the City of Roanoke, the City of Salem, Botetourt County, and Roanoke County, formed
the Roanoke Valley Broadband Authority ( "Authority"), for the purpose of bringing a fiber optic,
broadband internet network ( "Network ") to the Roanoke Valley. The proposed network will
extend a length of approximately 47 miles throughout the City of Roanoke and the City of Salem.
The estimated cost of this network will be approximately $4,500,000. Once construction and
installation of the network has been completed, the Authority will lease the Network to third party
entities which will provide internet services to such third parties' customers, which will initially
be comprised of business parks, large institutions, government facilities and businesses. The
internet services the Authority's network will enable will provide those customers with access to a
larger choice of affordable, alternative internet providers. Internet services to residential
customers may be provided at a later date.
The Authority has requested the City to grant the Authority a license and right of access involving
portions of several City owned properties in order to construct and install that portion of the
Network which will be located within the City of Roanoke. The City owned parcels and rights of
way to which the Authority has requested a license consists of portions of Roanoke Official Tax
Map Nos. 2910924, 2190921 7230101, 1370201, 1370202, 1380101, 2370101, 2013016, and
1460101.
CONSIDERATIONS:
Me development of the Network is in the best interests of the City and its citizens in providing
access to the Internet, and is critical to the economic development of the City and the Roanoke
Valley. The Authority and the City have developed a license agreement containing terms and
conditions for the purpose of allowing the Authority access to the above described City owned
parcels and rights of way to construct, install, and thereafter maintain the network. The proposed
License Agreement with the Authority is revocable and nonexclusive, with an initial term of one
year, thereafter continuing on a month to month basis. The License Agreement may be terminated
by the City for any reason, upon sixty days written notice. A copy of the proposed License
Agreement is attached to this letter. While the proposed licensed agreement required the
Broadband Authority to obtain a performance bond and a labor and materials bond, City
administration, at the request of the Authority, recommends that the Authority be allowed to
substitute a resolution adopted by the governing board of the Authority obligating the Authority to
take financial responsibility for the items covered by such bonds in order to reduce the Authority's
expenses. This alternative approach is a departure from the standard practices and requirements
of the City. Allowance of a resolution in place of such bonds by the Authority is warranted in
this proposed License Agreement only for several reasons, including (1) the City Manager is a
member of the governing body of the Authority; (2) the Authority will have a limited need to
have rights on the City owned parcels and public rights of way; (3) the City currently provides
financial support to the Authority; and (4) the City of Salem is also providing similar support and
assistance to the Authority.
RECOMMENDATION:
Authorize the City Manager to execute a license agreement with the Roanoke Valley Broadband
Authority to construct and install that portion of the Network across portions of the City owned
parcels described above, such agreement to be substantially similar to the terms and conditions of
the License Agreement attached to this letter, and any additional documents determined to be
necessary in connection with the License Agreement. All such documents shall be upon form
approved by the City Attorney.
Sincerely,
�-
Daniel J. Ilagha
City Attorney
DJC /Isc
c: Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman Stovall, Assistant City Manager
for Operations
Barbara Dameron. Director of Finance
Troy D. Harmon, City Auditor
Stephanie Moon Reynolds, City Clerk
DRAFT 8 /12/15
NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT FOR THE PLACEMENT
OPERATION, AND MAINTENANCE OF BROADBAND FIBER OPTIC LINES
This NoneSCluslNe, Rev ocable License Agreement("License "or Agreement-) is made and entered
into this day of August 2015, by and between the City of Roanoke. Virginia. a Virginia
municipal corporation (" CitN- or 'Licensor"'), and the Roanoke Valle) Broadband Authority, an
authority created pursuant to the Virginia Wireless Set ice Authorities Act, Chapter 54.1 of itic
15.2 of the Code of Virginia (1950). as amended (-Licensee'). whose address is Roanoke ValleN
Broadband Authority c Roanoke Vallee- Alleghany Regional Commission. 313 Luck Ave., S.W'..
Roanoke. VA 24016.
RECITALS:
W I H- RkAS, pursuant to the laws of the Commonwealth of Virginia. and the ordinances of the City
of Roanoke, Virginia. the Licensor has the authority to use the public rights of way within the City of
Roanoke, and to grant licenses for the use thereol,
WI IFREAS. the Licensee desires to place and to install fiber optic lines and related equipment. in
on. across, and under certain portions of the Licensor's puhlis rights of and other C hN propertti,
farther identified herein. for the purpose of constructing, installing. and thereafter maintaining a fiber
optic communications network to make available enhanced internet service within the localities that
comprise the Roanoke Valtcy Broadband Authority. and has requested Licensor to grant and
com ey a nonexclusive. revocable license to Licensee for such purposes: and
UIIFRI,AS, the Licensor is agreeable to licensing Licensee the right to enter and to use the
Licensor s rights -of- oay and other CuN propenN. subject to certain temps and conditions hereinafter
set out, and subject to am Telecommunications Regulatory Ordinance and LicenseTranchise
Agreement. or other laws, ordinances and regulations that may be adopted b} the Cin in the future.
NOW. fIIFRF PORE. in consideration ofthe mutual promises and covenants herein contained, the
above recitals which are incorporated herein by reference. and other good and callable
consideration, the City and Licensee agree as follows:
Section 1: Grant of Nonexclusive License and Licensed Area.
(A) Licensor hereby grants Licensee a nonexclusive revocable license for the
construction. installation, operation, and maintenance, of fiber optic lines. facilities, appliances and
related equipment. and other telecommunication facilities and no facilities , together with the
right of access, in_ on. under. and across certain portions of the Licensors puhhc rights o(\vaN and
other Cz owned propcitV. designated as portions of Roanoke Official Tax Map Nos. 2910924,
21909" 7330101. 1370201. 1370202. 1380101. 2770101.2013016_ and 1460101 (collectivcly
described us the Ticensed Area')- The Licensed Area is further described on the plats attached as
I[xhihit A. dated Juk 20 ,'_06. attached hereto and incorporated he reference Licensee agrees that
,mc A moll- IlnmJhvnJ AVIV„ IN- I_- IiAU-.w1
it ma} not use the Licensed Area for and other purpose other than for the purpose of providing
constructing, installing. and thereatler maintaining a fiber optic communications network to make
available enhanced Internet service Ncithin the fatalities that comprise the Roanoke Valley
Broadband .Authority.
(I3) the parties acknowledge and agree that the precise boundaricsofthe l icensed Areahavenot
been delineated as of the date of this Agreement. An estimate of the boundaries of the Licensed Area
arc prelimim ii described on the attached Exhibit A. The parties agree that the precise boundaries
of the Licensed Area will not become final until construction of the Telecommunication facilities
and Overhead facilities, as those terms are defined herein, has been completed by Licensee. anvhich
time a final Exhibit A will be substituted. Licensee agrees to provide the City Manager with the
proposed design and construction plans for all work to be perfomcd by Licensee within the Licensed
Area. prior to commencement of ant Noork within the Licensed Area. Licensee agrees that no work
shall be performed by Licensee or its contractors. agents, and assigns within the Licensed Area until
it receives the Cites NNrhten approval of such design and construction plans. I he final Exhibit A
shall proNide a detailed route diagram and detailed description of all facilities, appliances. their
location, and construction requirements which it anticipates Neill be used for its fiber optic cable or
cables to he installed NNithin the Liccnscd Area. "fhe parties agree ho%%cN'cr, that in no event. shall the
boundaries of the Licensed Area exceed 101eet in Ncidth. loom the centerline Of the Licensed Area
across portions of each ofthe parcels described above oNencd by Licensor, as shoNCn on the attached
HxhibitA. Animentorgo(the Telecommunication facilitiesand Overhead lacilitiesand suchother
property owied by Licensee to be placed within the Licensed Area as of the date of this License is
attached hereto as Lxhibit B. LICCuSee agrees to update this Exhibit B as additional facilities are
added mthin the Licensed Area
(C) Phis Agreement is nonexclusive. and the City spec ifi cal IN reserves the right to grant other
licenses. franchises. or other rights as it deems appropriate for other telecommunications systems.
Internet. or facilities or any other purposes in accordance with the law.
Section 2: Definitions.
Eor the purpose of this Agreement, and the interpretation and enforcement thereof the following
words and phrases shall have the lolfo%%ing meanings-, unless the context of the sentence in which
they are used shall indicate otherwise:
rliale" means a person that directl% m indirectly, through one or more intermediaries, owns.
controls. is o%Cned or controlled bv, or is under common oNNnership or control with another person.
CableAct" shall mean the Cable Communications Police Act of 1984. 47 u1.SC. § 432, el seg., as
now and hereafter amended.
"Cable service" for the purpose of this Agreement shall hate the same meaning provided by the
Cable Act.
"Ci�P"IueallN the Cite of Roanoke. Virginia. and NNhere appropriate, its ofticea, agents, eniployces
and of unteers.
I I. nII Aurecmenl- IAOadhIId A Ill cnI.IS -121 a1 ean Jac
"City Manager " means the Cits- Managcr of the City of Roanoke or his designee
"Cite property" means and includes all real propertc oscned by the Cite, other than public streets and
utilitc casements, as those terms are defined herein, and all propertc held in a proprietary capacity by
the CaNc schich are not suhject to right- oGxcay licensing and franchising as provided in this
Agreement.
"Conlin unication.s Act" means the Communications Act of 1930, as amended by the
Telecommunications Act of 1996. Pub. L. No 104-104, 110 Stat. S6. and as ma_v be amended from
time to time.
"Conduit means any materials such as the metal or plastic pipe that protects wire, cable, Tines. fiber
optic cable, or other technology for the provision of telecoaununi cation service.
"Duct" mean' a pipe, tube, channel or similar item for carry ing wires, lines, cables. fiber optic cable.
or other technolo_y for the provision of telecommunications service.
"Excess capacity" means the volume or capacit} in any existing or future duct. inner duct, conduit,
manhole. handhole or other utility facility within the public rcay that is, or will be. aN ailable for use
for additional telecommunications facilities
"FCC" or -Federal Communications Commission "means the Fedeal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications can iers. sen ices and
providers on a national Icvcl.
"Licensed Area" means the portions of City property, including but not limited lo, public
streets. and public ways. that the Licensee is being licensed to use by Licensor pursuant to this
Agreement. and as further described on Fxhihit A.
"Licensee" means any person receiving any authorization pursuant to the terms and provisions of
this Agreement, including a Licensee or Franchisee.
"Licensor" means the Cite of Roanoke. Virginia.
"Maintenance " means any effort or expenditure taken or made by a Grantee to preserve. repair- or
improve existing telecommunications facilities or infrastructure in accordance with generally
accepted industry standards.
"Other ways "mcuns the highway s, streets, alleys. utility easernents mother rights -of -way within the
Cih. but under the urisdiction and control of a governmental endue other than the City.
"Overhead .fncilities "means utility poles. utilitc facilities and telecommunications facilities located
above the surface of the ground. including the underground supports and foundations for such
facilities. to which env of the Licensees Telecommunications Facilities arc attached.
"Person" means any natural person. corporation. compam. association. 'Joint stock compum or
association, firm, partnership, limited liabilit companN.Joint venture. trust. individual and am other
legally recognized entity, private or public. whether lot profit or not - for - profit and includes the
officers, agents, emplovecs or representatives of such entitc where appropriate.
"Public street" means the surface of and the space above and below anv public street, road. highway.
avenue, sidewalk, way. bridge. viaduct. alley or other public rig
ht - of =way_ including non -paved
surfaces. nowor hereafter held bythe Cav for the purpose of public travel. communications. alarm.
street lighting, power distribution. or similar public use.
"Public reap "means and includes all public streets and utility easements, as thoseterms are defined
herein, now or hereaf ter held or control led by the City. but only to the extent of the City's right, title,
interest or authority to grant a I- icatse or Franchise to occupy and use such streets and easements for
telecommunications facilities.
":State" or "Conunonwealth "means the Commonwealth of Virginia.
"State Corporation Commission" means the State aclminislrative agency. or lawful successor,
authorized to regulate and oversee telecommunications carriers, services and providers in the
Commonwealth of Virginia.
"Surphts apace" means that portion of the usable space on a utilih, pole which has the necessary
clearance from other pole users and the ground surface. as required by the orders and regulations of
the State Corporation Commission or other regulators entity. to allow its use by a
telecommunications carrier for a pole attachment.
"Telecommunications carrier" means and includes evert person that directly or indirectly owns,
controls. operates or manages plant, circuits, equipment or property within the City, used or to be
used for the pupose of offering telecommunications service.
"Teleconnnanications facilities "means the plant. equipment and property, including hilt not limited
to, fiber optic cables. cables, lines. wires. conduits, ducts, circuits, pedestals, antennae, electronics
and other appurtenances or technology used or to be used to transmit. receive. distribute, provide or
offer telecommunications sen ices in connection with the provision of broadband internet services
onh. to which am of the Licensee's "felecommunicutions Facilities are attached.
"Telecommunications provider" means and includes every person who provides
telecommunications service over telecommunications facilities without any ownership or
management control of the telecommunications facilities.
"Telecommunications service or.services" means the providing or offering for rent, sale or lease. or
in exchange for other value received. the transmittal of signals. including but not limited to voice.
data. image graphic or video or other progrannning information hetween or among points by wire,
lines cable, fiber optics, circuits, laser or infrared, nticrosvas'e. radio. satellite or other
telecommunications facilities. in connection with the provision of broadband internet services onk.
"Teleeonnnunirntions sgstenr "ViconsTeleconuutenicatiotufaci lines "anrl "Overheadfacilities ".
iwme >u„ v r i i 1113FI',d t,LII w: wI11 r I, ,s- c- is,wI� i 11 1 v,.; 4
"UnAerprounAfacilitiec "means utility or teI ecommunical ions facilities located under the surface of
the ground. excluding the underground foundations or supports for Overhead Facilities.
"Usable space" means the total distance betocen the top of a utility pole and the loosest possible
attachment point that Pro%ides the minimum allomcable vertical clearance as specified in the orders
and regulations of the State Corporation Commission or other regulators entity.
"Utilitt "or "Public Utilitty" shall be defined in accordance with applicable state laws regarding
public utilities.
"Utility easement" or `Public Utility easement "means an} easement held by the City and acquired.
established, dedicated or denoted for public utility purposes not inconsistent with
telecommunications facilities.
"Utilityfacilities "means the plant. equipment and property. including but not limited to, the poles_
pipes. mains. conduits, ducts, cables, fiber optic cables, circuits. wires. lines, plant and equipment
located under, on or above the surface of the ground within the public ways ofthe City and used or to
be used for the purpose of providing utility or telecommunications services.
Section 3: Compliance With Applicable Law.
City and Licensee shall at all times comply with all applicable federal, state, and local laws,
ordinances. and regulations, includine but not limited to the Communications Act.
Section 4: Permits.
Licensee, including its contractors. subcontractors, agent, assigns. and consultants. prior to any
construction or vwrk. agrees that it shall obtain all appropriate permits therefor, including any
application and permit for street openine if streets will he dislurbad.
Section 5: Licensee's Authorih.
lJccnsec warrunts and represents that it, and all contractors. subcontractors, agents, assigns, and
consultants doing work under, or on behalf of licensee. have obtained all necessary and appropriate
authoraN and approvals from all applicable federal and state agencies or authorities to provide all
I clecommmnications facilities and sea ices it intends to provide within the Cam, and upon request by
the Citc will promide evidence of such authority.
Section 6: License Only.
Licensee acknowledges and agrees that this Agreement does not include any provision ofam cable
telesision sersices of any typo. and that no franchise or any other rights of any kind are granted by
this Agreement. including. but not limited to, an} right to promide an} type of cable television
services (as such services are construed within the meaning of the exclusime franchise agreement the
C it) holds with CoxCom. Inc., dba Cos Communications Roanoke, dated November I, ?003, as
amended. or renewed). or ownership interest in the Licensed Area or other City owned property.
across ohich the Licensee's Telecommunications and Overhead facilities will he placed.
Ii.,n.0 .Agrtcumnl- IliovJband. Vit ', i3- I` -1?11, Li 11 dim
Section 7: Application Of Telecommunications Regulatory Ordinance.
Licensee acknooledges Laid agrees that the Cin may develop a I elecommunications Regulatory
Ordinance and or LicenseFranchise Agreement in the future. Any such Ordinance or Agreement
shall appl} as may be required by lavy to all telecommunications carriers or providers haying
facilities in the public ways or Cite property within the Cite on a compctitivel% neutral and non-
discriminatory basis. Licensee acknmtledges and agrees it kill be subject to am such future
Telecommunications Regulatory Ordinance andior I.icenseFranchise Agrccmcnt that the C ity map
adopt in accordance kith the law and that Licensee kill comply kith all the terms and conditions of
an m
y such Ordinance or Agreement. including but not limited to r
ant terms for compensation due to
the City.
Section 8: Compensation.
Licensee acknowledges and agrees that the compensation Licensee will owe the City and,tor the
Commomvealth of Virginia for the use of the City's public wa) s shall be zero dollars ($0.00) in
addition to any fees. charges. and other compensation that may be allowed to and /or due City in
accordance with the law to the City and /or the Commomvealth of' Virginia under any applicable
federal. state, and local Isms. ordinances, and regulations. "Ibis specifically includes the Public
Rights- of -Way Ilse Pee adopted by the City in Ordinance No. 34196 - 030199, adopted b} Council on
March I. 1999, as allowed by laty.
Section 9: Term.
The initial term of this Agreement shall be for one (1) yeas. commencing September 11. 2015,
through August 31, 2016, and shall continue on a month -to -mouth basis thereafter, or until the
adoption of a Telecommunications Regulatory Ordinance, Franchise and /or Agreement by the Cite.
whichcycr occurs first. at which time all rights of Licensee under this Agreement that mac be
affected or replaced by such Ordinance, Franchise or Agreement, shall terminate, Furthermore. the
City shall have the right to revoke the Licensees rights under this Agreement. and terminate this
Agrccmcnt. ttith or �tul out cause, at any time upon giving the I.icensec sixty (60) days written
notice, such notice to be sent to the Licensee at the following address b} ccrtilled return receipt mail
or oyemieht delivery service or by facsimile:
Roanoke Vallee Broadband Authority
313 Luck Ave.. S.N'.,
Roanoke. VA 24016
Attn: Olivia Dooley. Director of Finance
Phone: 540 - 434- 4417Facsimile: 540:343 -4416
Section 10: Other remedies.
Nothing in this Agrccmcnt shall be construed as waiving or limiting anp rights or remedies that the
Licensor or Licensee mac have. at law or in equity, for enforcement of this Agreement.
Section 11: Seycrabilim
If any provision of this License, or the application of am provision hereof to a particular entity or
circumstance. shall be held to be invalid or unenturceahle by a court of contpetentjurisdiction. the
remaining provisions of the License shall not be affected and all other terms and conditions of
I icvnse shall he valid and enforceable to the fullest extent permitted b� law.
o,, "Oh"nd \ I n- c- „ d.;
Section 12: Transfer of ownership.
Subject to the light @ranted the Licensee in Section 14.17 hereof to offer or provide capacity or
bandwidth to persons. Licensee shall not sell. transfer, lease.assign. sublet, or dispose of, in whole or
in part. either voluntarily or by force or ho oluntary sale or ordinan sale. consolidation. or otherwise
any of the rights or privileges granted by this Agreement without the prior consent of the City
Council. Provided.hmtiewer,ifl.icensce should have a namechange only. rvithno transfer of assets
or obligations to other entities, such a transfer vv ill onh require wvritten notice to City Council at least
30 days priorto such transfer.
Section 13: Costs.
Licensee will pap to the Citw the costs and expenses incurred by the City related to the grant of this
Agreement. "I he total amount of costs and expenses Licensee will owe the Citp in connection with
the grant of this License. and /or the adoption of a Telecommunications Regulatory Ordinance and
LIccnsc Tranchise Agreement swill he determined upo[It Ile City's adoption ofsuch Ordinance and /or
Agreement. I Iowever. Iicensee wiI I also pa} the Citv all reasonable costs and expenses incurred hw
the City in connection with any enforcement or defense of this Agreement. All such costs and
expenses are to be paid within thirty days at submission of any statements to the Licensee b} the
Cih for such casts and expenses.
Section 14: Conditions of License.
14.1: Location of Facilities:
All Telecommunications facilities shall be constructed. installed, located. and relocated in
accordance with the following terms and conditions, unless otherwise specified:
14.1.1:
To the extent feasible, Licensee shall install its Telecommunications
facilities within an existing underground duct or conduit, owned by
CAN within the Licensed Area. whenever excess capacity exists
�Nithln such utl l It) f acl l ltv. If not feasible, Licensee maw construct or
Install Its own conduits or ducts VOliin the I.ICGtsed Area.
14.1.2:
If Licensee needs to install Oweliicad facilities. it shall install such
Overhead facilities telecommunications facilities oil pole
attachments to existing or replacement utility poles only, and then
only it surplus space is available. If not feasible. Licensee, upon
approval from the Cax. may construct or install its own poles
within the Licensed area.
14.1.3:
Whcncvcr am existing electric utilities, cable facilities or
telecommunications facilities are located underground within a public
right of way of the City, if I icensee has permission to occupy the
same public right of vac or City property, it must also locate its
"I clecommunications facilities underground.
14.1 .4
Rhcncva' arc new or existing electric utilities, cable facilities or
1 -1, Auieecnun- ar ,LdI, -d ALL 0unn IN 12 1 : a el eon i d, •c
Telecommunications facilities are located or relocated underground
kithin a public kay Of C it) or City property, if Licensee currently
occupies the same public rvav or C ity property Licensee shall relocate
its facilities underground. at Licensee' s sole cost kith Iit a reasonable
period of time. Absent cxtraorctinmN circumstances or undue
hardship as determined by the Ci"_ such relocation shall be made
concurrentic to minimize the disruption of the public teat's or Cit}'
property.
14.1. NNhencwr nek telecommunications facilities kill exhaust the
capacit} of it public way or utility easement to reasonably
accommodate future l elecommunications carriers- or facilities. the
Licensee shall provide, at no cost to Licensor, additional ducts,
conduits, manholes. handholes and other facilities for
nondiscriminaton access to future l e1cconnnunications carriers or
use alternate routes, subject to approval Irom the City.
Section 14.2: Compliance with Laws:
Licensee shall, before commencing any construction in the public ways or on Cite property,
comply with all local, state and tederal laws and regulations and continue to comply with
them thn'oughout the License or Franchise.
Section 14.3: Permits:
Licensee is required to obtain all applicable permits for Telecommunications facilities as
required in this Agreement. I10,ever, nothing shall prohibit the City and Licensee from
agreeing to an alternative plan to review permit and construction procedures in an agreement,
provided such alternative procedures provide substantially equivalent safeguards for
responsible construction practices.
Section 14.4: Public Works:
The rights and privileges granted by this Agreement shall not be in preference orhindrance to
the rights of the City and am other late ful governmental authorities hating jurisdiction to
perform or cairn Oil[ anv public korks or public improvements. Should the
l clecom numicat ions stem interteic nvith the construction. maintenance or iepairof such
public korks. public safety radio or other communications system or improvements.
Licensee. at its sole expense, shall protector relocate the Telecommmnications system , or
anv applicable part thereof. as directed by the City or other governmental authorities having
I urisdIctIon,
Section 14.5: Use of Licensed Area, Public Ways, and City Proper"
14 s 1: Licensee. in am opening it shall stake in the Licensed Area. public
n%a) s or Cit, property of the City, shall be subject to the provisions
of this Agrccnront and to all applicable ordinances. codes and
regulations of the CM" the Lelecommunications Systen of the
Licensee shall he located so as not to interfere kith the public s'atet%
Ii- r— >urvcmmi it- Ikuedhand Awhon n i s -I' 1 s a dc.on t , , ,
or kith the convenience of persons using the Licensed Area. public
ways. or City properh.
14.5.2: the Citv reserves the right by resolution of the City Council or
otherwise through proper representatives of the City to specilically
cicsi gnate the location of the Telecommunications Sy stun of Licensee
with reference to municipal facilities, drainage facilities, fiber optic
cable, signal poles and lines and similar services, other facil itics, such
as public telephone utilities. public clecnic utilities, public cable
television utilities, and raihyay communication and power lines, in
such a manner as to protect the public safety and public and private
property and to facilitate the creation ofa comenient, attractive and
harmonious community. Failure by the City to so designate does not
relieve Licensee of its responsibilities in matters of public safety as
prodded in this Agreement. Licensee shall construct. maintain and
locate its 'I clecommmnications system so as not to interfere with the
construction, location and maintenance ofdrainaac- electrical, signal
and liber optic facilities of the City.
14.5]: Except in the cases ofemervencies, Licensee shall at all times comply
kith Section 30 -60 et seq. ofthc Codc of the CUN ofRoanoke, 1979.
as amended, kith respect to any opening it shall make in the Licensed
Area, public ways of the City, and City property. Licensee shall not
extend beyond the locations specified in Exhibit A its
Telecommunications system in the Licensed Area unless prior kritten
notice of its intention to do so is given to the City Manager and
permission in writing to do so is granted by the City Manager or such
requirement is kak cd by the Um Manager. Such permission shall be
conditioned upon compliance with the terms and conditions of this
Agreement. kith such other terms and conditions as will preserve,
protect and promote the safety of the public using the Licensed Area,
public ways, and C itc property: and as kill prevent undue interference
kith or obstruction of the use of the Licensed Area, public trays of
the public and Civ, property. the Clly or by any public utility or am
public service corpoiation for their respective purposes and Ii actions.
Such kork by Licensee shall also be coordinated kith the City's
annual paying progranh tlaough the City I ansportation Division
Manager. or other designated City Department. Phis includes the
City of Roanoke Right of R'ay I:,ecayanon and Restoration Standards.
Revised July I, 2013, and as they muy he amended.
14 s,4 1 he City does require that %mitten permits, in am and all cases_ be
obtained by Licensee kheneser it becomes necessary for Licensee to
escaxate in the Licensed Arca. public trays, and City property in
order to install. construct, maintain or extend the
I cleconnmm11ications Such permitsarcapphcable toam and
1 111— Acrcmne11 I aJ ben d. VI mnl. 1 8 -IS1 a III lem I doe
all topes of excavations in the Licensed Area, public caays. and Cit}
property. and Cih Council ma}', by resolution. establish a fee for
each excavation made in a public way. the licensed Area, or Cit}
property. Such permits may require the particular part or point of the
Licensed Area where construction or excavation is to be conducted.
the length of time in which such permit shall authorize such work to
be done and the hours of each day during which such work shall he
undertaken. A single permit map be issued for multiple excavations
to he made in the Licensed Area. public ways, and City property;
provided. however. any such opening fee established h} City Council
shall apply to each excavation made in the Licensed Area. public
ways of the City, and C it}' property. Gxccptions to the requirement
for a written permit may be allowed in cases of emergencies
invoking public safeq or restoration of scryice. In the case of
emergency excavations made in the Licensed Area. public ways of the
CaN. and City propertN without permit. Licensee shall apple for an
emergency permit within four hours after the City of Roanoke,
Virginias rransportation Division's offices are first opened.. Any
permit applications and inspections related to repair of excavations
shall be prompt] acted upon be the City so as not to unreosonrI
delay the Licensee in discharging its public sen ice obligation. Any
fees for permits or inspections charged to the Cite shall be based on
the C'itVs costs of administering the program of issuing permits and
conducting inspections.
145.5: Immediately after installation. repair or extension of the
I clecommunications system or am' portion thereof or am pavement
cut by Licensee in the Licensed Area. public ways of the City. and
City property, the incidental trenches or excavations shall he refilled
by Licensee in a manner consistent with the City of Roanoke Right of
Way Excavation and Restoration Standards, Rerised Jute I, 2013.
and as they map be amended. Licensee shall maintain. repair and
keep in good condition for a period of tryo (2) ) cars tolloyving such
disturbance all portions of the Licensed Area, public ways of the
Cite, and City property disturbed by Licensee. provided such
maintenance and repair shall be necessary because of detective
twrkmanship or nmtenals supplied by Licensee.
14L ,6: Licensee shall promptfc imam e or correct aw. obstruction. damage.
or defect in the Licensed Arca. public ways of the City. and City
property which was caused by I.icensce in the installation, operation.
maintenance or extension of the Telecommunications system. : %nv
such obstruction. damage_ or defect which is not promptly removed.
repaired or con-cenal by Licensee after proper notice to do so. given
by the City to Licensee, may he removed or corrected by the City, and
the cost thereof shall he charged against Liccrncc and may be
I II.II,..t,,,,I I),II� 13 1 ) 1111 11111 \tIIII "gym x- L'.I =� I, I] IId.,. 10
enIorced as it lien upon any of Licensee's properties or assets subject
to any prior existing liens. Anv expense, cost. or damages incurred
for repair. relocation, or replacement to storm drainage.
communication facilities or other property resulting from
construction. operation, maintenance or extension of Licensee's
Telecommunications system shall be borne bti Licensee and any and
all expense and cost incurred in connection therewith br the City shall
be fulh reimbursed bn the Licensee to the Cih.
(a) If weather or other conditions do not permit the complete
restoration required by this Section, the Licensee shall
tanporariln restore the affected public wins or properix.
Such temporary restoration shall be at the Licensees sole
expense and the Licensee shall promptk undertake and
complete the required permanent restoration c%hcn the
weather or other conditions no longer prenenl such permanent
restoration.
(b) A Licensee or other person acting in its behalf shall use
suitable barricades. flags. Ilagmen. lights. flares and other
measures as required for the safeh of all members of the
general public and to prevent injury or damage to any person.
%chicle or properg by reason of such work in or affecting
such ways or property and shall comply with all federal, state.
and local laws and regulations, including the Virginia
Department of Transportation Work Area Protection Manual,
latest edition.
I4.s.7: Licensee shall not open. disturb or obstruct. at any one time ,anymore
of the Licensed Area. public ways ofthe Cm. and City property than
reasonably ma} be necessary to enable it to proceed in laying or
repairing its Telecommunications system. 'Neither shall Licensee
permit any public nays so opened, distill bed or obstructed by it in the
installation. construction, repair or extension of its
Ielecomnurnications System to remain open or the public oay
disturbed or obstructed for it longer period of time than reasonably
shall be necessary. In all cases where an% Licensed Aren. public ways
of the City. and City pnrpert% shall be exca%ated, disturbed or
obstructed by Licensee. Licensee shall take all precautions necessary
or proper for the protection of the public and shall maintain adequate
warning signs. barricades. signals and other dc%ices necessary or
poopeno adequately give notice, protection and wuming to the public
of the existence of all actual conditions present.
14.s,8 ; U henecer the City shall widen, reconstruct. Iccalign. pay e m repare.
or othemise work on the I_icrnsed Area, public vans of the City. and
t.,r:--„i- 11—L,11,xid \11011 rill 1' 1: 11d- d,. I I
City propehv, or shall change the grade or line of any public ways, or
shall construct or reconstruct an} storm drainage or communications
facility of the City, it shall be the duty of Licensee to move. alter or
relocate its Telecommunications s_cstem and overhead facilities, or
any f part thereof as requested by the City at Licensee's cost and
expense and as ma} be provided by applicable laic. IIlion written
notice by the City %tanager of City's intention to perform work as
specified above. Licensee shall within a reasonable period of time
accomplish its obligation in accordance with and to contemn to the
plans of the City for such construction, reconstruction or
improvements. Should the Licensee fail. refuse or neglect to comply
with such notice. the Telecommunications Svsten or any pan thereot
may be removed. altered or relocated b} the City. the cost of which
shall be paid by Licensee, and the City shall not be liable to Licensee
for am damaees resultine treat such removal. alteration or relocation.
In cases where Licensee believes the costs of relocation by Licensee
would be cost prohibitive and an alternative location of the City's
facilities would be feasible, the City and Licensee may jointl}'
evaluate whether Licensee could reasonably pay any additional costs
to the City ofthe alternative C uN Cucilits location in lieu ofrelocating
Licensee's facilities.
Section 11.6: Damage to Property:
Licensee. or any person acting on a Licensee's behalf, shall not take any action or penult amm
action to be done wN hich ma} impair or damage an%the Licensed Area, public ways' of the
City, and City property, or other property located in. on or adjacent thereto.
Section 14.7: Repair and Emergency Work:
In the event of an unexpected repair or emergency, a Licensee may commence such repair
and emergency response work as required under the circumstances, provided the Licensee
shall apply for an emergency permit within four hours after the City of Roanoke, Virginias
I ransportation Division's off-ices are 1 first opened and notih the City as promptly as possible.
bet-ore such repair or emergency work is started or as soon thereafter as possible if advance
notice is not practicable, but in no event later than 3 working days
Section 14.8: Maintenance of Facilities:
Fach Licensee shall maintain its tacilities in a good and safe condition and in a manner that
complies with all applicable federal, state and local requirements. laws, ordinances, and
re L'ulatlOus.
Section 11.9: Safety Standards.
I.icensec shall at all times employ a high standard of care and shall install and maintain and
use approved methods and deg ices lot presenting failure or accidents which are likely to
cauo'c damaucs. injuries or nuisances to the public.
IIL- - .t.2�II1� 111 - 1 inuWband X1]1[1 tIIi Ix -1' 1= d <,UlId,., II
Section 14.10: Police Power.
All rights and prn i leges granted hereby are subject to the law Cal exercise of the police power
of the City to adopt and enforce local laws, rules and regulations necessary° to the health,
safety and general welfare of the public. Expressly reserved to the City is the right to adopt_
in addition to the provisions of this Agreement. anc I ieense or Franchise and existing laws.
such additional ordinances and regulations as are necessary for the lawful exercise of its
police poker for the benefit and safety of the public.
Section 14.11: Relocation or Removal of Facilities:
Within thirty (30) da}s follm6ig written notice from the CaN, Licensee shall_ at its own
expense, or cause am of its sublessees, or sublicensees, to temporarib or permanently
remove. relocate. change or alter the position of anc 'telecommunications facilities or
Overhead facilities located within the public ways or on City property whenever the City
shall have determined that such removal. relocation, change, or alteration is reasonabh
necessary for
14.1 Li "I he construction. repair, maintenance or installation of any Cit}
facilities or other public improvement in or upon the Licensed Area.
public ways of the Cin, and City property.
14.11.2: the operations of the C ity or other governmental entity in or upon the
Licensed Area, public ways of the City, and City property.
Section 14.12: Removal of Unauthorized Facilities:
Within thirty (30) daps folloryine mitten notice from the cm, am Licensee.
telecommunications carrier, or other person that owns. controls or maintains any
unauthorized Telecommunications system. facility or related appurtenances within the public
wam or other areas of the Cig shall, at its own expense, remove such facilities or
appurtenances from the Licensed Area, public ways of the City, and City property. A
Telecommunications system or facility is unauthorized and subject to removal in the
following ci rcuntstances:
14.111 Upon expiration or termination of the I.icensce's telecommunications
I.icciise or Franchise.
14.12_': Cpan abandonment of a facility ryithin the Licensed Area, public
waNs of Citc. and Cite property.
14.12.3: If the scstcm or facility was constructed or installed without the prior
grant of a telecommunications License or Franchise.
14, C.4: If the system or facility was constructed or installed without the prior
issuance of a required construction penult.
14.1'_5: If the stem or facility teas constructed or installed at a location not
pernnitied hs the I.iecace s IeleQ0mnlanl CctiOn5 License 01 -
Franchise.
14.116: Such other circumstances as the City may determine that shows
telecommunications system or facility is unauthorized.
Section 14.13: Emergency Removal or Relocation of Facilities:
The City retains the right and privilege to cut or moNe anN Telecommunications facilities
located %Nithin the Licensed Area, public ways of the Cite, and City property, or other areas
ofthe City as the City map determine to be necessary, appropriate or useful in response to
any public health or safety energenc%. l he Cite trill endeavor to notify Telecommunications
can-iers of emergencies which mac impact their Telecommunications facilities by either
attempting to notify the carrier or the appropriate notification center. Nothing herein shall
create any duties or obligations on the City to so notify said Telecommunications carriers nor
shall the City, its officers, agents, employees, or volunteers in an} waN be liable for am
failure to non bvsaid Telecommunications carriers or notification center.
Section 14.14: Damage to Licensee's Facilities:
The Cit, its officers, agents. employees. or volunteers shall not be liable for any damage to
or loss of anN Telecommunications scrNices or anN telecommunications facility within the
Licensed Area. public wens of the CitN. and City property or anN' other areas of the CitN as it
result of or in connection frith anN public works, public improvements, construction.
excavation, grading, filling, or work or acliNitN or Zack of anN actiNaN of amp kind bN or on
behalf of the City.
Section 14.15: Facilities Maps:
Licensee shall proNide the CitN v ith'us built' draxNings and an accurate Wrap or maps in on
electronic form agreed to bN CitN and Licensee certifying the location of all of Licensee's
Telecommunications facilitics %Nithin the City upon request. To the extent C itN and Licensee
cannot agree on an appropriate electronic form for the above referenced snap or maps.
Licensee agrees to proNide CnN with such information in hard copy or paper format.
Licensee shall, upon request. proNide updated maps in accordance with this Section on an
annual basis.
Suction 14.16: Duty to Pro%ide Information:
Within ten ( If)) clefs ofa %mitten request from the CitN. Licensee shall furnish the CaN with
information sufficient to demonstrate-
13.161 That Licensee has complied t%ith all requirements ofthis Agreement.
14.16.3: 1 but all municipal sales, telecommunications taxes, utility taxes or
am co
other taws or charges due the Cite in connection %Kith the
Telecommunications serf ices or facilities provided by the Licensee
have been properh collected ond'or paid h% the Licensee.
Section 14.17: Leased Capacity:
Licensee shall have the right, without prior Cite. approval. to offer m provide capacity m
bandwidth to persons; provided. Licensee shall provide Cz written notice when capaeitp m
bandwidth is leased to or otlicrnyise dedicated to use by another Telecommunications carrier
or Telecommunications provider. Licensee shall onh be required to provide such notice on
the first occasion each Telecommunications carrier or' felecommmnications provider comes
within the above notice requirement.
Suction 14.18: Insurance:
(a) Reguirementofinsurance. Licensee shall. at its expense, obtain and maintain
during the life of this License, the insurance and bonds required by this
Agreement. Any required insurance and bonds shall be effective prior to the
beginning of an} work by Licensee within the City. All such insurance shall be
primary and noncontributory to any insurance or self- insurance the City map
have.
(b) Commercial General Liability. Licensee shall maintain during the life of its
License. Commercial General Liability insurance coverage on an occurrence
basis insuring against all claims. loss. cost. damage. expense or liability from
loss of life or damage or injury to persons or property arising out Of of the
work or activity under m by virtue of this License. The minimum limits of
liability for this coverage shall be $1.000.000 combined single limit for any
one Occurrence.
(c) Contactual Liability. Licensee shall maintain during the lite of its License
broad form Contractual Liabilux insurance including the indemnification
obligation set forth in this Agreement
(d) Workers' Compensation. Licensee shall maintain during the life of its
License Workers' Compensation insurance covering Licensee's statutory
Obligation under the laws of Commomvealth of Virginia and Employer's
Liability insurance for all its emplo}'ees engaged in work wider its License.
Minimum limits- of liahilit}'tor Fniployei`s Liability shall be $ 100,000 bodily
injury each occurrence: 5500.000 bodily injury by disease (policy limit): and
$100_000 bodily injury by disease (each emplowe). With respect to the
Workers' Compensation coverage. the Licensee's insurance company shall
waive rights of subrogation against the City, its of livers, agents, employees
and volunteers.
(c) Automobile Liability. Licensee shall maintain during the life of its License
Automobile Liability insurance. I he minimum limit of liability for such
insurance shall he S 1.000.000 combined single limit applicable to owned or
non -owned vehicles used in the poi rlbnn rove of work Under its License.
(1)
Umbrella ('veor_
a,�,c-
[lie
insurance
coyeiages and
amounts
set
forth
in
subsections (b). (c), (d) and (e) of this Section may be met by an umbrella
liability polio following the form of the underlying primary coverage in a
minimum amount of $10,000,000. Should an umbrella liability insurance
coverage policy he used, such cos erage shall be accompanied by a certificate
of endorsement stating that it applies to the specific policy numbers indicated
for the insurance procidingthe coverages required he subsections (b). (c). (d)
and (e), and it is further agreed that such statement shall be made a part of the
certificate of insurance furnished by Licensee to the Cit).
(g) Pollution Liability Insurance. 51.000.000 each occurrence. Coverage shall
be provided for bodily injury and property damage resulting from pollutants
which are discharged suddenly and accidentally. Also the insurance will
provide coverage for cleanup costs.
(h) Evidence of Insurance. All insurance, shall be written on an occurrence
basis. In addition. the following requirements shall be met:
(1) The Licensee shall furnish the City a certificate or certificates of
insurance showing the type, amount, effective dates and date of
expiration of the policies. Certificates of insurance shall include an}'
insurance deductibles, the annount of such deductible being subject to
approval by the Cite.
(?)
'I he required certificate or certificates of insurance shall include
substantially the following statement: 'The insurancecoycred b) this
certificate shall not be canceled or materially altered, except alter
thirp (30) days written notice has been provided to the City of
Roanoke."
(3) 1 he required certificate or certificates of insurance shall name the
City of Roanoke, its officers, agents, employees and volunteers as
additional insureds with regard to general liability. auto, and pollution
coycrages and the certificate of insurance shall show if the politics
provide such coverage. Where waiver ofsubrogation is required with
respect to am, policy of insurance required under this Section, such
waiver shall be specified on the certificate of insurance Additional
insured and waiver endorsements shall be received by Roanoke Risk
Management from the insurer within 30 days of the beginningof this
contract. I he C ity's Risk Managerr may approve other documentation
of such insurance coycrages.
(4) Insurance coverage shall be in a form and with an insurance compam
approved by the City which approval shall not be unreasonahl}
withheld. Any insurance company providing eoyerage under this
Agreement or any License granted under this Agreement shall be
i r .Fl ,<.\.I—Iwie- nnvWh Ill L Seen „nn Ix.I' eud.nnd,,, 16
authorized to do business in the ( ommomwealth of Virginia.
(5) The Licensee shall notify the City in writing within five (5) calendar
days if am of the insurance coverages or policies are cancelled_
changed. or modified and Licensee shall immediatelc replace such
policies and provide documentation of such to the City.
Section 14.19: Ilazardous Materials:
14.19.1 While on or near the Licensed Area, public,,waNsof the City,and City
propenN. or in its performance pursuant to this Agreement, Licensee
shall not transport. dispose ofor release anw hazardous substance.
material, or kaste, except as necessary in performance of its work
under this Agreement. and in am event I.icensec shall comply kith
all lecicral, stale, and local Lms, rules. regulations. and ordinances
controlling air. mater, noise. solid wastes. and other pollution. and
relating to the storage transport, release, or disposal of hazardous
material, substances or waste. Regardless of City °'s acquiescence.
Licensee shall reimburse CuN for all costs and expenses incurred by
Cite in eliminating or remedying such violations. Licensee also
agrees m reimburse Cit} and hold Cite. its otliccrs. agents, employees
and volunteers harmless from any and all costs, expenses, attorney's
fees and all penalties or ciciljudgmcnts obtained against any of them
as a result of Licensee's use or release of any hazardous material.
substance or waste onto the ground or otherwise, or into the water or
air from. near or upon Citw's premises. including the Licensed Area
Section 14.20: Bonds:
Within 10 consecuti we calendar days alter the e IecIiwc date of the Agreement but before any
construction within the Licensed Area. public ways of the Cin', and City propery is
commenced, Licensee shall furnish to the City a performance bond and a labor and material
payment bond each made payable to the City in the amount of one hundred (100 " " %) of the
estimated cost of constructing Licensee's Telecommunications facilities for the construction
cowered by each permit. khich in no cwent shall be less than $50,000, within the Licensed
Area, public ways' of the C'itw_ and City property. "I he performance bond is to guarantee that
the project kil I be free of defective workmanship and mwinds discovered after completion
and that the kork is done in a proper manner without damage to the public ways or other
areas of the City. The labor and material payment bond is to the Licensee kill pay specified
subcontractors, laborers, and materials suppliers associated with the project. the bonds shall
he written by a corporate surety acceptable to the City and authorized to do business in the
Commonwealth of Virginia. These performance and pavement bonds shall remain in force
until 60 days alley completion ofconstruction of Licensee's I Clecommtmicationsfacilitigs
and overhead facilities covered by each permit. as determined by the City and upon a
certification of completion by Licensee. After the 60 da} period has expired these
performance and payment bonds may be extineuished by Licensee. However- the City
reserves its right to require reimposition or to require Licensee to provide new performance
and payment bonds in the event am material defaults are discovered in the existing system
which. in the opinion (,]'the Cit}. present a need for reimposition of the bonds. In lieu of
obtaining the bonds required under this License- Licensee mac provide a resolution adopted
by its governing board, obligating Licensee to take responsibility for the items covered b}
the bonds required by this License. Provided. however, if anv such resolution is repealed, or
declared void. Licensee shall be required to immediately obtain the bonds required pursuant
to this section.
14.20.1: 1 he bonds shall guarantee, to the satisfaction of the City:
(a) timely completion of construction;
(b) construction in compliance with applicable plans, permits.
technical codes and standards;
(c) proper location of the facilities as specified by the City:
(d) restoration of the public ways and other propert} uffected by
the constiucuon;
(e) the submission of as- built' drawings after completion of the
work as required by this Agreement.
(1) timely payment Lind satisfaction of all claims, demands or
liens for Tabor, material or services provided in connection
with the work.
(e) removal of fhe telecommunications facilities, it-required b}
the terms of this Agreement.
Section 14.21: Coordination of Construction Activities:
All Licensees are required to cooperate with the City and mth each other and all
construction locations, activities and schedules shall be coordinated. as ordered by the
City I ransportation Division Manager, to minimize public inconvenience, disruption or
damages. In particular, and without limitation. I icensee specifically acknowledges and
agrees that two of the parcels that comprise the Licensed Arca. Roanoke Official Tax
Map No. 7230101, located at the Roanoke Caere of Indusn}' and Technology, and
Roanoke I ax \dap No. 1460101. located at Petrick Henm I ligh School, have existing
projects im olving the land which are ann-enth undergoing construction. Licensee
therefore acknowledges and agrees to require Licensees contractors to coordinate the
timine of such contractor s cork kith the construction schedule of the work heing
perloinied on those Iwo parcels.
Section 14.22: Transactions Affecting Control of License:
Any transactions which singularly or col Iectivch result in a change of tiftc percent (50%) or
more of the ownership or rtiorking control of the Licensee. of the ownership or working
control of telecommunications I icatse or franchise, of the ownership or working control
of affiliated entities having ownership or corking control of the Licensee or of a
telecommunications system. or of control of the capacity or bandwidth of Licensee s
Telecommunication system, facilities or substantial parts thereof; shall be considered an
assignment or transfer requiring City approval pursuant to thi s Agreement. which shall not be
unreasonably withheld Transactions between affiliated entities are not exempt from City
approval.
Section 14.23: Leasing or Licensing of Facilities:
Licensee shall not lease or license any of its - felecanmmnications or Overhead facilities.
including anm conduit or duct space in its l elecommunications system, to any
Telecommunications carrier or telecommunications provider for the placement of am'
additional telecommunications facilities without first providing City advanced written notice.
Licensee shall only be required to provide such notice on the first occasion each
I elecommunications carrier or I clecommunications provider comes within the above notice
requirement. Licensee agrees that the terms and conditions otanm lease or license with to
such -I cIecoin mun i cat ions carrier or'I cIecommuit ications provider shall not con11ict with the
terms of this Agreement.
Section 14.24: Nonenforcement by Citt:
Licensee shall not be excused from compl}ing with any of the terms and conditions of this
Agreement or am License or Franchise by anN failure of-the City, upon amp one or more
occasions. to insist upon Licensees performance or to seek I.iccasee's coin pIranee with any
one or more of such terms or conditions of this Agreement or the terms and conditions of am
License or Franchise.
Section 15: Construction Standards
Section 15.1. General:
Licensee shall not corn nenca or continue with the construction. installation or operation of
Telecommunications and Overhead facilities within the City except as provided in this
Agreement.
Section 15.2: Construction Codes:
Telecommunications and Overhead facilities shall he constructed, installed, operated and
maintained in accordance with all applicable federal. state and local laws, codes, rules and
regulations including the National Flectrical Satery Code.
Section 15.3: Permits:
No person shall construct or instull any leleconununications and Overlmcad facilities within
the City without first obtaining all appropriate permits therefor. provided. however:
Bro,dnar�d Bien ... it, e -c -i id- 19
15.3.1: All construction shall be coordinated ctiith the Cit} Transportation
Division Manager, or other designated Cite Department, and the
Cm's annual pacing program.
Section 15.4: Applications:
Applications for permits to construct I clecommunications and Overhead facilities shall be
submitted upon forms to be provided b} the Cite and shall be accompanied by drawings.
plans and specifications in sufficient detail to demonstrate:
15A : 'that the facilities w1l he constructed in accordance with all
applicable laws, codes, rules and regulations.
15.4?: The location and route oCall facilities to be installed on esistine or
replacement utility poles.
15.4.3: The location and route ofall facilities to be located under the surface
of the ground, including the line and grade proposed forthe burial at
all points along the route hvhich are within the public ways or other
areas of the Cm
15.4.4: The location of all existing underground utilities. conduits, ducts.
pipes. mains. manholes. handholcs, junction points and installations
which are within the public ways along the underground route
proposed by the applicant.
15.4.5: llie location of all other facilities to be constructed within the CaN.
but not within the public vacs.
15.3.6: '1 lie specific construction methods to be employed for protection of
existing structures, fixtures, and facilities within or adjacent to the
public ways.
15.4.7: flue location, dimension and types of all trees within or adjacent to
the public ways along the route proposed bN the applicant, together
with a landscape plan for protecting, ti imming. removing. replacing
and restoring am trees or areas to be disturbed during construction.
Section I5.5: Engineer's Certification:
All permit applications shall be accompanied by the certification of a registered professional
engineer that the drawings. plans and specifications submitted with the application contph
with applicable technical codes. rules and regulations.
Section 15,6: Traffic Control Plan:
All permit applications by or on behal fof Licensee which invoke work on. in. under. across
or along the Licensed ,1rea, puhhc vacs of the Cite and Cm propertc or other areas of the
1 i-1— Ai,mWnelll- Omadh,nd auhonn J- 20
City. shall be accompanied by a traffic control plan conforming t o t he Virginia Rork Area
Protection Manual and demonstrating the protective measures and devices that will be
employed. consistent with applicable local, state and federal laws and regulations, to present
injury or damage to persons or property and to minimize disruptions to efficient pedestrian
and vehicular traffic.
Section 15.7: Issuance of Permit:
Within hventy (20) working days after submission of all plans and docunncnts required of die
applicant and payment of the fees required by this Agreement, and compliance rsith the
provisions of the Virginia Code, the City, if satisfied that the applications, plans and
documents comply with all requirements of this Agreement, will issue a permit authorizing
construction of the facilities, subject to such further conditions, restrictions or regulations
affecting the time, place and manner of performing the work as may be deemed necessary or
appropriate.
Section 15.8: Construction Schedule:
the Licensee shall submit a written construction schedule to the City Transportation
Disision Managcr ten (10) working days before commencing any work in or about the
Licensed Area, public ways of the City, and City property. The Licensee shall further notify
theCity Transportation Division Managcr not less than ten (10 ) working days in advance of
any excavation or work in the Licensed Area, public ways ofthe City. and City property and
shall comply with the provisions of the Virginia Cnderground Utility Damage Prevention
Act. Virginia Code § 56 -265.14 et. seq.
Section 15.9: Compliance with Permit:
All construction practices and activities pursuant to this Licensee shall be in accordance with
the permit and approved final plans and specifications for the facilities. The Chx and its
representatives shall he prosided access to the work by Licensee and it agents, contractors
and assigns. and such further information as if may require ensuring compliance with such
requirements.
Section 15.10: Display- of Permit:
The Licensee shall maintain a copy of the construction permit and approved plans at the
construction site, which shall be displayed and made available for inspection by the City at
all times chen construction work is occurrine.
Section 15.11: Suncy of Underground Facilities:
-fhe Licensee shall supple and specuN the location of all facilities by depth, line_ grade.
proximity to other facilities or other standard. the Licensee shall cause the location of such
facilities to he veri iad. to the extent required, by a regisacred slate sun eyor. The Licensee
shall relocate. at its expense any facilities which arc not located in compliance with permit
requirements.
Section 15.12: Noncomphing Work:
t'pon direction of the Cm, all work which does not comply Frith the permit. the approx ed
plans and specifications fix the work or the requirements ofthis License. shall he removed a1
IL,ci - .\ -r III ni- IIr,UL),I'e twhor,n i x- m,. '1
the sole expense of Licensee
Section 15.13: Completion of Construction:
The Licensee shall promptly complete all construction activities so as to minimize disruption
of the City public ways and other public and private property. All construction work
authorized by a permit kNithln City, including restoration. must becompleted within 120 days
of the date of issuance of the permit.
Section 15.14: As -Built Drawings:
Within silt) (60) da)s after completion of construction. the Licensee shall furnish the City
kith tvvo (2) complete sets of as built plans, drawn to scale and certified to the City as
accumtek depicting the actual location of all telecommunications Facilities constructed
pursuant to the Agreement or permit and shall include a digitized map(s) in both printed and
electronic form readable 67 the current version of Auto CAD and tied to the Virginia State
Plane Coordinate System and lied to the City s Survey Control monuments and geographic
information ss-stenn.
Section 15.15: Restoration of Public Ways, Other Ways and CUN Property:
Immediately alter installation, repair or extension of the Telecommunications Facilities or
an)' portion thereof or any pavement cut by telecommunications carriers in any public way or
other areas of the Cite, the incidental trenches for excavation shall be refilled b'
I elecommunications calTiers in a manner consistent with the Cite of Roanoke Right of W ay
Excavation and Restoration Standards, Revised July 1.2013, and as they may be amended.
I clecommunications carriers shall maintain, repair and keep in good condition for a period
of two (2) years lollowing such disturbance all portions of public ways or other areas
disturbed b< leleconvnunications carriers.
151li.1 If weather or other conditions do not permit the complete restoration
required by this section. the Licensee shall temporarily restore the
affected ways or property. Such temporan restoration shall he at the
Licensee's sole expense and the Licensee shall promptly undertake
and complete the required permanent restoration when the weather or
other conditions no longer prevent such net restoration.
IiI A Licensee or other person acting in its behalf shall use suitable
barricades. flags. flagmen, lights, flares and other measures as
required for the safety of all members of the general public and to
prevent injury or damage to arty persist vehicle or propeny b) reason
of such work in or alTecting such ways or property and shall comply
with all federal, slate, and local laws and regulations. including the
Virginia Department of transportation Work Arca Protection
Manual, latest edition. s.
Section 15.16: Landscape Restoration:
1 1.16.1: All trees, landscaping and grounds removed. damaged at disturbed as
«��,. aei «n,e1e1 B,,Jm,A „d ' - i?vJ.., d,
a result of the construction, installation maintenance. repair or
replacement of Telecommunications Facilities. whether such uwk is
done pursuant to a Franchise. License. or permit must be replaced or
restored as nearly as may be practicable. to the condition existing
prior to pet ormancc of work.
I5.16.?: All restoration work within the public ua }'s or other areas shall be
done in accordance with landscape plans approved by the ChN
Transportation Division Manager.
Section 15.17: Performance and labor and material payment surety:
Prior to issuance orally permits, the Licensee shall provide a performance bond and a labor
and material payment bond. as required in this Agreement.
Section 15.18: Responsibility of O{{'ner:
The Licensee as the owner of the facilities to be constructed pursuant to this Agreement. are
responsible for performance of and compliance with all provisions of this Agreement.
Section 15.19: Controlling Low:
This Agreement shall be construed and enforced in accordance with the substantive law of
the Commonwealth of Virginia and am applicable federal laws.
Section 15.20: Captions:
I he paragraph Captions and Headings in this Agreement are for convenience and reference
purposes only and shall not affect in any wa} the meaning or interpretation of this
Asrcancnt.
Section 15.21: Construction of Terms:
The terms and provisions ofthis Agreement and the exhibits to this Agreement shall not be
construed in favor of or against either party, but shall be construed according to their fair
meaning as if hoth parties iointic prepared such documents.
Section 15.22: Nondiscrimination:
V Licensee shall not discriminate on the basis of race, religion, color, sex or
national origin in its employment practices. contracting or provision of
services.
13. the City represents and warrants that all telecommunications carriers or
providers haying facilities in the public ways within the Cig are being treated
on a competitivel' neutral and non - discriminatory- basis and have either (i)
executed agreements with the City containing substantial[ similar terns as
contained herein. or (ii) me using the Cit%'s public ways under preexisting
franchises that continue to be in effect.
Section 16: Commencement of Work:
Licensee will not commence any work within the City until detailed plans have been provided w and
approved by the City Transportation Division Manager. or other designated City- Department.
Section 17: City of Roanoke Right of Way Excavation and Restoration Standards - Revised
July 1, 2013, and as they mac be amended.
The Cite has adopted the City of Roanoke Right of R'av Excavation and Restoration Standards -
Revised Jul, 1. 3013. and as they max be amended. Should there be am conflict between the
provisions of this Agreement and such Standards. the more stringent provisions shall apply
Section 18: Installation of Additional Conduit for the City:
Licensee agrees to provide to the City. written notice and identification of all trenches or other
openings that need to be made for installation or maintenance of conduit or underground cable or
other device within the Licensed Area. licensee agrees that it shall giec the City at (cast twenty (20 )
de,s advance written notice on a one time basis of all such work and inform the Cit_v of the
incremental cost of installing one additional conduit for the C.CCIn51,e use of the City- of such
dimension as specified by the City. Ifthe City directs Licensee in writing- Licenseeshall install such
an additional conduit at a charge no greater than the actual incremental cost of labor and materials for
such additional conduit. All construction activities of Licensee shall be conducted in a workmanlike
manner that will cause minimum interference with the rights and reasonable convenience of the
public's and other utilities' use of the Streets and of the property ownes directly affected thereby.
Licensee shall maintain all structures, cable, fiber, conduits, and related equipment that are located
in, o,er. under. and upon the Streets in a sate, suitable. substantial condition and in good order and
repair at all times. Licensee agrees to adhere to the same procedure and pro,ide City written notice
and identification for all additional trenches or other openings that need to he made by Licensee
within the Licensed Area. which are identified by Licensee after the date of the initial notification
referenced above.
Section 19: Forum Selection and Choice of Lany:
This License shall be governed by. and construed in accordance with. the laws of the Commonwealth
of Virginia, without application of Virginia's conflict of law provisions. Venue and any actions for
any litigation, suits, and claims arising from or connected with this License shall only he proper in
the Roanoke City Circuit Court. or in the Roanoke City General District Court if the amount in
controversy is within the jurisdictional limit of such court-and all parties to this License voluntarily
submit thenschc,, to the jurisdiction and ,enue of such courts. regardless of actual location of
such parties.
Section 20: Effective Datc:
The eftectice date of this License shall be September I, 2015,
Section 21: Removal of Licensee's Facilities:
II the City adopts a Telecommunications Regulartxv Ordinance and or "telecommunications
License,' Franchise Agreement and if Licensee is awarded a license or franchise or otherwise granted
authority pursuant thereto, then on the eltective date of any such award, the terms and conditions of
that Telecommunications Regulator Ordinance and or License !I ranchise Agreement shall supersede
all the terms and conditions of this Anrecmcnt and this Aerccnncnt shall be automaticalk and
i
1 ., c tYr,.nII � II(- nro,dt,IIId:%I , III ,.r,�, I x -r_ -i: mcwI ,d '4
immediately terminated. I IotNeycr. II Licensee is not awarded a IIc case ,[tranchise or othemIse
granted tights by am future'ICIeCOmm un i cations Ordinance or Agreement adopted by the City, or it
the tens ofthis Agreement expires or the rights granted to [,Icensee by this Agreement are re Noked
bN the City. Licensee shall immediately cease operations within the CI IN and shall not be permitted to
operate, maintain or repair its existing encroachments or facilities. In either of such cases where this
Agreement is cancelled, terminated. or revoked. Licensee agrees to III omptIN remote am and all of
Licensee s facilities and equipment tNithin the CO, all at the sole cost of Licensee. and Licensee
shall restore the Licensed .Area and Licensor's properly to the same condition in tNhich such areu and
property existed prior to installation of Stich facilities by Licensee.
Section 22: Entire Contract:
This License. including anN attachments. eshibits. and referenced documents. constitutes the
complctc understanding bewcen the parties. phis License maN be amended only hN Nwitten
instrument properly executed bN the parties.
IN %ArITNHSS WHEREOF. the parties hereto have signed this Contract hN their authorized
representatiNes.
Attest U'itncsS: CITY OI: ROANOKI[. VIRGINIA
Printed Name and Tide
Attests Witness:
Christopher P. Morrill. C'itN Manager
ROANOKE VALLEY BROADBAND AL I I ]OR[ I Y
BN (SFAI,)
Printed N
Primed Name and Title Authorized Agent and
Approxed as to Form: ApproNed as to Execution:
C itN AttorneN
Authorized bN Ordinance No.
City A torney
CORPORAL I: SEAL
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ROANOKE VALLEY PERMANENT VARIABLE WIDTH FIBER EASEMENT
BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
j • BY CITY OF ROANOKE, E, VA
DRAWN BY AAS SCALE, 1 " =50' DATE :7R0115 TAX p 2190922
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CITY OF ROANOKE /
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ROANOKE VALLEY PERMANENT VARIABLE WIDTH FIBER EASEMENT
BEING GRANTED TO
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j • BY CITY OF ROANOKE, E, VA
DRAWN BY AAS SCALE, 1 " =50' DATE :7R0115 TAX p 2190922
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PROPERTY OF
CITY OF ROANOKE
TAX 7230101
2CO2 BLUE HIL LS DR NF
L= 1462, R =566
A = ' 5
PROPOSED 20'
FIBER EASDJENT
9900 SF
L= 38 .4, R =244
37.4
11 1 R =35
A -18
13.6
= 88, R =15
O =34
19 6'
L= 685, R =110
A-36
65 3'
L— 35J /R =280
A=i6
151 1, R =586
5
-L-134 7 R =224
A =2
33.0'
A MASON MILL
ROgp NE
ROANOKE VALLEY
DRAWN BY AAS
4 J,
EXHIBIT A
PROPERTY OF
pry OF ROANOKE
TAX 1230104
1970 BLUE HILLS OR NE
PROPER "Y OF
GRAND PwrvO & FURNITURE c0 '11
TAX 7180211
2725 NICHOLAS AVE HE
HIT TO CORNER
R -35
PERMANENT 20' FIBER EASEMENT
BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
BY CITY OF ROANOKE, VA
SCALE: 1 " =50' I DATE 7120115 TAX 4 7230 101
PR °`ERrY °E EXHIBIT A'
*100 Noenl uc
0825 VTA CY 2370 REVD NW VIEW
F
100.0'- 100.0'
— PROPOSED
Da xioo'
FIRER EASEMENT
1 ,000 SF I
I
J
11111
I I I
AT I
11 _
I = I F FAR AVE N009
T
I
PROPERTY O
CITY OF 2370101
12 y 2370101
4mz HUFF w NW
AT
v� I
287 R - „7 I
A=63 PROPOSED m'
EAE FIBER
SEFXl
EAM1IFNI 9680
4F
34.6'— - 351 -1 ”—
20 2'
AVALON AVE N1'I
_ 16 7'
L- 120 -, R 137� 349 -2_ CITY OF ROANOKF. TIE TO CORNER _
A -51 RIGHT OF WAY _
PROPERTY OF ROPERTY OF —
G &H FALIADIAN ROANOKE LLC tBEING tA% b 2250116 4764 VALLEY VIFW BLVD R NW ROANOKE VALLEY PERIABLE WIDTH FIBER EASEMENT
BROADBAND EING GRANTED TO
LLEY BROADBAND AUTHORITY
l • CITY OF ROANOKE, VA
DRAWN BY: AAS SCALE. 1" =100' DATE 7120115 TAX92370101
PROPERTY OF
GIIY OF ROANOKE
TAX X 2016015
23 CENTRE AVE NW
WELLS AVL NW
PROPERTY OF
BLUE CAGLE ARTNERSHIP LLC
TAX a 2013009
116 JEFFERSON ST NW
EXHIBIT A
236.8'
PROPOSED
90 WIOF
FIBER EASEPENT
P735 OF
rc i IY OF
ROANOKE HIGHER
EOUCA iICN AU FLOPPY
TAX q 2013010
108 JEFFERSON 4 NW
CENTRE AVE NW
1
i
Ig_
I
z
v 2'
i
ROANOKE VALLEY PERMANENT VARIABLE WIDTH FIBER EASEMENT
BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
_ m ! I BY CITY OF ROANOKE, VA
DRAWN BY: AAS I SCALE: i " =50' I DATE 7120115 TAX 112013018
L-E XR[BfIQpT -A --
WELS AVE N'V
_ t
PROPERTY OF I —
CITY OF ROANOKE PROPFRTY OF
TA% g 2013001 CITY OF ROANOKE PROPERTY OF
209 HENRY ST NW TAX q 201J016 BLUE EAGLE PARTNERSHIP LC
23 CENTRE AVC N1V TAX N 1013009
z `I t16 JEFFERSON ST 11Y
20.0"
-- --- -.__.- 1 131.6' -20 -0'
PROPOSED
I FI R E -.
FIBER EASEIAENT
- — -- 2630 sF
PROPERTY OF
ROANOKE WEEDER -
EDUCATION AUTHORITY ¢
TAX N 20132 F
PftOPCR1V
1 m
09 HENRY ST NYY O
ROANOKE HIGHER
EDUCATION AUTHORITY
o TAX q 2013018
I0tl JEFFERSON ST El
CENTRF AVE NW
ROANOKE VALLEY PERMANENT VARIABLE WIDTH FIBER EASEMENT
BROADBAND BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
mmlow- • BY CITY OF ROANOKE, VA
DRAWN BY', AAS SCALE: 1' =50' �ATE:7120115 TAX #2013016
IBIT
-- sw
-
P
aoao
paANO�
L=
35.3
R110990
A-911
PROPOSED 90'
2Q1
�
63.4'
VIBER EASEMENT
41,050 Sr
L= 232 5, R =169
L=
44.3, R =4
A -79�
A-60
21 1'
SkX-1_ 205.6,
R -149
A -]9
49.5'
PROPERTY OF
CITY OF ROANOKE
56.4'
TAx q 1460101
L= 33 4, R =88
2102 GRANDIN ROAD SW
A =22
L= 417, R
-'..08
e =22
'29.5
77 0
76 9
–\
134` -� 1 13.9'
146
L= 1930, - R =317
A -30
L=
61 9, R =505
111 4'
61'
r26,
94.2'
3 8FTON ROAD SW
ROANOKE VALLEY
DRAWN BY AAS IOF2
96 1'
147.1'
,_L= 207.5, R =337
A =35
L= 68 0, R =525
A-7
PERMANENT 20' FIBER EASEMENT
BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
BY CITY OF ROANOKE, VA
SCALE, 1 "=100' I DATE7120115 TAX #1460101
63 .4 EXHIBIT A
cF —
r
1
PROPOSED 20' -
RBER EASEMENT IMAE
41050 5F
V_ N
51 LS
-i: 515.6'
LABURNUM AVE SYI
PRO,ERIY OF
'IIiy OF ROANOKE
iAX # 1660:0:
2102 GRANOIN ROAD S'4
25.5
QFpj
ROANOKE VALLEY PERMANENT 20' FIBER EASEMENT
BROADBAND BEING GRANTED TO
RlANOKE VALLEY BROADBAND AUTHORITY
BY CITY OF ROANOKE, VA MOM
DRAWN BY�AAS 2CF2 SCALE: 1 " =50` DATE:7120115 TAX 11450101
3
OF
Pi gpR A�fl \CTON _.
1204
PROPERTY OF
CITY OF ROANOKE
TAX N 1370201
2304 BRANBLETON AVE SW
249.5'
189.6'
PROPERTY OF
CITY OF 40A1:ME
TAX 9 '36030'
0 FRAN E[ON AVE SVI
S\
RdER FA`
208°0 SF
-114 S'
L= 90 B, R =582
93 5, R -602
A =9
PROPERTY OF
CITY OF ROANOKE
TA% X 1380101
3057 Cot ONIAFT AVE Cl
L= 98 6, R =209
A =2J 90.5, R =189
A
-2]
L= 1774, R =1583
O-6 -\
ROANOKE VALLEY
L= 116.2 R -1563
A =6
OR SW
20.0'
PERMANENT 20' FIBER EASEMENT
BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
BY CITY OF ROANOKE. VA
DRAWN BY AAS I SCALE: f =100' I DATE:712M5 TAXM1880101
s
FrBL
TIE TO CORNER
p�
PROPERTY OF
- �16L --
CITY OF ROANOKE
4
TAx A 1370202
1215 MCNEIL OR SW
ROANOKE VALLEY
L= 116.2 R -1563
A =6
OR SW
20.0'
PERMANENT 20' FIBER EASEMENT
BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
BY CITY OF ROANOKE. VA
DRAWN BY AAS I SCALE: f =100' I DATE:712M5 TAXM1880101
PROPERTY OF
C, 1Y OF ROANOKE
TAX A 1370202
126 MCNEIL DR SW
48.4
L= 50.7, R -54
A-45
133.
trg9< L= 6.7,A 94
L= 36.6, R =27
L- 115.0,
L= 212.6, R =4
0=
PROPERTY OF
CITY OF ROANOKE
TAX N 1380102
3095 COLONIAL AVE SW
PEE
-fN '
N
PROPERTY OF
CF Ty OF ROANOKE
FAX # 1370201
2304 BRAABLETON AVE SN
68.9, R =84
PROPOSED 20
i WDE FIBER
EASEMENT
12656 S:
_L= 33. , R =24
A=81 PROPERLY OF
6, R =7 cI11 OF ROANOKE
A-66 TAX N w
3057 COLOAE 13am "P m
SN
L= 110.9. R =801
A =8 I
Lq 203 7, R =465
29.9'
21.8'
TIE TO CORNER
28.9' cy 20.0'
ap
ROANOKE VALLEY PERMANENT VARIABLE WIDTH FIBER EASEMENT
BROADBAND BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
milwagim • BY CITY OF ROANOKE, VA
DRAWN BY AAS IOF2 SCALE: I =100 DATE 7120115 TAX 41370202
I
a7XMBMA
PROPERTY OF
CITY OF ROANOKE PROPERLY OF
FAX b 670202 CIFY Or ROANORE
1215 mcNEIL OR Sw TAX X '370201
2306 BRAMBIETPV FVE SW
PROPOSED 20
T ARE FIBER
1 / i EASEMENT
A2656 SF
57 20.0'
L
37 2' s. I - -
234 9'
T
PROP FRTY OF
2h4$ _ I CITY OF OANDKE
_ ipx k I 38010]
I 3057 COLONIAL AVE SW
v
L= 298"9, R =657 VE
L= 297 9, R =627_ =26
4 =25
Ty
O OF F R RO OF
CY
Ty
TAX q 1380102 8F102
3095 COLONIAL AVE SW 51.0
n
F T.
20.0'- \
SP
S F,,
Ti
ROANOKE VALLEY PERMANENT VARIABLE WIDTH FIBER EASEMENT
BROADBAND BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
simommmusmBY CITY OF ROANOKE, VA
DRAWN BY: AAS 20F2 SCALE', V =100' DATE ?120115 TAX If 1370202
EXHIBIT A
PROPOSED
VARIABLE WIDTH
"BER EASEMENT
6640 OF
PFNEFFTI OF
SHENANDOAH LIFE nu5NRANCC CO INC.
IA N 1370102
2301 BRAIEBLETON AVE S41
ROANOKE V
��ig7y TIE 0 CORNER
\
82.8 82.6.
\ 245.7'
Bp
53.3'
OH
9jf
S�
197.3' gFF,
PROPERTY OF
CITY OF ROANOKE
TAX X 1370201
2304 SRAMBLETON AVE S1V
PROPERTY OF
CITY OF ROANOKE
TAX A 1360101
3057 COLONIAL AVE SW
PERMANENT VARIABLE WIDTH FIBER EASEMENT
BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
BY CITY OF ROANOKE, VA
DRAWN BY AAS I SCALE', 1" =100' I DATE 7120115 TAX # 1370201(2)
J
PROPERTY OF
CITY OF ROAN OFF
TAX N 13]0202
1215 MCNFIL OR SW
/T
1
ROANOKE V
��ig7y TIE 0 CORNER
\
82.8 82.6.
\ 245.7'
Bp
53.3'
OH
9jf
S�
197.3' gFF,
PROPERTY OF
CITY OF ROANOKE
TAX X 1370201
2304 SRAMBLETON AVE S1V
PROPERTY OF
CITY OF ROANOKE
TAX A 1360101
3057 COLONIAL AVE SW
PERMANENT VARIABLE WIDTH FIBER EASEMENT
BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
BY CITY OF ROANOKE, VA
DRAWN BY AAS I SCALE', 1" =100' I DATE 7120115 TAX # 1370201(2)
EXHIBIT A
T
105.
SEWELL LN IN
zi
II
PROVER /
CITY P` ROANOKE F
TAx q 136o3m.
0 9RABlfTON AVE SW
PROPERTY OF
61 T CIS OF ROANOKE 380
i g 1380101
AVE 3057 COLONIAL AV SO
721'
VARIABLE WIDTH
FIBER EASEMENT
2160 IF
PROPERTY OF
CITY OF ROANOKE
TAX N 137020`
2304 BHAI9LETON AVE SYI
KE VALLEY PERMANENT VARIABLE WIDTH FIBER EASEMENT
BEING GRANTED TO
ROANOKE VALLEY BROADBAND AUTHORITY
ammi ! BY CITY OF ROANOKE, VA
DRAWN BY AAS I SCALE: 1 " =50' IDATE7120115 TAX #1370201
EXHIBIT B
INVENTORY OF LICENSEE'S EQUIPMENT
Buried Conduit (4 way Dura -line Futurepath)
Conduit will contain Fiber Optic Cable (144 strands of DES or compatible cable)
3. Hand Holes- (buried connection boxes with cover) Quazite or compatible 30 "x48 " - various
locations
4. Communications Hut #1 and all associated equipment will be located on parcel 2370101. This is
an above ground facility in a City Park as shown on Build Sheet 161 and Exhibit A. Specifications of the
building and equipment are as follows (Items 1 -10):
1. Manufacturer: VFP Equipment Shelters or approved equal.
2. Shall include the following:
a. Size nominal 11'6" wide (12' wide with roof overhang) exterior x nominal 14 long
exterior x nominal 9'2" high interior, one room concrete shelter.
b. The structural loads of the concrete shelter are as follows.
1) 200 pounds per square foot distributed floor loading while on foundation.
2) 125 pounds per square foot distributed floor loading while lifting.
3) 100 pounds per square foot distributed roof load.
4) 100 mph wind load.
5) Seismic zone 4.
c. Exposed aggregate exterior.
d. The shelter walls are capable of stopping 30.06 rifle fire per UL752 requirements.
e. Two -hour fire rating.
I. The walls and ceiling will be insulated to R -1 t with hardboard insulation.
g. The interior walls and ceiling will be sheathed with white nupoly board.
h. Light colored industrial grade vinyl tile floor covering.
i. One (1) 42" wide x 84" high insulated steel exterior door, with aluminum continuous
tamper -proof hinges, passage leverset, Best deadbolt lockset, hydraulic closer,
and fiberglass weather hood.
3. Power Distribution:
a. One (1) 200 Amp, 10,000 AIC, 120/240 Volt, single phase, main breaker, power
distribution panel with 40 spaces, in a NEMA 1 surface mount enclosure.
b. Circuit breakers for all VFP installed equipment and customer loads as specified.
c One (1) shelter wall penetration to serve as utility power service entry.
d. One (1) wall penetration to service for future generator connection.
e. One (1) 200 Amp, 240 Volt, fused, double pole, single throw safety switch in a NEMA
1 enclosure.
f_ Six (6) 20 Amp specification grade duplex receptacles.
g. One (1) 20 Amp specification grade exterior, GFI duplex receptacle.
4. Lighting:
a. Four (4) four foot, two tube surface mounted fluorescent light fixtures with wall switch.
b. One (1) exterior 100 Watt incandescent light with photo cell and switch control.
5. HVAC
a. Two (2) nominal 24,000 Btu /hr wall mount air conditioning unit, with low ambient and
compressor anti cycle controls, integral 5 kW resistance heat strip and washable
dust filter.
b. Redundant lead /lag controls allowing approximately equal operating time on each air
conditioning unit.
Liwnse Agree,i Fmedbnnd Aolh0lll }(8- IZ- IS$clervn). doc 27
6. Alarm Device Contacts
a. The following alarm device contacts will be wired and brought to a location specified
by the Owner. The alarm wires will be coiled and tagged for identification per
VFPstandards.
1) One (1) line voltage smoke detector.
2) One (1) intrusion alarm switch with form "C" contacts rated .1 Amps at 28
VDC.
7. Grounding
a. Exterior ground rings /rods or connection'9n to the interior ground ring.
b. Connection of a grounding electrode conductor at the shelter service equipment.
c. One "halo'' ground system consisting of a 2 AWG stranded green insulated copper
halo, approximately 6 inches below the ceiling, with vertical 2 AWG bare /tinned
copper drops through the floor at each corner.
J. One (1) interior ground bar.
8. Accessories
a. Entrances for three (3) conduit banks or fiber stub ups in floor
b. Twenty (20') of 18" wide cable ladder.
c. One (1) service manual.
d. All wiring will be installed in surface mounted conduit or wireways if specified and will
be in full compliance with ANSI /NFPA -70 - The National Electric Code, latest
revision.
9. Fiber Patch Panels
a. Three (3)- 144 -POs LSX Optical Distribution Frame, SM SC /UPC Adapters, 12 Fiber
Stranded Loose Tube pigtails and Splice Trays. Includes all hardware, complete
in place.
10. Equipment Rack. 7 Ft Rack, 19 in to contain unspecified electronic equipment for network
operations.
License Agreement -Broadband Authurip (8-12 15)(cican) doe 28
BARBARA A. DAMERON
Director of Finance
August 17, 2015
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 465
Roanoke, Virginia 24011 -1220
Telwnnne: (540)853-2811
Pox_ (540)853 -6142
Honorable Mayor and Members of City Council
Roanoke, VA
Dear Mayor and Members of Council:
RE: Annual Report of Pension Plan Board of Trustees for FY201 5
ANDREA F. TRENT
Assistant Director of Finance
Please reserve space on Council's regular agenda on August 17, 2015 for a report
on the above referenced subject.
Sincerely,
Barbara A. Dameron
Director of Finance
k
BARBARA A. DAMERON
Director of Finance
August 17, 2015
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 465
Roanoke, Virginia 24011 -1220
Telwnnne: (540)853-2811
Pox_ (540)853 -6142
Honorable Mayor and Members of City Council
Roanoke, VA
Dear Mayor and Members of Council:
RE: Annual Report of Pension Plan Board of Trustees for FY201 5
ANDREA F. TRENT
Assistant Director of Finance
Please reserve space on Council's regular agenda on August 17, 2015 for a report
on the above referenced subject.
Sincerely,
Barbara A. Dameron
Director of Finance
Annual Report
City of Roanoke Pension Plan Board of Trustees
Fiscal Year Ended June 30, 2015
The Pension Plan Board of Trustees established pursuant to City Code Chapter 22.3, as amended,
serves as the trustee and administrator of the defined benefit pension plan sponsored by the City.
The City is currently under contract with The Bogdhan Group, a defined benefit consultant, who
provides consultative investment and administrative guidance to the Board. Mr. Howard Pohl represents
The Bogdhan Group. The Bogdhan Group is an acknowledged fiduciary.
The City is currently under contract with Cheiron, a defined benefit actuary, who provides consultative
technical and administrative guidance to the Board. Mr. Stephen M. McElhaney, FCA, FSA, leads the
actuarial team supporting the City. Cheiron is an acknowledged fiduciary.
The City is currently under contract with CAPTRUST Financial Advisors, a defined contribution
consultant, who provides consultative investment and administrative guidance to the Board. Ms. Beryl
Ball, Vice President and Financial Advisor, represents CAPTRUST. CAPTRUST is an acknowledged
fiduciary.
The following meetings were held for the fiscal year ending June 30, 201 5:
1. July 9, 2014
2. October 8, 2014
3. January 14, 2015
4. April 8, 2015
Representation
Committee Member
Meetings Attended
4
3
2
1
Participating Employers
Cassandra Altice
v
v
v
Ex- officio, Mayor
David Bowers
v
v
Member at Large
Glen Combs
v
v
J
Ex- officio, Director of Finance
Barbara Dameron
v
v
v
Member at Large
Greg Feldmann
v
v
v
Retired Employees
James Grisso
v
v
v
v
Public Safety
Stephen Keatts
v
v
v
Ex- officio, Director of Finance (Acting)
Amelia Merchant
v
Ex- officio, City Manager
Christopher Morrill
v
v
v
Active Employee
Michael Shockley
J
J
v
v
July 9, 2014 Meeting
On motions duly made, and seconded, the Board elected James Grisso, Chairperson, and Greg
Feldmann, Vice - Chairperson.
The May 31, 2014 monthly and March 31, 2014 quarterly investment updates were presented and
reported upon by the Chairman.
Annual Report - City of Roanoke Pension Plan
Page 2
The Board declined the request of Comerica Bank to enter into an investment management agreement
for the use of Comerica's Short-Term Investment Fund, utilized for the investment of cash held in
custody and in the securities lending program. The Board approved the use of BlackRock Investments
short-term investment fund to replace the Comerica Short-Term Investment Fund.
October 8, 2014 Meeting
The results of the June 30, 2014 actuarial valuation and a forecast for 2014 through 2033 were
presented by Kevin Woodrich and Alison Chafin of Cheiron, the plan's actuaries. The Board approved a
change in the actuarial valuation method to Entry Age Normal, consistent with Government Accounting
Standards Board Pronouncement 67 (GASB 67).
The June 30, 2014 quarterly investment update was presented. The Board formalized their approval of
the termination of an investment manager due to unexpected and immediate changes in the manager's
portfolio management team. The Board approved the termination of the agreement for recovered
brokerage services with the current provider and the execution of agreements with newly selected
service providers.
January 14, 2015 Meeting
The September 30, 2014 quarterly investment updates were presented and reported upon by the
Assistant Director of Finance. The Board approved the hiring and execution of an investment
management agreement with a newly selected manager to replace the manager terminated based on
approval formalized at the October 8, 2014 meeting.
Chairman Grisso established a special committee to address the issues /concerns expressed with regard
to City Council's ability to make changes to the Pension Plan which might detrimentally impact the
Plan's funded status. The concerns expressed include a desire to see an actuarial study for any /all
proposed pension plan changes, and a review of the anticipated change in the City Charter altering the
reporting structure of the Director of Finance from a Council- Appointed officer to an employee under
the direct supervision of the City Manager.
April 8, 2015 Meeting
The December 31, 2014, quarterly investment update was presented and reported on by the Chairman
and the Assistant Director of Finance.
The Board approved the assignment of the contract for investment consulting services, acknowledging a
change in ownership of The Bogdahn Group resulting from the purchase of a majority ownership
interest by the current management group. The existing contract for investment consulting services
with The Bogdahn Group expires effective June 30, 2015 with all optional renewal periods having been
utilized. The Board was provided detail on the RFP for investment consulting services which was
initiated in January 2015, The Board approved the hiring and execution of a contract for investment
consulting services with The Bogdahn Group, based upon the interview committee's recommendation,
subject to final approval by the City Attorney.
The Board was provided information on the recent RFP for Audit Services issued by the City. The Board
was confidentially informed of the selected firm as the announcement of the chosen firm had not been
made public.
A draft report of the Special Committee, appointed by Chairman Grisso, was presented. The draft
report reflected the Committee's unanimous support of the recommendation /desire for an actuarial
study of any benefit change that may impact the Plan's liability, either positively or negatively. The
Annual Report - City of Roanoke Pension Plan
Page 3
Committee also recommended the Director of Finance remain as an ex- officio member of the Board
even though the position will report to the City Manager.
Chairman Grisso requested the Committee create a proposed Code change with regard to the annual
contribution rate. Mayor Bowers would like to authorize the auditor to conduct an annual review of the
plan and report findings to City Council.
Pension Plan retirement applications were presented at each Board meeting and approved as follows
Meeting Date
ERS
ESRS
Total
Death with Spousal Option
July 9, 2014
2
29
31
3
October 8, 2014
0
27
27
5
January 14, 2015
0
10
10
2
April 8, 2015
1
19
20
2
Total
3
85
88
12
The minutes of each meeting of the Pension Plan (Defined Benefit) Board of Trustees have been
filed with the Director of Finance upon approval. All Board minutes and related reports are
available upon request.
BARBARA A. DANIERON
Dirccor of Finnnce
August 17, 2015
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 465
Roanoke. Virginia 24011 -1220
Telephone (540)8532821
Fax. (540) 853 -6142
Honorable Mayor and Members of City Council
Roanoke, VA
Dear Mayor and Members of Council:
RE: Annual Report of Pension Investment Committee for FY201 5
ANDREA F. TRENT
Assist nt Director of Finance
Please reserve space on Council's regular agenda on August 17, 2015 for a report
on the above referenced subject.
Sincerely,
Barbara A. Dameron
Director of Finance
Annual Report
Pension Investment Committee
Subcommittee of the
City of Roanoke Pension Plan Board of Trustees
Fiscal Year Ended June 30, 2015
The Pension Investment Committee (PIC) serves as an appointed subcommittee of the City of Roanoke
Pension Plan Board of Trustees. The PIC serves in an advisory capacity to the Board of Trustees in
matters related to the investment administration of the defined benefit pension plan trust fund. The
PIC meets quarterly with additional meetings scheduled as needed to address specific investment
matters.
The City is currently under contract with The Bogdhan Group, a defined benefit investment consultant,
who provides consultative investment and administrative guidance to the Board. Mr. Howard Pohl
represents The Bogdhan Group. The Bogdhan Group is an acknowledged fiduciary.
The following meetings were held for the fiscal year ending June 30, 201 5:
1. August 20, 2014
2. November 19, 2014
3. December 18, 2014 (Fixed Income Manager Interviews)
4, February 18, 2015
5. May 28, 2015
Appointed Committee Member
Meetings Attended
5
4
3
2
1
Glen Combs
v
Barbara Dameron
J
v
v
J
Greg Feldmann
v
v
v
v
v
James Grlsso
v
v
v
Andrea Trent
J
v
v
v
v
Other Attending Board Members
Michael Shockley
J
v
J
August 20, 2014 Quarterly Meeting
On motions duly made and seconded, the Board elected James Grisso, Chairperson, and Greg Feldmann,
Vice - Chairperson.
The PIC heard a presentation of the broad investment market performance for the quarter ended June
30, 2014, by the plan's investment consultant. The PIC reviewed the investment consultant's report on
the plan's investment performance at the asset class and individual manager levels for the quarter, one,
three, and five -year periods ended June 30, 2014.
The PIC heard presentations on alternative investment strategies from the investment consultant. There
were no recommendations for changes to the plan's asset allocation policy to incorporate the
alternative investment strategies at this time.
The PIC reviewed information on projected cash needs to cover projected benefit payments for the
upcoming fiscal year. The PIC approved the rebalancing of the investment portfolio for the investment
Annual Report - City of Roanoke Pension Plan Pension Investment Committee
Page 2
of funds in a balanced mutual fund to provide liquidity needed to cover projected benefit payments for
the current fiscal year.
November 19, 2014 Quarterly Meeting
The PIC heard presentations from JP Morgan Asset Management on the JP Morgan Strategic Property
Fund and the JP Morgan Infrastructure Investments Fund, which are utilized for the pension fund's
investments in the real estate and alternative investments asset classes. Following the presentations,
the PIC discussed the presentations and the performance of these investments with the investment
consultant.
The PIC heard a presentation of the broad investment market performance for the quarter ended
September 30, 2014, by the plan's investment consultant. The PIC reviewed the investment
consultant's report on the plan's investment performance at the asset class and individual manager
level for the quarter, one, three, and five -year periods ended September 30, 2014.
On September 26, 2014, PIMCO announced the immediate resignation of founder and Chief Investment
Officer, Bill Gross. Based upon other recent changes in the portfolio management team, recent
comparative investment performance, and the immediate resignation of this key management figure,
The Bogdahn Group recommended the immediate liquidation of the plan's investment in the PIMCO
Total Return Fund.
The PIC reviewed information on fixed income manager candidates recommended by the consultant for
the investment of assets liquidated from the PIMCO Total Return Fund in September 2014. The PIC
selected three manager candidates to interview.
December 18, 2014 Fixed Income Manager Interview Meeting
The PIC met to interview three candidates selected to manage the core fixed income component of the
investment allocation. Following thorough review and discussion of the information presented, the PIC
elected to recommend the hiring of Garcia Hamilton & Associates as the plan's core fixed income
manager. This recommendation was made to the full Board of Trustees at the January 14, 2015
meeting.
February 18, 2015 Quarterly Meeting
The PIC heard a presentation of the broad investment market performance for the quarter ended
December 31, 2014, by the plan's investment consultant. The PIC reviewed the investment consultant's
report on the plan's investment performance at the asset class and individual manager level for the
quarter, one, three, and five -year periods ended December 31, 2014, with the consultant.
The PIC discussed funding strategies for the core fixed income component to be managed by Garcia
Hamilton & Associates.
The PIC was provided information on recent changes in ownership in The Bogdahn Group, the plan's
defined benefit investment consultant. These ownership changes are a result of the sale of a majority
interest in the firm to the firm's current senior management team, with the ultimate goal of broadening
ownership of the firm to include current employees. The PIC agreed to recommend consent to the
change in ownership to the Board of Trustees.
The PIC was provided information on the recently issued Request for Proposals (RFP) for investment
consulting services. The RFP was issued due to the pending expiration of the contract with The
Bogdhan Group. Mr. Feldmann agreed to serve on the RFP evaluation committee. The RFP evaluation
committee will be comprised of three Finance Department employees (Committee members Barbara
Annual Report - City of Roanoke Pension Plan Pension Investment Committee
Page 3
Dameron and Andrea Trent, and Harold Harless, Retirement Financial Analyst), Board member Michael
Shockley (Budget Administrator), and Mr. Feldmann.
The RFP evaluation committee met on Thursday, March 12, 2015, to review the 12 responses received.
The evaluation committee narrowed the candidate pool to 5 consulting firms. The evaluation
committee interviewed the 5 selected firms on Thursday, April 2, 2015. The evaluation committee
recommended the rehiring of The Bogdahn Group as the plan's investment consultant. The Board
approved the hiring The Bogdahn Group at their April 8, 2015 meeting.
May 25, 2015 Quarterly Meeting
The PIC heard a presentation of the broad investment market performance for the quarter ended March
31, 2015, by the plan's investment consultant. The PIC reviewed the investment consultant's report on
the plan's investment performance at the asset class and individual manager level for the quarter, one,
three, and five -year periods ended March 31, 2015,
The PIC discussed the Statement of Investment Policy, the plan's current asset allocation and portfolio
rebalancing. The PIC approved the recommendation of minor changes to the Statement of Investment
Policy asset allocation to remove the allocation to the core plus fixed income strategy and to include
this component in the core fixed income allocation. On the recommendation of the consultant, the PIC
approved the continued monitoring of the plan asset allocation and the deferral of the portfolio
rebalancing to include the refunding of the balanced mutual fund utilized for liquidity required to fund
annual benefit payments for the next fiscal year.
The minutes of each meeting of the Pension Investment Committee have been filed with the
Director of Finance upon approval. All Committee minutes and related reports are available upon
request.
I�
tr CITY OF ROANOKE
OFFICE OF THE CITY CI,ERK
215 Church Avenue, S. W., Suite 456
Rnanoke, Virginia 24011 -1536
Telephone: (540)853 -3541
Pax: (540)853 -1145
5'I lTu AN I E M. MOON REYNOLDS, MMC E -mall: clerku`rommkeva.gov
CECELIA T. W ERR, CMC
City Clerk Acting Dcpnty City Clerk
August 18, 2015
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40325 - 081715 amending and reordaining Section
22.3 -7, Amendments to chanter and effect on Participating employees, Article I,
General, Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979),
as amended, by adding a new subsection (b).
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2015; and is in full force and effect upon its
passage.
Sincerely,
�N-.c„t
Stephanie M. Moon Reyn Ids, M
City Clerk
Enclosure
PC: The Honorable Evelyn W. Powers, City Treasurer
The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Rick Kahl, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
IN 'PILL C'OUNC'IL, OF I'lII! ('1'1'Y OI; ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40325- 081715.
AN ORDINANCE amending and rcnrdaining Section 22.3 -7, Amendments to chanter
and effect on pm-tici ati❑ emGvecs, Article L General, Chapter 22.3, Pensions tmd Retirement,
Code of the City of Roanoke (1979), as amended by adding a new subsection (b); providing for
au effective date; and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that
Chapter 22.3, Pensions and Retirement, Article 1, General, Section 22.3 -7,
Amendments to chapter and effect on t�rtieipatin employecs, Code of the City of Roanoke
(1979), as amended, is amended to read and provide as follows:
Sec. 22.3 -7. - Amendments to chapter and effect on partieinatine emplovers.
(a) The city council shall have the continuing right and power to amend or
supplement this chapter at any tine, which right and power is hereby expressly
reserved, but no amendment shall be adopted which will reduce the then-
accrued benefits of members or beneficiaries below the extent they are then
covered by city plan assets.
(b) Prior to the adoption of any amendment to this chapter that will alter, change, or
impact the actuarial accrued liability, city council shall be provided an actuarial
analysis of such proposed amendment to identify the cost /impact of sue],
proposed amendment, if any. Notwithstanding the foregoing, city council may
adopt any such amendment after receiving the actuarial analysis.
(c) Such amendments shall apply to all employees of participating employers unless
city council specifically provides that such amendments may be rejected by
participating employers.
2. This ordinance shall be in fill] force and effect upon its passage.
Pursuant to the provisions of section 12 of the City Charter, the second reading of
this ordinance by title is dispensed with.
ATTEST:
City Cler . JJ ((J
ECITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: Pensions and Retirement Chapter 22.3
Background
On July 16, 2012, City Council adopted Ordinance No. 39450-071612, in which
City Council repealed Chapter 22.2, Pensions and Retirement and enacted
Chapter 22.3, Pensions and Retirement. This ordinance provided for
modifications to the Employees' Supplemental Retirement System (ESRS), a new
benefit in the form of a retirement health savings plan to become effective July
1, 2013, and the establishment of a Hybrid Program to become effective July 1,
2014.
The Pension Plan Board of Trustees (the Board) reviews and may periodically
recommend modifications to Chapter 22.3 as a part of the Board's fiduciary
responsibilities to ensure the sustainability of the pension plan. The Board
recommends a change be made to Chapter 22.3 for clarification and
transparency purposes. The change amends the chapter to expand the
required disclosures to Council relating to any alteration or change to the
pension plan that impact actuarial accrued liability. This additional analysis will
provide the cost and /or fiscal impact, if any, of any changes proposed.
Recommended Action:
Adopt the accompanying ordinance amending and reordaining Section 22.3 -7,
Amendments to chapter and effect on participating employers, of Chapter 22.3,
Pensions and Retirement of the Code of the City of Roanoke (1979), as
amended.
orb ra A. Dameron
Director of Finance
Distribution: Council Appointed Officers
Andrea Trent, Assistant Director of Finance
R.Brian Townsend, Assistant City Manager for Community Development
Sherman Stovall, Assistant City Manager for Operations
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Tdephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail riOk(fronnokeva.gov C'ECELIA'1'. WEBB, CM('
ti'I'lil'I IANIF. NI. MOON REYNOLDS, MIMIC E -mail Deputy City Cle,'k
City Clerk
August 18, 2015
Cindy Poulton, Clerk
Roanoke City School Board
40 Douglass Avenue, N. W.
Roanoke, Virginia 24012
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 40326 - 081715 to appropriate funding
from the Federal and Commonwealth for various educational programs, amending and
reordaining certain sections of the 2015 - 2016 School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2015; and is in full force and effect upon its
passage.
Sincerely,
Q�h1 std M n�M
Stephanie M. Moon Reyno S,
City Clerk
Enclosure
PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40326 - 081715.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth for various
educational programs, amending and reordaining certain sections of the 2015 -2016 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
2015 -2016 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Substitutes Teacher
Personnel Services -Other
Supplemental Pay - Forest Park
Supplemental Pay - Fleming
Social Security
Social Security
Medical /Dental
Medical /Dental
Educational Supplies
Educational Supplies
Instruction - Teacher
Payment of Joint Operations
Career & Technical Educ. Equip.
Testing & Evaluation
Testing Fees
Revenues
Federal Grant Receipts
Federal Grant Receipts
Slate Grant Receipts
State Grant Receipts
State Grant Receipts
State Grant Receipts
State Grant Receipts
302 -110
- 0000 -0230 -135H - 61100 -41021 -3 -01
$ 240
302 -140
- HOME -1000 -145J -61210 -41138 -9 -10
6,000
302 - 110
-0000- 1304 -309K- 61100 - 41129 -3 -01
3,200
302 -110
-0000 -0400 -309K -61100 -41129 -3 -01
3,200
302 -110
-0000- 1304 -309K- 61100 - 42201 -3 -01
245
302 -110
- 0000 -0400 -309K -61100 -42201 -3 -01
245
302 -110
- 0000 -1304 -309K -61100 -42204 -3 -01
507
302 -110-
0000 - 0400 -309K - 61100- 42204 -3 -01
507
302 - 110
-0000- 1304 -309K- 61100- 46614 -3 -01
48
302 -110
- 0000 -0400 -309K- 61100- 46614 -3 -01
48
302 -191-
1302 - 0553 -325J- 61100- 41121 -3 -02
(533)
302 -191
-0000 -0553 -325J- 61100 - 47701 -9-02
43,971
302 -170
- 3000 -0400 -306K -68200 -48110 -3 -03
567
302 -170
- 3000 -1160 -314K -61100 -45584 -3 -03
2,503
302 - 170
- 3000- 1160 -315K- 61100- 45584 -3 -03
512
302 -000
-0000 -0000 -135H - 00000 -38367 -0 00
$ 240
302 -000
-0000 -0000 -145H - 00000 -38196 -0 00
6,000
302 -000
-0000 -0000 -309K -00000 -32418 -0 00
8,000
302 -000
-0000 -0000 -325,1 - 00000 -32272 -0 00
43,438
302 -000
-0000 -0000 -306K - 00000 -32252 -0 00
567
302 -000
-0000 -0000 -314K - 00000 -32349 -0 00
2,503
302 -000
-0000 -0000 -315K -00000 -32349 -0 00
512
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
7 d�}�QJ1nn
City Clerk. e Q
August 17, 2015
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday, August 11,
2015, the Board respectfully requests that City Council approve the
following appropriation requests:
New Appropriations Award
Workplace Readiness 2015 -2016 $2,503.37
Revised Appropriations
Additional Award
Title II -A Improving Teacher Quality 2013 -2015
$240.00
Title X -C McKinney Vento 2014 -2
$6,000.00
Project Graduation Summer Academy 2015 -2016
$8,000.00
Regional Alternative Education 2014 -2015
$43,438.00
Industry Certification and Licensure Testing
2015 -2016
$511.92
Career and Technical Education Equipment
2015 -2016
$566.75
On behalf of the School Board, thank you for your consideration.
Sincerely,
Cindy H. Poulton
Clerk
pc: Dan Callaghan Rita D. Bishop
Chris Morrill Kathleen Jackson
Barbara Dameron Acquenatta Harris (w /details)
Suzanne P. Moore
1
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Suzanne P. Moore
Chairman
Lori E. Vaught
Vice Chairman
Mark K. Cathey
William B. Hopkins, Jr.
Annette Lewis
Laura D. Rottenhorn
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
www.rcps.info p: 540.853.2381 E 540.853.2951 P.O. Box 13145 Roanoke VA 24031
~� CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: School Board Appropriation Request
Background
As the result of official School Board action at its August 11, 2015 meeting, the Board respectfully
requested that City Council appropriate funding as outlined in this report.
The Title II -A Improving Teacher Quality 2013 -15 grant of $240 provides funding for teachers
positions to reduce class sizes, and provide training opportunities to teachers that directly support
their ability to provide quality instruction to students. This is a revision to the original award
allocation, will be fully reimbursed by federal funds and this grant period will end September 30,
201 S. This is a continuing program.
The Title X Part C McKinney Vento 2014 -15 grant of $6,000 provides funds on a reimbursement
basis to promote the educational access and success of homeless children in Roanoke City Public
Schools. This is a revision to the original award allocation, will be fully reimbursed by federal funds
and this grant period will end September 30, 2016. This is a continuing program.
The Project Graduation Summer Academy 2015 -16 grant of $8,000 provides funds for 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 revision to the original award
allocation, will be fully reimbursed by state funds and the grant period will end November 13, 2015.
This is a continuing program.
The Regional Alternative Education 2014-15 grant of $43,438 provides funds for students who are
academically delayed and provides the opportunity to participate in an accelerated academic
program. This is a revision to the original award allocation, will be fully reimbursed by state funds
and the grant period will end June 30, 2015. This is a continuing program.
The Career and Technical Education Equipment 2015 -16 grant of $567 provides for the
reimbursement of costs associated with career and technical education equipment purchases. The
grant restricts reimbursement to include only those purchases that have been approved by the
Department of Education. This is a revision to the original award allocation, will be fully reimbursed
by state funds and the grant period will end June 3, 2016. This is a continuing program.
The Workplace Readiness for the Commonwealth Exam Allocation 2015 -16 grant of $2,503 provides
state funds to fund a portion of the cost for standard diploma graduates to take the Workplace
Readiness Skills for the Commonwealth Examination and associated pre- tests. This program will be
fully reimbursed by state funds and will end May 31 , 2016.
The Industry Certification and Lice nsure Testing 2015-16 grant of $512 provides reimbursement of
costs associated with student credentialing. Reimbursement is restricted to industry certification
exams, licensure tests or occupational competency assessments that have been approved by the
Board of Education for the student selected verified credit option. This is a revision to the original
award allocation, will be fully reimbursed by state funds and the grant period will end June 30, 2016.
This is a continuing program.
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.
arbara 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 Chief Financial Officer, RCPS
tr� CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Roan 456
Roanoke, Virginia 24011 -1536
'rdrPLOnc: (540)x53 -2641
Fn.a: (5411)853 -1145
STFPIIANIRM. MOON RFVNOLDS, MMC Lnmil: drrkG�'rannnkevn.gov
CECELIA T. WENR, CMC
City Clerk Actin, 1h,ut, City C'krk
August 18, 2015
Braxton G. Naff
2131 Deyerle Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Naff:
I am enclosing copy of Resolution No. 40327 - 081715 reappointing you as a Director of
the Economic Development Authority of the City of Roanoke for a term commencing
October 21, 2015, and ending October 20, 2019.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 17, 2015.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the
capacity to which you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your reappointment and each member is required "to
read and become familiar with provisions of the Act."
Braxton G. Naff
August 18, 2015
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of Roanoke as a
Director of the Economic Development Authority.
Sincerely,
441/'
Stephanie M. Moon Reynolds, MC
City Clerk
Enclosures
PC: Harwell M. Darby, Jr., Secretary, Economic Development Authority of the City of
Roanoke, Glenn, Feldmann, Darby & Goodlatte, 37 Campbell
Avenue, S. W., Roanoke, Virginia 24011
IN TI IF COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40327- 081715.
A RESOLUTION reappointing a Director of the Economic Development Authority of the
City of Roanoke to fill a four (4) year term on the Board of Directors.
WHEREAS, the Council is advised that the term of office of Braxton G. Edward Naff, a
Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire
October 20, 2015; and
WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides that appointments
made by the governing body of such Directors shall, after initial appointment, be made for terms of
four (4) years.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Braxton G.
Edward Naff is hereby reappointed as a Director on the Board of Directors of the Economic
Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing
October 21, 2015, and expiring October 20, 2019.
K. \Meesnres\edn renppoim arnxron Nxff 2015.d00
ATTEST:
it " 1 1'
City Clerk,
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 August 2015, BRAXTON G. NAFF was
reappointed as a Director of the Economic Development Authority, for a term
commencing October 21, 2015, and ending October 20, 2019.
Given under my hand and the Seal of the City of Roanoke this eighteenth day of
August 2015.
e.tit..'
�v CI
.w,_,Jllaneous: City Council August 13, 2015
W, ZOO
ROANOKE
OFFICE OFTHE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, 5W, Room 364
Roanoke, Virginia 24011
540.653.2333
v .roanokeva.gov
August 12, 2015
Honorable Mayor and Members of City Council:
Subject: Status Report: Affirmative Action and Diversity Update for Calendar Year 2014
Background
As one of the largest employers in the Roanoke Valley, we continue to focus on building and
maintaining a workforce that reflects the rich diversity of our community. Our emphasis is on
fostering an inclusive and welcoming work environment, as well as providing our employees
with professional and career development opportunities.
Gender Diversity
The current population of the City of Roanoke consists of 50.8% female and 49.2% male.
Employment data for Calendar Year 2014 reflect the following:
• Female employees comprise 36.98% of the City workforce, compared to 63.02% for males.
The number of female employees increased slightly, .64 %, from the prior year.
• The City filled 199 positions during the year, with 43.22% of the positions filled with females
and 56.78% filled with males. The number of female new hires decreased 5.59% from the
prior year. The chart below shows 37.59% - 48.81% female new hires over the last five
years.
2014
2013
2012 6 Female
■ Male
2011
2010
0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00%
I .
• A total of 94 promotions occurred during the year, with females receiving 39.36% of the
promotions and males 60.64 %. The number of females promoted increased by 1 % from the
prior year. The chart below shows 37.38% - 40.68% female promotions over the last five
years.
80.00%
70.00%
60.00%
50.00%
■ Male
40.00%
30.00% ■ Female
20.00%
10.00%
0.00%
2010 2011 2012 2013 2014
Racial Diversity
The current minority population of the City of Roanoke is 34.10 %. For the purpose of diversity
reporting, "Minority' includes Black (African American), Hispanic, American Indian, Asian,
Pacific Islander, and Alaska Native. Minorities comprise 22.3% of the local Roanoke workforce.
Employment data for Calendar Year 2014 reflect the following:
• Minorities comprise 20.19% of the City workforce, a slight decrease of .13% from the prior
year.
• Minorities accounted for 20.1% of the new hires, a decrease of 4.31% from the prior year.
The chart below shows 17.73% - 24.41% minority new hires over the last five years.
2014
2013
2012
2011
2010
0.00% 20.00% 40.00% 60.00% 80.00% 100.00%
SMinority
■ White
• With respect to promotions, minorities accounted for 17.02 %, an increase of .48% from the
prior year. The chart below shows 15.25% - 24.30% minority promotions over the last five
years.
2014
2013
2012
■ White
■ Minority
2011
2010
0.00% 20.00% 40.00% 60.00% 80.00% 100.00%
Diversity Initiatives
• Through the Diversity Advisory Council, diversity and inclusion continues to be promoted on
a continuous basis via Diversity Month and Lunch and Learn activities. Both activities focus
on providing opportunities for employees to enhance their awareness and understanding of
the broad dimensions of diversity and inclusion. Employees are encouraged to share the
information gained when they return to their respective departments. As in prior years, May
was again proclaimed "Diversity and Inclusion Awareness Month ".
• Department Directors continue to prepare staff to interact with diverse citizenry, and actively
promote inclusiveness and appreciation of diversity in their respective departments:
• The Human Services department reallocated staff to create a Spanish interpreter
position, in addition using interpreter services. This is also one of the few departments in
the state that licensed same sex partners as foster parents prior to the change in Virginia
state law that now recognizes same sex marriage.
• The Police Department has transitioned to a citizen - centric policing model through
transparency and engaging at all levels with the community, striving to create
cooperative interactions.
• Departments have utilized interpersonal development tools, such as the DISC
Assessment to help employees recognize opportunities for diversity of thoughts and
ideas and identify strengths of others who may not be like them. Recognizing that
individual employees offer various skills creates a more cohesive workplace. Solid
Waste Management shares a philosophy of recognizing employees with a positive
attitude and encouraging them to pass that enthusiasm around.
• The Fire -EMS department organized and hosted the annual Public Safety Diversity and
Equity Conference in Roanoke, at which the City's Organizational Development &
Learning Coordinator presented two workshops.
• The City's health insurance offered to employees is now available to cover same sex
spouses.
• The Department of Technology and other departments have utilized flexible work
schedules, which can be used to accommodate religious and family obligations.
• To enhance organizational opportunities, there is an on -going Leadership and Employee
Development program that focuses on skill development and the development of
supervisory and management level staff. Consideration is given to the make -up of such
cohorts, to ensure representation of minorities and women, as well as generational diversity.
• Through a broad range of recruitment efforts, our Department of Human Resources
continues to highlight the City of Roanoke as an employer committed to public service,
equal opportunity, diversity and inclusion in the workplace. Departments continue to use
diverse panels of interviewers which include minority and gender representation. The Fire -
EMS department, in particular has expanded recruitment efforts by creating a 15- second
trailer viewable at local movie theaters.
• The Department of Human Resources attended several career fairs, such as the Regional
Veterans Job Fair, Central Intercollegiate Athletic Association (CIAA) Career Expo, Fort
Lee /Ft Myers Military Job Fairs, Holiday Career & Lifestyles Fair and the Juneteenth
Festival, with a focus on enhancing diversity within the organization. To increase
generational diversity, we have expanded the City's summer internship program to a year-
long program, to place students in professional areas.
As outlined above, we continue to make progress in enhancing diversity within the organization
providing opportunities to ensure a work environment that fosters inclusion. The process is
evolutionary as it requires a continuous effort and focus. We remain committed to fostering a
workplace that reflects the diversity of our community.
Respectfully submitted,
P.
Christopher P. Morrill
City Manager
c: Council Appointed Officers
Barbara A. Dameron, Director of Finance
R. Brian Townsend, Assistant City Manager
Sherman M. Stovall, Assistant City Manager
Michele M. Vineyard, Director of Human Resources
c7 CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'Celephone (540)853 -3541
Fax (540)853 -1145
E -mail: clerk(nhoanckora.gov CECELIA C WEBB, CMC
.9'rl!PIIANI E M. MOON REYNOLDS, MMC Acting Deputy City Clrn'k
City Clerk
August 18, 2015
J. Kenneth Randolph, President
Rockydale Quarries
P. O. Box 8425
Roanoke, Virginia 24014
Dear Mr. Randolph:
I am enclosing copy of Ordinance No. 40328 - 081715 permanently vacating,
discontinuing and closing Old Rocky Mount Road, S. W., from its intersection with
Welcome Valley Road, S. W., traveling south an approximate distance of 1,126 feet to
its terminus.
Ordinance No. 40328 - 081715 further ordains that you shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in such Clerk's Office; and upon a certified copy of this ordinance
being recorded by the Clerk of the Circuit Court, you shall file with the City Engineer the
Clerk's receipt demonstrating that such recordation has occurred. If the above
conditions have not been met within a period of two years from the date of the adoption
of this ordinance, then Ordinance No. 40328 - 081715 shall be null and void with no
further action by City Council being necessary.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2015; and is in full force and effect upon its
passage.
Sincerely,
n
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
J. Kenneth Randolph
August 18, 2015
Page 2
PC: Talfourd H. Kemper, Attorney, Woods Rogers, P. O. Box 14125, Roanoke,
Virginia 24038 -4125
Gary W. Wright, Manager, Roselawn Realty Investment, LLC, 2920 Nicolas
Avenue, N. E., Roanoke, Virginia 24012
The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
Steve Talevi, Assistant City Attorney
Philip Schirmer, City Engineer
Susan Lower, Director, Real Estate Valuation
Tina M. Carr, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2015.
No. 40328- 081715.
AN ORDINANCE permanently vacating, discontinuing and closing Old Rocky Mount
Road, S.W., from its intersection with Welcome Valley Road, S.W., to its terminus, as more
particularly described hereinafter; and dispensing with the second reading of this ordinance by
title.
WHEREAS, Rockydale Quarries Corporation and Roselawn Realty Investment, LLC,
filed an application with the Council of the City of Roanoke, Virginia ( "City Council'), in
accordance with law, requesting City Council to permanently vacate, discontinue and close a
certain public right -of -way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having
conducted a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held on such application by City Council on August
17, 2015, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke
(1979), as amended, at which hearing all parties in interest and citizens were afforded an
opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right -of -way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no inconvenience will
result to any individual or to the public from permanently vacating, discontinuing and closing
such public right -of -way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that
the public right -of -way situate in the City of Roanoke, Virginia, and more particularly described
as follows:
Old Rocky Mount Road, S.W., from its intersection with Welcome Valley Road, S.W.,
travelling south an approximate distance of 1,126 feet to its terminus,
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of
the public in and to the same be, and hereby is, released insofar as City Council is empowered so
to do with respect to the closed portion of the right -of -way, reserving however, to the City of
Roanoke and any utility company or public authority, including, specifically, without limitation,
providers to or for the public of cable television, electricity, natural gas, telephone service, or
stotmwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas
lines, telephone lines, stormwater facilities, and related facilities that may now be located in or
across such public right -of -way, together with the right of ingress and egress for the maintenance
or replacement of such lines, mains or utilities, such right to include the right to remove, without
the payment of compensation or damages of any kind to the owner, any landscaping, fences,
shrubbery, structure or any other encroachments on or over the easement which impede access
for maintenance or replacement purposes at the time such work is undertaken; such easement or
easements to terminate upon the later abandonment of use or permanent removal from the above -
described public right -of -way of any such municipal installation or other utility or facility by the
owner thereof.
BE IT FURTHER ORDAINED that closure of the subject right -of -way shall be subject
to the following conditions:
I. The applicants shall meet all requirements needed for the completion of
Comprehensive Plan 080036. Upon completion of said plan, the City will release the letter of
credit with account number ending in "402."
2. The applicants shall complete the transactions necessary with Roselawn Realty
Investment, LLC, to create the proposed parcels as shown on the preliminary plat dated June 25,
2015, attached to the application dated June 26, 2015. Such transaction(s) will result in
Rockydale Quarries Corporation acquiring Official Tax Map Nos. 5370105 and 5370106, and
Roselawn Realty Investment, LLC, or its designee, acquiring a portion of Official 'Fax Map No.
5370102 with frontage on Welcome Valley Road, S.W.
BE IT FURTHER ORDAINED that the applicants shall submit to the Subdivision Agent,
receive all required approvals of, and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat, with such plat combining all properties which would otherwise
dispose of the land within the right -of -way to be vacated in a manner consistent with law, and
retaining appropriate easements, together with the right of ingress and egress over the same, for
the installation and maintenance of any and all existing utilities that may be located within the
right -of -way.
BE IT FURTHER ORDAINED that the applicants shall, upon meeting all conditions to
the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke,
Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such
Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and
in the name of the applicants, and the names of any other parties in interest who may so request,
as Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
3
BE IT FURTHER ORDAINED that the applicants shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if all of the above conditions have not been met
within a period of two years from the date of the adoption of this ordinance, then such ordinance
shall be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Cleric , C
V acam Old Rocky Mount Roan.doc
4
b�
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 10, 2015
Subject: A request from Rockydale Quarries Corporation and Roselawn
Realty Investment, LLC, that Old Rocky Mount Road, S.W., be
vacated from its terminus to its intersection with Welcome Valley
Road, S.W.
Recommendation:
The Planning Commission recommends vacation of the right -of -way as
requested. The applicants should not be charged for the value of the right -of-
way after accounting for past expenses that have been incurred to improve
Welcome Valley and Old Rocky Mount roads. Vacation should be subject to the
following conditions:
1. The applicants shall meet all requirements needed for the completion of
Comprehensive Development Plan CP080036 and release of the letter of
credit with account number ending in "402" pertaining to such plan.
The applicants shall complete the transactions necessary with Roselawn
Realty Investment, LLC, to create the proposed parcels as shown on the
preliminary plat dated June 25, 2015, attached to the application dated
June 26, 2015. Said transaction(s) will result in Rockydale Quarries
Corporation acquiring Official Tax Map Numbers 5370105 and 5370106,
and Roselawn Realty Investment, LLC, or its designee, acquiring a portion
of Official Tax Map Number 5370102 with frontage on Welcome Valley
Road, S.W.
3. Upon completion of the prerequisite items (1) and (2) above, the
applicants shall submit a subdivision plat to the Agent for the Planning
Commission, receive all required approvals of the plat, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat
shall combine all properties which would otherwise dispose of the land
within the right -of -way to be vacated in a manner consistent with law, and
retain appropriate easements for the installation and maintenance of any
and all existing utilities that may be located within the right -of -way,
including the right of ingress and egress.
4. Upon meeting all conditions to the granting of the application, the
applicants shall deliver a certified copy of this ordinance for recordation
to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same
in the name of the City of Roanoke, Virginia, as Grantor, and in the name
of the petitioner, and the names of any other parties in interest who may
so request, as Grantees. The applicants shall pay such fees and charges
as are required by the Clerk to effect such recordation.
5. Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicants shall file with
the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
6. If the above conditions have not been met within a period of two years
from the date of adoption of this ordinance, then such ordinance shall be
null and void with no further action by City Council being necessary.
Respectfully submitted,
Chad A. Van Hyning, Chair
Planning Commission
Application Information
Request:
Alley Vacation
Adjoining
Owner/applicants
Rockydale Quarries Corporation, Roselawn Realty
Investment LLC
City Staff Person:
Frederick Gusler
Site Address /Location:
4238 Welcome Valley Road, S.W., 4643, 4659, 4718,
4754 and 4848 Old Rocky Mount Road, S.W., and
4592 Franklin Road, S.W.
Official Tax Nos. of
adjoining ro erties:
5370102-6 inclusive, 5370108, and 5380106 -8
inclusive
Site Area:
+/- 61,382 Square Feet
Existing Zoning:
1 -2 1 -2 Conditional Heavy Industrial
Proposed Zoning:
1 -2, 1 -2 Conditional, Heavy Industrial
Existing Land Use:
Quarry and Asphalt plant
Proposed Land Use:
Quarry and Asphalt plant
Neighborhood Plan:
Southern Hills
Specified Future Land
Use:
Industrial
Filing Date:
June 26, 2015
Background
In 2005, City Council rezoned several parcels and vacated sections of three
streets to allow an expansion of Rockydale Quarries Corporation's business. In
addition, Council adopted an amendment to the Southern Hills Neighborhood
Plan and a boundary adjustment between the City and County of Roanoke was
completed to enable the expansion.
At that time, Draper, S.R. Paving Company was the owner of Official Tax Map
Nos. 5370105 and 5370106, which are accessible from the portion of Old
Rocky Mount Road, S.W., now being requested for vacation. The current owners
of those properties, Roselawn Realty Investment, LLC, have an agreement with
Rockydale Quarries Corporation to transfer these properties and relocate their
business (Adams Construction) to a portion of Official Tax Map No. 5370102.
This relocation will allow the applicant to combine its current parcels that
adjoin this portion of Old Rocky Mount Road, S.W., while providing frontage for
Roselawn Realty Investment, LLC, along Welcome Valley Road. This arrangement
was pursued by Rockydale Quarries Corporation in 2005; however, it was not
possible at the time.
The conditions of the vacation ordinance (Ordinance Number 36981- 022205)
adopted on February 22, 2005, required Rockydale Quarries Corporation,
among other things, to realign the intersection of Welcome Valley Road with
Old Rocky Mount Road and signalize the intersection of Old Rocky Mount Road
with U.S. Route 220 (Franklin Road). In 2008, the ordinance was amended and
reordained to extend the period of time required to fulfill the conditions. At
present, the applicant has not completed all of these requirements to the
standards of the City. However, the majority of the work has been completed,
including the signal installation, realignment of Welcome Valley Road, and plat
recordation. The items remaining pertain to the finalization of these
improvements, including erosion and sediment control issues and a final as-
built survey. The City is currently retaining a letter of credit (bond) submitted by
the applicants for these improvements. The bond will be released upon
successful completion of these and any other related items required by the City.
Considerations
The applicants' proposed transfer of properties and subsequent relocation of
Adams Construction will eliminate the need for the subject portion of Old Rocky
Mount Road. At present this portion of Old Rocky Mount Road is platted as a cul
de sac, although it has not actually been constructed as such. This is a result of
the previous vacations from the applicant that were approved in 2005. If Adams
Construction moves to Welcome Valley Road as proposed, the cul de sac will no
longer serve any other property owners aside from Rockydale Quarries.
The Old Rocky Mount Road right -of -way provides frontage to the Roselawn
properties that Rockydale Quarries Corporation is in the process of acquiring.
The vacation of the right -of -way will leave these current lots with no frontage.
As part of the plat vacating the right -of -way, or as part of a separate subdivision
process, the lots currently abutting Old Rocky Mount Road will need to be
combined and /or reconfigured to provide adequate frontage on Welcome Valley
Road.
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The zoning map will not be impacted by the vacation.
Conformity with the Comprehensive Plan and Neighborhood Plan
Vision 2001 -2020 encourages the retention of existing industrial uses that can
operate with little to no impact on the surrounding community. The applicants
have demonstrated that its expansion is compatible with the area.
Zoning District
Land Use
North
1 -2, Hea Industrial
Industrial
South
1 -2, Heavy Industrial
Industrial
East
I -2, Hea Industrial
Industrial
West
1 -2, Heavy Industrial (conditional)
Industrial
Compliance with the Zoning Ordinance:
The zoning map will not be impacted by the vacation.
Conformity with the Comprehensive Plan and Neighborhood Plan
Vision 2001 -2020 encourages the retention of existing industrial uses that can
operate with little to no impact on the surrounding community. The applicants
have demonstrated that its expansion is compatible with the area.
Public Utilities
There are existing utilities in the right -of -way and the applicants will be
responsible for any necessary relocation.
City Department Comments:
Economic Development supports the request. The Development Review
Coordinator noted that there are still items that need to be completed related
to the realignment of Welcome Valley Road.
Public Comments:
None.
Planning Commission Work Session:
The vacation of this portion of Old Rocky Mount Road does not impact traffic
patterns. The visibility of the quarry from Route 220 needs to be considered: it
should be screened from the view of motorists.
Planning Commission Public Hearing:
Mr. Talevi asked staff to clarify the first condition of the vacation. Staff
explained that the previous ordinance had been complied with; however, there
was remaining field work associated with the street improvements. Staff
advised that this condition would apply to Rockydale regardless of this vacation
request.
eAA4q. U yyt
Chad A. Van Hyning, Chair /'�
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Ian D. Shaw, Planning Commission Agent
Daniel J. Callaghan, City Attorney
Chris Perkins, Chief of Police
Steven J. Talevi, Assistant City Attorney
J. Kenneth Randolph, Rockydale Quarries Corporation
Gary W. Wright, Roselawn Realty Investment, LLC
�'
CITY OF ROANOKE
9
OFFICE OF THE CITY CLERK
n '
215 Church Avenue, S. W., Suite 456
p� .. __
Roanoke, Virginia 24011 -1536
`�IN1F
Te ,hone: (3 )t9 -3511
Fu: (540)119-1145
STEPHANIE M. MOON REYNOLDS, hINIC
Emril: Nerd nnubw.rav
CECELIA T. WERE, CMC
0I) Clerk
Arsine Dq ul5 GI) Clerk
June 30, 2015
RECEIVED
JUL 0 12015
Tina Carr, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Cart:
CITY OF ROANOKE
PLANNING BUILDING g DEVELOPMENT
Pursuant to Chapter 30 - Streets and Sidewalks, Article I - In General, Section 30 -14 -
Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of
Roanoke (1979), as amended, I am attaching copy of an Original Application for Street
or Alley Vacation received in the City Clerk's Office on June 26, 2015, from Rockydale
Quarries Corporation requesting that Old Rocky Mount Road, S. W., from its
Intersection with Welcome Valley Road S. W., traveling south an approximate distance
of 1,126 feet along Official Tax Maps Nos. 5370102, 5370103, 5370104, 5370105,
5370106, 5370108, 5380106, 5380107, and 5380108 to its terminus, be permanently
vacated, discontinued and closed.
Sincerely,
Stephanie . Mon ey I MMC
City Clerk
Enclosure
Pc: The Honorable Mayor and Members of the Roanoke City Council
David Willis, Rockydale Quarries Corporation, 4754 Old Rocky Mount Road,
Roanoke, Virginia 24014
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
c�:; 3
® APPLICATION
A ` "" STREET OR ALLEY VACATION
ROANOKE
Date: jurne 26. 2015
To: Office of the City Clerk ■ Original Application
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W. ❑ Amended Application
Roanoke, VA 24011 No. _
Phone: (540) 853.2541 Fax: (540) 853 -1145
AN submittals must be typed and include all required documentation and a check for the tiling fee.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed: Old Rocky Mount Road, s y, ran its mleroedionwnh
Mkome Valley Road. S W., traueling south an appmxlmale dis!ance of 1,126 feel along lax perms SllpiD2, 53]0103, 53]01 W, 53]0105, 5310106.
5370100, 5380106, 5360107. a' 5380108 to its fartninus
Proposed use of Vacated street or alley: Approximately 0.5597 acres shalt be added to a parcel Id be acou nod by Roselawn
Name of Applicant/Contact Person: R °a'ydak Dparne, Corp °:al,°n Aun. Day.d wma
Mailing Address: 475+om Ronxy Mount R,ad. Peauoke, Vlrgima 24014
Telephone'. (540) --174 1696 Fax: ( I_
E -mail dwnes a dalaquames c:T.
ApplicCannyt(s) signature(s).
RO D GUAR OR TION RROSELA REALT VESTMENT LLC
R EJ771Ci _.. _
Kenneth Randoph Pres ent Gary 0j _ Wryhl an ra'
Ur .-ya, ra slgnea ana sated the attached page outlining conditions required for a successful
c se, losure.
5
Post Approval Conditions
Any right -0Fway vacation eppmved by City Councl s subjea to the conds'ions below. These coed bons relate to preparation and
approval of the plat, and the recordation of the plat and the ordinance, A period afore year is provided to have the plat and ordinance
retarded. Street and abey right of- -way vacations may be subje r to the following conditions:
1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required
approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall
combine all properties which would otherwise dispose of the land within the right - of-way to be vacated In a
manner consistent oath law, and retain appropriate easements for the installation and maintenance of any and all
existing utlibes Thal maybe located within the right -0f - -way, including the right of ingress and egress.
2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of
this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Vuginia, indexing the same in the
name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other
parties in interest who may so request, as Grantees. The applicant shag pay such fees and charges as are
required by the Clark to effect such recordation.
3. Upon recording a caddied copy of this ordinance wth the Clerk of the Circuit Court of the City of Roanoke,
Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
4. If the above conditions have not been met within a perod of one year from year the from the dale of adoption of
this ordinance, then such ordinance shall be null and void with no further aclion by City Council being necessary.
By signing below I certify I have read and understand the conditions outlined above. I agree to the closure for
which I have applied being subject to the attached ondhions.
ROC DA UARRIESC 0 TI N
B June 26, 2015
Applicant Signature Date
J. Kenneth Randolph, President
ROSELAWN REAL TY INV STMENT, LLC
By: Jane 26. 2015
Applcenl Signature Date
Gary W. Wright, Manager
Updated December 2013
NARRATIVE.
Since 1943, Rockydale Quarries Corporation ("Rockydale ") has operated a quarry on
a south facing limestone slope of the Blue Ridge Mountains. The site creates employment
for approximately 50 people and yields various types of sand and stone for construction and
agricultural purposes. Rockydale currently has approximately 173 acres zoned and under
permit for mining, operations, 120 acres of which arc unconditionally zoned for quarry
operations and 53 acres of which were conditionally rezoned for quarry operations in
December, 2004. In December. 2004, all of Draper Road and portions of Old Rocky Mount
Road and Welcome Valley Road were vacated in order to accommodate the quarry
expansion.
Earlier this month, the Board of Zoning Appeals granted a special exception permit
allowing Rockydale's use of tax parcels 5370105 and 5370106 (containing 2.8493 acres and
now being used as an asphalt plant) for quarry purposes. In a companion action, the BZA
also granted a special exception permit to Roselawn Realty Investment, LLC ( "Roselawn "), a
subsidiary of Adams Construction Company ( "Adams "), allowing its use of a 6.683 acre
parcel (now part of Rockydale's quarry and located about 400 feet north of the existing
asphalt plant on the 2.8493 acre parcel) for asphalt plant purposes. The issuance of the
Special Exception permits is an essential ingredient in the transfer of the 2.8493 acre and
5.583 acre parcels between the companies. What was an asphalt plant (the 2.8493 acre
parcel) will become part of Rockdale's quarry. What was part of Rockdale's quarry (the
6.683 acre parcel) will house an asphalt plant. The parties are in the process of finalizing the
combination/resubdivision plat which will allow title to transfer.
Even before the December, 2004 rezoning and vacation actions, Rockydale had been
attempting to acquire the 2.8493 acre parcel from its previous owner since Rockydale's
quarry surrounds the parcel. However, Rockydale was unsuccessful in its efforts to acquire
the parcel prior to the December, 2004 actions. Consequently the entirety of Old Rocky
Mount Road from its intersection with Welcome Valley Road to its terminus at Draper Road
could not be vacated in December, 2004. Instead, only that portion of Old Rocky Mount
Road between Draper Road and the 2.8493 acre parcel was vacated,
Rockydale and Roselawn are now requesting that the remaining portion of Old Rocky
Mount Road between its intersection with Welcome Valley Road and its current terminus at
the southern boundary of the 2.8493 acre parcel be vacated. This would complete the
vacation process begun in 2004. As shown on the plat submitted with this application,
0.5697 acres of the vacated right of way would be added to the 6.683 acre parcel (creating a
7.2525 acre parcel) with the balance of 0.8393 acres being added to Rockydale's holdings.
As envisioned in the 2004 plan, the vacated right -of -way, once absorbed in the quarry
pit, wou d no longer provide access to Welcome Valley Road for quarry truck traffic.
Instead, quarry traffic could only use the vacated Draper Road, which would be realigned to
serve as the quarry's only entrance and exit. And the vacated right -ol -way adjacent to the
6.683 acre parcel would serve as the asphalt plant's entrance. Adams intends to install a
security gate on that entrance road, after its vacation, which would be located no closer than
30 feet from the Welcome Valley Road intersection.
As a result of the 2004 vacation, significant infrastructure improvements were mad,
by Rockydale at its expense for the benefit of the public including the realignment of the
intersection of Old Rocky Mount Road and Welcome Valley Road from a "T' to the gradual
curve in place today, and the Installation of a traffic signal at the intersection of Old Rocky
Mount Road with US 220. The direct cost to Rockydale of those two items, alone, totaled
almost $1.4 million dollars with $533,805 associated with the cost of signalization at the US
220 /01d Rocky Mount road intersection and $859,287 associated with the Welcome Valley
Road realignment. An additional $860,000 was spent by Rockydale on related infrastructure
costs, including over $200,000 to construct an acceleration lane on US 220 to improve traffic
safety.
THE FOLLOWING IS A DEED DESCRIPTION FOR A PORTION OF OLD ROCKY
MOUNT ROAD, SW (VA. SEC. RT. 789) TO BE VACATED, AS MORE
PARTICULARLY SHOWN ON PLAT PREPARED BY LUMSDEN ASSOCIATES,
P.C.. DATID JUNE 25.2015. THI DESCRIPTION IS AS FOLLOWS:
BEGINNING AT CORNER A, SAID POINT BEING THE NORTHWESTERLY
WESTERLY
CORNER OF LOT AI, PER PLAT SHOWING THE COMBINATION AND
RCSUBDIVISION OF THf. PROPERTY OF ROCKYDALE QUARRIES
CORPORATION, RECORDED IN INSTRUMENT - 110001511. SAID POINT ALSO
LOCATED ON TI;E SOUTHERLY RIGHT -OF -WAY OP OLD ROCKY MOUNT
ROAD, SW (VA St C. RT. 7891. TIIENC:' LEAVING OLD ROCKY MOUNT ROAD,
SW AND WITH THP WESTERLY RIGHT -01'- WAY OF OLD ROCKYMOUYT
ROAD, SW. TO BI VAC\Ti D FOR TIIE FOLLOWING 13 COURSF.S" THENCE
WITH A CURVE TO TH6 RIGHT, WHICH SAID CURVE IS DFF'INED BY DELTA
ANGU OF 79 41'12-% A RADII'S OF 30.00'. AN ARC LENG I'll OF 41.73', A
CHORD OE 38.44' AND BI ARING S I8 18'49"1 7.0 CORNER B' TIC NCI- Wil I I
A CURVI_ -FO THI. LEFT. W! IICL, SAID CURVE IS DEFINI D BY DELTA ANGLE.
OF 30 38'55*' A RADIUS OE :25.00'. AN ARC LENGTH OF 227.34' A CI IORD
Of 224.64' AND BEARING S 06 12" 30 "" W. TO CORNER C; THENCF. S O9. 06' 57'
.100.00" 10 CORNER 0: I HLNCf. U ITH A CURVE TO THt RIGHT. WHICH
SAID C'UR\ i IS DFrINFD BY DELTA ANGLE OF 14 02' 19 A RADII S 01'
577.76'. A \' _ \RC LI \G; H OE 141.56. A CHORD Ov 141.21 - A \D BLAWNG S 02
05" 47' E. TO CORNER E; 7 "HENC'E WI FH A CLRVL TO flfr RIGHT, WHICH
SAID CURVE IS DEFINED BY DELI -A ANGLE 10" 25' 14' AN ARC LE NG7 H OF
59.11'. A RADIUS OF 325.00, A CHORD OI 59.03' AND 131-ARING S 10 OT 59'
W. TO CORNER F; T1: ENCL S 15° 20' 36" A. 75.47 TO CORN; R G, Ti ILNCF S
I7' &1' 37'" N, 166.94' 10 CORNER H: THl -NCL S 17' 54'37" N'. 20.43' TO
CORNER I: THENCE S 12° 44' 37' W. 103.97" TO CORNER 1; THLNCL S 08" 48'
3T" N. 77.8i' TO C'ORNI R K- THTNCI. WITH A CURVE "F0 THE RIGHT. WHICII
SAID CURVE IS DFFINi D BY DELTA ANGLE OF 66'53'48-, A RADIUS Of
' 5.00 AN ARC L1 NGTI I OF 3.87', A CHORD OI 38.58' AND BEARING S 42' 15'
31" W. -O CORNER L; TH] NCE WITH A CURVE TOTHI. Li FT, WHICH SAID
CURVE IS DEFINED BY DELTA ANGLE 257° 31' 18'. A RADIUS OF 51,00' AN
\RC LING I11 247.20', A CHORD OF 85.77' AND BLARING S 53 03' 14" E. TO
COR \,`.R M; SAID POINT LOCATED ON THi BOUNDARY OF ROSELAWN
Ri ALT\' INV'ESTMI N 'F. LLC. INSTRUMENT- +100()12139; THFNCF 0.ITH
ROSFLAWN REALTY INVESTMI N'TS. LLC AND SAID RIGHT -OF -WAYS 78
57'37"'A. 0.85' 10 C'ORNIR N: ;AID POIN "F I OCA I ED ON F111, LAST! RI 1
RIGHT -Or -W AY OF OLD ROCKY MOUNT ROAD. SW. TO BE VACATi D AND
ALSO FOLLOWING THE W'r- STERLY BOUNDARY OF ROSELAN N RI ALTY
INVESTMI-NT, LLC FOR THl. FOLLOWING 5 COURSES* THE \CI N 04` 38' 3 -'
1 49.19 10 CORNER O: I ILLNCL N 08' 4S 37' "1 ](10.00'TO CORNER P:
THENCE N 1 2 44 3T I -, ] 00.00" 10 CORNER Q: I III NCI- N 17 54' 3T' 1. 18.50'
O CORNIER R; THENCE \' 17° 09. 37'- L. 184.30' "FO CORNER S: SAID POIN I
B; ING I W \ORTHWI STI RLY CORNER OF ROSI LAWN REACH'
1\V I'SINIF NT. LLC THFNCF LEAVING ROSP LAWN REAL] Y I \VI -STML NT,
LL C AND CONTINUING WITH EASTERLY RIGHT -OF -WAY OF OLD ROCKY
MOUNT ROAD FOR IHL. FOLLOWING 6 COURSES: THENCE N 14° 51'52" F.
63.17' TO CORM R T: THI. NCI( WITH A CURVI TO THI LEFT, WI ITCH SAID
CURVE IS DEFINED BY DELTA ANGLE OF 09' 56'30'. A RADIUS 01 :375.00',
A\' ARC I !.N'G7I I OF 65.07'. A Cl IORD 01 63.99' AND BLARING N 09 53' 37" L.
TO CORNER U; THENCE WITH A CURVE TO THE LEFT, WHICH SAID CURVI
IS DEFINED BY DELTA ANGLI 01' 14' 02' 19", A RADIUS OF 627.76'. AN ARC
LI NGTH OF 153.81', A Cl [ORD OF 153.43' AND BLARING N 02 05' 47" W, TO
CORNER V; THENCE \ 09 06'57" W. 100.00''10 CORNER N 7 HI "NCI. WITH A
CURVE TO THI. RIGHT, WHICH SAID CURVE IS DEFINED BY DELTA ANGLE
OF 29 29" 07', A RADIUS OF 375.011', AN ARC LENU111 OF 19298', A CI IORD
0' 190.86' AND BEARING N 05 37 37" r.'i O CORM R X: TI I!. \'CI. WITH A
CURVI TO THE RIGHT. WHICH SAID CURVI IS DLFINi.D RY DLL "I "A ANGLL
01 S8 08' 13 A RADIUS Oi 30.011'. A\' ARC LING 111 01 46.15'. A CHORD OI
4171 AND BEARING \ 64 7(' 1T' E. TO CORNER Y: SAID POINT I.00AI I D
ON THE SOUTIILRI Y BOUNDARY OF OLD ROCKY MOI NT ROAD. SW:
IHFNCE M ITH A CURVE' 0 T'UE RIGHT. WHICH SAID Cl RVF IS D1.FINF D BY
DELI "A ANGLE OF 13° 20' 02' A RADIUS 01:445 00'. AN ARC Li NGTH OI
I03.56" \ CHORD OF 103.33' .AND BI ARINC N 64 49'36 W. TO CORNER A,
THE PLACE OF W'GINNING AND CONTAINING 61 332 SQUARE FEI. T. BEING
1.4091 ACRES, AS MORE PAR "FICUL,\RL) SHOWN O\ PI AT PRF PARED BY
MSDi\' ASSOCb1t S P.C.. DATED JUNE 25, 2015
Page I of 1
Alert to business entities regarding unsolicited mailings from VIRGINIA COUNCIL FOR
CORPORATIONS or ANNUAL BUSINESS SERVICES Is available from the Bulletin Archive
link of the Clerk's Office website.
SCC Honor
https:/ cisiweb.scc.virt inia.liov /instxnt.aspx 6'26/2015
06/26/15
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4754 OLD EOCKY M.OUP: ^- RD
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PO Fox 6425
CITY:
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https:/ cisiweb.scc.virt inia.liov /instxnt.aspx 6'26/2015
WOODS ROGLR&
I'1 OIl N FY.l A I' I.AW
I AIIVM11 Kill, Ns�(40)98 .16:2
Mcmrnr(hv0um mgvawo,
May 13, 2015
Ms. fillian 1'. Mourc
Zoning Administlatm•
City of Roanoke
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue S. W.
Roanoke, VA 24011
Re: Rusclawn Realty rnvmtment, LLC
Dear Ms. Moore
This is to advise you that my firm serves as general counsel for Roselawn Realty
Investment, LLC, a Virginia limited liability company. Gary W. Wright is named as a Manacer
of the limited liabii ity company in its Operating Ap.reement. As such, Mr. Wright is authotized
to execute Special Exception Applications on behalf of the LLC.
Sincerely,
�-
Talfourd !]. Kemper
T}il::sc
P O JM 14125, Ru -i,k<, w,gmb. 240384125
t0 s. JeRcnnu Slmct Sm!c 1400, R 'Al V rgrRii 24011
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CITY OF ROANOKE - PDV
Attn Tina M. Carr
STEPHANIE MOON, CITY CLERK
215 CHURCH AVE. SW. SUITE 456
ROANOKE, VA 24011
The Roanoke Times Account Number
Roanoke, Virginia 6011439
Affidavit of Publication
Date
August 04, 2015
Date Category Desanption Ad Size Total Cost
0810412015 Municipal Notices PUBLIC HEARING NOTICE The public hearing advertised Fe 1 x 58 L 598.96
Publisher of the
PUBLIC HEARING NOTICE
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper in Roanoke, in the
published
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE was published in said newspapers on the
following dates:
<o, r
07/29.08104/2015
APPI 'It"' fl-11 Fillky'1111 Q-111111
The First insertion being 07/28/2015
given ...
Newspaper reference: 0000195825
I—ItIry. CltY z�
i,n
m.,� < - -• mr,. ,,. �,�,•.�_
Billing Representative
Sworn to and subscribed before me this Tuesday, August 4, 2015
iss8 �51k
^
rirr
Notary P tic .` � ENI{F01
`
V
State of Virginia . rq ae,Y
City /County of Roanoke
p ,.� ? 1 �l`I! i:33236N
_
My Commission expires�]L��'M 31 /I Ilh~�REG 2
"rtrt --""rtrtYY"_°'..+�
it : GGprN „S50 ¢
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
The public hearing advertised herein will be held in the City Council Chamber, fourth floor,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
The application is available for review in the Planning, Building and Development office, Room
166, 215 Church Avenue, S.W., Roanoke, Virginia.
Any person with a disability requiring any special accommodation to attend or participate in the
hearing should contact Planning, Building and Development at (540) 853 -1730 at least five days
prior to the scheduled hearing.
The City of Roanoke Planning Commission will hold a public hearing on August 10, 2015, at
1:30 p.m., or as soon as the matter may be heard, to consider the application:
Application from Rockydale Quarries Corporation and Roselawn Realty Investment, LLC,
requesting that Old Rocky Mount Road, S.W., from its intersection with Welcome Valley Road,
S.W., traveling south an approximate distance of 1,126 feet along Tax Map Nos. 5370102,
5370103, 5370104, 5370105, 5370106, 5370108, 5380106, 5380107, and 5380108 to its
terminus be permanently vacated, discontinued, and closed, as shown in the Original
Application.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid application on August 17, 2015, at 7:00
p.m., or as soon as the matter may be heard.
Stephanie M. Moon Reynolds, MMC, City Clerk
Please publish in newspaper on Tuesday, July 28, 2015, and Tuesday, August 4, 2015.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Planning Commission
Planning Coordinator
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1330
tina.carr @roanokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011-1536
(540) 853 -2541
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
§ Roanoke, Virginia 24011 -1536
'I'eleplianm (5411199 -2541
hue: (540)89 -1145
S1 EP11ANIE M. MOON REYNOLDS, MM( E-nii& elcrk(n rnunnkeau.gov CECELIA T. WEBB, CMC
City Clerk Acting Dep,ey City Clerk
June 30, 2015
Tina Carr, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Carr:
Pursuant to Chapter 30 - Streets and Sidewalks, Article I - In General, Section 30 -14 -
Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of
Roanoke (1979), as amended, I am attaching copy of an Original Application for Street
or Alley Vacation received in the City Clerk's Office on June 26, 2015, from Rockydale
Quarries Corporation requesting that Old Rocky Mount Road, S. W., from its
intersection with Welcome Valley Road S. W., traveling south an approximate distance
of 1,126 feet along Official Tax Maps Nos. 5370102, 5370103, 5370104, 5370105,
5370106, 5370108, 5380106, 5380107, and 5380108 to its terminus, be permanently
vacated. discontinued and closed.
Sincerely,
` r' U"p Sfe Mo yn , M
City Clerk
Enclosure
pc: The Honorable Mayor and Members of the Roanoke City Council
David Willis, Rockydale Quarries Corporation, 4754 Old Rocky Mount Road,
Roanoke, Virginia 24014
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., SWIe 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
S' I'1,1'IIANI E M. MOON REYNOLDS, MMC E-mail: clerk @roamkcva.gpv CECELIA T. WEBB, CIVIC
Acting Deputy City Clerk
City Clerk
August 18, 2015
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am enclosing copy of Ordinance No. 40329 - 081715 authorizing execution of the
appropriate documents for the vacation of an existing access easement held by the City
across private real property owned by Roanoke River Investments, LLC, designated as
Roanoke Official Tax Map No. 4030306, in exchange for the dedication of a new non-
exclusive variable width access easement to the City across the Property, in connection
with RRI's "The Bridges Development Project ", upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2015; and is in full force and effect upon its
passage.
Sincerely,
�i
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Richard Souter, Manager, Roanoke River Investments, LLC, P. O. Box 8029,
Richmond, Virginia 23223 -8029
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Phillip C. Schirmer, City Engineer
Wayne F. Bowers, Director, Economic Development
Cassandra L. Turner, Economic Development Specialist
1� (I�' IN 'I 11 ( C'O('NCII. 01 11 it: CITY OI' ROANOKI'.. VIRGINIA
The 17th day of August, 2015.
No. 40329 - 081715
AN ORUI N:I N('N uu[huriiing the Cig Manager to execute the appropriate documents lilt
the vaention ofan em sting access casement held by the City across private real property awned b)
Roanoke River Invesornal . IJ,C ("RRI`), designated its Roanoke Official Fax trial, No. 4030306
(' Property "), in Cxchangc fo the dedication of a new non- cxclusivc Na able width access
casement to the Cit) across the Property, in connection with RRI s 'The 13ndges Development
Project', upon certain terms and conditions, and dispensing with the second reading of this
ordinance by title.
WI IERPAS, the City acquired an access casement across the Property b) Decd and Decd
III Easement dated November 6, 2002 (- Access Fasement "), from the then owner of the Property,
Flectie RaihNay Company, for the pwpose of providing access to the Roanoke River f om City
owned property designated as Official 'lax Map Number 4030306R, in connection kith the
development, construction and maintenance by the City of the Roanoke River Flood Reduction
Project:
WHEREAS, RRI has requested the City to vacate the Access Easement in connection with
the construction of RRI's - I lie Bridges Development Projecl
WHEREAS, in exchange for the vacation by the City of the Access Easement, RRI desires
to dedicate a new, non - exclusive variable width access easement to the City at a different location
across the Property. for access to the Roanoke River and
WHEREAS, a public hearing was hetd on August 17. 2013, pursuant to Sections 1.5.2 -1800
and 15.2-1813). Code of Virginia 11950), as amended at which hearing all parties in interest and
Cal /cns wen ll(loided an uppornmily to he heard on hie propo.scd %ucniion of the Access
I!ascnwnl.
NMA. - IIIIM FOR k, RI( 11 ORDA1NkJ) hs the CUanell of the ( 'its of Roanoke as
of Imes
City Council hcrcb) consents to the %acalion of Access Pavement, and accepts the
dedication by RRI of anew, non- csclusivc %-.unable a idlh access cascme t across the Property,
U11011 such terms and conditions as are more particularly described in the City Council Agenda
Report datnl August 17, 2015.
1 'I he City Ntallmm is authorized to esccute on 6chall ol' the City of Roanoke, the
appropriate docUMCF115 providing Iiu the vacation of the Access Basement, and the dedication to
the City of a ncre variable width access cascmmrt across the Property to be used by the City in
connection with the operation and maintenance of the Roanoke Ricer Flood Reduction Project.
All such documents shall be upon fomn appromed by the City Attorney_
3. Pursuant to the provisions of Section 13 of the City Charter, the second reading of this
ordinance by title is herchy dispensed smith.
AI'TF.S'F:
City Clerk.
V O
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 17, 2015
Subject: Vacation of an existing Access Easement and Dedication of a
New Access Easement to Benefit Tax Map No. 4030306R
Background:
By Deed dated November 6, 2002, the City acquired a variable width access
easement across certain property designated as Official Tax Map No. 4030306
( "Property ") from the then owner of the property, Electric Railway Company.
The access easement was acquired by the City in connection with the Roanoke
River Flood Reduction Project. This access easement is primarily for access to
the flood control berm along this portion of the Roanoke River for the City of
Roanoke and Corps of Engineers.
The current owner of the property, Roanoke River Investments LLC ("11111"), has
requested vacation of the easement and proposes to dedicate a new variable
width permanent access easement to benefit real estate owned by the City and
designated as Official Tax Map Number 4030306R, across property owned by
RRI designated as Official Tax Map No.4030306.
The access easement is being requested to be relocated to facilitate
development in this area on Official Tax Map Number 4030306 as part of the
overall Bridges Development Project.
City Council is required to hold a public hearing to consider the request to
vacate this easement. The public hearing has been advertised in the Roanoke
Times and is scheduled to occur on August 17, 2015, at 7:00 p.m., or at such
time as the matter may be heard in Council Chambers.
Recommended Action:
Conduct the public hearing on August 17, 2015, at 7:00 p.m., or at such later
time as the matter may be heard, and following the public hearing and
consideration of comments made during the public hearing, authorize the City
Manager to execute the appropriate easement agreement with Roanoke River
Investments LLC to vacate an existing access easement and dedication of a new
variable width permanent access easement. The form of such easement
agreement to be approved by the City Attorney.
Christoril
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Wayne F. Bowers, Director, Economic Development
Cassandra L. Turner, Economic Development Specialist
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
STEPHANIE M. MOON, CITY CLERK
215 CHURCH AVENUE. 5
SUITE456
ROANOKE. VA 24011
Account Number
6007788
Date
August 06, 2015
Date
Category
Dasrnption
Ad Size
TOUT Cost
08112/2015
MurEivil Notices
NOTICE OF PUBLIC HEARING The City Of Roanoke rCsylr
1s58L
3A.Q
NOTICE OF PUBLIC HEARING
GIVEN
<., 11.202 .. "y h.ld rind o.d d.v It
ENGrE.E V.
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
0810612015
The First Insertion being given ... OB/062015
Newspaper reference: 0000198851
t
4Billing Repretativ s " {n,
Sworn to and subscribed before methls Thursday, August 6,2015
cnv u.rx.
'E'
Notary tC
?fVIrqnia
u
���P :'• NOTARV
state j ham. PUBLIC •'.9 y
City /County of Roanoke ] * ; REG #33296n t
MY I I SION :
My Commission ezpires`;� aE ¢`
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
The City of Roanoke ( "City ") proposes to vacate an existing access easement to the
Roanoke River held by the City across private property situated at 20 Old Woods Avenue, S.E.,
Roanoke, Virginia designated as Roanoke Official Tax Map No. 4030306 ( "Burdened Parcel "),
at the request of the owner of the Burdened Parcel, Roanoke River Investments, LLC ( "RRI "), in
order for RRI to develop the Burdened Parcel in connection with The Bridges development
project. The existing access easement benefits property owned by the City, situated at Walnut
Avenue, S.E., Roanoke, Virginia, and designated as Roanoke Official Tax Map No. 4030306R
( "City Parcel "). In consideration for such vacation, RRI proposes to dedicate a new access
easement to the City for the benefit of the City Parcel at a different location across the Burdened
Parcel.
Pursuant to the requirements of Sections 15.2- 1800(B), 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, August 17, 2015,
commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4 "'
Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, 24011. Further information is available from the Office of the City Clerk for the City
of Roanoke at (540) 853 -2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, August 13,
2015.
GIVEN under my hand this 3rd day of August , 2015.
Stephanie M. Moon Reynolds
City Clerk.
Note to Publisher:
Please publish in full once in the Legal Section of the Roanoke Times, on Thursday, August 6,
2015.
Please send bill and affidavit of publication to:
Stephanie M. Moon Reynolds, City Clerk
4`h Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011