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HomeMy WebLinkAboutCouncil Actions 08-01-16brim e ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY COUNCIL ROANOKE CITY SCHOOL BOARD AUGUST 1, 2016 9:00 A.M. ROUNDHILL ELEMENTARY SCHOOL 2020 OAKLAND BOULEVARD, N. W. AGENDA Call to Order -- Roll Call. • City Council All Present • School Board - School Board Trustees Lori Vaught and Richard Willis were absent. Trustee Lutheria Smith arrived late. 2. Welcome and Opening Remarks. Mayor Sherman P. Lea, Sr. Chair Annette Lewis 3. City Council /School Board Items for Discussion and Comments: • After School Program Update (Council Member Garland) • Anticipated School Closures (Council Member Garland) • Attendance Works (School Superintendent) • Capital Improvements Plan (Council Member Garland /School Superintendent) • Graduation Rate (Council Member Garland /School Superintendent) • Outsourcing Update (Council Member Trinkle) • Population Trends (School Superintendent) • RCPS Plus (School Superintendent) • Recruitment and Retention Efforts of Minorities (Vice -Mayor Price) • Responses to concerns expressed by parents, including concerns expressed to the Board at meetings (Council Member Ferris) • Step Salary Schedule Adjustments (Council Member Trinkle) • Student Homelessness Update (School Superintendent) • Teacher Shortages (Council Member Garland /School Superintendent) 4. School Board adjourned - 11:10 a.m. City Council recessed - 11:10 a.m. o* DYKSTRA 40588 - 080116 ROANOKE CITY COUNCIL INFORMAL SESSION AUGUST 1, 2016 11:42 A.M. CITY COUNCIL CHAMBER ROOM 450 AGENDA Call to Order -- Roll Call — All Present Welcome. Mayor Sherman P. Lea, Sr. NOTICE This morning meeting and briefings will be televised live and replayed on RVTV Channel 3 on Thursday, August 4 immediately following the 2:00 p.m. session at 7:00 p.m.; and Saturday, August 6 at 4:00 p.m.; and video streamed by Internet through Rev.Net Technologies, Inc., at htto: / /www.wrev.net. Council Meetings are offered with closed captioning for the hearing impaired. ITEMS FOR ACTION: A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. (7-0) A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss the 2016 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. (7-0) A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss the disposition of City -owned property located at 1015 Jamison Avenue, S. E., Official Tax Map No. 4120808, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. (7-0) A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss the disposition of City -owned property located at 13 Church Avenue, S. E., Official Tax Map No. 4011706, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. (7-0) A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss a proposal for the disposition of City -owned properties located at 2750 Hoover Street, N. W., Official Tax Map No. 2430601, and 1201 Prillaman Avenue, N. W., Official Tax Map No. 2440715, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. (7-0) A communication from the City Attorney requesting that Council convene in a Closed Meeting regarding consultation with legal counsel and briefing by staff pertaining to actual litigation, where such consultation and briefing in an open meeting would adversely affect the negotiating or litigating position of City Council, pursuant to Section 2.2- 3711(A)(7), Code of Virginia (1950), as amended. (7-0) A communication from the City Attorney requesting that Council convene in a Closed Meeting regarding consultation with legal counsel and briefing by staff pertaining to actual litigation, where such consultation and briefing in an open meeting would adversely affect the negotiating or litigating position of City Council, pursuant to Section 2.2- 3711(A)(7), Code of Virginia (1950), as amended. (7-0) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION /CLARIFICATION AND ADDITIONS /DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. BRIEFINGS: • Brush Collection - 30 Minutes AT 12:32 P.M., THE COUNCIL MEETING STOOD IN RECESS UNTIL 2:00 P.M., FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451, NOEL C. TAYLOR MUNICIPAL BUILDING. ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 1, 2016 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Cell to Order- -Roll Cell. Council Member Dykstra arrived late. The Invocation was delivered by Christopher B. Bordeaux, Pastor, Church of Christ Scientist Roanoke. At this point, Council Member Dykstra entered the meeting (2:01 p.m.). Mayor Lea, Sr. held a Moment of Silence in memory of the late Joel Richert, resident of Old Southwest and neighborhood activist; and Police Officer Najee Tynes; and Sylvia Coleman, President, Virginia Baptist Association Women's Auxiliary Association. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, August 4 at 7:00 p.m., and Saturday, August 6 at 4:00 p.m.; and video streamed by Internet through CivicPlus, at roanokeva.gov /council meetings. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: 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 UNEXPIRED TERM OF OFFICE ENDING OCTOER 1, 2016 BUILDING AND FIRE CODE OF APPEALS - TWO VACANCIES UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2017 TERM OF OFFICE ENDING JUNE 30, 2018 ECONOMIC DEVELOPMENT AUTHORITY -ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING OCTOBER 20, 2017 FAIR HOUSING BOARD UNEXPIRED TERM OF OFFICE ENDING MARCH 31, 2019 PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION CITY RETIREE - ONE VACANCY THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2019 ROANOKE ARTS COMMISSION — ONE VACANCY THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2019 ROANOKE PUBLIC LIBRARY BOARD — ONE VACANCY THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2019 ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2018 YOUTH SERVICES CITIZEN BOARD — TWO VACANCIES UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2018 THREE YEAR TERM OF OFFICE ENDING JUNE 30, 2019 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: City of Roanoke and City of Roanoke Pension Plan - GFOA Certificates of Achievement for Excellence in Financial Reporting. The Mayor recognized Barbara A. Dameron, Director of Finance, and staff and presented Certificates of Achievement for Excellence in Financial Reporting which is the highest form of recognition in governmental accounting and financial reporting. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Robert Gravely appeared before Council once again regarding termination from City employment. 4. CONSENT AGENDA: (Approved 7 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. The Mayor called attention to two requests for public hearings by the City Manager. C -1 Minutes of the regular meetings of City Council held on Monday, April 4, 2016 and Monday, April 18, 2016; and a recessed meeting held on Thursday, April 28, 2016. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from the City Manager requesting that the City Clerk be authorized to schedule and advertise a public hearing for August 15, 2016 at 7:00 p.m., or at such time as the matter may be heard, or at such date and time as determined by the City Manager, to consider the lease of property to the Blue Ridge Zoological Society of Virginia, Inc. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Manager requesting that the City Clerk be authorized to schedule and advertise a public hearing for August 15, 2016 at 7:00 p.m., or at such other date and time as deemed appropriate by the City Manager or on a proposed lease agreement with Richard E. and Cassie M. Beverly for property located at 2410 Mason Mill Road, N. E. RECOMMENDED ACTION: Concurred in the request. C -4 A communication from the City Clerk advising of the resignation of Thomas T. Cullen as a member of the Visit Virginia's Blue Ridge, Board of Directors, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -5 Annual report of the City of Roanoke Pension Plan, Board of Trustees, for Fiscal Year ended June 30, 2016. RECOMMENDED ACTION: Received and filed. C -6 Annual report of the Pension Investment Committee, Subcommittee of the City of Roanoke Pension Plan, Board of Trustees, for Fiscal Year ended June 30, 2016. RECOMMENDED ACTION: Received and filed. C -7 Annual report of the City of Roanoke Pension Plan, Defined Contribution Board, for Fiscal Year ended June 30, 2016. RECOMMENDED ACTION: Received and filed. C -8 Annual report of the Finance Board for Fiscal Year ended June 30, 2016. RECOMMENDED ACTION: Received and filed. C -9 A communication from Peggy Bishop, Secretary, Roanoke Valley Resource Authority, transmitting a certified copy of Resolution RA #2016 -727 adopting a schedule of rates, fees and charges for the use of the Authority's system, effective July 1, 2016; and Roanoke Valley Resource Authority Waste Disposal Fees and Charges as of July 1, 2016. RECOMMENDED ACTION: Received and filed. C -10 Reports of qualification of the following individuals: Cari C. Gates as a member of the Roanoke Arts Commission for a three -year term of office ending June 30, 2019; Sherman M. Stovall as the Alternate City representative of the Roanoke Valley Juvenile Detention Center Commission for a four - year term of office ending June 30, 2020; Paula Page Williams as a member of the City Planning Commission to fill the unexpired term of Chad A. Van Hyning ending December 31, 2016; and Joyce W. Watkins as a member of the Youth Services Citizen Board for a three -year term of office ending June 30, 2019. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: a. Proposal of the City of Roanoke to convey approximately 0.46 acre of City -owned vacant land located along Jae Valley Road, Roanoke County, Virginia, Roanoke County Tax Map No. 089.00- 01 -22, to the Commonwealth of Virginia Department of Transportation for construction, maintenance and /or operation of a public transportation facility, in connection with VDOT's Route 116 Highway Project. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40588- 080116. (7 -0) 6. PETITIONS AND COMMUNICATIONS: a. Progress Report on the Roanoke Cultural Endowment. Shaleen Powell, Executive Director. (Sponsored by the City Manager) Received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of a donation of at least three Automated External Defibulators from the Firehouse Subs Public Safety Foundation to the Roanoke Police Department. Adopted Resolution No. 40589-080116. (7 -0) 2. Acceptance of a donation of Art for the Public Art Collection from the Estate of William and Mary Jane Burtch. Adopted Resolution No. 40590-080116. (7 -0) 3. Acceptance and appropriation of Virginia Department of Transportation (VDOT) funds for the Colonial Avenue Improvement Project; and execution of the VDOT Standard Project Administration Agreement. Adopted Resolution No. 40591- 080116 and Budget Ordinance No. 40592-080116. (7 -0) 4. Acceptance and appropriation of funds in connection with the FY17 Urban and Community Forestry Grant from the Virginia Department of Forestry to staff a part-time Urban Forestry Planner. Adopted Resolution No. 40593 - 080116 and Budget Ordinance No. 40594-080116. (7 -0) 5. Authorization to enter into an agreement between the City of Roanoke and the Roanoke - Blacksburg Regional Airport to clarify criminal investigation responsibilities and extend the Airport Police Department authority to adjacent highways. Adopted Ordinance No. 40595-080116. (7 -0) COMMENTS OF CITY MANAGER. The City Manager offered the following comments: Third Annual Roanoke Youth Summit • The event will be hosted by Vice -Mayor Anita James Price and the Roanoke Youth Services Citizen Board • Date: Saturday, August 6 • Location: William Fleming High School • The event will begin at 10:00 a.m. • Admission is free and the event is open to youth and parents • Activities will include a Running Man Challenge, with door prizes for the winners, music provided by DJ Freddie Mac, an obstacle course, and lunch. Youth and their parents /guardians will also participate in separate discussion groups on topics including health and nutrition, internet use, and financial stability. Upcoming Events • Saturday, August 6, Parks & Arts at Mountain View Recreation Center, noon to 3:00 p.m. • Sunday, August 7, Budweiser Summer Series: Lee Brice will perform in the Elmwood Park Amphitheater, 7:00 p.m. • Saturday, August 27, Parks & Art will conclude in Elmwood Park, noon to 3:00 p.m. o That afternoon, the Deschutes Street Pub will take place into the evening, raising funds for four of our non- profits; also include local music during event. Social Media Our Social Media is receiving national attention. In July 2016, we had some of our best participation ever — new "Likes" went up 93 %, 254,000 total video views using "Facebook Live," 427,000 posts were liked, commented, or shared, and a 2.38 million total page reach. • Timothy Martin was named one of the Top 100 Influencers in Local Government by an organization known as Emerging Local Government Leaders; Christopher Morrill was also included in that list. Only two cities (Roanoke and Las Vegas) in the nation had two staff members included. • National Night Out is Tuesday, August 2. Goal is to heighten crime and drug prevention awareness, generate support for and participation in local anti -crime programs; strengthen neighborhood spirit; focus on building stronger ties between neighborhoods, the community, and our public safety. We ask that residents take advantage of this opportunity. 10 b. CITY ATTORNEY: Execution of a Service Agreement and the First Amendment to support agreement in connection with a bond issuance, in the amount of up to $3 million, by the Roanoke Valley Broadband Authority through the Virginia Resource Authority. Adopted Resolution No. 40596 - 080116. (7 -0) 2. Reinstatement of real estate rehabilitation tax exemption; and request for refund on real estate located at 303 Jefferson Street, S. W., designated as Official Tax Map No. 1011806. Adopted Resolution No. 40597- 080116. (7.0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting authorization to execute temporary loan agreements with Fifth Third Bank for the purpose of securing one or more credit cards in the name of the School Board; and a report of the Assistant Director of Finance recommending that Council concur in the request. Kathleen Jackson, Chief Financial Officer, Spokesperson. Adopted Resolution No. 40598- 080116. (7 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Budget Ordinance No. 40587, on its second and final reading, appropriating funding from the Foundation for Roanoke Valley for a Bridges Out of Poverty Workshop. Adopted Budget Ordinance No. 40587- 080116. (7 -0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Vice -Mayor Price announced the 2016 Youth Summit will be held on Saturday, August 6, 2016, at William Fleming High School for middle and high school students beginning at 10:00 a.m., with discussion groups held regarding issues relevant to students and their parents. Council Member Bestpitch recognized the tremendous work performed by the late Joel Richert in transforming Old Southwest neighborhood, noting her tireless efforts and tenacity in obtaining the historic district designation for the Old Southwest neighborhood. 11 Council Member Dykstra announced that the Parks and Arts event will be held on Saturday, August 6, 2016, at the Mountain View Recreation Center beginning at 12:00 noon. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. RECESSED AT 3:13 P.M. Continuation of Closed Meeting in Council's Conference Room. 13. RECONVENED - 5:04 P.M. CERTIFICATION OF CLOSED MEETING. (7 -0) Appointed David Perry to replace Dr. Nancy Dye as a member of the Mill Mountain Advisory Board for a term ending June 30, 2019. Reappointed Andrew Anguiano, Edward Garner and Duane Smith as Commissioners of the City of Roanoke Redevelopment and Housing Authority for terms of four years, each, ending August 31, 2020. Reappointed Harvey Brookins as a City representative of the Western Virginia Water Authority for a term of four years ending June 30, 2020. Waived City residency requirement. Appointed Courtney Campbell to fill the unexpired term of office of Jerry Smith as a City representative of the Roanoke Valley - Alleghany Regional Commission for a term ending June 30, 2018. Appointed Mark Garland as a Citizen at Large representative of the Building and Fire Code Board of Appeals for a term ending June 30, 2018. Appointed John Missell to fill the unexpired term of office of Mary V. H. Dykstra as a member of the Architectural Review Board ending October 1, 2016; and for an additional four -year term of office ending October 1, 2020. Appointed Stephen Grammer to fill the unexpired term of office of Alesha Allen as a member of the Fair Housing Board ending March 31, 2019. Appointed Lorena Wilson to replace Heidi Schmidt as a Citizen at Large representative of the Youth Services Citizen Board for a term ending June 30, 2019. iCW_11aL91111ZU1 *91MIII I , 12 rt 1,i ROAN OKE CITY VUB_E SOIOJ6 21st Century Community Learning Center Year Two Garden City Hurt Park Round Hill Westside Year Three Addison Breckinridge Lincoln Terrace Roanoke Acade R 1 ROANOKE CITY PUBI1C S(II ()Is New Applications Awarded July 28, 2016 21st Century Community Learning Center Sites Year One Fleming Jackson Morningside Woodrow Wilson FIL LIM Round Hill Elementary School Update ROANOKEUry August 1, 2016 PUBLIC SCHOOLS August 2016 Status • 33 new or renovated classrooms 0 21 new classrooms 0 12 renovated classrooms • New cafeteria • Two music rooms and an art room • New bus loop • Main office area renovated • Two modulars removed (six classrooms) Round Hill Preschool • All preschool students will be housed onsite • Previously all Round Hill preschool classes were located at Northminster Church (a rented facility) we:. y AY Round Hill Elementary School Update ROA OKECITY August 1, 2016 PUBLIC SCHOOLS December 2016 Status • Library renovated and expanded • Seven additional classrooms renovated bringing the total to 40 • Modular removed (three classrooms) December 2016 • Preschool students will be moved from Monterey Elementary to Round Hill (approximately 76 students) • Monterey modular moved at end of the school year Capacity 2015 -16 762 December 2016 792 5 RCPS Professional Salary Scale Comparisons 65 — RCPS 2016 -17 Scale Revised as of June 2016 0 60 Fool Average °40). (As of June 2016; used 2015 -16 55 scales where 2016 -17 were not yet available) rn W t 50 - Q Al ER RCPS 2015 -16 Scale ,M RCPS Original 2016 -17 Scale Years of Service 35 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 1 CITY OF ROANOKE OFFICE OF THE MAYOR / 215 CHURCH AVENUE, S.W., SUITE. 452 ROANOKE, VIRGINIA 24011 -1594 TELEPHONE'. (540)853 -2444 FAX (540)853 -1145 SHERMAN P. LEA, SR. EMAIL'. MAVO]U�ROANOKEVA.GOV Mayor August 1, 2016 The Honorable Vice -Mayor Anita J. Price and Members of the Roanoke City Council Roanoke, Virginia Dear Vice -Mayor Price and Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. Sincerely, SiC Sherman P. Lea, Sr. Mayor SPL:ctw COMMITTEE VACANCIES/REAPPOINTMENTS August 1, 2016 Public VACANCIES: Unexpired term of office on the Architectural Review Board ending October 1, 2016. Four -year term of office on the Building and Fire Code Board of Appeals ending June 30, 2018. Unexpired term of office on the Building and Fire Code Board of Appeals ending June 30, 2017. Unexpired term of office on the Economic Development Authority ending October 20, 2017. Unexpired term of office on the Fair Housing Board ending March 31, 2019. Three -year term of office on the Personnel and Employment Practices Commission ending June 30, 2019. Unexpired term of office on the Roanoke Valley- Alleghany Regional Commission ending June 30, 2018. Unexpired term of office on the Visit Virginia's Blue Ridge, Board of Directors ending June 30, 2017. Four -year term of office on the Western Virginia Water Authority, Board of Directors ending June 30, 2020. Unexpired term of office on the Youth Services Citizen Board ending June 30, 2018. Three year term of office on the Youth Services Citizen Board ending June 30, 2019. CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., SUITE 452 ROANOKE. VIRGINIA 24011 -1594 G�RG1N� TELEPHONF (5411) 85] -2444 ' FAX (540)8531145 SHERMAN P. LEA, SR. EMAIL. MAYORC'ROANOKEVA.GOV M.'.' Augsut 1, 2016 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the 2016 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. Since l' V � h_ Sherman P. Lea, Sr. Mayor SPL:ctw eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of City -owned property located at 1015 Jamison Avenue, S.E. bearing Official Tax Map No. 4120808 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 VI City Manager Distribution: Council Appointed Officers eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly -owned property, located at 13 Church Avenue, S.E. (Tax Map No. 4011706), where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to X2.2 -3711 .A.3, Code of Virginia (1950), as amended. h�7 I - -- L1n. i �' I��� �LI ✓� - 6v Christopher P. Morrill City Manager Distribution: Council Appointed Officers eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss a proposal for the disposition of City -owned properties located at 2750 Hoover, Street, N.W., bearing Official Tax Map No. 2430601, and 1201 Prillaman Avenue, N.W., bearing Official Tax Map No. 2440715, 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. I -- - -- - - - - - -- -- - - - - -- C ri top er P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron. Director of Finance Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATE ORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKH, VIRGINIA 24011 -1595 TELEPI ION E 540 - 853.2431 FAX 540 -853 -1221 EMAIL ciryatry@roanokcw . so, August 1, 2016 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Re: Request for Closed Meeting Dear Mayor Lea and Members of Council: Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys This letter is a request of the City Attorney for a closed meeting with City Council regarding consultation with the City Attorney and briefing by staff pertaining to actual litigation, where such consultation and briefing in open meeting would adversely affect the negotiating or litigating position of City Council. This request is made pursuant to Section 22 -371 L A.7, Code of Virginia (1950), as amended. Respectfully requested, Daniel J C laghan City A rney DJC /lsc Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BU11 DING 215 CHURCH.AWMO , SW ROANOKE, VIRGINIA 24011 -1595 TELEPHONE 540. 853.2431 FAX 540 - 853 -1221 EMAIL cimp ttt @roanokca.go, August 1, 2016 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Re: Request for Closed Meeting Dear Mayor Lea and Members of Council: Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys This letter is a request of the City Attorney for a closed meeting with City Council regarding consultation with the City Attorney and briefing by staff pertaining to actual litigation. where such consultation and briefing in open meeting would adversely affect the negotiating or litigating position of City Council. This request is made pursuant to Section 2.2 -3711. A.7, Code of Virginia (1950), as amended. Respectfully requested, E a ghan City Attorney DJC /lsc j3r tcrino No. 1 Bulk and Brush Collection Update August 1, 2016 Brush Collection Resources After October 5, 2015 Knucklebooms collect all brush setouts that meet size criteria Equipment and Labor ➢ 4 Knuckleboom Trucks ➢ 4 Knuckleboom Drivers Brush Piles that Meet Criteria Brush Piles that Meet Criteria La rge Small � S "4 ' rt itm AV •s _ m t► .!I Brush Piles - Too Small Brush Piles - Too Small Solution Place Small Pile in Big Blue Trash Can Intermediate Brush Piles Intermediate Brush Piles }4 Impact of Intermediate Brush Set -Outs On June 6, 2016, in response to increasing demand, SWM implemented a plan to collect intermediate brush piles ➢Added an additional temporary laborer to each bulk packer ➢Additional Cost $1,464 per week Options Option A: Add resources for collection of intermediate brush piles to be combined with bulk collection Option B: Add resources for separate collection of intermediate brush piles Option A ➢ Provide collection of intermediate brush piles by combining with bulk collection ➢ Additional labor required to supplement bulk collection: 4 Sanitation Workers $77,626 (Peak season will require added use of reserve packer fleet and temporary drivers) Option 6 Provide a separate collection of intermediate brush piles Equipment and Labor Requirements ➢ 4 Rear Loading Packers $740,000 ➢ 4 Packer Drivers $117,062 ➢ 8 Sanitation Workers $155,251 Bulk Collection Prior to October 51 2015, SWM collected six (6) bulk items every other week Bagged and boxed trash collected as bulk item On October 5, 2015, SWM began collecting three (3) bulk items every week, but bagged or boxed waste is not permitted • Collection of an unlimited number of biodegradable paper bagged leaves during leaf collection season will continue. 1. Dresser Acceptable Bulk Set -Out n l__I:_T..L ress Excessive Bulk Set -outs • Often the result of tenant's "flight ", move outs, or evictions • Due to "lock- ins ", eviction issues are not as prevalent. Excessive Bulk Excessive bulk set -outs are investigated by SWM Collections Inspectors ➢ Initial contact "educate and advise" compliance. ➢ Next Step: Cite for illegal dumping via Notice of Code Violation (NOV) ➢ Abatements after 72 hours: SWM removes the nuisance and bills the property owner in accordance with the City's fee compendium CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ('Lurch Awnue, S. W., Saito 456 Roanoke, Virginia 241111 -1536 'I elepkone: (541))N53 -3541 Fuv (54(1)953 -1145 .\ I EP I IAN IF M. MOON REV NEEDS, MMC 1?- .nnit: doie,, onnokevn.,, ( ECELIA F. MC('O\' ('it, ('I"k De,(, ('it, Clerk ('E('ELIA T. W EBB, ('M(' As%istinl Depuh ('it% Clerk August 2, 2016 Mr. Christopher B. Bordeaux First Church of Christ Scientist Roanoke 1155 Overland Road, S. W. Roanoke, Virginia 24015 Dear Mr. Bordeaux: 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 1, 2016. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Stephanie .IMo n Rey s. \MIJIC City Clerk kv. — eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Request for Public Hearing Mill Mountain Zoo Lease and Agreement (CM 16-00099) Background: Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing to authorize the leasing of City -owned property, designated as portions of tax map numbers 4070507, 4070521, and 4060505, to the Blue Ridge Zoological Society of Virginia, Inc. The Blue Ridge Zoological Society of Virginia, Inc. is a non - profit organization which leases property on Mill Mountain for the purpose of operating and maintaining the Mill Mountain Zoo. The initial term of the proposed lease is for one year, beginning July 1, 2016 and ending June 30, 2017, and may be renewed for up to four (4) additional one (1) year terms, upon the mutual written agreement of the parties after the initial one (1) year term ends on June 30, 2017. A City Council agenda report containing specific information regarding the proposed lease agreement will be provided to City Council as part of its agenda package for the public hearing. Recommended Action: Authorize the scheduling of a public hearing at City Council's meeting on Monday, August 15, 2016, at 7:00 p.m., or at such time as the matter may be heard, or at such other date and time as determined by the City Manager, to consider the lease of property to the Blue Ridge Zoological Society of Virginia, Inc. Christopher P. Morrill � City Manager i/ Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Michael Clark, Parks and Recreation Manager E) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Request Public Hearing to Enter into a Lease with Richard E. Beverly and Cassie M. Beverly for Tax Map No. 7170509, located at 2410 Mason Mill Road, N.E., Roanoke, Virginia (CM 16- 00104) Background: The City of Roanoke is in the process of purchasing a residential home and land consisting of approximately 0.9917 acres, being property designated as Roanoke Official Tax Map No. 7170509, located at 2410 Mason Mill Road, N.E., in the City of Roanoke, Virginia, adjacent to the planned Deschutes Brewery. Richard E. Beverly and Cassie M. Beverly are the current owners of the property. Mr. and Mrs. Beverly have expressed their desire to lease the Premises, together with all improvements situated on the Property, from the City of Roanoke after Closing for a term not to exceed Eighteen (18) Months from the date the lease agreement is executed. Recommended Action: Authorize the City Clerk to schedule and advertise a public hearing on the proposed lease agreement with Mr. and Mrs. Beverly to be held on August 15, 2016, at 7:00 p.m., or at such time as the matter may be reached, or such other date and time as deemed appropriate by the City Manager. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director of Economic Development Susan Lower, Director of Real Estate Valuation Cassandra L. Turner, Economic Development Specialist CECELIA T. WEBB, CMC Assistant Deputy City Clerk August 5, 2016 Thomas T. Cullen 2802 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Cullen: A communication from the City Clerk advising of your resignation as a member of the Visit Virginia's Blue Ridge, Board of Directors was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, August 1, 2016. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Visit Virginia's Blue Ridge, Board of Directors from July 1, 2016 to August 1, 2016. Sincerely, kA-L) "t- rnt ryr� Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Landon C. Howard, President, Visit Virginia's Blue Ridge, 101 Shenandoah Avenue, N. E., Roanoke, Virginia 24016 -2044 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 s, Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 STEPIIANIE M. MOON REYNOLDS, MMC E -mail elerktn)roanokevn . gov CECELIA F. MCCOV City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk August 5, 2016 Thomas T. Cullen 2802 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Cullen: A communication from the City Clerk advising of your resignation as a member of the Visit Virginia's Blue Ridge, Board of Directors was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, August 1, 2016. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Visit Virginia's Blue Ridge, Board of Directors from July 1, 2016 to August 1, 2016. Sincerely, kA-L) "t- rnt ryr� Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Landon C. Howard, President, Visit Virginia's Blue Ridge, 101 Shenandoah Avenue, N. E., Roanoke, Virginia 24016 -2044 tit CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (54U)853 -2541 Fae: (540)853 -1145 S1 FPIIANIF M. MOON BEYNOLDS,MMC E -mail: elerk(a'raana keya.aoc City Clerk August 1, 2016 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA F. MCC OY Deputy City Clerk CECELIA T. W EBB, CHIC Assistant Deputy City Clerk This is to advise that Thomas T. Cullen has tendered his resignation as a member of the Visit Virginia's Blue Ridge, Board of Directors, effective immediately. Sincerely, fk Stephanie M. Moon Reynol City Clerk TIIOA.AS I CI,IJ:> (x407 983-7602 maven e,, .... d— July 22, 2016 Ms. Moon Reynolds Roanoke City Circuit Court P. 0. Box 2610 315 West Church Avenue Roanoke, VA 24010 -2610 Dear Ms. Moon Reynolds: &,�VVOODS ROGERS 'r () n N E Y S A'1 1, A W As you are aware, I was recently appointed to serve on the Visit Virginia's Blue Ridge Board of Directors. In advance of my first meeting as a board member. I have become aware of an issue that will make it difficult for me to serve. I am therefore tendering my resignation, effective immediately. I apologize for any inconvenience this may cause. Sincerely, WOODS ON /GE�RS PLC l� Thomas T. Cullen TTCaaI Cc: Landon Itoward, Visit Virginia's Blue Ridge P.O. [lux 14125, Roanoke, Virginia 24038 -4125 10 S. leffersun Street, Suite 1400 - Rourke_ Vi vinia24011 P (540) 983 -7600. P (540) 983 -7711 w w w. µ 0 o d 5 r o P, e r S. C o ru Chat ettevville. Danville. RmM1inoud. Rnannkc ('Ue43162 -( 001999 0?3 33 W) Annual Report City of Roanoke Pension Plan Board of Trustees Fiscal Year Ended June 30, 2016 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 was under contract with Cheiron, a defined benefit actuary, who provided consultative technical and administrative guidance to the Board. Mr. Stephen M. McElhaney, FCA, FSA, lead the actuarial team supporting the City. Cheiron is an acknowledged fiduciary. SageView Consulting Group has been selected as the defined benefit actuary for the fiscal year ended June 30, 2016. SageView 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, 2016. 1. July 8, 201 5 2. October 30, 2015 3. January 13, 2016 4. April 13, 2016 Representation Committee Member Meetings Attended 4 3 2 1 Participating Employers Cassandra Altice J v v Ex- officio, Mayor David Bowers v Member at Large Glen Combs v v v Ex- officio, Director of Finance Barbara Dameron v v v v Member at Large Greg Feldmann v v v v _ Retired Employees lames Grisso v v v v Public Safety Stephen Keatts v v v Ex- officio, City Manager Christopher Morrill v v v v _ Active Employee Michael Shockley v v v v July 8, 2015 Meeting The March 31, 2015 quarterly investment update was presented and reported upon by the Chairman. A report from the Special Committee was reviewed with the Board. The Special Committee's recommendation included a modification to City Code Section 22.3 requiring an actuarial study for the evaluation of any benefit change or changes that may impact the Pension Plan liability, either positively or negatively. The report was to be placed on an upcoming City Council Agenda, subject to review by outside legal counsel. Annual Report - City of Roanoke Pension Plan Page 2 October 30, 2015 Meeting The results of the June 30, 2015 actuarial valuation and a forecast for 2016 through 2026 were presented by Stephen McElhaney, Kevin Woodrich and Justin Runkel of Cheiron, the plan's actuaries. The June 30, 2015 quarterly investment update was presented. The Board also received an update on investment performance through September 30, 2015. The Board approved minor changes to the Statement of Investment Policy. The Director of Finance recommended the issuance of an RFP for Pension Actuarial Services. Following discussion, the Board agreed to proceed with the issuance of the RFP. The Board discussed the interest rate applicable to member contributions in the Pension Plan. The interest rate is initially set at 3% and is to be determined by City Council following the initial year. The Board requested comparative information for other pension plans in the Commonwealth of Virginia for review at the next meeting. January 13, 2016 Meeting The September 30, 2015 quarterly investment updates were presented and reported upon by the Chairman and the Assistant Director of Finance. The Board also received an update on investment performance through February 29, 2016. As a follow -up to the discussion regarding the interest rate applicable to member contributions, the Board requested additional information to include 5 -year benchmarks for other pension plans within the Commonwealth of Virginia. April 13, 2016 Meeting The December 31, 2015, quarterly investment update was presented and reported on by the Chairman and the Assistant Director of Finance. The Board also received an update on investment performance through February 29, 2016. The Board was provided benchmark information regarding the applicable interest rate on member contributions. The Board approved a recommendation to City Council for approval of an interest rate of 2% to be applied to member contributions following the initial year's interest of 3% as defined in City Code. The Board recommended the application of the 2% interest rate until superseded by future Council action. The Board was provided updated information on the recent RFP for Actuarial Services issued by the City. The Board was informed of the two selected firms. Additional information was being sought from the firms. The Board members were to be contacted via e-mail to vote on approval of the selected firm following evaluation of the additional information provided. The Board was provided information on the Cost of Living Adjustment (COLA) and the calculation pursuant to the Code definition as based on CPI. The staff expressed their appreciation for the service of those Board members whose terms expired effective June 30, 2016. Annual Report - City of Roanoke Pension Plan Page 3 Pension Plan retirement applications were presented at each Board meeting and approved as follows: Meeting Date ERS ESRS Total Death with Spousal Option July S, 2015 1 23 24 4 October 30, 2015 3 32 35 5 January 13, 2016 3 12 15 3 April 13, 2016 2 25 27 3 Total 9 92 101 13 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. Annual Report Pension Investment Committee Subcommittee of the City of Roanoke Pension Plan Board of Trustees Fiscal Year Ended June 30, 2016 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, 2016: 1. August 19, 2015 2. November 18, 2015 3. February 17, 2016 4. May 18, 2016 Appointed Committee Member Meetings Attended a T 3 x t Glen Combs v v J Barbara Dameron v v v Greg Feldmann v v James Grisso J v v Andrea Trent J v v Other Attending Board Members Michael Shockley v v v August 19, 2015 Quarterly Meeting The PIC heard a presentation of the broad investment market performance for the quarter ended June 30, 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 levels for the quarter, one, three, and five -year periods ended June 30, 2015, The PIC reviewed modifications to the Statement of Investment Policy. The PIC approved recommendations for changes to the plan's asset allocation policy related to fixed income and the core fixed income allocation as well as minor updates to the fixed income allocation permissible investments. The PIC reviewed information on projected cash flow and cash needs to cover projected benefit payments for the upcoming fiscal year. The PIC approved the rebalancing of the investment portfolio for the investment of funds in a balanced mutual fund to provide liquidity needed to cover projected benefit payments for the current fiscal year. Annual Report - City of Roanoke Pension Plan Pension Investment Committee Page 2 November 18, 2015 Quarterly Meeting The PIC heard a presentation of the broad investment market performance for the quarter ended September 30, 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 September 30, 201 S. The PIC discussed other potential investment strategies and the impact on the risk profile of the plan's investment portfolio. There were no recommended changes to the asset allocation. February 17, 2016 Quarterly Meeting The PIC held a conference call with Wells Capital Management Relationship and Portfolio Managers of the plan's High Yield Fund. The Portfolio Managers reviewed the investment strategy and process of the fund. At the conclusion of the call, the PIC discussed the presentation and the investment advisor's assessment of the fund. Noting the advisor's comfort with the fund and their assessment of the fund as a positive choice within its investment strategy, there were no recommended changes. The PIC heard a presentation of the broad investment market performance for the quarter ended December 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 December 31, 2015, with the consultant. The investment advisor and the PIC discussed a possible increase in the real estate allocation. The PIC will continue their assessment of a possible increase in this asset class. The PIC discussed the rate of interest to be applied to employee contributions in the pension plan. The discussion centered around current market rates of interest and providing a reasonable return on employee contributions, as well as the application of a indexed interest rate. The plan's investment consultant indicated a 0% rate would not be unreasonable in the current market environment. May 18, 2016 Quarterly Meeting The PIC heard a presentation of the broad investment market performance for the quarter ended March 31, 2016, 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, 2016, The PIC was updated on the investment team for the plan's international emerging markets equity manager following the departure of the fund's portfolio manager. The investment advisor's research indicates the team remains substantially intact despite the departure of the portfolio manager. Further, the team was actively involved in the investment process. The advisor will continue to monitor the fund's investment performance and the portfolio management team's continuity. There was currently no recommendation for changes within this asset allocation. The PIC next discussed the real estate allocation. The investment advisor will provide additional information on real estate investment alternatives for the PIC's consideration at the next meeting. 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. Annual Report City of Roanoke Pension Plan Defined Contribution Board Fiscal Year Ended June 30, 2016 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, as well as the Executive 401(a) and Hybrid 401(a) plans. The following meetings were held for the fiscal year ending June 30, 2016: 1. August 5, 2015 2. November 10, 2015 3. February 25, 2016 4. May 10, 2016 Representation committee Member Meetings Attended 4 3 2 1 Ex- officio, Director of Finance Barbara Dameron J J Y V Ex- officio, City Manager Christopher Morrill v v v City Manager Designee Sherman Stovall V V V J Dirertor of Finance Designee Andrea Trent V V 4 V Ex officio, Director of Human Resources Michele Vineyard J V J August 5, 2015 Meeting The Board was provided a quarterly investment update. The Board reviewed employee participation and fund utilization of the 457 and 401 IN plans for the quarter ended June 30, 2015. 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 one investment fund identified for evaluation due to performance. No change in the fund line -up was recommended. November 10, 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 September 30, 2015. Annual Report - City of Roanoke Pension Plan Defined Contribution Board Page 2 The Board was provided an overview and scoring matrix of the investment funds approved for the 457 and 401(h) plans. Three funds were marked for review or under consideration for replacement, based upon the CAPTRUST scoring matrix. The Board agreed with CAPTRUST's current recommendation to retain each of the funds. Information was provided on the total assets held in each of the respective plans. The Board was presented and reviewed information on the ICMA -RC Retirement Income Fund. The fund provides an option for members to annuitize their accounts. Following a careful and thorough discussion, the Committee voted not to add the fund as an investment option with the plans at this time. February 25, 2016 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, 2015. The Board was provided an update on three funds reviewed at the November 10 meeting. Following a thorough review of each of the funds as well as alternative replacement funds, the Board elected to retain one of the funds and approved the replacement of two the funds with the recommended alternatives. CAPTRUST will coordinate the fund replacements with ICMA -RC. May 11, 2016 Meeting The Board reviewed employee participation and fund utilization of the 457 and 401(h) plans for the quarter ended March 31, 2016. The Board was provided a quarterly investment update. The Board was provided an update on the replacement of the fund approved at the February 25, 2016 meeting. The replacement is tentatively scheduled for June 17, 2016. Effective June 20, 2016, City Council adopted ordinance no. 40572-062016, amending City Code to replace the City Manager's ex- officio position with the Assistant City Manager of Operations and providing the Assistant City Manager of Operations two member designees, neither of whom shall be the Director of Finance. 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. Annual Report of the Finance Board For Fiscal Year ending June 30, 2016 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, 2016: I. August 26, 201 5 2. January 6, 2016 3. February 24, 2016 4. May 25, 2016 Committee Member Meetings Attended 4 3 2 1 Barbara Dameron v , v v Evelyn Powers v v v v Brian Redd, Citizen -at -Large member of the Finance Board, resigned effective August 25, 2016, due to his job relocation and subsequent move outside of the state of Virginia. August 26, 2015 Meeting The VML /VACo June 30, 2015 Quarterly and Year -end Report for the Pooled Trust Fund was reviewed with commentary on the fiscal year's return of 2.14 %. Confirmation was provided of updates to the Investment Policy Statement approved by the VML /VACo OPEB Board. January 6, 2016 Meeting The VML /VACo September 30, 2015 Quarterly Report for the Pooled Trust Fund was reviewed with commentary on the return for the quarter of - 5.13 %, The Board approved the issuance of an RFP for actuarial services related to OPEB to run concurrent with the pension RFP for actuarial services. This RFP is in conjunction with the expiration of the current contract. February 24, 2016 Meeting The VML /VACo December 31 , 2015 Quarterly Report for the Pooled Trust Fund was reviewed with commentary on the return for the quarter of 2.96 %. The annual actuarial valuation reports for the OPEB and LODA plans were presented. A recommendation for the deferral of the funding of the FYI contribution of $721.5K until May, to ensure proper liquidity of the City's cash reserves, was approved. May 25, 2016 Meeting The VML /VACo March 31 , 2016 Quarterly Report for the Pooled Trust Fund was reviewed with commentary on the return for the quarter return of - 0.02 %. Staff reported the results of the RFP for actuarial services for the OPEB plans and the selection of SageView Consulting. Funding for the FYI actuarial required contribution was wired on May 24. OPEB Trust Annual Report of the Finance Board Page 2 Staff reported that Ken Cronin has been appointed April 6, 2016, as the Citizen -at -Large member to fill the unexpired term of Brian Redd ending June 30, 2016, and thereafter, an appointment for an additional two -year term ending June 30, 2018. 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. A& ROANOKE VALLEY RESOURCE AUTHORrFY July 12, 2016 Stephanie M. Moon Reynolds, MMC City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenue, SW Roanoke, VA 24011-1536 Re: Roanoke Valley Resource Authority Resolution RA #2016 -727 Dear Ms. Reynolds: Enclosed please find a copy of RVRA's Resolution RA #2016 -727 together with the Waste Disposal Fees & Charges effective July 1, 2016. Sincerely, Bishop RVRA Board Secretary plb Enclosure 1020 Hotbox Road, NE Roanoke, Virginia 24012 -8011 (540) 857 -5050 Fax (540) 857 -5056 Web Site: www.rvra.net RESOLUTION OF THE ROANOKE VALLEY RESOURCE AUTHORITY Adopted this 22nd day of June, 2016 RA 92016 - 727 A RESOLUTION adopting a schedule of rates, fees and charges for the use of the Authority's system effective July 1, 2016. BE IT RESOLVED by the Roanoke Valley Resource Authority that: 1. The preliminary Rate Schedule previously established by the Authority by resolution dated March 23, 2016, of rates, fees and charges to be charged by the Authority effective July 1, 2016 for the use of the system set forth on Exhibit "A ", which is attached to and incorporated in this resolution, is hereby ADOPTED in final and put into effect, as more particularly set forth in the report from the Chief Executive Officer to this Authority, dated June 22, 2016. 2. The Authority Secretary is authorized and directed to transmit a certified copy of this resolution with the final adopted schedule of rates, fees, and charges effective July 1, 2016 to the Office of the Clerk for Roanoke City Council, the Office of the Clerk for the Roanoke County Board of Supervisors, and the Office of the Clerk for the Vinton Town Council, to be kept on file and open to inspection by all parties interested. On motion of Ms. Owens to approve the resolution, seconded by Mr. Nalley, and carried by the following role call and recorded voice vote: AYES: Anne Marie Green, Joey Hiner, Dennis Nalley, Rebecca Owens, Mike Shockley NAYS: None ABSENT: Bobby Edwards, Keith Garman A COPY TESL Bishop Roanoke Valley Resource Authority I hereby certify that the foregoing is a true and correct copy of Resolution RA #2016 -727 adopted by the Roanoke Valley Resource Authority on ute 22, 2016 A COPY TES Pe &W Bishop Roanoke Valley Resource Authority ROANOKE VALLEY RESOURCE AUTHORITY WASTE DISPOSAL FEES & CHARGES AS OF: JULY 1, 2016 MUNICIPAL WASTE $49.50 PER TON COMMERCIAL WASTE $59.50 PER TON CONTRACT MUNICIPAL WASTE $53.00 PER TON CONSTRUCTION AND DEMOLITION WASTE $59.50 PER TON WOOD WASTE CLEAN LOADS OF UNTREATED BRUSH OR WOOD SUITABLE FOR TUB GRINDING $35.00 PER TON TIRES $120.00 PER TON TIRES MIXED WITH OTHER WASTE PREVAILING RATE PLUS $5.00 PER TIRE SPECIAL WASTES (ACCEPTED ONLY WITH PRIOR APPROVAL & NOTIFICATION.) ASBESTOS (NON FRIABLE) $ 59.50 PER TON ASBESTOS (FRIABLE) $ 100.00 PER TON DEAD ANIMALS $ 59.50 PER TON OTHERS (As DETERMINED BY RESOURCE AUTHORITY) $ 59.50 - $100.00 PER TON UNCOVERED VEHICLES ADDITIONAL $25.00 MINIMUM CHARGE FOR PER TON FEES $10.00 WOOD MULCH SALES (WHEN AVAILABLE) PICK UP TRUCKS AND SMALL TRAILERS (1 Bucket) NO CHARGE ALTERNATE DAILY COVER $25.00 PER TON (ACCEPTED ONLY @ SMITH GAP LANDFILL WITH PRIOR NOTIFICATION & APPROVAL.) VEHICLE WEIGH FEE (NON - MEMBER VEHICLES) $25.00 UNACCEPTABLE WASTE CHARGES $100.00 PER TON @ MINIMUM ONE TON + HANDLING COSTS, RELATED DAMAGES, AND LOST REVENUE LATE ACCOUNT PENALTY 10% OF AMOUNT PLUS INTEREST AT THE LEGAL RATE ON THE PRINCIPAL NOTE: THE ROANOKE VALLEY RESOURCE AUTHORITY RESERVES THE RIGHT TO ESTABLISH FEES AND CHARGES AS IT DEEMS NECESSARY AND APPROPRIATE FOR WASTES NOT LISTED HEREIN AND TO REFUSE TO ACCEPT ANY MATERIAL DEEMED BY THE AUTHORITY TO BE UNACCEPTABLE. a" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telepkonec (540)953 -2541 Fnx: (540)953 -1145 STEPHANIE M. MOON REYNOLDS, MMC F nniil cicrk(yronnokrvn . g14 CECELIA F. MCCOY CIO Clerk Deputy City Clerk CECELIA T. W EBB, CMC Assistnnt Deputy Cliv Clerk August 2, 2016 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: This is to advise you that Carl C. Gates has qualified as a member of the Roanoke Arts Commission for a three -year term of office ending June 30, 2019. Sincerely, `-, n L) „ 1 N Qr q1TOUA/ Stephanie M. Moon Reynolds, MMC City Clerk pc: Susan Jennings, Arts and Culture Coordinator Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Carl C. Gates, do solemnly swear (or affirm) 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 Arts Commission for a three -year term of office ending June 30, 2019, according to the best of my ability. (So help me God.) 0 /� Zzu CART C. GATES The foregoing oath , � of officcewas taken, sworn to, and subscribed before me by Cad C. Gates this Z -day of 2016. Brenda S. Hamilton, Clerk of the Circuit Court Clerk Alan Hullette, Superintendent Roanoke Valley Juvenile Detention Center Commission 498 Coyner Springs Road, N. E. Roanoke, Virginia 24012 Dear Mr. Hullette: This is to advise you that Sherman M. Stovall has qualified as the Alternate City representative of the Roanoke Valley Juvenile Detention Center Commission for a four - year term of office ending June 30, 2020. Sincerely, #,'Cn. r�Tlo 14' Stephanie M. Moon Reyn s, MMC City Clerk c5 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Boom 456 -` Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fos: (540)953 -1145 STEPHANIE M. MOON REYNOLDS, MM(' mil: cicrk(n)ronnokevu...V CECELIA F. M( COY ('it, ('lurk Deputy City Clerk CECELIA T. W EBB, CHIC ASsk Wlit Deputy City Clerk August 2, 2016 Alan Hullette, Superintendent Roanoke Valley Juvenile Detention Center Commission 498 Coyner Springs Road, N. E. Roanoke, Virginia 24012 Dear Mr. Hullette: This is to advise you that Sherman M. Stovall has qualified as the Alternate City representative of the Roanoke Valley Juvenile Detention Center Commission for a four - year term of office ending June 30, 2020. Sincerely, #,'Cn. r�Tlo 14' Stephanie M. Moon Reyn s, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Sherman M. Stovall, do solemnly swear (or affirm) 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 the Alternate City representative of the Roanoke Valley Juvenile Detention Center Commission for a four -year term of office ending June 30, 2020, according to the best of my ability. (So help me God.) W II ,'��1� J� The foregoing oath of office was taken, sworn to, and subscribed before me by Sherman M. Stovall this i ?r day of 2016. Brenda S. Hamilton, Clerk of the Circuit Court CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chnrch At, nne, S. W., R 456 -' Roanoke, Virginia 24011 -1536 'I'eieplmne: (540)853 -2541 fax: (540)853 -1145 11LPIIANC'hI.N100NIik:N'N01 DS,NTNR k:nmil: rlcrkGl ro,o,okcva.gp4 C'E(ELIAI(h1CCOV City (jerk Depnly City ('jerk ('EC [AAA 1. Wk1111, ('M(' A.r.{ixhmt Delluly Cily Clerk August 3, 2016 Paula Page Williams 1515 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Williams: Pursuant to Section 2.2 -3115, Code of Virginia (1950), as amended, I am required to furnish members of the City Planning Commission with a form for Disclosure of Real Estate Holdings prior to assume the duties as a member of the Planning Commission. State Code provisions further provide that all disclosures must be fled and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the undersigned by Monday, August 8, 2016. If I may be of assistance, please do not hesitate to call me. Sincerely, M �trovL o Stephanie M. Moon Rey City Clerk Enclosure PC: Tina Carr, Secretary, City Planning Commission STEPHANIE M. MOON REVNOLD.v, MM(' ('ilk ('lerk CI'T'Y OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Ronnoku, Viiginin 24011 -1536 '1'e1ep1 .unu: (540) 853 -2541 F.,,: (540)X53 -1145 L -mail: do k(.......... n.unv August 2, 2016 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr- F( FLIA F. MCCOV Depnly ('ily Clerk ('ECELIA T. W FDD, CM(' AW,fi nl DeOnD,' C1tp Clerk This is to advise you that Paula Page Williams has qualified as a member of the City Planning Commission to fill the unexpired term of Chad A. Van Hyning ending December 31, 2016. Sincerely, n Stephanie M. MoonReynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Paula Page Williams, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City Planning Commission to fill the unexpired term of Chad A. Van Hyning ending December 31, 2016, according to the best of my ability. (So help me God.) U PAULA PAGE WILLIAMS The foregoing oath of office was taken, sworn to, and subscribed before me by Paula P. Williams this c�/'S day of , 2016. Brenda S. Hamilton, Clerk of the Circuit Court By /lJ¢41L r4 Clerk August 2, 2016 Aisha Johnson Assistant to the City Manager Roanoke, Virginia Dear Ms. Johnson: This is to advise you that Joyce W. Watkins has qualified as a member of the Youth Services Citizen Board for a three -year term of office ending June 30, 2019. Sincerely, km.q7o� o , Stephanie M. Moon Reyn MMC City Clerk o5:2- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 - Rmmokc, Virginla 24011 4536 '1 elepanoe: (540)953 -2541 Fn.r: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MM( E.nmil: elet k(arnnnekeve.kov CECELIA F. MCCOV Cif ' (let k DePnly Cily Clerk CECELIAT. WERR,CM(' Assistant Deputy CITY Clerk August 2, 2016 Aisha Johnson Assistant to the City Manager Roanoke, Virginia Dear Ms. Johnson: This is to advise you that Joyce W. Watkins has qualified as a member of the Youth Services Citizen Board for a three -year term of office ending June 30, 2019. Sincerely, km.q7o� o , Stephanie M. Moon Reyn MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Joyce W. Watkins, do solemnly swear (or affirm) 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 Youth Services Citizen Board for a three -year term of office ending June 30, 2019, according to the best of my ability. (So help me God.) YCE W. WgTKINS The foregoing oath of office was taken, sworn t and subscribed before me by Joyce W. Watkins this,�.J' day o 2016. Brenda S. Hamilton, Clerk of the Circuit Court CI rk MOFFICE a CITY OF ROANOKE OF THE CITY CLERK 215 Church Avenao, S. W., Room 456 _ Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fux: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -until: clerkQJro4noknvag °v CECELIA F. MCCOY City Clerk Deputy City Clerk August 2, 2016 CECELIA T. WEBB, CMC Assists ut Deputy City Clerk Todd Zion, Right of Way Agent Virginia Department of Transportation 731 Harrison Avenue Salem, Virginia 24153 Dear Mr. Zion: I am enclosing copy of Ordinance No. 40588 - 080116 authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City - owned property, being approximately 0.46 acres, located along Jae Valley Road, in Roanoke County, Virginia, designated as Roanoke County Tax Map No. 089.00- 01 -22, to be used by VDOT for the construction, maintenance and /or operation of the Route 116 public transportation facility to be located in Roanoke County, Virginia, for the purchase price of $6,300.00 to the Commonwealth of Virginia Department of Transportation (VDOT). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, Stephanie M. Moon Reyno s, M C City Clerk Enclosure C! Virginia Department of Transportation, Office of Public Affairs, Attention: Office of Communications, 1401 East Broad Street, Richmond, Virginia 23219 William E. Driver, Director, Real Estate Valuation, Roanoke County, 5204 Bernard Drive, Suite 200 -D, Roanoke, Virginia 24018 -0798 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney David L. Collins, Assistant City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Director of Economic Development Cassandra Turner Economic Development Specialist IN THE COUNCIL OE TILE CITY OE ROANOKE, VIIW NIA The 1st day of August, 2016. No. 40588- 080116, AN ORDINANCE authorizing the City Manager to execute the necessary documents Providing hn the conveyance of a parcel of City - uwned property, being approximately 0.46 acics, located along Jae Valley Road, in Roanoke County, Virginia, designated as Roanoke County Tax Map No. 089.00- 01 -22, to the Commonwealth of Virginia Department of Transportation (VDOT), upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on August 1, 2016, pursuant to § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a parcel of City -owned property, being approximately 0.46 acres, located along Jae Valley Road, in Roanoke County, Virginia, and designated as Roanoke County Tax Map No. 089.00- 01 -22, to VDOT, to be used by VDOT for the construction, maintenance and /or operation of the Route 116 public transportation facility to be located in Roanoke County, Virginia, for the purchase price of $6,300.00, upon certain terms and conditions, and as more particularly stated in the City Council Agenda Report dated August I, 2016. 2. All documents necessary for this conveyance shall be in form approved by the City Attomey. 0 Convny toe Valley Rd Rke Ca TM(09.00 -01 -221a VDOT 3. Pwsuant to the provisieus of Sariion I, of tb, City charter, the second reading of this Ordinanec by title is hereby dispcaval with, n"f'FFST �. city C'Icrk. 0 'anv, l'Ic Vulloy Rd Rk, ( (, M118') 1, III ?? w VU01 IN 1 IGI x AGENDA REPORT t= To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Conveyance of an Approximate 0.46 Acre of City -Owned Vacant Land Located along Jae Valley Road in Roanoke County, Virginia to the Commonwealth of Virginia Department of Transportation in Support of the Rt. 116 Highway Project 0116- 080 -101, RW - 201(CM 16- 00098) Background The Commonwealth of Virginia Department of Transportation (VDOT) is in the process of acquiring rights of way for the Commonwealth of Virginia for the construction, maintenance and /or operation of a public transportation facility, specifically, Route 116 in Roanoke County, Virginia. VDOT seeks to acquire Tax Map #089.00- 01 -22, an approximate 0.46 acre portion of city -owned land located along Jae Valley Road in Roanoke County, Virginia, in connection with VDOT's Rt. 116 Highway Project, 0116- 080 -101, RW -201. VDOT seeks to acquire the property to use for the construction, maintenance and /or operation of the referenced public transportation facility including any components thereof such as, but not limited to, storm water management systems, drainage systems, traffic control equipment, curbs, gutters, sidewalks and bike trails. This land is not currently being used by the City. Considerations: The subject property will be impacted by a highway improvement project for Route 116, Jae Valley Road, located in the Big Lick Magisterial District of Roanoke County, Virginia. The project's primary function is for the bridge replacement over Back Creek. This highway project is approximately 3.3 acres long and affects 9 properties on both sides of Route 116. The land value of the City parcel is currently assessed at $5,000. VDOT's offer to acquire the property is $6,300. Recommended Action: Absent comments at the public hearing to the contrary, adopt the attached ordinance authorizing the City Manager to execute a Contract substantially similar to the one attached to this report, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Contract. All documents are subject to approval as to form by the City Attorney. � ---✓�! ------ ,-- � --�� ^� i w Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Asst. City Mgr. for Community Dev. Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director Economic Development Cassandra L. Turner, Economic Development Specialist The Roanoke Times Roanoke, Virginia Affidavit of Publication VA DEPT OF TRANS - OFFC OF PUBLIC AFFAIRS Axn OFFICE OF COMMUNICATIONS 1401 EAST BROAD ST RICHMOND, VA 23219 Account Number 6012547 Date July 1 S, 2016 Date Category Description Ad Size Total Cost 07121/2016 Municipal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propose 1 JI 56 L 325.36 NOTICE OF PUBLIC HEARING The Oily of connote, ero0pase5 1. ieed III or ydrey etl Property tlRoanoke counts. iae .gmr. R ° me c aim afrrvna nia 22. to Of Commonwealth (vooT>, anrmp narf°aio morn d/,, °6f ° m.nim farnicr in connection 'eld, V Highway Project 01160e0- 101RRW 3016 me renuirements of sections S li -la0o ana ls.zaelz. Code a ¢sso), ended nor( ne:anr a er o the City or Roanoke `Will hma a°public hear 11 the above ma r a gularrm to be Feld ° August 1 o o. at III or th —.11.1 2the y bee n the Councr Chamber. JIth Floor. Il 41.. Real C TO or Municipal Building, 215 Church e of —punen kiI, ,,liable rll2 from Furth— e Olrre of Me City Clerk for the City of R °an °ke at (540) 053.2541. be IM1car. fruit a .press tnmr cuppee s on :em mate . wiM a disability 1. needs CcOroppollatiOnS to, apt the City Clarks Om¢e nc n(AOtl contact the before 1200 noon°nT Thursday, July 28. 211 CIV Jone. ... my hand this 29th dm of M. Moon Reynolds, City Cirri: 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: 0 711 512 01 6 The First insertion being given ... 07/15/2016 Newspaper 1 //1reference: 0000347029 Billing hepresentativer Sworn to and subscribed before me this Friday, July 15, 2016 F r Notary ubli State fVirginia �F.•'I., 'Fi City/County of Roanoke rU tlO (' My Commission expires���� i�� * '_G THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU `r n'nlvvl (� NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey an approximate 0.46 acre parcel of City-owned property located along Jae Valley Road in Roanoke County, Virginia, designated as Roanoke County Tax Map No. 089.00- 01 -22, to the Commonwealth of Virginia Department of Transportation (VDOT), for the construction, maintenance and/or operation of a public transportation facility in connection with VDOT's Route 116 Highway Project 0116- 080 -I01, RW -201. Pursuant to the requirements of Sections 15.2 -1800 and 15.2 -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 1 2016, commencing at 2:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, 44, 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, July 28, 2016. GIVEN under my hand this 29tHlay of ,Tune , 2016. Stephanie M. Moon Reynolds, City Clerk Pn -1, itchy pmprny Jn VA, Rod Rannnke('u .t, IN -1 -16) Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on Friday, July 15, 2016. Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk City of Roanoke 4' Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 540- 853 -2541 Please bill to: Virginia Department of Transportation Office of Public Affairs Attn: Office of Communications 1401 East Broad Street Richmond, Virginia 23219 Local Contact: Todd Zion, Right of Way Agent 731 Harrison Avenue Salem, VA 24153 Phone: (540) 375 -9504. PH —sale of c,(, pmperty —Jae Valley Ruud -R— ,Ike foamy (8 1 -16) o CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Presentation Regarding the Roanoke Cultural Endowment I would like to sponsor a presentation by Shaleen Powell, Executive Director of the Roanoke Cultural Endowment, to provide a progress report regarding the start -up efforts of the Endowment since City Council's previous briefing in April, 201 S. l Christoph Iil "�;fJ v City Manager V Distribution: Council Appointed Officers ROAN J TURAL END *WMENT August 1, 2016 Rp C'IpIIf --J 7 IA • Hired part -time Executive Director • Defined Endowment details (i.e. the weeds) • Adopted Best Practices pertaining to board operations, governance, legal, ethical & accountability practices • Created graphic identity, website, donor brochure • Engaged with various stakeholders in community ROANOKRAL ENDOWMENT Our Mission: To cultivate a legacy of stability, engagement and vitality for arts and culture in the City of Roanoke through grant making. Our vision: Fostering the growth vitality, and future of a vibrant community where arts and culture are accessible to all and valued as a critical component of a healthy region. Values • Sustainability • Collaboration • Advocacy • Education • Engagement ROA NO KPAL E D *V/MEN? GOAL: We do not plan to grant any funding until our endowment reaches $20 million. We hope to achieve this goal through public and private contributions within ten years. SPENDING POLICY: Our spending policy allows us to give up to 5% from a 3 -year rolling average. We envision giving away 4% each year. GRANT CYCLE: We envision a 3 -year grant cycle to allow organizations predictable and sustainable funds. ELIGIBILITY. RCE grants are institutionally oriented, operational grants for organizations that present or produce a season of programs. Organizations must meet minimum eligibility requirements for funding consideration. ROAN OKRAL END *WMENT RCE provides annual operational grants for art and cultural organizations. Organizations must meet minimum eligibility requirements for funding consideration including the following: • Must be a registered 501(c)(3) organization • Must be an arts and /or cultural organization • Must be located in Roanoke City • Applicants must not discriminate • Applicants must be in good standing in accordance with the RCE's grant and application requirements • Must have a minimum 3 -year record of continuous operation in the City of Roanoke ROA NOKRAL ENDOWMENT • Sustainable and predictable operational support for non - profit arts and cultural organizations • Engaging Roanoke in a shared vision for the City and driving support for arts and culture • Creating a community where arts and culture are accessible to all • Positioning Roanoke as the cultural destination, and as a vibrant, energetic city that attracts business and young people to live work and play • Fostering more collaboration, dialogue and engagement among the city, private sector and arts and cultural organizations 4FCU ROAN OR FND MEN' AI. E N�*NIMEN? • August 2016 — Approach major donors for lead gifts (Silent Phase) • August /September 2016 — Interviews with Executive Directors • Fall 2016— Hold strategic meetings with stakeholders /local partners • Spring 2017— Potential Cultural Summit Part II • Fall 2017 — Launch RCE's Public Community Campaign • 2025 or earlier — $20M Goal reached N04NQY =f-U T>9A'_ E',C•�S 1d G 147 • Silent Phase Major Gift Fundraising • City Funding for 2016 -17 • Economic Impact Data • Continue to meet with Stakeholders • Plan for Fall 2017 Public Campaign Launch • Report back to Council yearly ROAN TURAL ENDS: WMENT trF "3 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (541)) 853 -2541 rnx: (5410859 -1145 STEPHANIE M. MOON REYNOLDS, MM( E -nni): dcrk(n'romlokeen'EO° (Ef ELIAR.M('('OY 01, ('lerk Depoly (vy Clerk August 2, 2016 CECELIA T. WEBD, CM( Assislnnt DePmy Cite Clerk Chris Sorensen and Robin Sorensen, Co- Founders The Firehouse Subs Public Safety Foundation 3400 -8 Kori Road Jacksonville, Florida 32257 Gentlemen: I am enclosing copy of Resolution No. 40589- 080116 authorizing acceptance of a donation from Firehouse Subs Public Safety Foundation, to the Roanoke City Police Department for at least three Automated External Defibulators, valued at approximately $1,700 each. On behalf of the Mayor and Members of the Roanoke City Council and the citizens of the City of Roanoke, I wish to express sincere appreciation to Firehouse Subs Public Safety Foundation for your generous donation to the Roanoke City Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, Stephanie M. Moon Reynolds, C City Clerk Enclosure pc: Christian Meek, Manager, Firehouse Subs, 2019 Colonial Avenue, S. W., Roanoke, Virginia 24015 Carla Wisemann, Firehouse Subs, 5050 Rutgers Street, N. W., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Timothy S. Jones, Chief of Police Amelia C. Merchant, Director of Management and Budget IN'I'I II? COl1NC1[. OI Jill; ('I 'I Y OF ROANOKI'., V11MINIA Tho St day cf Augoet, 2016. No. 40589- 080116. A 0:SOLU'IION uuthmizing acceptance ofa donation from Firehouse Subs Public Selcty Foundation, lu the Roanoke ('try Police Deparlmco( for at (east three Automated llxternal DC(ibublors, and authorising execution ofany and all necess ly documents to accept file donation. 131i IT RESOLVED by the Council of the City of Roanoke that I. Tile 01Y Manager is herebyauthoiizedon behalfofthe City to accept from Firehouse Subs Public Safety Foundation, a donation to the Roanoke City Police Department for (east three Au(Ouluted 1 xternal Defibulators, valued at approximately S1,700 each, as more particularly set forth in the City Council Agenda Report dated August 1, 2016. 2. 'rile City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the donation, such documents to be approved as to form by the City Attorney, 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Firehouse Subs Public Safety Foundation, for their generous donation to the Roanoke City Police Department as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to Firehouse Subs Public Safety Foundation, expressing the City's appreciation for its donation. ATTEST: City Clerk. R- duo0im orAF.n, lmm Pirehanse 9.h, 8.1.16doe CITY COUNCIL AGENDA REPORQ $e rsT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Firehouse Subs AED Donation (CM16- 00101) Background The Firehouse Subs Public Safety Foundation would like to donate at least three Automated External Defibulators (AEDs) to the Roanoke Police Department. The Firehouse Subs restaurants at 2019 Colonial Ave S.W., 5050 Rutgers St N.W., and 5044 Keagey Rd have all requested that the foundation donate AEDs to the Roanoke Police Department. The AEDs are being purchased by the Firehouse Subs Public Safety Foundation. The foundation was established in 2005 in the aftermath of Hurricane Katrina by firefighting brothers, and restaurateurs, Chris Sorensen and Robin Sorensen. The foundation has a commitment to providing first responders with life- saving equipment and resources. The Foundation has awarded more than $20 million to public safety organizations throughout the country and to more than 1,450 fire, police and EMS departments. To celebrate the opening of their 1 ,000t' restaurant, Chris Sorensen and Robin Sorensen have committed one million dollars to provide police departments with AEDs. Firehouse Subs Public Safety Foundation is a 501(c)(3) nonprofit. To match current police AEDs, the police department is requesting the Zoll AED Plus with AED Cover with Public Safety PASS Cover, Batteries, CPR -D Padz, Softcase. The fair market value of each unit, with its accessories, is approximately $1,700. No local match funding or grant account transactions are required for this donation. Recommended Action: Accept the donation described above and any additional AEDs offered by the Firehouse Subs Public Safety Foundation. CHR STOPHER P.IMORRILL City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Barbara A. Dameron, Director of Finance Timothy S. Jones, Chief of Police Amelia C. Merchant, Director of Management and Budget James A. Burtch c/o The Estate of William and Mary Jane Burtch 3296 Somerset Street, S. W. Roanoke, Virginia 24014 Dear Mr. Burtch: I am enclosing copy of Resolution No. 40590 - 080116 authorizing acceptance of a donation of fourteen works of art from the Estate of William and Mary Jane Burtch to the City of Roanoke. Donating your mother's artwork will allow the public access to it and will preserve her work for future generations to enjoy. On behalf of the Mayor and Members of City Council, I express sincere appreciation for your generous donation to the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, 04", Stephanie M. Moon Reyno s, MMC City Clerk Enclosure c: Greg Webster, Chair, Roanoke Arts Commission, 1835 Arlington Road, S. W., Roanoke, Virginia 24015 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Susan Jennings, Arts and Culture Coordinator CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 'mu Rounoke,Vhginii 24011 -1536 Tel,h.,,e: (540)853 -2541 Fn.v: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MM( E -null: cimk(nlronnokevn . g °v CECELIA F. MCCOY City Clerk Deputy City Clerk August 2, 2016 CECELIAT. WEDD,CMC M,kwn Depm,y City Clerk James A. Burtch c/o The Estate of William and Mary Jane Burtch 3296 Somerset Street, S. W. Roanoke, Virginia 24014 Dear Mr. Burtch: I am enclosing copy of Resolution No. 40590 - 080116 authorizing acceptance of a donation of fourteen works of art from the Estate of William and Mary Jane Burtch to the City of Roanoke. Donating your mother's artwork will allow the public access to it and will preserve her work for future generations to enjoy. On behalf of the Mayor and Members of City Council, I express sincere appreciation for your generous donation to the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, 04", Stephanie M. Moon Reyno s, MMC City Clerk Enclosure c: Greg Webster, Chair, Roanoke Arts Commission, 1835 Arlington Road, S. W., Roanoke, Virginia 24015 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Susan Jennings, Arts and Culture Coordinator U IN THE C'OUNC'IL OFI I l) C'I'I'y OF ROANOIUf, VIRUINIA The 1st day of August, 2016. No. 40590 - 080116. A RESOLUTION authorizing acceptanccofa donation 01 tburlcen (14) works ()fart from the Estatc of William and Mary Jane Burtch to [Ile City ofRoanokc and aathoriiingcxcxmtlon ofany and all necessai y documents to accept the donations. BE IT RESOLVED by the Council of the City of Roanoke that The City Manager is hereby authorized on behalfofthe City to accept from the Estate of William and Mary Jane Burtch the donation to the City of Roanoke of fourteen (14) works of art created by Mrs. Burtch, valued at approximately $15,000, as more particularly set forth in the City Council Agenda Report dated August 1, 2016. 2. The City Manager is hereby authorized to execute for and on behalf of the City any and all requisite documents pertaining to the City's acceptance of the donation, such documents to be approved as to form by the City Attorney. 3. This Council wishes to express its appreciation to the Estate of William and Mary Jane Burtch for their generous donation to the City of Roanoke as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to the Estate of William and Mary Jane Burtch, expressing the City's appreciation for its donation. R- donation ofan film Ella[, of William and M,,,, aurmh (8 -I -I6, ATTEST: City Clerk. �-- CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Donation of Art for the Public Art Collection from the Estate of William and Mary Jane Burtch (CM16- 00107) Background: Jim Burtch, son of recently deceased artist Mary Jane Burtch, generously approached the Roanoke Arts Commission (RAC) about donating 14 works of art created by Ms. Burtch to the City of Roanoke. The work includes oils, monoprints, watercolors, and assemblages as Ms. Burtch was a master of many techniques. The Collections Committee of the RAC recommended the works be accepted into the City of Roanoke Art Collection and the RAC concurred. Ms. Burtch started formal training at age nine, and continued her studies as a Fine Arts Major at the Ringling School of Art in Sarasota, Florida where she won the Outstanding Student Award for three years. A City of Roanoke resident and art instructor, she was one of the founding members of the Open Studios Tour. Her work is in corporate and private collections throughout the U.S. and in European countries. Considerations: The works are currently valued at $15,000. Pursuant to City Code, when the value of a gift, grant, devise or bequest is more than five thousand dollars ($5,000.00), acceptance or rejection shall be by ordinance or resolution of the council. Recommended Action: t - Accept the donation o I of the art work from the Estate of William and Mary Jane Burtch. �.� CHRISTOPHER P. MORRILL City Manager v' Distribution: Council Appointed Officers Brian Townsend, Asst. City Manager for Community Development Barbara A. Dameron, Director of Finance Greg Webster, Chair Roanoke Arts Commission Susan Jennings, Arts and Culture Coordinator CECELIA T. W EDU, CMC August 2, 2016 nu Assisrt DeViny ('try Clerk Richard L. Walton, Jr. Chief of Policy Commonwealth of Virginia Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Walton: I am enclosing copy of Resolution No. 40591 - 080116 accepting the Virginia Department of Transportation's award to the City in the total amount of $4,176,624.00 for the Colonial Avenue Improvements project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A for the Highway Safety Improvement Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, "'`,'C� Stephanie M. Moon Reynolds, M City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney 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., PTOE, Transportation Division Manager tr� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chinch Avenue, S. W., Boom 456 Roanoke, Virginia 24011 -1536 Telephone: (5411)X53 -2541 F.— (541))853-1145 STEPHANIE M. MOON REYNOLDS, MM( E-nmil: dcrk(Oromioke...... CECELIA F. MCCOY Ci1p Clerk Ueyaly CIQ' Clerk CECELIA T. W EDU, CMC August 2, 2016 nu Assisrt DeViny ('try Clerk Richard L. Walton, Jr. Chief of Policy Commonwealth of Virginia Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Walton: I am enclosing copy of Resolution No. 40591 - 080116 accepting the Virginia Department of Transportation's award to the City in the total amount of $4,176,624.00 for the Colonial Avenue Improvements project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A for the Highway Safety Improvement Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, "'`,'C� Stephanie M. Moon Reynolds, M City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney 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., PTOE, Transportation Division Manager 1, AJ U IN'I'IIF COIINUIL OI 'I I11' CPI'1' OI; ROANOKE, VIRGINIA The 1sL day of Aug,usL, 2016. Nu. 40591 - 080116. A RESOLII "PION accepling the Virginia Department of Transportation's (VDOT) award to the City in the total amount of.$4,176,624 Iix the Colonial Avenue hmp'"CluCnts project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for Federal -aid Pmjccts and Appendix A for the Highway Salbty Improvement Program (" HSIP "); and authorizing the City Manager to take certain other actions in connection with the above matters and project. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City of Roanoke hereby accepts the VDOT award it, the total amount of $4,176,624 for the Colonial Avenue Improvements project, with a required local match of $1,037,514 from the City, for the sh-eetscape improvements consisting of new bicycle and pedestrian infrastructure, as well as intersection improvements in the vicinity of Fishburn Park Elementary School and Virginia Western Community College on Colonial Avenue from Overland Road to Winding Way Road, all as more fully set forth in the City Council Agenda Report dated August I, 2016. 2. The City Manage- is hereby authorized to execute a VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A, substantially similar to the one attached to the above mentioned City Council Agenda Report, as further set forth in such Agenda Report, Such Agreement shall be approved as to form by the City Attorney. R- ACCepr VDOT Pond- Clbllvl Ave Lmpmveine�¢s Pmgrom (8 -1 -16) 1 The City Menage- IS hereby autIIo, irul to take such further actions it CXCC.utc such lurlher documents as may be nuccssm'y to obtain, accept, implement, admioiaha, and use such funds in the total amount 01'$4,170,624 from VDOT, together with $1,037,514 in City matching funds, fm -the ¢ibove mentioned project, with any Such deellmenlS to be approved aS to form by the City Attorney. ATTEST: v �Y)- g City clerk. R- Accept VeOI Lind- Calani��l Ave Inipinveinents Pmgrem (8 -kill IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st clay of August, 2016. No. 40592- 080116. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Funds to the Colonial Avenue Improvements project, amending and reordaining certain sections of the 2016 -2017 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 -2017 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds Appropriated from Federal Grant Funds Appropriated from State Grant Funds Appropriated from Federal Grant Funds Revenues HSIP— Colonial Ave Improvements TA — Colonial Ave Improvements VDOT— Colonial Ave Improvements SS — Colonial Ave Improvements 08- 530 - 9458 -9002 $ 250,000 08 -530- 9458 -9002 458,814 08- 530 - 9458 -9007 922,810 08- 530 - 9458 -9002 2,545,000 08 -530- 9458 -9459 250,000 08- 530- 9458 -9460 458,814 08- 530 - 9458 -9458 922,810 08- 530 - 9458 -9461 2,545,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: W v \4. "0 U City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Acceptance and Appropriation of Virginia Department of Transportation (VDOT) Funds and Authorization of VDOT Agreement for the Colonial Avenue Improvements Project (CM 16- 00102) Background The Commonwealth Transportation Board (CTB) approved the latest Six -Year Improvement Program (SYIP) on June 14, 2016, which included projects that were scored and approved for full funding under the prioritization process. This new prioritization process formerly referred to as H132, is now called SMART SCALE. A total of 163 transportation projects totaling $1.7 billion statewide were approved. The approved SYIP includes $4,176,624 for the Colonial Avenue Improvements project. This amount includes Federal and State funding sources such as Highway Safety Improvement Program (HSIP), Transportation Alternatives (TA), Revenue Sharing, and SMART SCALE. The Colonial Avenue Improvements project is anticipated to cost $6,500,000 and includes streetscape improvements consisting of new bicycle and pedestrian infrastructure as well as intersection improvements in the vicinity of Fishburn Park Elementary School and Virginia Western Community College on Colonial Avenue from Overland Road to Winding Way Road. Improvements consist of installation of in -road bike lanes, addition of sidewalk to both sides of the street, improved pedestrian crossings, and intersection improvements at Overland Road, McNeil Road, and Winding Way. These roadway improvements coincide with changes proposed at Virginia Western Community College to include a new 1,000 space parking garage on the southeast side of Colonial Avenue with a net increase of 600 parking spaces and a new Science, Technology, Engineering and Mathematics (STEM) building. Considerations: Per VDOT's Standard Project Administration Agreement - Federal -aid Projects, a copy of which is attached, funding is allocated as follows: $250,000 received through HSIP - requires no local match, $458,814 through TA - requires a 20% local match of $114,704, $922,810 from Revenue Sharing - requires 50% local match of $922,810, and $2,545,000 from SMART SCALE - requires no local match. In addition to the local match requirements noted, the City will be responsible for additional funding needed to complete the project. Funding in the amount of $2,500,000 is available in account 08 -530 -9458, Colonial Avenue Improvements. Recommended Action: Accept VDOT's award of funds in the total amount of $4,176,624 for the Colonial Avenue Improvement project as set forth above; with the City providing the required local match in the amount of $1,037,514 plus additional funds as needed to complete the project. Authorize the City Manager to execute the VDOT Standard Project Administration Agreement and Appendix A similar to the one attached to this report dated August 1, 2016. Such Agreement and Appendix A shall be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the total amount of $4,176,624 together with City funds. Adopt the accompanying Budget Ordinance to establish revenue estimates for the multiple VDOT funding sources and appropriate funding in the same amount into the expenditure account 08 -530 -9458, Colonial Avenue Improvements. F,',CHRISTOPHER 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., PTOE, Transportation Division Manager STANDARD PROJECT ADMINISTRATION AGREEMENT Federal -aid Projects Rroject Number UPC Local Government UMD- 128 -R92 1 108898 1 City of Roanoke THIS AGREEMENT, made and executed in triplicate this _ day of , 20� by and between the City of Roanoke, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown is hereinafter referred to as the Project; and WHEREAS, the funds shown in Appendix A have been allocated to finance each Pmjecq and WHEREAS, the LOCALITY is committed to the development and delivery of each Project described in Appendix A in an expeditious manner; and; WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with applicable federal, state, and local law and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: The LOCALITY shall: Be responsible for all activities necessary to complete the noted phase(s) of each Project shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or slate laws and regulations or as otherwise agreed to, in writing, between the parties. Each Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards or supplementary standards approved by the DEPARTMENT b. Meet all funding obligation and expenditure timetine requirements in accordance with all applicable federal and state laws and regulations, and Commonwealth Transportation Board and DEPARTMENT policies and as identified in Appendix A to this Agreement. Noncompliance with this requirement can result in deallocation of the funding, rescinding of state funding match, termination of this Agreement, or DEPARTMENT denial of future requests to administer projects by the LOCALITY. UPC 108896 Project N 0000- 128 -R92 Locality City of Roanoke c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right -of -way acquisition and utility relocation, and construction phases of each Project. d. Administer the project(s) in accordance with guidelines applicable to Locally Administered Projects as published by the DEPARTMENT, e. Maintain accurate and complete records of each Project's development and documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT. Records and documentation for items for which reimbursement will be requested shall be maintained for no less than three (3) years following acceptance of the final voucher on each Project. I. No more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of related vendor invoices paid by the LOCALITY and an up -lo -date project summary and schedule tracking payment requests and adjustments. A request for reimbursement shall be made within 90 days after any eligible project expenses are incurred by the Locality. For federally funded projects and pursuant to 2 CFR 200.338, Remedies for Noncompliance, violations of the provision may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, federally funded Project expenditures incurred are not reimbursed by the Federal Highway Administration (FHWA), or reimbursements are required to be returned to the FHWA, or in the event the reimbursement provisions of Section 332 -348 or Section 33.1 -331 of the Code of Virginia, 1950, as amended, or other applicable provisions of federal, state, or local law or regulations require such reimbursement. It. On Projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. i. Administer the Project in accordance with all applicable federal, state, or local laws and regulations. Failure to fulfill legal obligations associated with the project may result in forfeiture of federal or state -aid reimbursements j. Provide certification by a LOCALITY official that all LOCALITY administered Project activities have been performed in accordance with all federal, state, and local laws and regulations. If the locality expends over OAG Appmve0611812m2: neyieea 2/512015 2 UPC 108896 Project # 0000.128 -R92 Locality City of Roanoke $750,000 annually in federal funding, such certification shall include a copy of the LOCALITY's single program audit in accordance with 2 CFR 200.501, Audit Requirements. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right -of -Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the project. I. For Projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. m. Ensure compliance with the provisions of Title VI of the Civil Rights Act of 1964, regulations of the United States Department of Transportation (USDOT), Presidential Executive Orders and the Code of Virginia relative to nondiscrimination. ?. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which are the responsibility of the DEPARTMENT, as required by federal and state laws and regulations or as otherwise agreed to, in writing, between the parties and provide necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. b. Upon receipt of the LOCALITY's invoices pursuant to pamgmph LC, reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share of eligible project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. 3. Appendix A identifies the funding sources for the project, phases of work to be administered by the LOCALITY, and additional project - specific requirements GAG ApproveE 611W2012, Re Isid 2/512015 3 UPC 108896 Project q 0000- 128 -R92 Locality City of Roanoke agreed to by the parties. There may be additional elements that, once identified, shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to Section 33.2-1011 of the Code of Virginia, 1950, as amended. 5. Nothing in this Agreement shall obligate the parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. In the event the cost of a Project is anticipated to exceed the allocation shown for such respective Project on Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its costs exceed the allocated amount, however the DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated pursuant to an annual or other lawful appropriation. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either parry, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between the either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, receive a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. This Agreement may be terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the date of termination shall be GAG Aparaveal 611=012: Rayisea 2/512015 UPC 108896 Project4 0000- 126 -R92 Locality City of Roanoke reimbursed in accordance with paragraphs 11, l.g., and 2.b, subject to the limitations established in this Agreement and Appendix A. Upon termination, the DEPARTMENT shall retain ownership of plans, specifications, and right of way, unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way, unless otherwise mutually agreed upon in writing. 10. Prior to any action pursuant to paragraphs Lb or Lg of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the breach of agreement provisions. Upon receipt of a notice of breach, the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. THIS AGREEMENT may be modified in writing by mutual agreement of both parties. OAG APpm 81187012. R. cal NW2015 UPC 108896 Project R 0000- 128 -R92 Locality City of Roanoke IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written. CITY OF ROANOKE, VIRGINIA: Typed or printed name of signatory Date Title Signature of Witness Date NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Chief of Policy Date Commonwealth of Virginia Department of Transportation Signature of Witness Date Attachments Appendix A (UPC 108896) 0AG AmmvM fillaft012. Rev VSQ015 ���.• oar. vrvema .�p&T —� wnnsavN.aw�.n6u muff so .�p&T —� wnnsavN.aw�.n6u Barbara White, Program Contact Virginia Department of Forestry 900 Natural Resource Drive Charlottesville, Virginia 22903 Dear Ms. White: I am enclosing a copy of Resolution No. 40593 - 080116 accepting a FY 2017 Urban and Community Forestry Grant in the amount of $16,000.00 to fund a part-time Urban Forestry Planner to work under the Urban Forester, and authorizing the execution of any required documents in connection therewith. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, (K� �ey� Stephanie M. Moon Reynolds, M City Clerk Enclosure Pam Romanello, Administrative Contact, Virginia Department of Forestry, 900 Natural Resource Drive, Charlottesville, Virginia 22903 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Michael Clark, Parks and Recreation Manager CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Rarlm 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -.61: elerkQdrom,oke.'e.g °v CECELIA N. MCCOY CrO Clerk Depot CiO Clerk August 2, 2016 CECELIA'r. ALDD, C'MC AesieM1ml Drpn1Y City Clerk Barbara White, Program Contact Virginia Department of Forestry 900 Natural Resource Drive Charlottesville, Virginia 22903 Dear Ms. White: I am enclosing a copy of Resolution No. 40593 - 080116 accepting a FY 2017 Urban and Community Forestry Grant in the amount of $16,000.00 to fund a part-time Urban Forestry Planner to work under the Urban Forester, and authorizing the execution of any required documents in connection therewith. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, (K� �ey� Stephanie M. Moon Reynolds, M City Clerk Enclosure Pam Romanello, Administrative Contact, Virginia Department of Forestry, 900 Natural Resource Drive, Charlottesville, Virginia 22903 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Michael Clark, Parks and Recreation Manager 1` S \mil IN'IIIJ:COIIN('II,OI'' I'Illi('II'YUI :ROANOIU VIR(iINIA 11i" St daY of Augrist, 20tb. No. 40593 -080116. A b l!SOLI1'I'JON ucucpling a I Y 2017 Urban and Cnnununity Poresuy Gran( to fund n parf time Urban forestry Planner (o work under (he llrhan IoIC5IC, and authorising the cxccu( 011 ofany required d0CLlmen(5 in connection (herewith, upon certain terms and conditions. Ill: fl" RIiSOI,Vlq) by the Council Ill tile City of Roanoke that: 'fhc City of Roanoke hereby accepts (hc FY 2017 Urban and Community Forestry Grant in the amount of $16,000, with a $14,302 local match G-om the City, and 750 hours of in -kind volunteer work by the Roanoke'litee Stewards, to fetid various projects, as more particultu ly set forth in the City Council Agenda Report dated August 1, 2016. 2. 'I "he Cily Manager is hercbyaithmized toexecute,and the City Clerk is authorized to attest, a Memorandum of Understanding attached to the City Council Agenda Reportdated August 1, 2016, and any other documents necessary to accept and implement such grant, as more particularly set forth in the City Council Agenda Report dated August 1, 2016, such documents to be approved as W 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. Ib Urban end Comnuunry Poruny Grnnis FV]OlZdoc (A�TTE�SjT: I nI City Clerk. (5( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of August, 2016. No. 40594- 080116. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2016 -2017 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 2016 -2017 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 ($13,286) FICA 01- 620- 4340 -1120 (1,016) Transfer to Grant Fund 01- 250 - 9310 -9535 14,302 Grant Fund Appropriations Regular Employee Salaries 35- 620- 4380 -1002 21,414 City Retirement 35- 620 - 4380 -1105 3,385 401 Health Savings Match 35- 620- 4380 -1117 209 FICA 35- 620 - 4380 -1120 1,638 Medical Insurance 35- 620 - 4380 -1125 3,024 Dental Insurance 35- 620 - 4380 -1126 351 Life Insurance 35- 620 - 4380 -1130 281 Revenues Urban Forestry Grant FY17 - Federal 35- 620- 4380 -4380 16,000 Urban Forestry Grant FY17 — Local Match 35- 620 - 4381 -4381 14,302 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: -tyCi v City Clerk. V CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: FYI Urban and Community Forestry Grant Acceptance Background: For the fifteenth 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 6/21/16 notifying the Urban Forestry Coordinator that $16,000 would be awarded upon completion of the Memorandum of Agreement (MOA). These funds require a match of $12,931 from the City and 750 hours of in -kind volunteer work by the Roanoke Tree Stewards (for a value of $17,303). To maintain the Urban Forestry Planner position at current salary and benefit levels, the City of Roanoke must provide an additional $1,371 in match funding, for a total match of $14,302. The grant will be used to (1) revise the Parks Maintenance & Operations Plan, (2) select riparian planting sites, (3) examine the benefits of tree canopy planted or preserved for stormwater fee credits, (4) manage the Commemorative Tree Program, and (5) 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 any required grant agreements to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $16,000, transfer local match funding of $14,302 from the Parks and Recreation budget, and appropriate 530,302 into accounts to be established in the Grant Fund by the Director of Finance. - -- -- N r11J t I Christopher Morrill City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager Barbara Dameron, Director of Finance Michael Clark, Parks and Recreation Manager U &CF Assistance Grant Program Memorandum of Agreement Grant # 16UCF05 This agreement made this 21' day of June, 2016 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 Part ". 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 terms listed below. (2) SCOPE OF SERVICES The Party of the Second Part shall provide the service to the Party of the First Part 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 21, 2016 and shall terminate on June 15, 2017. 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 Party of the Second Part shall be paid $16,000.00 by the Party of the First Part 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). (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 200.458 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 Parry of the First Pan 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 Part 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 Party 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. 2017 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. (1l) TERMINATION• The Party of the First Pan 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 Part specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty 60 days of receipt of the written notice, the Parry 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 part 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 Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will slate 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 Part 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 Part 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 /araiits default/ Cost Principles can be located at: h>h> p : / /sooaccess.eov /efr /index.himl. Forms can be found at htto' / /www ocio usda ( =ov /forms /ocio forms html or htto: / /seareh.usda.eov (19) PERFORMANCE REPORTS: The Parry of the Second Part agrees to provide the Party of the First Part 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 Form 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 (20) PRINCIPAL CONTACTS: In witness whereof the parties have caused this agreement to be executed by the following duly 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, Zi.p Charlottesville, VA 22903 City, State, Zip Charlottesville, VA 22903 Phone 434 - 220 -9041 Phone 434 - 220 -9050 Email Barbara.white dofvir inia. ov Email Pam.romaello dof.vir inia. ov In witness whereof the parties have caused this agreement to be executed by the following duly 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. B. 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; reason(s) for delay if established goals were not met; additional pertinent information pertaining to the grant. J. 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 (ED) 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. 'In accordance with Federal law and U.S. Department afAgriculture policy, this institution is prohibitedfrom 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 USES 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: http: / /www.cer.gov. (ii) Requirement ofData Universal Numbering System (DUNS) Number- no entity may receive a sub - award unless the entity can provide a DUNS number. (DUNS current internet site: http: / /fedgov.dnb.coin /webform) T. Members of Congress: Pursuant to 41 U.S.C. 22, no United States member of, or United States delegate to, 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 I, 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 DOF 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: I. 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 forms must be used when requesting reimbursement I. 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 2016 Urban and Community Forestry Assistance Grants Revised BUDGET WORKSHEET of Roanoke Project Name: Revision of Parks Maintenance & Operations Plan; Water Quality Efforts Grant Number: 16UCF05 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 @ $20.59/hr 11,305.00 10,105.00 21,410.00 Urban Forestry Planner - Fringe Benefits: 41.53% 4,695.00 1 4,197.00 8,892.00 Volunteer Tree Stewards: 750 hrs @ $23.07/hr 17,303.00 17,303.00 TOTAL 1 16,000.00 14,302.00 17,303.00 - 47,605.00 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 2016 -2017 grants, $23.56 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. OMB Approval No. 0340 -0043 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier PROPOSALp FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION 1 3. DATE RECEIVED BY State Application Identifier Application Pre- application STATE 16UCFOS ❑Construction ❑Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier x Non - Construction x Non - Construction 5. Legal Name. City of Roanoke, Virginia Organizational Unit: Address (give city, county, state, and zip code) 215 Church Avenue, Room 303, Roanoke, VA 24011 Name and telephone number of the person to be contacted on matters involving this application (give area code) Daniel J. Henry 540-853 -1994 EMPLOYER IDENTIFICATION NUMBER (Eli 7. TYPE OF APPLICANT: C (enter appropriate letter in box) A. State H. Independent School Dist B. County 1. State Controlled Inst of Higher 5 1 4 6 1 0 1 0 1 5 6 9 Learning C. Municipal J. Private University 8, TYPE OF APPLICATION. �X New ❑ Continuation ❑ Revision 0. Township K. Indian Tribe E. Interstate L. Individual If Revision, enter appropriate letters) in box(es). ❑ 1-1 F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify): A. Increase Award B. Decrease Award O Increase Duration 9. NAME OF FEDERAL AGENCY: D. Decrease Duration Other (specify): USDA Forest Service 10. CATALOG OF FEDERAL 1 0 • 6 6 4 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: DOMESTIC ASSISTANCE NO. TITLE: Cooperative Forestry Revision of Parks Maintenance & Operations Plan; Water Quality Efforts 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.) City of Roanoke, Virginia 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant 6 b. Priced June 21, 2016 June 15, 2017 15. ESTIMATED FUNDING: 16. ISAPPLIGIT SLWCrTO�WB AME)G VCUMORDERIMPROCE.SS'I it YES TLSPREAFRaIICN'PFPJCATICNW/SM AVALABETOTFE STATEElEQ1M ECFDERIMPRCCESSFORREVEVJCN DATE a. Federal $ 16,000 .00 b. Applicant $ 14,302 .00 c. State $ .00 b. NO PROGRAv16NDTOCIvEEDWED 1M d. Local $ 00 e. Other (volunteer $ 17,303 .00 hours ❑ CRPR0G RM4WSNO1­F ¢8JSElECI®BYSTATi 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? OYes If "Yes , "started an explanation O No f. Program Income $ _00 g. TOTAL $ 47,605 .00 18. TOIIEBESr CFMY1010iyLEDCE MDBEI U,,AI TAWTiSAPRJCATIGiPFE0PPL1G1110 TfiEADOUR ..THE DOQh HAS BEEN DILLY AIMIDFWMEYTFEGO43 NNGBODYIJ AFRJ(JMMDTFEAPPl1COMWILCQh YVMTFEATTAf ASSI.NONCFSFTIEASSSTMI ISMAfmFA a. Typed Name of Authorized Representative: b. Title: City Manager c. Telephone Number: 540- 853 -2333 Christopher P. Monili e. Date Signed'. d. Signature of Authorized Representative'. Previous Editions Not Usable Authorized for Local Reproduction Standard Form 424 (REV 7 -97) Prascribed by OMB Circular A -102 OMB Approval No. 0368 4003 Authorized for Local Reproduction OMB Approval No. 034"040 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 dulv authorized representative of the applicant I certify that the applicant (e) the Drug Abuse Office and Treatment Act of 1972 I. 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 drug abuse; (t) the Comprehensive (including funds 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 1 Will give the awarding agency, the Comptroller General and 290 ee -3), as amended, relating to confidentiality of of the United States, and if appropriate, the State, 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; (I) any other accounting system in accordance with generally accepted nondiscrimination provisions in the specific staime(s) accounting standards or agency directives. under which application for Federal assistance is being made; and Q) the requirements of any other 3. Will establish safeguards to prohibit employees from nondiscrimination statme(s) 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. Will comply with the Intergovernmental Personnel Act of 1970 (42 UB.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 15 C.F.R. 900, Subpart U. 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI ofthe 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; (c) 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 me funded in whole or in part with State funds. 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. § 276c and 18 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(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazsrd area to participate in Standard Form 4248 (7 -07) Prescribed by OMB Cn alorA -102 Authorized for Local Reproduction the program and to purchase flood insurance if the total cost of insurable construction and acquisition of S 10,000 or more. Will comply with environmental standards which may be 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 (EO) 1 1514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood harards in floodplains in accordance with TO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 at seq.); (f) 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 et seq.); (g) protection of underground sources of drinking water under the Safe 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). 11 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 at 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), EO 11593 (identification and protection of historic properties), and the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et see.). 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 ofassistance. 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, teaching, 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 at seq.) which prohibits the use of lead based paint in construction or rehabilitation oftesidence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, 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 424B (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 ofthe January 30, 1989, Federal Register (pages 4722 - 4733). Copies offs, regulations may be 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, State 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 application /proposal had one or more public transactions (Federal, State 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 of Roanoke Virginia 16UCF05 Organization Name PR/Award Number of Project Name Christopher P. Morrill City Manager Name and Title of Authorized Representative Date Form AD -1047 (1/92) INSTRUCTIONS FOR CERTIFICATION I. 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. The 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 furnish a certification or an explanation shall disqualify such person from participation in the transaction. 3. The 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 leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "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 of those 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, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. 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. 8. 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 eerlification 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 of business 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 Government, the department or agency may terminate this transaction for cause or default. Form AD -1047 (1192) OMB APPROVAL NO 0991.0002 U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS (GRANTS) ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS _— ._- - -_. _ This certification is required by the regulations implementing Sections 5751 -5160, of the Drug -Free Workplace Act of 1986 (Pub. L. 100 -690, Title 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 Register (pages 21681- 21691). Copies of the regulations may be obtained by conlacfing the Department of Agriculture agency offering the grant (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) Alternative 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 penalties 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, title, 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 (f). I -i Form AD -1049 (REV 5/90) Microsoft Wore 2000 B The grantee may need in the space provided below IM sites) for the performance of work done In connection with the spoons grant Place of Performance (Street address, city, county, State, zip code) Roanoke Department or Parks and Recreation 1802 Courband Rd NE, Suite 120 Roanoke, VA 24012 Check if there are workplaces on file that are not identlried here City of Roanoke, Virginia 16UCF05 — Organization _ Award Numberor Project Name - -- Christopher R fil ll, City Manager Name and Title of Authorized Representative Signature __. __.. _...__._. Date____. ._.._. ___._ _...... _._. Instructions for Certification 1 By signing and of bmilkng ties forml the grandee is providing Me cartircedon set aid on pages 1 and 2 2 The Mai ical set out on pages 1 and 2 Is a moaned representation of fact upon eMich reliance is placed when Me agency awards Me gram If it is later determined that the grantee knowingly rendered a false certification . or olhentime violates the requirements pill Dmg -Free Workplace Act, Me agency, in addition to any other remedies available to Me Federal Government may lake action authorized under the Dmg -Free Workplace Ad. 3. Workplaces under Wants, far grantees other Man Individuals, need not be WentirRd on the certification. Il know, they maybe Identified lo the grant applicallon. If the grantee does not Identify the workplaces at the time of application, or upon award, If Mere is M application, the grantee must keep Me Identity of the workplaces) on file in Its chat antl make Mee Infamlallon available for Federal Inspection Failure W Identify 30 known workplaces constitutes a violation of the grantee's drug -bee war lace requirements. 4 workplace idenli0eatlons mush Irmlude the actual address of bulklmgs (or pads of bu Wings) or other shes where work under the grant takes place Categorical description may be used (e g.. all vehicles of a mass lmnst aulhoflly or State highway department while in operation, Slate employees In each Ideal unemployment office, pedolnRrs In concen halls or radio studios) 5. If Me workplace Identified to the agency changes during the performance of the grant the Warime shall Inform Me agency of the changelsl. if II previously Ideal the workplaces In qualified (see paragraph three). 6. Defintlions of terms In the Nommucnemenl Suspanslon and Debarment common rut and Doug- Free Workplace common Me apply to this cerificalion Grenlees' atlenllon Is calktl. In particular, to the following definitions from these rules "Controlled substance means a controlled substance In Sclleduks I reboil V of the Controlled Substances Act (21 US C. 812) and as further darned by regWation (21 CFR 130911 through 130915). "Convicted" means a finding of gold orouding a plea of note contendere) or imposlllon of sentence, or both, by any Judicial body charged! with Me responiabllly to determine vioWtlons of the Federal or State cdmWal drug statures. "Criminal drug statute" means a Federal or non Federal criminal statute Involving the manufacture, distributed, dispensing, use w possession of any controlled substance, "Employee" means Me employee are grantee i irectiy engaged In the performance of work orders grant, inducting. (i) all "direct charge" employees. (ii) all'' ndiract charge' employees unless their Mpact or much ement Is Insignificant to the performance of Ire grant. and, (ti) temporary personnel and consultants who are directly engaged W Me performance of work under the grant and who are on the gfantee's payroll. This definhlan does not include warders not on the payroll of the grantee (a . g., volunteers, even t sued to meal a mulching requlremenC consW ants or Imkpendent cmdrsdors not on the grantee's payroll employees of subrecipknls or subcontractors In covered! workplaces). 1 -2 Form AD -1049 (REV 5190) Form W -9 Request for Taxpayer Identification j;.' "' commonw.anh of Virginia subswme w -g Form Number and Certification 4 '."+` Revised July 2014 Social Security Number(SSN) Please select the a pp ropriate Taxpayer l de ratification No in ber(E I N or SSN) type a nd enter your 9 digit ID number . The El or SSN provided must match the name given rX Employer Identification Number (EIN) 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 party. Dunn & Bradstreet Universal Numbering System (DUNS) (see instructions) Legal Name: City of Roanoke, Virginia City of Roanoke, Virginia Y 9 0 0 6 7 0 4 3 1 6 --- -- - - -- Business Name: Entity Type Entity Classification Exemptions (see instructions) C .mf: 0 Individual 0 Corporation O Professional Services ❑Medical Services Exempt payee code _ _ (If any): 3 K 10— Sole Proprietorship F5 S- Corporation 10 Political Subdivision F0 Legal Services d. (from backup withholding) _ rp Partnership Ili C- Corporation _ '❑ Real Estate Agent O loin[ Venture `a 6 r 10 Trust ! 0 Disregarded Entity IR VA Local Government X10 Tax Exempt Organization Exemption from FATCA reporting X code (if any): F iO Estate O Limited Liability Company I❑ Federal Government 00TH Government r4 C F 14 Government 10 Partnership O VA State Agency r0 Other D , to P Non -Profit -0 Corporation Contact Information Legal Address: 215 Church Avenue 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 Avenue Fax Number: 540 853 -5451 Mobile Phone: 540 537 -5115 Alternate Phone: city: Roanoke State: VA Zip Code: 24011 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and O 2. lam not subject to backup withholding because'. (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue — Service (IRS) that I 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 I am al no longe rsubjecttobackupwithholding ,and 3. lam a U.S. citizen or other US, person (defined later In general instructions), and V4. The FATCA codes) entered on this form (if any) indicating that l am exempt from FATCA reporting is correct. N Certification instructions: you must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not 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 PrntedName: hristopher P. Morrill Authorized D.S. signature: I Date: Commonwealth of Virginia Substitute W -9 Form Instructions General Instructions Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may Section references are to the Internal Revenue Code use the terms of a tax treaty to 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.pov 1w9. 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 are a U.S. exempt payee. If applicable, you are also certifying that as a LLS. person, your allocable share of any partnership income from a 11S, trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) 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 U.S. person If you are: • An Individual who Is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or If you are a 11S, resident alien 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 ofthb U.S.-Chino income tax treaty allows on exemption from tax for scholarship income received by a Chinese student temporarily present in the United States, Under U.S. 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.S. -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 scholarship or fel lowsha Income would attach to Form W -9 a statement that Includes the information described above to support that exemption, association created or organized in the United If you are a nonresident alien or a foreign entity, States or under the laws of the United States, give the requesterthe 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 301.7701 - 7). certain payments to you must under certain Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W -9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities), conditions withhold and pay to the IRS a percentage of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include Interest, tax- exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain 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 TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. 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 Requestor of Form W -9 for more information. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester 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 -9 if the name or TIN changes for the account, for example, If the grantor of a gra mor hu st dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no Commonwealth of Virginia Substitute W -9 Form Instructions reasonable basis that results in no backup your [TIN (IRS Individual Taxpayer Identification "doing business as IDEA)" name on the "Business withholding, you are subject to a$500 penalty. Number). Name " line. Criminal penalty for falsifying information. Willfully d. If you are a Sole Proprietor, check the "Social Partnership. A partnership is an entity reflecting Security Number (SSN)" box and enter the SSN Of relationship existing between two or more persons falsifying certifications or affirmations may subject the sole proprietor p g P trade you to criminal Penalties'mdudingfinesantl /or who join to carry y'aameonrhe business, gal Name" imprisonment. e. if you area Single Member LLC that is partnerships enti ty's nameon[he "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 ISSN)" 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 o civil and criminal penal ties. status is "disregarded entity ". If an LLC has two (DBA) name on the "BUSi ness Na me" line, Specific Instructions owners, the LLC's defau It tax status is "partnership ". p If an LLC has elected to be taxed as a corporation, it Trust. A legal entity that acts as fiduciary, agent or must file IRS Form 2553 IS Corporation) or IRS Form trustee on behalf of a person or business entity for Section 3 - Taxpayer Identification 8832 (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 resident alien and you do not Bradstreet Universal Numbering System (DUNS), If Name" Ilne. have and /orare not eligible to get an SSN, your TIN applicable. See number requirement below. is your IRS individual taxpayer identification number Estate. separate legal entity created under state Dunn and Bradstreet Universal Numbering System law solell y to transfer property from one party to (ITIN). 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 ITl N, see How to get a TIN Office of Management and Budget (OMB)r,comes the grantor and the beneficiaries Enter the name bi all vendors that receive federal grant funds have of the legal entity on the "Legal Name" line. Howtogeta TlN. Ifyoudonothavea Tl N,apply their DUNS number recorded with and for one immediately. TO apply for an SSN, get Form subsequently re ported to the granting agency, If Government The Government f aState, , any State, any P 55-5, Application for a Social Security Card, from contractor has multiple DUNS numbers the Political Subdivision of any State, any Agency or your local Social Security Administration office, Get contractor should provide the primary number Instrumentality of a State or of Political listed with the Federal government's Central Subdivision of a State. Form W -], Application for IRS Individual Taxpayer g Identification Number, to apply for an THIN or Form Contractor Registration (CCR) at www.ccr.gov, Any Non - Profit. An organization that is organized and SS -4, 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 FIN. you can get Forms W- for one on -line at htto: / /www.dnb.com /us /under of its earnings may inure to any private shareholder ]and SS-4 from the IRS by calling 1-800-TAX FORM the DNB Di 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.gov. generally enter the name shown on your social single body with Its own powers and liabilities, security card. However, if you have changed your separate from those of the individual members. last name, for instance, due to marriage without Enter the entity's name on the "Legal Name" line informing the Social Security Administration of the and any trade or "doing business as(DBA) "name on name change, enter your first name, the last name the "Business Name" line. shown on your social security card, and your new S- Corporation. A Corporation that istaxed like lastname if the account is in joint names, list first partnership: a corporation in which five or fewer and then cirrc[e the name of the person or entity people own at least half the stock. Enter the whose number you enter in Part I of the form. If you entity's name on the "Legal Name" line and any are using a name other than that which is listed on trade or "doing business as (DBA)" name on the a Social Security Card, please enter the legal entity "Business Name" line. name as filed with the IRS. In general, enter the name shown on your income tax return. Donor C-Corporation. A business that is taxed as a enter a Disregarded Entity Name on this line separate entity: a business taxed under Subchapter C of the Internal Revenue Code and legally distinct Business Name. Business, Disregarded Entity, from its owners. Enter the thirty's name on the trade, or DBA( "doing business as") name. "Legal Name" line and any trade or "doing business Entity Type. Select the appropriate entity type as( DBA) "name on the 'Business Name" line. Individual. If you are an Individual, you must Limited liability Company(LUC). An LLC with at least generally enter the name shown on your income tax two members is classified as a partnership for return. federal income tax purposes unless it files Form Sole proprietor. Enter your individual name as 8832 and affirmatively elects to be treated as a shown on your social security card on the "Legal corporation. Enter the name of the partnership or Name" line. you may enter your business, trade, or corporation. An LLC with only one member is treated as an entry disregarded as separate from its owner for Income tax purposes (but as a separate 2 If you do not have a TIN, apply for a TIN immediately, write "Applied For " 'm 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 subject to 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 far o TIN or that you intend to apply for one soon. Enter the TIN which coincides with the'Legal Name'provided on the/orm. a. If you are an individual, check the "Social Security Number (SSN)" box and enter the SSN. b. If you are a Grantor or Revocable Trust, check the "Social Security Number (SSN)" box and enter the SSN of the Grantor. c If you area Resident Allen, check the "Social Security Number (SSN)" box and enter your SSN or 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 owner's name on the "Legal Name" line. Caution. A disregarded domestic entity that has a foreign owner must use the appropriate Form W -8. Entity Classification. Select the appropriate classification 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 www.lrs.gov. Exemptions If you are exempt from backup withholding and /or FATCA reporting, enter in the Exemptions box, any code(sl that may apply to you. See Exempt payee 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 A- An organization exempt from tax under section register in the United States, the District of 503(a) or any individual retirement plan as defined Columbia, or a possession of the United States in section 7701(a)(37) 7- A futures commission merchant registered with B The United States or any of its agencies or the Commodity Futures Trading Commission instrumentalities 8- Areal estate investment trust C -A state, the District of Columbia, a possession of 9 -An entity registered at all times during the tax the United States, or any of their political year under the Investment Company Act of 1940 subdivisions or Instrumentalities 10- Acommon trust fund operated bya bank under D- A corporation the stock of which is regularly section 584(a) 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)(1) community as a nominee or custodian E- A corporation that is a member of the same 13- A trust exe met from tax a nd at section 664 or expanded affiliated group as a corporation descri bed in secret n 4947. described in Reg. section 1.1472- 1(c)(1)(i) transactions and F- A dealer in securities, commodities, or derivative The following chart shows types of payments that financial Instruments (including notional principal maybe The chart futures, forwards, and options that is contracts, I to the exempt payees above applies to the exempt payees listed above,) registered as such under the laws of the United through 13. States or any state ' G - A real estate investment trust IF the WYmen is foc.. THEN the payment is exempt far.. Interest and dividend All exempt payees except fur payments Boker transactions Exempt payees 1 through 4 and6 through 11 and all C corporations. 5 corporations must not enter an exempt payee code because they e exempt only for sales of ered securities acquired prnc ior to 2012. Barterexchange Exemlrt payees l through I transactions and patronage dividends Payments over $600 Generally, exempt payees required to be reported through 52 and direct sales over ' Payments made In Exempt payees l though 4 settlement or payment card or third path network(ransactions Note. if you are exemptfrom backup withholding, See Farm 1099- MISC, Miscellaneous income, and you should still complete this form to avoid possible its instructions . erroneous backup withholding. 'However, the following payments made to a The following codes identify payees that are exempt corporation and reportable on Form 1099 -MISC are from backup withholding: not exempt from backup withholding: medical and 1 -An organization exempt from tax under section health care payments, attorneys fees, grass 501(a), any IRA, or a custodial account under proceeds paid to an attorney, and payments for section 403(b)(7) If the 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 3 - A state, the District of Columbia, a possession of the United States, or any of their political subdivisions, or instrumentalities 4 - A foreign government or any of Its political subdivisions, agencies, or Instrumentalities 5 - A corporation from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. 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 I - A common trust fund as defined in section 584(a) 1- A bank as defined in section 581 K - A broker 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(b) 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 16UCF05 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. htto: / /www.house. eov/ State Representatives District Number httv//conview state.va.us/whosm nsf /main ?o enform Delegate Christopher Head 17 Delegate Sam Rasoul 11 State Senators District Number http.Yapps.lis .vir inia. ov /sfbl /Senate /Tele honeListas x Senator John S. Edwards 21 US Senators Senator Timothy Kaine Senator Mark R. Warner US Congressman District Number Congressman Bob Goodlatte 6 CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church Avenue, S. W., Room 456 Ronnokc, Virginia 24011 -1536 7 elvphn te: (54(1)X5 }2541 Fnn: (540)8.53 -1145 STEPHANIE M. MOON REVNOLDA, MM( E -moil: clerk(nA onnoker n.euv CE('ELIA F. MCCOY Cit, Clerk Depuly City Clerk CECELIA l'. W EBB, CIVIC August 2, 2016 Assutnut Depuly City Clerk Timothy Bradshaw, Executive Director Roanoke - Blacksburg Regional Airport 5202 Aviation Drive, N.W. Roanoke, Virginia 24012 Dear Mr. Bradshaw: I am enclosing a copy of Ordinance No. 40595 - 080116 authorizing the City Manager to enter into an agreement by and between the City of Roanoke, the Roanoke Regional Airport Commission on behalf of the Roanoke - Blacksburg Regional Airport Police /Public Safety Department to clarify criminal investigation responsibilities and extend Airport Police authority to adjacent highways. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, ktLl . Stephanie M. Moon Reynol MC City Clerk Enclosure c: Ben Cook, Director of Public Safety, Roanoke - Blacksburg Regional Airport, 5202 Aviation Drive, N.W., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Timothy S. Jones, Chief of Police J-45 IN T11H COUNCIL OE TI Ili ('['I 'Y OP ROANOKII, VIRGINIA the 1st day of August, 2016. No. 40595- 0801t6. AN ORDINANC'I', authori-ring the City Manager to ell let into an agreement by and between the City of Roanoke, the Roanoke Regional Airport Commission on hchalf of the Roanoke- Blacksburg Regional Airport Police /Public Safety Department to clarify criminal investigation responsibilities and extend Airport Police authority to adjacent highways, upon certain terms and conditions, and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that The City Manage and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in a form approved by the City Attorney, an agreement by and between the City of Roanoke, the Roanoke Regional Airport Commission on behalf of the Roanoke - Blacksburg Regional Airport Police /Public Safety Department, to clarify criminal investigation responsibilities and extend Airport Police authority to adjacent highways upon such ternis and conditions, and as are more particularly described in the City Council Agenda Report dated August 1, 2016. 2. Pursuant to Section 12, Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: I City Clerk. O- AoohorlZe Agreemenj re Police nod All,,, , Q) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: Authorization to Enter into an Agreement between the City of Roanoke and the Roanoke - Blacksburg Regional Airport to Clarify Criminal Investigation Responsibilities and Extend Airport Police Department Authority to Adjacent Highways. (CM 16- 00100) Background: The Roanoke Police Department (RPD) and the Roanoke - Blacksburg Regional Airport/Public Safety Department (APD), currently have mutual jurisdiction on airport property within the City of Roanoke. The APD, as a private police department is required by § 9.1 -101 of the Code of Virginia, 1950 as amended, through the Roanoke Regional Airport Commission, to enter into a memorandum of understanding with the City of Roanoke to address the duties and responsibilities of the APD, a private police department, and the City's chief law- enforcement officer, including without limitation, in the conduct of serious criminal investigations on Roanoke - Blacksburg Regional Airport Property, as articulated in the attached MOU. Considerations Under the MOU, the RPD will provide, upon request from the APD, at no cost, those personnel, equipment and materials necessary when needed, pursuant to the attached MOU, in the investigation of any event occurring on property owned, leased or controlled by the Roanoke Regional Airport Commission or contiguous property as identified herein, that may require specialized investigative knowledge and /or skills, lengthy or complex follow up investigations, extensive access to Virginia Criminal Information Network (VCIN) or would require APD personnel or equipment to be sent off property, or for any incident or event where Police Department personnel and \or assets would be of benefit to the Roanoke Regional Airport Commission on behalf of the APD. The MOU may be terminated by either party, with or without cause. Termination is effective ten (10) working days after notice is received by the other party. The Roanoke Regional Airport Commission, located at 5202 Aviation Drive, Roanoke, Virginia 24012, owns, leases, or controls property contiguous to The Roanoke Regional Airport Commission, located at 5202 Aviation Drive, Roanoke, Virginia 24012, owns, leases, or controls property contiguous to certain highways as defined in section 33.2 -100 of the Code of Virginia, including, without limitation, certain interstate highways, secondary highways, state highways, secondary state highways, roadways, streets, and roads (hereinafter jointly and severally referred to as "Highways "), the APD as a private police department shall have its authority extended to all Highways that are adjacent to airport property. Recommended Action: Authorize the City Manager, or his designee, to execute the proposed agreement, substantially similar in form to the agreement attached to this report as Exhibit A, with Roanoke - Blacksburg Regional Airport. Such agreement, or other documents to administer the MOU, shall be approved as to form by the City Attorney. Christ&Ver P. Morrill City Manager Attachment - Exhibit A Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Barbara A. Dameron, Director of Finance Timothy S. Jones, Chief of Police MEMORANDUM OF UNDERSTANDING BETWEEN THE ROANOKE CITY POLICE DEPARTMENT AND THE ROANOKE- BLACKSBURG REGIONAL AIRPORT POLICE \PUBLIC SAFETY DEPARTMENT THIS MEMORANDUM OF UNDERSTANDING made and entered into this day of , 2016, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Police Department," and the Roanoke Regional Airport Commission on behalf of the Roanoke - Blacksburg Regional Airport Police \Public Safety Department hereinafter referred to as "APD ". WHEREAS, a private police department means any police department, other than a department that employs police agents under the provisions of § 56 -353, Code of Virginia, that employs private police officers operated by an entity authorized by statute or an act of assembly to establish a private police department. WHEREAS, the authority of a private police department shall be limited to real property owned, leased, or controlled by the entity and, if approved by the local chief of police, any contiguous property; such authority shall not supersede the authority, duties, or jurisdiction vested by law with the local police department including as provided in § 15.2 -1704 Code of Virginia. WHEREAS, the APD, as a private police department, wishes and is required by § 9.1 -101 of the Code of Virginia, through the Commission to enter into a memorandum of understanding with the Chief of Police who is the chief local law - enforcement officer that addresses the duties and responsibilities of the APD, a private police department, and the chief law- enforcement officer, including without limitation, in the conduct of specified criminal investigations articulated in this MOU. WHEREAS, the Roanoke Regional Airport Commission, located at 5202 Aviation Drive, Roanoke, Virginia 24012, owns, leases, or controls property contiguous to Page 1 of 7 certain highways as defined in section 33.2 -100 of the Code of Virginia, including, without limitation, certain interstate highways, secondary highways, state highways, secondary state highways, roadways, streets, and roads (hereinafter jointly and severally referred to as "Highways "), and APD has requested approval from the Police Department for extension of APD's private police department authority to all such Highways. Accordingly, the Police Department's Chief of Police hereby approves the extension of APD's private police department authority to all such Highways, which are contiguous to Commission property, and for purposes of this MOU, such Highways shall be considered the same as property owned, leased, or controlled by the Roanoke Regional Airport Commission. WHEREAS, the Police Department and the Commission on behalf of the APD, agrees pursuant to § 23 -234, Code of Virginia, for the use of Police Department personnel, equipment and materials when needed in the investigation of any felony criminal sexual assault enumerated in§ 18.2- 67.5:2 subsection B and § 18.2- 67.5:3 subsection B, Code of Virginia 1950 as amended. WHEREAS, the Police Department and the Roanoke Regional Airport Commission on behalf of the APD agree, for the use of Police Department personnel, equipment and materials when needed in the investigation of any criminal offense that is expected to involve a lengthy or complex follow -up investigation, any investigation that would require specialized investigative knowledge or skills, any investigation that would require extensive VCIN queries, any investigation that would require Commission assets be deployed off of Commission property, or for any incident or event where Police Department personnel and \or assets would be of benefit to the Roanoke Regional Airport Commission on behalf of the APD. All other investigations will be conducted by the APD which will function as the primary investigative entity for criminal offenses occurring on property owned, leased, or controlled by the Roanoke Regional Airport Commission. WHEREAS, § 9.1 -101, § 15.2 -1726, § 15.2 -1730 and § 15.2 -1736 Code of Virginia enumerate the provisions for cooperation in the furnishing of police services, the Police Department and Roanoke Regional Airport Commission on behalf of APD , Page 2 of 7 agree to enter into a Memorandum of Understanding pursuant to § 9.1 -101, § 23 -234, § 15.2 -1726, § 15.2 -1730 and § 15.2 -1736 of the Code of Virginia to include the following provisions enumerated in this Memorandum of Understanding. NOW THEREFORE, for and in consideration of the undertakings of the parties to this Memorandum of Understanding, hereinafter referred to as "MOU ", the Police Department and the Roanoke Regional Airport Commission on behalf of APD a covenant and agree, each with the other as follows: Whereas Clauses Incorporated by Reference: The above whereas clauses are hereby incorporated by reference herein and made a part of this MOU. Definitions: As used in this Agreement, the following words and phrases shall have the following meanings ascribed to them in this section: The words "Police Department" shall mean the Roanoke City Police Department, Virginia. The words "APD", "Private Police Department' and "Airport Police" shall mean the Roanoke Regional Airport Commission on behalf of the Roanoke - Blacksburg Regional Airport Police \Public Safety Department. The term "incident' shall mean any event, including investigation of any felony or misdemeanor, on property owned, leased, or controlled by the Roanoke Regional Airport Commission or contiguous property as identified herein Gender: Any word importing the masculine gender used in the MOU may extend to and be applied to females as well as to males. Response to Incidents: The Airport Police shall have the responsibility for first response to incidents occurring on property owned, leased, or controlled by the Roanoke Regional Airport Commission or contiguous property as identified herein. Reporting to the Commonwealth Attorney: In the event that the Police Department investigates any felony criminal sexual assault enumerated in §18.2- Page 3 of 7 67.5:2 subsection B and §18.2- 67.5:3 subsection B, Code of Virginia, the Police Department will notify the local attorney for the Commonwealth of such investigation within 48 hours of the beginning such investigation. Use of Personnel and Equipment: The Police Department will provide, upon request from the Airport Police, at no cost, those personnel, the equipment and materials necessary when needed, pursuant to this MOU, in the investigation of any event occurring on property owned, leased or controlled by the Roanoke Regional Airport Commission or contiguous property as identified herein, that may require specialized investigative knowledge and /or skills, lengthy or complex follow up investigations, extensive VCIN access or would require APD personnel or equipment to be sent off property, or for any incident or event where Police Department personnel and \or assets would be of benefit to the Roanoke Regional Airport Commission on behalf of the APD. Documentation: The Police Department, when requested pursuant to this MOU, will use Police Department reports and forms to document any investigation pursuant to the MOU. The Police Department shall maintain dominion and control over any and all reports or forms associated with any investigation conducted by Police Department personnel. The Police Department shall be responsible, pursuant to §19.2 -390, Code of Virginia, for reporting any arrest made in conjunction with any felony criminal sexual assault enumerated in§ 18.2- 67.5:2 subsection B and §18.2- 67.5:3 subsection B, Code of Virginia. The APD shall be responsible to report to the Police Department any crime committed on property owned, leased, or controlled by the Roanoke Regional Airport Commission. For incidents identified as having reportable information according to IBR, APD shall coordinate with the Police Department on the Police Department's transfer of this information to the State Police as APD does not currently hold VCIN status as a reporting agency. Any information so relayed will be entered by the Police Department under APD's ORI, when APD's ORI is assigned. Page 4 of 7 Pursuant to §19.2 -390 of the Code of Virginia, the Police Department shall be responsible for reporting any arrest made in conjunction with any felony criminal sexual assault enumerated in §18.2- 67.5:2(8) or §18.2- 67.5:3(8) of the Code of Virginia occurring on property owned, leased, or controlled by the Roanoke Regional Airport Commission or contiguous property as defined herein. Command Protocol: When Airport Police request Police Department assistance pursuant to this MOU the following command protocols will be initiated: APD will, with the exception of ensuring the delivery of necessary medical response, ensuring the safety and security of persons on property owned, leased or controlled by the Roanoke Regional Airport Commission, and or the detention or arrest of a person(s) suspected of being the perpetrator(s) of a crime, establish a perimeter and await the arrival of Police Department personnel. APD will be first responders to the area and will do the following; (1) take required police action; (2) establish a perimeter; (3) arrange for needed medical attention for the injured; and (4) await the arrival of Police Department personnel. APD will not, absent direction from responding or on -scene Police Department personnel, initiate or continue any investigative process(es) or procedure(s). On scene Police Department personnel will assume command authority for the scene and any APD personnel on scene. Police Department personnel will maintain command authority over the scene and investigation until such time as the scene is released to APD personnel. Police Department personnel arriving at a crime scene that is found to have been compromised or contaminated will provide personnel, the equipment and materials necessary to assist APD personnel but may choose to not assume the role as the primary investigator. Responsibility of the Parties: To the extent permitted by applicable law, each party to this MOU will be responsible for the actions, inactions or violations of its officers, employees and agents in connection with scope of services described herein, but nothing contained herein shall be construed as a waiver of the sovereign immunity of either party. Page 5 of 7 Operational Policies: Police Department personnel shall comply with the policies and Operational Directives of the Police Department. APD personnel shall comply with the policies and procedures of the Airport Police Department while engaged in an investigation that the Police Department is managing and handling as the primary investigator pursuant to this MOU. In such instances the policies and /or procedures and /or processes of the Police Department will take precedence over those of the APD. The Police Department and the APD shall maintain control over its respective personnel other than as articulated in this MOU and only as regards investigative policies and /or procedures and /or processes. The Police Department and the APD agree to hold their own officers accountable for compliance with operational policies of the employing entity. No Effect on Existing Powers: This MOU shall not supersede, restrict, limit or otherwise impair or affect any powers, authority, or agreement already existing pursuant to the Code of Virginia or any authority or power existing under the City of Roanoke's charter or the Roanoke Regional Airport Commission Act, Chapter 140, Acts of Assembly (1986). Rights of Officers: While acting under or pursuant to this MOU all Police Department officers, agents or employees shall have all the immunities from liabilities and exemptions from laws, ordinances and regulations and shall have all the salary, pension, relief, disability, Workers' Compensation and other benefits enjoyed by him while performing his respective duties within the territorial limits of his political subdivision. While acting under or pursuant to this MOU, all APD private police officers shall have all the immunities from liabilities and exemptions from laws, ordinances and regulations and shall have all benefits of an APD private police officer. Immunities: This MOU shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to the Police Department or any officer, agent or employee of the Police Department or to the APD or any officer, agent or employee of the APD. All of the immunities from liability enjoyed by the Police Department and the APD shall be enjoyed by them and their officers, agents, and /or employees. Page 6 of 7 Termination: Either party to this MOU shall have the right to terminate this MOU, with or without cause, by giving written notice to the chief administrative officer of the other party by certified mail, return receipt requested. Any termination shall be effective ten (10) working days after receipt of notice of termination. Completeness of Agreement: This MOU represents the entire and integrated MOU between the Police Department and the Roanoke Regional Airport Commission on behalf of the APD and supersedes all prior negotiations, representations or agreements either oral or written. Term: This agreement will stay in force until such time as the MOU is presented by one or the other signing parties for modification, is terminated by either party or is replaced and thus superseded by a new MOU executed by both parties. At any time, as needed, this MOU may be reviewed but may be modified or revised only by written instrument signed by authorized representative of the Police Department and the Roanoke Regional Airport Commission on behalf of the APD. Effective Date: This MOU shall be effective on "Effective Date." IN WITNESS HEREOF the parties have caused this Agreement to be signed by their respective representatives. CITY OF ROANOKE 2 Date: Christopher P. Morrill, City Manager ROANOKE REGIONAL AIRPORT COMMISSION M Date: Timothy Bradshaw, Executive Director Page 7 of 7 S'FITHANIE M. MOON RE.VNOLDS, MM( ('its (It, k CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roma 456 ROa ElGke, Virginin 24011 -1536 TelcpLUne: (540)853 -2541 F,,r: (540)853 -1145 &mull: elerk(Jronnokevn . qov August 2, 2016 Frank M. Smith, II President and Chief Executive Officer Roanoke Valley Broadband Authority Kevin S. Boggess City Manager City of Salem Thomas C. Gates County Administrator Roanoke County Ms. Hamlett and Gentlemen Gary Larrowe County Administrator Botetourt County Christopher P. Morrill City Manager City of Roanoke CECELIA E. M('COV Uepnlg Citp ('Ierk (ECELIA'r. wcBB, cm(' Asxiswit DepI,IP CRY Clerk Stephanie L. Hamlett Executive Director Virginia Resources Authority I am enclosing copy of Resolution No. 40596 - 080116 authorizing the proper city officials to execute a Service Agreement among the City of Roanoke and the City of Salem, Virginia, Roanoke County, Virginia, the Roanoke Valley Broadband Authority, and the Virginia Resources Authority, and a First Amendment to Support Agreement among the Cities, the RVBA and VRA, subject to certain terms and conditions; and authorizing the City Manager to take certain other actions in connection with the Service Agreement and the First Amendment. City Council has determined it is in the best interests of the City of Roanoke and its citizens for the City of Roanoke to enter into the Service Agreement and the First Amendment to reflect that the non - binding obligations described in the above recitals will apply to the Series 2015 Local Bond and the Financing Agreements to reflect the issuance and sale of the Series 2016 Local Bond and the financing of the Roanoke County Extension. Frank M. Smith, II Gary Larrowe Kevin S. Boggess Christopher P. Morrill Thomas C. Gates Stephanie L. Hamlett August 2, 2016 Page 2 The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Wayne Strickland, Secretary, Roanoke Valley Broadband Authority, P. O. Box 2569, Roanoke, Virginia 24010 Deborah C. Jacks, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 -0798 Susan Fain, Clerk, Botetourt County Board of Supervisors, One West Main Street, Fincastle, Virginia 24090 Crystal Labrie, Clerk, Salem City Council, 114 North Broad Street, Salem, Virginia 24153 Daniel J. Callaghan, City Attorney �11V, 0 IN'I'I Iti COUNCII. OI "fl -Ili ('fly OF ROANOKE, VIRGINIA The [St day of August, 2016. No. 40'))6- 080L16. A RI!SOLII'I'ION authorizing the proper city officials to execute a Service Agreemcn( (the "Service Agreement ") among the City of Roanoke and the City of Salem, Virginia (tile "Cities "), Roanoke County, Virginia (the "County "), the Roanoke Valley Broadband Authority (the "RVBA "), and the Virginia Resources Authority ( "VRA "), and a First Amendment to Support Agreement (the "First Amendment ") among the Cities, the RVBA and VRA, subject to certain terms and conditions; and authorizing the City Manager to take certain other actions in connection with the Service Agreement and the First Amendment; and providing for an effective date. WHEREAS, heretofore, the City of Roanoke and the City of Salem, Virginia (the "Cities "), the RVBA and VRA executed a Support Agreement dated as of April 10, 2015 (the "2015 Support Agreement ") pursuant to which the Cities entered into non - binding obligations to consider certain appropriations in support of the RVBA's revenue bond in the original principal amount of $5,780,000 (the "Series 2015 Local Bond ") issued by the RVBA and sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of April 10, 2015 between the RVBA and VRA (the "2015 Financing Agreement ") to finance the design, engineering and construction of an approximately 47 -mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area, including related landscaping, infrastructure and issuance costs (the "Original Project "); W I INWAS, RVISA has determined that, as allowed by Sculion 15,2 - 5431.1 1 of I e Code of Virginia, 1950, as aruended, it is in ils hCSI IIIIcIU l to design, construct and operalc an tipproximatcly 25 -mile cxtunsion to Ihe Original Project ((he "Roanoke County Iixtenslnn ° and, with Ihe Original Project, [he" Project ") to be located mostly in the County and to issue iI's revenue bond in the original principol amount of $3,000,000 plus amounts Ibr a raµurcd Local Debt Service Reserve fund, administrative costs and costs of issuance (the "Series 2016 Local Bond ") to be sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated .little 17, 2016 between the RV13A and VRA (the "2016 Financing Agreement" and, with the 2015 Financing Agreement, the `9inancing Agreements "); WHEREAS, the Board of Supervisors of Roanoke County, Virginia, adopted on July 19, 2016 a resolution authorizing, among other things, the execution of an agreement providing for a non - binding obligation of the County to consider certain appropriations in support of the Series 2016 Local Bond and the Project to be memorialized in a support agreement (the "Roanoke County Support Agreement ") to be executed and delivered to VRA by the County; and WHEREAS, the Cities, VRA and the County have considered in the Service Agreement that the County's obligation under the Roanoke County Support Agreement will be limited to (1) the amount of the debt service on the Series 2016 Local Bond and (2) one - third (1 13rd) of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing by the RVBA under the Financing Agreements, excluding the amount of the debt service on the Series 2015 Local Bond, and that the Cities' respective obligations under the 2015 Support Agreement, as amended by an 2 it n Iend II Icnl to Ihc 2015 Support Agrccaucrl (Ihc "Fine( Aoucrdman C'), will c;.ich be Iinlitcd to (1) one -hill (1/2) of be debt .service nn Ihc Relics 2015 Local Boud and (2) one -third (1 /31,1) o III Operation and Main tun ancc I:xhcIIsCL; nrlef other payments duc and owing by the RVBA under the Financing Agreements, excluding the debt savior on the Series 2016 Local I3orld, the total of which Scrviou Agreement ha.s been presented to this nweting. TilFlOiNME, BF 1'1' RESOINFI) BY TlIk COUNCIL OI; 'llll? CITY OF ROANOKE I. City Council has determined it is in the best interests of the City of Roanoke and its citizens for the City or Roanoke to enter into file Service Agreement and the First Amendment to rclleet that the non- binding obligations described in the above recitals will apply to the Series 2015 Local Bond and the Financing Agreements to reflect the issuance and sale of the Series 2016 Local Bond and the financing ofthe Roanoke County Extension. 2. The Mayor or City Manager, either of whom may act, are each hereby authorized to execute and deliver to the other parties thereto the Service Agreement and First Amendment substantially similar to the above mentioned Service Agreement and First Amendment, which documents are dated as of August 1, 2016, and City Council further approves such Service Agreement and First Amendment, with such completions, omissions, insertions or changes, not inconsistent with this resolution, as may be approved by the Mayor or City Manager. The execution of the Service Agreement and First Amendment by the Mayor of City Manager will be evidence of his approval of such completions, omissions, insertions or changes. The form of any such Service Agreement and First Amendment shall be approved as to form by the City Attorney. I As provided in the 2015 Support Agreement, as amended by the First Amendment (1110 "Supporl AgrecntenL "), City Council aUthOliZCS the City Manager to make a raqucst to City Council to eppropriaic to or on behalFoFthe RVI3A such amounts as nmy be requested from time to time pw:suant to the Supporl Agreement, to the fullest degree and in such meaner as is consiste'll with the Constitution and laws of the Commonwealth of Virginia and the Chin far on City of Roanoke. City Council, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future lscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 4, City Council acknowledges that VRA considers the Support Agreement as a "local obligation" pursuant to Section 62.1 -216.1 of the Virginia Code. In the event of the failure of the City of Roanoke to make a payment under the Support Agreement, VRA has the right, and is obligated under the Indenture (as defined in the Financing Agreement) to institute the "state -aid intercept" process set forth in Section 62.1 -216.1 of the Virginia Code under which the Governor could cause the Comptroller to withhold all further payment to the City of Roanoke of funds appropriated and payable by the Commonwealth to the City of Roanoke until the unpaid sum is obtained; provided, however, that in the event VRA determines to institute the "state -aid intercept" process, and so long as there are adequate amounts in the Local Debt Service Reserve Fund (as such term is defined in the 2015 Financing Agreement) to cover any Local Bond debt service payment then due and payable and due and payable in the following sixty (60) days, it will give the City of Roanoke sixty (60) days' written notice before instituting the "state -aid intercept" process. If the Local 4 I)ebl Sulvicc Reserve fund is not sul'I'ici cot lin much purpose, Ikon VRA msy inslilute the "stnle -mid intercept' process widunn such notice. 'I he so wilhhcld would be diteeled lu VRA to cure the nonpayment. 5. Nothing herein contained is or shall he docnled to he a pledge or n lending of the credit of the City of Roanoke to RVRA, VRA or to uny holder of the Scrics 2015 Local Bond or the Series 2016 Local Bond or to any olher person or entity, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the City of Roanolm, not shall anything herein contained legally bind or obligate the City Council of Roanoke to appropiiale funds for the purposes described or mentioned in the Support Agreement. 6. The City Manager is authorized to take such further actions and execute such fwrther documents as may be necessary to obtain, accept, implement, administer, and enforce such Support Agreement, with any such documents to be approved as to form by the City Attorney. 7. This resolution shall be in full force and effect upon its passage. ATTEST: City Clerk. 5 Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BtJpJ LNG 215 CHURCI I AVENUE, SW ROANOKE, V IROTNIA 24011-1595 The Honorable Mayor and Members of City Council Roanoke, Virginia TELFP1 IONE 540.853 -2431 FAX 540. 853.1221 EMAIL,: city iuy @roenokcra.gov August 1, 2016 Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Authorization to execute a Service Agreement and a First Amendment to Support Agreement in connection with a bond issuance in the amount of up to $3,000,000 by the Roanoke Valley Broadband Authority through the Virginia Resources Authority. Dear Mayor Lea 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 ( "RVBA ") for the purpose of bringing a broadband network to the Roanoke Valley. The City of Roanoke and the City of Salem, Virginia (the "Cities "). the RVBA and VRA executed a Support Agreement dated as of April 10, 2015 (the "2015 Support Agreement ") pursuant to which the Cities entered into non - binding obligations to consider certain appropriations in support of the RVBA's revenue bond in the original principal amount of $5,780,000 (the "Series 2015 Local Bond ") issued by the RVBA and sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of April 10, 2015 between the RVBA and VRA (the "2015 Financing Agreement ") to finance the design, engineering and construction of an approximately 47 -mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area, including related landscaping, infrastructure and issuance costs (the "Original Project"). RVBA has determined that, as allowed by Section 15.2- 5431.11 of the Code of Virginia, 1950, as amended, it is in its best interest to design, construct and operate an approximately 25 -mile extension to the Original Project (the "Roanoke County Extension," and, with the Original Project, the "Project") to be located mostly in the County and to issue its revenue bond in the original principal amount of $3,000,000 plus amounts for a required Local Debt Service Reserve Fund, administrative costs and costs of issuance (the `Series 2016 Local Bond ") to be sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated .Tune 17, 2016 between the RVBA and VRA (the "2016 Financing Agreement" and, with the 2015 Financing Agreement, the "Financing Agreements "). On June 10, 2016, the board of RVBA voted to authorize the Series 2016 Local Bond. The Board of Supervisors of Roanoke County, Virginia, adopted on July 19, 2016 a resolution authorizing, among other things, the execution of an agreement providing for a non - binding obligation of the County to consider certain appropiiations in support of the Series 2016 Local Bond and the Project to be memorialized in a support agreement (the "Roanoke County Support Agreement ") to be executed and delivered to VRA by the County. The Cities, VRA and the County have considered in the Service Agreement that the County's obligation trader the Roanoke County Support Agreement will be limited to (1) the amount of the debt service on the Series 2016 Local Bond and (2) one -third (03rd) of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing by the RVBA under the Financing Agreements, excluding the amount of the debt service on the Series 2015 Local Bond, and that the Cities respective obligations under the 2015 Support Agreement, as amended by an amendment to the 2015 Support Agreement (the "First Amendment'), will each be limited to (1) one -half (1/2) of the debt service on the Series 2015 Local Bond and (2) one -third (1 /3rd) of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements, excluding the debt service on the Series 2016 Local Bond, the form of which Service Agreement is attached to this report. Pursuant to the terms of the proposed First Amendment, the City Managers for Roanoke and Salem shall include (1) one -half (1/2) of the debt service on the Series 2015 Local Bond and (2) one -third (1 /3rd) of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements. excluding the debt service on the Series 2016 Local Bond in the annual budgets for their respective localities, beginning in 2017. VRA considers the Support Agreement to be a "local obligation' pursuant to Section 62.1 - 216.1, Code of Virginia (1950) as amended. In the event that Council does not appropriate the above obligation and the City fails to make a payment to VRA, VRA has the right to institute the `state -aid intercept" process set forth in Section 62.1- 216.1, Code of Virginia, and the Governor could cause the Comptroller to withhold payments otherwise due the City until the amount due VRA is paid. VRA has agreed to provide the City with 60 days prior notice before instituting the "state -aid intercept" process unless the Local Debt Service Reserve Fund that RVBA is required to maintain is insufficient for the payment that is due. CONSIDERATIONS: The development of the broadband 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 Series 2016 Local Bond is a critical component to the development of this network. The Cities provided VRA with their pledge of "moral obligation" to VRA with respect to the Series 2015 Local Bond. That "moral obligation" remains in place. Roanoke will not be responsible for debt service payments for the Series 2016 Local Bond. VRA will not participate in the Series 2016 Local Bond without the First Amendment to Support Agreement executed by the Cities. Once the initial 47 -mile network and the 25 -mile extension are constructed and fully operational, RVBA should be generating revenues to meet its operational and debt service obligations. The Council of the City of Salem will consider this matter at its regular session on Monday, July 25, 2016. RECOMMENDATION: Adopt the resolution attached to this report to (i) authorize the Mayor or the City Manager to execute and deliver the Service Agreement and First Amendment substantially similar to those attached to this Report and approved as to form by the City Attorney; (ii) authorize the City Manager to make a request to City Council to appropriate to or on behalf of the RVBA such amounts as may be requested from time to time pursuant to the Support Agreement; (iii) acknowledge that VRA considers the Support Agreement to be a "local obligation" of the City for which VRA has the right to institute the "state -aid intercept" process pursuant to Section 62.1- 216.1, Code of Virginia (1950) as amended; and (iv) authorize the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and enforce such Service Agreement and First Amendment, with any such documents to be approved as to form by the City Attorney. Respectfully submitted, Dani�allaghan City Attorney DJC /lsc Attachments e: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Barbara Dameron, Director of Finance Wayne Bowers, Director, Department of Economic Development Amelia Merchant, Director, Department of Management and Budget FIRST AMENDMENT TO SUPPORT AGREEMENT FOR THE ROANOKE VALLEY BROADBAND AUTHORITY THIS FIRST AMENDMENT TO SUPPORT AGREEMENT is made as of August I, 2016, among the CITY OF ROANOKE, VIRGINIA (the "City of Roanoke "), the CITY OF SALEM, VIRGINIA (the "City of Salem," and, with the City of Roanoke, the "Cities "), the ROANOKE VALLEY BROADBAND AUTHORITY (the "RVBA "), and the VIRGINIA RESOURCES AUTHORITY ( "VRA "), as purchaser of the 2015 and the 2016 Local Bonds, as hereinafter defined, pursuant to the Financing Agreements, as hereinafter defined. RECITALS: WHEREAS, heretofore, the Cities, the RVBA and VRA executed a Support Agreement dated as of April 10, 2015 (the "2015 Support Agreement ") pursuant to which the Cities entered into non - binding obligations to consider certain appropriations in support of the RVBA's revenue bond in the original principal amount of $5,780,000 (the "Series 2015 Local Bond ") issued by the RVBA and sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of April 10, 2015 between the RVBA and VRA (the "2015 Financing Agreement ") (the term "Series 2015 Local Bond" being the same as the term "Local Bond" as defined in the 2015 Financing Agreement) to finance the design, engineering and construction of an approximately 47 -mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area, including related landscaping, infrastructure and issuance costs (the "Project'); and, WHEREAS, RVBA has determined that, as allowed by Section 15.2 - 5431.11 of the Code of Virginia, 1950, as amended, it is in its best interest to design, construct and operate an approximately 25 -mile extension to the Project (the '`Roanoke County Extension ") to be located mostly in Roanoke County, Virginia and to issue its revenue bond in the original principal amount of $3,000,000 plus amounts for a required Local Debt Service Reserve Fund, administrative costs and costs of issuance (the "Series 2016 Local Bond ") to be sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of August 1, 2016 between the RVBA and VRA (the "2016 Financing Agreement" and, with the 2015 Financing Agreement, the "Financing Agreements"): and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, adopted on July 19, 2016 a resolution authorizing, among other things, the execution of an agreement providing for a non - binding obligation of Roanoke County, Virginia to consider certain appropriations in support of the Series 2016 Local Bond, the Roanoke County Extension and the Project to be memorialized in a support agreement (the "Roanoke County Support Agreement ") to be executed and delivered to VRA by Roanoke County; and, WHEREAS, the Cities, VRA and Roanoke County, Virginia have agreed that Roanoke County's obligation under the Roanoke County Support Agreement will be limited to (1) the amount of the debt service on the Series 2016 Local Bond and (2) one -third (1 /3`d) of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing by the RVBA under the Financing Agreements (other than debt service under the 2015 Financing Agreement and the Series Local 2015 Bond), and that the City of Roanoke's and the City of Salem's respective obligations under the 2015 Support Agreement will each be limited to (1) one -half (1/2) of the debt service on the Series 2015 Local Bond and (2) one -third (1/3`a) of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements (other than debt service under the 2016 Financing Agreement and the Series 2016 Local Bond). NOW, THEREFORE, for and in consideration of the foregoing recitals, which are incorporated herein, and of the mutual covenants herein set forth, the parties hereto agree to amend the 2015 Support Agreement as follows: 1. Section 3 of the 2015 Support Agreement shall be deleted and the following Section 3 shall be substituted: 3. No later than March I of each year, beginning March 1, 2016, RVBA shall (1) provide Salem and Roanoke with the balance in the Local Debt Service Reserve Fund (as such term is defined in the Financing Agreement) and (2) notify each of the City Councils of the amount by which the RVBA reasonably expects to need to fund its (i) debt service obligations under the Financing Agreement (hereinafter the "2015 Financing Agreement ") and the Local Bond (hereinafter sometimes the "Series 2015 Local Bond "). (ii) Operation and Maintenance Expenses, and (iii) other payments due and owing by RVBA under the 2015 Financing Agreement and the Local Bond Sale and Financing Agreement dated as of August 1, 2016 between the RVBA and VRA (the "2016 Financing Agreement" and the bond issued pursuant thereto is referred to as the "Series 2016 Local Bond ") (the 2015 Financing Agreement and the 2016 Financing Agreement are collectively referred to as the "Financing Agreements'-), excluding debt service under the 2016 Financing Agreement and the Series 2016 Local Bond, in full as and when due during each of the Cities' fiscal years beginning the following July 1. For purposes of establishing Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements, the Revenues generated from both the Project and the Roanoke County Extension will be combined and applied to all of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing under the Financing Agreements. 2. Section 4 of the 2015 Support Agreement shall be deleted and the following Section 4 shall be substituted: 4. The City Manager for the City of Roanoke (the "Roanoke City Manager ") and the City Manager for the City of Salem (the "Salem City Manager," and, with the Roanoke City Manager, the "City Managers ") shall each include (1) one -half (1/2) of the debt service under the 2015 Financing Agreement and the Series 2015 Local Bond and (2) one -third (1 /3`d) of the Operation and Maintenance Expenses and (3) one -third (1/3 "') of other payments due and owing by RVBA under the Financing Agreements, excluding the debt service under the 2016 Financing Agreement and the Series 2016 Local Bond (the "Cities Deficiency Amount," which is the same as the term "Deficiency Amount" used in Sections 5 and 6 of the 2015 Support Agreement) in the budgets submitted to the City Councils for the following fiscal year as an amount to be budgeted to or on behalf of RVBA. Each of the City Managers shall deliver to VRA within ten (10) days after the adoption of the Cities' budgets for each fiscal year, but not later than July 15 of each calendar year, starting with the 2017 calendar year, a certificate stating whether each of the City Councils has budgeted to or on behalf of RVBA an amount equal to the Cities Deficiency Amount. 3. Section 8 of the 2015 Support Agreement shall be deleted and the following Section 8 shall be substituted: Section 8. It is acknowledged that (i) the Series 2015 Local Bond or portion thereof may be payable from amounts derived pursuant to this Agreement, (ii) VRA would not purchase the Series 2015 Local Bond without the non - binding obligation enhancement provided by the Cities pursuant to this Agreement, and (iii) VRA considers this Agreement as a "local obligation" pursuant to Section 62.1 -216.1 of the Code of Virginia. In the event of the failure of either of the Cities to pay its respective Cities Deficiency Amount to the RVBA under this Agreement, VRA has the right, and is obligated under the Indenture (as defined in the 2015 Financing Agreement) to institute the "state -aid intercept" process set forth in Section 62.1 -216.1 of the Code of Virginia under which the Governor could cause the Comptroller to withhold all further payment to the City that failed to pay its respective Cities Deficiency Amount of funds appropriated and payable by the Commonwealth to such City until the unpaid sum is obtained. The funds so withheld will be directed to VRA to cure the nonpayment. So long as there are adequate amounts in the Local Debt Service Reserve Fund (as defined in the 2015 Financing Agreement) to cover any Series 2015 Local Bond debt service payment then due and payable and due and payable in the following sixty (60) days, VRA will give the affected City sixty (60) days' notice before instituting the "state -aid intercept" process. If the Local Debt Service Reserve Fund balance is not sufficient for such purpose, then VRA may institute the "state -aid intercept' process without such notice. Notwithstanding anything in this Agreement or elsewhere, it is further agreed by the parties that in no event shall either the City of Roanoke or the City of Salem be responsible for requesting the appropriation of funds for any amount greater than its respective Cities Deficiency Amount or for any appropriation request. 4. No other revisions to the 2015 Support Agreement are being made and the 2015 Support Agreement is ratified and confirmed. 5. This Agreement may be executed in any number of counterparts. each of which shall be an original and all of which together shall constitute but one and the same instrument. ISIGNATURF.S APPEAR ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names by their authorized representatives as of the date first above written. CITY OF ROANOKE, VIRGINIA By: Sherman P. Lea, Sr. Mayor CITY OF SALEM, VIRGINIA By: Byron R. Foley, Mayor ROANOKE VALLEY BROADBAND AUTHORITY By: Kevin S. Boggess, Chair VIRGINIA RESOURCF,S AU fHORITY By: Stephanie L. Hamlett, Executive Director APPROVED AS TO FORM Roanoke City Attorney APPROVED AS TO FORM City Attorney APPROVED AS TO FORM Counsel for Roanoke Valley Broadband Authority Appropriation and funds for this Agreement are subject to future appropriations. Roanoke City Director of Finance Date Account Number [SIGNATURE PAGE TO ROANOKE FALLEYBROADBAND SUPPORT AGREEMENT] 5 SERVICE AGREEMENT RELATING TO SUPPORT AGREEMENTS FOR THE ROANOKE VALLEY BROADBAND AUTHORITY THIS SERVICE AGREEMENT is made as of August 1, 2016, among the CITY OF ROANOKE, VIRGINIA (the "City of Roanoke "), the CITY OF SALEM, VIRGINIA (the "City of Salem," and, with the City of Roanoke, the "Cities "), ROANOKE COUNTY, VIRGINIA ( "Roanoke County"), the ROANOKE VALLEY BROADBAND AUTHORITY (the "RVBA "), and the VIRGINIA RESOURCES AUTHORITY ( "VRA "), as purchaser of the 2015 and the 2016 Local Bonds, as hereinafter defined, pursuant to the Financing Agreements, as hereinafter defined. RECITALS: WHEREAS, heretofore, the Cities, the RVBA and VRA executed a Support Agreement dated as of April 10, 2015 (the "2015 Support Agreement ") pursuant to which the Cities entered into non- binding obligations to consider certain appropriations in support of the RVBA's revenue bond in the original principal amount of $5,780,000 (the "Series 2015 Local Bond ") issued by the RVBA and sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of April 10, 2015 between the RVBA and VRA (the "2015 Financing Agreement ") to finance the design, engineering and construction of an approximately 47 -mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area, including related landscaping, infrastructure and issuance costs (the "Project"); and, WHEREAS, RVBA has determined that, as allowed by Section 15.2 - 5431.11 of the Code of Virginia, 1950 as amended, it is in its best interest to design, construct and operate an approximately 25 -mile extension to the Project (the "Roanoke County Extension ") to be located mostly in Roanoke County, Virginia and to issue its revenue bond in the original principal amount of $3,000,000 plus amounts for a required Local Debt Service Reserve Fund, administrative costs and costs of issuance (the "Series 2016 Local Bond ") to be sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated June 17, 2016 between the RVBA and VRA (the "2016 Financing Agreement" and, with the 2015 Financing Agreement, the "Financing Agreements "); and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, adopted on July 19, 2016 a resolution authorizing, among other things, the execution of an agreement providing for a non - binding obligation of Roanoke County, Virginia to consider certain appropriations in support of the Series 2016 Local Bond, the Roanoke County Extension and the Project to be memorialized in a support agreement (the "Roanoke County Support Agreement" and, with the 2015 Support Agreement, the "Support Agreements ") to be executed and delivered to VRA by Roanoke County; and, WHEREAS, the Cities and Roanoke County have agreed to allocate among themselves their respective obligations under the Support Agreements so that Roanoke County's obligations will be limited to (1) the amount of the debt service on the Series 2016 Local Bond and (2) one - third (1/3 d) of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing by the RVBA under the Financing Agreements, and that the City of Roanoke and City of Salem's respective obligations will each be limited to (1) one -half (1/2) of the debt service on the Series 2015 Local Bond and (2) one -third (1/3`d) of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements. For purposes of establishing Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements, the Revenues generated from both the Project and the Roanoke County Extension will be combined and applied to all of the Operation and Maintenance Expenses and other payments due and owing under the 2015 and 2016 Financing Agreements. NOW, THEREFORE, for and in consideration of the foregoing recitals, which are incorporated herein, and of the mutual covenants herein set forth, the parties hereto agree as follows: 1. Fhe 2015 Support Agreement will be amended by execution and delivery of that certain First Amendment to Support Agreement for the Roanoke Valley Broadband Authority (the "First Amendment to 2015 Support Agreement") in the form of Exhibit A attached hereto. 2. Roanoke County will execute and deliver to VRA the Roanoke County Support Agreement in the form attached hereto as Exhibit B. 3. VRA agrees to accept the First Amendment to 2015 Support Agreement and the Roanoke County Support Agreement as sufficient for the purposes of maintaining the 2015 Local Bond and underwriting the 2016 Local Bond. 4. This Agreement shall continue to be binding on the Cities, Roanoke County and the RVBA after the 2015 Local Bond and the 2016 Local Bond are paid off. 5. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. SIGNATURES APPEAR ON FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names by their authorized representatives as of the date first above written. CITY OF ROANOKE. VIRGINIA 0 Sherman P. Lea, Sr., Mayor CITY OF SALEM, VIRGINIA By: Byron R. Foley, Mayor ROANOKE COUNTY, VIRGINIA Ln Chair, Board of Supervisors ROANOKE VALLEY BROADBAND AUTHORITY By: Kevin S. Boggess, Chair APPROVED AS TO FORM Roanoke City Attorney APPROVED AS TO FORM Salem City Attorney APPROVED AS TO FORM Roanoke County Attorney APPROVED AS TO FORM Counsel for Roanoke Valley Broadband Authority Virginia Resources Authority is executing this Service Agreement for the purpose of agreeing to paragraph 3 only. VIRGINIA RESOURCES AUTHORITY By: L. I- Iamlett, Executive Director [.SIGNATURE PAGE TO SERVICE AGREEMENT RELATING TO SUPPORT AGREEMENTS FOR THE ROANOKE VALLEY BROADBAND AUTHORITY] 3 Exhibit A [Form of First Amendment to 2015 Support Agreement] Fxhibit B [Form of Roanoke County Support Agreement] SUPPORT AGREEMENT FOR THE ROANOKE VALLEY BROADBAND AUTHORITY THIS SUPPORT AGREEMENT is made as of August 1, 2016, among ROANOKE COUNTY, VIRGINIA ( "Roanoke County "), the ROANOKE VALLEY BROADBAND AUTHORITY (the "RVBA "), and the VIRGINIA RESOURCES AUTHORITY ( "VRA "), as purchaser of the 2016 Local Bond, as hereinafter defined, pursuant to the 2016 Financing Agreement, as hereinafter defined. RECITALS: WHEREAS, RVBA was created by the concurrent resolutions adopted by the City of Roanoke, Virginia (the "City of Roanoke ") (September 3, 2013), the City of Salem, Virginia (the "City of Salem," and with the City of Roanoke, the "Cities ") (September 9, 2013), Botetourt County (September 24, 2013) and Roanoke County (August 27, 2013); and, WHEREAS, the Commonwealth of Virginia State Corporation Commission issued its Certificate of Incorporation for the RVBA on December 13, 2013, whereupon the RVBA was conclusively deemed to have been lawfully and properly created and established and authorized to exercise its powers under Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as amended (the "Virginia Code "); and, WHEREAS, heretofore RVBA, as allowed by Virginia Code § 15.2- 5431.11, issued and sold to VRA a revenue bond in the original principal amount of $5,780,000 (the "Series 2015 Local Bond ") pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of April 10. 2015 between the RVBA and VRA (the "2015 Financing Agreement') to finance the design, engineering and construction of an approximately 47 -mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area, including related landscaping, infrastructure and issuance costs (the "Project'); and, WHEREAS, heretofore, the Cities, the RVBA, and VRA, entered into a Support Agreement dated as of April 10, 2015 (the "2015 Support Agreement") pursuant to which the Cities entered into non - binding obligations to consider certain appropriations in support of the Series 2015 Local Bond pursuant to the terms of the 2015 Financing Agreement to finance the Project; and, WHEREAS, RVBA has determined that, as allowed by Virginia Code § 15.2- 5431.11, it is in its best interest to design, construct and operate an approximately 25 -mile extension to the Project (the "Roanoke County Extension ") to be located mostly in Roanoke County, Virginia and to issue its revenue bond in the original principal amount of $3,000,000 plus an amount for a required Local Debt Service Reserve Fund, administrative costs and costs of issuance (the "Series 2016 Local Bond ") to be sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of June 17, 2016 between the RVBA and the VRA (the "2016 Financing Agreement" and, with the 2015 Financing Agreement, the "Financing Agreements'); and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has adopted on July 19, 2016 a resolution authorizing, among other things, the execution of an agreement providing for a non- binding obligation of Roanoke County, Virginia to consider certain appropriations in support of the Series 2016 Local Bond, the Roanoke County Extension and the Project to be memorialized in a support agreement (the "Roanoke County Support Agreement") to be executed and delivered by Roanoke County to the VRA; and, WHEREAS, the Cities, VRA and Roanoke County, Virginia have agreed that Roanoke County's obligation under this 2016 Support Agreement will be limited to (1) the amount of the debt service on the Series 2016 Local Bond and (2) one -third (1/3`') of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing by the RVBA under the Financing Agreements, and that the City of Roanoke's and City of Salem's respective obligations under the 2015 Support Agreement will each be limited to (1) one -half of the debt service on the Series 2015 Local Bond and (2) one -third of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements. NOW, THEREFORE, for and in consideration of the foregoing recitals, which are incorporated herein, and of the mutual covenants herein set forth, the parties hereto agree as follows: L Unless otherwise defined, each capitalized term used in this 2016 Support Agreement (this "Agreement ") shall have the meaning given it in the 2016 Financing Agreement, 2. RVBA shall use its best efforts to issue the Series 2016 Local Bond and to use the proceeds thereof to finance the costs of the Project. 3. No later than March 1 of each year, beginning March 1, 2017, RVBA shall (1) provide Roanoke County with the balance in the Local Debt Service Reserve Fund (as such term is defined in the 2016 Financing Agreement) and (2) notify the Board of Supervisors of the amount (the "Annual Operating Amount") by which RVBA reasonably expects to need to fund its (i) debt service obligations under the 2016 Financing Agreement and the Series 2016 Local Bond, (ii) one -third (1/3`d) of Operation and Maintenance Expenses, and (iii) one -third (1 /3rd) of other payments due and owing by RVBA under the Financing Agreements in full as and when due during each of the County's fiscal years beginning the following July 1. For purposes of establishing Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements, the Revenues generated from both the Project and the Roanoke County Extension will be combined and applied to all of the Operation and Maintenance Expenses and other payments due and owing under the Financing Agreements. 4. The County Administrator for Roanoke County, Virginia (the "Roanoke County Administrator ") shall include (1) one hundred percent (100 %) of the debt service on the Series 2016 Local Bond and (2) one -third (1/3'd )of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements (the "County Deficiency Amount ") in the budgets submitted to the Board of Supervisors for the following fiscal year as an amount to be budgeted to or on behalf of RVBA. The Roanoke County Administrator shall deliver to VRA within ten (10) days after the adoption of the County's budget for each fiscal year, but not later than July 15 of each calendar year, starting with the 2017 calendar year, a certificate stating whether the Board of Supervisors has budgeted to or on behalf of RVBA an amount equal to the County Deficiency Amount. 5. If at any time Revenues shall be insufficient to make any of the payments referred to in paragraph 3 hereof, RVBA shall notify the County Administrator of the County Deficiency Amount and the County Administrator shall request in the same proportion as set forth in paragraph 4 hereof an appropriation from the Board of Supervisors in the amount necessary to make such payment. 6. The County Administrator shall present each request for appropriation pursuant to paragraph 5 above to the Board of Supervisors, acid the Board of Supervisors shall consider such request at the Board of Supervisors' next regularly scheduled meeting or as soon thereafter as practicable and at which it is possible to satisfy any applicable notification requirement. Promptly after such meeting, the County Administrator shall notify VRA as to whether the amount so requested was appropriated. If either of the Board of Supervisors shall fail to make any such appropriation, the County Administrator shall add the amount of such requested appropriation to the Annual Operating Amount reported to such County by the County Administrator for the County's next fiscal year. 7. The County hereby undertakes a non - binding obligation to consider for appropriations such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board of Supervisors, while recognizing that they are not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby state their intent to make such appropriations in future fiscal years, and hereby recommend that future Board of Supervisors do likewise. 8. It is acknowledged that (i) the Series 2016 Local Bond or portion thereof may be payable from amounts derived pursuant to this Agreement, (ii) VRA would not purchase the Series 2016 Local Bond without the non- binding obligation enhancement provided by the County pursuant to this Agreement, and (iii) VRA considers this Agreement as a "local obligation" pursuant to Section 62.1 -216.1 of the Virginia Code. In the event of the failure of the County to make its payment of any County Deficiency Amount to the RVBA under this Agreement, VRA has the right, and is obligated under the Indenture (as defined in the 2016 Financing Agreement) to institute the "state -aid intercept" process set forth in Section 62.1 -216.1 of the Virginia Code under which the Governor could cause the Comptroller to withhold all further payment to the County that failed to pay its proportional share of the County Deficiency Amount of funds appropriated and payable by the Commonwealth to the County until the unpaid sum is obtained. The funds so withheld will be directed to VRA to cure the nonpayment. So long as there are adequate amounts in the Local Debt Service Reserve Fund (as defined in the 2016 Financing Agreement) to cover any Series 2016 Local Bond debt service payment then due and payable and due and payable in the following sixty (60) days, VRA will give the County sixty (60) days' notice before instituting the "state -aid intercept" process. If the Local Debt Service Reserve Fund balance is not sufficient for such purpose, then VRA may institute the "state -aid intercept" process without such notice. Notwithstanding anything in this Agreement or elsewhere, it is further agreed by the parties that in no event shall the County be responsible for requesting the appropriation of funds for any amount greater than the County Deficiency Amount or for any appropriation request. 9. Nothing herein contained is or shall be deemed to be a pledge or a lending of the credit of the County to RVBA, VRA or to any holder of the Series 2016 Local Bond or the Series 2015 Local Bond or to any other person or entity, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of either of the County, nor shall anything herein contained legally bind or obligate either of the Board of Supervisors to appropriate funds for the purposes described or mentioned in this Agreement. 10. Any notices or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to Roanoke County, 5204 Bernard Drive, Roanoke. VA 24018 -0798 Attention: County Administrator, (ii) if to RVBA, P.O. Box 2569, Roanoke, Virginia 24010, Attention: Chair, and (iii) if to VRA, to 1111 East Main Street, Suite 1920, Richmond, Virginia 23219, Attention: Executive Director. Any party may designate any other address for notices or requests by giving written notice to all the other parties. 11. It is the intent of the parties hereto that this Agreement shall be governed by the laws of the Commonwealth of Virginia. 12. This Agreement shall remain in full force and effect until the Series 2016 Local Bond and all other amounts payable by the RVBA under the 2016 Financing Agreement have been paid in full. 13. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 14. This Agreement constitutes the entire agreement among the parties. No amendment to this Agreement shall be valid unless made in writing and signed by the authorized representatives of the parties. [SIGNATURES APPEAR ON FOLLOWING PAGF.J IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names by their authorized representatives as of the date first above written. ROANOKE COUNTY, VIRGINIA By: of Supervisors Chairman, Board ROANOKE VALLEY BROADBAND AUTHORITY By: Kevin S. Boggess, Chair VIRGINIA RESOURCES AUTHORITY 0 Stephanie L. Hamlett, Executive Director APPROVED AS TO FORM Roanoke County Attorney APPROVED AS TO FORM Counsel for Roanoke Valley Broadband Authority Appropriation and funds for this Agreement are subject to future appropriations. Roanoke County Director of Finance Date Number Account [.SIGNATURE, PAGE TO ROANOKE. VALLEY BROADBAND SUPPORT AGREEMENT] The Honorable Evelyn Powers City Treasurer Roanoke, Virginia Dear Ms. Powers: I am enclosing a copy of Resolution No. 40597- 080116 authorizing and directing the City Treasurer to refund an overpayment of an erroneous assessment of real estate taxes on real property located at 303 Jefferson Street, S.W., designated as Roanoke Official Tax Map No. 1011806, owned by IP Properties, LLC, for the 2015 -2016 tax year, in accordance with the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950) as amended; reinstating the partial real estate tax exemption rehabilitation credit on the Property retroactive to July 1, 2015; and authorizing such tax refund to be applied by the City administratively in the form of a credit to the real estate taxes, including the special downtown assessment and stormwater fee, that become due on the Property commencing with the 2016 -2017 tax year. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, y�,� /� 0 , Stephanie M. Moon Rey ds, M C City Clerk Enclosure c: IP Properties, LLC, c/o R. Neal Keesee, Jr., P. O. Box 14125, Roanoke, Virginia 24038 Daniel J. Callaghan, City Attorney Christopher P. Morrill, City Manager Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Sherman Holland, Commissioner of the Revenue Susan Lower, Director, Office of Real Estate Valuation CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Teleplwne: (540)X53-2541 Fnx: (540)853 -1145 STNPHANIF M. MOON REYNOLDS, MM( F -anvil: elerk(awanokevn.gpv Cily CIm'k CL('EL1AF. Depn[y, City Clerk Clerk CECELIA T. W EDD, CMC August 2, 2016 Assistant DepntyCitvClerk The Honorable Evelyn Powers City Treasurer Roanoke, Virginia Dear Ms. Powers: I am enclosing a copy of Resolution No. 40597- 080116 authorizing and directing the City Treasurer to refund an overpayment of an erroneous assessment of real estate taxes on real property located at 303 Jefferson Street, S.W., designated as Roanoke Official Tax Map No. 1011806, owned by IP Properties, LLC, for the 2015 -2016 tax year, in accordance with the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950) as amended; reinstating the partial real estate tax exemption rehabilitation credit on the Property retroactive to July 1, 2015; and authorizing such tax refund to be applied by the City administratively in the form of a credit to the real estate taxes, including the special downtown assessment and stormwater fee, that become due on the Property commencing with the 2016 -2017 tax year. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, y�,� /� 0 , Stephanie M. Moon Rey ds, M C City Clerk Enclosure c: IP Properties, LLC, c/o R. Neal Keesee, Jr., P. O. Box 14125, Roanoke, Virginia 24038 Daniel J. Callaghan, City Attorney Christopher P. Morrill, City Manager Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Sherman Holland, Commissioner of the Revenue Susan Lower, Director, Office of Real Estate Valuation IN'11Ili COUNC11, 0I''Il Ill ('I'I'Y OI� ROANOICli, VII2CJINIA 'I'h,� Ic1 day of Aut;usr, 2016. No. 40597 - 080116. A IZESOl,tl'IION authorizing and directing the City Treasurer to refund an ova payment of an crroncous assessment of real estate (axel on real property located at 303 .iefferson Street, S.W., designated as Roanoke Official "'fax Map No. 1011806 ( "Properly "), owned by IP Properties, LLC, for the 2015 -2016 tax year, in accordance With the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950) as amended; reinstating (lie partial real eslate tax exemption rehabilitation credit on the Property rennactivc to July 1, 2015; and authorizing such tax refund to be applied by the City administratively in the form of a credit to the real estate taxes, including the special downtown assessment and stormwater fee, that become due on the Property commencing with the 2016 -2017 tax year upon certain terms and conditions. WHEREAS, IP Properties, LL,C applied for and received a partial real estate tax exemption rehabilitation credit on the Property commencing for tax year 2009 -2010 for a period of ten (10) years; WHEREAS, pursuant to City Code, a partial real estate tax exemption rehabilitation credit may expire if a property owner fails to maintain the property in accordance with certain provisions of City Code, including the Zoning Ordinance, Chapter 36.2; WHEREAS, the tax credit granted to the Property was terminated effective Judy 1, 2015, based on the fact that a tenant at the Property failed to pay its outdoor dining permit Ice as 1'0quir2d by Section 30 -9.1, C'adc of the City of Roanoke (1979), as amended, and that f811111C was coded as a violation of the City's Zoning Ordinance, and WHEREAS, the City's Commissioner of the RCMILIe has dctcrmincd and cmlilled, and the City Attorney consented to such certification, as further slated in the City Attomcy's letter to this Council dated August I, 2016, and the attachments to that letter, that an erroneous real estate tax assessment on the Property occurred because the violation of Section 30 -9.1 by the tenant was improperly coded as a violation of Chapter 36.2, and that impl-oper coding resulted in the overpayment of the real estate taxes due the Property by the amount of $4,035.24, for the 2015 -2016 tax year, and IP Properties, LLC is entitled to a refund of the same, and the Director of Real Estate Valuation has determined that as a result of such error, reinstatement of the partial real estate tax exemption rehabilitation credit on the Property, retroactive to July 1, 2015, is proper . NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Pursuant to Section 58.1 -3981 (A) of the Code of Virginia (1950) as amended, and the certification of the Commissioner of the Revenue, with the consent of the City Attorney, the City Treasurer is hereby authorized and directed to refund to IP Properties, LLC, the amount of $4,035.24, which amount reflects the overpayment of real estate taxes made oil the Property as a result of an erroneous assessment for the 2015- 2016 tax year, without interest, which interest has been waived at the request of IP Properties, LLC, as further set forth in the City Attorney's letter to this Council, and the attachments to that letter. R -Antho ,,e City Trevsnmr m refimd 1P Property Mx rarund_(8 -1 -16) 2 2. 'fhc ('ily I cusurcr is uuthot Zcd ❑ud dirccicel to upply the balance of such rcilmd administratively in the form of a crcdil to the rcul estate taxes, including the .special downtown uNSessmenl and slormwutel fee. Ihal hecome clue on the Properly commencing with the 3016 -2017 tux year, al the inquest of the property owner, es further set forth in the City Attorney's letter to this Council dated August I, 2016. 3. The Director of Real I?statC Valuation is authorized and directed to reinstate the partial tell estate tax exemption rehabilitation crcdil on the Property pursuant to Section 32 -93 ct seq., of the Code of the C1ly of Roanoke (1979) as amended, I etroactive to July 1, 2015. 4. 'The proper City orficials are authorized to take such other actions as may be necessary to implement, administer, and enforce the correction of the assessment of the Property, refund and credit such overpayment of taxes, and reinstate the partial real estate tax exemption rehabilitation credit on the Property, retroactive to July 1, 2015. ATTEST City Clerk R- AupIDliee City rre,11,1rm rotund IP P1.1W1 wx refimd.(8 -1 -16) 3 CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL_ PUILDINC, Timothy R. Spencer 215 CHURCH AVENUE, SW Steven J. Talevi ROANOKE, VIRGINIA 24011.1595 David L. Collins Heather P. Daniel J. Callaghan TFLEPHUNE 540.853 -2431 Ferguson City Attorney PAX 540.853 -1221 Laura M. Curial EMAIL cimim(Wa.suoke,a -oe Assistant City Attorneys August 1, 2016 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Re: Reinstatement of Real Estate Rehabilitation Tax Exemption and Request for Refund on Real Estate Located at 303 Jefferson Street, S.W., bearing Official Tax Map No. 1011806 Dear Mayor Lea and Members of Council: Background: Pursuant to Section 32 -93 et seq., of the Code of the City of Roanoke (1979) as amended ( "City Code "), residential and commercial real property owners who rescue, repair and rehabilitate qualified older buildings may apply to the City for a partial tax exemption on such real estate. The amount of the exemption is the amount equal to the difference in the appraised value of the real estate immediately before commencement of "substantial" rehabilitation to the property and the appraised value of the real estate immediately after completion of "substantial rehabilitation," as such value is determined by the City's Office of Real Estate Valuation ( "OREV "). The partial tax exemption lasts for a period of ten ( 10) years. For commercial property to be eligible for the partial tax exemption, the following requirements must be met: (I) the property is no less than twenty -five (25) years of age; (2) the property is improved so as to increase the assessed value of the structure by no less than sixty (60) percent; (3)the property is so improved without increasing the total square footage of such structure by more than one hundred percent (100 %); and (4) the property must be designed for and suitable for commercial or industrial use after completion of such improvement. In addition to the above requirements, the property owner must maintain the property in compliance with certain regulations of the City Code that include, and are not limited to: (1) Chapter 7, Building Regulations; (2) Chapter 33, Vegetation and Trash; and (3) Chapter 36.2, Zoning. Real estate that has received the partial tax exemption is reviewed annually by the OREV for compliance with these requirements If, after receipt of a notice of a violation of any of these provisions, the owner of the property fails or refuses to complete the necessary corrections within the time required for such action, or refuses city inspectors access to such property for the purpose of determining continued eligibility for the rehabilitation partial tax exemption, eligibility for such exemption terminates. IP Properties, LLC (`9P Properties "), the owner of 303 Jefferson Street, S.W., designated as Roanoke Official Tax Map No. 1011806 ( "Property ") applied for and received a 10 year rehab partial tax exemption credit on the Property pursuant to Section 32 -93 et seq., of the City Code, for the 2009 -10 tax year through the 2018 -19 tax year. IP Properties leases the lower portion of the Property to a tenant which operates Flanary's Restaurant and Pub ("Flanary's"). Flanary's has obtained a permit from the City to operate outdoor dining pursuant to Section 30 -90.1 of the City Code. Maintenance of an outdoor dining permit requires payment of an annual fee to the City. In April 2015, the ORLV reviewed the rehab exemption for the Property to determine compliance with the rehab requirements. It was determined by the OREV that the Property had been cited for Flanary's failure to pay the outdoor dining permit fee, which is coded administratively as a zoning violation rather than as a violation of Section 30 -90.1 of the City Code which governs outdoor dining. Notice was sent to IP Properties that this condition existed and needed to be corrected by June 30, 2015, in order to avoid loss of the exemption. Because the matter was not corrected within that time, the OREV terminated the rehabilitation partial tax exemption on the Property for failure to maintain compliance with the zoning requirements of the program. Loss of the partial tax exemption resulted in IP Properties paying an additional $4,035.24 in real estate taxes, which it paid in the installments that came due in October 2015 and April 2016. Considerations: 1P Properties has requested the following relief. (1) reinstatement of the rehab partial tax exemption credit on the Property retroactive to July 1, 2015; (2) a refund in the amount of $4,035.24 which represents the additional tax (excluding interest) it paid as a result of the loss of the rehab credit; and (3) administrative application of the refund to the real estate tax (including the special downtown assessment) and stormwater utility fee that become due on the Property on and after July 1, 2016. A letter from IP Properties dated July 22, 2016, setting forth this request, including its waiver of interest on any refund and its authorization is attached to this letter. The Commissioner of the Revenue concurs that the administrative coding of Flanary's failure to pay the fee for outdoor dining as a zoning violation, rather than a violation of Chapter 30 -9.1 of the City Code, created the erroneous assessment and, pursuant to Section 58.1 -3981 A, of the Code of Virginia (1950) as amended, City Council may authorize this refund. The recommendation of the Commissioner is attached to this letter. The recommendation to reinstate the rehab partial tax exemption credit is consistent with the City's policy to encourage development and rehabilitation of older properties into productive uses within the City. Reinstatement of the rehab partial tax exemption for the Property under these specific and limited circumstances promote the objectives of this program. Recommended Action: Authorize the following relief requested by the taxpayer, IP Properties, LLC:(1) reinstatement of the partial tax exemption on the real estate owned by IP Properties, LLC located at 303 Jefferson Street, S.W., bearing Official Tax Map No. 1011806 retroactive to July 1, 2015; (2) issuance of a refund to IP Properties, LLC, in the amount of 54,035.24 (without interest) which represents the additional tax paid as a result of the loss of the rehab credit; and (3) authorize such refund to be administratively issued by the City in the forth of a credit to the real estate taxes, including the special downtown assessment, and storrnwater fee that become due on the Property commencing with the 2016 -17 tax year. Sincerely, Damelaghan City Attorney Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Sherman Holland, Commissioner of Revenue Evelyn Powers, City Treasurer Barbara A. Dameron, Director of Finance Susan Lower, Director, Office of Real Estate Valuation Stephanie Moon Reynolds, City Clerk IP PROPER IIES, LLC c/o R. Neal Keesee, Jr. P.O. Box 14125 Roanoke, VA 24038 .July 22, 2016 Daniel J. Callaghan City Attorney Office of the City Attorney Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 464 Roanoke, VA 24011 Re: 303 Jellerson Street, fax Map 1011806 (the "Property ") Dear Dan: This letter will serve as IP Properties, LLC's official request for retroactive reinstatement of the Property into the Rehab of Properties cxcmption/credit /abatement program. Upon reinstatement, IP Properties, LLC waives the payment of interest and authorizes the Treasurer to apply the amount of the refunds to the payment of future real estate taxes due on the Property, including the special downtown district assessment and stormwater utility fees due on the Property. Thanks for vow assistance and please call with any questions. Very �truly yoursA�abc, R. Neal Ke . (',)vezeaa i, noau- aanor. oil CERTIFICATION OF THE COMMISSIONER OF THE REVENUE PURSUANT TO SECTION 58.1 -3981 (A), CODE OF VIRGINIA (1950), AS AMENDED I, Sherman A. Holland, Commissioner of the Revenue, hereby certify, pursuant to Section 58.1 -3981 (A), Code of Virginia (1950), as amended, that IP Properties, EEC, owner of certain real property situated at 303 Jefferson Street, S.W., Roanoke Virginia, bearing Official Tax Map No. 1011806 (Parcel 1011806), that the assessment of Parcel 1011806 was erroneous, based on the termination of a rehab partial tax exemption applicable to Parcel 1011806 for the tax year commencing July 1, 2015. The basis for the termination of the rehab partial tax exemption was that a tenant at Parcel 1011806 had failed to timely pay its fee for an outdoor dining permit and that failure was coded administratively as a violation of Chapter 36.2, Code of the City of Roanoke (1979), as amended (Zoning Ordinance), rather than a violation of Section 30 -9.1, Code of the City of Roanoke (1979), as amended (Outdoor Dining Ordinance). Pursuant to Section 32 -98.1, Code of the City of Roanoke (1979), as amended, a continuing violation of the Zoning Ordinance is a basis upon which a rehab partial tax exemption may be terminated. A violation of the Outdoor Dining Ordinance is not included in Section 32 -98.1 of City Code. IP Properties, LLC is entitled to a refund in the amount of $4,035.24, without interest as waived by LP Properties, LLC in its letter dated July 22, 2016, to the City Attorney, a copy of which letter is attached to this certification. Dated this 25th day of July, 2016 Sherman A. Holland Commissioner of the Revenue Consented to pursuant to Section 58.1 -3981 (A) 97. J F. Zvl G Daniel J. CkYlaghan City Attorney SHERMAN & VIVIAN HOLLAND 3801 RED FOX DR NW ROANOKL,VA 24017C -A UsersV CRSII IWVFDamA LocaETemy AnotesFIFF34A- 8591141doc722/16 STEPHANIE M. MOON REYNOLDS, MM(' City (W'k CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chin ch Avenne, S. W., Room 456 Roanoke, Virginia 24011 -1536 Tvlaphunc (540) 853 -2541 Fes: (540) 853 -1145 F -mail: elerk��bommkevng °v CECELIA F. MCCOY D,.O City Clerk August 2, 2016 Cindy H. Poulton Clerk Roanoke City Public Schools P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: CECELIAT. WEBB, CM(' Assistant Depnty City Clerk I am enclosing Resolution No. 40598- 080116 authorizing the School Board to enter into a commercial card service agreement with Fifth Third Bank for the purpose of issuance of one or more credit cards to the Schools. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 1, 2016. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Annette Lewis, Chairman, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Donna Caldwell, Director of Accounting, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations IN I l Ili UOUNC II, OI I I11 :: CITY Op ROANOKP, V11MINIA, 'the 1st day of Auguat, 20th. Nn. 40.598 - 080116. A RI:SOiJ J ION uulliel zing the School Board to enter into it commercial card service ugreumcnl with Fifth I In"I Ban]: for the Into pose of issuemcc ofone of more creditcnrds to the Schools. W I Hl IWAS, the School Board has managed its own financial system and accounts sepaini cand apart horn the City of Roanoke since .Illy I, 2008; WI 11M'AS, as a consequence ollnanaging its financial system, the School Board maintains its accounts and secures its own credit card account; and W1 I I RIMS, the City Ttnasurer recommended that the School Board secure a credit card account through a diRclent financial institution. IT ll?RHFORE BE IT RESOLVED by the Council of the City of Roanoke that: I . The School Board, through its Superintendent, is [lei reby authorized to execute temporary loan agreements with Fifth Third Bank in accordance with Virginia Code §22.1 -110 for the purpose of securing oil cot morecrediteards in the nameofthe School Board. Such temporary Ioanagreements as well as any other necessary and appropriate documents shall be in a form approved by the City Attorney. 2. The maximum total amount of -the temporary loans that the Superintendentis authorized to secure is $500,000 for credit cards, which amount is less than the maximum amount allowed by Virginia Code § 22.1 -110. 3. Any amount drawn under such credit card shall bepaid to Fifth Third Bank, no later than three months after such amount is so drawn or charged. ATTEST. V f) s rn.V'jvjt Q ,,o v City Clerk. August 1, 2016 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, July 14, 2016, the Board respectfully requests that City Council endorse a resolution authorizing the Superintendent to enter into a commercial card service agreement with Fifth Third Bank for the purposes of issuance of one or more credit cards to the School Division. 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 Annette Lewis ROANOKE CITY PUBLIC SCHOOLS School Board Annette Lewis Chairman Lori E. Vaught Vice Chairman Mark K. Cathey William B. Hopkins, Jr. Laura D. Rottenborn Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board w.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 74031 CITY COUNCIL AGENDA REPORT 1W To: Honorable Mayor and Members of City Council Meeting: August 1, 2016 Subject: School Board Request of Temporary Loan Agreement Background: The School Board has managed its own financial system and accounts separate and apart from the City of Roanoke since July 2008. On July 7, 2008 the City adopted a resolution authorizing the School Board to enter into temporary loan agreements, a component of which was the issuance of credit cards for the school division's use. The School Board now desires to secure its credit cards through Fifth Third Bank in accordance with Virginia Code §22.1 -110. Considerations: The City Treasurer recommended that the School Board secure its credit card accounts through a different financial institution than their current provider. The arrangements being recommended have been developed through a collaborative effort of Roanoke City Public Schools (RCPS) Administration, the City Treasurer and other City administrative offices. The City currently has an agreement with Fifth Third Bank for purchase card services and electronic cards payable and receives an annual rebate based on spending levels. This rebate is an additional revenue source for the City and RCPS can benefit from the use of this same commercial card service agreement with Fifth Third Bank. Recommended Action: We respectfully recommend that you concur with this report presented on behalf of the School Administration and adopt the attached resolution authorizing the School Board to enter into a temporary loan agreement with Fifth Third Bank. Andrea F. Trent Assistant Director of Finance Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of August, 2016. No. 40587- 080116. AN ORDINANCE appropriating funding from the Foundation for Roanoke Valley for a Bridges Out of Poverty workshop, amending and reordaining certain sections of the 2016 -2017 Grant Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 -2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Fees 35- 630 - 8315 -2010 $ 9,970 Revenues Bridges Out of Poverty FY17 35- 630 - 8315 -8315 9,970 ATTEST: City Clerk. c CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roonoke, W ginhl 24011 4536 'releplione: (541))953 -2541 F.,t: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MM( E -nmilk elerk(n:-tt kevn...e CECELIA F. MCCOY City ('ierk Dgmty City Clerk August 3, 2016 CECELIA T. WE69, CMC 9 Assbtxnt Deputy City Clerk David Perry 2550 Alberta Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Perry: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were appointed to replace Dr. Nancy Dye as a member Mill Mountain Advisory Board for a term of office ending June 30, 2019. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Mill Mountain Advisory Board. Sincerely, (� Stephanie M. Moon Reynolds, MMC City Clerk Enclosures c: Nicole R. Ashby, Secretary, Mill Mountain Advisory Board, with application COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, DAVID PERRY was appointed to replace Dr. Nancy Dye as a member of the Mill Mountain Advisory Board for a term of office ending June 30, 2019. Given under my hand and the Seal of the City of Roanoke this third day of August 2016. vol- ryt' City Clerk r? CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 ^'* Roanoke, Virginia 24011 -1536 'Telephone: (541)953.2541 Fax: (540)953 -1145 S'I'FTHANIE M. MOON REYNOLDS, MM( E mail: tlerk(nnvuumkevn'R °v ('F.('ELIA F. M( COY City Clerk D,11111' ('ily Ckrk ('E('EI.IA T. W EBB, ('M(' August 8, 2016 AaiFhmt Deputy City Clerk Dr. Nancy V. Dye 1801 Prospect Road Roanoke, Virginia 24014 Dear Dr. Dye: Your term of office as a member of the Mill Mountain Advisory Board expired on June 30, 2016. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Mill Mountain Advisory Board from July 1, 2014 to June 30, 2016. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Reynolds; M C City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO NANCY V. DYE AS A MEMBER OF THE MILL MOUNTAIN ADVISORY BOARD FROM JULY 1, 2014 TO JUNE 30, 2016 ON THIS 8TH DAY OF AUGUST , 2016 IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: SHERMAN P. LEA, SR. MAYOR y� i PHAME M. MOON O ,MMC CITY CLERK o� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roon1 456 Roanoke, Virginia 24011 -1536 R+�' '1'elelJ,nnr. (5411) 853 -2541 IOU: (541) 853 -1145 51 1141ANIL NI. MOON R IA'NOLDS, aINC bn,nil: ele11N11'ouniih —L."Ye (' E( ELIA F. M((OV I Ip Clerk Nepal) (S1)' Clerk August 3, 2016 CE0.1.1 A' r. a'o:nn,('N( 9 Acvin:ua Deputy City Clerk Andrew J. Anguiano 3237 Avenham Avenue, S.W. Roanoke, Virginia 24014 Dear Mr. Anguiano: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were reappointed as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." 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 Commissioner of the City of Roanoke Redevelopment and Housing Authority. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosures Glenda Edwards Goh, Secretary, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W., Roanoke, Virginia 24017 COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, ANDREW J. ANGUTANO was reappointed as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020. Given under my hand and the Seal of the City of Roanoke this third day of August 2016. u City Clerk e CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avnt, S. W., Room 456 Ro:uloke, Virginin 24011 -1576 '1 CIC)Lnnc: (540) 853 -2541 F,Ix: (540)853-1]4q SHINIANIF JI.n100N BCYNOLDI, %1%1( !:,nail: C VP 4:LIA F. AU('01' ('0, ('lurk IIDpnry' ('il)' ( Icrk August 3, 2016 ('E('FLIA'I. wk:nn, cult' 9 AW,lanl nrnnlr ('lly cIt. k Edward Garner 3717 Chesterton Street, S. W. Roanoke, Virginia 24018 Dear Mr. Garner: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were reappointed as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." 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 Commissioner of the City of Roanoke Redevelopment and Housing Authority. Sincerely, _ Stephanie M. Moon Reynolds, MMC City Clerk Enclosures c: Glenda Edwards Goh, Secretary, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W., Roanoke, Virginia 24017 COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, EDWARD GARNER was reappointed as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020. Given under my hand and the Seal of the City of Roanoke this third day of August 2016. 1 City Clerk o� CITY OF ROANOKE OFFICE OF TIIE CITY CLERK 215 Church Avenue, S. W., Room 456 Rnnnoke, Virginia 24011 -1536 lblry,Lnne: (5411)X53-2541 Fu,, (5411)X9 -1145 .S'1'1(PII, %NIP: NI. NIOON IPPIlN01. DS, 61X(. P. }nmil: d"ku, ruunokevu.gnv f U.CL.I.IA I. N1( COY (i1) 11,,k i),W) ('ilk ('lerk August 3, 2016 (P.0 P:LIA r. WEnn,(n1( 9 A.,,iatxn( I ,uh ('ib clerk Duane R. Smith 3038 Melrose Avenue, N. W. Apartment 714 Roanoke, Virginia 24017 Dear Mr. Smith: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were reappointed as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." 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 Commissioner of the City of Roanoke Redevelopment and Housing Authority. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosures c: Glenda Edwards Goh, Secretary, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W., Roanoke, Virginia 24017 COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, DUANE R. SMITH was reappointed as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020. Given under my hand and the Seal of the City of Roanoke this third day of August 2016. rJ?n^^ ) ,'- U � City Clerk August 3, 2016 CEC'ELIA T. WEBD, CMC 9 Assistant Depnty City Clerk Harvey D. Brookins, Jr. Landmark Building 129 Salem Avenue, S. W. Suite B Roanoke, Virginia 24011 Dear Mr. Brookins: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were reappointed as a City representative of the Western Virginia Water Authority Board for a four -year term of office ending June 30, 2020. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required 'Yo read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a City representative of the Western Virginia Water Authority Board. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosures c: Gayle Shrewsbury, Secretary, Western Virginia Water Authority Board CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chu rch Avenne, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Gnx: (541) 853 -1145 S'CEEHANIE M. MOON REYNOLDS, MMC E-nwh: dark(.......k....gnr CECELIA F. MCCOY City Clerk Depoy City Clerk August 3, 2016 CEC'ELIA T. WEBD, CMC 9 Assistant Depnty City Clerk Harvey D. Brookins, Jr. Landmark Building 129 Salem Avenue, S. W. Suite B Roanoke, Virginia 24011 Dear Mr. Brookins: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were reappointed as a City representative of the Western Virginia Water Authority Board for a four -year term of office ending June 30, 2020. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required 'Yo read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a City representative of the Western Virginia Water Authority Board. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosures c: Gayle Shrewsbury, Secretary, Western Virginia Water Authority Board COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, HARVEY D. BROOKINS was reappointed as a City representative of the Western Virginia Water Authority Board for a four -year term of office ending June 30, 2020. Given under my hand and the Seal of the City of Roanoke this third day of August 2016. City Clerk ! C0 ITY OF ROANOKE OFFICE; OFT FIE CITY CLERK 215 C'lutrch Avenue, S. W., Room 456 RRoanoke, Virginia 24011 -1536 'telephone: (540) 953 -3541 Fax: (541)851 -1145 Si HPIIANIE M. MOON REYNOLDS, MMC' ILnu,il: olr.kOpronna kcvn.gnv CII)'Clerk August 8, 2016 Courtney Campbell 2333 York Road, S. W. Roanoke, Virginia 24015 Dear Ms. Campbell: C'FCF1AA F. MCC'OY Deputy City Clerk CECEWAT. WED), CMC Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were appointed to fill the unexpired term of office of Jerry Smith as a City representative of the Roanoke Valley - Alleghany Regional Commission for a term ending June 30, 2018. Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required 'Yo read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a City representative of the Roanoke Valley - Alleghany Regional Commission. Sincerely, wet- Stephanie M. Moon Reynolds, MMC City Clerk Enclosures c: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010, with application COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, COURTNEY CAMPBELL was appointed to fill the unexpired term of office of Jerry Smith as a City representative of the Roanoke Valley - Alleghany Regional Commission for a term ending June 30, 2018. Given under my hand and the Seal of the City of Roanoke this eight day of August 2016. City Clerk m� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Ayenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 "I'ckpL,n�e: (540)853 -2541 Fnx: (540)853 -1145 STEPHANIE: M. MOON REYNOLDN, MMC. F nmil: clerk(n ;nnumkeve.guv CECELIA F. MCCOY City Clerk Deputy City Clerk August 3, 2016 CECELIA T. WEBB, CMC Assistant Dewily City Clerk Mark Garland 418 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Garland: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were appointed to replace Nelson D. Reed as a Citizen at Large representative of the Building and Fire Code Board of Appeals for a term ending June 30, 2018. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Citizen at Large representative of the Building and Fire Code Board of Appeals. Sincerely, Stephanie M, Moon Reynolds, MMC City ity Clerk c: Tina Carr, Secretary, Building and Fire Code Board of Appeals, with application COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, MARK GARLAND was appointed to replace Nelson D. Reed as a Citizen at Large representative of the Building and Fire Code Board of Appeals for a term ending June 30, 2018. Given under my hand and the Seal of the City of Roanoke this third day of August 2016. City Cler Justine Megginson P. O. Box 3153 Roanoke, Virginia 24015 Dear Ms. Megginson: Your term of office as a member of the Building and Fire Code Board of Appeals expired on June 30, 2016. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Building and Fire Code Board of Appeals from July 1, 2012 to June 30, 2016. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure CGO ITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Pax: (540) 853 -1145 .STEPHANIE M. MOON REYNOLDS, MIMIC E -nmil: CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CIVIC Aninmtt Dr,or City Clerk August 5, 2016 Justine Megginson P. O. Box 3153 Roanoke, Virginia 24015 Dear Ms. Megginson: Your term of office as a member of the Building and Fire Code Board of Appeals expired on June 30, 2016. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Building and Fire Code Board of Appeals from July 1, 2012 to June 30, 2016. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO JIISTINA MEGGINSON AS A MEMBER OF THE BUILDING AND FIRE CODE BOARD OF APPEALS FROM JULY 1, 2012 TO JUNE 30, 2016 ON THIS 5TH DAY OF AUGUST , 2016 IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: SHERMAN P. LEA, SR. STEPHANIE M. MOON REYNOLDS, MMC MAYOR CITY CLERK IT CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 4 Telephone: (540)853 -2541 Fnx: (540)853 -1145 STEFIIANIEM. MOON REYNOLD.S,MMC E- ,null: rlerh� }rounok,e..gov CECELIA F. MCCOY City Clerk Deputy City Clerk August 5, 2016 CECELIA T. WEBB, CMC Assistant Deputy City Clerk REVISED John Missell 2049 Windsor Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Missell: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were appointed to fill the unexpired term of office of Mary V. H. Dykstra as a member of the Architectural Review Board ending October 1, 2016; and for an additional four -year term of office ending October 1, 2020. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2.3115, Code of Virginia (1950), as amended, I am required to furnish members of the Architectural Review Board with a form for Disclosure of Real Estate Holdings prior to assume the duties as a member of the Board. State Code provisions further provide that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the undersigned prior to assuming your duties as a member of the Board. Furthermore, Section 2.2 -3702, Code of Virginia (1950), as amended, requires that you be provided with a copy of the Freedom of Information Act within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." John Missell August 5, 2016 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Architectural Review Board. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosures c: Tina Carr, Secretary, Architectural Review Board, with application COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, JOHN MISSELL was appointed to fill the unexpired term of office of Mary V. H. Dykstra as a member of the Architectural Review Board ending October 1, 2016; and for an additional four -year term of office ending October 1, 2020. Given under my hand and the Seal of the City of Roanoke this fourth day of August 2016. �r1q-"L� City Clerk c CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fnx: (540)853 -1145 S I'EPI IAN I E M. MOON R EVNO LDS, MMC E-mWl: cicrk(nyronnnkova. guy C ECF,LIA F. M( COY City Clerk Deputy City Clerk August 4, 2016 CECELIA T. WEBB, CMC 9 ASyi3lnat Deputy City Clerk Stephen Grammer 4902 Grandin Road, S. W. Apartment 117 Roanoke, Virginia 24018 Dear Mr. Grammer: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016, you were appointed to fill the unexpired term of office of Alesha Allen as a member of the Fair Housing Board ending March 31, 2019. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Fair Housing Board. Sincerely, Ste Moon Re rn- R phanie M. Ids, M C City Clerk Enclosures c: Crystal Hypes, Secretary, Fair Housing Board, with application COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, STEPHEN GRAMMER was appointed to fill the unexpired term of office of Alesha Allen as a member of the Fair Housing Board ending March 31, 2019. Given under my hand and the Seal of the City of Roanoke this fourth day of August 2016. City Clerk tr� CITY OF ROANOKE 60 OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 uo,.., ' "' Roanoke, Virginia 24011 -1536 Telepkone: (540)853 -2541 Gnx: (540)853 -1145 S'I'EPIIANIE M. MOON REYNOLDS, MMC E -nwiL derk(n;rowmkcva . y °v CECELIA C MCCOV City Clerk Deputy City Clerk August 5, 2016 CECELIA T. WEBB, CMC g Assistant Deputy City Clerk Lorena Wilson 4158 Westvale Road, N. E. Roanoke, Virginia 24019 Dear Ms. Wilson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 1, 2016 you were appointed to replace Heidi Schmidt as a Citizen at Large representative of the Youth Services Citizen Board for a term of office ending June 30, 2019. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Services Citizen Board. Sincerely, in ' Stephanie M. Moon Reynolds, MMC City Clerk Enclosures c: Aisha Johnson, Assistant to the City Manager COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of August 2016, LORENA WILSON was appointed to replace Heidi Schmidt as Citizen at Large representative of the Youth Services Citizen Board for a term ending June 30, 2019. 2016. Given under my hand and the Seal of the City of Roanoke this fifth day of August ")- ryt City Clerk Heidi Schmidt 806 Wasena Avenue, S. W. Apartment 314 Roanoke, Virginia 24015 Dear Ms. Schmidt: Your term of office as a Citizen at Large representative of the Youth Services Citizen Board expired on June 30, 2016. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a Citizen at Large representative of the Youth Services Citizen Board from July 1, 2015 to June 30, 2016. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, ` Stephanie M. Moon Reynolds, MMC City Clerk Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fnx: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E-nmil: elark(nlronnokevn.poe CE( ELIA F. MCCOY City ('Ierk Depnly City Clerk CECELIAT. WEBB,CMC Assistant Deputy City Clerk August 5, 2016 Heidi Schmidt 806 Wasena Avenue, S. W. Apartment 314 Roanoke, Virginia 24015 Dear Ms. Schmidt: Your term of office as a Citizen at Large representative of the Youth Services Citizen Board expired on June 30, 2016. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a Citizen at Large representative of the Youth Services Citizen Board from July 1, 2015 to June 30, 2016. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, ` Stephanie M. Moon Reynolds, MMC City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO HEIDI SCHMIDT AS A CITIZEN AT LARGE REPRESENTATIVE OF THE YOUTH SERVICES CITIZEN BOARD FROM JULY 1, 2015 TO JUNE 30, 2016 ON THIS 5TH DAY OF AUGUST , 2016 IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: /nwj ") - ypn �V'Cgi✓ SHERMAN P. LEA, SR. STEPHANIE M. MOON REYNOLDS,MMC MAYOR Cm CLERK