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HomeMy WebLinkAboutCouncil Actions 12-02-19WHITE -BOYD 41627- 120219 ROANOKE CITY COUNCIL ROANOKE NEIGHBORHOOD ADVOCATES DECEMBER 212019 9:00 A.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA NOTICE This morning meeting and briefings will be televised live and replayed on R\/TV Channel 3 following the 2:00 p.m. session on Thursday, December 5 at 7:00 p.m. and Saturday, December 7 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 1. Call to Order -- Roll Call. • City Council - Council Member Davis was absent Roanoke Neighborhood Advocates - Sunni Purviance and Charles Wilson were absent 2. Welcome and Opening Remarks. Mayor Sherman P. Lea, Sr. • Chair Katelynn Lewis 3. Item for Discussion and Comments: • Establishment of duties and responsibilities of the Roanoke Neighborhood Advocates. 4. Recessed /Adjourned — 9:27 A.M. 1 AT 9:45 A.M., THE COUNCIL MEETING RECONVENED IN THE COUNCIL CHAMBER, ROOM 450, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., TO CONSIDER THE FOLLOWING ITEM FOR ACTION, MAYOR LEA PRESIDING AND ALL MEMBERS OF THE COUNCIL IN ATTENDANCE, WITH THE EXCEPTION OF COUNCIL MEMBER DAVIS: 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. (5 -0, Council Member Bestpitch was not present when vote was recorded) 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: NONE. AT 9:50 A.M., THE COUNCIL MEETING WAS DECLARED IN RECESSED UNTIL 10:00 A.M., FOR JOINT MEETING OF THE COUNCIL, ROANOKE CITY SCHOOL BOARD, AND AREA LEGISLATORS TO DISCUSS THE 2020 LEGISLATIVE PROGRAM. AT 11:50 A.M., THE COUNCIL MEETING WAS DECLARED IN RECESSED UNTIL 2:00 P.M., FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 2, 2019 2:00 P.M. CITY COUNCIL CHAMBER ,. 1. Call to Order - -Roll Call. Council Member Price arrived late. The Invocation was delivered by The Reverend Tim Dayton, Pastor, First Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. At this point, Council Member Price entered the meeting (2:05 p.m.) Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 5 at 7:00 p.m., and Saturday, December 7 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Architectural Review Board — one vacancy Mill Mountain Advisory Board — one vacancy Roanoke Valley - Alleghany Regional Commission — one vacancy 3 Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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. The following speakers appeared before the Council in connection with a proposed Second Amendment Sanctuary in the City of Roanoke: Karen Cobb, 4117 Guernsey Lane, N. W. Ben Bower, 4109 Belford Street, S. W. Roger Malou, 4025 Mudlick Road, S. W. David Courey, 3419 Ashmeade Drive, S. W. Frank Austin, 3215 Yardley Drive, N. W. Glen Snow, 218 17th Street, S. W. Charles Hutsell, 3617 Oliver Road, N. E. Pat Norton, 825 Park Lane, S. W. Barbara Andes, 2803 Rosalind Avenue, S. W. Judy Elder, 1708 Clay Street, S. E. Catherine Koebel, 2625 Longview Avenue, S. W. Charles Nave, 1225 3rd Street, S. W. Matthew Ballard, 2917 Bonlyn Circle, S. E. James Dickinson, 231 Stonebridge Drive, Blue Ridge Trish McLawhorn, 275 Walton Road, Radford Eric Pritts, 6358 Lee Highway, Troutville Randall Horton, 324 10th Street, Vinton Mayor Lea advised that the City have no intent to violate either the Commonwealth of Virginia or United States of America Constitutions. 2 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. C -1 Minutes of the regular meeting of City Council held on Monday, November 4, 2019. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from Council Member William D. Bestpitch tendering his resignation as President and Director, Greater Roanoke Transit Company; Vice -Chair and Member, Audit Committee; Elected Official representative, Virginia's First Regional Industrial Facilities Authority; and Elected Official representative, Virginia Municipal League, General Laws Committee, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -3 A communication from the City Manager requesting that Council schedule a public hearing to be held on Monday, December 16, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, in his discretion, to consider a request of Friendship House Roanoke, Inc., for tax exemption of real and personal property located at 635 Elm Avenue, S. W. RECOMMENDED ACTION: Concurred in the request. C -4 A communication from the City Manager requesting that Council schedule a public hearing to be held on Monday, December 16, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, in his discretion, to consider the lease renewal of the Alexander -Gish House to Old Southwest, Inc. RECOMMENDED ACTION: Concurred in the request. C -5 A communication from the City Manager requesting that Council schedule a public hearing to be held on Monday, December 16, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager shall determine, in his discretion, to consider the sale of City -owned property located at 715 Franklin Road, S. W., to Assisi Animals Clinics of VA, Inc. RECOMMENDED ACTION: Concurred in the request. 5 C -6 Reports of qualification of Valerie Brown as a member of the Roanoke Arts Commission to fill the unexpired term of office of Benjamin S. Crawford ending June 30, 2020; and Angelia Vernon as ex- officio to replace Michele Vineyard as the Director of Human Resources on the Defined Contribution Board. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the 2020 Violence Against Women Act (V -STOP) Grant from the Virginia Department of Criminal Justice for the Police Department's existing Domestic Violence Specialist position. Adopted Resolution No. 41627- 120219 and Budget Ordinance No. 41628-120219. (7 -0) 2. Acceptance of the Revised FY 20 Revenue Sharing Program funding from the Virginia Department of Transportation; execution of the revised Agreement and Appendices. Adopted Resolution No. 41629- 120219 and Budget Ordinance No. 41630-120219. (7 -0) COMMENTS OF THE CITY MANAGER. NONE. b. CITY ATTORNEY: 1. Execution of a Temporary Nonexclusive Revocable Wireless Facilities License Agreement with Cox Wireless Access, LLC, that allows the installation, operation, and maintenance of wireless facilities in the City's public right -of -ways. Adopted Ordinance No. 41631- 120219. (7 -0) 6 2. Response in connection with the Executive Order 13888 issued by the White House to allow continued refugee resettlement. Adopted Resolution No. 41632- 120219. (7 -0) 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Bestpitch expressed appreciation for the hard work in connection the 2019 Legislative Program. He also spoke about the redevelopment of the former Brooks Air Force Base to a mixed -use community while attending the 2019 National League of Cities City Summit in San Antonio, Texas on November 20 — 23, 2019. Vice -Mayor Cobb and Council Members Osborne, Price and White - Boyd also shared information regarding various work sessions that they attended at the 2019 National League of Cities City Summit in San Antonio, Texas on November 20 — 23, 2019. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. See below. CERTIFICATION OF CLOSED MEETING. (6 -0, Council Member Davis abstained from voting inasmuch as she was not present during the Closed Meeting.) Appointed Scott Tate as a member of the Roanoke Public Library to fill the unexpired term of office of John R. F. Lewis ending June 30, 2021. 12. ADJOURNED - 3:39 P.M. 7 SHERMAN P. LEA, SR. Mayor 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 EMAIL: MAYORa)ROANOKEVA.GOV December 2, 2019 The Honorable Vice -Mayor Joseph L. Cobb and Members of the Roanoke City Council Roanoke, Virginia Dear Vice -Mayor Cobb 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, e man . Lea, Sr. Mayor SPL:ctw COMMITTEE VACANCIES /REAPPOINTMENTS December 2, 2019 Public VACANCIES: Term of office on the Architectural Review Board ending October 1, 2023. Unexpired term of office on the Mill Mountain Advisory Board ending June 30, 2020. Unexpired term of office on the Roanoke Public Library Board ending June 30, 2021. Unexpired term of office on the Roanoke Valley - Alleghany Regional Commission ending June 30, 2021. Mr mayor, members of the Roanoke city council: my name is david courey, I live at 3419 ashmeade drive, Roanoke, va What I say here today to you, probably has been said before, however, it does bear repetition. We are sickened by the proposals of our socialist government in Richmond wanting to impose unconstitutional laws infringing upon the rights of citizens to own firearms. It is a fact that criminals that wish to do harm, are not even fazed at all by gun control laws. Criminals do not buy guns by legal means, but rather obtain them through underground means, out of reach of any government control. It is a sad fact that no gun control law can eliminate this. It is the law abiding citizen that is harmed by these gun control laws by not being allowed the means to self protection. In the words of Lincoln, "important principals may and must be inflexible" our constitional liberties are just as important now, as they were 200 years ago. I stand ready now to salute you for your efforts to show support to the constitution, and particularly the 2nd amendment. Let us understand that the constitution does not say the government will decree the right to the citizens to keep and bear arms, the constitution says that the government shall not infringe upon the right of citizens to keep and bear arms. This is not a right the government has given to us, it is an unalienable right that government is forbidden to take away from us. If our socialist /communist government in Richmond is to make arms illegal for citizens to own, the police would be so busy arresting honest citizens, they would have no time to keep criminals from their nefarious deeds. Our socialist governor in Richmond, has stated support for sanctuary cities for illegal felons, yet is opposed to sanctuary cities to protect the rights of our law abiding citizens. This is a disgrace. I urge you to have the intestinal fortitude to support the people that you serve, and not side with the nefarious governor in Richmond. You are here, not in Richmond, and you should support the people you represent and not the evil governor that intends to infringe upon our rights granted by the constitution. Thank you for allowing me to voice my opinions and concerns. 0 To: Ted Ouimette <rndygiles @gmx.com >, Re: [EXTERNAL] 2nd Amendment This will acknowledge receipt of your email regarding Roanoke City being a sanctuary City for the 2nd amendment. The matter will be heard by the Council at its 2:00 p.m. session today. Please be advised that your comments will be shared with the Council for the record. Stephanie M. Moon Reynolds, MMC City Clerk (540) 853 -2541 (Work) (540) 853 -1145 (Fax) stephanie.moon @roanokeva.gov Ted Ouimette Please take into consideration and vote for maki... From: Ted Ouimette <rndygiles @gmx.com> To: anita.price @roanokeva.gov Date: 12/02/2019 10:42 AM Subject: [EXTERNAL] 2nd Amendment 12/02/2019 10:42:50 AM Please take into consideration and vote for making Roanoke City a sanctuary city for the 2nd amendment. Our founders thought this right was so important to a free and just society that it was 2nd on the list. Please allow our city to let the people in northern virginia and DC know that our city believes that this right is fundamental to keep our country the best country in the world. Thank you and I'm including a resolution from VCDL.org to help as a blue print for this vote. https: / /mvw.vcdl.org /resources /Resources /Model Resolution.docx Ted Ouimette rm here speaiting in concern of the 2020 legisiature proposed and to be voted on today by this council. In exact under the title "Public Safety Policy" That reads as "The city supports legislation that preserves law and order and promotes public safety thought the city, including legislative initiatives to assist localities in protecting the public frnm non viniPnr_.P The city supports legislation to enable localities to enact ordinances that exceed statewide standards with respect to the sale, possession, storage and carrying of firearms and ammunitions." ntirina taiks with memherc of this rniinrii it's hPrnmP annare.nt that thPrP is cnnfusinn on these suggested legislative acts. Majority of these acts echo that of the Federal "Brady Bill" passed in 1994. The intention was again to combat Gun violence. It's ineffectiveness shown by FBI and CDC studies, and the nationwide increase of gun violence until it's peak until 2003. 2003 marked the . , . ,- u zE�t Fi.si.tzc t1 v. �E.iF F ii.fi�'sF Fis�i LkE Ft.T iz z� EL.izFi,F'tY EE i� y�LiE L"alv'4 EFFY.zF Ti�i� tE Et� 1di Lii sSE Li it;- {.iY dt.Fy tiIFF, ii wasn't even suggested to continue the Brady bill, it's failure was too overwhelming to continue. Why are you following the same path that was shown INEFFECTIVE for over 20 years? It also needs to be Known that the chairman for the Brady Campaign, Dan Gross, He was proudly at a 2A rally Nov, Z THIS YEAR and now believes fundamentally in the right to bear arms. He knows, even led in that Gun owners are relentlessly and unfairly demonized. Exact quote. "I've seen firsthand on the ideological hatred of guns and the people that are relentlessly and unfairly DEMONIZED." This was a Leader of a gun grab organization, who has flipped to the PRO gun right side. i he peak of gun violence was 2UO3, as per i✓DC. Since then there has oeen a 43wfo decrease in gun violence. It continues to fall in all areas where 2A communities are least restrictive. I am saying that those legislation have been proven by CDC and FBI numbers to NOT be effective. Aicn Fri iika fin hrinn fin noint t Pf rACtrir_.tiva 1pmtq of transnnrtntinn and rarnnnP of firearms is in the Supreme court TODAY. Supreme Court is expected to vote heavily on the gun rights side. Which would put the efforts of this council and state legislation in the wrong, and unconstitutional side. Are you really wanting to vote for restrictive ruling that, in hours away will be deemed unconstitutional? t US is 10J "e u{ ai aeast -r peution u lat nave f ea z e E eu aim `-�Upo�mie wufll, Qlthrdi -�i et ictuCie Massachusetts Petition, concerning magazine capacity. Which states Like Colorado are re visiting their capacity bans, again to be sided with pro -gun rights. % .- v 4i �zz acee vztF��F Fa v�zssE cv�-. i_ti;e[�e.F� �ei7 � vsze F:r 6avUZr zF Qa In comparison with "Public safety" you cannot look at only one side, Suicide, homicide and gang activity. You must weigh the other side, how many lives have guns saved. Gun deaths numbers your used to seeing are in 201 j where they ciaim the highest gun deaths in recent history, is 39,773 -gun deaths. If the source was honest, they would share that 26,250 were suicide. 13,523 were homicide numbers and self- defensive usage. If you want to reduce what you call gun violence STOP SUICIDES! it' c wiriply rQnnopri iil, t A_.n '2f;n nnn fin �_!; m tiinn fi mac a vPar ni_inc warp i_mpri in .cPtf- defense.j Due to in accurate police reports and methods of filing report it's a hard number to be precise about. In self defense usage most police reports don't file under self - defense usage, and sometimes the assailant ran off without use of firearms. At minimal 250,000 times year men and women of all races were able to stop rape, u c [ a, ai iia i i3uiz ui� rcz:L y uu i z bite scs sso c es: s Ica c Y a preservation usage far outweighs the evil usage. To wrap it up proposed legislation have been tried before, deemed ineffective at end goals, reducing gun violence. These same legislations are in Supreme court and previous federal courts are expected to deem the proposed legislation to be Unconstitutional! Guns used to kill in illegal actives don't even make up 1/8 of guns used in self- defense. Former leaders in Gun grab organizations have come out publicly, by their own free will, to declared that these legislations are not bound in actual facts and are driven in misconception ana Ties. Stop demonizing the poverty stricken and middle- income family's Constitutional right, as written on Federal and State levels. For links to FBI and CDC studies that prove everything I have said Email me at: Matthewb�7a libertyreport.co -Rt t T40N OF CAMPBELL iti UNTY SOARD,01`8UPERVISORS WHEREAS, the Second Amendment of the United States Constitution reads: "A well rpquiated Militia, beinq necessary to the securitv of a free State, the right of the people to keep and bear Arms, shad not be infringed." And, WHEREAS, Article I, Section 13, of the Constitution of Virginia provides "that a well regulated militia, comprised of the body of the people, trained in arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to -Keep and bear arms strait not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power;" and, WHEREAS, certain legislation introduced in the 2019 session of the Virginia VIIlvi Chi% J3�✓iIikik i, - ....a fi 1 VV f IC.�CIi f iyi0fi7 CiVi 1 if li.i lJ iiUi,el.f iii it fy VUi 11 If. \7Gi3i71t, i 1 V i CI f4�j United States Congress could have the effect of infringing on the rights of law abiding citizens to keep and bear arms, as guaranteed by the Second Amendment of the United States Constitution; and, WHFRFAS, tha (''PmnhA11 Crf infv Rnarri cif Riinprvi-znm wichPC fin PxnrPCC itc deep commitment to the rights of all citizens of Campbell County to keep and bear Arms; and, WHEREAS, the Campbell County Board of Supervisors wishes to express opposition to any law that would unconstitutionally restrict the rights under the Second Armer dment of the citizens of Campbeil iJ ounty to -Dear arras; and, WHEREAS, the Campbell County Board of Supervisors wishes to express its intent to stand as a Sanctuary County for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the Commonwealth of II -.a_ 1. .a.' -a -I.e _'. _a_ __I a.- Y if 11 if U, iii iii 1 i1Ji CV lV C.il it+iJi I Uli.i iliJf Igiia/ i +3ii IVC OU Vi { i if iits7, fat i4 iv i,1 i5G iG ql i 1 f�ii -Ii ia� f C its disposal to protect the right of the citizens to keep and bear arms, including through legal action, the power of appropriation of public funds, and the right to petition for redress of grievances. AIt)W THF_RFF()RF_, RI= IT RFCt)I VFn RY THE ROARn nI= RI IPFRV_I_S0RS OF CAMPBELL COUNTY, VIRGINIA: That the Board of Supervisors hereby expresses its intent to uphold the Second Amendment rights of the citizens of Campbell County and its intent that public funds of the County not be used to restrict Second Amendment rights under the Second Amendment of the citizens of t ampbeii County to bear arms; ena, That the Board of Supervisors hereby declares its intent to oppose unconstitutional restrictions on the right to keep and bear arms through such legal means as may be expedient, including without limitation court action; and, That tree Boafra of Supervisors Hereby decla'r'es t ampaeif 'GQUnty, Virginia, as a "Second Amendment Sanctuary ". .3= To: Mathew Donahue <mzdtmp2 @yahoo.com >, AACII Re: [EXTERNAL] 2nd Amendment Sanctuary City This will acknowledge receipt of your email regarding Roanoke City being a sanctuary City for the 2nd amendment. The matter will be heard by the Council at its 2:00 p.m. session today. Please be advised that your comments will be shared with the Council for the record. Stephanie M. Moon Reynolds, MMC City Clerk (540) 853 -2541 (Work) (540) 853 -1145 (Fax) stephanie.moon @roanokeva.gov Mathew Donahue Dear Sherman P. Lea, Sr., I, Mathew Z From: Mathew Donahue <mzdtmp2 @yahoo.com> To "mayor @roanokeva.gov" <mayor@roanokeva.gov> Date: 12/02/2019 10:50 AM Subject: [EXTERNAL] 2nd Amendment Sanctuary City Dear Sherman P. Lea, Sr., 12/02/2019 10:50:00 AM I, Mathew Z. Donahue, a resident of Roanoke City, Virginia, located at 113 Sycamore Ave NE, Roanoke, Virginia 24012 , 5109, am in support in establishing Roanoke City as a 2nd Amendment Sanctuary City. Included bellow is a link to Virginia Citizens Defense League's Resolution. Thank you for your time and efforts, and have a safe, productive day! Mathew Z. Donahue https://www.vcdl.org/resources/Resources/Model—Resolution.docx Page I of 1 [EXTERNAL] Second amendment sanctuary Chris Radford to: mayor 12/02/2019 01:28 PM Hide Details From: Chris Radford <cradf6rd512ggma1l.com> To: mayor@roanokeva.gov To whom it may concern I want to plead with you on making Roanoke city and county a second amendment sanctuary..we are not extremists We are red blooded Americans that legally and resepectfully execute our right to carry and bare arms against enemies foreign and domestic ... if you take our right to bare arms I'm pretty sure the crime rate against innocent people will rise ...I'm pleading with you to make Roanoke a second amendment sanctuary file: / / /C:/ Users /smmoon/AppData/ Local /Temp /notesB4EF35 /—webO878.htm 12/2/2019 [EXTERNAL] 2A Sanctuary Kevin Hoag to: mayor 12/01/2019 10:43 AM Hide Details From: Kevin Hoag <kevin.hoag @ic loud. com> To: mayor @roanokeva.gov History: This message has been forwarded. Mr. Lea, Page 1 of 1 3. I am a New Jersey resident & I future Virginia resident. My family is about 12 months away from moving to the beautiful Roanoke area. As a future resident & a VCDL member, I am writing you in support of making Roanoke County a 2nd Amendment Sanctuary county! As a New Jersey resident, I cannot warn you strongly enough about protecting your rights from a state that is looking to take them away from Virginia residents! I just wanted to voice my opinion on the matter & look forward to relocating my family to beautiful Virginia! Thank you for hearing me. Kevin Hoag 300 Herbert Ave Old Bridge NJ 08857 Sent from my Whone file: ///C:/ Users /smmoon/AppData/ Local /Temp /notesB4EF35 /— web5238.htm 12/2/2019 Page 1 of 1 3 [EXTERNAL] 2nd Amendment Ted Ouimette x;►' to: anita.price 12/02/2019 10:42 AM Hide Details From: Ted Ouimette <rndygiles @gmx.com> To: anita.price @roanokeva.gov Please take into consideration and vote for making Roanoke City a sanctuary city for the 2nd amendment. Our founders thought this right was so important to a free and just society that it was 2nd on the list. Please allow our city to let the people in northern virginia and DC know that our city believes that this right is fundamental to keep our country the best country in the world. Thank you and I'm including a resolution from VCDL.org to help as a blue print for this vote. https: //www.vcd1.org/resources/Resources/ModeI Resolution.docx Ted Ouimette Data /Local /Tem /notesB4EF35 /— web2285.htm 12/2/2019 fi 1P • / / /(' � /i lsers /smmoon/App p Page 1 of 1 15 [EXTERNAL] 2nd Amendment Ted Ouimette to: anita.price 12/02/2019 10:42 AM Hide Details From: Ted Ouimette <mdygiles@gmx.com> To: anita.price@roanokeva.gov Please take into consideration and vote for making Roanoke City a sanctuary city for the 2nd amendment. Our founders thought this right was so important to a free and just society that it was 2nd on the list. Please allow our city to let the people in northern virginia and DC know that our city believes that this right is fundamental to keep our country the best country in the world. Thank you and I'm including a resolution from VCDL.org to help as a blue print for this vote. https://www.vcdl.org/resources/Resources/Model Resolution.docx Ted Ouimette f,le•U /C- /I Tsers /smmoon/AapData /Local /Temp /notesB4EF35 /— web9175.htm 12/2/2019 3. [EXTERNAL] Please support the Second Amendment Sanctuary City Resolution to be discussed today bill.bestpitch, joseph.cobb, michelle.davis, M )rl 1 fa ;i;; trish.white -boyd, mayor, djuna.osborne, 12/02/2019 01:18 PM anita.price Mark Hamill <hamillm @mac.com> bill.bestpitch@roanokeva.gov, joseph.cobb@roanokeva.gov, michelle.davis@roanokeva.gov, trish.white- boyd @roanokeva.gov, mayor @roanokeva.gov, djuna.osborne@roanokeva.gov, anita.price@roanokeva.gov 1 attachment JACS 2019 Hamill Concealed Carry and Homicides and Violent Crime.pdf To the Members of the Roanoke City Council - I am writing to respectfully urge your support for the Second Amendment Sanctuary City resolution to be discussed today at the Roanoke City Council Meeting. As a former Police Officer and current Trauma Surgeon who frequently treats the victims of violence - including gun violence - I know very well that attempts to strip law abiding citizens of their rights under the constitution will do NOTHING to fight crime or decrease the injuries related to intentional violence. In fact, I am concerned that many of the proposals the our governor is pursuingregarding firearms may actually lead to an overall increase in violence throughout the commonwealth. I actively research this issue - and have attached a copy of one of my recent publications which may be of interest. If you have any questions please feel free to contact me! Thank you for you consideration! If you have any questions please feel free to contact me. Mark Hamill, MD Trauma Surgeon / Surgical Intensivist - Carilion Roanoke Memorial Hospital Associate Professor - Virginia Tech Carillon School of Medicine hamillm(?.�mac.com mehamill a,carilionclinic.org ORIGINAL SCIENTIFIC ARTICLES FROM THE ACS SCIENTIFIC FORUM 2018 State Level Firearm Concealed -Carry 14) Check for updates Legislation and Rates of Homicide and Other Violent Crime Mark E Hamill, MD, FACS, FCCM, Matthew C Hernandez, MD, Kent R Bailey, PhD, Martin D Zielinski, MD, FACS, Miguel A Matos, DO, Henry J Schiller, MD, FACS BACKGROUND: Over the last 30 years, public opinion and state level legislation regarding the concealed -carry of firearms have shifted dramatically. Previous studies of potential effects have yielded mixed results, making policy recommendations difficult. We investigated whether liberalization of state level concealed -carry legislation was associated with a change in the rates of homicide or other violent crime. STUDY DESIGN: Data on violent crime and homicide rates were collected from the US Department of Justice Uniform Crime Reporting Program (UCR) and the Centers for Disease Control and Preven- tion (CDC) over 30 years, from 1986 to 2015. State level concealed -carry legislation was evaluated each study year on a scale including "no carry," "may issue," "shall issue," and "un- restricted carry." Data were analyzed using general multiple linear regression models with the log event rate as the dependent variable, and an autoregressive correlation structure was assumed with generalized estimating equation (GEE) estimates for standard errors. RESULTS: During the study period, all states moved to adopt some form of concealed -carry legislation, with a trend toward less restrictive legislation. After adjusting for state and year, there was no significant association between shifts from restrictive to nonrestrictive carry legislation on violent crime and public health indicators. Adjusting further for poverty and unemployment did not significantly influence the results. CONCLUSIONS: This study demonstrated no statistically significant association between the liberalization of state level firearm carry legislation over the last 30 years and the rates of homicides or other violent crime. Policy efforts aimed at injury prevention and the reduction of firearm - related violence should likely investigate other targets for potential intervention. U Am Coll Surg 2019;228:1 -8. © 2018 by the American College of Surgeons. Published by Elsevier Inc. All rights reserved.) Public interest regarding violence and its specific associa- tion with firearms is currently high. Previous reports have provided in depth analyses and determined factors that Disclosure Information: Nothing to disclose. Presented at the American College of Surgeons 104th Annual Clinical Congress, Scientific Forum, Boston, MA, October 2018. Received July I, 2018; Revised August 10, 2018; Accepted August 14, 2018. From the Department of Surgery, Carilion Clinic and Virginia Tech Car- ilion School of Medicine, Roanoke, VA (Hamill, Mates); and the Division of Trauma, Critical Care, and General Surgery (Hernandez, Zielinski, Schiller), and Department of Health Sciences Research (Bailey), Mayo Clinic, Rochester, MN. Correspondence address: Mark E Hamill, MD, FACS, FCCM, Carilion Chnic/Virginia Tech Carilion School of Medicine, Medical Education Building 329, 1906 Belleview Ave, Roanoke, VA 24014. email: h.intillmi� +rnac.a�m; mrh,�niilk��cirili,mclinicnry © 2018 by the American College of Surgeons. Published by Elsevier Inc. All rights reserved. were associated with firearms and violent crime and homi- cide; however, these results of different studies have been inconsistent, even diametrically opposite.' ' Although such inconsistent findings seem impossible, much of the reason may lie in the details of the statistical analysis used in the various studies. Although much research on this topic has been done, many are concerned that large scale efforts are hampered by federal legislation, which holds that the US Centers for Disease Control and Pre- vention (CDC) and National Institutes of Health funding could not be used to "advocate or promote gun control. " Due to the interpretation and implementation of this legislation, federal funding for research efforts into fire- arms violence can be difficult to obtain. In the US, the right to bear arms is guaranteed by the Second Amendment to the Constitution and has been hops j jdoi.orj "i0.10' 6i .;arncollsurg.201S.05.69 -'l 1 ISSN 1072- 7515/18 Hamill et al Concealed -Carry Legislation and Crime Rates construed by the US Supreme Court in the landmark case District of Columbia v Heller as a fundamental individual right." However, the Heller decision also made it clear that this right can be subject to limitations including restricting the possession of firearms by felons and persons with certain forms of mental illness. An unresolved consti- tutional question remains the carrying of firearms by civil- ians outside the home. Both legal review and public opinion remain significantly divided on this issue. Despite the controversy, state level concealed -carry laws are becoming more prevalent,- and by a conservative esti- mate, more than 16.3 million Americans have permits to carry concealed firearms.' Proponents of concealed -carry cite associations with decreasing crime' and the wide- spread defensive use of firearms." Opponents raise issues such as the potential for increased crime by those carrying weapons, "' and associations with increased homicide rates. Given the inconsistency of previous studies and the continued shift toward more liberal state concealed -carry legislation, we investigated whether liberalization of state level concealed -carry legislation was associated with a change in the rates of homicide or other violent crime using a rigorous statistical method that would more accu- rately capture the precision of the estimated association. We hypothesized that there would be no association be- tween the rates of homicide or other violent crimes and changes in state level concealed -carry legislation status. Realizing these objectives would illuminate areas for future research as well as meaningfully contribute to cur- rent public discourse. METHODS This was a retrospective analysis of national and publicly available data that made use of changes in state -level concealed -carry legislation during the study period. The aim was to assess the relationship between legislative status and the firearm- related homicide and violent crime rates nationally during the period of 1986 to 2015 —a period during which a dramatic change in state level concealed - carry legislation took place. This study was reviewed by the Institutional Review Board of the Mayo Clinic and determined not to constitute human subjects research because it uses only publicly available, de- identified data. Databases used For the years from 1986 to 2015, data regarding concealed -carry legislation, crime rates, and public health statistics were collected from a variety of publicly available sources including the US Department of Justice Uniform Crime reporting system, and the US CDC and J Am Coll Surg Prevention Web -Based Injury Statistics Query and Reporting System. We obtained data concerning potential confounders, specifically, poverty and unemployment rates, from the US Census Bureau and US Department of Labor Bureau of Labor Statistics. State -level legislation regarding civilian concealed -carry was examined from all 50 states and the District of Columbia for each year over the study period. Changes in legislative status were considered to have occurred in the year the legislation was enacted. Data were obtained from a variety of different sources including text of state legislation, previous publications,'' and media and internet sources.' ' The restrictiveness of state concealed - carry legislation was divided into 4 broad categories: No Carry, in which no mechanism exists for legal civilian concealed -carry of firearms; May Issue, in which a mech- anism exists for issuance of concealed -carry permit, but the process is subject to the discretion of issuing authority and may be arbitrarily denied in some jurisdictions; Shall Issue, in which a concealed -carry permit must be issued unless a disqualification exists; and Constitutional or Unrestricted Carry, in which concealed -carry is allowed without a permit unless a disqualification exists. This was analyzed as an ordinal scale (1 to 4). To allow for further binary analysis, concealed -carry legislative restric- tions were also considered in two broad groups: Restric- tive (encompassing No Issue and May Issue) and Non - Restrictive (Shall Issue and Unrestricted Carry). Data on state -level crime were obtained from the US Department of Justice Uniform Crime Reporting (UCR) program." The UCR program, established in 1929, collects information on crimes reported to law enforcement agencies for a variety of violent and nonvio- lent crime categories including murder, rape, robbery, aggravated assault, burglary, and larceny. Crime data were obtained on overall violent crime, murder, rape, rob- bery, aggravated assault, and overall nonviolent crime for each state and the District of Columbia for each year of the study period. Specific public health data regarding homicide and firearm homicide rates were obtained from the CDC Web -Based Injury Statistics Query and Reporting System.'' State level data regarding homicides and firearm homicides were collected for each state and the District of Columbia for each year of the study period. To account for major societal factors that could act as confounders for any effect, we also examined rates of poverty and unemployment, two well described factors known to influence crime." " Yearly poverty data for each state were obtained from the US Census Bureau.''' Unemployment statistics over the study period were Vnl_ 99R. No_ 1. January 2019 Hamill et al Concealed -Carry Legislation and Crime Rates obtained from the US Department of Labor Bureau of Labor Statistics."' Statistics Data were analyzed in SAS (SAS Institute Inc) using gen- eral multiple linear regression models, with Y being the log of the event rate and fitting main effects for each unique state and year. In this way, each state acted as its own control, ie, only deviations from within -state aver- ages. Furthermore, the overall trends in crime rates that were consistent across states were filtered out by the removal of the "year" main effects. This allowed analysis of state -to -state variation in the timing and extent of legislative status changes insofar as these influenced the yearly deviations of each state from the overall trends. Legislative status, the primary predictor variable of inter- est, was analyzed both as a scale (No Issue, May Issue, Shall Issue, and Unrestricted), and as a binary variable nonrestrictive (Shall Issue or Unrestricted Carry) vs restrictive (May Issue or No Carry). To allow for nonindependence among the serial obser- vations within a state, an autocorrelation structure was implemented with a generalized linear model (GEN- MOD procedure in SAS) using generalized estimating equations (GEE) estimates for standard errors. The stan- dard errors obtained were approximately twice as large as those assuming independence, demonstrating the impor- tance of allowance for this autocorrelation structure. In ef- fect, nearby years for a given state do not provide independent information on the effect of that state's leg- islative status. RESULTS Over the 30 -year period between 1986 and 2015, com- plete data on 14 variables for each state and year were available. Variables for analysis included carry legislation scale (1 to 4), binary carry restrictions, UCR homicide rate, UCR violent crime rate, UCR rape rate, UCR rob- bery rate, UCR aggravated assault rate, UCR burglary rate, CDC homicide rate, CDC firearm homicide rate, unemployment rate, and poverty rate. Complete data were available for all states and the District of Columbia. This resulted in 21,420 discrete data points for analysis. During the study period, there was a dramatic shift in state level concealed -carry legislation, with a trend toward less restrictive legislation (Table 1). By the end of the study period, all states had adopted legislation allowing civilian concealed -carry in some form. At the beginning of the study period in 1986, 42 states (82.4 %) had signif- icant restrictions on civilian concealed -carry, with 16 states (31.4 %) not allowing it whatsoever. However, by 2015, all states had at least some mechanism to allow civilian concealed -carry in place, with 42 states (82.4 %) either requiring issuance of concealed -carry permits or allowing unrestricted carry except for disqualified individuals. The results of our regression analysis considering the scale of concealed -carry legislation are summarized in Table I When adjusted for state and year, the association between the scale level of carry legislation permissiveness and all UCR crime rates analyzed was not significant for any variable including homicide (p = 0.96), violent crime (p = 0.44), rape (p = 0.46), robbery (p = 0.14), aggravated assault (p = 0.77), and burglary (p = 0.78). Similarly, when examining CDC public health data, asso- ciations were not significant for either homicides (p = 0.16) or firearm homicides (p = 0.30). When adjusting for poverty and unemployment, small changes were seen in the regression results. For example, the unadjusted CDC homicide regression coefficient was 0.0330 ± 0.0233, such that every level of permissiveness was associ- ated with a 3.3% higher rate. When additionally adjusted for poverty rate and unemployment rate, the effect was 3.1 %f2.4 %(p= 0.19). 'Fable 3 summarizes the results when analyzing the level of carry legislation permissiveness as the binary variable restrictive vs nonrestrictive. When adjusted for state and year, the association between the binary carry legislation permissiveness and all UCR crime rates and CDC public health data analyzed was not significant for any variable including homicide (p = 0.92), violent crime (p = 0.33), rape (p = 0.96), robbery (p = 0.17), aggravated as- sault (p = 0.51), burglary (p = 0.85), CDC homicide (p = 0.23), and CDC firearm homicide (p = 0.19). Further adjustments for poverty and unemployment slightly changed the regression coefficients. Again, using CDC homicide as an example, the unadjusted effect was 4.41% f 3.7% (p = 0.23), and when further adjusted for poverty and unemployment, was 4.2% =L 3.7% (p = 0.26). Overall, there was no statistically signif- icant association for any tested crime or public health var- iable with a change in the level of concealed -carry legislation restrictiveness either as a scale or binary vari- able. In addition, although small changes in the regression coefficients were noted, additional adjustments for either poverty or unemployment did not significantly affect the outcome for any data point. DISCUSSION Firearms violence and gun control are highly publicized and politicized in US society today. From the widespread media attention related to mass shootings, to the 4 Hamill et al Concealed -Carry Legislation and Crime Rates J Am Coll Surg Table 1. State Level Concealed -Carry Legislation by Year Year No carry May issue Shall issue Unrestricted carry 1986 16 26 8 1 Restrictive legislation, n ( %) Nonrestrictive legislation, n ( %) 42 (82.4) 9 (17.6) 1987 16 25 9 1 41 (80.4) 10 (19.6) 1988 16 25 9 I 41 (80.4) 10 (19.6) 1989 15 22 13 1 37 (72.5) 14 (27.5) 1990 14 21 15 1 35 (68.6) 16 (31.4) 1991 14 20 16 1 34 (66.7) 17 (33.3) 1992 14 20 16 1 34 (66.7) 17 (33.3) 1993 1994 14 20 16 1 13 18 19 1 34 (66.7) 31 (60.8) 17 (33.3) 20 (39.2) 1995 9 14 27 1 23 (45.1) 28 (54.9) 1996 8 12 30 1 20 (39.2) 31 (60.8) 1997 8 12 30 1 20 (39.2) 31 (60.8) 1998 8 12 30 1 20 (39.2) 31 (60.8) 1999 8 12 30 1 20 (39.2) 31 (60.8) 2000 8 12 30 I 20 (39.2) 31 (60.8) 2001 8 11 31 1 19 (37.2) 32 (62.7) 2002 8 11 31 1 19 (37.2) 32 (62.7) 2003 6 9 34 2 15 (29.4) 36 (70.6) 2004 5 9 35 2 14 (27.5) 37 (72.5) 2005 3 9 37 2 12 (23.5) 39 (76.4) 2006 3 9 37 2 12 (23.5) 39 (76.4) 2007 3 9 37 2 12 (23.5) 39 (76.4) 2008 3 9 37 2 12 (23.5) 39 (76.4) 2009 3 9 37 2 12 (23.5) 39 (76.4) 2010 3 9 36 3 12 (23.5) 39 (76.4) 2011 2 8 37 4 10 (19.6) 41 (80.4) 2012 2 8 37 4 10 (19.6) 41 (80.4) 2013 1 8 37 5 9 (17.6) 42 (82.4) 2014 0 9 37 5 9 (17.6) 42 (82.4) 2015 0 9 35 7 9 (17.6) 42 (82.4) increasing number of media reports of defensive use of rank high, with a large number involving firearms.`" firearms, the exact role of firearms in our society is widely Because firearm violence is under intense scrutiny, the debated. Over the past 10 years, CDC data continue to debate over effective public policy requires accurate and demonstrate that unintentional injury is the leading cause lucid findings that synthesize large amounts of epidemio- of death in young adults, but homicides and suicides also logic data. Table 2. General Multiple Linear Regression Model for Carry Scale (No Issue, May Issue, Shall Issue, Unrestricted) X- variable Y- variable Coefficient SE p Value Adjustment variable Carry scale Log (UCR homicide) 0.0014 0.0254 0.96 State, year Carry scale Log (UCR violent crime) - 0.0054 0.0070 0.44 State, year Carry scale Log (UCR rape) 0.0086 0.0118 0.46 State, year Carry scale Log (UCR robbery) - 0.0178 0.0123 0.15 State, year Carry scale Log (UCR aggravated assault) - 0.0022 0.0074 0.77 State, year Carry scale Log (UCR burglary) 0.0023 0.0082 0.78 State, year Carry scale Log (CDC homicide) 0.0330 0.0233 0.16 State, year Carry scale Log (CDC firearm homicide) 0.0274 0.0263 0.30 State, year CDC, Centers for Disease Control and Prevention; UCR, Uniform Crime Reporting system. Vol. 228, No. 1, January 2019 Hamill et al Concealed -Carry Legislation and Crime Rates Table 3. General Multiple Linear Regression Model for Carry Binary (Restricted vs Non - Restricted) X- variable Y- variable Coefficient SE p Value Adjustment variable Restriction binary Log (UCR homicide) — 0.0040 0.0400 0.92 State, year Restriction binary Log (UCR violent crime) — 0.0105 0.0107 0.33 State, year Restriction binary Log (UCR rape) — 0.0008 0.0168 0.96 State, year Restriction binary Log (robbery) — 0.0273 0.0201 0.17 State, year Restriction binary Log (UCR aggravated assault) — 0.0070 0.0106 0.51 State, year Restriction binary Log (UCR burglary) 0.0028 0.0151 0.85 State, year Restriction binary Log (CDC homicide) 0.0441 0.0370 0.23 State, year Restriction binary Log (CDC firearm homicide) 0.0632 0.0486 0.19 State, year CDC, Centers for Disease Control and Prevention; UCR, Uniform Crime Reporting system In this study, our results demonstrate that state legisla- tive changes have resulted in increased liberalization of the concealed -carry permits process. As these laws have increased the ability of civilians to purchase and legally carry firearms outside of the home, one logical argument could be that increased homicide and violent crime rates would follow. However, after adjusting for several popu- lation and demographic factors, we demonstrated that the rates of homicide and violent crime were not significantly increased after state laws were passed making access to concealed -carry permits less restricted. These important findings should inform further public policy research to help determine root causes and solutions to firearm - related homicide and violent crime in the future. In the US, the ability to possess firearms is considered a fundamental individual right, albeit subject to some re- strictions." However, even some restrictions, such as mental illness, are being increasingly scrutinized by the courts" and the medical profession." Less clear is the role of concealed -carry of firearms by civilians. Legal scholars and courts are split on the constitutional necessity of allowing civilian concealed -carry outside the home" ' and the US Supreme Court has not, as of yet, weighed in on the issue. Nevertheless, over the last 30 years, every state, as well as the District of Columbia, has adopted some form of legislation allowing some form of legal civilian concealed firearm carry. By conservative estimates, across the country, more than 6.5% of the adult popula- tion has a permit to carry a concealed firearm, and in some states, this number is as high as 20 %.' It is also clear that public interest in concealed -carry is accelerating. One recent study noted a significant growth in concealed -carry permit applications in the 5 states examined." Another review demonstrated that during the 10 -year period from 2007 to 2016, the number of concealed -carry permits across the country dramatically increased, by 256 %.� It should be noted that these numbers likely significantly underestimate concealed - carry, as many states have adopted unrestricted or constitutional carry legislation, where permits are not needed. Of those who can carry a concealed handgun, it is estimated that about 9 million Americans carry at least monthly, with 3 million carrying daily.2" Public opinion regarding concealed -carry also appears to be shifting. A recent Gallup poll indicated that 56% of the respondents believed that the US would be safer if more citizens carried concealed weapons.`` In addition, an increasing percentage believe that the presence of guns make a home safer: 63% in 2014 up from 35% in 2000." Although these general polls show an improvement in public opinion regarding firearms and concealed - carry, these opinions are not universal. Wolfson and colleagues'- demonstrated a large discrepancy toward concealed -carry restrictions between gun owners and nonowners, including both the ability and locations where concealed -carry should be permitted.`' It is also clear that options on gun owner- ship and acceptable use vary widely based on gun owner- ship, political affiliation, and sex." One major question involves the potential deterrent ef- fect of concealed -carry. It is increasingly clear that those with concealed -carry permits do use their weapons defen- sively, but the exact number and characteristics of these incidents are in question. Estimates of annual defensive use of firearms vary widely, from as low as 64,615'' to as high as 2.5 million.` In addition, rates of defensive gun use may vary significantly between urban and rural areas. `° It is clear that defensive use of firearms often does not involve the actual discharge of a firearm, and in many cases, may go unreported to law enforcement. However, civilian defensive use of firearms can involve high profile situations. In the most recent analysis of mass shooting events, the US Department of Justice noted that in 20% of incidents, civilians engaged the shooter, and in 10% of incidents, civilians with concealed -carry permits were successful in stopping the shooting and pre- venting further injuries and loss of life.' Despite this, debate regarding the role of a civilian with a concealed -carry permit continues. Estimates range from Hamill et al Concealed -Carry Legislation and Crime Rates a major deterrent effect,':` to an effect only when allowing some form of concealed -carry in no issue states," to no deterrent effect whatsoever. '` One study found no effect for concealed -carry on deterrence of mass shootings. "` Another suggested that concealed -carry may be a method to decrease the incidence of sexual violence against women." The Eastern Association for the Surgery of Trauma, in a review of concealed -carry laws and firearm violence prevention, could not make a recommendation regarding concealed -carry legislation due to the lack of data." Overall, this issue remains unresolved, but it is clear that many Americans feel that gun ownership en- hances their safety. 31 Another area of controversy involves the potential for crimes committed by those who are legally carrying fire- arms. One organization, the Violence Policy Center, maintains a watch list of "concealed -carry killers," which reports on crimes in which individuals with concealed - carry permits have been accused or convicted. As of June 2017, they reported more than 1,000 non -self- defense deaths involving individuals who had obtained concealed -carry permits. However, serious concerns have been raised regarding the methodology and accuracy of the Violence Policy Center data.'` In fact, several studies have shown that the rate of crime committed by those with concealed -carry permits is actu- ally low compared with the general population, but it does demonstrate a trend toward some specific offenses.'" Another study of concealed -carry holders in Texas and Florida demonstrated that the civilians with concealed - carry permits have an arrest and conviction rate one - sixth that of police officers.' Looking specifically at fire- arms violations, concealed -carry permit holders have been shown to commit these at a rate less than one - seventh that of police officers. Given the inconsistent results of previous studies exam- ining the potential effects of concealed -carry on crime, questions have been raised as to what the true effect is. Although some demonstrate decreased violent crime," " '" others have shown increases including firearm- and handgun- related homicides,''' and still others demon- strate mixed results.` !' How can data demonstrating low rates of crime among concealed -carry permit holders be reconciled with studies that suggest higher crime rates with concealed -carry? One study looking at this phenom- enon questions the potential cause and effect and suggests that the increased interest and prevalence of concealed - carry may be a result of increased crime, rather than a cause. '° Khalil and colleagues` found that the source of firearms may be a major issue, with a strong association between illegally obtained firearms and subsequent homi- cides and aggravated assaults. J Am Coll Surg In terms of statistical methods, many inconsistencies found in previous studies may be the result of the statis- tical modeling used in the analysis of the data. In this study, a rigorous statistical model was used to potentially eliminate significant errors in estimating the effect and its precision. The dataset consisted of 1 observation per state and District of Columbia per year during the study period. The dataset was complete and there were no missing observations. For each observation, the variables to be predicted (after log transformation) were the UCR homicide rate, UCR violent crime rate, UCR rape rate, UCR burglary rate, UCR aggravated assault rate, CDC homicide rate and the CDC firearm homicide rate. Legis- lative status (as an ordered scale with 4 levels and as a bi- nary level) was the predictor variable of interest, and poverty rate and unemployment rate were adjustment variables. The primary "adjustment variables" were the effects of year and state considered as unique additive "main effects." By considering these main effects in the model, the analysis, in essence, considers the deviations of each state's pattern of event rates from the overall pattern of event rates across states, and it also removes the overall state -to -state variation in mean rates. In summary, we removed both the state -to -state varia- tion in mean rates, and the global average year -to -year variation in these rates. In effect, the "residuals" derived were then analyzed for any association between legislative status and the residual log rate, adjusting for poverty level and unemployment rate. General linear regression with a repeated measures option that included an autoregressive correlation structure was used. Such a correlation struc- ture allows for the fact that state - specific yearly event rates that are close in time (or the log - residual rates) are likely to be autocorrelated, meaning that they do not provide in- dependent observations on the association between legis- lative status and event rates. The legislative status history is also highly autocorrelated because adjacent years are much more likely to share the same legislative status than widely separated years. An analysis that does not take into account this autocorrelation structure would be prone to overestimating the precision of the parameter estimates, by underestimating the standard errors. When we performed the analyses without making this adjustment, but assuming independence, the "correct" an- alyses resulted in standard errors that were approximately twice those of the naive analyses. This analysis was repeated using additional adjustment variables for poverty and unemployment; however, these did not significantly change the results. It is important to note that many of the variables, while not significant, did have effects that pointed in a similar direction. If a naive statistical approach had been used, significance would likely have Vol. 228, No. 1, January 2019 Hamill et al Concealed -Carry Legislation and Crime Rates been demonstrated. For example, if the naive and inaccu- rate assumption is made that all yearly observations within a state are independent of each other, then the association between the carry status and the CDC homicide rate is highly significant (3.5% ± 1.1% per level of liberalizing, p = 0.0011). This inaccurate assumption would lead to an inaccurate assessment of the level of evidence. Our study has several limitations. Foremost, we do not account for the number of people who actually obtain a permit and frequently carry a firearm, only for the avail- ability of a mechanism to obtain a concealed -carry permit. Data on number of permit holders is not universally avail- able, and in an increasing number of states, no permit is necessary to carry a concealed firearm. Furthermore, considering legislative changes to have occurred in the year legislation was enacted may potentially lead to under- estimation of the effect in the first year, especially if the legislation was enacted near the end of the calendar year. It is also possible that some lag in the effect of new legislative change exists; however, the legislative change occurred over a broad time frame, which may likely minimize this potential effect. In addition, we did not account for the effect of open carry, where a person can legally carry a firearm as long as it is exposed and not concealed. This practice is legal in most states, subject to some limitations, but remains relatively uncommon. We also did not consider the overall effect of increasing firearm ownership because this will be a topic of future research. Another limitation comes directly from the crime and injury data itself. Many local and national events can influence crime rates, and it is exceedingly diffi- cult, if not impossible, to adjust for every covariate using national public data. The statistical methods attempted to minimize these effects. Concerning violent crime, the re- sults cannot account for unreported crime or defensive use of firearms. This may underestimate the crime prevention potential of increased concealed -carry on homicide and other violent crime. Finally, given the nature of our study, we do not attempt to assign causation, only association. CONCLUSIONS This study demonstrates no statistical association between the liberalization of state level firearm carry legislation over 3 decades and the rates of homicides, firearm homi- cides, or other violent crime, using a rigorous statistical model. Given the inconsistencies in previous work, this study underscores the need for further research that eval- uates the causes of firearms violence. However, as stated in a recent publication from the Institute of Medicine and National Research Council, "The evidence generated by implementing a public health research agenda can enable the development of sound policies that support both the rights and the responsibilities central to gun ownership in the US. In the absence of this research, policy makers will be left to debate controversial policies without scien- tifically sound evidence about their potential effects. "' Based on our data, policy efforts aimed at injury preven- tion and the reduction of firearm- related violence should likely investigate other targets for potential intervention. However, in the end, it is clear that further high - quality research is needed to help our society make rational deci- sions to help minimize violence and loss of life. Author Contributions Study conception and design: Hamill, Hernandez, Bailey, Schiller Acquisition of data: Hamill Analysis and interpretation of data: Hamill, Hernandez, Bailey, Zielinski, Matos, Schiller Drafting of manuscript: Hamill, Hernandez, Bailey Critical revision: Hamill, Hernandez, Bailey, Zielinski, Matos, Schiller REFERENCES 1. N iciooal Research Council. Firearms and Violence: A Critical Re"'w'A. 1st ed. In: Wellfitrd CF, Pepper IV, Petrie CV, ed,k Wadmigtoti, DC_ National Academics Press; 2005. 2. 1 w JR. More Guns, I css Crime. 3rd et.l. Cht_a���: Uni�erisry of Chicago Pecs; 2010. 3. DM 1011L JJ. Shooting dawn the `m,nc duns, hss crimc" Itvpothcsis. SLanfurd Law Rcv 1'003;5s:119,1 1312. 4. Siegel M, Xuan T Ross (_1S, et al. G._tsiness of Ikw,,d access to concealed firearm permits and homicide rates in the United Staa °s. Am J Public Hcalth 20I?;10_-1923- 192'). 5. U.S. Congress. Omnibus Consolidated Appropriations Act, 1997, Public Law 104 -208. 104th Congress; 1996:110 Star. 3009. Available at: hrrps:Utru- v�.gpo. av/tdsy;/pkgiPLAW- 10 ipublZi ;tB!pdt71'LAW- 10- tpub1208.pdr. Accessed October 1, 2018. 6. United States Reports. District of COluntbit et Al. v. Heller, S,4, 2(08: 0. 7. Siegel NI, P,)hn K1, Xuan "L, et al. Firearm related laws in all 50 US Snares_ 1991 -2016. Am I PUbiiC Health '()1 ?;10?: 8. Lott JR. Concealed Carry Permit Holders Across the United States: 2017. Available at: hrtps:Us::rn.comlabsrctct- 3004915. Accessed October 1, 2018. 9. Klcck G, NI. Canyint; gums for protection: results from the nario wl :,elf - defense ._utvty, J Re., Crime Dehnq 1998:,;S: 19 -224. 10. Phillh), CD, NmuAu DK, et d `then concealed handgun licensees break bad: Criminal cote victions of concealed h.mdgun licensees in texas, 2001- 2009. Am I Public Health 2013;103:86 -91. 11. ( ;tamerr CE, KopcI Db. Sh,t11 issue: the new wavc;of concealed hand,,un permir hwu Fenn l.aw Rev 199$, 62:679_7�–­ 12. Dege J. Progress in concealed carry. Available at: htrp: / /tivsvw. �;uu -nu ttery.comirtc.php. Accessed November 1, 2017. Hamill et al Concealed -Carry Legislation and Crime Rates 13. United States Department of Justice, Federal Bureau of Inves- tigation. Uniform Crime Reporting (UCR) Statistics. Avail- able at: hrtps : / /v.µ�w.bjs.gov, /ucrdata /. Accessed November 3, 2017. 14. Centers for Disease Control and Prevention. CDC Web Based Injury Statistics Query and Reporting System (WISQARS). Available at: hops:// i= nv,�v. ctic. gov /itijtiryl�visgats /index,html. Accessed November 5, 2017. 15. Raphael S, Winter -Ebmer R. Identifying the effect of uncm- ploymenr on crime. I Law Lcon 2011;44:259 -283. 16. Sharkey P, Besbris NI, Friedson M. Poverty and crime. In: Brady D, Burton LM, eds. The Oxford Handbook of the Social Science of Poverty. Oxford Handbooks Online; 2016:1 -17. IT Krivo LI, Peterson RD. Labor market conditions ,and violent crime anion" youth and adults. Sociol 1'crspcct 200 =4;47: 485 -505. 18. United States Census Bureau. Historical poverty tables: people and families - 1959 to 2016. Available at: https: / /ccnsus.gov/ data /sables /time- series /demo/ income - poverty /historical -paver ty- people.html. Accessed December 4, 2017. 19. United States Department of Labor Bureau of Labor Statistics. Historical unemployment data by state. Available at: https: // darr.bls.gov %c,i- bin /dsrv. Accessed December 4, 2017. 20. Centers for Disease Control and Prevention. Leading causes of death reports. Available at: htrp,a /w v v.cdc. "ov /injury; v,i,yars /faraLhtnnl. Accessed June 20, 2018. 21, Feldaou, AR, Swanson J. Prohibition of pelso ns wida mental illness from gun ownership under Tyler. J Am Acrd Psychiatry Lave., 2017;4 5:478 -484. 22. Donnie RI, Appclbamn PS, Pivah DA. Lhc evolvin, position of the American I'svchiarrie Association on firearm policy (1993 - 2014). Bchav Sci Lavv 2015;33:178 -185. 23. Beim,, K. Packing heat: Judicial review of c.onceal ,d carry laws tinder the Sccond Amendment South Calif Law Rev 2016;89: 134­ 1400. 24 LnriPhr B. Fhe omstitutirunal terra incognita of ducrcrionarc concealed carne laves. Univ III Law Rcv 2015;2015:909 -958. 25. Griep,ma N. Concealed carry through common use: extending Heller's cnnsrirutional coustnrctiou. Geo ge Washing , Law Rcv 201 ';35:284 -31 1. 26. Nfoelle; N. The Second Amendment beyond the doorstep: con- sealed carr)� posy -f lellcr. Univ III Law Rev 2014;2014:1401 -1430. 27. Kopel DB, C, eenlee )GS. The Federal Circuits Secnnd Amendment Doctrines. Saint Louis University Lavv ( 2017; 61:191;-,i22. 28. Shapira H, Jensen K. Lin KH. i-crid, and patterns of con- cealed handgun liccn,e applications: a muftis ate analvsk. Soc Curt 2018;5:5 -14. 29. Rcnvhani- Rihhar A, Azrael D, L' yons VH, ec al. Loaded hand - -un carrying arnon� US adults, 2015. Am I Public Health 2017;10'( 12]:1930 -19;6. 30. Gallup. Gallup News Service Gallup Poll Social Series: Con- sumption Habits. Available at: It rtps :/ /1)c w,.gallup.aun /poll/ 1862o3/majority- sav-concealcd weapon, - aficr,a,px. Published 2015. Accessed June 18, 2018. 31. Lori IRJ, Mattser GA. Researcher perceptinns of lawful, con- cealed carry of handguns. Regulation 2016;(S1Jmmcr1:26 -;111. 32. Wolfson JA, Terer SP, Azrael D, Miller M. US public opinion Oil carrying firearms in public places. Am J Public Health 2017;1117:1)20 -1) ;7. J Am Coll Surg 33. Pew Research Center. America's complex relationship with guns. Washington DC; 2017. Available at: htrIO /assets. pcw research.org /wp- contentluploads /sites /3/2 0 17/06/061515 41 /Guns- Report - FOR- WEBSITL- PDF- 6- 21.pdf. Accessed June 20, 2018. 34. McDowall D, Wiersema B. The incidence of defensive firearm use by L1S crime victims, 1987 through 1990. Am J Public Health 1994;84:1982 -1984. 35. Klcck G, Gcrtz N1. Armed resistance to crime: the prevalence and nature of self defense wish a gun. J Crim L.avv Criminal 1995;86:1 SO -187. 36. Hemcnway D, Solnick SJ. The epidemiology of self - defense gun use: Evidence from the National Crime Victimization Sur- veys 2007 -2011. Prev Med (Balriaa) 2015;'9:22 -27. 37. U.S. Department of Justice. Active shooters incidents in the United States in 2016 and 2017. 2018. Available at: httpsJ/ vnnnv.(bi.gov /file - repository/ active - shooter- incidents- us -Z016- 201 7.pcif /view. Accessed June 20, 2018. 38. Baran A1. New evidence on the impact of cona°alcd carry weapon raw, on crime. Inc Rev Law Leon 2016;47:76 -83. 39. Portunarn D. Can easing concealed cam deter crime' Soc Sci Q 2015;96:1071 -1085. 40. Blau BM, Gorry DH, Wade C. Grins, laws and public shoo ings in the United States. App! ['coil 2016;48:4732 -4746. 41. Crepelle A. Concealed carry to reduce sexual violence against American Indian women. Kansas J I anv Public Policy 2017; 26:236 -261. 42. Crand.rll M, Lastrnan A, Violauo P, et al. Prevention of Firearm - related injuries with restrictive Iicensing and concealed carry laws: An Eastern Associarion fnr the Surgery of 7'raurrw systematic review. J 'I rauma Acute Care Sur, 2016;81: )52 -960. 43. C;rawer C. Vrolence polity center's concealed cu-ry killers: Ic„ than it appears. J Firearms I'ubhc Policy 2013 2):55 -95. 44. Moody CF I e ;tiny for the etfecrs of concealed weapon~ laws: s[wcifiearion errors and robustness. I Law Eton 2001,44: '99 -813. 45. Pla,smann F, Whidcy J. (_;onfirmin" "more guns, less Crime ". Stanford Lav, Rev 2003;55:1313 -1369. 46. Ayres 1, Don-1111c JJ. The latcsr misfires in support of the " more guns , less crime " lavpochesk. Stanford I aw Rcv 2003; 55:1 371 -1398, 47. Black DA, Na,in DS. Do right -to -carry lave deter violent crime? J Legal Stud 1998;21:209 -219. 48. Plassmann F, Tideman TN. Does chc right to carry concealed Ihandgum dery counrablc crini,s? only a count analv%is can say. J Law Lcon 2001,44:71 -79S. 49. Steidley T. Movements, malefactions, and munitions: determi- nants and effects of concealed carry laws in the United States. 2016. Available at. hops:' /std.olhiolink.eduir.etdsend_ file? accession 0sul= i6601)7307 &disposition= inline. Accessed October 1, 2018. 50. Khalil U. Do more guns lead to more crime: Under tandin; the role of illegal hrearms. J Lcon Behav Organ 20117;133: 342 -3o1. 51. Instirure of Medicine. National Research Council. Priorities for Rcascach to Reduce the Thrcac of Firearm- Related Violence. 1st ed. In: Leshner Al, Altevogr BM, Lee AF, plc( -.o }� iVIA, Kelley PV", cds. Washington, DC: The National Academies Pres; 2013. SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 Email: clerk@roanokeva.gov November 26, 2019 The Honorable Sherman P. Lea, Sr. Mayor Roanoke, Virginia Dear Mayor Lea: I am resigning from the following positions effective immediately: Council Members William D. Bestpitch Joseph L. Cobb Michelle L. Davis Djuna L. Osborne Anita J. Price Patricia White -Boyd • President and Director, Greater Roanoke Transit Company Board of Directors • Vice -Chair and Member, Audit Committee • Elected Official Representative, Virginia's First Regional Industrial Facilities Authority • Elected Official Representative, Virginia Municipal League, General Laws Committee I wish you and other Members of Roanoke City Council much success in fulfilling the duties and responsibilities of these positions. Sincerely, w-4�;�z X-,je4y441,_ William D. Bestpitch Council Member c: The Honorable Vice -Mayor Joseph L. Cobb and Members of Roanoke City Council Robert S. Cowell, City Manager Daniel J. Callaghan, City Attorney Troy A. Harmon, Municipal Auditor Stephanie M. Moon Reynolds, City Clerk # CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 2, 2019 Subject: Tax Exemption Public Hearing Request on Real and Personal Property of the Friendship House Roanoke, Inc. Background: Pursuant to the requirements of the Virginia Code, if the City Council wishes to consider the application of the Friendship House Roanoke, Inc. for tax - exempt status on real and personal property, Council must first conduct a public hearing. Friendship House Roanoke, Inc., a non - stock, non - profit corporation has applied for tax exemption of real and personal property located in the City, at 635 Elm Avenue, SW (Official Tax Map #1120519 and #1120520). Considerations: Friendship House Roanoke, Inc. is a non - profit organization that uses this property for an after school program four days a week, a weekly food pantry for those in need in the southwest neighborhood, as well as an apartment for refugee resettlement. This is a double lot; one with the building for refugee resettlement, and the other with the playground used by the children in the after school program. Recommended Action: This report is to request that a public hearing be authorized and advertised on the above matter for City Council's regular meeting on Monday, December 16, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine. �Ilk Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 2, 2019 Subject: Request Public Hearing to renew Lease of City -owned Property (Alexander -Gish House located in Highland Park at 641 Walnut Avenue, S.W.) to Old Southwest, Inc. Background: Since 1989, the City of Roanoke has leased the historic Alexander -Gish House (Gish House), located at 641 Walnut Avenue, S.W., and a portion of Highland Park which surrounds the Gish House to the Old Southwest, Inc. (OSW, Inc.) neighborhood organization. Since that time, OSW, Inc., has used its own resources to fully renovate and maintain the historic structure and has used it as its organizational offices, community meeting space, and created one rental residential dwelling unit on its second floor. OSW, Inc., has leased the Gish House from the City at a rental rate of $1.00 per year, and has been responsible for all utilities and maintenance /operational expenses. OSW, Inc. retains any and all revenue generated from the rental and use of the Gish House to help offset its expenses. The original lease expired in 1994, and subsequently has been extended for five year terms on mutual agreed upon terms. The City and OSW, Inc. executed a new lease in January 2015 and the current five -year term expires as of December 31, 2019. The January 2015 lease contains a provision to extend the lease upon its expiration for two additional terms of five years each subject to the approval of the City. The parties desire to extend the lease an additional five year term. Recommended Action: Authorize the scheduling of a public hearing at City Council's meeting on Monday, December 16, 2019, 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 renewal of the Alexander -Gish House Lease to Old Southwest, Inc.. Robert S. Cowell, Jr. City Manager Attachments Distribution Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Michael Clark, Director, Parks and Recreation Robert Ledger, Director Economic Development Cassandra L. Turner, Economic Development Specialist 2 NOTES: I. THIS PLAT IS COMPILED FROM A COMBINATION OF EXISTING RECORDS AND A FIELD SURVEY. 2. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THERE MAY EXIST ENCUMBRANCES NOT SHOWN WHICH AFFECT THE SUBJECT PROPERTY. 3. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS DESIGNATED BY FEMA MAP PANEL NO. 51161CO164G REVISED SEPTEMBER 28, 2007. 4. REFERENCE CITY OF ROANOKE PUN NO. 5798. rn S87' 62-r 25'E 124.0 CITY OF ROANOKE HIGHLAND PARK O a 641 WALNUT AVENUE. S.W. D.B. 133 PG. 98 \TAX NO. 1131001 it p w °m lf_ASE AREA ~ TWO STORY 50,294 SF ag FRAME 1.1546 ACRES �lb RESIDENCE 1� Y �! N GAZEBO�� O 00\� °I O i o \ `'O f-pp•E in 0 >t�ps"TY OF ROANOKE" CAP CITY OF ROANOKE PARCEL TAX NO. 1131001 y DO EXST CHAIN /� �� a� IPF LINK FENCE) yyS <v ` IPF `` ' LO T 4 BLOCK E.B.&I.: EXCHANGE BUILDING AND , CD y0/ LOT 3 E.B.&I. NVESTMENT CO. PLATBOOK 1 PACE 19 P / BLOCK i �y i < NEW LOT 1 -A i so' o 50' — SCALE i " = 50' 10' Pte' OFFICE OF THE CITY ENGINEER 215 CHURCH AVENUE. S.W. ROOM 350 PHONE. (540) 853 -2731 FAX, (540)SS3 1364 WWWJIOANOKEVA.GOV PLAT SHOWING LEASE AREA OF A PORTION OF HIGHLAND PARK SITUATE ON WALNUT AVENUE, S.W. CITY OF ROANOKE, VIRGINIA SCALE: 1' =50' APPROVED: DATE: NOV. 4, 2014 PLAN NO. 5798 -A G a; CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 2, 2019 Subject: Request to Schedule a Public Hearing for Sale of City -owned Land located at 715 Franklin Rd., S.W., Depicted as Official Tax Map Number 1020233 to Assisi Animals Clinics of VA, Inc. Background: The City of Roanoke is proposing to sell a vacant parcel of land located at 715 Franklin Rd., SW and depicted as Official Tax Map Number 1020233 (Property) to Assisi Animals Clinics of VA, Inc. Angels of Assisi is a 501 c3 nonprofit, established in 2001. The agency started as a low cost spay /neuter clinic to address the issues of pet overpopulation. They purchased their current property at 415 Campbell Ave in 2003, and have since opened an adoption center, full service vet clinic, and are a resource to both animal control, Regional Center for Animal Care and Protection (RCACP), and to the general public to provide affordable veterinary care. Plans are to construct a new facility on property located on the corner of Franklin Road, S.W. and Elm Avenue, SW to provide for expansion of the current services being offered to the community. Pursuant to the requirements of State Code, notice of the public hearing must be advertised at least seven days prior to the public hearing. The public hearing would occur on December 16, 2019, or at such later date and time as the City Manager determines. Recommended Action: Authorize the scheduling and advertising of the proposed sale of the Property for a public hearing on December 16, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the City Manager shall determine, in his discretion. -- - u S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Rob Ledger, Director, Economic Development Amelia C. Merchant, Director of Finance Cassandra L. Turner, Economic Development Specialist Laura M. Carini, Assistant City Attorney 2 STEPHANIE NI. MOON REYNOLDS, SINIC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1 145 E -mail: clerk(d roanokeva.gov December 3, 2019 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: CECELIA F. NICCOY, CNIC Deputy Cite Clerk CECELIA T. WEBB, CHIC Assistant Deputy City Clerk This is to advise you that Valerie Brown has qualified as a member of the Roanoke Arts Commission to fill the unexpired term of office of Benjamin S. Crawford ending June 30, 2020. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Valerie Brown, 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 to fill the unexpired term of office of Benjamin S. Crawford ending June 30, 2020, according to the best of my ability. (So help me God.) VALEIRIE BROWN The foregoing oath of office was taken, sworn to, and subscribed before me by Valerie Brown this day of U6 E- 2019. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk STEPHANIE M. MOON REYNOLDS, TIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Far': (540) 853 -1145 E -mail: clerk( roanokeva.gov December 3, 2019 Sherman Stovall, Chair Defined Contribution Board Roanoke, Virginia Dear Mr. Stovall: CECELIA F. MCCOY, CMC Deputy City Clerk CECELIA T. NVEBB, CMC Assistant Deputy City Clerk This is to advise you that Angelia Vernon has qualified as Ex- officio Member to replace Michele Vineyard, as the Director of Human Resources on the Defined Contribution Board. Sincerely, I 1 Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Angelia Vernon, 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 ex- officio to replace Michele Vineyard, as the Director of Human Resources on the Defined Contribution Board, according to the best of my ability. (So help me God.) LA4&ee% /1L VERNON The foregoing oath of office was taken, sworn to, and subscribed before me by Angelia Vernon this �5 day of 019. Brenda S. Hamilton, Clerk of the Circuit Court M,-e ( � B CMbru k Y 0_�S IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2019. No. 41627- 120219. A RESOLUTION authorizing the acceptance of the 2020 V -STOP Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services, the 2020 V -STOP Grant in the amount of $28,193, with a required local match of $24,679, making the total funding $52,872, to employ the Police Department's full -time non -sworn Domestic Violence Specialist, as more particularly described in the City Council Agenda Report dated December 2, 2019. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing Grant. RN-STOP GRANT- 12.2.19.doc ATTEST: —M j A G, uA, { �) , ✓ City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2019. No. 41628 - 120219. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant ( VSTOP), amending and reordaining certain sections of the 2019 -2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2019 -2020 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Special Revenue Fund Appropriations Regular Employee Salary ICMA Retirement FICA Dental Insurance Life Insurance Medical Insurance Revenues VSTOP Grant CY2020 - State VSTOP Grant CY2020 - Local 35- 640 - 3130 -1002 $ 38,294 35- 640 - 3130 -1115 3,456 35- 640 - 3130 -1120 3,142 35- 640 - 3130 -1126 332 35- 640 - 3130 -1130 544 35- 640 - 3130 -1180 7,104 35- 640 - 3130 -3130 28,193 35- 640 - 3130 -3131 24,679 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. `� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 2, 2019 Subject: 2020 Violence Against Women Act: V -STOP Grant Background: The Department of Criminal justice Services of the Commonwealth of Virginia has awarded the Roanoke Police Department $28,193 in grant funding as part of the Violence Against Women Act (V- STOP). The Roanoke Police Department will use the award to fund its existing Domestic Violence Specialist position. The 2020 V -STOP grant funding has been level funded since 2012. To maintain current salary and benefit levels for the position, the City of Roanoke will be required to provide a total local match of $24,679. The Domestic Violence Specialist is an essential employee who is tasked with providing services to the victims of domestic violence. The Domestic Violence Specialist investigates domestic violence offenses, ensures that victims receive support services throughout their case, prepares cases for prosecution and directs police department resources towards apprehending the most dangerous offenders. Recommended Action: Accept the 2020 V -STOP Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the Grant fund for State grant funds of $28,193, transfer funding in the amount of $20,268 from Transfer to Grant Fund, account 01- 250 - 9310 -9535, $4,411 from Local Match Funding for Grants, account 35- 300 - 9700 -5415, and appropriate total funding of $52,872 for salary and benefits into accounts to be established by the Director of Finance in the Grant Fund. (Robert S. Cowell, Jr. i City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Finance Timothy S. .Jones, Chief of Police COMMONWEALTH of VIRGINIA Department of'C'rimincil Justice .Services Shannon Dion Washington Building Director 1100 Bank Street Richmond, Virgin a 23219 Megan Peterson (804) 786 -4000 Chief Deputy Director www.dcjs.wrginia gov October 29, 2019 Mr. Bob Cowell City Manager City of Roanoke 215 Church Ave., SW, Rm 364 Roanoke, VA 24011 RE: Violence Against Women's Act Dear Mr. Cowell: Congratulations on being a recipient of the above referenced grant program! Your DCJS grant award number is 20- V3153VA19 and was approved for a total award of $37,591 funded through Federal Grant 2019 -WF -AX -0032. The project period for this program is 01/01/2020 through 12/31/2020. Enclosed you will find the Statement of Grant Award (SOGA) and Special Conditions documents, along with Reporting Requirements and Projected Due Dates. To indicate your acceptance of the award and conditions, please sign the SOGA and return it electronically within the next 60 days to grantsmgmt @dcjs.virginia.gov. Review the conditions carefully as some may require action on your part before we will disburse grant funds. Please provide copies of this Award Package to those contacts listed on your grant application. We will be happy to assist you in any way we can to assure your project's success. If you have any questions regarding this award, please contact your Grant Monitor, Chrissy Smith at (804) 371 -2638 or via email at christeen .smith(4,.dcjs.virginia.gov. Sincerely, Dk Shannon Dion Enclosures STATEMENT OF GRANT AWARD (SOGA) Virginia Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia Violence Against Women's Act Subgrantee: Roanoke DUNS Number: 115173270 DCJS Grant Number: 20- V3153VA19 Grant Start Date: 01 `01 12020 Grant End Date: 12.'31.'2020 Federal Grant Number: 2019 -WF -AX -0032 Federal Awardee: VAWO Federal Catalog Number: 16.588 Project Description: To increase the apprehension, prosecution, and adjudication of Director of Finance persons committing violent crimes against women. Federal Start Date: 7,"1!2019 Federal Funds: $28,193 Indirect Cost Rate: % State General Funds: $ 0 1(applicable State Special Funds: $ 0 Agency Match: $ 93398 Total Budget: $37,591 Project Director Project Administrator Finance Officer Lt. Jamey Bowdel Mr. Bob Cowell Ms. Amelia Merchant Lieutenant Planning Service Division City Manager Director of Finance Roanoke Police Department City of Roanoke City of Roanoke 348 Campbell Ave SW 215 Church Ave., SW, Rm 364 215 Church Ave., SW, Ste 461 Roanoke, VA 24016 Roanoke, VA 24011 Roanoke, VA 24011 (540) 853 -2337 (540) 853 -2333 (540) 853 -6800 Jamey.bowdel @roanokeva.gov bob.cowell @roanokeva.gov amelia.merchant @roanokeva.gov *Please indicate your [CR in the space provided, if applicable. As the duly authorized representative, the undersigned, having received the Statement of Grant Awards (SOGA) and Special Conditions attached thereto, hereby accepts this grant and agree to the conditions and provisions of all other Federal and State laws and rules and regulations that apply to this award. Signature: Title: Date: Authorized Official (Project Administrator) 21 ' SPECIAL CONDITIONS Virginia Department of Criminal Justice Services 1100 Bank Street, 12`h Floor Richmond, Virginia 23219 Violence Against Women's Act Subgrantee: Roanoke DUNS Number: 115173270 DCJS Grant Number: 20- V3153VA19 Grant Start Date: 01/01/2020 Grant End Date: 12/31/2020 Acceptance of this grant award by the subgrantee constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accordance with established employment and personnel policies; and assuring that all terms, conditions and assurances - -those submitted with the grant application, and those issued with this award - -are complied with. By signing the Statement of Grant AwardrAcceptance, the subgrantee agrees to: • use the grant funds to carry out the activities described in the grant application, as modified by the terms and conditions attached to this award or by subsequent amendments approved by DCJS; • adhere to the approved budget contained in this award and amendments made to it in accord with these terms and conditions; and, • comply with all terms, conditions and assurances either attached to this award or submitted with the grant application. 1. Requirements of the award; remedies for non - compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the subgrantee that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Violence Against Women (OVW) or the Department of Criminal Justice Services (DCJS) taking appropriate action with respect to the subgrantee and the award. Among other things, the OVW and DCJS may withhold award funds, disallow costs, or suspend or terminate the award. The OVW or DCJS also may take other legal action as appropriate. 3 , Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271 - 10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729 -3730 and 3801- 3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or - unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements ") apply to this award For more information and resources on the Part 200 Uniform Requirements as they relate to OVW awards and subawards ( "subgrants "), see the website at https:r:oip.gov,,"funding/Part200UnifonnRequirements.htm. 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https :,`;- ojp.gov,'financialguide DOJ:'index.htm ) including any updated version that may be posted during the period of performance. The subgrantee agrees to comply with the DOJ Grants Financial Guide. 4. Requirements related to "de minimis" indirect cost rate A subgrantee that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise DCJS in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 5. Requirement to report potentially duplicative funding If the subgrantee currently has other active awards of federal funds, or if the subgrantee receives any other award of federal funds during the period of performance for this award, the subgrantee promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the subgrantee 4 must promptly notify DCJS in writing of the potential duplication, and, if so requested by DCJS, must seek a budget - modification or change -of- project -scope to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Universal Identifier Requirements The subgrantee must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https: www.sam.gov, SAM'. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The subgrantee must maintain a valid DUNS number (a unique nine -digit number used for identifying and keeping track of entities receiving federal funds). Subgrantees must be registered in SAM to receive an award and must maintain an active registration for the entire period of the award. 7. Requirement to report actual or imminent breach of personally identifiable information (PII) The subgrantee must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M- 17 -12) if it -- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OVW grant- funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A -130). The subgrantee's breach procedures must include a requirement to report actual or imminent breach of PII to DCJS no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 8. All subawards ( "subgrants ") must have specific federal authorization The subgrantee, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract "). The details of the requirement for authorization of any subaward are posted on the OJP web site at https: ioip.gov, funding/Explore,'SubawardAuthorization.htm (Award condition: All subawards ( "subgrants ") must have specific federal authorization), and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OVW authority to terminate award) The subgrantee must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of subgrantees, or individuals defined (for purposes of this condition) as "employees" of any subgrantee. The details of the subgrantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at httys:,,`Iwww justice.gov-ovw,'award- conditions (Award condition: Prohibited conduct by subgrantees related to trafficking in persons (including reporting requirements and OVW authority to terminate award)), and are incorporated by reference here. 10. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The subgrantee must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears on the OVW website at https: www.justice.gov/ovwiconference- planning. 11. OVW Training Guiding Principles Any training or training materials that the subgrantee develops or delivers with these award funds must adhere to the OVW Training Guiding Principles for Grantees and Subgrantees, available at https:, www.justice.gov'ovw:'grantees #Resources. 12. Effect of failure to address audit issues The subgrantee understands and agrees that DCJS or OVW may withhold award funds, or may impose other related requirements, if (as determined by DOS or OVW) the subgrantee does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 6' 13. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The subgrantee must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 14. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The subgrantee must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The subgrantee must comply with all applicable requirements of 28C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to subgrantee organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to subgrantees that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations, is available via the Electronic Code of Federal Regulations (currently accessible at https :;;www.ecfr.gov.'cgi- bin/ECFR ?page= browse ), by browsing to Title 28- Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. 16. Restrictions on "lobbying" and policy development In general, as a matter of federal law, federal funds may not be used by the recipient, or any subrecipient ( "subgrantee ") at any tier, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, in order to avoid violation of 18 U.S.C. § 1913. The recipient, or any subrecipient ( "subgrantee ") may, however, use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. 7 . Another federal law generally prohibits federal funds awarded by OVW from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. § 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OVW for guidance, and may not proceed without the express prior written approval of OVW. 17. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2018) The subgrantee must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at https: �, www justice.gov?ovw grantees #award- conditions and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a subgrantee would or might fall within the scope of an appropriations -law restriction, the subgrantee is to contact DCJS for guidance, and may not proceed without the express prior written approval of DCJS and OJP. 18. Reporting potential fraud, waste, and abuse, and similar misconduct The subgrantee must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subgrantee, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by -- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869 -4499 (phone) or (202) 616 -9881 (fax). Additional information is available from the DOJ OIG website at https:iioig justice.aov'hotline. 8 19. Restrictions and certifications regarding non - disclosure agreements and related matters No subgrantee under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the subgrantee- - a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the subgrantee does or is authorized under this award to make subawards ( "subgrants "), procurement contracts, or both -- a. it represents that— (1) it has determined that no other entity that the subgrantee's application proposes may or will receive award funds (whether through a subaward ( "subgrant "), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to 9 execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 20. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The subgrantee must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The subgrantee also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the subgrantee is to contact DCJS for guidance. 21. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages subgrantees to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 22. Access to grant records The subgrantee must authorize DCJS, OVW and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper, or documents related to this grant. 23. Compliance with statutory and regulatory requirements The recipient agrees to comply with all relevant statutory and regulatory requirements, which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103 -322, the Violence Against Women Act of 2000, P.L. 106 -386, the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109 -162, the Violence Against Women Reauthorization Act of 2013, P.L. 113 -4, the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10 10 1 et seq., and OVW's implementing regulations at 28 C.F.R. Part 90. wj] 24. Confidentiality and information sharing The subgrantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The subgrantee also agrees to ensure that all subgrantees at any tier meet these requirements. 25. Discrimination findings The subgrantee assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recipient of victim assistance formula funds under this award, the subgrantee will forward a copy of the findings to the Office for Civil Rights of OJP. 26. VAWA 2013 nondiscrimination condition The subgrantee acknowledges that 34 U.S.C. § 12291(b) (13) prohibits recipients of OVW awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. The subgrantee agrees that it will comply with this provision. The subgrantee also agrees to ensure that any subgrantee at any tier will comply with this provision. 27. Annual Project Progress Report All subgrantees are required to complete and submit a single Annual Project Progress Report describing activities supported with these funds to DCJS and OVW. The annual report form and more information about federal reporting requirements can be found at http://muskie.usm.maine.edu/vawamei/fon-nsasformula.htm . 28. Documentation requirements The subgrantee agrees promptly to provide, upon request, financial or programmatic - related documentation related to this award, including documentation of expenditures and achievements. 29. Additional monitoring requirements The subgrantee understands that it may be subject to additional financial and programmatic on- site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. 30. Termination or suspension for cause The Director of OVW, upon a finding that there has been substantial failure by the subgrantee to comply with applicable laws, regulations, and/or the terms and conditions of the award or relevant solicitation, will terminate or suspend until the Director is satisfied that there is no longer such failure, all or part of the award, in accordance with the provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis. 31. Record retention and access Records pertinent to the award must be retained for a period of three (3) years from the date of submission of the final expenditure report. Subgrantee must provide access, including performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. 32. Non - Supplanting requirement The subgrantee agrees that grant funds will be used to supplement, not supplant, non- federal funds that would otherwise be available for the activities under this grant. 33. ACORN The subgrantee cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OVW. 34. Availability of general terms and conditions on OVW website The subgrantee agrees to follow the applicable set of general terms and conditions that are available at https: /'www justice pov'ovw'yrantees #award - conditions . These do not supersede any specific conditions in this award document. 35. Civil Rights training requirement The subgrantee agrees to meet the civil rights training requirements through viewing the online training modules offered through the Office on Civil Rights at https:''oil) P,ov. about'ocr'assistance.htm or online training offered by DCJS. The subgrantee must review these training modules at least once per grant cycle and must view the civil rights overview, standard assurances modules, and the module on the obligations to provide services to limited English proficient (LEP) individuals. 36. Equal Employment Opportunity Plan (EEOP) As a recipient of Department of Justice funding, the subgrantee agrees to comply with the requirements regarding Equal Employment Opportunity Plans (ESOP). In certain cases, subgrant recipients must develop an EEOP. Your organization is required to 12 submit a Certification Report and/or the Utilization Report section of your plan to the Office of Civil Rights. Further guidance can be found at https: ioil).p,ov/about/ocr,leeop.htm. The Certification form required by OJP can be found at http• /,"www oip usdoi aovr'about!ocrrpdfsicert.pdf . 37. Performance and obligation periods Grant funds, including state and local match, may be expended anti /or obligated during the grant award period of performance. Subgrantees may only charge to the award allowable costs incurred during this grant award period. All properly incurred obligations must be liquidated no later than 45 days after the end of the award period. No new obligations may be made during the liquidation period. The subgrantee agrees to submit a final financial report and return all received and unexpended grant funds to DCJS within 45 days of the end of the grant award period. 38. Travel policy Subgrantees may follow their own established travel rates if they have an established travel policy. DCJS reserves the right to determine the reasonableness of an organization's travel policy. If the subgrantee does not have an established policy, then they must adhere to federal travel policy. DCJS allows reimbursement for actual reasonable expenses and meals according to per diem. Please refer to the following IRS website for the most current mileage rate: https://www.irs.vov/tax- professionals,"standard-mileage-rates. Transportation costs for air and rail must be at coach rates. 39. Project initiation Within 60 days of the starting date of the grant, the subgrantee must initiate the project funded. If not, the subgrantee must report to DCJS, in writing, the steps taken to initiate the project, the reasons for the delay, and the expected starting date. If the project is not operational within 90 days of the start date, the subgrantee must obtain approval in writing from DCJS for a new implementation date or DCJS may cancel and terminate the project and redistribute the funds. 40. Budget amendments No amendment to the approved budget may be made without the prior approval of DCJS. No more than two (2) budget amendments will be permitted during the grant period. Budget amendments must be requested using the online Grants Management Information System (GMIS), accompanied with a narrative. The deadline for all budget amendments to be submitted will be 45 days prior to the end of the grant year. 13 1 ', 41. Financial audits The subgrantee agrees to forward a copy to DCJS of the subgrantee's scheduled financial statement audit for the fiscal year that covers the grant award period. If the subgrantee is a local government or non - profit organization and expends $750,000 or more in federal awards (from all sources) during its fiscal year, the subgrantee is required to submit the appropriate single or program specific audit in accordance with the provisions outlined in 2CFR Part 200 Subpart F. 42. Procurement The subgrantee agrees to provide for fair and open competition when procuring goods and services with award funds and to maintain documented procurement policies and procedures. Permission to make a sole source procurement requires the prior approval of DCJS. Any request for exemption to this regulation must be filed in writing. 43. Conflict of interest All subgrantees must have a written conflict of interest policy. The subgrantee certifies that it will disclose in writing any potential conflict of interest to DCJS in accordance with applicable federal awarding agency policy as required in 2 C.F.R. Part 200, Subpart E § 200.112. 44. Financial management systems All subgrantees are required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. They must have a financial management system in place that is able to record and report on the receipt, obligation, and expenditure of grant funds. Subgrantees must properly track the use of award funds and maintain adequate supporting documentation including maintaining proper documentation for all paid grant and match staff and volunteer time reported. Further information is available in the DOJ Financial Guide at https ` oin gov,•'financializuide'doi ' ndfs'DOJ FinancialGuide.ndf . 45. Program income Program income, as defined by 2 C.F.R. 200.80, means gross income earned by a non- federal entity that is directly generated by a supported activity or earned as a result of the federal award during the period of performance. Without prior approval, program income must be deducted from total allowable costs to determine the net allowable costs. In order to add program income to a subaward, subgrantees must seek approval from DCJS prior to generating any program income. Any program income added to a subaward must be used to support activities that were approved in the budget and follow the conditions of the subaward agreement. Any program income approved by DCJS must be reported by the subgrantee to DCJS so that it is reported on the quarterly Federal Financial Report (SF -425) in accordance with the addition alternative. If the 14 program income amount changes (increases or decreases) during the project period, DCJS must provide approval by the end of the project period. Failure to comply with these requirements may result in audit findings for both the recipient and the subgrantee. Project income must be reported on the Subgrantee Financial Report for Project Income provided by DCJS. Instructions for the Project Income form can be downloaded at: htty: `'www dcis virginia gov! forms 'grants ?subgrantproiectlncomelnstructions .doc. The Project Income form can also be downloaded from the DCJS website at: http ''www dcjs virginia gov+' forms,' grants 'subgrantProiectlncome.xls. Examples of project income might include service fees; client fees; usage or rental fees; sales of materials; and income received from sale of seized and forfeited assets (cash, personal or real property included). 46. Change in personnel The subgrantee agrees to submit the DCJS Program Change/Update form when there are some personnel change in the program. Available on the DCJS website at: https' 'www dcis virginia .gov,'victims - services forms. 47. Required reports The subgrantee agrees to submit, on or before scheduled due dates, such reports as required by DCJS. This includes filing required reports using the online Grants Management Information System (GMIS). Failure to submit reports by the deadline dates may result in delay for reimbursement requests and/or cancellation of the subaward. 48. Delegation of responsibility Any delegation of responsibility for carrying out grant - funded activities to any entity must be pursuant to a written memorandum of understanding by which the implementing organization agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions and assurances of the grant award. 49. Publication disclaimer The subgrantee agrees that all materials and publications (written, web - based, audio- visual, or any other format) resulting from subaward activities shall contain the following statement: "This project was supported by Subgrant No. awarded by the Virginia Department of Criminal Justice Services for the Office on Violence Against Women, U.S. Department of Justice's SAS Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program /exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice." 15 50. Copyrighted works Pursuant to 2 C.F.R. 200.315(b), the recipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. OVW reserves a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work, in whole or in part (including in the creation of derivative works), for federal purposes, and to authorize others to do so. OVW also reserves a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, in whole or in part (including in the creation of derivative works), any work developed by a subgrantee of this award, for federal purposes, and to authorize others to do so. In addition, the recipient (or subgrantee, contractor, or subcontractor of this award at any tier) must obtain advance written approval from the OVW program manager assigned to this award, and must comply with all conditions specified by the program manager in connection with that approval, before: 1) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this award. It is the responsibility of the recipient (and of each subgrantee, contractor, or subcontractor as applicable) to ensure that this condition is included in any subaward, contract, or subcontract under this award. 51. Consultant compensation rates The subgrantee acknowledges that consultants paid with award funds generally may not be paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this specified maximum rate, recipients must submit to DOS a detailed justification and have such justification approved by DOS, prior to obligation or expenditure of such funds. Issuance of this award or approval of the award budget alone does not indicate approval of any consultant rate in excess of $81.25 per hour, not to exceed $650 per day. Although prior approval is not required for consultant rates below this specified maximum rate, recipients are required to maintain documentation to support all daily or hourly consultant rates. 52. Use of funds for direct intervention and related assistance The subgrantee agrees that funds will only be used for the provision of direct intervention and related assistance to victims of sexual violence and their family and household members, including 24 -hour crisis line services, medical and criminal justice, civil legal accompaniment, advocacy, and short term individual and group support counseling. Funds cannot be used towards prevention education efforts, projects focused on training allied professionals and/or communities, or the establishment or maintenance of Sexual Assault Response Teams. 161 53. Activities that compromise victim safety and recovery or undermine offender accountability The subgrantee agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW- funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the solicitation under which the approved application was submitted. 54. Misuse of award funds The subgrantee understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 55. Limitation on the use of funds to approved activities The subgrantee agrees that grant funds will be used only for the purposes described in the subgrantee's approved application. The subgrantee must not undertake any work or activities that are not described in the grant application, and must not use staff, equipment, or other goods or services paid for with grant funds for such work or activities, without prior written approval from DCJS. 56. Subgrantee product development The subgrantee agrees to ensure that materials and products (written, visual, or sound) developed with OV W formula grant program funding fall within the scope of the grant program and do not compromise victim safety. 1711 . 57. Program Guidelines The subgrantee agrees to comply with the applicable Grant Program Guidelines and Attachments, available here: httt)s "www dcis vir --inia pov'grants,programs+'cy-2020- sexual- assault- sere ices -p ro gram -sasp 58. Nonprofit status of subgrantees Subgrantees, except governmental rape crisis centers and tribal governmental programs, must be organizations that are described in section 501(c)(3) of the Internal Revenue Code of 1986 and are exempt from taxation under section 501(a) of that Code. Unless otherwise stated, Special Conditions listed in item #59 must be met by March 1,2020. If they remain unmet after this date, then the subgrantee must report to the DCJS, by letter, the steps taken to achieve compliance, the reasons for non - compliance, and the expected date of compliance. DCJS may terminate grant funding based upon unexplained or unreasonable failure to substantially comply with special conditions within reasonable specified timeframes. 59. Prior to DCJS disbursing funds, the subgrantee must comply with the following special conditions: 60. Employment eligibility verification for hiring under the award The recipient must ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. § 1324a(a)(1) and (2). The details of the recipient's obligations under this condition are posted on the OVW website at https "www 'usL tice govr,ovwi award- conditions (Award Condition: Employment eligibility verification for hiring under award), and are incorporated by reference here. 62. Unreasonable restrictions on competition under the award; association with federal government No recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by DOJ. The details of the recipient's obligations under this condition are posted on the OVW website at httos: 'www.justice.gov.bvw,'award- conditions (Award Condition: Unreasonable restrictions on competition under the award; association with federal government), and are incorporated by reference here. 181 62. Determinations of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated in the application for the award (as approved by DOJ) (or in the application for any subaward at any tier), the DOJ funding announcement (solicitation), or an associated federal statute - that a purpose of some or all of the activities to be carried out under the award (whether by the recipient or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OVW web site at hUps 'www .justice gov'ovw/award- conditions (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 191 REPORTING REQUIREMENTS AND PROJECTED DUE DATES Virginia Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219 Violence Against Women's Act Subgrantee: Roanoke DUNS Number: 115173270 DCJS Grant Number: 20- V3153VA19 Grant Start Date: 01/01/2020 Grant End Date: 12/31/2020 REPORTING REQUIREMENTS By accepting the accompanying grant award, you are agreeing to submit online quarterly financial and progress reports for this grant throughout the grant period, as well as final reports to close the grant. No eligible current recipient of funding will be considered for continuation funding if, as of the continuation application due date, any of the required financial and progress reports for the current grant are more than 30 days overdue. For good cause, submitted in writing by the grant recipient, DCJS may waive this provision. To submit reports, requests, and to view your grant award, refer to the Grants Management Information System (GMIS) at our website: www.dcjs.virginia.gov /grants /gmis- online. In order to use this web -based system, if you have not previously done so, you must obtain a user name and password set up by your Finance Officer. FINANCIAL REPORTS are due within 15 days after the end of each calendar quarter and must be approved by your locality's Financial Officer. Reports are required even if no expenditures occurred during the quarter. If the due date falls on a weekend or non - business day, the report is due on the next business day. For financial questions, contact Bill Dodd at (804) 371 -0638 or via email at Bill Dodd -dcis.vir inia.gov or Mark Fero at (804) 225- 2782 or via email at Mark Feroa dcis.vir &inia.M. PROGRESS REPORTS for most grant programs are due within 15 days after the end of each calendar quarter and must be approved by your DCJS Grant Monitor. • REQUEST FOR FUNDS for most grant programs are processed quarterly. Requests must be preceded by the previous quarter's financial and approved progress reports. For request for funds questions, contact Bill Dodd at (804) 371 -0638 or via email at Bill.Dodd@dcjs.virginia.gov or Mark Fero at (804) 225 -2782 or via email at Mark Ferona dcis.virginia.gov. • BUDGET AMENDMENTS can be submitted for most DCJS programs with prior approval through our online Grants Management Information System (GMIS). Please review your Special Conditions carefully to determine the requirements and procedures for amending budgets. For budget amendment questions, contact your assigned Grant Monitor. 2U P :, GRANT CLOSEOUT: The last quarterly financial report of a project using federal funds must indicate any unpaid obligations that may exist at the expiration of the grant award period. The subgrantee has up to 45 days from the end of the award period to liquidate any unpaid obligations and submit a final financial report. The liquidation period exists to allow projects time to receive final invoices and make final payments -- no new obligations may be incurred during this period. Closeout questions should be directed to Andrew Wooldridge (804) 225 -1863 or via email at Andrew Wooldridendcis virginia.gov or Mark Fero at (804) 225 -2782 or via email at Mark Fero@dcis.virginia. ov. REPORTING SCHEDULE GENERAL HELPDESK INFORMATION GMIS Online: Send an email to grantsweb(@,dcis.virginia.gov. virginia.gov. CIMS or VSDVVF Reporting Software: Call (804) 786 -4576 or (804) 225 -4868. 21 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2019. No. 41629- 120219. A RESOLUTION accepting the Revised FY20 Virginia Department of Transportation's (VDOT) award of Transportation Revenue Sharing Program Funds (Revenue Sharing Funds) to the City in the amount of $4,426,861; authorizing the City Manager to execute the revised Appendix A documents to a VDOT Standard Programmatic Project Administration Agreement for Revenue Sharing Funds for the Project, which will require the City to provide matching funds of $4,426,861; and authorizing the City Manager to take certain other actions in connection with the above matters and Project. WHEREAS, on November 5, 2018, City Council authorized the City Manager to accept, authorize and appropriate VDOT's award of Transportation Revenue Sharing Program funds for FY2019 and FY2020 in the amount of $8,851,133 for certain projects authorized by Resolution No. 41309 - 110518; WHEREAS, on June 19, 2019, VDOT deallocated unspent funds from other localities across the state resulting in additional funds being awarded to the City of Roanoke for FY20 Projects that had not previously been funded; and WHEREAS, VDOT has identified Revised FY20 VDOT funding of Revenue Sharing Funds to the City in the amount of $4,426,861 for the projects referred to in the City Council Agenda Report dated December 2, 2019, and a local match provided by the City in the amount of $4,426,861, for all three projects identified in the above mentioned report. D vnn r P--- Qhnrinu —FY20- Revised Local Assistance Program (12.2.19) 1 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Revised FY20 VDOT award of Revenue Sharing Funds in the amount of $4,426,861 to be provided by VDOT, with the City providing local matching funds in the amount of $4,426,861, with such funds to be allocated by VDOT and having already been committed by the City of Roanoke, all as more fully set forth in the City Council Agenda Report dated December 2, 2019 2. The City Manager is hereby authorized to execute Revised Appendix A documents to a VDOT Standard Programmatic Project Administration Agreement for Revenue Sharing Projects, as extended, substantially similar to the ones attached to the above mentioned Agenda Report for the above Project in connection with the VDOT Revenue Sharing Funds, together with the required City matching funds mentioned above. Such Appendix A documents shall be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use the above Revenue Sharing Funds in the amount of $4,426,861 from VDOT, together with $4,426,861 in City matching funds, for the above mentioned projects, with any such documents to be approved as to form by the City Attorney ATTEST: aM City Clerk. v R -VDOT Revenue Sharing —FY20- Revised Local Assistance Program (12.2.19) 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2019. No. 41630 - 120219. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Funds to the Roanoke River Greenway Bridge the Gap, Huntington Boulevard, and Stormwater projects, to allocate additional funding from the revised FY20 VDOT award of Transportation Revenue Sharing Program dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following FY20 VDOT Transportation Revenue Sharing Program award revision results in sections of the 2019 -2020 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 08- 620 - 9254 -9007 $1,182,644 Appropriated from State Grant Funds 08- 530 - 9244 -9007 1,162,282 Appropriated from State Grant Funds 03- 530 - 3030 -9007 207,284 Revenues VDOT- Roanoke River Greenway 08- 620 - 9254 -9254 1,182,644 VDOT- Huntington Boulevard 08- 530 - 9244 -9244 1,162,282 VDOT - Greenlee Road Drainage 03- 530 - 3030 -3030 207,284 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. G~ `� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 2, 2019 Subject: Acceptance of Revised FY2020 VDOT Revenue Sharing Program Award; Authorization to Execute Revised Agreement and Appendices; and Appropriation of Additional Funds Background: On October 16, 2017, City Council authorized the City Manager to submit an application to the Virginia Department of Transportation (VDOT) for funds from VDOT's FY2019 Transportation Revenue Sharing Program in the amount of $5,000,000, and an additional $5,000,000 from VDOT's FY2020 Transportation Revenue Sharing Program, which required a total City match of $10,000,000. Funds were requested for the following projects: 1. Roanoke River Greenway Bridge the Gap (New Construction) 2. Huntington Boulevard Curb, Gutter and Sidewalk (New Construction) 3. Citywide Stormwater Improvements (New Construction) On November 5, 2018, City Council authorized the City Manager to accept, authorize, and appropriate VDOT's award of Transportation Revenue Sharing Program funds in the amount of $8,851,133 for the projects listed above. On June 19, 2019, VDOT deallocated unspent funds from other localities across the state resulting in additional funds being awarded to the City of Roanoke for FY2020 projects that had not previously been fully funded. This request is to authorize the City Manager to accept, authorize, and appropriate VDOT's revised award of Transportation Revenue Sharing Program funds in the amount of $9,353,637 for the three (3) projects listed above. Considerations: City staff was notified that the previous award of $3,924,357 from VDOT's FY2020 Transportation Revenue Sharing Program has been revised and increased to become $4,426,861 from VDOT's FY2020 Transportation Revenue Sharing Program. Per the City's Programmatic Project Administration Agreement with VDOT for Revenue Sharing Projects, the City is required to match the total revised $4,426,861 FY20 Revenue Sharing Program award amount. The revised VDOT Revenue Sharing fund awards for all three (3) of the projects identified above are as follows: 1. Roanoke River Greenway Bridge the Gap - $2,836,522 total original project award, plus $163,478 in additional funding for a FY2020 total revised project award of $3,000,000. City match funding for the previously awarded FY2019 Revenue Sharing funds of $1,817,356 was previously appropriated into the project account from the City's FY2019 BAN Funds. City match funding for the revised FY2020 Revenue Sharing funds of $1,019,166 and the $163,478 additional funds will be provided through the Parks and Recreation Master Plan capital account. 2. Huntington Boulevard Curb, Gutter, and Sidewalk (New Construction) - $2,203,827 total original project award, plus $158,455 additional funding for a FY2020 total revised project award of $2,362,282. City match funding of $1,200,000 for the previously awarded FY2019 Revenue Sharing funds was previously appropriated into the project account from the City's FY2019 BAN Funds. City match funding for the revised FY2020 Revenue Sharing funds of $1,162,282 will be provided through the City's FY2020 BAN funds. 3. Citywide Stormwater Improvements - $3,810,784 total original project award, plus $180,571 in additional funding for a FY2020 total revised project award of $3,991,355. City match funding for the previously awarded FY2019 Revenue Sharing funds of $2,009,868 was previously appropriated into the project accounts from the City's FY2019 BAN Funds. City match funding for the revised FY2020 Revenue Sharing funds of $1,981,487 will be provided through the City's FY2020 BAN funds. This Council Report is requesting acceptance, authorization, and appropriation of FY2020 Revenue Sharing funds in the revised amount totaling $9,353,637 for all three (3) projects identified above. Recommended Action: Accept VDOT's revised award of Transportation Revenue Sharing Program funds in the amount of $9,353,637 which will be allocated as set forth above among the three (3) projects, with the City providing local matching funds in the amount of $9,353,637. 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 revised amount of $9,353,637 in Transportation Revenue Sharing Program Funds for the three (3) projects as referenced above. Authorize the City Manager to execute the revised VDOT Appendix A documents. Such Appendices shall be in a form approved by the City Attorney. E Adopt the accompanying Budget Ordinance to update State Grant Fund revenue estimates to include the revised FY2020 VDOT funding award and appropriate City match funding into the expenditure accounts as follows: a. Roanoke River Greenway Bridge the Gap - $2,836,522 total original VDOT award, plus $163,478 in additional funding, for a FY2020 revised VDOT award of $3,000,000; project account 08- 620 -9254, Roanoke River Greenway - NS Material Yard to Bridge Street. b. Huntington Boulevard Curb, Gutter, and Sidewalk (New Construction) - $2,203,827 total original VDOT award, plus $158,455 in additional funding, for a FY2020 revised VDOT award $2,362,282; project account 08- 530 -9244, Huntington Boulevard Improvements (Oliver to Plantation). c. Citywide Stormwater Improvements - $3,810,784 total original VDOT award, plus $180,571 in additional funding for a FY2020 total revised VDOT award of $3,991,355; various project accounts and amounts including: 03- 530 -3024, Cove & Dansbury, $315,000 03- 530 -3029, Graybill & Gilford, $190,000 03- 530 -3030, Greenlee Road, $340,784 03- 530 -3037, Narrows Lane, $225,000 03- 530 -3038, Patterson & Chapman, $300,000 03- 530 -3041, Sample & Crown, $190,000 03- 530 -3042, Sunrise & Oakland, $350,000 03- 530 -3043, Templeton Avenue, $460,000 03- 530 -3047, Victoria & Caldwell, $220,000 03- 530 -3049, Windsor Road, $300,000 03- 530 -3055, Cove & 22 ^d Street, $320,000 03- 530 -3056, Downtown Jefferson -2, $600,000 03- 530 -3057, Sweetbrier Avenue, $180,571 Transfer FY2020 City match funding in the amount of $1,182,644 from the Parks & Rec Master Plan account (08- 620 - 9770), to the Roanoke River Greenway - NS Material Yard to Bridge Street account (08- 620 - 9254). Transfer FY2020 City match funding in the amount of $1,162,282 from the Curb, Gutter, Sidewalk FY20 account (08- 530 - 9297), to the Huntington Boulevard Improvements (Oliver to Plantation) account (08- 530 - 9244). FY2020 City match funding in the amount of $3,784,071 is already available in the various project accounts and amounts including: 03- 530 -3024, Cove & Dansbury, $315,000 03- 530 -3029, Graybill & Gilford, $190,000 03- 530 -3030, Greenlee Road, $133,500 03- 530 -3037, Narrows Lane, $225,000 03- 530 -3038, Patterson & Chapman, $300,000 03- 530 -3041, Sample & Crown, $190,000 3 03- 530 -3042, Sunrise & Oakland, $350,000 03- 530 -3043, Templeton Avenue, $460,000 03- 530 -3047, Victoria & Caldwell, $220,000 03- 530 -3049, Windsor Road, $300,000 03- 530 -3055, Cove & 22 "d Street, $320,000 03- 530 -3056, Downtown Jefferson -2, $600,000 03- 530 -3057, Sweetbrier Avenue, $180,571 Transfer FY2020 City match funding in the amount of $207,284 from the Sweetbrier Avenue Drainage Improvements account (03- 530 - 3057), to the Greenlee Road Drainage Improvements account (03- 530 - 3030). DL_ - -- TokRobert S. Cowell, fir. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke Pugh, P.E., City Engineer Dwayne D'Ardenne, CSM, PWM, ENV SP, Stormwater Manager Michael Clark, Director of Parks & Recreation 151 PROGRAMMATIC PROJECT ADMINISTRATION AGREEMENT Revenue Sharing Projects 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 may, in accordance with §33.2 -357 of the Code of Virginia (1950), as amended (the Code), and Commonwealth Transportation Board (CTB) policy, submit application(s) for Revenue Sharing funding and may also administer projects approved for Revenue Sharing funding by the CTB; and WHEREAS, Appendix A documents the funding allocated to each Project and shall be developed and included as an attachment to this agreement. Such attachment may be amended, revised or removed or an additional Appendix A may be added as additional projects or funding is approved by the CTB and allocated to the LOCALITY to finance the Project(s) within the term of this Agreement without the need to execute an additional project administration agreement; and WHEREAS, current and future projects approved for Revenue Sharing funding by the CTB within the term of this agreement and subject to the terms and conditions specified herein shall be identified on a list which will be included as an attachment to this Agreement as Appendix B. Such attachment may be amended as additional projects are approved by the CTB and shall be signed by an authorized LOCALITY and VDOT official, without the need to execute an additional project administration agreement. If any active project with an existing agreement is incorporated herein, the original project agreement shall automatically terminate upon inclusion in this programmatic agreement of an updated Appendix A and an amended Appendix B to reflect that project; and WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in the attachments in accordance with applicable federal, state and local laws and regulations and that the locality will certify compliance with those laws and regulations as prescribed by the Department. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: This agreement shall be effective for an initial period of THREE fiscal years (each year beginning July 1st - June 30th) and may be extended by an addendum signed by each party for one additional term of THREE fiscal years unless a change in policy or the Code necessitates a change in terms and conditions before the term of this agreement shall have passed. This Agreement shall NOT extend beyond SIX fiscal years. In the event that a new agreement becomes necessary during the life of this Agreement, Appendix A and Appendix B may be incorporated within the new approved agreement upon mutual agreement by both parties. OAG Approved 06/18/2012, Revised 10/01/2014 City of Roanoke The LOCALITY shall: a. Be responsible for all activities necessary to complete the noted phase(s) of each Project shown on the Appendix B and on the respective Project's Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Receive individual prior written authorization from the DEPARTMENT to proceed with each project. c. Administer the Project(s) in accordance with guidelines applicable to state funded Locally Administered Projects as published by the DEPARTMENT. d. Provide certification by a LOCALITY official of compliance with applicable laws and regulations on the State Certification Form for State aid projects or in another manner as prescribed by the DEPARTMENT for each project included in Appendix B. e. Maintain accurate and complete records of each Project's development 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 not less than three (3) years following acceptance of the final voucher on each Project. f. 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 also include an up -to -date Project summary and schedule tracking payment requests and adjustments. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, the project becomes ineligible for state reimbursement, or in the event the reimbursement provisions of Section 33.2- 348 or Section 33.2 -331 of the Code, or other applicable provisions of state law or regulations require such reimbursement. h. Pay the DEPARTMENT the LOCALITY's matching funds for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 3.a. i. Administer the Project in accordance with all applicable federal, state, and local laws and regulations. Failure to fulfill these obligations may result in the forfeiture of state - aid reimbursements. DEPARTMENT and LOCALITY staffs will work together to cooperatively resolve any issues that are identified so as to avoid any forfeiture of state - aid funds. OAG Approved 06/18/2012, Revised 10/01/2014 City of Roanoke j. If legal services other than those 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. k. 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. 3. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f, 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 applicable laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. 4. Appendix A identifies the specific funding sources for each Project under this Agreement, phases of work to be administered by the LOCALITY, and additional project - specific requirements 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. 5. 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 -101 1 of the Code. 6. 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 under this agreement is anticipated to exceed the allocation shown for such Project on the respective Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its cost exceeds the allocated amount, however the OAG Approved 06/18/2012, Revised 10/01/2014 3 City of Roanoke DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated pursuant to an annual or other lawful appropriation. 7. 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 party, 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 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 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 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, received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. 10. 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 reimbursed in accordance with paragraphs 2.f, 2.g, and 3.b, subject to the limitations established in this Agreement and Appendix A. Should the LOCALITY unilaterally cancel a project agreement, the LOCALITY shall reimburse the DEPARTMENT all state funds reimbursed and expended in support of the project, unless otherwise mutually agreed -upon prior to termination. 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. THE LOCALITY and the DEPARTMENT further agree that should Federal -aid Highway funds be added to any project, this agreement is no longer applicable to that project and the applicable Appendix A shall be removed from this agreement and the Standard Project Administration Agreement for Federal -aid Projects executed for that project. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. OAG Approved 06/18/2012, Revised 10/01/2014 4 City of Roanoke THIS AGREEMENT may be modified in writing by mutual agreement of both parties. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written. THIS AGREEMENT supersedes the Programmatic Project Administration Agreement, dated September 9, 2013, that this project was previously made part of. CITY OF ROANOKE, VIRGINIA: Typed or printed name of signatory Title Signature of Witness Date 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 Commonwealth of Virginia Department of Transportation Signature of Witness Date Date Attachments Appendix A (for each project covered under this Agreement) Appendix B (listing each project covered under this Agreement) OAG Approved 06/18/2012, Revised 10/01/2014 5 APPENDIX B Locality City of Roanoke Original Programmatic Agreement Date: Programmatic Agreement Extended Date: Locality Program Coordinator: VDOT Program Coordinator Luke Pugh, PE - City Engineer Jay Guy, Program Manager UPC Project # Date of CTB Approval Comments 104248 0220 - 128 -1334 6/19/2013 108851 0000- 128 -1103 6/14/2016 113138 0000- 128 -R22 6/20/2018 113139 0000- 128 -R23 6/20/2018 113140 0000- 128 -1124 6/20/2018 114378 0000- 128 -R33 6/20/2018 114379 0000- 128 -R34 6/20/2018 114380 0000- 128 -1135 6/20/2018 Authorized Locality Official Authorized VDOT Official Date Date page 1 of 1 Revised 1/2019 Appendix A i rn /, aneono r A N/ `FD# A I ncalitv- City of Roanoke Date: NrDeCtNumber: uzzu- I[o -M04 Project Location ZIP +4: 24016 -4920 urn.. iv-raw Locality DUNS# 006704316 �• --,... ... - - - - -- - - - Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Scope: Replacement of Franklin Rd Bridge over NSRW Preliminary Engineering From: 500' north of bridge 50% To: 500' south of bridge Locality Project Manager Contact info: Luke Pu h; 540 - 853 -5208 Luke. Pugh@RoanokeVa.gov 116epartment Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Cheryl.Becker@vdot.virginia.gov VDOT Project Expe Total Proiect Costs Project Estimates Preliminary Engineering I Right of Way and Utilities Construction o..,te..� Cnc4 enA Reimhurcuman4 Total Estimated Cost 2,761 Phase Estimated Project Costs ......... Funds type choose from drop down box) ( F _..... _.._ .._....--'----- Local %Participation for Funds Type yp - Local Share Amount Maximum Reimbursement (Estimated Cost- Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $1,680,000 Revenue Sharing 50% $840,000 $840,000 Allocations State Match Local Match $0 $0 Total PE $1,680,000 $7,517,500 $840,000 $840,000 $820,000 Right of Way & Utilities $100,000 Revenue Sharing 50% $50,000 $50,000 $0 $0 Total RW $100,000 $50,000 $50,000 $48,000 Construction $10,981,048 Revenue Sharing 50% $5,490,524 $5,490,524 $0 $0 Total CNI $10,981,048 $5,490,524 $5,490,524 $5,445,524 Total Estimated Cost 1 $12,761,048 $6,380,524 $6,380,524 $6,313,524 IL Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $7,517,500 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $6,313,524 Project Financing Aggregate Revenue Sharing Revenue Sharing Allocations State Match Local Match 11 $15,035,000 $7,517,500 $7,517,500 _ Program and Project Specific Funning htegUirements it -7 • This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Revenue Sharing Program Guidelines. • The project will be constructed and maintained in accordance with VDOT's Urban Manual. • The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. • This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $7,517,500 • All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. • Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. • This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. • Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY14- $3,600,000 ($1,800,000 locality match and $1,800,000 VDOT match) FY15 - $5,500,000 ($2,750,000 locality match and $2,750,000 VDOT match) FY16 - $5,935,000 ($2,967,500 locality match and $2,967,500 VDOT match) • This project is part of a Programmatic Project Administration Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. • This project was previously under an executed Programmatic Project Administration Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes all previous versions signed by the Locality and VDOT. • Allocated funding expended under the Programmatic Project Administration Agreement (PPAA) that is being replaced by this PPAA equals $6,745,903 as of 6/30/19. This attachment is certified and made an official attachment to this document Dy me parties to mis ayieeinu-. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy Program Manager Typed or printed name of person signing Appendix A Project Number: 0000- 128 -R03 UPC: 108851 CFDA # N/A Locality: City of Roanoke Date: Project Location ZIP +4: 124011-6605 Locality DUNS# 006704316 Preliminary Engineering Locality Address (incl ZIP +4): 215 Church Ave. SW 1 Roanoke, VA 24011 Project Narrative Total Estimated Cost Scope: Berkley Bridge at King Street NE, reconstruction of road and bridge replacement. Estimated Locality Project Expenses From: Berkley Road $1,762,849 To: King Street Estimated VDOT Project Expenses Locality Project Manager Contact info Luke Pugh; 540 - 853 -5208 Luke.Pugh@RoanokeVa.gov $0 Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Cheryl.Becker@vdot.virginia.gov $17,500 Project Estimates Phase Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Maximum Reimbursement (Estimated Cost - Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Estimated Locality Project Expenses $23,172 $0 $1,762,849 $1,786,021 ZiN $15,336 Estimated VDOT Project Expenses $7,500 $0 $10,000 $17,500 $0 Estimated Total Project Costs $30,672 $0 $1,772,849 $1,803,521 Project Cost and Reimbursement Phase Estimated Project Costs 1 Funds type (Choose from drop down box) Local %Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost - Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $30,672 Revenue Sharing 50% $15,336 $15,336 $1,803,521 $0 $0 Total PE $30,672 $15,336 $15,336 $7,836 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $1,375,894 Revenue Sharing 50% $687,947 $687,947 $396,955 Local Funds 100% $396,955 $0 $0 $0 Total CN $1,772,849 $1,084,902 $687,947 $677,947 Total Estimated Cost $1,803,521 $1,100,238 $703,283 $685,783 Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $703,2 83 Estimated Total Reimbursement b VDOT to Locality (Less Local Share and VDOT Expenses) $685,783 Project Financing Revenue Sharing State Match Revenue Sharing Local Match Local Funds Aggregate Allocations $703,283 $703,283 $396,955 $1,803,521 Program and Project Specific Funding Requirements This project shall be administered in accordance with VDOTs Locally Administered Projects Manual and Revenue Sharing Program The project will be constructed and maintained in accordance with VDOT's Urban Manual, The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without )proval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $703,283 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY13 - $53.174 ($26,587 locality match and $26,587 VDOT match) FY15 - $399,392 ($199,696 locality match and $199,696 VDOT match) FY16 - $31.190 ($15,595 locality match and $15,595 VDOT match) FY17 - $922,810 ($461,405 locality match and $461,405 VDOT match) This project is part of a Programmatic Project Administration Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. This project was previously under an executed Programmatic Project Administration Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes I previous versions signed by the Locality and VDOT. Allocated funding expended under the Programmatic Project Administration Agreement (PPAA) that is being replaced by this PPAA equals $702,597 as of 6/30/19. This attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Appendix A Project Number: 0000- 199 -R99 I Ipr.- 111944 Date: -- -- Project Location ZIP +4: 24015 -4823 ivrM Locality DUNS# 006704316 Estimated Project Costs LUGdllt : UITY OT KoanOKe Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Scope: Roanoke River Greenway Bridge the Gap Phase II Segment 2 - Construct final section. From: Roanoke Ave choose from drop down box) To: Bridge Street (Estimated Cost -Local Locality Project Manager Contact info: Luke Pugh; 540 - 853 -5208 Luke.Pugh@RoanokeVa.gov $3,000,000 Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Cheryl. Becken vdot.vir inia. ov Project Estimates Preliminary Engineering Right of Way and Utilities I Construction Total Estimated Cost Locauty Nrolect Expenses 1 $396,000 $97,500 $5,491,500 $5,c VDOT Project Expenses $4,000 $2,500 $8,500 $1 Total Protect Costs Bann nnn I e,nn nnn I — Pro ect Cost and Reimbursement Phase Estimated Project Costs Funds type Local %Participation for Maximum Reimbursement Estimated Reimbursement Match Match choose from drop down box) Funds Type Local Share Amount (Estimated Cost -Local to Locality $3,000,000 $3,000,000 Share) (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $400,000 Revenue Sharing 50% $200,000 $200,000 $0 $0 Total PE $400,000 $200,000 $200,000 $196,000 Right of Way R Utilities $100,000 Revenue Sharing 50% $50,000 $50,000 $0 $0 Total RW $100,000 $50,000 $50,000 $47,500 Construction $5,500,000 Revenue Sharing 50% $2,750,000 $2,750,000 $0 $0 $0 $0 Total CN $5,500,000 $2,750,000 $2,750,000 $2,741,500 Total Estimated Cost $6,000,000 $3,000,000 $3,000,000 $2,985,000 Total Maximum Reimbursement by VDOT to Locality (Less Local Share and 985 Project Financing Revenue Sharing State Revenue Sharing Local Aggregate Match Match Allocations $3,000,000 $3,000,000 $6,000,000 Program and Project Specific I This project shall be administered in accordance with VDOT's Locally Administered Projects Manual The project will be constructed and maintained in accordance with VDOT's Urban Manual. The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without pproval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality shall complete project scoping on or before 08/03/20 This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $3,000,000 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY19 - $3,634,712 ($1,817,356 locality match and $1,817,356 VDOT match) FY20- $2,365,288 ($1,182,644 locality match and $1,182,644 VDOT match) This project is part of a Programmatic Project Administration Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. This project was previously under an executed Programmatic Project Administration Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes I previous versions signed by the Locality and VDOT. I Allocated funding expended under the Programmatic Project Administration Agreement (PPAA) that is being This attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 by this PPAA equals $1,322 as of 6/30/19. Authorized VDOT Official and Date Jay Guy Program Manager Typed or printed name of person signing Appendix A Project Number: 0000- 128 -R23 U PC: 113139 CFDA # N/A Locality: Citv of RoannkP Date: Project Location ZIP +4: 24011 -0016 Locality DUNS# 006704316 Preliminary Engineering Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Total Estimated Cost Scope: FY19 RS Citywide Curb, Gutter, & Sidewalk construction with associated drainage improvements From: Multiple locations $0 To: Multiple locations $12,500 Locality Project Manager Contact info: Luke Pugh; 540 - 853 -5208 Luke.Pugh@RoanokeVa.gov $12,500 Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Cheryl. Becker@vdot.virginia.gov Project Estimates Phase Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Maximum Reimbursement (Estimated Cost -Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Estimated Locality Project Expenses $12,500 $0 $4,750,000 $4,762,500 $12,500 Estimated VDOT Project Expenses $12,500 $0 $25,000 $37,500 $0 Estimated Total Project Costs $25,000 $0 $4,775,000 $4,800,000 Pro ect Cost and Reimbursement Phase Estimated Project Costs Funds a type (choose f om drop down box) Local % Participation for P Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost -Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $25,000 Revenue Sharing 50% $12,500 $12,500 $4,800,000 $0 $0 Total PE $25,000 $12,500 $12,500 $0 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $4,775,000 Revenue Sharing 50% $2,387,500 $2,387,500 $0 $0 $0 $0 Total CN $4,775,000 $2,387,500 $2,387,500 $2,362,500 Total Estimated Cost $4,800,000 $2,400,000 $2,400,000 $2,362,500 Total Maximum Reimbursement by VDOT to Locality (Less Local Share) Total Reimbursement by VDOT to Locality (Less Local Share and VDOT 362 Project Financing Revenue Sharing State Match Revenue Sharing Local Match Aggregate Allocations $2,400,000 $2,400,000 $4,800,000 and This project shall be administered in accordance with VDOT's Locally Administered Projects Manual The project will be constructed and maintained in accordance with VDOT's Urban Manual. • The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. . This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $2,400,000 • All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. • Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. • This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. • Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY17 - $75,436 ($37,718 locality match and $37,718 VDOT match) FY19 - $2,199,104 ($1,099,552 locality match and$1,099,552 VDOT match) FY20 - $2,525,460 ($1,262,730 locality match and $1,262,730 VDOT match) • This project is part of a Programmatic Project Administration Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. • This project was previously under an executed Programmatic Project Administration Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes all previous versions signed by the Locality and VDOT. • Allocated funding expended under the Programmatic Project Administration Agreement (PPAA) that is being replaced by this PPAA equals $475 as of 6/30/19. — --........ „ — _ — ,1,a,.� .1. o uus —umem uy me parses to mis agreement. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date _ Jay Guy, Program Manager Typed or printed name of person signing Appendix A Date: Project Number: 0000- 128 -R24 UPC: 113140 CFDA # N/A Locality: City of Roanoke Project Location 2IP +4: 24011 -0016 Locality DUNS# 006704316 Preliminary Engineering Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Total Estimated Cost Scope: Roanoke Citywide stormwater improvements - FY19 -20RS. Improvements consist of installation of stormdrains, pipe, curb and gutter, and installation of water quality structures. From: Multiple locations $6,334,064 To: Multiple locations $0 Locality Project Manager Contact info: Dwayne R. D'Ardenne 540- 853 -5901 Dwayne. D'Ardenne roanokeva. ov Department Project Coordinator Contact Info Cheryl Becker; 540 387 -5399, Cheryl. Becker@vdot.virginia.gov Project Estimates Phase Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Estimated Locality Project Expenses $9,500 $0 $6,324,564 $6,334,064 Estimated VDOT Project Expenses $9,500 $0 $5,000 $14,500 Estimated Total Project Costs $19,000 $0 $6.329,564 $6,348,564 Project Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost -Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $19,000 Revenue Sharing 50% $9,500 $9,500 Allocations $3,186,782 $3,186,782 $0 $0 $6,373,564 Total PE $19,000 $9,500 1 $9,500 $0 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $6,329,564 Revenue Sharing 50% $3,164,782 $3,164,782 $0 $0 $0 $0 Total CN $6,329,564 $3,164,782 $3,164,782 $3,159,782 Total Estimated Cost $6,348,564 $3,174,282 $3,174,282 $3,159,782 Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $3,186,782 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $3,159,782 Project Financing Revenue Sharing Revenue Sharing Aggregate State Match Local Match Allocations $3,186,782 $3,186,782 $6,373,564 Program and Project Specific Funding Requirements • This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Revenue Sharing Program Guidelines. • The project will be constructed and maintained in accordance with VDOT's Urban Manual. • The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without approval of the DEPARTMENT, the LOCALITY inherently agrees.. by execution of this agreement, to make restitution, either physically or monetarily. as required by the DEPARTMENT. • This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $3,186,782 • All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. • Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. • This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. • Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years. FY16 - $206,944 ($103,472 locality match and $103,472 VDOT match) FY17 - $110,346 ($55,173 locality match and $55.173 VDOT match) FY19 - $2,093,300 ($1,046,650 locality match and$1,046,650 VDOT match) FY20 - $3,962.974 ($1,981,487 locality match and $1,981,487 VDOT match) • This project is part of a Programmatic Project Administration Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. • This project was previously under an executed Programmatic Project Administration Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes all previous versions signed by the Locality and VDOT. • Allocated funding expended under the Programmatic Project Administration Agreement (PPAA) that is being replaced by this PPAA equals $224 as of 5/30/19. rhis attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Appendix A Project Number: 0000- 128 -R33 UPC: 114378 CFDA # N/A Locality: City of Roanoke Date: Project Location ZIP +4: 24017 -2301 Locality DUNS# 006704316 Locality Address (incl ZIP +4): 215 Church Ave. SW Roanoke, VA 24011 Project Narrative Scope: 22 storm drain structures, entrances, sidewalk, asphalt, utility relocation, site restoration, channel improvements, and associated work on Cove Road, Dansbury Drive From: Cove Road To: Dansbury Drive Locality Project Manager Contact info: Dwayne R. D'Ardenne 540 - 853 -5901 Dwayne.D'Ardenne@roanokeva.gov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Cheryl. Becker vdot.vir inia. ov Project Estimates Phase Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost ;iw Estimated Locality Project Expenses $1,000 $0 $833,130 $834,130 Estimated VDOT Project Expenses $1,000 $0 $5,000 $6,000 Estimated Total Project Costs $2,000 $0 $838,130 $840,130 Project Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost - Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $2,000 Revenue Sharing 50% $1,000 $1,000 Allocations $387,565 $387,565 $65,000 $0 $0 $840,130 Total PE $2,000 $1,000 $1,000 $0 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $773,130 Revenue Sharing 50% $386,565 $386,565 $65,000 Local Funds 100% $65,000 $0 $0 $0 TotalCN $838,130 $451,565 $386,565 $381,565 Total Estimated Cost $840,130 $452,565 $387,565 $381,565 Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $387,565 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $381,565 Project Financing Revenue Sharing Revenue Sharing Aggregate State Match Local Match Local Funds Allocations $387,565 $387,565 $65,000 $840,130 This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Revenue Sharing Program Guidelines. The project will be constructed and maintained in accordance with VDOT's Urban Manual. • The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. • This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $387,565 • All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. • Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. • This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. • Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY19 - $775,130 ($387,565 locality match and $387,565 VDOT match) • This project is part of a Programmatic Project Administration Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. • This project was previously under an executed Programmatic Project Administration Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes all previous versions signed by the Locality and VDOT. Allocated funding expended under the Programmatic Project Administration Agreement (PPAA) that is being replaced by this PPAA equals $175 as of 6/30/19. I his attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Appendix A o new 1 ID(` 11 A'17Q CFDA # v"A I orality Citv of Roanoke Date: Project Number. UVVU- ILO-RJy -- - - - ' Project Location ZIP +4: Locality DUNS# Locality Address (incl ZIP +4): Construction Total Estimated Cost 215 Church Ave. SW 24017 -2301 006704316 Roanoke, VA 24011 Project Narrative $306,907 $5,688 Graybill Rd drainage improvements to include: installation of new pipes, inlets, ditches; demolition /relocation of site features and site utilities, Scope: restoration of pavement, and other incidental site construction required to augment the storm drainage system infrastructure. From: Woodlawn Road To: Gilford Avenue Locality Project Manager Contact info: Dwayne R. D'Ardenne 540 - 853 -5901 Dwayne. D'Ardenne roanokeva. ov Department Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Che!yl.Becker@vdot.virginia.gov D--f Esti --fn Project Cost and Reimbursement Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Local Share Amount Estimated Locality Project Expenses $0 $0 $306,907 $5,000 $306,907 $5,688 Estimated VDOT Project Expenses $688 $0 Estimated Total Project Costs $688 $0 $311,907 $312,595 $0 Project Cost and Reimbursement Phase Estimated Project Costs Funds type (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost- Local Share) Estimated Reimbursement to Locality Max. Reimbursement - Est. VDOT Expenses) Preliminary Engineering $688 Revenue Sharing 50% $344 $344 Allocations State Match Local Match $0 $0 Total PE $688 $344 $344 -$344 Right of Way & Utilities $0 $0 $0 $0 $0 Total RW $0 $0 $0 $0 Construction $311,907 Revenue Sharing 50% $155,954 $155,953 $0 $0 Total CN $311,907 $155,954 $155,953 $150,953 Total Estimated Cost $312,595 $156,298 1 $156,297 $150,609 Total Maximum Reimbursement by VDOT to Locality (Less Local Share) 1 $156,297 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) 1 $150,609 Project Financing -T Aggregate Revenue Sharing Revenue Sharing 1� I I L Allocations State Match Local Match $156,297 $156,298 $312,595 Program and Project Specific Funding Requirements I • This project shall be administered in accordance with VDOTs Locally Administered Projects Manual and Revenue Sharing Program Guidelines. • The project will be constructed and maintained in accordance with VDOT's Urban Manual. The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion without )proval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $156,297 All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. Revenue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY19 - $312,595 ($156,298 locality match and $156,297 VDOT match) This project is part of a Programmatic Project Administration Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. This project was previously under an executed Programmatic Project Administration Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that supersedes previous versions signed by the Locality and VDOT. Allocated funding expended under the Programmatic Project Administration Agreement (PPAA) that is being replaced by this PPAA equals $260 as of 6/30/19. This attachment is certified and made an official attachment to this document by the parties to mis agreement. Authorized Locality Official and Date Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing Typed or printed name of person signing Revised: July 3, 2018 Date: Appendix A Project Number 0000 128 R35 UPC: 114380 CFDA # N/A Locality: City of Roanoke Project Location ZIP +4: E00670:4316 DUNS# Locality Address (Ind ZIP +4) 215 Church Ave. SW 124017-2301 I 0oanoke, VA 24011 Sunrise Avenue & Oakland Boulevard Drainage Improvements: Installation of approx 1,350 linear feet of various storm drain pipes, 13 storm drain structures, residential entrances, sidewalk, asphalt, utility relocation, site restoration, channel improvements, and associated work. Sunrise Avenue NW Roundhill Avenue NW pct Manager Contact info: Dwayne R. D'Ardenne 540 - 853 -5901 – — ne.D'Afdenne r0anokeva. OV Project Coordinator Contact Info: Cheryl Becker; 540 387 -5399; Uhe ry .Becker vdot.virginia. ov This attachment is certified and maae an ornciai auacaunem w -- — -- r . - v -- • -- •- ° - - - - Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing rry ec� MID BGl Maximum Reimbursement Estimated Reimbursement Phase Estimated Project Costs Preliminary Engineering Right of Way and Utilitiesated Local Share Amount Cost to Locality (Max. Reimbursement - Estimated Locality Project Expenses Estimated VDOT Project Expenses Estimated Total Project Costs $1,000 $1,000 $2,000 $0 $0 $0 7ii2iE 711 00 ,711 Est. VDOT Expenses) This attachment is certified and maae an ornciai auacaunem w -- — -- r . - v -- • -- •- ° - - - - Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing rry ec� vwa a Maximum Reimbursement Estimated Reimbursement Phase Estimated Project Costs Funds type box) Local % Participation for Funds Type Local Share Amount (Estimated Cost- Local to Locality (Max. Reimbursement - (Choose from drop down Share) Est. VDOT Expenses) Preliminary Engineering $2,000 Revenue Sharing 50% $1,000 $1,000 $0 $0 $2,000 $1,000 $1,000 $0 Total PE Way & Utilities $0 $0 $0 $0 $0 $0 Total RW $0 $0 $0 NC.nstruction $836,711 Revenue Sharing 50% $418,354.50 $418,356 $0 $0 Total CN $836,711 $418,355 $418,356 $413,356 $838,711 $419,355 $419,356 $413,356 stimated Cost Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $419,356 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $413,356 Pro ect Financin Aggregate Revenue Sharing Revenue Sharing Allocations State Match Local Match $838,711 $419,356 $419,355 Program and Project Specific Funding Requirements project shall be administered in accordance with VDOTs Locally Administered Projects Manual and Revenue Sharing Program Guidelines. project will be constructed and maintained in accordance with VDOT's Urban Manual. LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the LOCALITY subsequent to project completion either or monetarily, as required by the DEPARTMENT. without approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, physically is a limited funds project. The LOCALITY shall be re sponsible for any additional funding in excess of $419,356 [[eAll cal funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation. mbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. project has Revenue Sharing Program allocations. Per §33.2 -357 the project must progress in order to prevent these funds from being de- allocated. enue Sharing Program funds, as indicated in the Project Financing section, were approved in the following fiscal years: FY19 - $838,711 ($419,355 locality match and $419,356 VDOT match) project is part of a Programmatic Project Administration Agreement for Revenue Sharing Projects and is included on the Appendix B that is part of the agreement. under an executed Programmatic Project Administration Agreement (PPAA) that expires on June 30, 2019. This Appendix A is part of a new PPAA that • This project was previously supersedes all previous versions signed by the Locality and VDOT. • Allocated funding expended under the Programmatic Project Administration Agreement (PPAA) that is being replaced by this PPAA equals $161 as of 6/30/19. This attachment is certified and maae an ornciai auacaunem w -- — -- r . - v -- • -- •- ° - - - - Authorized Locality Official and Date Typed or printed name of person signing Revised: July 3, 2018 Authorized VDOT Official and Date Jay Guy, Program Manager Typed or printed name of person signing C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2019. No. 41631 - 120219. AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable Wireless Facilities License Agreement with Cox Wireless Access, LLC ( "Cox "), that allows the construction, maintenance, and operation of Wireless Facilities in the City's Public Ways in order to provide Wireless Services within certain areas of the City; authorizing the City Manager to implement, administer, and enforce such Temporary Nonexclusive Revocable Wireless Facilities License Agreement; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Temporary Nonexclusive Revocable Wireless Facilities License Agreement with Cox (Licensee), that allows the construction, maintenance, and operation of Wireless Facilities in the City's Public Ways in order to provide Wireless Services within certain areas of the City, all as is more particularly set forth in the City Council Agenda Report to this Council dated December 2, 2019. 2. The term for the Temporary Nonexclusive Revocable Wireless Facilities License Agreement shall be for five years, and continue month to month, subject to being revoked by the City upon 90 days' notice to Licensee. 3. The Temporary Nonexclusive Revocable Wireless Facilities License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the City Council Agenda Report to this Council dated December 2, 2019. O- Authorize temporary license agreement — Cox (12.2.19) 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to implement, administer, and enforce such Temporary Nonexclusive Revocable Wireless Facilities License Agreement, with any such documents being approved as to form by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: W004;—) h--)'� City Clerk. O- Authorize temporary license agreement — Cox (12.2.19) 2 Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 The Honorable Sherman P. Lea, Sr., and Members of Council TELEPHONE 540- 853 -2431 FAX 540 - 853 -1221 EMAIL: cityatty @roanokeva.gov December 2, 2019 Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Assistant City Attorneys Re: Temporary Nonexclusive Revocable Wireless Facilities License Agreement for Cox Wireless Access, LLC Mayor Lea and Members of Council: Background: In June 2019, Cox Wireless Access, LLC (Cox) requested a Temporary Nonexclusive Revocable Wireless Facilities License Agreement (License Agreement) for the right for Cox to install small cell wireless facilities at various locations in the City's public right -of -way. Considerations: Cox and City staff have negotiated a Temporary Nonexclusive Revocable Wireless Facilities License Agreement that will allow Cox to install, operate and maintain Wireless Facilities in the City's Public Ways in order to provide Wireless Services within certain areas of the City. Such License Agreement is substantially similar to other license agreements that have been granted by the City to other telecommunications providers operating in the City. Such License Agreement provides that Cox will be granted a License Agreement for the term of five years and month to month thereafter. The License Agreement provides that Cox will owe the City an annual user fee and any fees and other compensation that may be allowed and are due in accordance with the law to the City and the Commonwealth of Virginia under applicable federal, state, and local laws, ordinances, and regulations. The License Agreement also provides that Cox will comply with the City's Right of Way Excavation and Restoration Standards with regard to any work that it does in the City's public ways. The Department of Technology and other City departments have reviewed Cox's request for the License Agreement. The Department of Technology, in consultation with the Planning Division, Transportation Division, and the Director of Public Works, has no objections to the request of Cox for the License Agreement, and believes that the License Agreement will protect the City's interest in being able to manage the installation of small cell facilities in the City's public right -of -way. Recommended Action: Authorize the City Manager to execute a Temporary Nonexclusive Revocable Wireless Facilities License Agreement with Cox Wireless Access, LLC that allows Cox the right to install, operate and maintain Wireless Facilities in the City's Public Ways in order to provide Wireless Services within certain areas of the City, as set forth above and in the License Agreement. The term of such License Agreement will be for five years and continue month to month thereafter, subject to being revoked by the City upon 90 days' notice to Cox. The License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to this letter. Authorize the City Manager to take such action and execute such documents as necessary to implement, administer, and enforce such License Agreement. All such other documents shall be in a form approved by the City Attorney. Sincerely, Laura M. Carini Assistant City Attorney for Daniel J. Callaghan City Attorney DJC /lmc c: Robert S. Cowell, Jr., City Manager Stephanie M. Moon Reynolds, City Clerk Troy A. Harmon, Municipal Auditor Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke E. Pugh, P.E., City Engineer Vanessa Bohr, Director of Technology Mark D. Jamison. P.E., Manager of Transportation Ian Shaw, Planning Administrator STEPHANIE M. MOON REYNOLDS, NINIC Citv Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(groanokeva.gov December 3, 2019 CECELIA F. MCCOY, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk The Honorable Donald J. Trump, President of the United States of America The Honorable United States Alex Azar The Honorable A , Secretary of Heath and Human Services The Honorable Ralph C. Northam, Governor of Virginia Gentlemen: I am enclosing an attested copy of Resolution no. 41632 -1 20219 consenting to and supporting refugee resettlement in the y of The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 2019. Sincerely, Stephanie M. Moon Reyno ds, M City Clerk Enclosure IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2019. No. 41632- 120219. A RESOLUTION consenting to and supporting refugee resettlement in the City of Roanoke, Virginia. WHEREAS, the President of the United States of America recently promulgated Executive Order 13888. entitled Enhancing State and Local Involvement in Refugee Resettlement, which instructs the United States Secretary of State and the United States Secretary of Health and Human Services to seek consent from local and state authorities prior to continuing ongoing refugee resettlement activities; WHEREAS, the City Council affirms its support for the resettlement of refugees: and WHEREAS, the City Council encourages other Virginia localities to join with the City of Roanoke in supporting a stronger national effort to resettle refugees. NOW. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Roanoke City Council supports refugee resettlement in the City of Roanoke, Virginia. 2. The Mayor is authorized to send a letter consenting to refugee resettlement to the United States Secretary of State. 3. The City Clerk is directed to forward an attested copy of this resolution to the United States Secretary of State, the United States Secretary of Health and Human Services, the Honorable Donald J. Trump, President of the United States of America, and the Honorable Ralph S. Northam, Governor of the Commonwealth of Virginia. ATTEST: kJ City Clerk. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2019. No. 41632 - 120219. A RESOLUTION consenting to and supporting refugee resettlement in the City of Roanoke, Virginia. WHEREAS, the President of the United States of America recently promulgated Executive Order 13888, entitled Enhancing State and Local Involvement in Refugee Resettlement, which instructs the United States Secretary of State and the United States Secretary of Health and Human Services to seek consent from local and state authorities prior to continuing ongoing refugee resettlement activities; WHEREAS, the City Council affirms its support for the resettlement of refugees; and WHEREAS, the City Council encourages other Virginia localities to join with the City of Roanoke in supporting a stronger national effort to resettle refugees. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Roanoke City Council supports refugee resettlement in the City of Roanoke, Virginia. 2. The Mayor is authorized to send a letter consenting to refugee resettlement to the United States Secretary of State. 3. The City Clerk is directed to forward an attested copy of this resolution to the United States Secretary of State, the United States Secretary of Health and Human Services, the Honorable Donald J. Trump, President of the United States of America, and the Honorable Ralph S. Northam, Governor of the Commonwealth of Virginia. ATTEST: &"" D-), OM ko t4l City Clerk. Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011.1595 TELEPHONE 540 - 853.2431 FAX 540- 853 -1221 EMAIL: cityatty @roanokeva.gov December 2, 2019 The Honorable Sherman P. Lea, Sr., Mayor And Members of Council Re: State and Local Involvement in Refugee Resettlement Mayor Lea and Members of Council: Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Assistant City Attorneys BACKGROUND On September 26, 2019 President Trump signed Executive Order #13888 entitled "Enhancing State and Local Involvement in Refugee Resettlement which requires that the United States Secretary of Health and Human Services seek consent from state and local authorities prior to continuing ongoing refugee resettlement activities. This Executive Order may restrict the flow of refugees into the United States by allowing states and localities within those states to decline the placement of refugees within those states and localities. To continue to allow refugee resettlement in a locality, both a state and a locality within that state would have to affirmatively indicate their willingness to allow refugee resettlements to occur. On Monday, November 25 2019 Governor Northam sent the attached letter to President Trump supporting refugee resettlement within the Commonwealth of Virginia. Open refugee resettlement in the United States has long been an operating principle of the United States government and the City, home to citizens from more than 100 nationalities, should reaffirm its commitment to refugees by consenting to refugee resettlement in the City. RECOMMENDATION City Council adopt the attached resolution affirming the City's support for the resettlement of refugees in the City of Roanoke, authorize the Mayor to sign a letter consenting to refugee resettlement in Virginia to be sent to the United States Secretary of State and the United States Secretary of Health and Human Services, and direct that a copy of this resolution be provided to President Trump and Governor Northam. Respectfully submitted, Daniel J. Callaghan Roanoke City Attorney DJC /lsc c: Council appointed officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development r� G0- ffIYIO.IV1VE LTTI of TJRGIN 14 Office of the C�oi,ernor November 25, 2019 Secretary Michael R. Pompeo U.S. Department of State 2201 C Street NW Washington DC, 20520 Via Electronic Mail: RefResettlement- PRMAstate.gov Dear Secretary Pompeo: I have read federal Executive Order 13888, and I write to reaffirm Virginia's position that we welcome refugee resettlement in the Commonwealth. Virginia has welcomed refugees who are fleeing war, persecution, or other dire circumstances. We know that no one chooses to abandon their home until conditions become so difficult that the unknown is preferable. The United States has long presented itself as a haven, a place of stability and economic prosperity. We promote the ideals upon which this country was founded, of liberty and freedom. But to uphold those ideals abroad, we must allow access to them here at home. We must practice what we preach. Virginia helps refugees settle into new homes only in those localities that participate in the Virginia Community Capacity Initiative, which ensures that a community's elected officials, faith leaders, schools, and other stakeholders are committed to helping refugees build new homes and lives. We work with resettlement agencies that have deep ties to these communities. We have always been clear that successful resettlement only happens with community involvement. Because of our proximity to Washington, D.C., we are a preferred location for many Special Immigrant Visa holders — Iraqi and Afghanistan refugees who provided services to the U.S. military in those countries, and whose lives and families are in danger because of that service. Patrick Henry Building -I I I I East Broad Street • Richmond, Virginia 23219 (804) 786-2211 • TTY (800) 828 -1120 govemor.virginia.gov In recent years, as the federal government has lowered the number of refugees accepted into the United States, so has Virginia's refugee number dropped. We have the capacity to accept and help more refugees than we currently have. These are people who no longer have a home. History shows us that this could happen to any of us. We must all imagine ourselves in their shoes, and treat them as we would wish to be treated. If I were ever in such a position, I hope a friendly country would take me in and let me rebuild my life in peace and safety. I believe people of decency would share that hope. Virginia's lights are on and our doors are open, and we welcome new Virginians to make their homes here. Sincerely, Ralph S. Northam CC: Principal Deputy Assistant Secretary Carol T. O'Connell Bureau of Population, Refugees, and Migration U.S. Department of State Patrick Henry Building • 111 1 East Broad Street • Richmond, Virginia 23219 (804) 786-2211 • TTY (800) 828 -1120 go v ern or. v i rgini a. go v CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(d_ roanokeva.gov STEPHANIE N1. 1100N REYNOLDS, TIC City Clerk December 3, 2019 Scott Tate 2602 Oregon Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Tate: CECELIA F. IN1CCOY, CN1C Deputy City Clerk CECELIA T. NVEBB, CHIC Assistant Deputy City Clerk At a regular meeting of the Council of the a Cmtember of the Roanoke Public Roanoke held L brary Board December 2, 2019 you were appointed a to fill the unexpired term of office of John R. F. Lewis ending June 30, 2021. :-A.---* -"A nn ()ath nr Affirmation oll Enclosed you will find a certlrlcalt: u- Office which may be administered I the CI *-A „n the third floor of the Ro Facility, 31 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 tandheacht member is aequ required read and become within two weeks of your appointment familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Roanoke Public Library Board. Sincerely, �k �n. M Stephanie M. Moon s, M C City Clerk Enclosures PC: Sheila Umberger, Secretary, Roanoke Public Library Board w /application COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of December 2019, SCOTT TATE was appointed as a member of the Roanoke Public Library Board to fill the unexpired term of office of John R. F. Lewis ending June 30, 2021. Given under my hand and the Seal of the City of Roanoke this third day of December 2019. City Clei