HomeMy WebLinkAboutCouncil Actions 12-03-07
WISHNEFF
37961-120307
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 3, 2007
9:00 A.M.
ROOM 1 59
AGENDA
Call to Order -- Roll Call Council Members Dowe and Fitzpatrick arrived
late.
At this point Council Member Dowe arrived. (9:03 a.m.)
A communication from Mayor C. Nelson Harris 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.
Approved (6-0)
A communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss disposition of publicly-owned property, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia
(1950), as amended.
Approved (6-0)
1
A communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss disposition of publicly-owned property, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia
(1950), as amended.
Approved (6-0)
A communication from the City Manager requesting that Council convene in a
'Closed Meeting to discuss the award of a public contract involving the expenditure
of public funds, where discussion in an open session would adversely affect the
negotiating strategy of the City, pursuant to 92.2-3711.A. 29, Code of Virginia
(1950), as amended.
Approved (6-0)
Items listed on the 2:00 p.m. Council docket requiring discussion/clarification and
additions/deletions to the 2:00 p.m. agenda. (5 minutes)
Topics for discussion by the Mayor and Members of Council. (5 minutes)
BRIEFINGS:
.
Downtown Projects
90 minutes
At this point Council Member Fitzpatrick arrived at the meeting. (9:20 a.m.)
.
Carvins Cove Land Use Management Plan
Art Selection for Civic Center
1 5 minutes
10 minutes
.
THE COUNCIL MEETING WAS DECLARED IN RECESS AT 11 :20 A.M. AND
RECONVENED AT 12:18 P.M., A THEJOINT MEETING OF COUNCIL, THE ROANOKE
CITY SCHOOL BOARD AND AREA LEGISLATORS.
THE COUNCIL MEETING WAS DECLARED IN RECESS AT 1 :40 P.M., FOR CLOSED
SESSION AND RECONVENED THEREAFTER FOR THE 2:00 SESSION IN THE COUNCIL
CHAMBER.
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ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 3, 2007
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by Council Member Alfred T. Dowe, Jr.
The Pledge of Allegiance to the Flag ofthe United States of America was
led by Mayor C. Nelson Harris.
Welcome. Mayor Harris.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's Council meeting will be replayed on Channel 3 on Thursday,
December 6, 2007, at 7:00 p.m., and Saturday, December 8, 2007, at
4:00 p.m. Council meetings are offered with closed captioning for the hearing
impaired.
3
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL
AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO
PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE
INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY
CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL
BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA
ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA
MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON
THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE
AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A
PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY
COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR
ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS
WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS
BEEN RECEIVED BY THE CITY CLERK'S OFFICE.
ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE
CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER
WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR
TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING
HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT
FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE
THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED
AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT
THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION.
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Resolution naming the Reverend Frank W. Feather as Roanoke's Citizen of the
Year for the year 2007.
Adopted Resolution No.3 7961-120307. (7-0)
3.
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 meetings of Council held on Tuesday,
September 4, 2007 and Monday, September 17, 2007, recessed until
Thursday, September 20, 2007.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C-2 A communication from the City Manager requesting that Council
schedule a public hearing for Monday, December 17, 2007, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to the sale of
City-owned property, former Fire Station No.3, located at 301 6th
Street, S. W., to Interactive Design Group.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the City Manager requesting that Council
schedule a public hearing for Monday, December 17, 2007, at 7:0n p.m., or
as soon thereafter as the matter may be heard, on the request of the Art
Museum of Western Virginia, a non-stock, not for profit corporation, for tax
exemption status of certain real estate and personal property located at
110 Salem Avenue, S. E. and 302-312 Campbell Avenue, S. E.
RECOMMENDED ACTION: Concurred in the request.
5
C-4 A communication from the City Manager requesting that Council
schedule a public hearing for Monday, December 17, 2007, at 7:00 p.m., or
as soon thereafter as the matter may be heard, to consider a Deed of
Restriction on City-owned property located at 1909 Meadowbrook
Road, N. W.
RECOMMENDED ACTION: Concurred in the request.
C-5 A communication from the City Manager requesting that Council
schedule a public hearing for Monday, December 17, 2007, at 7:00 p.m., or
as soon thereafter as the matter may be heard, to consider the granting of an
easement of City-owned property to Hurt Park, LP.
RECOMMENDED ACTION: Concurred in the request.
C-6 A resolution in support of the designation of a driving route to be
called Wilderness Road: Virginia's Heritage Migration Route from Winchester
to Cumberland Gap in Western Virginia, including the two spurs of the
Carolina Road and the Fincastle/Cumberland Gap Turnpike.
Adopted Resolution No. 37962-120307. (7-0)
C-7 A report of qualification of Vincent C. Dabney as a City representative
to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending
December 31, 2010.
RECOMMENDED ACTION: Received and filed.
C-8 A resolution approving the design and placement of a sculpture at the
Roanoke Civic Center in celebration of the City's 12 5th anniversary.
Adopted Resolution No. 37963-120307. (7-0)
REGULAR AGENDA
4. PUBLIC HEARINGS:
a. Adoption of a resolution authorizing the issuance of General Obligation
Bonds, in an amount not to exceed $3.8 million, for public buildings.
Jesse A. Hall, Director of Finance.
Adopted Resolution No. 37964-120307. (7-0)
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5. PETITIONS AND COMMUNICATIONS:
a. Presentation from the Roanoke Prevention Planning Team regarding
data on City of Roanoke youth. Ray Bemis, Prevention Specialist, Blue
Ridge Behavioral Healthcare, Spokesperson. (Sponsored by the City
Manager.)
Received and filed.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Authorization to increase the staff complement in the Social
Services Department for the VISSTA Area Training Center; and
transfer of funds.
Adopted Budget Ordinance No. 37965-120307. (7-0)
2. Authorization to execute an amendment to the City's agreement
with the Virginia Department of Transportation, in connection
with further landscape improvements for the Lick Run Greenway
Project; and appropriation of funds.
Adopted Resolution No. 37966 -120307 and Budget Ordinance
No. 37967-120307. (7-0)
3. Acceptance of additional funding for the Employment
Advancement for TANF Participants grant from the Virginia
Department of Social Services; and appropriation of funds.
Adopted Resolution No. 37968-120307 and Budget Ordinance
No. 37969-120307. (7-0)
4. Appropriation and transfer of additional funds in connection with
the Williamson Road Fire Station.
Adopted Budget Ordinance No. 37970-120307. (7-0)
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5. Execution of a Performance and Loan Agreement between the
City of Roanoke, the Economic Development Authority, and The
Hancock Building, LLC., in connection with the restoration work
at 35 Campbell Avenue, S. w.
Adopted Ordinance No. 37971-120307. (5-2, Council
Members Lea and Wishneff voting no.)
b. CITY ATTORNEY:
1. Amendment of the City Code to prohibit the rental of dwelling
units which do not have a current certificate of compliance, but
are subject to the Rental'nspection Program.
Adopted Ordinance No. 37972-120307. (7-0)
c. DIRECTOR OF FINANCE:
1. Financial Report for the month of October 2007.
Received and filed.
7. REPORTS OF COMMITTEES: NONE.
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Mason announced that she attended the Fire-EMS
Promotion Ceremony which was held on Wednesday, November 28,
2007, in the Council Chamber. She also called attention to
December 11, 2007, as Pearl Harbor Day. In recognition of said day,
she read a letter addressed to her grandmother written by her father
who was a soldier in World War II.
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b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL.
Evelyn Bethel, 35 Patton Avenue, N. E.
12. CITY MANAGER COMMENTS:
The City Manager commented about the ribbon cutting ceremony for the
Sportsman Warehouse located on Hershberger Road, N. W.; the new role of
Chris Copenhaver in Economic Development; and a meeting with homeless
providers.
CERTIFICATION OF CLOSED SESSION.
Recessed at 3:30 p.m. for a Closed Session in Room 451 and reconvened at
4:28 p.m. in the Closed Session.
9
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
C. NELSON HARRIS
Mayor
December 3, 2007
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss 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.
Sincerely,
C!.!ltla6M .
C. Nelson Harris
Mayor
CNH:ew
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S,W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly-owned property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the
public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended.
Respectfully submitted,
Darlene L. B rcham
City Manager
DLB/lsc
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Stephanie M. Moon, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S,W" Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov.
December 3, 2007
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly-owned property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the
public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended.
ch
Darlene L. Burc
City Manager
DLB/lsc
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Stephanie M. Moon, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W" Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene a closed meeting to discuss the award
of a public contract involving the expenditure of public funds, where discussion in
an open session would adversely affect the negotiating strategy of the City,
pursuant to 92.2-3711 .A. 29, Code of Virginia (1950), as amended.
Respectfully submitted,
~~
o ,.
Darlene L. B ~cham
City Manage
DLB/lsc
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Stephanie M. Moon, City Clerk
~~~
~
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2007.
No. 37961-120307.
A RESOLUTION naming the Reverend Frank W. Feather as Roanoke's Citizen
of the Year for 2007.
WHEREAS, Reverend Feather, a Roanoke native, was educated at Forest Park
Elementary, Monroe Junior High, and Jefferson High School in the Roanoke public
school system, and he received his theological degree from Pioneer Theological
Seminary;
WHEREAS, he was reared in northwest Roanoke, where in his infancy through
the middle years of his youth he was an active member of the Villa Heights Baptist
Church, pastored by his mentor, the late Reverend J. Landon Maddex;
WHEREAS, during his employment with General Electric in Salem, Reverend
Feather became a charter member of Emmanuel Baptist Church, and served in various
capacities, in music, education, and youth programs. He served with the late Dr. H. W.
Connelly, Sr., and his close friend, the Reverend Jimmy D. Edwards. He also served as
interim pastor the latter part of 1969;
WHEREAS, after sixteen years of dedicated service with General Electric in
Salem, Virginia, he left the plant to enter the ministry full time. His first pastorate was
with the Mountain View Baptist Church at Catawba, in Roanoke County. After four years
of pas to ring, he was called to serve the Forest Park Baptist Church in northwest Roanoke
in the spring of 1974. He has served as pastor of the integrated congregation for 34
years. He has shown exemplary dedication in ministering and caring for the needs of each
member and the residents of the northwest community;
WHEREAS, as a public servant, Reverend Feather has demonstrated a heartfelt
interest in addressing race relations, children and youth, yoUng and senior adult concerns,
homelessness, neighborhood and community improvement issues and projects by
working closely, as brothers, with his long-time friend, Reverend Dr. Kenneth B. Wright
of First Baptist Church of Gainsboro. This brotherhood has enhanced their relationship
with the Anglo-American and African-American churches. He and his church partnered
with First Baptist Church and Pastor Wright to build one of the first Habitat for Humanity
houses, which was constructed on Kellogg Avenue in northwest Roanoke;
WHEREAS, under the leadership of Reverend Feather, Forest Park Baptist
Church housed a component of the Noel C. Taylor Academy of the Roanoke school
system for several years, free of charge, and he often assisted the staff in counseling the
students;
WHEREAS, Reverend Feather served as a volunteer chaplain for Carilion
Roanoke Memorial and Carilion Community Hospitals for nearly thirty years, and as a
chaplain for Oakey's Funeral Service and Crematory for about twenty years, conducting
services for the indigent and other families, and counseling bereaved families, at no
charge;
WHEREAS, Reverend Feather's love for trains and the memones of his
childhood spent with his father, who was employed as a switchman in the West Yard of
the Norfolk and Western Railroad, now takes him often to the Virginia Museum of
Transportation; and
WHEREAS, Reverend Feather was very active on the following boards and
committees for the City of Roanoke:
. Founding member of the Roanoke Neighborhood Partnership Steering
Committee;
. Citizens' Services Steering Committee;
. Advisory Board of Human Resources (formerly the Human Services Board);
. Fair Housing Board;
. Committee on the Homeless;
. TAP's Poverty Taskforce;
. Transitional Living Center Board; and
. The Roanoke Valley Drug and Alcohol Abuse Council.
He has also served 32 years as Clerk of the Roanoke Valley Baptist Association.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. This Council with great pride and respect and admiration hereby names
the Reverend Frank: W. Feather as Citizen of the Year for 2007 in the City of Roanoke,
Virginia.
2. The City Clerk is directed to furnish an attested copy of this resolution to
Reverend Feather.
ATTEST:
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S,W" Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Request to Schedule a Public
Hearing for the Sale of City-
Owned Property
Background:
Interactive Design Group located at 119 Norfolk Avenue, Suite 330 in
Roanoke, Virginia, has offered to purchase a City parcel (tax map Number
1112411), the former location of the City of Roanoke Fire Station #3,
located at 301 6th Street, S.W. The offer is $171,000. The prospective
purchaser, Interactive Design Group, which is in the process of forming a
holding company designated as Bella Vita Holdings, LLC., under which it
requests to take title, plans to renovate both the exterior and interior of
the building and relocate their architectural firm to this location as a
permanent address. There are no conditions to the sale. A public hearing
is required prior to the City Council authorizing the sale of this City-owned
property.
Recommended Action:
Authorize the scheduling of a public hearing to consider the sale of the
aforementioned property for December 17, 2007.
Honorable Mayor and Members of City Council
December 3, 2007
Page 2
Respectfully submitted,
~~
Darlene L. Bur-r;:::.
City Manager
DLB:c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist"
CM07-00185
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Subject: Tax Exemption Request -
Art Museum of Western Virginia
Dear Mayor Harris and Members of City Council:
Pursuant to the requirements of the Virginia Code, the City of Roanoke is
required to hold a public hearing on a request from the Art Museum of Western
Virginia, a non-stock, not for profit corporation, for tax exemption of certain
real estate and personal property in the City. This is to request that a public
hearing be advertised on the above matter for Council's regular meeting to be
held on Monday, December 17, 2007 at 7:00 p.m. A full report will be included
in the December 17, 2007, agenda material for your consideration.
1
.-'
Darlene L. Bu ~ham
City Manager
DLBjrbl
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
CM07-00177
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Request to Schedule a Public
Hearing for a Deed Restriction on
City-Owned Property -
1 909 Meadowbrook Road
Background:
The City Engineering Department has acquired the flood prone property at 1909
Meadowbrook Road under the FEMA Hazard Mitigation Grant Program. As a
condition of the grant, the property must be maintained as open space in
accordance with the attached deed of restriction. A public hearing is required prior
to the City Council authorizing the deed of restriction.
Recommended Action:
Authorize the scheduling of a public hearing to consider the deed of restriction for
the aforementioned property for December 17, 2007, at 7:00 p.m.
Respectfully submitted,
Darlene L. Bu cham
City Manager
c: William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Jesse A. Hall, Director of Finance
Robert K. Bengtson, PE, Director of Public Works
Glenn A. Asher, Risk Management Officer
CM07-00188
Exemption Claimed: City exempt from recordation taxes
and fees pursuant to 58.1811 A(3), Code of Virginia.
Prepared by the Office of the City Attorney
Tax Map No. 6140706
Property Owner: City of Roanoke, Virginia
DEED OF RESTRICTION
The CITY OF ROANOKE, Virginia ("City"), a municipal corporation organized and
existing under the laws of the Commonwealth of Virginia, as attested by the undersigned
signature of its Mayor, does of its own free will, impose the following restrictive covenants
upon the following described property, located in the City of Roanoke, Virginia, such property
being 13,446 square feet and consisting of 0.3087 acres now owned by the City, by deed dated
May 16, 2007, on record in the Circuit Court for the City of Roanoke, Virginia, as Instrument
No. 030005869, a copy of which is attached and incorporated by reference herein ("Property")
and further described as follows to wit:
Tax Map No. 6140706
BEING all of that property known as Lot 6, Block 7, according to Map of Section
No.1, Norwood, which map is recorded in Plat Book 3, page 119, in the Circuit
Court Clerk's Office for the County of Roanoke, Virginia, and
The following restrictive covenants are hereby created, declared and established, and
made for and in consideration of the mutual covenants existing or hereinafter to exist by and
between the City and any grantee or grantees of this Property and are made with the express
intent of ensuring that no structures are built on the Property which is located within a 100 year
flood plain and compliant with such other restrictions as are further stated below and required
by the terms of the Hazard Mitigation Grant Program grant by which funds were made
available for the purchase of the Property.
1. The City agrees that the land shall be used only for purposes compatible with
open space, recreational, or wetlands management practices;
C:\DOCUME-l \cmjbl \LOCALS-l \Temp\notesFFF692\Attachment for 120307,Council Report.l909 Meadowbrook Restriction Deed,doc
2. The City agrees that no new structures or improvements shall be erected on the
premises other than a restroom or a public facility that is open on all sides and functionally
related to the open space use;
3. The City acknowledges that it will not be considered for any future disaster
assistance for any purpose relating ,to the subject land from any Federal source, and agrees not to
seek the same;
4. The City agrees that it shall convey the Property only to another public entity
and only with prior approval from the Regional Director of FEMA. Such conveyance shall be
made expressly subject to the above-referenced conditions and restrictions which shall run with
the property in perpetuity.
WITNESS the following signatures and seals:
CITY OF ROANOKE, VIRGINIA
By
Darlene L. Burcham
City Manager
STATE OF
CITY/COUNTY OF
)
), to-wit:
The foregoing instrument was acknowledged before me this _ day of ,
2007, by Darlene L. Burcham, the City Manager for the City of Roanoke, for and on behalf of
the City.
My commission expires:
Notary Public
Approved as to Form:
Assistant City Attorney
C:\DOCUME-l\cmjbl \LOCALS-l \Temp\notesFFF692\Attachment for 120307,Council Report, 1909 Meadowbrook Restriction Deed,doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S,W" Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request for a Public Hearing
Pursuant to the requirements of the Code of the Commonwealth of Virginia, the
City of Roanoke is required to hold a public hearing to consider the granting of an
easement over City owned property. Hurt Park, LP is seeking the following
easements: 1) 20 foot wide permanent storm water drainage and access for
maintenance; 2) 40 foot wide temporary construction access easement for up to
fifteen (15) months extending from proposed New Hurt Park subdivision
underground piping through Hurt Park Elementary School property connecting to
existing city storm sewer manhole.
Recommended Action:
Schedule a public hearing to be held on Monday, December 17, 2007, at 7:00 p.m.
on the above matter.
Respectfully submitted,
Darlene L. Bur
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM07-00187
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk
December 5, 2007
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 11 79
Roanoke, Virginia 24006-11 79
The Honorable William H. Fralin, Jr.
Member, House of Delegates
P. O. Box 20363
Roanoke, Virginia 24018
The Honorable Onzlee Ware
Member, House of Delegates
P. O. Box 1745
)
Roanoke, Virginia 24008
Gentlemen:
I am enclosing copy of Resolution No.3 7962-120307 expressing the Council's
support of the designation of a driving route to be called the Wilderness Road:
Virginia's Heritage Migration Route from Winchester to Cumberland Gap in
Western Virginia, including the two spurs of the Carolina Road and the
Fincastle/Cumberland Gap Turnpike.
The abovereferenced measure was adopted by the Council of the City of
" Roanoke at a regular meeting held on Monday, December 3, 2007.
Sincerely,
~~.~
Jp.. Stephanie M. Moon, CMC
jJ City Clerk
SMM:ew
Enclosure
The Ho'norable John S. Edwards
The Honorable William H. Fralin, Jr.
The Honorable Onzlee Ware
December 5, 2007
Page 2
" -",\
pc.: David L. Kjolhede, Executive Director, Roanoke Valley Convention and
Visitors Bureau, 101 Shenandoah Avenue, S. W., Roanoke, Virginia 24016
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, As~istant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2007.
No. 37962-120307.
A RESOLUTION in support of the designation of a driving route to be called the Wilderness
Road: Virginia's Heritage Migration Route from Winchester to Cumberland Gap in Western Virginia,
including the two spurs of the Carolina Road and the Fincastle/Cumberland Gap Turnpike.
WHEREAS, from 1775 to 1810 an estimated 300,000 settlers traveled through Virginia to the
Cumberland Gap. This migration and western movement is a significant part of Virginia history and
had far reaching effects on the development of the United States of America. "Tpday, an estimated 43
r
million Americans can trace their ancestors to the migration through Virginia along the Wilderness
Road: Virginia's Heritage Migration Route;
WHEREAS, the historical migration of early settlers and pioneers to Virginia followed closely
to what is now Routes 11,58 and 23 from Winchester to Cumberland Gap;
WHEREAS, this driving route is being developed to preserve, interpret, and promote the
history, heritage, and culture of the early pioneer settlement and migration through Virginia, and the
role that Virginia played in the migration of settlers through the Cumberland Gap and the development
of the nation;
WHEREAS, the Wilderness Road Committee has been working for two years under the
leadership of the Virginia Tourism Corporation in partnership with tourism representatives from 28
localities and 12 state/federal partners to develop the driving route of the Wilderness Road: Virginia's
. , .
. . ".
Heritage Migration Route, and spurs known as the Carolina Road, and the Fincastle/Cumberland Gap
Turnpike, connecting with ,the Daniel Boone Wilderness Trail, and individual community loops for
each locality;
K:\Measures\Wildemess Road Heritage Migration Route,doc
WHEREAS, the mission of the committee is to develop a new tourism product to increase
economic growth, and tourism spending in the region, and to promote the Wilderness Road: Virginia's
Heritage Migration Route from Winchester to Cumberland Gap in a way that preserves and interprets
the heritage of the migration era from the 1700s to the mid 1800s, in order to increase tourism'
visitation and economic impact of tourism spending;
WHEREAS, this state designation would delineate the route and recognize the driving route as
the Wilderness Road: Virginia's Heritage Migration Route. This would not affect any other
designation heretofore or hereafter applied to this route or any portions thereof; and
WHEREAS, designation of this driving route allows for the further development of tourism as
a vital part of economic development, building on the tourism assets of the westward migration and
stimulating new tourism growth to Western and Southwestern Virginia.
THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Coupcil expresses its support to the General Assembly of the Commonwealth of
Virginia designating the Wilderness Road: Virginia's Heritage Migration Route; to include directional
signs along' the corridor to direct tourists along the driving trail and to the Roanoke Valley Visitor
Information Center.
2. City Council further supports the efforts of the Wilderness Road Committee to develop
the Wilderness Road: Virginia's Heritage Migration Route as a national and international tourism
product to increase visitation to Western and Southwestern Virginia.
ATTEST:
~.?/). ~
~ City Clerk. ' ,
K:\Measures\WiIdemess Road Heritage Migration Route.doc
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: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 4, 2007
Tim Steller, Executive Director
Blue Ridge Behavioral Healthcare
301 Elm Avenue, S. W.
Roanoke, Virginia 24016-4001
Dear Mr. Steller:
This is to advise you that Vincent C. Dabney has qualified as a City representative
to the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending
. December 31, 2010.
Sincerely,
~~.~
. J.c. Stephanie M. Moon, CMC
/- City Clerk
SNH:ew
'pc: Sheila N. Hartman, Deputy City Clerk
Adalina Allicott, Secretary, City Clerk's Office
K:\oath and leaving service\Blue Ridge Behavioral Healthcare\Vincent C Dabney qualification,doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Vincent C. Dabney, do solemnly 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 City representative to the
Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending
December 31, 2010, according to the best of my ability (So help me God).
L ~;l ~~
L u.:17.-. 7
Subscribed and sworn to before me this -I!l- day of ;{;~1I-2007.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY~~
:;;;];J'ifJiI( /1
, CLERK
C 11/, C!
K:\oath and leaving service\Blue Ridge Behavioral HealthcareWinvent C Dabney oath letter 2010,doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W" Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELLA R. 1YREE
Assistant Deputy City Clerk
December 5, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
, ~ 1
Dear Ms. Burcham:
I am attaching copy of Resoluti~n No. 37963-120307 approving the design and
placement of a sculpture to be installed at the Roanoke Civic Center in
celebration of the City's 12 5th Anniversary.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting ~eld on Monday, December 3, 2007.
Sincerely,
~~r
~ Stephanie M. Moon, CMC
tJ City Clerk
SMM:ew
Attachment
pc: Wyona M. Lynch-McWhite, Chair, Roanoke Arts Commission, 2012 Berkley
Avenue, S. W., Roanoke, Virginia 2401 ~
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
SusanJennings, Public Art Coordinator
James Grigsby, Assistant City Manager for Operations
Wilhemina W. Boyd, Director, Civic Facilities
~)
-ri
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2007.
No. 37963-120307.
A RESOLUTION approving the design and placement of a sculpture to be installed at the
Roanoke Civic Center in celebration of the City's 12Sth anniversary.
WHEREAS, eighty-nine artists responded to the City's Request for Proposals for a work,
of art to be installed at the Roanoke Civic Center in celebration of the City's 12Sth anniversary,
with the theme "People, Pride and Promise"; and
WHEREAS, the City's Arts Commission has recommended that the work of art proposed
by Rodney Carroll be selected as the work to be installed at the Civic Center.
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke
approves the design of the work of art submitted by Rodney Carroll and approves the location of
its installation at the Civic Center, as presented to Council on December 3,2007.
ATTEST:
~~.~
~ City Clerk. .
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELlA R. lYREE
Assistant Deputy City Clerk
December 5, 2007
Donald G. Gurney, Esquire
Hawkins, Delafield & Wood, LLP
One Chase Manhattan Plaza, 42nd Floor
New York, New York 10005
Dear Mr. Gurney:
,
I am attaching a certified copy of Resolution No.3 7964-120307 authorizing the
issuance of $3,810,000.00 principal amount of General Obligations of the City
of Roanoke, in the form of Generql Obligation Public Improvement Bonds of the
City, for the purpose of providing funds to' pay the cos~s of the acquisition,
construction, reconstruction, improvement, extension, enlargement and
equipping of public buildings of and for the City; and authorizing the issuance
of a like principal amount of General Obligation Public Improvement Bond
Anticipation Notes in anticipation of the issuance of such Bonds.
Th~ abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 3, 2007, and is in full
force and effect upon its passage.
Sincerely,
~2>J.
~tephanie M. Moon, CMC
/ City Clerk
SMM:ew
Attachment
Donald G. Gurney, Esquire
December 5, 2007
Page 2
pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Robert K. Bengtson, P.E., Director of Public Works
Philip Co Schirmer, P.E., L.S., City Engineer
j'
,~~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
RESOLUTION NO.3796!.12032007
A RESOLUTION AUTHORIZING THE ISSUANCE OF THREE MILLION EIGHT
HUNDRED TEN THOUSAND DOLLARS ($3,810,000) PRINCIPAL AMOUNT OF
GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM
OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY,
FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
EXTENSION, ENLARGEMENT AND EQillPPING OF PUBLIC BUILDINGS OF AND
FOR SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER
DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS;
AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND
THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE
RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION
AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO
SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE
OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE
ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER
AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE
SALE AND .DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; ,
AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND
DELIVERY OF SUCH BONDS AND NOTES
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to
authorize the issuance of $3,810,000 principal amount of general obligations of the City, in the
form of General Obligation Public Improvement Bonds of the City, for the purpose of prClviding
funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of public buildings of and for the City and to authorize the issuance
of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes
in anticipation ofthe issuance of such Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA: '
SECTION 1. (a) Pur!),llant:to.JZhapter 26 of Title 15.2 of the Code of Virginia,
1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), for the
purpose of providing funds to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of public buildings of and for the City, the
City is authorized to contract a debt and to issue $3,810,000 principal amount of general
obligation bonds of the City to be designated and known as' the "City of Roanoke, Virginia,
General Obligation Public Improvement Bonds" (referred to herein as the "Bonds").
533171.1 029719 RES
(b) The Bonds shall be issued and sold in their entirety at one time, or from
time to time in part in series, as shall be determined by the Director of Finance. There shall be
added to the designation of the Bonds a series designation determined by the Director of Finance.
The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any
whole multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in
order of issuance. The Bonds shall bear interest from their date payable on such date and
semiannually thereafter as shall be determined by the City Manager and the Director of Finance
in accordance with the provisions of Section 7 hereof. The Bonds of each series shall be issued
in such aggregate principal amounts (not exceeding the aggregate principal amount specified in
Section l(a)); and shall mature on such dates and in such years (but in no event exceeding forty
(40) years from their date or dates), and in the principal amount in each such year, as shall be
determined by the City Manager and the Director of Finance in accordance with the provisions
of Section 7 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and
sixty (360) day year comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be subject
to redemption at the option of the City prior to their stated maturities, in whole or in part from
time to time on any date, in such order as may be determined by the City (except that if at any
time less than all of the Bonds of a given maturity are called for redemption, theparticular Bonds
or portions thereof in installments of $5,000 of such maturi~y to be redeemed shall be selected by
lot), upon payment of such redemption prices (expressed a~ a percentage of the princip'al amount
of the Bonds to be redeemed), together with the interest accrued.thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 7 hereof.
(d) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption thereof,
specifying the date, number and maturity of such Bond, the date and place or places fixed for its
redemption, the premium, if any, payable upon ,such redemption, and if less than the entire
principal amount of such Bond is to be redeemed, that such Bond must be surrendered in
exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued
equalling in principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class
mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of
registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next
preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been
given as aforesaid, and payment of the principal amount of such Bond (or the portion of the
principal amount thereof to be redeemed) and of the accrued interest and premium, if any,
payable upon such redemption shall have beert duly made or provided for, interest thereon shall
\
cease to accrue from and after the date so specified for the redemption thereof.
. (ii) So long as the Bonds""~~-'~>-b~ok~~ntrY only fbrm, any notice of
redemption shall be given only to The Depository Trust Company, New York, New York
("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner
of the Bonds any notice of redemption.
-2:'
533171.1 029719 RES
SECTION 2. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual- payment of the principal of and premium, if any, and interest on the
Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding
and unpaid, the Council shall be authorized and required to levy and collect annually, at the same
time and in the same manner as other taxes of the City are assessed, levied and collected, a tax
upon all taxable property within the City, over and above all other taxes, authorized or limited by
law and without limitation as to rate or amount, sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully
available and appropriated for such purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by
the manual or facsimile signature of the Mayor and shall have a facsimile ofthe corporate sealof
the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby al.lthorized to appoint a Registrar and
Paying Agent for the Bonds (the "Registrar").
(c) The Director of Finance shall direct the Registrar to authenticate the
Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of
authentication endorsed on each Bond shall have been manually executed by an authorized
signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the
certificate of authentication the date as of which such Bonds ar_e authenticated as follows: (i) if a
Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of
the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such
jBond is one, (ii). if a Bond is authenticated upon an interest payment date, the certificate shall be
dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th)
day of the calendar month next preceding an interest payment date and prior to such interest
payment date, the certificate shall be dated as of such interest payment date and (iv) in all other
instances the certificate shall be dated as of the interest payment date next preceding the date
upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a
date other than the first day of a calendar month or the dates on which interest is payable on such
series are other than the first days of calendar months, . the provisions of this Section 3( c) with
regard to the authentication of such Bonds and of Section 8' with regard to the form of such
Bonds shall be modified as the Director of Finance shall determine to be necessary or
appropriate.
(d) The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be
payable in such coin or currency of the United States of America as at the respective dates of
payment thereof is legal tender for public and private debts at the office of the Registrar. Interest
on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such
Bonds at their respective addresses as such addresses appear on the books of registry kept
pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form
and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other
- 3 -
533171.1 029719 RES
nominee of DTC as may be requested by an authorized representative of DTC, interest on the
Bonds shall be paid directly to Cede & Co. or such other nominee ofDTC by wire transfer.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry
for the registration, exchange and transfer of Bonds of such series. Upon presentation at its
office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall
register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books
of registry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof.
_ (d) Any Bond may be exchanged at the office of the Registrar for such series
of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums
of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the person in whose name it is registered, in person or by his duly
authorized attorney, upon surrender of such Bond to the Registrar for ~ancellation, accompanied
by a written instrument of transfer duly executed by the registered owner in person or by his duly
authorized attorney, in form satisfactory to the Registrar.
(f) All transfers or exchanges 'pursuant to this Section 4 shall be made without
expense to the registered owners of such Bonds, except as otherwise herein provided, and except
that the Registrar for such series of Bonds shall require the payment by the registered owner of
the Bond requesting such transfer or exchange of any tax or other governmental charges required
to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this
Section 4 shall be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of Cede &
Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be
~obi1ized in the custody of DTC. DTC will act as secUrities depository for the Bonds.
Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or
any whole multiple thereof. Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal, premium, if any, and interest payments on the Bonds will be
made by the Registrar to DTC or its nominee,' Cede & Co., as registered owner of the Bonds,
which will in turn remit such payments to the DTC participants for subsequent disbursal to the
beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments
to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial
owners of the Bonds by DTC participants will be the responsibility of such participants and other
nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be
-4-
533171.1 029719 RES
accomplished by book entries made by DTC and, in turn, by the DTC participants who act on
behalf of the indirect participants ofDTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder or purchaser to accept delivery of and pay for theiBonds in accordance with the
terms of its bid. All expenses in connection with the printing of CUSIP numbers on the Bonds
shall be paid by the City; provided, however, that t4e CUSIP Service Bureau charge for the
assignment of such nuinbers shall be the responsibility of the successful bidder for or purchaser
of the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City Clerk,
executed by a facsimile signature of that officer, to the effect that such copy is a true and
complete copy (except for letterhead and date) of the legal opinion which was dated as of the
date of delivery of and payment for the Bonds, may be printed on the Bonds.
SECTION 6. The City covenants and agrees to comply with the provisions of
Sections 103 and 141-150 of the futernal Revenue Code of 1986 and the applicable Treasury
Regulations promulgated thereunder throughout the term of the Bonds.
SECTION 7. (a) The Bonds shall be sold at negotiated or competitive sale on
such date or dates and at such price or prices as shall be determined by the City Manager and the
Director of Finance. In the event it is determined that the Bonds shall be sold at competitive
sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary
Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The
Bond Buyer, a fiilancialjouma1 published in the City of New York, New York, and to prepare or
cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of
Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the
Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may
be received by electronic bidqing. The City Manager and the Director of Finance (i) are hereby
authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each
series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate
principal amount of the Bonds of each series and the principal amount of the Bonds of each
series maturing in each year and (ii), in ,the event it is determined that the Bonds shall be sold at
competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of
- 5 -
533171.1 029719 RES
I
/
each series and, without further action of this Council, ,to accept the bid offering to purchase the
Bonds of each series at the lowest true interest cost to the City; provided, however, in no event
shall the true interest cost with respect to the Bonds of any series exceed six percent (6.00%).
The City Manager and the Director of Finance are further authorized to fix the rates of interest to
be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in
accordance with the immediately preceding sentence. The City Manager and the Director of
Finance are hereby authorized to determine the provisions relating to the redemption of the
Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any
redemption premium payable by the City exceed two percent (2.00%).
(b) The Mayor is hereby authorized and directed to execute and deliver to the
purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially
the form of the Preliminary Official Statement relating to the Bonds, after the same has been
completed by the insertion of the maturities, interest rates and other details of the Bonds and by
making such other insertions, changes or corrections as the Mayor, based on the advice of the
City's financial advisors and legal counsel (including the City Attorney and Bond Counsel),
deems necessary or appropriate; and this Council hereby authorizes the Official Statement and
the information contained therein to be used by the purchasers in connection with the sale of the
Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby
authorized and directed to execute on behalf ofthe City and deliver to the purchasers a certificate
in substantially the form to be included in the Official Statement under the caption "Certificate
Concerning Official Statement".
(c) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to
the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney and
Bond Counsel), such approval to be conclusively evidenced by their execution thereof.
(d) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and attorneys of and
for the City in connection with the issuance and sale of the Bonds are hereby ratified and
confirmed.
I
SECTION 8. The Bonds, the certificate of authentication of the Registrar, and
the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A
attached hereto.
SECTION 9. General obligation public improvement bond anticipation notes
(the "Notes") are authorized for issuance and sale by the City Manager and the Director of
Finance in anticipation of the issuance of the general obligation bonds authorized for issuance
herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on'
such other terms and conditions as shall be determined by the City Manager and the Director of
- 6 -
533171.1 029719 RES
Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine
the dated date of the Notes of each series, the dates the Notes of each series shall mature, the
dates on which interest on the Notes shall be payable, the aggregate principal amount of the
Notes of each series and the principal amount of the Notes of each series maturing in each year
and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series
if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at
negotiated sale and, without further action of this Council, to accept the bid or proposal offering
to purchase the Notes of each series at the lowest true interest cost to the City; provided,
however, in no event shall the true interest cost with respect to the Notes of any series exceed six
percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the
rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or
proposal accepted by them in accordance with the immediately preceding sentence. The City
Manager and the Director of Finance are hereby authorized to determine the provisions relating
to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided,
hpwever, in no event shall any redemption premium payable by the City exceed two percent
(2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary
Notice of Sale shall be prepared, published and distributed in accordance with the requirements
of Section 7. If such Notes are publicly offered, there may also be prepared and distributed a
Preliminary Official Statement and a final Official Statement relating to such Notes in such form
as shall be approved by the Director of Finance. The issuance and details of such Notes shall be
governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Arti~le 2 of the Code
of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same
extent the same apply.to the Bonds except, in the case of the provisions of Section 2, only to the
extent such Notes are not paid from the proceeds of the Bonds or from any other available funds.
Bonds in. anticipation of which such Notes are issued pursuant to this Section 9 may be issued
and sold in accordance with the provisions of this Resolution at any time within five (5) years of
the date of issuance of the first Notes issued in anticipation 'of such Bonds.
SECTION 10. The Council hereby authorizes the City to make expenditures for
the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the
proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered an "official intent" within the meaning of
Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986.
SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution,
certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of
Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. ,
SECTION 12. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
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533171.1 029719 RES
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA.
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
No. R-
REGISTERED
$
MATURITY
DATE:
INTEREST
RATE:
DATE OF BOND:
CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM: DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, aCknowledges itself indebted and'
hereby promises to pay to the Registered Owner (named above), or registered assigns, on the
,Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall
have been duly called for previous redemption and payment of the redemption price duly made
or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum
on and semiannually on each and thereafter
(each such date is hereinafter referred to as an "interest payment date"), from the date hereof or
from the interest payment date next preceding the date of authentication hereof to which interest
shall have been paid, unless such date of authentication is an interest payment date, in which case
from such interest payment date, or unless such date of authentication is within the period from
the sixteenth (16th) day to the last day of the calendar month next preceding the following
interest payment date, in which case from such following interest payment date, such interest to
be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum,
by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose
name this Bond is registered upon the books of registry, as of the close of business on the
fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each
interest payment date; provided" however, that so long as this Bond is in book-entry only form
and registered in the name of Cede & Co., as nominee of The Depository Trust Company
("DTe'), or in the name of such other nominee of DTC as may be requested by an authorized
representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other
nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a
A-I
533171.1 029719 RES
three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The
principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, .
at the office of , as the Registrar and Paying Agent,
in the City of . Principal of and premium, if any, and interest on this
Bond are payable in any coin or currency of the United States of America which, on the
respective dates of payment thereof, shall be legal tender for public and private debts.
\
This Bond is one of an issue of Bonds of like date, denomination and tenor except
as to number, interest rate and maturity, which is issued for the purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of public buildings of and for the City, under and pursuant to and in
full compliance with the Constitution and statutes of the Commonwealth of Virginia, including
Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of
1991), and resolutions and other proceedings of the Council of the City duly adopted and taken
under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and after are subject to r:edemption at
the option of the City prior to their stated maturities, on or after in
whole or in part from time to time on any date, in such order as may be determined by the City
(except that if at any time less than all of the Bonds of a given maturity are called for
redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to
be redeemed shall be selected by lot), upon payment of the following redemption prices
(expressed as.a percentage of the principal amount of the Bonds to be redeemed), together with
the interest accrued thereon to the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive)
Redemption Prices
(Percentages of Principal Amount)
to
to
and thereafter
'-
'-
%
If this Bond is redeemable and this Bond (or any portion of the principal amount
, hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof,
specifying the date, number and maturity of this Bond, the date and place or places fixed for its
redemption, the premium, if any, payable upon such redemption, and if less than the entire
principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange
for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in
principal amoUl,lt that portion of the principal amount hereof not to be redeemed, shall be mailed
not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage
prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept
by the Registrar as of the close of business on the forty- fifth (45th) day next preceding the date
fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal
amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal
A-2
533171.1 029719 RES
amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the
accrued interest and premium, if any, payable upon such F,edemption shall have been duly made
or provided for, interest hereon shall cease to a.ccrue from and after the date so specified for the
redemption hereof.
, \
Subject to the limitations and upon payment ofthe charges, if any, provided in the
proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be
exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other
authorized principal amounts and of the same issue, interest rate and maturity. This Bond is
transferable by the Registered Owner hereof, in person or by his attorney duly authorized in
writing, on the books of registry kept by the Registrar for such purpose at the office of the
Registrar but only in the manner, subject to the limitations and upon payment of the charges, if
any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one,
and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of
, authorized denominations and of the same aggregate principal amount, issue, interest rate and
maturity as the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and premium, if any, and interest on this Bond as the same become
due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be
authorized and required to levy and collect annually, at the same time and in the same manner as
other taxes of the City are assessed, levied and collected, a tax upon all property within the City,
over and above all other taxes, authorized or limited by law and without limitation as to rate or
amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due t~e, form and manner as required by law, and that
the amount of this. Bond, together with all other indebtedness of the City does not exceed any
limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of
Virginia or the Charter ofthe City.
A-3
533171.1 029719 RES"
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the
manual or facsimile signature of its M;ayor; a facsimile of the corporate seal of the City to be ,
imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to
be dated the date first above written.
[SEAL]
CITY OF ROANOKE, VIRGINIA
Attest:
Mayor
City Clerk
CERTIFICATE OF AUTHENTICATION
proceedings.
This Bond IS one of the Bonds delivered pursuant to the within-mentioned
r
1, as Registrar
By:
Authorized Signatory
Date of Authentication:
A-4
533171.1 029719 RES
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby selle s), assign( s) and transfer( s) unto
(please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
I
the within Bond and all rights thereunder, hereby irrevocably constituting and appomtmg
, Attorney, to transfer such Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by a member firm of The New York Stock
Exchange, Inc. or a commercial bank or trust
company.
(Signature of Registered Owner)
NOTICE: The signature, above must
correspond with. the name of the Registered
Owner as it appears on the face of this Bond
in ,every particular, without alteration,
enlargement or any change :vhatsoever.
A-5
533171.1 029719 RES
A1i.~......~.....'.-.'. .~.
~;.t~",~":.,, _. ...\;\'~,;\)~ ... . ';~ '.\ ....".~.
ATTEST:
Gtt:.L ~.
Deputy City Clerk.
/'
/
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P,O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver@ci.roanoke.va.us
JESSE A. HALL
Director of Finance
email: jesseJ1all@ci.roanoke.va.us
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Authorization to Issue General Obligation Bonds
The City's adopted Capital Improvement Program (CIP) includes $12 million in Fire/EMS
Facility Improvement projects. The funding plan for these projects calls for issuance of
$3.81 million of general obligation bonds during fiscal year 2008 that will be allocated
between the Williamson Road and Melrose Avenue facilities. The bonds are planned for
issuance in January 2008 with debt service to commence in fiscal year 2009. Debt service
will begin at approximately $380,000 and decline in future years as the bond principal is
repaid.
In accordance with the Public Finance Act, a public hearing is required in order to issue
the bonds. Advertisement has properly been made in the Roanoke Times for such public
hearing.
Recommendation:
Following a public hearing, adopt the accompanying resolution authorizing the issuance
of general obligation public improvement bonds of $3.81 million for public buildings.
Sincerely,
Cr~ JI f/dI
Jesse A. Hall
Director of Finance
c: Darlene L. Burcham, City Manager
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - -'- - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
REFERENCE:
80157138
10602393
Bond
issue
(Meeting
NOTICE OF PUBLIC
HEARING
I
NOTICE IS HEREBY GIVEN,
i pu,rsuant to Section
15,2-2606,A of the Code of
Virginia, 1950"that the
Council of the' City of
Roanoke, Virginia (the
"City"), will, hold a public
hearing on Monday,
December 3, 2007, at 2:00
P,M" local time, or as soon
'thereafter as the matter may'
be heard, in the Council
Chamber, Noel C, Taylor
,Municipal BuildIng, 215
,Church Avenue, S,W"
,Boan.oke, Yl'~~a~2401~
I with respect to the pr!>p~sed
adoption by the Council Of a,
resolution authorizing thel
City to contract a debt and)
issue general obligation,
pUblic improvement bonds of
the City (and in anticipation
,of the issuance'of any,such,
bonds to issue general
o b II gat ion pu b'l i c
i m p'r 0 ve men t b'o n d!
,anticipation notes of the'
City) in the principal amount'
of $3,810,000 for the
,purpose of providing funds to'
pay the costs of the
acquisition, consfruction,'
reconstruction, Improve-,
ment, ,ext'ension"
enlargement and equipping I
of public buildings of and for
the City,'1
,The members of the
public are invited to attendj
the pUblic hearing and tOi
appear and present their'
views on the proposed
resolution,
" If you are a 'person with a
disability who n,eedsi
accommodations for this
public hearing, please
I contact the City Clerk's
Off. Ice at (540) 853-2541, ,by'
Thursday, November 29,
i 2007,
i The full text of the
I proposed resolution is on file
I in the office of the City Clerk,
'Noel C, Taylor Municipal
Building, Room 456, 215
Church Avenue, S,W"
Roanoke, Virginia 24011,
HAWKINS DELAFIELD &
42ND
ONE CHASE MANHATTAN
NEW YORK NY 10005
WOOD LLP
State of Virginia
City of Roanoke
I, (the undersigned) an authori zed representa t i ve
of' the.,Times-World Corporation, which 9orpgration
is'pubii~her of the Roanoke Times, aidaily'
newspaper publishp-d in Roanoke, :in the State of
Virgi~ia, do certify that the annexed ,notice was
published iI}i3aid newspp,pers:.on the j:ollQwing
da t e ;8..: .1 - ,l",'"w",_ .' ."" ~ " .',
'::. :1
City/County of Roanoke, Commonwealth/State of
Vir~~a. Sworn and subscribed before me this
_7_~~~day of November 2007. Witness my hand
~.iC&ial seal.
-_._~
My fommis i n
,,\\11111',
", E '"
".." ~:~~..~~~2""
~...~~., NOTARy....~~
: J.::. :. PUBLIC ... ';S) ~
= *: REG. #332964 : * :
: : MY COMMISSION: :
-c;>. -
-:. 0" ~PIR / .: ;:s :
-lU--IA--.LJ' -O~T 4-0 00 \~~"" 3' O"<.E~l
\... ::;: ::'. '" vI/!. . '" .... ~\~ ....
FILED ON: 11/26/07 """7t0ALTHG,, \",,,
- - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - '-, !I.l t-l U 1 \~ ,_ - - - _ _ - - _ _ + - - _ _ _ _ _ _ _ _;.:::: _ _ _ _ _ _ _ _ _ _ _ _ _
--i
-:::
PUBLISHED ON:
11/19
11/26
Dated:
November 19, 2007
Stephanie M, Moon; CMC,
City Clerk
City of Roanoke, Vi,rginia
(10602393)
~~-'--------
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$'
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of
Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public
hearing on Monday, December 3, 2007, at 2:00 P.M., local time, or as soon thereafter as the
matter may be heard, in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of
a resolution authorizing the City to contract a debt and issue general obligation public
improvement bonds of the City (and in anticipation of the issuance of any such bonds to issue
general obligation public improvement bond anticipation notes of the City) in the principal
amount of $3,810,000 for the purpose of providing funds to pay the costs of the acquisition,
construction, reconstruction, improvement, extension, enlargement and equipping of public
huildingsof and for the City.
The members of the public are invited to attend the public hearing and to appear
and present their views on the proposed resolution. ' ,
If you are a person with a disability who needs accommodations for this public
hearing, please contact the City Clerk's Office at (540) 853-2541, by Thursday, November 29,
2007.
The full text of the proposed resolution is on file in the office of the City Clerk,
Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia
24011.
Dated: November 19,2007
STEPHANIE M. MOON
City Clerk
City of Roanoke, Virginia
[TO BE PUBLISHED ON MONDAY, NOVEMBER 19,2007
AND MONDAY, NOVEMBER 26,2007]
533]70,] 0297]9 NTC
Notice to Publisher:
Publish in the Roanoke Times on Monday, November 19, 2007 and Monday,
November 26,2007.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill and affidavit to:
Donald G. Gurney
Hawkins Delafield & Wood LLP
One Chase Manhattan Plaza, 42nd
New York, New York 10005
(800) 742-4321
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
I would like to sponsor a request from Ray Bemis of Blue Ridge Behavioral
Healthcare to present a report on City of Roanoke youth risk data.
Darlene L. Bur ham
City Manager
DLB:jb
c: City Attorney
Director of Finance
City Clerk
Roanoke Prevention Planning Team
Display Board Headings &. Bullets
Roanoke City Youth are above average...
Sixth & Eight grade youth...
. One in three 8th graders indicated they have had sexual intercourse at least one
time
. Of those 8th graders that were engaging in sexual Intercourse 51% did NOT use
birth control
· 48.2% of eighth graders reported they had their first drink of alcohol before age 13
· Youth that reported alcohol use before age 13 were 4.11 times more likely to report
a suicide attempt
· 48% reported they have been bullied
· 31% reported they have carried a weapon (gun/ knife)
· The equivalent of two busloads have attempted suicide, some as many as 5 or
6 times
Tenth & Twelfth grade youth...
~
· Nearly one in 5 have had 4 or more sexual partners during their lifetime
· The cost to Virginia tax payers of teen childbearing in 2004 was 177 million dollars
· One in four reported they had 5 or more drinks of alcohol in a row within the last
month (binge drinking)
· 12.7% drove a vehicle when they had been drinking alcohol
· 29.5% were in a physical fight one or more times within the past 12 months
· 29.8% reported being physically harmed by someone in their home
· 13.7% attempted suicide 1 or more times in the past 12 months
· 6.6% of the suicide attempts resulted in treatment by a doctor or nurse, nearly 3
times the national average
Youth are our greatest asset...
Assets are cumulative or additive; the more the better
This research has consistently shown that the more assets young people have, the less
likely they are to be involved in risk-taking behaviors.
. All young people need assets
All children and adolescents will benefit from having more assets than they have now
. Everyone can build assets
Asset development requires positive messages across a community. All adults, youth and children playa
role
. It's an ongoing process
Asset development starts when a child is born and continues through high school and beyond
. Relationships are key
A central key to asset development is strong relationships between adults and young people
. Consistent messages
Asset building requires consistent, positive messages about what is important
. Repetition of messages
Young people need to hear the same positive messages and feel support over and over again, from many
different people
Take a Second, Make a Difference...
External Assets are defined as the networks of support, opportunities and people that
stimulate and nurture positive development in youth.
. 670/0 reported their family life provides high levels of love and support
. 580/0 reported their best friends model responsible behavior
. 540/0 reported both parents and teachers encourage the young person to do well
. 540/0 reported they spend three or more hours per week in sports, clubs, or
organizations at school and in the community
. 580/0 reported they spend one or more hours per week in activities in a religious
institution
. 540/0 reported they feel safe at home, school, and in the neighborhood
Internal Assets are defined as the young persons own commitments, values, and
competencies.
. 660/0 reported they are motivated to do well in school
. 710/0 reported they act on convictions and stand up for their own beliefs
. 660/0 reported they accept and take personal responsibility
. 670/0 reported they tell the truth even when it is not easy
. 730/0 reported they are optimistic about their personal future
. 600/0 reported that "my life has a purpose"
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
r
STEPHANIE M, MOON, CMC
City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk
December 5, 2007
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37965-120307 transferring funds
from the General Fund Program Activities, for the Training Assistant position
for- the Virginia Institute for Social Service Training Activities, and amending and
reordaining certain sections of the 2007-2008 General Fund Appropriations and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular-meeting held on Monday, December 3, 2007, and is in full
force and effect upon its passage.
Sincerely,
0iuL );,~
otM..Stephanie'M. Moon, CMC
{) City Clerk
SMM:ew
Attachment
pc: Darlene L Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Keli M. Greer, Director, Human Resources
Jane R. Conlin, Director, Human/Social Services
'~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2007.
No. 37965-120307.
AN ORDINANCE to transfer funding from the General Fund Program Activities,
for the Training Assistant position for the Virginia Institute for Social Service Training
Activities (VISSTA), amending and reordaining certain sections ofthe-2007-2008 General
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 2007-2008 General Fund Appropriations be, and the same are hereby,'
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
City Retirement
ICMA Match
FICA
Medica/Insurance
Dental Insurance
Life Insurance
Disability Insurance
Program Activities
01-630-5318-1002
01-630-5318-1005
01-630-5318-1116
01-630-5318-1120
01-630-5318-1125
01-630-5318-1126
01-630-5318-1130
01-630-5318-1131
01-630-5318-2066
$
28,739 /'
4,584
650
2,230
4,140
259
324
74
, (41,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~tn.
~City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Department of Social Services,
VISSTA - Increase in staff
complement
Background:
On July 16, 2007 Council authorized the City Manager to accept an award from
the Virginia Department of Social Services in the amount of $426,572 for the
operation Virginia Institute for Social Service Training Activities (VISSTA) Area
Training Center (ATC) located in Roanoke. Incorporated in the grant award are
funds in the amount of $41,000 that are designated for an additional Training
Assistant staff position.
Considerations:
The VISSTA program provides valuable training classes for local Department of
Social Services staff, including social workers, benefit program workers, their
supervisors and administrative staff. They also provide training for local
Department of Social Services approved or state licensed child care providers.
These training events enhance the knowledge and skills of these staff and child
care providers, such that vulnerable children, adults and families are effectively
assisted in obtaining an appropriate level of safety and self-sufficiency.
The responsibilities for the City of Roanoke pertaining to the operation of the
ATC include Human Resources and Management oversight. Due to statewide
budget cuts a support pOSition provided by Virginia Commonwealth University
Honorable Mayor and Members of City Council
December 3, 2007
Page 2
but dedicated to the ATC was eliminated. To address this staff shortage, the
grant budget provided by VDSS specified funding for a new Training Assistant.
The costs of a training assistant can be funded by transferring program funds
to cover the salary and fringe benefit costs. This transfer will not negatively
impact program operations. The remaining budget for program activities, after
the transfer, will be congruent with prior years' expenditures.
Recommended Action:
Authorize the City of Roanoke Department of Social Services to increase the
staff complement for the VISSTA Area Training Center by one full-time Training
Assistant position (grade 9).
Transfer $41,000 from 01-630-5318-2066 (Program Activities) to the following
accounts:
01-630-5318-1002
01-630-5318-1005
01-630-5318-1116
01-630-5318-1120
01-630-5318-1125
01-630-5318-1126
01-630-5318-1130
01-630-5318-1131
TOTAL
DLB:tem
(Regular Employee Salaries)
(City Retirement) ,
(ICMA Match)
(FICA)
(Medical Insurance)
(Dental Insurance)
(Life Insurance)
(Disability Insurance)
$28,739
$ 4,584
$ 650
$ 2,230
$ 4,140
$ 259
$ 324
$ 74
$41,000
Respectfully submitted,
Darlene L. Bur
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Keli M. Greer, Director of Human Resources
Jane R. Conlin, Director of Human/Social Services
CM07-00179
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S, W,,$uite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva,gov
, SHEILA N, HARTMAN, CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELIA R. lYREE
Assistant Deputy City Clerk
December 5, 2007
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37967-120307 appropriating
funds from the Virginia Department of Transportation for the Comprehensive
Greenway Trail Project, and amending and reordaining certain sections of the
2007-2008 Capital Projects Fund Appropriations and dispensing with the
second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 3,2007, and is in full
force and effect upon its passage.
Sincerely,
~~.
J.ri-Stephanie M. Moon, CMC
j City Clerk -
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Steven C. Buschor, Director, Parks and Recreation
~ <::> ,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2007.
<, "
No. 37967-120307.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation for the Comprehensive Greenway Trail Project, amending and reordaining
r
certain sections of the 2007-2008 Capital Projects Fund Appropriations and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
, I
sections of the 2007-2008 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
Revenues
VDOT - Lick Run Greenway
08-620-9753-9007
$ 33,000
33,000
08-620-9753-9753
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~O).~
~ City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
, Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELlA R. lYREE
Assistant Deputy City Clerk
December 5, 2007
I
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37966-120307 authorizing the City
Manager to enter into an Amendment to an Agreement dated May 8, 2000, with
the Commonwealth of Virginia Oepartment of Transportation for further
landscape improvements for the Lick Run Greenway Project.
The 'abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 3, 2007.
Sincerely,
QLL)).
Jt-. Stephanie M. Moon, CMC
tr City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Steven C. Buschor, Director, Parks and Recreation
4~ \6\
\-u-^' \
\\. '\
IN THE COUNCIL OF THE CITY OF ROANOKE, VlRGINIA,
The 3rd day of December, 2007.
No. 37966-120307.
A RESOLUTION authorizing the City Manager to enter into an Amendment to an Agreement dated
May 8, 2000, with the Commonwealth of Virginia Department of Transportation for further landscape
improvements for the Lick Run Greenway Project.
WHEREAS, the City of Roanoke requested additional Transportation Enhancement funds to
support further landscape improvements of the Lick Run Greenway Proj ect;
WHEREAS, the City of Roanoke has received notification that its application for additional
Transportation Enhancement funds has been approved by the Commonwealth Transportation Board in the
amount of $33,000.00; and
WHEREAS, the City of Roanoke must enter into an Agreement Amendment so that the funds may
be received by the City and appropriated back into the Parks and Recreation Greenway account for further
landscape improvements to the Lick Run Greenway.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that the City Manager
and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an
Amendment to the Agreement dated May 8, 2000, with the Commonwealth of Virginia Department of
Transportation for further landscape improvements for the Lick Run Greenway Proj ect, such Amendment
to be in such form as is approved by the City Attorney.
. ,.... ATTEST~ ,
~~.~
~ City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
n~lephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Mayor
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Lick Run Greenway Secondary
Transportation Enhancement
Funds
In 2004, City Council authorized a grant application for a second round of
funding for the Lick Run Greenway Project. The original grant of approximately
$875,000 was used for the design and a large portion of the construction of the
project; however, once the base project was designed and approved by VDOT,
the landscape of the trail between the Civic Center and the Hotel Roanoke was
significantly enhanced. Due to the change in project scope, an additional
funding request was made by grant application to VDOT. VDOT awarded
$33,000 in response to the request.
VDOT has advised the City to move forward and execute the agreement for the
$33,000 so that the funds may be received by the City and appropriated back
into the Parks and Recreation Greenway account for further landscape
improvements to the Lick Run Greenway.
Recommended Action(s):
Authorize the City Manager to execute the attached agreement, approved as to
form by the City Attorney, with the Virginia Department of Transportation with
regard to the acceptance of $33,000 in Federal Transportation Enhancement
funds.
Honorable Mayor and Members of City Council
December 3, 2007
Page 2
Adopt the accompanying budget ordinance to appropriate these funds to
account 08-620-9753. The budget ordinance will establish a revenue estimate
in the amount of $33,000 in the Capital Projects Fund.
Darlene L. Bu
City Manager
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Steve Buschor, Director of Parks and Recreation
CM07-00182
.' '"1":'
.... .._...:-..:'_;...:,.:;';"J::il:(~~t,W~{.~<
TRANSPORTATION ENHANCEMENT PROGRAM
AMENDMENT TO PROJECT DEVELOPMENT AND ADMINISTRATION
AGREEMENT
BY THE CITY OF ROANOKE
LICK RUN GREENWAY TRAIL
PROJECT EN98-128-109, PElOt, RW201, CS01 (UPC 18773)
THIS AGREEMENT AMENDMENT, made and executed in triplicate as of this
day of , between the COMMONWEALTH OF
VIRGINIA DEPARTMENT OF TRANSPORTATION, hereinafter called the
"DEPARTMENT" or "VDOT" and the CITY OF ROANOKE, hereinafter called the
"SPONSOR" or "LOCALITY".
W I T N g .s. .s. E I H:
WHEREAS, the DEPARTMENT and SPONSOR entered into an Agreement on May
8, 2000 for the development and administration of project EN98-I28-l09, PElOl, RW201,
C50I (UPC 18773), and referred to hereinafter as the "Project"; and
WHEREAS, additional funds have been allocated to the Project, 80% of which are
federal and require a minimum 20% local match and any expenditures above the combined
federal and local funds must be 100% local funds.
NOW, THEREFORE, for and in consideration of the premises and mutual covenants
and agreements contained herein, the parties hereto agree to amend the Agreement of May 8,
2000 as follows:
1. Revise paragraph 2.e to show the maximum federal funds available for the
Project as $908,000.
2. Replace Attachment B with a revised Attachment B attached hereto.
3. Change the time limit for Project completion to June 1,2007.
4. All other terms and conditions of the original Agreement remain unchanged.
_...._~,~.:_:,,~~.:;...H._..:.:~~;~-;;,~~~!;
Project EN98-!28-109, PElOt, RW201, C50!
UPC 18773
IN WITNESS THEREOF, the parties hereto have caused this Agreement Amendment
to be executed by their duly authorized officers.
ATTEST:
Signature of Witness
[Title]
[Sponsor Name]
NOTE: The official signing for the SPONSOR must attach a certified copy of the authority
under which this Agreement is executed.
Signature of Witness
Commonwealth Transportation Commissioner
Commonwealth of Virginia
Department of Transportation
Attachment:
Attachment B
.'
Project EN98-128-J09, PEIOl, RW201, C501
UPC 18773
Attachment B
Project Number:
Project Description:
Location:
Property Acquisition Required (YIN):
Consultant Services to be Used (YIN):
Tentative Schedule:
Base the following responses on the amount of federal funding allocated in the attached
Agreement; do not include future allocations or total estimated project costs. If this is a
Supplemental Agreement, address only the additional funds received in this allocation.
Description of work/activities to be performed with this allocation:
* If this allocation will be used to cover costs in multiple phases of a project, separately
identify the work/activities to be performed in each of the different phases.
Sponsor's Share:
Cash: $
Land Donation: $
Estimatedl Appraised Value
In-kind Service I Volunteer Labor: $
*Include estimated number of hours & rates
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: c1erk@roanokeva,gov
STEPHANIE M, MOON, CMC
City Clerk
December 5, 2007
Jesse A. Hall
Director of Finance
Roanoke, Virginia
'(
Dear Mr. Hall:
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk
I am attaching copy of Budget Ordinance No. 37969-120307 appropriating
funds from the Commonwealth of Virginia for the Southwest Virginia Regional
Employment Coalition Grant, and amending and reordainin9 certain sections of
the 2007-2008 Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance. C
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 3, 2007, and is in full
force and effect upon its passage.
Sincerely,
~0
J.,;2 Stephanie M. Moon, CMC
I. City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Jane R. Conlin, Director, Human/Social Services
~s
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The3rd day of December, 2007.
No. 37969-120307.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Southwest Virginia Regional Employment Coalition Grant, amending and
reordaining certain sections of the 2007-2008 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 2007-2008 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services 35-630-8859-2010
Revenues
SWV A Regional Employment Coalition FY08 35-630-8859-8859
$399,000
399,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
,
of this ordinance by title is hereby dispensed with.
ATTEST:
0.
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: c1erk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk
December 5, 2007
Darlene' L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37968-120307 authorizing the
acceptance of funds from the Virginia Department of Social Services for the
Employee Advancement for TANF Participants grant under the Temporary
Assistance to Needy Families Project; and authorizing the City of Roanoke to
serve as the primary fiscal agent for the distribution of the grant funds to the
provider agencies that comprise the Southwest Virginia Regional Employment'
Coalition, upon certain terms and conditions. . '
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 3, 2007.
Sincerely,
r~'>J. '
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Jane R. Conlin, Director, Human/Social Services
--"'...'
.( \'\.. t .:~
~ ,C~~) ~ {' ,
.,\.,~-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
'Pie 3rd day of December, 2007.
No. 37968-120307.
A RESOLUTION authorizing the acceptance of funding from the Virginia Department of
Social Services for the Employee Advancement for T ANF Participants grant under the Temporary
Assistance to Needy Families (T ANF) Project; and authorizing the City of Roanoke to serve as the
primary fiscal agent for the distribution of the grant funds to the provider agencies that comprise the
Southwest Virginia Regional Employment Coalition, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
J. The City of Roanoke does hereby accept funding in the amount of$399,000 from the
Virginia Department of Social Services for the Employee Advancement for T ANF Participants grant
under the Temporary Assistance to Needy Families (TANF) Project, to be used for the payment of
services from the provider agencies that comprise the Southwest Virginia Regional Employment
Coalition for'the term extending from December 1, 2007, through September 30,2008, as more
particularly described in the letter of the City Manager to Council dated December 3,2007.
2. The City Manager' and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the additional
funding, all such documents to be approved as to form by the City Attorney.
3. The City of Roanoke is hereby authorized to bethe fiscal agent for distribution of the
grant funds.
4. The City Manager is further directed ~o furnish such additional information as may be
required in connection with the City's acceptance of this grant.
ATTEST:
~O).~
~City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Southwest Virginia Regional
Employment Coalition
Background:
The City of Roanoke Department of Social Services, in collaboration with the
local departments of social services in Roanoke County, Franklin County,
Craig County and Botetourt County, along with Total Action Against Poverty,
Blue Ridge Behavioral Healthcare, and Goodwill Industries of the Valleys, have
been awarded additional funding for the Employment Advancement for TANF
Participants grant from the Virginia Department of Social Services (VDSS) in
the amount of $399,000. The agencies named have formed the Southwest
Virginia Regional Employment Coalition. The grant is to assist citizens of our
localities who are receiving Temporary Assistance to Needy Families (TANF)
benefits to obtain employment or, where appropriate, an alternative disability
income. The funds are available for use from December 1, 2007, through
September 30, 2008. The City of Roanoke is to be the primary fiscal agent
for this grant, and it is to be responsible for distributing the grant proceeds
to the provider agencies for services provided to the local DSS agencies.
Honorable Mayor and Members of City Council
December 3, 2007
Page 2
Considerations:
The above grant funding is required to maintain and improve existing
services to the TANF population that will enable it to obtain employment or,
where appropriate, an alternative disability income.
Recommended Action:
Authorize the City Manager to execute all appropriate documents related to
acceptance of the additional funding. All documents shall be upon form
approved by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $399,000 and to appropriate funding of the same amount to
an expenditure account to be established in the Grant Fund by the Director of
Finance.
Respectfully submitted,
Darlene L. B rcham
City Manager
DLB:tem
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Jane R. Conlin, Director of Human/Social Services
/
CM07-00184
:: .~:: '-. .".'.11. t.!r', ~. '::'1:: ~~ -J ,~.'~! -~-
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: c1erk@roanokeva,gov
STEPHANIE M, MOON, CMC
City Clerk
December 5, 2007
,
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA R. lYREE
Assistant Deputy City Clerk
I am. attaching copy of Budget Ordinance No. 37970-120307 appropriating
fu'nds provided by the Series 2008 Bonds to the Williamson Road and Melrose
Avenue Fire-EMS Stations, transfer funds from various capital projects to the
Williamson Road Fire-EMS Station project, and to appropriate funds from the
sale of the Williamson Road Fire-EMS Station, and amending and reordaining
certain sections of the 2007-2008 Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 3, 2007, and is in full
force and effect upon its passage.
Sincerely,
~~~~ ~.~
~ Stephanie M. Moon, CMC
t) City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Management and Budget
Philip C. Schirmer, PC, LS, City Engineer
Sharon T; Gentry, Manager, Purchasing
~Y- ")
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2007.
No. 37970-120307.
AN ORDI NANCE to appropriate funding to be provided by the Series 2008 Bonds
to the Williamson Road and Melrose Avenue Fire-EMS Stations, transfer funding from
various capital projects to the YVilliamson Road Fire-EMS Station project, and to
appropriate funding from the sale ofthe Williamson Road Fire-EMS Station amending and
reordaining certain sections of the 2007-2008 Capital Projects Fund Appropriations and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2007-2008 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Fire-EMS Station #3 - Williamson
Road
Fire-EMS Station #5 - Melrose
Avenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from 2008 Bond Funds
Appropriated from General Revenue
Appropriated from 2008 Bond Funds
Appropriated from General Revenue
Appropriated from General Revenue
08-530-9539-9970
$ (1,078,469)
( 2,731,531 )
( 96,897 )
( 50,000 )
2,731,53,1 '
543,667
1,078,469
( 150,000 )
( 75,770 )
08-530-9539-9975
08-530-9567 -9003
08-530-9678-9003
08-530-9680-9199
08-530-9681-9003
08-530-9681-9199
08-530-9821-9003
08-530-9845-9003
Revenues
Sale of Fire-EMS Station #3 -
Williamson Road
08-530-9681-9650
171,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
;7;.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S,W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Williamson Road Fire Station
The project consists of the construction of a new 8,500 square foot fire station
at 4803 Williamson Road, NW. Four bids were received on October 16, 2007.
The City's consultant, RRMM Architects, recommends that a contract be
awarded to G. & H. Contracting, Inc. The low bid includes the full brick
exterior, longer apparatus bays, and LEED Certification requirements previously
agreed to by City Council. The estimated cost of the entire project including
land acquisition, design and construction is $2,789,099.
The Fire/EMS Facility Improvement Program is included in the FY 2008-2012
Capital Improvement Program (C1P). These projects, the recently completed Fire
Station No.1, and a future fire station on Melrose Avenue are included in the
$11,977,056 improvement program. Funding for the program includes a
planned FY 2008 General Obligation Bond issuance in the amount of
$3,810,000, with $1,078,469 designated for the Williamson Road facility and
$2,731,531 designated for the Melrose Avenue facility.
Based on current project funding and the low bid for the Williamson Road
facility, additional funding in the amount of $543,667 is required due primarily
to the changes outlined above. The additional funding required is available
from several capital accounts, and the proceeds from the sale of Fire Station #3.
Recommended Action:
Appropriate in advance of issuance Series 2008 bond funding of $1,078,469 to
the Fire-EMS Station #3 (Williamson Road) facility project, account number 08-
Honorable Mayor and Members of City Council
December 3, 2007
Page 2
530-9681 and $2,731,531 to the Fire-EMS Station #5 (Melrose Avenue) facility
project, account number 08-530-9680.
Transfer funding from the following accounts to the Fire-EMS Station #3
(Williamson Road) facility project, account number 08-530-9681 :
Municipal North Renovation
Concept Design Courthouse
Fire EMS Admin. Facility
Police Building Phase II
08-530-9821
08-530-9845
08-530-9678
08-530-9567
$
$
$
$
150,000
75,770
50,000
96,897
Authorize the Director of Finance to establish a revenue estimate in the Capital
Projects Fund in the amount of $171,000 from the sale of Fire-EMS Station No.
3 and appropriate funding in the same amount to the Fire-EMS Station No. 3
(Williamson Road) facility project, account number 08-530-9681.
Darlene L. Bu cham
City Manager
DLB/PCS/lmb
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Stephanie M. Moon, City Clerk
Philip C. Schirmer, PE, LS, City Engineer
Sharon T. Gentry, Manager, Purchasing
CM07-00183
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: c1erk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELlA R. lYREE
Assistant Deputy City Clerk
December 5, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37971-120307 authorizing the proper
City officials to execute a Performance and Loan Agreement among the City of
Roanoke, the Economic Development Authority, and the Hancock Building, LLC,
providing for certain undertakings by the parties in connection with the
renovation and restoration of a certain building located at 35 Campbell
Avenue, S. W., and dispensing with the second reading by title of this
Ordinance.
The abovereferenced, measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 3, 2007, and is in full
force and effect upon its passage.
Sincerely,
~..
~Stephanie M. Moon, CMC
/ City Clerk '
SMM:ew
Attachment
Darlene L. Burcham
December 5, 2007
Page 2
pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority, c/o
Glenn, Feldmann, Darby and Goodlatte, 210 First Street, S. W., Roanoke,
Virginia 24011
The Hancock Building, LLC, 35 Campbell Avenue, S. W., Roanoke, Virginia
24011
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Brian K. Brown, Economic Development Administrator
Linda S. Bass, Economic Development Specialist
p~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The3rd day of December, 2007.
No. 37971-120307.
AN ORDINANCE authorizing the proper City officials to execute a Performance and
Loan Agreement among the City of Roanoke (City), the Economic Development Authority of
the City of Roanoke, Virginia, (EDA), and The Hancock Building, LLC (THB), providing for
, certain undertakings by the parties in connection with the renovation and restoration of a certain
Building located at 35 Campbell Avenue, SW; and dispensing with the second reading by title of
this Ordinance.
WHEREAS, THB has proposed the renovation and restoration of a certain Building
located at 35 Campbell Avenue, SW;
WHEREAS, the restoration of three sides of the Building will require significant costs
due to the nature and extent of the work needed to restore the three sides of the Building to their
former condition and appearance;
WHEREAS, THB has requested an economic development loan from the EDA to assist
in the unusual expense for such restoration work, with the City to provide an appropriation of
funds to the EDA;
WHEREAS, City staff has advised Council that such project will benefit economIC
development within the City by providing more residential rental units downtown; and
WHEREAS, the City wishes to encourage THB in connection with the restoration work
in order to enhance and promote economic development ~ithin the City.
K:\Susan's Documents\Tegenkamp\Measures\2007\The Hancock Building-P A,doc
1
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terms of the Performance and Loan Agreement
among the City, the EDA, and THB, as set forth in the attachment to the City Manager's letter to
Council dated December 3, 2007, which provides for certain undertakings and obligations by
THB, as well as certain undertakings by the City and the EDA. City Council further finds that
the economic development loan from the EDA, which shall not exceed a total of $880,000.00,
provided for by the Performance and Loan Agreement will promote economic development
within the City.
2. The City Manager is authorized on behalf of the City to execute a Performance
and Loan Agreement among the City, the EDA, and THB, upon certain terms and conditions as
set forth in the City Manager's letter to Council dated December 3,2007. The Performance and
Loan Agreement shall be substantially similar to the one attached to such letter and in a form
approved by the City Attorney.
3. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to provide for the implementation and administration of such
Performance and Loan Agreement, which includes assignment documents.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
'~.".'._~
." ........ ....f'
'.. ". ".-. :..'
.
K:\Susan's Documents\Tegenkamp\Measures\2007\The Hancock Building-P A.doc
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Performance and Loan
Agreement: The Hancock
Building, LLC
The City and The Hancock Building, LLC (THB), the developer restoring and
renovating a building located at 35 Campbell Avenue, SW, Tax Map No.
1011101, (Building), have negotiated an Economic Development Performance
and Loan Agreement. The Economic Development Loan will be funded by the
City, but issued and administered through the Economic Development Authority
of the City of Roanoke, Virginia (EDA). Such a loan would be for the actual
amount THB spends or causes to be spent on the restoration of the three sides
of the Building to its former condition and appearance, up to an amount of
$880,000. The project would provide approximately 58 residential rental units
to add to the mix of downtown living options to benefit the citizens of the City.
Subject:
Consideration:
The proposed Agreement outlines the obligations of THB to qualify for and
receive the loan. A copy of the proposed Agreement is attached to this letter.
Some of the main provisions provide THB must complete the restoration of the
three sides of the Building and renovation of the building, obtain
permanent/temporary Certificates of Occupancy for each rental unit and the first
floor commercial space, and have all space available for lease within 18 months
after the date of the Agreement. Although THB expects to spend in excess of
$9,000,000.00 in connection with the acquisition and renovation of the Building,
THB will spend or cause to be spent at least $6,000,000.00 on the renovation
work as reflected in the Agreement, which includes the restoration cost of the
three sides of the Building.
Honorable Mayor and Members of City Council
December 3, 2007
Page 2
THB can make one loan request to the EDA provided THB has met all of the
above provisions and submitted documentation to verify expenditures. One loan
in an amount equal to the actual cost of the restoration of the three sides of the
Building, up to $880,000, will be provided by the EDA. Funding will be subject to
appropriation by the City Council to the EDA.
The Agreement provides that the loan will be for 10 years and that a pro rata
portion of the loan will be forgiven for each month THB complies with the
provisions of the Agreement. However, should any rental unit be sold within 10
years from the date of the Agreement so it is no longer available for rent to the
general public, a pro rata portion of the loan, based on the number of months
remaining in the 120 month period, must be paid back to the EDA together with
a default payment amount. There is also a provision for liquidated damages for
each rental unit sold as set forth above within the ten year period, payable to the
EDA. There is a further provision that allows THB to assign the right to the loan
funds under certain conditions to a management entity, subject to approval by
the EDA and the City. Such assignment would place the loan repayment and
default payment obligations under the Agreement on the management entity
and relieve THB from these obligations, but THB would continue to be
responsible for the other obligations under the Agreement.
The EDA will consider this matter at its December 10, 2007 meeting.
Recommended Action:
Approve the terms of the Performance and Loan Agreement among the City,
THB, and the EDA, as set forth in the attachment to this letter, and determine
such loan will promote economic development within the City.
Authorize the City Manager to execute a Performance and Loan Agreement,
among the City, THB, and the EDA, substantially similar to the one attached to
this letter.
Authorize the City Manager to execute such other documents, including any
assignment documents, and take such further action as may be necessary to
implement and administer such Performance and Loan Agreement, with the form
of such documents or assignments to be approved by the City Attorney.
Respectfully submitted,
Darlene L. Burc
City Manager
Honorable Mayor and Members of City Council
December 3, 2007
Page 3
DB/LB
c: Stephanie M. Moon, City Clerk
Jesse A. Hall, Finance Director
William M. Hackworth, City Attorney
R. Brian Townsend, Asst. City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Linda Bass, Economic Development Specialist
Cooper Youell, Attorney, The Hancock Building, LLC
Dennis R. Cronk, Chair, EDA
Harwell M. Darby, Jr., Attorney for EDA
CM07-00186
DRAFT-11127/2007
PERFORMANCE AND LOAN AGREEMENT
This Performance and Loan Agreement ("Agreement") is dated ,2007,
by and among the City of Roanoke, Virginia, a municipal corporation (the "City"), The
Hancock Building, LLC, a Virginia limited liability company (formerly named Grand
Piano Partners, LLC) ("THB"), and the Economic Development Authority of the City of
Roanoke, Virginia, an industrial development authority organized and existing under the
laws of the Commonwealth of Virginia (the "EDA").
WITNESSETH:
WHEREAS, THB owns and has proposed to renovate the old Hancock Building located
at 35 Campbell Avenue, SW, Tax Map No.1011101, in the City (the "Building"). Such
renovation will result in the use of the Building for approximately 58 apartments or
condominiums that will be used as residential rental units available to the general public
(hereafter, "rental units") and first floor commercial space. In connection with such
renovation THB will repair and restore the three sides of the Building facing (fronting)
public streets to their former condition and appearance, as more fully shown on certain
Restoration renderings prepared by Jeffery M. Loinette, dated September 19,2007, which
are attached hereto, made a part hereof, and marked as Exhibit 1 (hereafter, the
"Restoration Project");
WHEREAS, the City recognizes that the Restoration Project for the Building will require
significant costs due to the nature and extent of the work needed to restore the three sides
of the Building to their former condition and appearance as shown in Exhibit 1;
WHEREAS, THB has requested an economic development Loan through the EDA to
assist in the cost of the Restoration Project, but not for the other costs to renovate the
Building. The items and costs for the Restoration Project are set forth in Exhibit 2, which
is attached hereto and made a part hereof;
WHEREAS, the Loan will also enable THB to keep the rental units as rental units versus
selling them as condominiums, which will significantly help address the lack of rental
spaces in the downtown area and will benefit the City;
WHEREAS, the City and the EDA desire that the renovation of the Building, including
the Restoration Project, proceed and have determined such work will promote economic
development within the City. Such work will fill a need for more rental units downtown
and provide additional tax revenue and generate demand for supportive uses, such as
personal and professional services, and retail establishments, to benefit the citizens of the
City;
WHEREAS, the EDA, based on the representations and undertakings of THB, has
determined to make an economic development Loan to THB from funds to be provided
to the EDA by the City, all in accordance with the terms of this Agreement; and
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1
WHEREAS, the parties wish to reduce to writing the understanding of the parties
concerning this matter.
NOW, THEREFORE, the parties, in consideration of the promises and obligations
contained herein, mutually agree as follows:
SECTION 1. EDA ECONOMIC DEVELOPMENT LOAN.
Subject to the terms of this Agreement, the EDA will make an Economic Development
Loan, which will be evidenced by a Promissory Note from THB to the EDA in a form
acceptable to the EDA and the City, (the "Loan"), the total of which shall not exceed
$880,000.00, to THB in order to assist with the Restoration Project for the purposes of
promoting economic development in the City. The EDA's obligations hereunder are not
general obligations of the EDA, but are special obligations of the EDA limited to those
funds which are provided by the City and received by the EDA under the terms set forth
herein.
SECTION 2. OBLIGATIONS OF THB.
THB agrees and promises that in order to qualify to receive the Loan, THB shall do or
provide each of the following:
A. Provide to the EDA and the City, if requested, prior to the execution of this
Agreement, and at any time after its execution, sufficient documentation, as
determined by the EDA and the City, that THB has the right, authority, and
financial ability to renovate the Building and complete the Restoration Project
as contemplated by this Agreement.
B. Within 18 months after the date of this Agreement, complete all the
renovation of the Building and the Restoration Project for the Building, all as
shown in Exhibits 1 and 2. Furthermore, within such 18 month time period,
THB shall obtain permanent and/or temporary certificates of occupancy for
the entire Building, including each rental unit if applicable, and the first floor
commercial space in the Building, and all of the rental units in the Building
and all the commercial space shall be available to be rented and occupied.
C. Although THB expects to spend in excess of $9,000,000.00 in connection
with the acquisition and renovation of the Building, starting on March 1,
2007, and to be completed within 18 months after the date of this Agreement,
THB agrees that THB will have spent or caused to have been spent at least
$6,000,000.00 on the renovation work for the Building (the "Minimum
Expenditure Amount"), which includes the amount to be spent on the
Renovation Project, for the items shown in Exhibit 3, which is attached hereto
and made a part hereof. THB shall provide to the EDA and the City written
documentation of such expenditure of at least the Minimum Expenditure
Amount no later than 60 days after the issuance of the permanent certificates
of occupancy for the entire Building, including all rental units.
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2
D. As part of the Minimum Expenditure Amount, the items for which money will
be spent or caused to have been spent by THB for the Restoration Project shall
be those items as set forth in Exhibit 2. THB shall provide verification of the
expenditures for all such items, and their related costs, referenced in Exhibit 2,
by submitting invoices, statements, and/or other documents and information
reasonably acceptable to the EDA and the City to document the expenditures
incurred and as listed in Exhibit 2, which information shall be provided as set
forth in this Agreement, together with a final complete itemized sumIl1ary of
all such expenditures.
E. Verification of the expenditures submitted by THB shall be sufficient to allow
the EDA and the City to determine if THB has met the expenditure
requirements of Exhibit 2 and, if requested, Exhibit 3. If the information
submitted by THB for verification of the expenditures of either Exhibit 2 or 3
is not sufficient to reasonably evidence such expenditure, either the EDA or
the City may request further documentation, which shall be provided by THB
within 30 days of receipt of the request for further documentation. All of the
documents or information produced by THB to verify such costs or
expenditures shall be provided to the City and the EDA without any cost or
charge to either the City or the EDA.
F. Although specific items listed in Exhibits 2 and 3 shall show an estimated
cost, as long as the total verified expenditures for the items set forth in Exhibit
3 amount to, in the aggregate, at least the Minimum Expenditure Amount or
more, and the total verified expenditures for the items set forth in Exhibit 2
are at least equal to the amount of the Loan THB requests (but which Loan
request shall not exceed $880,000.00), then the required expenditures by THB
for the respective Exhibits will have been met.
G. While THB has no obligation to spend the full $880,000 in connection with
the Restoration Project, the total amount of the Loan shall be limited to the
actual amount spent and verified on the Restoration Project up to a maximum
amount of $880,000.00, i.e. the Loan amount.
H. THB shall file all appropriate and applicable real estate tax and other tax
forms or notices with the City to ensure THB receives the assessments from
the City for such applicable taxes and pay such applicable taxes. THB shall
also ensure that the owner of the property and Building and any entity that
may operate and/or manage the Building, if different than THB, also complies
with all of the obligations of this Section 2 (H) and any other applicable
provisions of this Agreement.
1. Solely in connection with the Restoration Project, the Building and renovation
to it, and the property on which the Building sits, THB agrees that since it is
requesting Loan funds as set forth in this Agreement, THB, its subsidiaries,
affiliates, partners, and/or successors shall not request or seek in any way, and
hereby waives all such rights to, any local incentives and/or grants connected
in any way to the City's Enterprise Zone Programs, induding, but not limited
C:\DOCUME-l \cmjbl \LOCALS-l \Temp\notesFFF692\Performance Agreement.doc
3
to the Enterprise Zone Fac;ade Grant program; provided, however, the City
and the EDA acknowledge that THB is not waiving its right to apply for the
State of Virginia Real Property Investment Grant.
J. THB shall comply with the reporting and certification requirements set forth
in Section 6.
K. THB shall provide written notification to the EDA and the City of any sale or
transfer of ownership of the Building, any of the rental units, or the
commercial space at least 30 days before such event takes place or within two
days of contracting to sell the Building or any rental units if the closing is to
occur in less than 30 days. The notification shall provide sufficient
information about the type of sale or transfer to enable the EDA and the City
to determine if such event will affect the availability of the rental units to the
general public.
L. Any assigns, successors, transferees, or purchasers of the Building, any of the
rental units, or the commercial space shall be bound by the provisions and
obligations of this Agreement, including, but not limited to the reporting and
repayment provisions and the liquidated damages provisions. THB shall
advise all such entities of the existence and contents of this Agreement and
provide such entities with a copy of this Agreement. Such entities shall also
provide this information to any subsequent assigns, successors, transferees, or
purchasers. This Subsection (L) shall not apply to members or entities of the
general public who rent any of the rental units or the commercial space on an
individual rental basis. THB further agrees to record, at THB's expense, in
the office of the Clerk of the Circuit Court for the City of Roanoke and the
City Clerk's Office a copy of the Agreement or a memorandum as agreed to
by the parties summarizing this Agreement with THB being listed as the
Grantor.
SECTION 3. ECONOMIC DEVELOPMENT LOAN .
Subject to the conditions as set forth in this Agreement, the EDA will provide an
economic development Loan, limited to those funds which are received by the EDA from
the City, as set forth below, to THB, in order to assist with the Restoration Project as
follows:
A. As a condition precedent to THB making any request for Loan funds, THB
shall do and/or provide the following items:
1. Provide the EDA and the City with a copy of the permanent and/or
temporary certificates of occupancy for the entire Building, including
all rental units.
11. Provide reasonably sufficient documentation to the EDA and the City
that the renovation of the Building, including the Restoration Project,
has been completed to the reasonable satisfaction of the EDA and the
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4
City. Also, THB shall provide reasonably sufficient documentation to
the EDA and the City of the actual amount spent by THB, or at its
direction, on the Restoration Project and the amount paid for all such
items.
iii. Provide sufficient documentation to the EDA and the City of the actual
amount spent by THB or, at its direction, which amount shall be at
least the Minimum Expenditure Amount, for renovation work on the
Building, which includes the Restoration Project. The City and the
EDA agree that a certification from THB's independent Certified
Public Accountant, which shall include the line items of such
expenditures and the aggregate amounts spent, may be acceptable
documentation to satisfy the obligations in this subsection.
B. After THB complies with THB' s obligations under this Agreement, within the
required time periods, THB may make one request for a Loan from the EDA.
Such Loan request shall be made by THB no later than 60 days after
completion of all of THB' s obligations under this Agreement within the
required time periods. The Loan request shall be submitted to the EDA within
such 60 day time period, which period will not be beyond August 21,2009, or
the request will not be considered or processed and if such time period expires
before any such request is made by THB, then the Agreement will be deemed
terminated as of the expiration of such time period.
C. Subject to the provisions of this Agreement, the amount of the one Loan
request can only be for an amount up to the actual amount spent for the
Restoration Project, with the type of items for which the funds were spent
being subject to the reasonable approval by the EDA and the City, and subject
to the maximum amount set forth in this Agreement. Furthermore, any funds
spent on items that are not approved by the EDA and the City will be
deducted from the Loan request and no Loan funds will be provided for such
item(s).
D. The maximum amount of all Loan funds THB may receIve under this
Agreement shall in no event exceed a total of $880,000.00. Once this
maximum amount is loaned to THB, THB may not make any further Loan
requests and no further Loan requests will be considered.
E. By way of example only, assuming THB has complied with its obligations
under this Agreement, and has provided all the reasonably required
documentation to the EDA and the City, then THB may make a Loan request
to the EDA within the required time period. The following are possible
examples:
1. The Minimum Expenditure Amount of $6,000,000 was spent on
the renovation work, and this included a total properly documented
and approved amount spent on the Restoration Project of
$820,000.00.
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Since this amount is less than the maximum Loan amount of
$880,000.00, THB could request a Loan amount equal to the above
amount of $820,000.00.
2. The Minimum Expenditure Amount of $6,000,000 was spent on
the renovation work, and this included a total properly documented
and approved amount spent on the Restoration Project of
$900,000.00
Since this amount is over the maximum loan amount of
$880,000.00, no Loan request should be made for more than
$880,000.00 and any Loan request for any amount over
$880,000.00 would not be considered or processed.
3. The Minimum Expenditure amount of $6,000,000 was not spent on
the renovation work, but the total properly documented and
approved amount spent on the Restoration Project was
$880,000.00.Unlike examples 1 and 2 above, where it is assumed
the actual amount documented and approved spent on the
renovation of the Building was equal to or greater than the
Minimum Expenditure Amount, the Minimum Expenditure
Amount was not met in this example 3.
Since the actual amount properly spent on the renovation of the
Building is less than the Minimum Expenditure Amount, THB
would have failed to meet all of THB' s obligations under the
Agreement and would not be eligible to make a Loan request or
receive any Loan funds. Any Loan request THB might make to
the EDA would not be considered or processed and the City would
not fund any such request.
SECTION 4. DISTRIBUTION OF LOAN FUNDS.
(
Upon THB's compliance with the obligations set forth in this Agreement, THB may
make one request in writing that the EDA obtain and provide the Loan funds mentioned
above in accordance with the terms of this Agreement. Such request must be
accompanied by sufficient documentation to establish to the reasonable satisfaction of the
EDA and the City THB's compliance with the obligations set forth in this Agreement.
Upon receipt of such request, and approval by the EDA, which approval shall not be
unreasonably withheld, (the "approved request"), the EDA will forward the approved
I request to the City Manager and Economic Development Administrator. The written
Loan request from THB to the EDA will be on a form approved by the EDA's counsel, a
copy of which form is attached hereto as Exhibit 4. The EDA may disapprove any
request not complying with the terms of this Agreement or require a revised request be
submitted; provided that as long as THB' s original request was made within 60 days after
completion of THB's obligations hereunder, THB shall be given additional time to
complete a revised request. After the EDA approves a request, the EDA will make a
written request to the City for the distribution to the EDA of the City's appropriation of
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6
such funds. The City will process such approved request within 30 days of receipt
thereof, subject to such funds being appropriated. The EDA will make any approved
Loan to THB within 10 working days from the date of receipt of the funds from the City,
provided, however, the EDA has no liability in the event the City delays processing the
EDA's requisition. The EDA's obligations shall be limited to those funds which the
EDA shall receive from the City and shall not be a general obligation, but a special
obligation of the EDA. Furthermore, no Loan request may be made by THB or
considered by the EDA after the 60 day time period as set forth in Section 3 (B) above or
after the Loan of the maximum Loan amount to THB, whichever occurs first.
SECTION 5. PAYMENT OF EDA'S FEES.
THB promises and agrees it will pay all reasonable fees, costs, and expenses of the EDA
in connection with this matter, including any action necessary to collect reimbursement
hereunder or litigation of any type, all of which includes the reasonable fees of the EDA's
counsel. Payment of such items shall not be made from any Loan funds. The EDA will
submit statements to THB for such items and THB will pay such statements within 30
days after receipt. The EDA anticipates that the fees in connection with the review and
execution of this Agreement will be approximately $ 2,000.00.
SECTION 6. REPORTS TO THE EDA AND THE CITY.
A. On or before the date THB makes a Loan request to the EDA, THB agrees to
report to and provide the EDA and the City reasonably sufficient information
related to THB' s compliance with the conditions of this Agreement and to
provide appropriate documentation to support such compliance. THB also
agrees to allow the EDA, the City, and/or its representative to inspect, audit,
copy, or examine any of THB's books and records to confirm the amounts
spent on the Restoration Project, the Building, and THB's compliance with
THB's obligations under this Agreement. Access to THB' s books and records
shall be provided or made available within 30 days of a written request from
either the EDA or the City, at no cost to the EDA or the City.
B. THB shall make annual reports on or before July 1 of each year to the EDA
and the City (through the City's Real Estate Assessor and Economic
Development Administrator) setting forth the status of the Building and each
rental unit and certify that all rental units are either rented to or available for
rent to individuals of the general public on an individual rental unit basis.
Such reports and certifications shall be made by THB for the 120 month
period of time referred to in Section 15.
SECTION 7. COJ.\tIPLIANCE WITH LAWS.
THB agrees to comply with all applicable federal, state, and local laws, rules, and
regulations.
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SECTION 8. COOPERATION.
Each party agrees to cooperate with the other in a reasonable matter to carry out the intent
and purpose of this Agreement.
SECTION 9. SEVERABILITY.
If any term of this Agreement is found to be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which will continue in full force and effect.
The parties intend the remaining provisions of the Agreement be enforced to the fullest
extent permitted by applicable law.
SECTION 10. AUTHORITY TO SIGN.
The persons who have executed this Agreement on behalf of the parties represent and
warrant they are duly authorized to execute this Agreement on behalf of their respective
entity.
SECTION 11. COUNTERPART COPIES.
This Agreement may be executed in any number of counterpart copies, each of which
shall be deemed an original, but all of which together shall constitute a single instrument.
SECTION 12. SUCCESSORS.
The terms, conditions, provisions, and undertakings of this Agreement shall be binding
upon and inure to the benefit of each of the parties hereto and their respective successors
and assigns.
SECTION 13. NONDISCRIMINATION.
A. During the performance or term of this Agreement, THB agrees as follows:
1. THB will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin,
age, disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal
operation of THB. THB agrees to post in conspicuous places,
available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
11. THB in all solicitations or advertisements for employees placed by
or on behalf of THB will state THB is an equal opportunity
employer.
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8
111. Notices, advertisements, and solicitations placed in accordance
with federal law, rule, or regulation shall be deemed sufficient for
the purpose of meeting the requirements of this section.
B. THB will include the provisions of the foregoing Section A (i, ii, and iii) in
every subcontract or purchase order of over $10,000, so the provisions will be
binding upon each subcontractor or vendor.
SECTION 14. ASSIGNMENT.
THB agrees not to assign or transfer any part of this Agreement without the prior written
consent of the City and the EDA, which will not be unreasonably withheld, and any such
assignment shall not relieve THB from any of its obligations under this Agreement.
SECTION 15. REPAYMENT OF LOAN BY THB.
A. In the event the EDA loans THB any Loan funds in connection with the
completion of the Restoration Project, THB shall be required to repay the
EDA, who in turn shall pay such sum to the City, all outstanding Loan
amounts owed under this Agreement in the event THB either (i) sells one or
more of the rental units within 120 months following the date of THB's
receipt of such funds, and (ii) any such unites) is/are no longer available to be
rented to individual members of the general public on an individual rental unit
basis, or if THB fails to make the annual report and certification referred to in
Section 6 (B) above within 10 calendar days following receipt of written
notice from the EDA and/or the City that such annual report and certification
is past due. Should a conveyance of a rental unit by THB satisfy the
requirements in the preceding sentence, or THB fails to make the report and
certification within 10 calendar days following receipt of written notice from
the EDA and/or the City that such annual report and certification is past due,
the prorata amount to be repaid to the EDA shall be determined as follows:
the total Loan funds received, less any principal Loan amounts forgiven as
provided in Section 17 (the "Repayment Amount"), plus a default payment
amount equal to one third of the Repayment Amount. Any amount to be
repaid to the EDA pursuant to this Section shall be paid by THB to the EDA
within 30 days following the transfer of any rental unit as set forth above, or
THB's failure to make the required report and certification within 10 calendar
days following receipt of written notice from the EDA and/or the City that
such annual report and certification is past due. The EDA shall then pay such
amount back to the City within 15 days after receipt of such funds. The City
shall also be entitled to enforce, but is not required to enforce, such repayment
provisions. At the time THB repays the Loan funds and the default payment,
as provided in this Subsection A, the Loan shall be deemed paid in full and no
additional Loan amounts will be owed by THB to the EDA in/connection with
the Loan and the EDA shall provide written certification, if requested, that all
Loan amounts owed under the Loan have been paid in full. However, any
such Loan amounts do not include any amounts that may be due under Section
16, and those amounts are in addition to any Loan amounts.
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9
B. For illustration purposes only, if THB receives a Loan of $880,000 from the
EDA on September 1, 2008, and breaches the terms of this Agreement on
January 15, 2012, THB will be required to repay the EDA $782,222.23
calculated as follows: (i) under Section 17 THB would have complied with the
terms of this Agreement for 40 months and therefore 40/120 or 1/3 of the
amount of the Loan ($293,333.33), would have been forgiven requiring
$586,666.67 to be paid, plus (ii) a default payment equal to $195,555.56
($586,666.67 x 1/3). The EDA would pay such amount to the City within 15
days after receipt of such amount from THB.
SECTION 16. LIQUIDATED DAMAGES.
A. THB has represented to the City and the EDA that all of the rental units will
be used as rental units available to the general public on an individual basis
for the 120 month time period referred to in Section 15. THB has also advised
the City and the EDA that THB intends to try to obtain a partial tax exemption
from real property taxation as may be allowed by the Code of the City of
Roanoke (1979, as amended) Section 32-93 et seq. for a period of 10 years.
Since the parties realize that it would be difficult to remove any such tax
exemption from any particular rental unit should it no longer be used as a
rental unit as required by this Agreement, the parties agree that liquidated
damages would be a reasonable way to address this matter. Therefore, THB
agrees that, in addition to the repayment of Loan funds referred to in Section
15, if THB receives any real property tax exemption from the City for the
Building, the rental units, and/or the Project, and if any of the rental units are
no longer used as or made available as a rental unit for the general public on
an individual basis, during the 120 month time period referred to in Section
15, then THB agrees to pay liquidated damages, as to each such rental unit, as
set forth herein to the EDA and the City, not as a penalty, but for the loss of
each such rental unites) being made available to the general public as set forth
above. Such liquidated damages shall be calculated as follows: The amount
of liquidated damages for each such rental unit shall be an amount equal to the
amount of the yearly tax exemption allowed by the City multiplied by the
number of years and any part thereof that remain available for such tax
exemption amount. THB hereby waives any defense as to the validity of any
liquidated damages stated herein on the grounds such liquidated damages
could be void as penalties or are not reasonably related to actual damages. All
such liquidated damages are in addition to any other damages the City may be
entitled to recover from THB. Any amount to be paid to the EDA pursuant to
this Section shall be paid by THB to the EDA within 30 days following the
transfer of any rental unit as set forth above. The EDA shall then pay such
amount to the City within 15 days after receipt of such funds. The City shall
also be entitled to enforce, but is not required to enforce, such payment
provisions. Notwithstanding the foregoing, it is acknowledged and agreed by
the City and the EDA that THB shall not be required to pay any liquidated
damages pursuant to this Section unless and until THB makes a Loan request
and receives Loan funds in connection therewith.
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10
B. For illustration purposes only, if THB receives a partial tax exemption of
$2,000 per year for each of the anticipated 58 rental units for a 10 year period,
and THB receives the Loan funds on September 1, 2008, but then THB, or its
successor, sells one of the rental units on January 15, 2012, for the personal
use of the buyer, in addition to the repayment of the Loan funds mentioned in
Section 15, THB would also owe liquidated damages to the EDA and the City.
Such liquidated damages would be calculated in the example as $2,000 per
year multiplied by the number of years and any part thereof remaining for
such tax exemption. ($2,000 x 6 years and 8 months [6.667] = $13,334 due
the EDA and the City.) The EDA would pay such amount to the City within
15 days after receipt of such amount from THB. This same procedure would
be followed for the sale of any of the other rental units during the entire 10
year period regardless of the fact that the repayment of the Loan funds had
occurred. It is also noted that the tax exemption amount could be different for
the various rental units.
SECTION 17. FORGIVENESS OF AMOUNTS OWED UNDER THE LOAN.
The EDA and the City agree that the Loan shall be interest free, but is subject to a default
payment amount as set forth in Section 15. THB shall make monthly payments to the
EDA, for the 120 month time period referred to in Section 15, in the amount of 1/120 of
the Loan amount, provided that for each month THB complies with the terms and
conditions set forth in this Agreement and continuing for 120 consecutive months
following THB's receipt of the Loan funds, such monthly payment amount due and
owing for that particular month shall be forgiven and THB shall have no further
obligation to pay such amount(s).
SECTION 18. LOAN MADE TO RELATED ENTITY IF REQUESTED BY THB.
In connection with the rehabilitation of the Building, federal and state tax credits may be
generated. Because the tax credit structure of the transaction has not been finalized, THB
has indicated that it is possible that a management entity may be established to facilitate
the transaction and the Loan may need to be made to such entity. The City and the EDA
agree that if such management entity is created and THB requests in writing to the EDA
and the City that the Loan be made to such management entity instead of THB, THB may
assign the right to the Loan funds to such management entity, such assignment and its
form being subject to approval by the EDA and the City, which approval shall not be
unreasonably withheld or delayed. Such management entity shall be responsible for the
repayment of the Loan and the default payment as described in Section 15 if they become
due to the EDA and/or City under the provisions of this Agreement. In consideration of
all of the members of such management entity agreeing, to personally, both jointly and
severally, guarantee the Loan and its repayment along with the default payment to the
EDA and the City, THB will be released from liability for repayment of the Loan funds
under this Agreement. However, the release of such repayment liability of THB will only
be effective after the EDA and the City have approved in writing, which approval shall
not be unreasonably withheld or delayed, THB's request for assignment, the form of the
Assignment Agreement, the specific entities that comprise the management entity, the
C:\DOCUME-l \cmjbl \LOCALS-l \Temp\notesFFF692\Performance Agreement.doc
11
form of such personal guarantees, and the proper execution of such documents. Although
THB may be released only from such repayment liability as mentioned above, THB shall
continue to remain liable and responsible for complying with all the other provisions and
obligations of this Agreement. After the management entity executes the approved
Assignment Agreement, and the approved personal guarantees have been given to the
EDA and the City, such management entity may make a Loan Request in accordance
with, and subject to, the provisions of this Agreement. Such management entity will then
be able to receive the Loan funds from the EDA in the same manner as THB would have
been able to receive such Loan funds in accordance with the provisions of this
Agreement. In the event the Loan is made to the management entity by the EDA, the
management entity shall agree to contribute or loan to THB all Loan funds it receives
from the EDA, and THB agrees that all such funds shall only be used by THB to cover
the costs actually incurred by THB for the Restoration Project. Failure to comply with all
terms and conditions of this Agreement by either and/or both THB and/or such
management entity shall be a default under the Loan and a breach of this Agreement.
SECTION 19. INDEMNITY.
THB agrees to indemnify and hold harmless the EDA, the City, and their officers,
directors, and employees free and harmless for and from any and all claims, causes of
action, damages, or any liability of any type, including reasonable attorney's fees, on
account of any claims by or any injury or damage to any persons or property growing out
of or directly or indirectly resulting or arising in any way out of any actions, omissions,
or activities of THB or its agents, employees, or representatives arising out of or
connected in any way to any of the matters involved in this Agreement or any
performance thereunder.
SECTION 20. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Agreement, THB agrees and submits itself to a court of
competent jurisdiction in the City of Roanoke, Virginia, and further agrees this
Agreement is controlled by the laws of the Commonwealth of Virginia, with the
exception of Virginia's choice of law provisions which shall not apply; and all claims,
disputes, and other matters shall be decided only by such court according to the laws of
the Commonwealth of Virginia as aforesaid.
SECTION 21. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of
any term or condition of this Agreement or any party's waiver of any breach of this
Agreement by any other party extends to that instance only. Such waiver or failure is not
and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver
of any other breaches of the Agreement by any party and does not bar the non-defaulting
party from requiring the defaulting party to comply with all the terms and conditions of
this Agreement and does not bar the non-defaulting party from asserting any and all
rights and/or remedies it has or might have against the defaulting party under this
Agreement or by law.
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12
SECTION 22. CAPTIONS AND HEADINGS.
The section captions and headings are for convenience and reference purposes and shall
not affect in any way the meaning or interpretation of this Agreement.
SECTION 23. APPROPRIATION OF FUNDS.
All obligations or funding undertaken by the City or the EDA in connection with the
Restoration Project or this Agreement are subject to the availability of funds and the
appropriation of such funds by City Council as may be necessary for such obligations or
funding.
SECTION 24. PERFORMANCE.
If THB fails to comply with any of the obligations of this Agreement as reasonably
determined by the EDA and/or the City, THB will not be entitled to be eligible for and/or
receive and/or continue to be eligible for and/or receive any such Loan funds as referred
to above or in this Agreement, and/or THB will be required to make the repayments as
set forth in this Agreement.
SECTION 25. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested or by a nationally recognized overnight courier,
addressed as follows (or any other address the party to be notified may have designated to
the sender by like notice):
If to City, to
City of Roanoke
Attn: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to:
City of Roanoke
Attn: Economic Development Administrator
111 Franklin Plaza, Suite 200
Roanoke, Virginia 24011
Fax No. 540-853-1213
If to EDA, to:
Chair, Economic Development Authority
of the City of Roanoke, Virginia
c/o Harwell M. Darby, Jr., Esquire
Glenn, Feldmann, Darby & Goodlatte
210 First Street, SE
Roanoke, Virginia 24011
Fax No. 540-224-8050
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13
If to THB, to:
The Hancock Building, LLC
c/o C. Cooper Youell, IV, Esquire
26 West Kirk Avenue
Roanoke, Virginia 24011
Fax: 886-864-7836
Notice shall be deemed delivered upon the date of personal service, two days after
deposit in the United States mail, or the day after delivery to a nationally recognized
overnight courier.
SECTION 26. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2-4343.1, be advised the City does not discriminate
against faith based organizations.
SECTION 27. ENTIRE AGREEMENT.
This Agreement, together with any exhibits or attachments, constitutes the entire
agreement of the parties and supersedes all prior agreements between the parties. No
amendment to this Agreement shall be valid unless made in writing and signed by the
appropriate parties.
(SIGNATURE PAGE TO FOLLOW)
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14
IN WITNESS WHEREOF, the parties have executed this Performance and Loan
Agreement by their authorized representatives.
A TTEST/WITNESS:
CITY OF ROANOKE, VIRGINIA
By:
Darlene L. Burcham, City Manager
Printed Name and Title
WITNESS:
The Hancock Building, LLC
By:
Printed Name and Title
Printed Name and Title
WITNESS:
ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF
ROANOKE, VIRGINIA
By:
Dennis R. Cronk, Chair
Printed Name and Title
Approved as to Form
Appropriation and funds required for
this Agreement are subject to future
appropriation
City Attorney
Director of Finance - City of Roanoke
Approved as to Execution
Date
Acct#
City Attorney
Authorized by Ordinance No.
C:\DOCUME-l \cmjbl \LOCALS-l \Temp\notesFFF692\Performance Agreement.doc
15
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35 CAMPBELL AVENUE SW
ROANOKE VA 24011
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35 CAMPBELL AVENUE SW
ROANOKE VA 24011
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Exhibit 2 to Performance and Loan Agreement Among the City, THB, and the EDA
The Hancock Building
Estimated Extraordinary Expense Summary
Related to Historic Exterior Rehab
Existing Fa~ade De~oIition and Disposal $ 88,386
Masonry Pilaster Repair and Replacement 99,435
Cleaning and Sealing 33,145
Terra Cotta Repair 38,157
Masonry Toothing & Cutting of Red Brick 53,419
Cast Stone Repair 309,808
Storefront Glass and Doors (1st floor) 102,601
Repair and Replacement of Upper Floor Windows 153,902
Total Extraordinary Expenses $ 878,852
Prepared by Stanley Shield, LLC - General Contractor
..-..:~
Date: November 20, 2007
Page 1 of 1
Exhibit 3 to Performance and Loan Agreement Among the City, THB, and the EDA
The Hancock Building
Minimum Expense Summary
Description Cost
General Conditions 760,000
Site Construction 329,000
Concrete Work 43,000
Masonry Work 389,000
Structural Steel 90,000
Wood & Plastics 857,000
Thennal & Moisture Protection 415,000
Doors & Hardware 235,000
Finishes 665,000
Specialities 19,000
Equipment 210,000
Furnishings, Blinds, etc. 54,000
Sprinklers & Fire stopping 185,000
Elevators 150,000
Mechanical 815,000
Electrical 615,000
Contractor Fees 250,000
Total Incurred Costs $ 6,081,000
\
Prepared by Stanley Shield, LLC - General Contractor
Date: November 20, 2007
Page 1 of 1
DRAFT - 11/26/2007
Exhibit 4 to Performance and Loan Agreement Among City of Roanoke,
The Hancock Building, LLC, and EDA
Loan Request Form
This Loan Request is submitted pursuant to a certain Performance and Loan Agreement dated
, 2007, (the "Performance and Loan Agreement"), by and among the City of
Roanoke, Virginia, ("City"), The Hancock Building, LLC, ("THB"), and the Economic
Development Authority of the City of Roanoke, Virginia, ("EDA"). Terms used but not defined
herein shall have the same meanings ascribed to such terms in the Performance and Loan
Agreement.
The Performance and Loan Agreement provides that THB will renovate the old Hancock
Building located at 35 Campbell A venue (the "Facility"). The Performance and Loan
Agreement also provides that THB will provide for an investment of at least $6 million on the
renovation of the Facility, of which the amount of $880,000 is anticipated to be spent or caused
to have been spent by THB for the restoration of the three brick facades to the old Hancock
Building, all as described in the Performance and Loan Agreement. These obligations along
with other obligations are to be completed within a certain period of time as set forth in the
Performance and Loan Agreement.
The Performance and Loan Agreement further provides that THB may, upon compliance with
the provisions of the Performance and Loan Agreement, make a request to the EDA for an
economic development Loan to be funded with funds to be provided by the City in the amount
spent on the restoration of the three brick facades, but not more than $880,000.
THB warrants and represents that it has complied with all of the terms and conditions of the
Performance and Loan Agreement necessary for it to obtain Loan funds from the EDA, including
but not limited to all of the provisions of Section 2 of the Performance and Loan Agreement, and
that it will continue to comply with the terms and conditions of the Performance and Loan
Agreement.
Attached to this Loan Request Form as Attachment A is the information THB represents as
being sufficient to show that (1) it has spent or caused to have been spent at least $6 Million on
the renovation of the old Hancock Building and (2) the amount it has spent or caused to have
been spent on the restoration of the three brick Building sides to the old Hancock Building not to
exceed $880,000. Accordingly, THB hereby requests from the EDA an economic development
Loan, as provided for in the Performance and Loan Agreement, in the amount of
$ , which is the amount it has spent or caused to have been spent on the restoration
of the three brick Building sides to the old Hancock Building not to exceed $880,000 and is
supported by the attached documentation as Attachment A.
1
The Performance and Loan Agreement provides that the Loan must be requested on or before
August 21,2009.
In the event of a conflict or difference between the terms of the Performance and Loan
Agreement and those contained in this Loan Request, the terms and provisions of the
Performance and Loan Agreement shall control.
THB respectfully requests that the EDA process this Loan request through the City and send
copies to the City Manager and the City's Economic Development Administrator, in accordance
with the provisions ofthe Performance and Loan Agreement.
This Loan Request is dated
WITNESS:
The Hancock Building, LLC
Member
Printed Name and Title
Printed Name and Title
Member
Printed Name and Title
Printed Name and Title
2
CITY. OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELlA R. lYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 5, 2007
Darle.ne L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37972-120307 adding ~7-48,
Requirement of Certificate of Compliance, Article_ III, Rental Certificate of
Compliance, Chapter 7,Buildinq Requlations, Code of the City of Roanoke
(1979), and as amended, for the purpose of amending the City's rental
inspection program ordinance, and dispensing with the second reading by title
of this Ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 3,2007, and is in full
force and effect upon its passage.
Sincerely,
~J).~
~, Stephanie M. Moon, CMC
tJ ., City Clerk '
SMM:ew
Attachment
. .I
Darlene L. Burcham
December 5, 2007
Page 2
pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail
to Municipal Code Corporation)
Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
The Honorable Brenda S. Hamilton, Clerk of the Circuit Court
Ronald S. Albright, Clerk, 'General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Raymond F. Leven, Office of the Magistrate
Lora A. Wilson, Law Librarian
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. StQvall, Director, Management and Budget
Mr. Henry L. Woodward, Legal Aid Society, 132 Campbell Avenue, S. W.,
Suite 200, Roanoke, Virginia 24011-1206
Dan Webb, Acting Director of Neighborhood Services
Thomas Carr, Director, Planning, Building and Development
..4-
J\~~,
IN 'THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3~d day of December, 2007.
No. 37972-120307.
AN ORDINANCE adding g7-48, Requirement of Certificate of Compliance, of Article
III, Rental Certificate of Compliance, of Chapter 7, Building Regulations, of the Code of the City
of Roanoke (1979), as amended, for the purpose of amending the City's rental inspection program
ordinance; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 7-48, Requirement of Certificate of Compliance, of Article ill, Rental
Certificate of Compliance, of Chapter 7, Building Regulations, of the Code of the City of
Roanoke (1979), as amended, is hereby added to read and provide as follows:
Section 7-48. Requirement of Certificate of Compliance.
It shall be unlawful for any owner, managing agent or person in control of a dwelling
unit located in a rental inspection district to rent or lease such a dwelling unit when such
dwelling unit fails to comply with the requirements contained in this Article.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
O).~
0- Add 7-48 -Requirement of Certificate of Compliance 12-3-07
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATrORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: cityatty@roanokeva,gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER~FERGUSON
ASSISTANT CITY AlTORNEYS
December 3,2007
The Honorable C. Nelson Harris, Mayor
and Members of City Council
Roanoke, Virginia
Re: Article III, Rental Certificate of Compliance, of Chapter 7, Building
Regulations, of the City Code
Dear Mayor Harris and Members of Council:
The Legal Aid Society of Roanoke Valley recently requested that Article III, Rental
Certificate of Compliance, of Chapter 7, Building Regulations, of the City Code be amended to
prohibit the rental of dwelling units which do not have a current certificate of compliance but
which are subject to the Rental Inspection Program. Such a provision was in the City's rental
inspection program when the program was first adopted in 1996, but the provision was deleted in
2005 when the state legislature amended the state code enabling section and localities were
required to revise their local ordinance accordingly. After researching the issue, we have
concluded that the authority to enact such a provision is fairly implied by the state enabling
legislation for rental inspection programs. Other localities in Virginia, including Chesapeake,
Hampton, Fredericksburg and Williamsburg, have such a prohibition in their respective city
codes.
I recommend that the attached ordinance be adopted by City Council.
With kindest personal regards, I am
Sincerely yours,
Bil~
William M. Hackworth
CiWAttorney
SJT/WMH:ld
cc: Darlene L. Burcham, City Manager
Stephanie M. Moon, CMC, City Clerk
Henry L. Woodward, Esquire
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver@ci.roanoke.va.us
JESSE A. HALL
Director of Finance
email: jesse_hall@ci.roanoke.va.us
December 3, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: October Financial Report
According to recent indicators, the national economy, although slowing, remains resilient to the
housing market slump. Gross Domestic Product (GDP), which is total goods and services produced
in the United States, grew 3.9% in the first fiscal quarter. Payroll employment rose by 166,000
jobs during the month of October. Initial unemployment claims dropped to 317,000 during the
week ending November 3 compared to a four-week moving average of 329,750. Relative to
inflation, the Consumer Price Index rose 0.3% in September attributable to rising food and energy
prices.
At the State level, according to the Secretary of Finance's monthly financial report, revenues grew
10.3% in October compared to October of last year. Revenues grew 5.1 % on a fiscal year-to-date
basis. The majority of October's growth is attributed to two factors. October 2007 had one
additional deposit day than October 2006. Also, the State Corporation Commission issued refunds
to insurance companies in October last year, but will not do so until November this year.
Adjusting for the above timing differences, the year-to-date revenue growth would be 3.5%
compared to the annual estimate of 3.0%. Sales tax grew 2.8%, equal to the forecasted growth
rate.' Individual income taxes grew 8.1 %, ahead of the projected annual growth rate of 6.2%.
Conversely, corporate income taxes fell 16.0% due to lower corporate payments and a substantial
increase in refunds.
The City of Roanoke's adopted budget for fiscal year 2008 totals $252.6 million, representing a
5.4% increase over the adopted budget for fiscal year 2007. Budgeted revenue growth results
from a projected increase in Real Estate and Personal Property tax revenue, as well as projected
growth in various local taxes including Sales tax, Business License tax, and Prepared Food and
Beverage tax. The aforementioned growth has been allocated to provide more funding to the
Roanoke City Public Schools, for capital maintenance and equipment replacement, to enhance
services to citizens, and to fund salary increases for employees. Furthermore, the fiscal year 2008
budget provides for greater social services program funding and the resources necessary to meet
the current year's debt service requirements. The following narrative provides commentary on the
significant events of the first four months of fiscal year 2008.
Honorable Mayor and Members of Council
December 3, 2007
Page 2
Revenues
Revenues through October increased 5.5% compared to the prior fiscal year. Most revenues are
growing as anticipated, taking into account that the due dates for some of our major taxes,
business license, the second installment, of real estate, and personal property, are due in the
second half of the fiscal year. Detailed comments on budgetary variances for our major revenues
are addressed as follows:
General Property Taxes increased 5.8% in total as a result of growth in reassessments and new
construction. The first installment of the real estate tax was due October 5. This tax is expected
to grow by approximately 6.7% as a whole in fiscal year 2008, and actual growth has followed this
trend for the first four months of the fiscal year. Offsetting this increase is a decline in personal
property tax revenue compared to last year when the state tax relief on older years' taxes was
phased out. When this occurred, taxpayers were balance billed their share of delinquent taxes
previously covered through tax relief. This was a one-time item affecting the prior year, and it has
an offsetting increase in the Grants-in-Aid Commonwealth category.
Other Local Taxes decreased 0.3% in the current fiscal year. Transient Occupancy, Prepared Food
and Beverage, and Cigarette taxes have increased, while the Sales tax is down by just under 1 %
compared to the prior year. Business License tax has decreased from fiscal year 2007 and is
impacted by higher exonerations in the current fiscal year. In addition, there is a change in the
timing of revenue recognition based on the Telecommunications Tax program that went into effect
January 1, 2007. Revenues are now remitted by companies to the Commonwealth. The State then
pays the local governments, therefore receipts are delayed an additional month under the revised
program than when administered locally. The timing difference in revenue recognition will be
eliminated by the close of fiscal year 2008 when year end accruals are prepared. Adjusted for the
impact of the timing differences caused by the change in telecommunications taxation, local taxes
have grown 6.3%.
Permits, Fees and Licenses grew 35.5% from fiscal year 2007 due to an increase in building
inspection permit fees, most notably due to the William Flemming High School project.
Revenue from the Use of Money and Property decreased 55.9% com pared to the prior year as a
result of a change in the interest allocation method which negatively impacted the current year.
In addition, the City has experienced a decline in interest revenue due to lower interest rates in the
current year. Also contributing to the variance is the timing difference in the collection of Health
Department rent. This billing variance will be rectified once the new lease is signed.
Grants in Aid Commonwealth will be impacted by State budget reductions announced earlier this
fiscal year. Currently, the impact to the City is anticipated at $362,000, mainly as a result of a
decrease in funding through HB 599. An adjustment to state revenues and budgeted expenditures
will be recommended once the total revenue impact is finalized by the Commonwealth. Through
October, revenues grew 14.6% compared to those of the prior year in part due to the increase in
Social Services expenditures which are reimbursable by the Commonwealth. Also contributing to
the variance is the reduction in the prior year revenue from the Commonwealth which occurred
Honorable Mayor and Members of Council
December 3, 2007
Page 3
when tax relief expired on older year taxes and these amounts were balanced billed to local
taxpayers. As mentioned previously, this has an offsetting decrease in the local tax category.
Internal Services decreased 10.1 % compared to the prior year due in part to the reduced billing of
the School's share of the Comprehensive Services Act (CSA) expenditures. The reduced billing is a
result of a decrease in the educational related CSA expenditures incurred by the City. Also
contributing to the variance is a decline in Engineering billings as well as lower Building
Maintenance charges. Partially offsetting the decrease is an increase in the reimbursement from
the Roanoke Regional Airport for Fire Safety expenditures.
Miscellaneous Revenue increased 50.7% primarily due to collections for the Building New
Partnerships Conference held this September. In fiscal year 2007, collections were not received
until much later in the fiscal year. Revenues from the Art Festival also contributed to the growth
in this category because there were no collections in the prior year.
Expenditures
General Fund obligations as a whole increased 7.7%. The fiscal year 2008 expenditure budget
includes funding of approximately $743,000 to cover contracts and purchase orders made during
fiscal year 2007 but not paid by the end of that year. City Council approved re-appropriation of
this funding when adopting the General Fund budget in May. Additionally, General Fund
expenditures of all departments are affected by a 4% pay raise effective July 1, 2007. Other than
these items which affect most categories of expenditures, variances between fiscal year 2007 and
fiscal year 2008 are addressed as follows:
General Government expenditures grew 15.5% due in part to the aforementioned pay increase.
Extended illness and termination leave costs also contributed to the variance in personnel costs.
In addition, personnel costs are higher due to an increase in the number of filled positions
compared to last year. Also contributing to the growth in this category is an increase in employee
tuition payments as well as earlier encumbrances of several contracts.
Judicial Administration expenditures grew 21.0% due in part to an increase in personnel costs.
Other than the pay raise mentioned earlier, there was also and increase in the number of filled
positions versus fiscal year 2007 including a new Compensation Board approved position in the
Commonwealth Attorney's office. Also contributing to the variance is an increase in maintenance
contracts also contributed to the growth.
Health and Welfare grew 26.9% due to increased foster care, adoption, and daycare expenditures
as a result of a higher rate of child placement. Also, payments for foster care and adoptions are
based on the needs of the child and are higher when special medical care is required. The
Commonwealth approved a 13% rate increase for foster family homes and adoption subsidy
effective July 1, 2007 compared to a 4% increase in the prior year.
Parks, Recreation and Cultural costs increased 25.0% due in part to expenditures for the Arts
Festival, as there were no expenses in fiscal year 2007 until November. Also contributing to the
variance is the encumbrance of the cleaning contract as well a~ additional personnel costs for the
Libraries. In addition, the entire year of the Event Zone contract has been encumbered this fiscal
year where only six months had been paid as of this point in the prior fiscal year.
Honorable Mayor and Members of Council
December 3,2007
Page 4
Community Development expenditures increased 12.6% due primarily to current year costs for
various Memberships and Affiliations including the Roanoke Valley History Museum, Building New
Partnerships Conference, and Alliance for Innovation. Most of these charges were not applicable
to the prior fiscal year. Also contributing to the variance is a timing difference in the Williamson
Road Area Service District payment.
Nondepartmental expenditures decreased 45.8% due to a decline in the transfer of funds for the
Capital Maintenance and Equipment Replacement Program to the Market Building, Civic Facilities,
Capital Projects, Department of Technology, and Fleet Management funds. In addition, these
transfers fluctuate from year to year based on the needs of each fund and availability of fund
balance.
Sincerely,
Q~ A, /W
Jesse A. Hall
Director of Finance
JAH:lcvc
Attachments
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
James Grigsby, Assistant City Manager
R. Brian Townsend, Assistant City Manager
Sherman M. Stovall, Director of Management and Budget
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Govemment
Charges for Services
Intemal Services
Miscellaneous Revenue
Total
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Year to Date for the Period
July 1 - October 31
2006-2007
$ 35,146,265
13,162,341
405,788
529,032
730,243
12,097,914
July 1 - October 31
2007.2008
$ 37,179,737
13,125,151
549,898
556,133
321,948
13,870,072
Percentage
of Change
5.8 % $
-0,3 %
35,5 %
5.1 %
-55.9 %
14,6 %
0,0 %
2,2 %
-10,1 %
50.7 %
5.5 % $
Current Fiscal Year
, Percent of
Revenue
Estimate
Received
38.4%
17.7%
44.9%
40.7%
36.9%
20,9%
0,0%
33,3%
23.6%
31.2%
27.4%
Revised
Revenue
Estimates
96,801,000
74,210,000
1,224,000
1,367,000
872,000
66,269,884
38,000
8,453,000
2,595,000
731,000
252,560,884
$
2,753,341
680,377
151,195
65,656,496 $
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period Current Fiscal Year
Percent of
July 1 - October 31 July 1 - October 31 Percentage Unencumbered Revised Budget
Expenditures 2006-2007 2007-2008 of Change Balance Appropriations Obligated
General Govemment $ 3,937,596 $ 4,546,183 15,5 % $ 8,996,146 $ 13,542,329 33,6%
Judicial Administration 2,196,274 2,657,287 21.0 % 5,442,242 8,099,529 32.8%
Public Safety 21,297,555 23,319,824 9.5 % 38,950,458 62,270,282 37.4%
Public Works 9,430,106 9,905,494 5.0 % 16,123,284 26,028,778 38.1%
Health and Welfare 9,980,513 12,669,481 26,9 % 22,895,843 35,565,324 35,6%
Parks, Recreation and Cultural 3,654,514 4,569,388 25.0 % 7,066,054 11,635,442 39.3%
Community Development 2,427,755 2,734,378 12.6 % 3,652,795 6,387,173 42,8%
Transfer to Debt Service Fund 13,243,041 13,350,247 0.8 % 5,700,815 19,051,062 70,1%
Transfer to School Fund 20,113,253 21,291,913 5,9 % 40,924,421 62,216,334 34,2%
Nondepartmental 4,016,146 2,175,989 -45.8 % 8,388,373 10,564,362 20,6%
Total $ 90,296,753 $ 97,220,184 7.7 % $ 158,140,431 $ 255,360,615 38.1%
2,814,022
611,480
227,857
69,256,298
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE INCOME STATEMENT
FOR THE FOUR MONTHS ENDING OCTOBER 31,2007
FY 2008 FY 2007
Operating Revenues
Rentals $ 210,010 $ 102,257
Event Expenses 54,528 48,716
Display Advertising 20,835 12,501
Admissions Tax 50,181 63,327
Electrical Fees 10,740 6,200
Novelty Fees 5,847 4,720
Facility Surcharge 27,570 22,489
Charge Card Fees 9,853 3,652
Commissions 884 2,511
Catering/Concessions 190 128,584
Other 425
Total Operating Revenues 390,638 395,382
Operating Expenses
Personal Services 633,255 605,112
Operating Expenses 347,399 350,847
Depreciation 293,302 173,516
Total Operating Expenses 1,273,956 1,129,475
Operating Loss (883,318) (734,093)
Nonoperating Revenues/(Expenses)
Interest on Investments 7,320 (28,666)
Transfer from General Fund 516,498
Transfer to Debt Service Fund (46,309) (47,059)
Interest and Fiscal Charges (29,976) (31,288)
Miscellaneous 480 65,299
Net Nonoperating Revenues/(Expenses) (68,485) 474,784
Net Loss $ (951,803) $ (259,309)
2
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE INCOME STATEMENT
FOR THE FOUR MONTHS ENDING OCTOBER 31, 2007
FY 2008 FY 2007
Operating Revenues
Market Garage $ 115,336 $ 125,000
Elmwood Park Garage 168,120 173,210
Center in the Square Garage 83,961 66,420
Church Avenue Garage 212,722 185,676
Tower Garage 162,651 155,325
Gainsboro Garage 37,060 24,015
Williamson Lot 28,339 26,156
Higher Ed Center Lot 25,062 16,771
Market Lot 3,472 11,633
Elmwood Lot 23,856 26,487
Warehouse Row Lot 9,548 9,770
West Church/YMCA Lots 8,757 8,757
Total Operating Revenues 878,884 829,220
Operating Expenses
Operating Expenses 326,507 314,793
Depreciation 228,076 188,476
Total Operating Expenses 554,583 503,269
Operating Income 324,301 325,951
Nonoperating Revenues (Expenses)
Interest on Investments 41 ,772 42,585
Miscellaneous 27,500
Transfer from General Fund 12,337 11,340
Interest and Fiscal Charges (82,257) (96,980)
Net Nonoperating Expenses (28,148) (15,555)
Net Income $ 296,153 $ 310,396
3
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE INCOME STATEMENT
FOR THE FOUR MONTHS ENDING OCTOBER 31, 2007
FY 2008 FY 2007
Operating Revenues
Retail Space Rental $ 90,432 $ 90,799
Total Operating Revenues 90,432 90,799
Operating Expenses
Operating Expense 65,728 82,518
Depreciation 31,691 3,432
Total Operating Expenses 97,419 85,950
Operating Income/(Loss) (6,987) 4,849
Nonoperating Revenues
Interest on Investments 10,993 3,032
Transfer from Capital Projects Fund 274,300
Transfer from General Fund 570
Miscellaneous 19
Total Nonoperating Revenues 11 ,582 277,332
Net Income $ 4,595 $ 282,181
4
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED OCTOBER 31, 2007
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA
FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED OCTOBER 31, 2007.
BALANCE AT
SEP 30, 2007
CONSOLIDATED FUNDS $99,067,977.97
RECEIPTS
$38,133,813.78
BALANCE AT BALANCE AT
DISBURSEMENTS OCT 31, 2007 OCT 31, 2006
$48,936,934.22 $88,264,857.53 $107,477,017.72
CERTIFICATE
I HEREBY CERTIFY THATTHE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY
TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF
FOR THE MONTH ENDING OCTOBER 31,2007. THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
CORPORATE NOTES
LOCAL GOVERNMENT INVESTMENT POOL
SUNTRUST INSTITUTIONAL MONEY MARKET
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S, SECURITIES)
VIRGINIA SNAP PROGRAM (U. S. SECURITIES)
TOTAL
$17,660.72
5,062,473.37
499,950.00
28,500,915.43
4,581,498.22
26,500,000.00
15,863;543.83
7,238,815.96
$88,264,857.53
NOVEMBER 14, 2007
~~ow~s.~
5
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2007
,
FY 2008 FY 2007
Additions:
Employer Contributions $ 3,356,267 $ 3,084,650
Investment Income
Net Appreciation (Depreciation) in Fair Value of Investments 14,930,273 20,600,387
Interest and Dividend Income 1,734,939 1,342,983
Total Investment Income (Loss) 16,665,212 21,943,370
Less Investment Expense 15,425 65,661
Net Investment Income (Loss) 16,649,787 21,877,709
Total Additions (Deductions) $ 20,006,054 $ 24,962,359
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
$ 8,224,966
9,646
8,234,612
$ 7,726,696
15,218
7,741,914
Net Increase (Decrease)
11,771,442
17,220,445
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance October 31
378,571,495
$ 390,342,937
334,232,043
$ 351,452,488
6
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
OCTOBER 31, 2007
FY 2008 FY 2007
Assets
Cash $ 451,577 $ 497,864
Investments, at Fair Value 391,945,680 352,901,413
Due from Other Funds 2,189 1 ,431
Total Assets $ 392,399,446 $ 353,400,708
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
$ 2,056,245
264
$ 1,948,220
Total Liabilities
2,056,509
1,948,220
Fund Balance:
Fund Balance, July 1
Net Gain (Loss) - Year to Date
378,571,495
11,771,442
334,232,043
17,220,445
Total Fund Balance
390,342,937
351,452,488
Total Liabilities and Fund Balance
$ 392,399,446
$353,400,708
7