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HomeMy WebLinkAboutCouncil Actions 09-08-09 THE CITY COUNCIL MEETING RECONVENED TO CONSIDER THE FOLLOWING AGENDA ITEMS: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Approved (5-0, Council Member Price and Vice-Mayor Lea were not present when vote was recorded.) A joint communication from Council Members Gwen W. Mason, Chair, and M. Rupert Cutler, Vice-Chair, City Council Personnel Committee, 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 open session would adversely affect the bargaining position or negotiating strategy of City Council, pursuant to Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended. Approved (5-0, Council Member Price and Vice-Mayor Lea were not present when vote was recorded.) Joint meeting of Council and Virginia Western Community College Officials and City Representatives of the Board on Monday, October 5 at 12:00 Noon. Lunch will be provided. (Items to be submitted to City Clerk.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. . Update on H1 M1 (Swine Flu) BRIEFINGS: Western Virginia Water Authority - Franklin County Membership 30 minutes Downtown Roanoke, Incorporated - Market Square 30 minutes Leaf Collection 20 minutes Motion to amend the City Code to eliminate the $100.00 administrative fee for this season's leaf collection, not to eliminate the contractor's fee. The time period for citizen notification changed from 24 hours to 72 hours. Code amendment to be placed on Council September 21 agenda for adoption. 2 Virginia Municipal League Annual Conference Proposed Museum Mural Strategic Planning Session 10 minutes 5 minutes 20 minutes THE COUNCIL MEETING RECESSED FOR A CLOSED MEETING AND RECONVENED AT 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 3 ROANOKE CITY. COUNCIL REGULAR SESSION SEPTEMBER 8, 2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Price was absent. The Invocation was delivered by The Reverend Tina R. Cox, Pastor, Wesley Memorial United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting was not televised live; however, it will be taped and replayed on Channel 3 on Friday, September 11 at 7:00 p.m., and Sunday, September 13 at 4:00 p.m. (Closed captioning will be available during playback dates. ) 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. 4 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.CLlCKONTHESERVICEICON.CLlCK 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. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring Friday, September 11, 2009 as Hokie Pride Day. Presented ceremonial copy to Brian Wilson, President, Roanoke Valley Hokie Club. Proclamation declaring Saturday, September 12, as Seat Check Sqturday, and September 12 - 18, 2009 as National Child Passenger Safety Week. Presented ceremonial copy to Chief Gaskins. 5 Proclamation declaring September 13 - 20, 2009 as Virginia Cycling and Pedestrian Awareness Week. Presented ceremonial copy to Jeanne Duddy, Blue Ridge Bicycle Club; Jerern,y Holmes, BikeWalk, Roanoke Chapter President; David Harrison, Bicycling Friend Roanoke, CommitteeCbair. j \ Proclamation declaring September 17 - 23,2009 as Constitution Week. Presented ceremonial copy tc) Annie Marie Griffin, Historian, Roanoke Valley Chapter-NSDAR. Proclamation in support of the Veteran Government Bond, Stamp and Coin Program. 3. 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 REFERREDIMMEDIATEL Y FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Colonel Robert Craig, 701 12th Street, S. W.; Helen Davis and Evelyn Bethel, 35 Patton Avenue, N. E.; Robert Gravely, 3360 Hershberger Road, N. W.; and Margaret Scott, 1317 10th Street, N. W. 4. CONSENT AGENDA (6-0, as amended, with the withdraw of the request from the City Attorney for a Closed Meeting.) 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 the Council held on Monday, May 18, 2009; Monday, June 1, 2009; and Monday June 15, 2009. RECOMMENDED ACTION: \ Dispensed with the reading of the minutes and approved as recorded. 6 C-2 A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. WITHDRAWN C-3 A communication from the City Clerk advising of the resignation of Dale Anthony Edmonston as a member of the Human Services Advisory Board, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-4 Annual report of the Board of Trustees, City of Roanoke Pension Plan, for the period of July 1, 2008 through June 30, 2009. RECOMMENDED ACTION: Received and filed. C-5 Reports of qualification of the following individuals: LaJuan Thomas as a member of the Human Services Advisory Board for a term ending November 30, 2012; The Reverend William L. Lee as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 2012; and MarleneM. Preston as a member of the Roanoke Public Library Board for a term of three years ending June 30, 2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: a. Authorization to contract a debt and issue General Obligation Public Improvement Bonds of the City, in the principal amount of $13,945,000.00, for various public improvement projects. Darlene L. Burcham, City Manager, and Ann H. Shawver, Director of Finance. Adopted Resolution No. 38582-090809. (4-2, Council Members Mason and Rosen voting no.) (Council Member Price was absent.); and Budget Ordinance No. 38583, as amended, on first reading. (4-2, Council Members Mason and Rosen voting no.) (Council Member Price was absent.) 7 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Department of Motor Vehicle Traffic Safety Grant; and appropriation of funds. Adopted Resolution No. 38584-090809 and Budget Ordinance No. 38585-090809. (6-0) 2. Donation of four vehicles from the United States Marshals Service for use by the Police Department. Adopted Resolution No. 38586-090809. (6-0) 3. Amendment of the City Code to revise Chapter 14.1, Solid Waste Manaaement, in order to eliminate loose leaf collection within the City. Adopted Ordinance No. 38587-090809. (6-0) 4. Execution of Amendment No. 1 to the Performance Agreement between the City, Roanoke Hotel Group, LLC, and the Economic Development Authority ofthe City of Roanoke, to allow a six month time extension. Adopted Ordinance N(). 38588-090809. (6-0) 5. Consolidation of Roanoke River Greenway Enhancement Grant funds and associated revenues; and transfer of funds between greenway capital accounts in order to correct Council action pertaining to Budget Ordinance No. 38438-050409 adopted on May 4, 2009. Adopted Budget Ordinance No. 38589-090809. (6-0) COMMENTS BY CITY MANAGER. Clarification of a comment by Colonel Craig regarding a public hearing for funds in connection with the Library Plan. 8 b. CITY CLERK: 1. Requesting concurrence of Council in the appointment of Jonathan E. Craft as Deputy City Clerk. Adopted Resolution No. 38590-090809. (6-0) c. DIRECTOR OF FINANCE: 1. Presentation and Fiscal Year 2009 Unaudited Financial Statements. Received and filed. 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Virginia Municipal League, and designating a Staff Assistant for any meetings of the Urban Section, in connection with the Annual Virginia Municipal League Conference to be held on October 18 - 20, 2009, in Roanoke, Virginia. Adopted Resolution No. 38591-090809. (6-0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. CERTIFICATION OF CLOSED MEETING. (5-0) (Mayor Bowers and Council Member Price were absent.) , Appointed Marie E. Greene to replace Elizabeth Stone as a member of the Fair Housing Board for a term ending March 31, 2012. Appointed Karena J. Clinton to replace Clarice Walker as a member of the Roanoke Neighborhood Advocates for a term ending June 30, 2012. 9 Appointed Heather R. Gerbus to replace JoAnn Edmunds as a member of the Youth Services Citizen Board fora term ending May 31,2012. Reappointed Judy Jackson as a member of the Roanoke Civic Center Commission for a term of three years ending September 30, 2012. Reappointed Vickie H. Bibee as a Director of the Economic Development Authority for a term.of four years ending October 20,2012. 10 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., SUlTE 452 ROANOKE, VIRGlNIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVIDA. BOWERS Mayor September 8, 2009 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia i"!~ Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions a.nd committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:ctw CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVID A. BOWERS Mayor September 8, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle We wish to request a Closed Meeting to discuss the award of a public contract involving the expenditure of public funds, where discussion in open session would adversely affect the bargaining position or negotiating strategy of City Council, pursuant to Section 2.2- 3711 (A)(29), Code of Virginia (1950), as amended. Sincerely, ~ we olyn W. Mason, Chair Ci y Council Personnel Committee M. Rupert Cutler, Vice-Chair City Council Personnel Committee GWM/MRC:ctw J CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church A venue, S. W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov September 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable, Rupert Cutler, Council Member Honorable Gwen W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: H1 N1 Virus Update Per your request, attached is a memorandum from Dr. Stephanie L. Harper, District Health Director of the Roanoke Health Department, which provides an update regarding the H1 N1 virus and its community impact, the status of the H1 N1 vaccine, and the Health Department's surveillance, mitigation and coordination efforts with Roanoke City Public Schools and other service agencies. Council should refer to page 1, paragraph 4 of the "Background Information" section for pertinent information regarding the impact of the H1 N1 virus on the City of Roanoke Health District and to page 3 of the "Mitigation" section for information regarding the Health Department's coordination efforts with the Roanoke City Schools. I trust that this correspondence addresses Council's concerns, but please feel free to contact me should you need any further information. Respectfully submitted, Fi~~ Assistant to the City Manager c: Stephanie M. Moon, City Clerk , . RC Health Department 9.09 H1N1 Situation Update General Situation Background The Novel HINt virus first caused illness in the United States in March arid April 2009. On June 11,2009 the WHO (World Health Organization) noted global spread of the new virus and elevated the pandemic alert level to Phase 6. At that time more than 70 countries reported cases, in addition, there were ongoing community level outbreaks worldwide. As of September 6t11 the WHO reports over 277,600 laboratory confinned cases of2009 HINl with at least 3200 deaths. In the United States, by June 19,2009, all 50 states and the District of Columbia reported infection. We saw significant novel HINl activity during the 2009 summer and outbreaks and illness are continuing. Most people have had mild disease and have recovered without medical treatment. The virus can however cause severe disease and death. From 4/15/09 to 7/24/09 there were 43,771 either confmned cases or probable cases of novel HINt.' Of these, 5011 people were hospitalized and 302 persons died. On 7/24/09 cases counts were discontinued and only aggregate reports of hospitalizations and death will continue. As of 9/04/09 there have been 9,079 hospitalized cases and 593 deaths. In Virginia, as of early September there were 4 confmned deaths due to novel HI NI. Across the state, about 2% of all emergency department and urgent care visits are due to Influenza-like illness. Currently, Virginia is reporting regional flu activity. Locally, we continue to see HINI in our community. Flu levels are higher than they would usually be during this period. In the Roanoke City Health District, for the week ending 9/05/09, 1% -;"" 2% of Emergency Department and Urgent Care visits were for a chief complaint of influenza-like illness. We anticipate that circulation of HI NI virus and illness will continue and increase as the traditional flu season approaches. Getting an HINI vaccine when it is available is the best protection from the novel HINI virus. The State Department of Health is preparing for vaccine distribution, via a national distributor, to our local private and public partners. The local health department is preparing to administer vaccine when it is available. Precautions The spread ofHINI is thought to occur in the same way that seasonal flu is spread. The virus is spread from person to person through coughing or sneezing. Sometimes touching something with flu viruses on it and touching your eyes, nose or mouth can lead to infection. Therefore, the following precautions are recommended: * Get the HI NI vaccine when available * Cover your nose and mouth with a tissue when you cough or sneeze. * Wa'sh your hands often with soap and water. Alcohol-based handc1eaners are effective when there is nO visible dirt. * Avoid touching your eyes, nose and mouth. SOO/lOOd weEE:O~ 600l L~ daS LB69LSBOVS xej 4+leaH ~+!3 a~oueo~ RC Health Department 9.09 H1Nl Situation Update Precautions cont. * Try to avoid close contact with sick people. '" If you are sick with flulike illness, stay home for at least 24 hours after your fever is gone except to get medic1ll care. HINt Vaccine Multiple sites throughout oUr community have pre-registered to receive and administer BINl vaccine (hospitals, stores, private providers etc.). These public and private sites will be required to complete formal registration to be eligible to receive vaccine. HINI vaccine will be forwarded directly to registered entities. Private providers \\ill have the opportunity to vaccinate their healthcare workers and patients/clients. The, local health department will focus on school immunization programs, vulnerable populations, large immunization clinics and gaps in vaccine access. It is anticipated that enough vaccine will be produced to vaccinate everyone who wants to be vaccinated. Because there are those who are at increased risk for infection or increased risk of complications if infected, the CDC has identified the following priority groups: * Pregnant women * Health care and emergency medical services personnel ;I; People who live with or care for infants younger then 6 months of age '* Persons between the ages of 6 months and 24 years old ". People aged 25 years through 64 years of age who are at higher risk because of chronic health disorders. There vvill be targeted activities directed at high risk groups, however, vaccine will be available for all who desire vaccination. Clinical trials \\ill detennine the necessity of one versus two doses for specific age groups. Final recommendation on the number of doses will not be available until clinical trials have been completed in late-September. The novel HINl viruses identified remain similar to the viruses chosen for the vaccine. With rare exception, virus remains susceptible to antivirals. Vaccine is expected to be delivered to VDH mid-October. Surveillance Health Department laboratory testing is for surveillance purposes. Special testing is coordinated by local health department when appropriate. There are pre-selected physicians and pre-selected emergency departments (sentinel providers and sites) that are submitting specimens on an ongoing basis for testing. . This testing is continuous and serves as an indication of activity in our community. SOO/EOOd WgEE:O~ 600l L~ das L869LS80~S Xg~ 41lgaH ~t!3 a~ougo~ . RC Health Department 9.09 H1Nl Situation Update Surveillance cont. .In addition; the Department of Health is tracking chief complaints of influenza-like illness from hospitals and urgent care facilities and is monitoring death certificates to identify deaths related to novel HINl. School attendance reporting will be monitored at the local and state level. Surveillance and monitoring has indicated that influenza activity is increasing. Mitigation Antivirals Medication is available for treatment ofHINI influenza. Antivirals should be initiated as soon as possible after the onset of symptoms. When started within 48 hours of symptoms antivirals have been shown to reduce the risk of severe outcomes. However, they can be given after the initial 48 hours. In generai, the recommended duration of treatment is 5 days. Schools Schools have large numbers of children in the priority age groups. As such. schools are a focus of health department activities. . . Local Health Department and School systems are in regular communication regarding surveillance and mitigation issues; . Parental conununication planning is ongoing. . On site school-based vaccine clinics are being planned for students and staff. . Off site vaccine clinics are also being planned. . VDHlDOE MOD has been created to faci1itat~ school-based activities. . At the request of the Health Department, Lewis Gale Hospital hosted respirator fit testing training for school nurses and others. . CDC is authorizing a 2009 novel HINl consent form. to give permission for students to be provided vaccine. The health department will forward fmal to schools. Schools 'Will then provide oversight and coordination for fonn completion and retuIll. . Schools are advising faculty, staff, parents and students to stay home if they are ill or have flu-like symptoms including fever, cough, sore throat until they have been without a fever for 24 hours without the use of fever-reducing medication. . Schools are encouraging faculty. staff and students to receive a seasonal flu vaccination as early as possible, . Schools are tracking flu-like illness in students, faculty and staff and reporting sudden increases in such illnesses to the local health department. 500/VOOd W~VE:O~ GOOZ L~ daS LBG9L5BOV5 X~j 4tl~aH ~t!J a~ou~o~ RC Health Department 9.09 HiNi Situation Update Mitigation cont. . Schools are updating emergency plans to ensure that all contactlists are up to date. . Schools are promoting good hand hygiene and respiratory practice, including frequent hand washing, using hand sanitizers when necessary and covering all coughs or sneezes with a tissue or sleeve. A Department of Health public call center has been activated -1-877-ASK-VDH3. Questions can also be submitted to www.vdh.virginia.gov. Health Department is presenting at multiple public venues to provide up to date infonnation and guidance on HINI. Health Department has held or will hold meetings with community members and will continue discussions with schools, hospitals, police/sheriff, city and county officials, congregate care facilities and child care centers. Health Departn1ent has developed a church information bulletin. It will be distributed to local congregations for inclusion in their service program.. .. REMINDER Seasonal Flu Seasonal flu vaccine is the most important step in protecting against the seasonal flu. The CDC and the Virginia Department of Health recorrunended that seasonal flu vaccination begin as soon as vaccine is available. Vaccine is available and now is the best time to get a seasonal flu shot. Currently, the Health Department is providing multiple opportunities for residents to get vaccinated including walk-in clinics) appointment only clinics and off site mass clinics. 500/500d WBV~:O~ 600l L~ das L869L580V5 xe~ 41lBaH ~1!3 a~ouBoM ) .,J . <112,336 6l5,2lIO 73i,1ii2 773,014 813,561 291.:m 31Qf.60 32Q ;eo 3<!\910 338.100 ----- :Ills;" ~,72ci 40\432 424,114 445.40<1 2CO,00l 2CXlOOl 20lClll 20l <XX> 2CO.00l 241,aa; 241,~ 241,fm 241,910 241.887 (5376;i;) ~37.675) (537.615) ~37.675) (537.6 ----- (93.7001 (!E.722) (!E.747) (91.;l55J (!E. (1"l0C0) (1"l0C0) (1"laxi) (1"l0C0) (181.00l :.:5,193 Ell"" 127,6ffi 141:\349 100,616 23.193 114,194 241,879 ""218 569.844 " Nl(t srtOW ~C;Z~\ \ '( '~ 1 -------1 ----- STATES OF MIND DAN &LIA PERJOVSCHI competing generations of male artists to the role of reception and the responsibility of the public to art. The strategic introduction of erasure inAnthropogramming could be said to reflect a number of elements Werner . Meyer observed in operation in Dan's work: the artist's "nomadic existence in the international exhibition business;" his talent in making" a virtue of the neces- sity of material shortage with his small ephemeral drawings;" and his ability to learn from the past how to "evade the dictatorship," as well as apply that lesson to sidestepping "the Western art market. "53 In I99~' Romanian artist, curator, and critic Calin Dan already addressed the ephemeral and disappearance in Dan's work. His perceptive comment bears repeating: Dan Perjovschi belongs to that rare species of skeptics who do not believe in the object [ive] virtues of culture. The uniqueness, longevity and 36 STILES IF!gs.5]-52 Dan Perjovschi, 9th Istanbul Bien- nale, 2005; installation and detail Going European; marker on wall. Fig. 53. EllPpos!te page Dan perjovschi, rEST, 1999; instal- lation in Romanian Pavilion, 48th Venice Biennale; marker on floor. ~~""-.._-. J1< .. i . " \" ~., 4 ,f?;.~ ~ ..;.. '\. -', ..... ';"'." :' ~ t ",J t:~":;~: 'r '".'~ ~.. .<\ '\ "', , _.': ..~;;.:~ ..:':'''0, ;, .(;, " 1< LC l \ ,". ,; -' . 'r~~~~"... 1 . ".7...1.... . .., ~~'o' \Ill:",.~":,,,,\;\ (,'. \. , . '\ "".01 .....:\'...;_~:,___"" .'..... ". t....:" ... ~\ ....-:." ~. _'A-~':' . .j., : '~\~~~r.t~: It'. ....\,... '\"'"'''~~'t.''' \ I' .P"~).b'~";~; \ (,~~ ',r\.~L:?:.,_.::c,'-_ ..1.-.\.........._ _ .~ , . . ... "'-' ... 37 ,,,,"_~;__,.,,'L.:':::';lL:;-_';';' j L 1\'--... h( '. ., \. ~ ~ ""OJ I._ :1 ~\i~ \.9; ~' ) ~' {I :\ f\ c' :::::-. (~.. -.I"~ . :.t'~\ \~J '/ t, ~, [-8'1 L. .\ I 's'~.' -.~~, ....-':. i:%:r\: f ~,i'\\\. Ii fl:i\~, F"\. :>- j~ 165 ~.!-' City-Sponsored Activities for 2009 VML Annual Conference at Hotel Roanoke Latest count from VML for attendees is 683 (includes delegates, spouses, exhibitors, non-member registrations, speakers and staff) Sunday. Oct. 18 i Exhibit Hall (city staff will host a display), 2-4:30 p.m. · Host Gift will be distributed at exhibit booth -an edible solid chocolate Roanoke Star from Chocolate Paper, in milk and dark chocolate. · A blinking star with the Roanoke logo will be presented to conference attendees who bring with them the "Roanoke's Star is Rising" button given out by the city at the 2008 VML conference. Mayor's Walk to the Star, 2:30 p.m. · A shuttle will depart at 2:30 p.m. Sunday from Hotel Roanoke to the starting point for the walk. · The walk will be a half-mile. Planning to have photographers, refreshments at the Discovery Center. · We are inviting green organizations to be at the Discovery Center to talk with participants about green initiatives. · Shuttle will take people back down the mountain to the hotel. · Paul Chapman (Recreation Programmer for Parks and' Recreation) is overseeing , this event Monday. Oct. 19 Exhibit Hall (city staff will host a display), 8 a.m.-3:15 p.m. · Host Gift and blinking stars will be distributed at exhibit booth. 1 I.. Q Opening Session, 9-11 :45 a.m. o Mayor gives welcome and introduces City Council members o Presentation of Colors: Air Force Junior ROTC Color Guard from William Fleming High School and Patrick Henry High School o National Anthem - Devonte Saunders, William Fleming High School, accompanied by Lenora Turner, Choral Director, William Fleming High School Spouse Event . Tour of Downtown Spaces and Lunch at Claude Moore Education Complex, 9:30 a.m.-l p.m. Host Night Street Preparations · "No Parking After 1 p.m." signs will be posted in the City Market area first thing on morning of Oct. 19. . At 2 p.m., the city will close: / o Campbell Avenue from the garage entrance to Williamson Road; o Short Market Street; o Wall Street from Salem Avenue to Campbell Avenue; o Market Street from Campbell Avenue to Church Avenue; and o Kirk Avenue alley from Jefferson Street to Williamson Road. · Notification will be sent to those who park in City Garages alerting them to street closures and alternate routes. · A News Release will be sent out the week prior to Host Night regarding road closures via MyRoanoke. . DRI will notify businesses about street closures. · Police officers will be stationed at Campbell and Jefferson to direct traffic after streets are closed at 2 p.m. 2 ., Decorations (setup to begin at 2 p.m.) Theme: A Nig!)t Under the Stars o White tablecloths with colored confetti will be used. o Flower arrangements using Iris (city flower) on tables. o Star-shaped balloons will be attached to the middle of each centerpiece and also used as decorations for the event. o Other decorations will include straw bales covered with cloths, decorated with balloons; lights in trees. o A stage will be set up on Campbell Avenue for musicians. · Host Night Reception at Taubman Museum of Art, 6-7 p.m. o Finger food, beer, wine and beverages provided by "Catering by SMG" o Entertainment by William Penn Jazz Quartet · 7 p.m. - Procession to Market Square led by Virginia Tech Highty Tighties · Host Night Dinner in Market Square, 7-9 p.m. (Rainlocation}or dinner is the Special Events Center at Roanoke Civic Center) o Food will be provided by downtown restaurants (14 restaurants have agreed to participate) o Beer, wine and beverages proVided by "Ovations" o Entertainment - the William Penn Jazz Quarter (during dinner) · Valley Metro will provide transportation to Host Night activities for those who need it via the Star Line Trolley (from Sheraton and Hotel Roanoke to Market Area) . · Police presence will consist of Bike Patrol and on-foot officers stationed around the event area. The Mounted Patrol will also be present. · Fire-EMS presence - an am bulance and EMS staff will be on site in case of an emergency. 3 'J · Volunteers -40 city employees have signed up to serve as volunteers for .the event. o Volunteers will wear shirts donated by Downtown Roanoke Inc. In addition, they will wear the blinking stars and "Roanoke's Star is Rising" buttons from the VML 2008 Conference. Tuesday. Oct. 20 Annual Prayer Breakfast, 7:45-8:45 a.m. John Chambliss, former Roanoke County administrator, will speak at this event. Spouse Event · Ken Farmer, a regular appraiser on the popular PBSseries Antiques Roadshow, will discuss antiquing, including displaying some of the items from his own collection, 9:30-11 :30 a.m. at Hotel Roanoke. General Information Conference Transportation - Transportation will be provided for conference attendees staying at the Sheraton. Whether we arrange with Valley Metro or provide with city van or bus will be determined by the number of conference attendees who stay at the Sheraton. Support · So far, $16,000 in donations has been pledged to cover the cost of beverages at the reception and dinner: Woods Roger Appalachian AECOM Landscape Supply Lanford Brothers Wachovia · Roanoke County and Vinton have expressed an interest in supporting Host Night through volunteers, gift, or monetary donation. 4 \.! Office of the Mayor WHEREAS, the Roanoke Valley has had a long and mutually beneficial relationship with Virginia Tech, its alumni and supporters, and the Roanoke Valley is home to many thousands of Virginia Tech alumni and friends; and WHEREAS, Virginia Tech has brought positive attention to Southwest Virginia in academics, research, and athletics, and the City of Roanoke takes pride in the accomplishments of the University; and WHEREAS, the Roanoke Valley Hokie Club and the Virginia Tech Alumni Association will promote Friday, September 11, 2009, as the Tenth Annual "Hokie Pride Day': in order to allow supporters to demonstrate their Hokie pride. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim Friday, September 11, 2009, throughout this great All-America City, as HOKIE PRIDE DA Y. Given under our hands and the Seal of the City of Roanoke this eighth day of September in the.;yea.r two thousand and nine. ATTEST: ~ OJ'~~~'--- ~~tJ ---- , ~mh1O\W . . Stephanie M. M~n City Clerk David A. Bowers Mayor Office of the Mayor CITY OF WHEREAS, Saturday, September 12, 2009, has been declared National Seat Check Saturday, and September 12 - 18, 2009, has been declared National Child Passenger Safety Week; and all 50 states, the District of Columbia, Puerto Rico, and the United States territories have enacted laws requiring the use of child passenger safety systems; and WHEREAS, according to the National Highway Traffic Safety Administration, while 98 percent of America's infants and 96 percent of children ages one to three are now regularly restrained, not enough children of all ages are restrained properly for their size and age; only 37 percent of children age four to seven are placed in booster seats; and the safest place for all children up to age 13 is in the back seat of a vehicle. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby urge everyone to help reduce injuries and the tragic loss of life by buckling up themselves and their children on every trip, every time; and do hereby proclaim Saturday, September 12, 2009, throughout this great All-America City, as SEA T CHECK SA TURDA Y, and further declare September 12 - 18, 2009, as CHILD PASSENGER SAFETY WEEK. ~.~/., "'.'? -..:: . Given under our hands and the Seal of the City of Roanoke this eighth day of September in the year two thousand ahcj nine. ATTEST: ~~~tr;t~ City Clerk ~Q.~ David A. Bowers Mayor ~trJ.frJrfm) Stephanie M. Moon City Clerk Office of the Mayor CITY OF WHEREAS, Bike Walk Virginia and Drive Smart Virginia are partnering to raise awareness of the practices that help make our roadways safer for all users; and ' WHEREAS, according to Bike Walk Virginia and Drive Smart Virginia, 90 . people died and more than 2,300 were injured in 2008 while biking or walking on Virginia roads; and WHEREAS, cyclists may utilize roadways to travel to and from work and other destinations, and may travel during morning or evening rush hours when roads are congested; and WHEREAS, all roadway users should be aware of their surroundings, including paying special attention to blind spots where other roadway users may be hidden; the risk for crashes can be reduced significantly if motorists, cyclists, and pedestrians know and follow all traffic safety laws at all times and remain cognizant of each other's presence. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby encourage citizens, employers, community groups, and faith based organizations to educate their loved ones, friends, employees, and members on keeping Virginia's roadways safe for everyone, and encourage all roadway users to share our roads, and do hereby proclaim September 13-20, 2009, throughout this great AII- America City, as VIRGINIA CYCLING AND PEDESTRIAN A WARENESS WEEK. Given under our hands and the Seal of the City of Roanoke this eighth day of September in the year two thousand and nine. ATTEST: ~~ David A. Bowers Mayor Office of the Mayor CITY OF WHEREAS, the Constitution of the United States of America, the guardian of our Iiberlies, is a product of reflection and choice, embodying the principles of limited government in a Republic dedicated to rule by law, not by men; and WHEREAS, September 17, 2009, marks the two hundred and twenty- second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and the anniversary of its creation, and to the patriotic celebration which will commemorate the occasion; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through September 23 as Constitution Week. NOW, THEREFORE, /, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim September 17 - 23, 2009, throughout this great All-America CLty'Cl~ CONSTITUTION WEEK. Given under our hands and the Seal of the City of Roanoke this eighth day of September in the year two thousand and nine. ATTEST: ~~In.~ Stephanie M. Moon City Clerk David A. Bowers . Mayor \1J A ~ <i(L<J,. \NV\ CITY OF ROANOKE OFFICE OF CITY AITORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATI'ORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cilyauy@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANTCITY AlTORNEYS September 8, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting for consultation with legal counsel on a specific legal matter requiring the provision oflegal advice by such counsel, pursuant to ~2.2-3711.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, W~h.~ William M. Hackworth City Attorney WMH/lsc c: Darlene L. Burcham, City Manager Ann Shawver, Director of Finance Stephanie Moon, 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-]]45 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 11, 2009 Dale Anthony Edmonston 3624 Melrose Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Edmonston: At the regular meeting of the Council of tHe City of Roanoke held on Tuesday, September 8, 2009, the City Clerk advised of your resignation as a member of the Human Services Advisory Board for a term ending November 30, 2010. The Members of City Council requested that I express sincere appreciation for your service to the City of Roanoke as a member of the Human Services Advisory Board, from August 6, 2007 to September 8, 2009. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ~~.~Ihv Stephanie M. Moon, CMC City Clerk Enclosure pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board Jonathan E. Craft, Deputy City Clerk Cecelia R. Webb, Assistant Deputy 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: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk September 8, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This' is to advise that Dale Anthony Edmonston has tendered his resignation as a member of the Human Services Advisory Board, effective immediately. \ Sincerely, ~m. tnO&1V Stephanie M. Moon, CMcl City Clerk L:\CLERK\DAT A \CKSM I \Agenda.09\Resignation of Dale A. Edmondson.doc ~~ ROANOKE RETIREMENT ADMINISTRATION Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 461 Roanoke, Virginia 24011 540.853.2062 fax: 540.853.6142 September 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Attached for your review is a summary of the Roanoke Pension Plan Board of Trustees' activities for the time period July 1, 2008 through June 30, 2009. The written minutes of each Board of Trustees meeting are located in the City of Roanoke Retirement Office. On behalf of the appointed members of the Board of Trustees, we would like to thank City Council for the opportunity to be of service to our City. Sincerely, c=P~c~ David C. Key Chairman Attachment c: Stephanie M. Moon, City Clerk Board of Trustees, City of Roanoke Pension Plan Annual Report City of Roanoke Pension Plan Board of Trustees June 30, 2009 There were four meetings scheduled during the above referenced time period. July 9, 2008 Meeting Members present: Theodore W. Adkins Darlene L. Burcham Carolyn H. Glover Michael W. Hanks David C. Key J. Greg Reed Ann H. Shawver George F. Taylor Members absent: Mayor David A. Bowers The Board approved: . 2 retirements from Employees' Retirement System (ERS); . 19 retirements from Employees' Supplemental Retirement System (ESRS); and . 2 non-occupational disabilities from ESRS. The Board denied: . 2 non-occupational disabilities from ESRS. Becker, Burke Associates, Incorporated's March 31, 2008 quarterly investment update was presented by Mr. Key. It was also reported that an attorney has been hired by the Pension Plan to review an infrastructure funds contract. If approved, the Pension Plan will invest 2-3% of the entire portfolio in an Infrastructure Funds limited partnership. October 8, 2008 Meeting Members present: Theodore W. Adkins Mayor David A. Bowers Darlene L. Burcham Carolyn H. Glover Michael W. Hanks David C. Key J. Greg Reed Ann H. Shawver George F. Taylor Annual Report - City of Roanoke Pension Plan Pag e 3 April 8, 2009 Meeting Members present: Theodore W. Adkins Darlene L. Burcham Carolyn H. Glover Michael W. Hanks David C. Key J. Greg Reed Ann H. Shawver George F. Taylor Members absent: Mayor David A. Bowers The Board approved: . 3 retirements from ERS; . 14 retirements from ESRS; and . 1 non-occupational disability from ESRS. The Board recognized the deaths of 3 retirees and updated the payees to their spousal beneficiaries. Becker, Burke Associates, Incorporated's quarterly investment update as of December 31, 2008, was presented by Mr. Key. The formal Administrative Procedure for the computation of the cost to purchase eligible service credit was distributed for review. After discussion, the motion to adopt as written was duly made and the procedure was approved. STEPHANIE M. MOON, CMC 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 September 11, 2009 Sheila S. Umberger, Secretary Roanoke Public library Board Roanoke, Virginia Dear Ms. Umberger: JONATHAN E. CRAFT Assistant Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Marlene M. Preston has qualified as a member of the Roanoke Public library Board, for a term of three years ending June 30, 2012. Sincerely, ~~'M,~ Stephanie M. Moon, CMC City Clerk pc: Jonathan E. Craft, Deputy City Clerk Cecelia R. Webb, Assistant Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Marlene M. Preston, 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 member of the Roanoke Public Library Board for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). I~~ ~ 9,l-h~ Subscribed and sworn to before me thisl~ay Of~ 2009. BRENDA S. HAMil T~E CIRCUIT COURT BY~ "~ !.:'{'I.ERK'[)A,A,c'KEW I 'oath and Icaving 'crvicc,roa public library lx1ard\Marlcnc M. Prcston .Iune 30, 2012 oath.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 STEPHANIE M. MOON, CMC City Clerk September 11, 2009 July 7, 2009 Keli M. Greer, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Ms. Greer: JONATHAN E. CRAFT Assistant Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that The Reverend William l. lee has qualified as a member of the Personnel and Employment Practices Commission for a three-year term ending June 30, 2012. Sincerely, ~ 'm. 'rY)~ Stephanie M. Moon, C~C City Clerk pc: Jonathan E. Craft, Deputy City Clerk Cecelia R. Webb, Assistant Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William L. Lee, 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 member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). ~ ,~ ~, Subscribed and sworn to before me this ~ay of ~09. BRENDA S. HAMILT~ OFT~E CIRCUIT COURT By;j;}~ ~ ,~6 K:\oath and leaving service\personnel and employment practices commission\The Reverend William Lee oath June 30 2012.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254] Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 11, 2009 Teresa I. McDaniel, Secretary Human Services Advisory Board Roanoke, Virginia Dear Ms. McDaniel: This is to advise you that LaJuafl Thomas has qualified as a member of the Human Services Advisory Board for a term ending November 30, 2012. Sincerely, ~"m.~ Stephanie M. Moon, CMC City Clerk pc: Jonathan E. Craft, Deputy City Clerk Cecelia R. Webb, Assistant Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, LaJuan Thomas, 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 member of the Human Services Advisory Board, fora term ending November 30,2012, according to the best of my ability (So help me God). ~G.~ Subscribed and sworn to before me this !l!f:y of ~ ~09. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~6' c/~i <2/!., CLERK L:ICLERKIDAT A ICKEWI loath and leaving serviceIHwnan Services Advisory BoardlLaluan ThOlnas appointment.doc STEPHANIEM. MOON, CMC 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: c1erk@roanokeva.gov September 9, 2009 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: JONATHAN E. CRAFf Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching a certified copy of Resolution No. 38582-090809 authorizing issuance of $13,945,000.00, principal amount of general obligations of the City of Roanoke, Virginia, in the form of General Obligations Public Improvement Bonds of such City, for the purpose of providing funds to pay the costs of acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects 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. Pursuant to provisions of Section 12 of Resolution No. 38582-090809, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607, Code of Virginia, 1950, as amended. The Honorable Brenda S. Hamilton September 9,2009 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, September 8, 2009. Sincerely, ~'m.~~ Stephanie M. Moon, CMC City Clerk Attachment pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, 67 Wall Street, 11th Floor, New York, New York 10005 Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer Steven Buschor, Director, Parks and Recreation '-- ,. .~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA RESOLUTION NO. ~:;;'38582 -090809 A RESOLUTION AUTHORIZING THE ISSUANCE OF THIRTEEN MILLION NINE HUNDRED FORTY-FIVE THOUSAND DOLLARS ($13,945,000) 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 EQUIPPING OF VARIOUS PUBLIC IMPROVEMENT PROJECTS 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; I 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$13,945,000 principal amount of general obligations ofthe City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose ofproviding funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects 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 0 f the issuance 0 f such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY , OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 ofTit1e 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 various public improvement projects of and for the City set forth in Section 7, the City is authorized to contract a debt and to issue $13,945,000 principal amount of general obligation bonds of the City to be designated and 567551.1 032173 RES known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (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 ofa given series shall be numbered from No. R-l 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 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section lea)); 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 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred sixty (360) day year comprised oftwelve (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 ofa 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 such 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, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 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, 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 thereofto 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 ofthe accrued interest payable upon such redemption shall have been 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 are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York - 2 - 567551.1 032173 RES ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. 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 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 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 ofthe Mayor and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized 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 ofwhich such Bonds are 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 Bond is one, (ii) if a Bond is authenticated upon an mterest 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 9 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 maruier set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereofis legal tender for public ,and private debts. The principal of the Bonds shall be payable. upon presentation and surrender hereof at the office of the Registrar. Interest on the Bonds shall - 3 - 567551.1 032173 RES 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 ofDTC, or in the name of such other nominee ofDTC 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 cancellation, 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 0 f 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 immobilized 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 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 and interest payments to DTC participants will be -4- 567551.1 032173 RES 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 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 ofthe 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 the Bonds in accordance with the tenns of its bid. All expenses in connection with the assignment and printing ofCUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser ofthe Bonds. (b) A copy 0 f the fmallegal 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. (a) To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees that it shall comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 (the "1986 Code") and the applicable Treasury Regulations promulgated under such Sections 103 and 141-150 so long as any such Bonds are outstanding. (b) In the event the City shall determine to issue all or a portion of the Bonds as taxable "Build America Bonds", the City Manager is hereby authorized to irrevocably elect to have Section 54AA of the 1986 Code apply to such Bonds and the City Manager, the Director of Finance and other City officials are hereby authorized to take all such actions as shall be necessary in order for such Bonds to meet the requirements of the Section 54AA of the 1986 Code and the applicable Treasury Regulations promulgated thereunder. (c) In the event the City shall determine to issue all or a portion of the Bonds as "bank qualified bonds" under Section 265(b)(3) of the 1986 Code, the City Manager is hereby - 5 - 567551.1 032173 RES authorized to designate such Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the 1986 Code. SECTION 7. The proceeds of the sale of the Bonds shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements $ 2,500,000 1,455,000 6,740,000 1,200,000 1,050,000 LOOO.OOO $13,945,000 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any ofthe other projects so set forth. SECTION 8. (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 financial journal published in the City of New York, New York, and to prepare or cause to be prepared ~d 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 bidding. 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 B(mds 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 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 to the City with respect to the Bonds of any series exceed six percent (6.00%) (provided, however, that in calculating the true interest cost to the City for any series of Build America Bonds the City may take into account any interest rate subsidy payable to the City by the United States). 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 fmancial advisor; provided, - 6 - 567551.1 032173 RES 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 pr9mulgated 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 0 f the Bonds are hereby ratified and confirmed. SECTION 9. 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 10. 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.. 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 - 7 - 567551.1 032173 RES to purchase the Notes of each series at t4e lowest true interest cost to the City; provided, however, in no event shall the true interest cost to the City 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, however, 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 8. 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, Article 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 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years 0 f the date 0 f issuance 0 fthe first Notes issued in anticipation 0 f such Bonds. SECTI ON 11. 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 ofthe 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 12. 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 13. All ordinances, resolutions and proceedings in conflict herewith. are, to the extent of such conflict, repealed. ATTEST: --1-1-. /1.. ' : ' I~M. rYloo-.v City Clerk -C, - 8 - 567551.1 032173 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 hereofto 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 ("DTC"), 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 DTe by wire transfer. Interest on this Bond shall be calculated on the basis of a A-I 567551.1 032173 RES three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable upon presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of , . Principal of 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 oflike 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 various public improvement projects 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 ofthe 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 1, 20_ are subject to redemption at the option of the City prior to their stated maturities, on or after 1, 20_, 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 a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereo f. The Bonds ofthe issue ofwhich this Bond is one maturing on _ _, _ are subject to mandatory sinking fund redemption on _ _, _ and on _ of each year . ,thereafter and to payment at maturity on _ ~, _ in the principal amounts in each year set forth below, in the case ofredemption with the particular Bond or Bonds maturing on __, _or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds maturing on _, _ to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof Year Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _, _which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. A-2 567551.1 032173 RES 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, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange forthe principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount 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. Ifnotice 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 amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redempti0n 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 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 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 time, 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 A-.3 567551.1 032173 RES limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter ofthe City. IN WITNESS WHEREOF; the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; 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. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Bond IS one of the Bonds delivered pursuant to .the within-mentioned proceedings. r 1, as Registrar By: Authorized Signatory Date of Authentication: A-4 567551.1 032173 RES ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(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 appointing , 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 whatsoever. A-5 567551.1 032173 RES 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 September 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Authorization of Bond Issuance and Appropriation of Funds for Capital Projects Background: On July 20, 2009, City Council approved the Capital Improvement Program (CIP) Update for FY 2010-2014 and, subsequently, amended the update on August 3, 2009. The CIP includes planned bond issuance in FY 2010 in the amount of $13,945,000 for the following projects: . Roanoke River Flood Reduction - $1.455,000 To provide for the local share of project costs for the Roanoke River Flood Reduction project. . Parks and Recreation Master Plan - $6.740,000 To provide for demolition of the National Guard Armory and priority Parks and Recreation Master Plan projects. · Elmwood Park Amphitheater - $1,200,000 To provide for architectural engineering and design of the proposed amphitheater at Elmwood Park. . Bridge Repair/Renovation - $1.050.000 To provide for renovation and repair of the Melrose Avenue over Peters Creek Road and 9th Street, SE over Roanoke River bridge structures. · Curb, Gutter. Sidewalks - $1,000,000 To provide for prioritized curb, gutter and sidewalk projects. Honorable Mayor and Members of City Council September 8, 2009 Page 2 . School Roof Repair/Replacement - $2,500,000 To provide for repair and replacement of roofs at prioritized school buildings. Considerations: City Council authorization is required for the isrsuance of bonds to provide for the previously identified projects. Recommended Action: Hold a public hearing at Council's regular 2:00 p.m. meeting on September 8, 2009 on the issuance of general obligation public improvement bonds. Following the public hearing, adopt the accompanying resolution authorizing the issuance of bonds in the amount of $13,945,000 for the projects previously referenced. This resolution shall include language declaring the City's intent to reimburse itself from the proceeds of these bonds. \ Adopt the accompanying budget ordinance to appropriate, in advance of issuance, $5,845,000 of Series 2010 bond funding to the specified project accounts outlined below. Appropriation of the funding for School Roof projects is also anticipated to occur in advance of issuance. This will be recommended to City Council following action by the Roanoke School Board to identify the projects to receive FY 2010 bond funding. . Roanoke River Flood Reduction - $1,455,000 . Demolition of National Guard Armory - $350,000 . Park Improvements - $790,000 - Rivers Edge Restroom - $132,600 - Huff Lane Park Restroom/Picnic Shelter - $243,400 - Fishburn Park Restroom/Picnic Shelter - $312,600 - Rivers Edge Park Athletic Field Irrigation Upgrades - $41,400 . - Highland Park Paving - $60,000 . Bridge Repair/Renovation - $1,050,000 - Melrose Avenue Over Peters Creek Road Bridge - $400,000 - Ninth Street SE Over Roanoke River Bridge - $650,000 . Curb, Gutter, Sidewalk Improvements (Phase 7) -.$1,000,000 . Elmwood Park Amphitheater - $1,200,000 \ . Darlene L. Bu cham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget j-'-.f-\ .{ CM09-00 1 57 (i \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE to appropriate funding to be provided by the Series 2010 Bonds to the Roanoke River Flood Reduction, Parks and 'Recreation Master Plan, Elmwood Park Amphitheater, Bridge Renovation, and Curb, Gutter and Sidewalk projects, amending and reordaining certain sections of the 2009-2010 Capital Projects and Amphitheater Funds Appropriations and adding a certain section to such Appropriation~ahd-tiispen8ing 'with the Se'OOlIJ reading by titlp- of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Capital Projects and Amphitheater Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Capital Proiects Fund Appropriations Roanoke River Flood Reduction Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Demolition of National Guard Armory Curb, Gutter, Sidewalk FY10 Melrose Avenue Bridge over Peters Creek Road Ninth Street SE Bridge over Roanoke River Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Rivers Edge Park Restroom Huff Lane Park Restrooms/Picnic Shelter 08-510-9527 -9327 08-510-9620-9302 08-530-9522-9302 08-530-9524-9302 08-530-9525-9302 08-530-9526-9323 08-530-9526-9324 08-530-9526-9325 08-530-9526-9626 08-530-9791-9302 08-620-9113-9302 08-620-9114-9302 08-620-9115-9302 08-620-9116-9302 08-620-9117 -9302 08-620-9702-9317 08-620-9702-9318 $ (1,455,000) 1,455,000 350,000 400,000 650,000 ( 350,000) (1,000,000) ( 400,000) ( 650,000) 1,000,000 132,600 243,400 312,600 41 ,400 60,000 ( 132,600) ( 243,400) Fishburn Park Restrooms/Picnic Shelter Rivers Edge Park Athletic Field Irrigation Upgrades Park Paving Projects 08-620-9702-9319 ( 312,600) ( ( 41,400) 60,000) 08-620-9702-9320 08-620-9702-9321 Amphitheater Fund Appropriations Appropriated from 2010 Bond Funds Elmwood Park Amphitheater 11-530-9118-9302. 11-530-9528-9322 1,200,000 (1,200,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ools 000 Roanoke River Flood Reduction Proiect 1,455,000 Parks and Recreation 6,740,000 Amohitheater \ \ " , III " III ~~2b~i~'~~i~l!eS i ..,,\~"f A LA y, "" 1,050,000. ....' _,\.I .....,'. ~~ ""... Curbs. Gutter and Sidewalk ... ~"\". . 7. ... Imorovements ~ rJ:l ,"NOTARY ". ~ -:. 1,000,000 :: Q;j ... PUBLIC ". ~ $13,945,000 .. * The members of the public = .:' REG. #7090930:. = are invited to attend the * ON public hearing 'and to = : MY COMMISS\ : "<I;' = appear and present their ~ '. ~P1RE.S \: ~ .. views on the proposed -; ~ .... 11 .~-j... G...~ resolution. ,_ ~~_ . .~. _ _..' ....9-'... If you are a person with a - -...". .\~' disability who needs '...... VA' ....,.. ~ ~ ,,'" accommodations for this ",;,V W'EAL1'r\ \JI"'" public hearing, please: ""111' \ \ \ contact the City Clerk's: TOTAL COST: 648. 96 ~ff~~eat(540)853-2541,1 F I LED ON: 09/01/09 I 2rlO9.ursday, September 3,1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+-pr~~;s:~~~;':;~:iO~fi;~~lr - - - - - - - - - -- file in the office of the,pity The Roanoke Times Roanoke, Virginia Affidavit of publication The Times Roanoke --------------------------------------------------+ DEPARTMENT ROOM 461 215 CHURCH ROANOKE VA OF FINANCE AVENUE, 24011 W REFERENCE: 80163338 11592857 Issuance NPH-QZAB State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ___~~Iday of August 2009. Witness my hand and official seal. __~Ck Notary Public PUBLISHED ON: 08/25 09/01 Authorized ~~ ,~ Signature:_~/lY__ NOTICE OF PUBLIC . HEARING NOTICE IS HERE8Y GIVEN, pur sua n t to See t ion, 15.2-2606.A of the Code of Virginia, 1950,' that the" Council of IheCity of Roanoke, Virginia (the "City"), will hold a pUblic hearing on Tuesday, September 8, 2009, at 2:00 P.M., local time, in the Council Chamber, Noel C. Taylor Municipal 8uilding,' 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'suchl bonds to is'sue general ? b I i gat ion pub I i.c I Improvement bond: anticipation notes of the City) in the principal amount of $13,945,000 for the purpose of providing funds to pay the costs of the .acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, 'rehabilitation and repair of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for the City.for the purposes and in the amounts set forth below; , provided that, if any purpose set forth below shall require less than the entire respective a'mount so set forth, the difference may be applied tOI.any of the other purposeslso set forth: ii- Puroose . "'-<1 IC I e rk, No e I C. Tay lor \Municipal 8uilding, Rooml' i456, 215 Church Avenue, IS.W., Roanoke, Virginia 24011. I !Oated: August 25, 2009 STEPHANIE M. MOON City ClerK I City of Roanoke, Virginia :(11592857) J 1:-" '-,", :~ " r' \"1" ;lI;:t ^ " ,.0;:"'0, '::0 Cr:l I n-I '1::1 .:s::- r".J ~ ;~ ('~I CO Billi~g Services Representative "- -# NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, that the Council ofthe City of Roanoke, Virginia (the "City"), will hold a public hearing on Tuesday, September 8, 2009, at 2:00 P.M., local time, 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 $13,945,000 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements $ 2,500,000 1,455,000 6,740,000 1,200,000 1,050,000 1.000,000 $13,945,000 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, September 3, 2009. 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: August 25,2009 STEPHANIE M. MOON City Clerk City of Roanoke, Virginia [TO BE PUBLISHED ON TUE~PAY-, AVql.!~T }5,2009, AND TUESDAY, SEPTEMBER t~:200'91)t:;:.,,! : 566401.4032173 NTC Notice to Publisher: Publish in the Roanoke Times on Tuesday, August 25,2009, and Tuesday, September 1,2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Ann H. Shawver Director of Finance 215 Church Avenue, S.W., Room 461 Roanoke, Virginia 24011 (540) 853-2821 Fax: (540) 853-2940 2 566401.4032173 NTC CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254] Fax: (540) 853- II 45 E-mail: cIerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 9, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38584-090809 accepting of the Virginia Department of Motor Vehicles Traffic Safety Grant, in the amount of 0 $47,399.00, for a period beginning October 1, 2009, through September 30, 2010, to be designated for overtime and related employer payroll taxes associated with conducting selective enforcement activities, which requires a $9,480.00 in-kind match by the City; and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 8, 2009. Sincerely, ~ '1Y\.~ Stephanie M. Moon, CMC City Clerk pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget A. l. Gaskins, Chief of Police r CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk September 9, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38585-090809 appropriating funding from the U.' S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a multi- purpose highway safety grant (Driving Under the Influence, Aggressive Driver, and Motor Vehicle Occupant Protection); and amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 8, 2009; and is in full force and effect upon its passage. Sincerely, A~m,we Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police (f '\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 2009. No. 38585-090809. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a multi-purpose highway safety grant (Driving Under the Influence, Aggressive Driver, and Motor Vehicle Occupant Protection), amending and reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Expendable Equipment Training and Development Revenues DMV Multi-purpose Grant FY10 35-640-3443-1003 35-640-3443-1120 35-640-3443-2035 35-640-3443-2044 $ 32,272 2,468 12,159 500 35-640-3443-3443 47,399 ) 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. ," ~~ "'rY)'. 6 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 September 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: DMV Grants Background: The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass through funds provided by the United States Department of Transportation for highway safety projects in Virginia. DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The Roanoke Police Department has been awarded grant funding in the amount of $47,399. The funding is designated for overtime and related employer payroll taxes associated with conducting selective enforcement activities which target motor vehicle occupant safety and driving under the influence violations. Additionally the funding will support traffic safety related equipment purchases and training. The grant period is from October 1, 2009, through September 30,2010. The grant requires a $9,480 in-kind match that will be satisfied through the department's expenditure on motor fuel. There is a statistical correlation between levels of motor vehicle law enforcement and traffic accidents in the City of Roanoke. Increased patrols, funded by these grants, are an effective strategy to reduce Honorable Mayor and Members of City Council September 8, 2009 Page 2 accidents and prevent injuries. These programs will allow officers to concentrate on alcohol impaired and aggressive drivers at times. when such violations are most likely to occur. Recommended Action: Accept the Department of Motor Vehicle Traffic Safety Grant. Authorize the City Manager to execute the grant agreements and any related documents, subject to them being approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $47,399 and appropriate the same to the accounts to be established in the Grant Fund by the Director of Finance. Overtime FICA Expendable Equipment Training and Development $32,272 2,468 12,159 500 Total $47,399 Respectfully submitted, Darlene L. Bur City Manager DLB:gws c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM09-00 1 55 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk September 9, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38586-090809 authorizing acceptance from the United States Marshals Service the donation of two new 2010 Dodge Charger unmarked patrol vehicles, valued at $23,100.00, each, and two new 2010 Ford Crown Victoria unmarked patrol vehicles, valued at $24,500.00, each, making a total donation of vehicles, in the amount of $95,200.00, with no matching funds required, for use by the Roanoke City Police Department Warrant Service Unit; and authorizing execution of any and all necessary documents to accept the funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 8, 2009. /' Sincerely, ~M.~oo.v Stephanie M. Moon, CMC City Clerk pc: William M.' Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police c:;z:b IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 2009. No. 38586-090809. A RESOLUTION authorizing acceptance of a donation ofvehicles awarded to the Roanoke City Police Department by the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf ofthe City to accept from the United States Marshals Service the donation oftwo new 2010 Dodge Charger unmarked patrol vehicles, valued at $23,100 each, and two new 201 0 Ford Crown Victoria unmarked patrol vehicles, valued at $24,500 each, making a total donation of vehicles in the amount of$95,200, with no matching funds required, to the Roanoke City Police Department to be used by the Warrant Service Unit. This donation is more particularly described in the letter ofthe City Manager to Council dated September 8, 2009. 2. The City Manager is hereby authorized to execute and :file, on behalf of the City, any documents required to accept such donations. All documents to be executed on behalf ofthe City shall be approved as to form by the City Attorney. ATTEST: ~fn' h!b~ City C1er1.c . . "- K:\ Tim\measures\R -u.s.marshalsfunding.donation of vehicles.9-08-09.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 September 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: United States Marshals Service Donation Background: The United States Marshals Service regularly supports local efforts to apprehend fugitives from justice. One such program provides local funding or equipment for travel and training or apparatus used for the capture of wanted criminals. This program requires local officers to be sworn members of the U.S. Marshals Service District Fugitive Task Force. All six members of the Roanoke Police Department Warrant Service Unit meet this requirement. Considerations: On August 31, 2009, the United States Marshals Service arranged to donate two new 2010 Dodge Charger unmarked patrol vehicles with a value of $23,100 each and two new 2010 Ford Crown Victoria unmarked patrol vehicles with a value of $24,500 each. The total value of the donated vehicles is $95,200. There is no matching funds requirement. The new vehicles will be used by the Warrant Service Unit in its efforts to arrest fugitives. \ Honorable Mayor and Members of City Council September 8, 2009 Page 2 Recommended Action: Accept the donated equipment described above and authorize the City Manager to execute any grant agreement or related documents, in such form as is approved by the City Attorney. Respectfully submitted, ~ Darlene L. Burc City Manager DLB:mal c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM09-00158 (, 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: cIerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 9, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38587-090809 amending and reordaining Section 14.1-1, Definitions, Section 14.1-5, General container requirements, Section 14.1-17, Placements of brush. bulk brush. lawn rakings and loose leaves for collection by the city, Section 14.-21, Certain solid waste not to be collected-Generally, and Section 14.1-23, Placement and collection of bulk items. brush and loose leaves, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, in connection with loose leaf collection in the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 8, 2009; and is in full force and effect upon its passage. Sincerely, ~M.~ Stephanie M. Moon, CMC City Clerk Attachment Darlene L. Burcham September 9, 2009 Page 2 pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 (electronic version) \ The Honorable Brenda S. Hamilton, Clerk of 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 William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance lora A. Wilson, law librarian Cecelia T. Webb, Assistant Deputy City Clerk Robert K. Bengtson, Director, Public Works Mark D. Jamison, P.E., PTOE, Transportation Division Manager Frank W.(Skip) Decker, III, Solid Waste Manager 0~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 2009. /" No. 38587-090809. AN ORDINANCE amending and reordaining Section 14.1-1, Definitions, Section 14.1- 15, General container requirements, Section 14.1-17, Placement of brush, bulk brush, lawn rakings and loose leaves for collection by the city, Section 14.1-21, Certain solid waste not to be collected-Generally, and Section 14.1-23, Placement and collection of bulk items, brush and. loose leaves, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; 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. Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1-1. Definitions. *** Bagged leaves shall mean leafy yard debris consisting of leaves resulting from ordinary yard maintenance contained inside a plastic or paper bag. *** Leaf season shall mean the period of time during which bagged leaf collection is scheduled as determined by the City Manager.frem November 1 until December 31 of any calendar year. *** Solid waste shall mean refuse, brush, lawn rakings, bagged leaves, loose leaves, recyc1ables and bulk items. .) * * * O-Amending Section 14.1-Leaf Collection.doc 1 Sec. 14.1-15. General containerrequirements. (a) Except in the central business district, any owner or occupant of any dwelling unit, business, commercial establishment, institution, or other location who sets out any refuse, including lawn rakings and loose leaves, for collection by the city shall place the same in an automated collection container, except as provided for in section 11.1 17 for loose leaves during leaf season and as provided for in section 14.1-23 of this article for bulk items and bagged leaves. * * * Sec. 14.1-17. Placement of brush, bulk brush, lawn rakings and bagged teese leaves for collection by the city. * * * (b) Bulk items. All bulk items shall be placed at the curb for collection pursuant to section 14.1-16, or in an automated container. A plastic or paper bag containing only leaves shall not be considered a bulk item during leaf season. * * * (d) Bagged bee5e leaves. Leaves gathered for disposal During leaf season, all loose leaves not placed in an automated collection container must be separated from all brush and la'vTlll rakings and must either be raked as close as possible to the curb or edge of asphalt v.rithout altering stormwater drainage flo'.'l, or impeding sidev/alk access, traffic flow, or on street parking; or placed in a plastic garbage bag of at least thirteen gallon capacity which must be secured against spillage.. Vlhen not during leaf season, all loose leaves shall be placed in either an automated collection container or placed in a plastic or paper garbage bag of at least thirteen-gallon capacity which must be secured against spillage. * * * Sec. 14.1-21. Certain solid waste not to be collected--Generally. (a) Acids, asphalt, automobile parts, brick, caustics, concrete, dead ) animals, earth, explosives or other dangerous materials, fire-damaged . items, grease from non-residential establishments, hazardous waste, heavy metal, loose leaves, manure, plate or large broken glass, poisons, rock, rubbish from construction, remodeling, razing and repair operations on houses, commercial buildings and other structures, sheet rock, stone, O-Amending Section 14.1-Leaf Collection.doc 2 stumps, topsoil or trees shall not be placed out for collection by and shall not be removed by the city, and in no circumstances shall hazardous waste be put out for collection by any person. Manure, topsoil, earth, stone, rock, brick, concrete, asphalt, heayy metal, sheet rock, plate or large broken glass, automobile parts, dead animals, grease from non residential establishments, poisons, caustics, acids,. hazardous waste, trees, stumps, explosives, or other dangerous materials, or rubbish from construction, remodeling, razing and repair operations on houses, commercial buildings and other structures, or fire damaged items shall not be placed out for collection by and shall not be removed by the city, and in no circumstances shall hazardous \vaste be put out for collection by any person. . * * * Sec. 14.1-23. Placement and collection of bulk items, brush and bagged leese leaves. (a) The city will provide bulk item, brush, and bagged leaf collection for the owner or occupant of any dwelling unit or multifamily dwellings who uses an automated collection container provided by the city. Such owner or occupant shall place bulk items, bagged leaves or brush as close as possible to the curb, and if there is no curb, as close as possible to the street, or in an automated collection container. During leaf season only, loose leaves may be placed as close as possible to the curb or edge of asphalt, so long as they do not alter ,stormvlater drainage ftO':I, or impede sidewalk access, traffic fto's, or on street parking. Such placement shall be made no earlier than 7:00 p.m. of the day (or se?en (7) days regarding loose leaf collection) prior to the scheduled date of collection and no later than 7:00 a.m. of the day scheduled for collection. No collection of bulk items, brush or bagged leese leaves will be made from any alley. All woody or leafy yard waste must be stacked in a pile that is no greater than four (4) feet wide, four (4) feet long, and four (4) feet high. No single . branch placed for collection can be greater than four (4) feet in length or three (3) inches in diameter. (b) Every owner or occupant utilizing the brush, bagged leaves and bulk item collection service shall take adequate precautions to secure all such any bulk items in such a manner as to ensure the safety of the public. All doors on a refrigerator or freezer shall be removed, and all brush and contents of bagged leaves shall be secured so as to prevent being blown and scattered by wind. (c) No more than six (6) bulk items may be collected and removed at any one time. In addition, no more than one (1) pick-up truck load of brush may be collected and removed at anyone time.. Bagged beese leaves r O-Amending Section 14.1-LeafCollection.doc 3 placed contained in a plastic bug left out for collection by the city during leaf season shall not be considered bulk items. The allowable number of plastic and paper bags collected during leaf season shall be determined by the City Manager. * * * 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: A~~'ht.1'Y\~ City Clerk ~ O-Amending Section 14.1-Leaf Collection.doc 4 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 September 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Leaf Collection Background: Funding in the amount of $248,000 that supported loose leaf collection was removed from the City's fiscal year 2010 operating budget as part of the overall budget balancing effort. The Department of Public Works is taking steps to prepare the community for changes in the way leaves can be managed this coming Fall. Steps include education and publicity for alternative means of leaf disposal, details of a bagged leaf program, related enforcement issues and revisions to the City Code that result from the elimination of loose leaf collection. Residents will be able to place up to 25 plastic bags of leaves or an unlimited number of biodegradable paper bags of leaves at the street for collection by City crews on alternating weeks from November 16 through December 18. Bulk item collection will not occur during the alternating weeks when bagged leaf collection occurs. Upon identification by City inspectors, residents who place loose leaves at the street for collection and who fail to remove such loose leaves within 24 hours of being notified, pursuant to the provisions of See. 14.1-3 of the City Code, will be subject to the cost of removal plus a $100 administrative fee. Honorable Mayor and Members of City Council September 8, 2009 Page 2 Recommended Action: Amend Chapter 14.1, Solid Waste Management, of the City Code to require that all leaves collected by citizens for removal and disposal by the City must be placed in either an automated collection container or plastic bags or recyclable paper bags which are secured against spillage; that such bagged leaves will be removed by the City during leaf season; and that the number of bags to be removed by the City and the duration of leaf season shall be determined by the City Manager. Respectfully submitted, Darlene L. Bur City Manager DLB/ c: Stephanie M. Moon, City Clerk William M,. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., PTOE, Transportation Division Manager Frank W. (Skip) Decker III, Solid Waste Manager CM09-00156 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 JONATHAN E. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 9, 2009 Darlene L. Burcham City Manager Roanoke, Virginia ,/ Dear Ms. Burcham: I am attaching copy of Ordinance No. 38588-090809 approving a requested time extension and authorizing the proper City officials to execute an Amendment. No. 1 to a Performance Agreement dated September 20, 2007, among the City of Roanoke, the Economic Development Authority of the City of Roanoke, Virginia, and the Roanoke Hotel Group, LLC (RHG), which Amendment will provide for a time extension concerning certain obligations of RHG under such Performance Agreement; and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No.1 to the Performance' Agreement and of the Performance Agreement itself. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 8, 2009; and is in full force and effect upon its passage. Sincerely, !~m.~~ Stephanie M. Moon, CMC City Clerk Attachment Darlene L. Burcham September 9, 2009 Page 2 pc: Charles E. Hunter, III, Chair, Economic Development Authority, c/o Mid-Atlantic Securities, Inc., P. O. Box 18087,2217 Crystal Spring Avenue, S. W., Roanoke 24014 Harwell (Sam) M. Darby, Jr., Secretary, Economic Development Authority, 37 Campbell Avenue, S. W., Roanoke 24016 William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget / p:(' IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 2009. No. 38588-090809. AN ORDINANCE approvmg a requested time extension and authorizing the . proper City officials to execute an Amendment No.1 to a Performance Agreement dated September 20, 2007, among the City of Roanoke, (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and the Roanoke Hotel Group, LLC, (REG), which Amendment will provide for a time extension concerning certain obligations of REG under such Performance Agreement; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. 1 to the Performance Agreement and of the Performance Agreement itself; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City, the EDA, and REG entered into a Performance Agreement dated September 20, 2007, (Performance Agreement); concerning REG's proposed development of certain property mentioned therein, the construction of a Cambria Suites hotel as mentioned therein, and which was subject to certain terms and conditions contained in such Performance Agreement; and WHEREAS, REG has requested a time extension for completion of some of REG's obligations under such Performance Agreement, and City staff recommends granting such request. After approval by the City, the Amendment No.1 will be sent to the EDA for its action and execution. O-Amendment 1 to RHG P A.doc 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves RHG's requested time extension for completion of some of RHG's obligations under the Performance Agreement, namely those items relating to Subsections 2(B) and 2(C), as set forth in the City Manager's letter to Council dated September 8,2009, and the draft Amendment No.1 attached thereto. 2. The City Manager is authorized on behalf of the City to execute an Amendment No.1 to the Performance Agreement, providing for a certain time extension for RHG to complete some of RHG's obligations thereunder, upon certain terms and conditions as set forth in the above mentioned City Manager's letter. Such Amendment will 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, administration, and enforcement of such Amendment No. 1 to the Performance Agreement and of the Performance Agreement itself. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. ATTEST: ~lY).~ City Clerk. O-Amendment 1 to RHO 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 September 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment No.1 to Performance Agreement with Roanoke Hotel Group, LLC Background: The City, Roanoke Hotel Group, LLC (RHG), and the Economic Development Authority of the City of Roanoke, Virginia (EDA), entered into a Performance Agreement dated September 20, 2007, regarding the development of a Cambria Suites hotel on certain property located along Reserve Avenue, S.W. (tax map no. 1032210). The Agreement requires RHG to develop and have opened for business a Cambria Suites hotel of not less than 127 rooms with structured ground floor parking and other site amenities (Facility) within 24 months of the date of the Agreement (by September 20, 2009). It also requires RHG to have spent or caused to have been spent at least $14.4 million on the development of the Facility within the same 24 month period. After the hotel opens, RHG can make up to six (6) annual grant requests to the EDA for cumulative funding not to exceed $1 million. In order for RHG to request a grant, the tax revenues for real estate taxes and transient occupancy taxes received by the City from the property or the hotel must exceed $275,000 for the preceding grant year. If so, then RHG may make a grant request to the EDA for an amount equal to up to 50% of the amount of such revenue received during the preceding grant year, subject to certain other provisions in the Agreement. Considerations: Due to time delays resulting from the need to restructure the financing related to the original construction lender which coincided with the overall national downturn in the financial/lending markets, and subsequent contractual issues with the project's general contractor, the project will not be opened for business within the Honorable Mayor and Members of City Council September 8, 2009 ( Page 2 Agreement's original timeframe. As recently indicated by RHG in a . letter to the City and the EDA, a new financing structure is in place, and a new general contractor, has been retained and has obtained all necessary permits to continue work on the project, which is approximately 60% complete. RHG has requested a six month time extension be granted to have the Cambria Suites hotel open for business and t<;> make the required expenditures mentioned above (by March 20, 2010). All of the other terms and conditions contained in the original September 20, 2007, Agreement would remain in effect. The EDA is scheduled to consider this amendment at its September 16, 2009 meeting. This extension would not impact the FY 2010 budget. Neither revenues nor grant expenditures were contemplated in the adoption of the budget, therefore no adjustment is necessary. Recommended Action: Approve RHG's requested six month time extension set forth in the Draft Amendment No.1 to the Performance Agreement as set forth in the attachment to this letter. Authorize the City Manager to execute an Amendment No. 1 to the Performance Agreement, among the City, RHG, and the EDA, in a form substantially similar to the one attached, with the form of such Amendment No. 1 to be approved by the City Attorney. Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Amendment No. 1 to the Performance Agreement. Respectfully submitted, Darlene L. Bu cham City Manager DLB:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Charles E. Hunter, III, Chair, EDA Harwell (Sam) M. Darby, Jr., Counsel for the EDA Ryan Eller, Manager, Roanoke Hotel Group, LLC David I. Tenzer, Counsel for Roanoke Hotel Group, LLC CM09-00 1 54 DRAFT - 8/24/09 AMENDMENT NO.1 TO PERFORMANCE AGREEMENT This is Amendment No.1 to a certain Performance Agreement dated September 20,2007, by and among the City of Romioke, Virginia, a municipal corporation (City), Roanoke Hotel Group, LLC, a Virginia Limited Liability Company (RHG), 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 (EDA). This Amendment No.1 is dated ,2009. WITNESSETH: WHEREAS, the City, RHG, and the EDA entered into a certain Performance Agreement dated September 20, 2007, (Performance Agreement) concerning RHG's proposed development of certain property mentioned therein, the construction of a Cambria Suites hotel as mentioned therein, and which was subject to certain terms and conditions contained in such Perfoqnance Agreement; and WHEREAS, due to time delays resulting from the need to restructure the financing and subsequent contractual issues with the Project's general contractor, RHG has requested a six month time extension for completion of some of RHG's obligations under such Performance Agreement andthe City and the EDA have agreed to RHG's request, and the parties now wish to reduce to writing their understanding of the time extension that is being granted to RHG by this Amendment No.1. NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in the original Performance Agreement and in this Amendment No.1, mutually agree as follows: Section 1. Certain Limited Time Extension. The following subsections of Section 2. Obli2ations of RHG, of the Performance Agreement are being modified only to the extent necessary to provide RHG with an additional time period to perform certain obligations under Subsections (B) and (C) of such Section 2 as set forth herein. Therefore, references to "24 months" or the "24 month time period" referred to in Subsections 2(B) and 2(C) are hereby deemed changed to "30 months" and/or "30 month time period" so that such time period referred to in those Subsections shall be 30 months from the date of the Performance Agreement instead of 24 months for the obligations referred to in those two Subsections. The parties intend to only change the time period as set forth above in order to give RHG additional time to complete the obligations required by Subsections 2(B) and 2(C) of the original Performance Agreement. Section 2. Continuation of Terms and Conditions of Performance A2reement. All the terms, obligations, and conditions of the original Performance Agreement dated September 20, 2007, among the parties shall and do hereby continue in full force and effect, except and only to the extent as modified above. Amendment 1 to P A-Cambria Suites Aug 27 .doc 1 IN WITNESS WHEREOF, the parties have executed this Amendment No.1 by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk . Darlene L. Burcham, City Manager (SEAL) WITNESS: Roanoke Hotel Group, LLC Kjell Kaashagen, Managing Member Printed Name and Title Ryan Eller, Managing Member Printed Name and Title WITNESS: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA Linda D. Frith, Secretary Charles E. Hunter, III, Chair Approved as to Form Approved as to Execution City Attorney Date: City Attorney Date: Appropriation and funds required for this Amendment are subject to future appropriation. Director of Finance Date Acct# Authorized by Ordinance No: Amendment 1 to PA-Cambria Suites Aug 27.doc 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: cIerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk September 9, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38589-090809 transferring funds from the Comprehensive Greenway Trail project to the Roanoke River Greenway/Tinker Creek Bridge project; and amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 8, 2009; and is in full force and effect upon its passage. Sincerely, ~'rn. ~ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 2009. No. 38589-090809. AN ORDINANCE to transfer funding from the Comprehensive Greenway Trail project to the Roanoke River GreenwaylTinker Creek Bridge project, amending and reordaining certain sections of the 2009-2010 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 2009-2010 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from State Grant Funds Appropriated from General Revenue Appropriated from State Grant Funds Revenues Roanoke River GreenwaylTinker Creek Bridge Comprehensive Greenway Trail 08-620-9200-9003 08-620-9200-9007 08-620-9753-9003 08-620-9753-9007 $ 180,000 200,000 ( 180,000 ) ( 200,000 ) 08-620-9200-9200 08-620-9753-9912 200,000 ( 200,000 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~m.~ 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 September 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Greenway Capital Account Transfers The Virginia Department of Transportation awarded $844,000 in Transportation Enhancement grant funds for the Roanoke River Greenway Project. These funds are being appropriated in increments over a period beginning in 2004 with the first $200,000 being appropriated into an account named "Comprehensive Greenway Trail" by City Council on January 18, 2005. With more recent appropriations, an account named Roanoke River Greenway/Tinker Creek Bridge (08-620-9200) was established to contain all Roanoke River greenway enhancement grant funds and any required matching funds. Staff feels it is prudent to consolidate the enhancement funds and their associated revenues into a single project account. Additionally, on May 4, 2009, City Council was presented with a Council report requesting the City adopt a budget ordinance to move funds from an existing greenway account to the Hamilton Terrace Greenway account to fulfill its obligation for funding this portion of the Greenway. However, the funds transferred came from the Roanoke River Greenway/Tinker Creek Bridge account (08-620-9200) where the funds were intended for use as a match for the VDOT Enhancement grants. The transfer should have come from the Comprehensive Greenway Trail account (08-620-9753) instead. A transfer is needed from the Comprehensive Greenways Trail account to the Roanoke River Greenways/Tinker Creek Bridge account to correct these accounts. Considerations: To allow for easier project management, transfer $200,000 from the Comprehensive Greenway Trail expenditure account 08-620-9753-9007 and revenue account 08-620-9753-9912 to the Roanoke River Greenway/Tinker Creek Bridge accounts 08-620-9200-9007 and 08-620-9200-9200 respectively. Honorable Mayor and Members of City Council September 8, 2009 Page 2 The May 4, 2009 Council Report and budget ordinance, in part, requested that funds in the amount of $180,000 be transferred from the Roanoke River Greenway/Tinker Creek Bridge (08-620-9200-9003), to the Hamilton Terrace Greenway (08-530-9970-9003). However, the Budget Ordinance should have requested the funds in the amount of $180,000 be transferred from the Comprehensive Greenway Trail Account (08-620-9753-9003) rather than the Roanoke River Greenway Account (08-620-9200-9003). A correction of this $180,000 transfer between greenway capital accounts is needed in order to correct the respective project funding. Summar uested transfers: Comprehensive Greenwa Trails To Roanoke River Greenways/ Tinker Creek Brid e Roanoke River Greenways/ Tinker Creek Brid e Pur ose Consolidation (Revenue & Ex ense . Amount $ 200,000 Comprehensive Greenwa Trails Correction (Ex ense) $ 180,000 Recommended Actions: Adopt the accompanying Budget Ordinance to'transfer $200,000 of Transportation Enhancement Grant funds from Comprehensive Greenway Trail accounts (08-620- 9753-9007) to the Roanoke River Greenway/Tinker Creek Bridge project account (08-620-9200-9007), transfer $200,000 from. the respective revenue account 08- 620-9753-9912 to 08-620-9200-9200, and correct the May 4, 2009 Budget Ordinance by transferring $180,000 of funds from the Comprehensive Greenway Trail account (08-620-9753-9003) to the Roanoke River Greenway/Tinker Creek Bridge account (08-620-9200-9003). Respectfully submitted, Darlene L. Bur ham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer Steven C. Buschor, Director of Parks and Recreation CM09-00152 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 JONATHAN E. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk September 9, 2009 Jonathan E. Craft Deputy City Clerk Roanoke, Virginia Dear Jonathan: . I am attaching copy of Resolution No. 38590-090809 confirming your 'appointment as Deputy City Clerk, effective September 8, 2009. , The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 8, 2009. Also attached you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned no later than September 16, 2009. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk Attachments J'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 2009. No..38590-090809. A RESOLUrION confirming the appointment of Jonathan E. Craft as the Deputy City Clerk effective September 8, 2009. WHEREAS, the' City Clerk desires to appoint Jonathan E. Craft as Deputy City Clerk of the City of Roanoke effective September 8, 2009, to which appointment this Council desires to express its consent as required by ~ 24 of the Roanoke City Charter of 1952. . THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the appointment effective September 8, 2009, by the City Clerk of Jonathan E. Craft as Deputy City Clerk of the City of Roanoke is hereby approved, ratified and confirmed. ATTEST: AA1~m.~ i ..,'City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELlA R. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 8, 2009 The Honorable Mayor and Members of the Roanoke City Coun,cil Roanoke, Virginia Dear Mayor Bowers and Members of Council: Effective July 1, 2009, Sheila N. Hartman retired as Deputy City Clerk for the City of Roanoke, which left the position vacant. Section 24 of the Roanoke City Charter provides for the concurrence of Council in the appointment of a Deputy City Clerk. Therefore, it is requested that Council concur in the appointment of Jonathan E. Craft as Deputy City Clerk, effective Septemb'er 8, 2009. With over 18 years of experience in local government, Mr. Craft will bring a combination of personal, administrative and technical skills to the City Clerk's Office. Adoption of the attached resolution by Council is respectfully requested. Sincerely, ~l1I,fYJW7V Stephanie M. Moon, CMC City Clerk Attachment K:\Agenda.09\Deputy City Clerk.doc COMMONWEALTH OF VIRGINIA ) ) ) To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighth day of September, 2009, JONATHAN E. CRAFT was appointed as the Deputy City Clerk for the City of Roanoke, Virginia. Given under my hand and the Seal of the City of Roanoke this ninth day of September 2009. ~;1r). ~ City, <;:Ierk CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance September 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Fiscal Year 2009 Unaudited Financial Report The following financial report provides the unaudited results of the City's financial performance during the fiscal year ended June 30, 2009. It is important to note that although the results presented here are believed accurate as of this date, they have not been audited, and are subject to change. Summary of General Fund Performance General .Fund revenues were below budget by 1.3% or approximately $3.3 million due primarily to the decline in Other Local Taxes. The national economic decline in FY09 negatively impacted local tax growth rates. Though total General Fund revenues increased slightly when compared to FY08, they fell shy of the budget which is a rarity for the City. General Property Taxes exceeded the revenue budget by 0.6%; however, Other Local Taxes fell short of the budget by 4.4%. Also contributing to the revenue decline was lower than expected Permit, Fee, and License revenues due to the decline in construction activity, as well as lower than expected reimbursements for Social Services and Comprehensive Services associated with expenditure declines in those areas. Honorable Mayor and Members of Council September 8, 2009 Page 2 FY09 General property taxes exceeded FY08 by 3.3% while Other Local taxes fell by 3.1 %. Total expenditures were under budget by approximately by 2.1 % or $5.6 million. Budgeted expenditures were down in nearly every department as the result of management actions to offset the anticipated revenue shortfalls throughout the year. Some of the steps taken included a hiring freeze which resulted in more than ninety vacancies by the latter part of the fiscal year and reductions in employee benefits as the employer match to deferred compensation and the tuition assistance programs were suspended. Additionally, there were reductions made in department budgets and reductions in capital spending for fleet replacement and technology which created budgetary savings. FY09 total expenditures declined by 0.7% compared to FY08. Debt service increased 12.9% as payments commenced on the 2008 bond issue. As a whole, the General Fund expenditure savings more than offset the fact that revenues failed to achieve budget, resulting in an increase in General Fund fund balance. Growth of approximately $316,000 occurred from interest earnings on our Budget Stabilization Reserve, and the General Fund undesignated fund balance grew by $1,669,048 mainly as a result of these unspent appropriations. Revenues: The 2009 General Fund revenue budget was $263.8 million, while actual collections totaled $260.4 million or 98.7%. The revenue budget for FY09 anticipated 1.8% growth over the prior year. Actual revenues increased 0.5% or $1.3 million in FY09 due to an increase in real estate assessments which was offset by the decline in many of the City's local tax revenues. General Property and local Taxes Detail This category makes up 67% of the General Fund revenue budget. Actual collections fell short of budget by 1.5% or $2.7 million, but increased 0.6% or $1.0 million compared to FY08. Real Estate Taxes. the largest single source of the City's revenues, exceeded the budget by 0.7% or $0.5 million and increased 4.5% or $3.3 million Honorable Mayor and Members of Council September 8, 2009 Page 3 compared to FY08. The primary driver for Real Estate Taxes was growth in assessed values. The FY09 real estate revenues were based upon assessments issued as of January 2008. Growth of 3.04% resulted from reassessment increases with the balance of the growth in the real estate area attributable to new construction. Personal Property Taxes fell short of budget by 0.5% and decreased by 0.8% compared to FY08. The decrease in FY09 is the first decrease in Personal Property Taxes in the past five years. The budget shortfall was due to declines in the vehicular area in both the quantity of vehicles and in their assessed values. State Sales Tax was under budget by 4.1 %, and decreased approximately 5.2% or $1.1 million as compared to FY08 due to current economic impacts. The May Revenue Report from the Secretary of Finance in the Governor's office shows Sales Tax was down 5.1 % throughout the Commonwealth when compared to FY08. Thus, the City trends are consistent with the state. Utility Taxes. Franchise Tax and Telecommunications Tax fell short of budget by 6.1 % and decreased approximately $0.8 million compared to FY08. Leading the decline was the refund of telecommunications taxes overpaid in FY08 from communications providers who had been taxed on exempt services. In addition, telecommunications taxes, which apply to services including land line and wireless telephone, cable and satellite television, and radio services, decreased 8.8% due to lower distributions statewide in FY09. Also impacting the decline were large voruntary disclosure payments made in the prior fiscal year resulting in higher than normal revenues reported in FY08, creating a negative variance when compared to FY09. A dealer discount went into effect this fiscal year as well and has impacted the amount of revenues distributed to all localities. Business and Professional Occupational License (BPOU Tax revenue exceeded the budget by 1.1 %. Although BPOL exceeded our expectations, the tax is based on gross receipts of businesses, and is therefore negatively affected by the economy. FY09 BPOL tax, based on calendar year 2008 gross receipts, decreased 0.6% as compared to FY08. Prepared Food and Beverage Tax revenue fell short of budget by 4.8% and decreased 0.6% compared to FY08. This revenue is highly impacted by the decline in consumer spending. REVISED Honorable Mayor and Members of Council September 8, 2009 Page 4 Cigarette Tax revenue fell short of budget by 16.1 % and decreased by 8.3% compared to FY08. The decline is believed to be a result of several factors. They include the marketing of health risks of smoking, the tight economic situation impacting all consumers, and the ability of consumers to purchase cigarettes from localities that do not charge a local cigarette tax. Motor Vehicle License revenue exceeded the budget by 6.8% and increased by 1 5.2% compared to FY08. The increase was driven by a slower than normal payment rate experienced in FY08 which reversed in FY09. This timing difference was due to the change in decal policy. Other local taxes fell short of the budget by 2.8% and declined 1.5% compared to FY08. Public Service Corporation, Bank Stock, and Real Estate Tax District taxes, exceeded the revenue budget and resulted in increases compared to FY08, while Transient Occupancy, and Recordation and Probate taxes fell short of the revenue budget and declined compared to FY08. Admissions Tax fell short of the budget, but exceeded FY08 performance. Intergovernmental Revenue Detail This category includes State and Federal funding. Intergovernmental revenues totaled $70.9 million and make up 27% of the total budget. These revenues were 2.0% short of the budget but increased 0.3% compared to FY08. The budget shortfall was due to lower than anticipated revenues for Comprehensive Services Act and other Social Services revenues. As these reimbursable expenditures' decline, so do the revenues. Also contributing to the shortfall was a decrease in .Iaw enforcement funding through HB599. Partially offsetting the budgetary decline was growth in street maintenance revenues received from the Virginia Department of Transportation (V DOT) as well as jail per diems. The growth in intergovernmental revenues compared to FY08 is due to increases in reimbursed social services expenditures, street maintenance, revenue sharing-transportation, E-911 wireless, and technology trust funding for the Clerk of Circuit Court. These revenue increases were largely offset by the reduction in funding from the Commonwealth as passed on to localities in the adoption of the FY09 budget. Honorable Mayor and Members of Council September 8, 2009 Page 5 Other local Revenues Detail All other local revenues collectively contribute 6% of total General Fund revenues. Permits. Fees and Licenses fell short of budget by 16.8% and decreased 28.6% compared to FY08 due to a decline in building inspection permit fees. Most notably affecting this category were the William Fleming High School project and Carilion Medical Center that were permitted in FY08. New construction has slowed due to the declining economy resulting in lower permit' revenues in FY09. Revenue in this category was unusually high in FY08 and has consistently been lower throughout FY09. Revenue from the Use of Money and Property exceeded budget by 19.5% and declined by 12.4% compared to FY08. The year to year change was due to the decline in interest rates. In addition, rental payments for space in the Commonwealth Building were higher in FY08 due to a holdover clause in the lease contract. Revenues from contracted leases for FY09 were approximately one half of the FY08 revenue. CharQes for Services exceeded budget by 5.5% and increased by 6.8% compar.ed to FY08. The increases were driven by the growth in the number of prisoners from other localities housed in our jail. The City housed more prisoners than in the prior year from Patrick, Franklin, Montgomery, and Roanoke Counties. Also contributing to the growth is increased Emergency Medical Service billings. Internal Services revenue exceeded budget by 9.8% and grew 4.0% over the prior year primarily due to the addition of a new revenue source in FY09, School Playground Services. Other charges in this category are billings for the Airport Fire Station, Employee Health Services, School Comprehensive Services, School Resource officers, Municipal Audit Services to Schools, and charges to other City funds. Miscellaneous Revenue exceeded budget by 25.8% but decreased by 5.9% compared to FY08. This category exceeded budget primarily due to larger than budgeted collections for service charges from exempt organizations, payment in lieu of taxes from Roanoke Redevelopment and Housing Authority and collections from Solid Waste for recycling. The decrease from the prior fiscal year is due in part to FY08 collections for the Building New REVISED Honorable Mayor and Members of Council September 8, 2009 Page 6 Partnership Conference and MLK Event Gala. There have been no collections in the current fiscal year for these events. Expenditures: Total General Fund expenditures and encumbrances for FY09 were $259.7 million; $5.6 million less than the final budget, and decreased 0.7% compared with FY08. The July 1, 2008 average employee pay raise of 2% affects most categories. FY09 departmental expenditures were curtailed to address budgetary concerns, and a hiring freeze was in place much of the year. All variances detailed below are in addition to the personnel cost increase. Transfers to Debt Service Fund were at budget and increased 12.9% compared to FY08. This large increase is due to the City beginning payment of principal and interest on Series 2008 public improvement general obligation bonds. The tax-supported components of these bonds were issued last year for Fire-EMS stations and William Fleming High School. Payments began February 1, 2009. Transfer to School Funds includes transfers to the School General Fund and to the School Capital Projects Fund. These declined from FY08 to FY09 since there was a $1.1 million fund balance appropriation and transfer to the .. ( School Capital Projects Fund in 2008 but no fund balance transfer and appropriation in 2009. The transfer to the School Fund increased slightly from FY08 to FY09 due to growth in local taxes. The FY09 School transfer fell below budget as a result of the fact that City local taxes also were well below budget. Nondepartmental expenditures decreased 18.9% or $1.8 million. There has been a significant decrease in transfers to the Capital Projects Fund as a result of the City's efforts to build its fund balance levels. All other expenditure cateQories of the General Fund collectively represent a 0.8% decrease in FY09. General Government declined 2.8% due primarily to curtailed expenditures. Judicial Administration is up 6.2% due to reimbursable charges related to the court systems case imaging retrieval program as well as Sheriff and Jail shared expenses. Public Works is up 3.2% due to the paving program. While the paving program itself increased only Honorable Mayor and Members of Council September 8, 2009 Page 7 slightly, there was a large swing in timing of activity between the two fiscal years due to contract and amendment dates for the summer 2008 paving season. Health and Welfare is.. up 0.8% most notably due to growth in Comprehensive Services Act expenditures. Parks, Recreation, and Cultural expenditures declined 3.2% due primarily to cut backs in park expenditures as well as a reduction in the Arts Festival budget. Community Development fell 4.7% attributable mostly to reduced economic development expenditures led by a reduction in performance agreement costs. Also contributing to the decline in the economic development area are reductions in marketing and promotion and rental expenditures. Memberships and affiliations expenditures also contributed to the Community Development category variance, as the prior year included funding for two non-recurring activities, the Building New Partnership Conference and the MLK Event Gala. School Fund The School Fund amounts as presented in this report correspond with amounts reported to the School Board on August 11, 2009 and therefore are not FY09 final amounts. Additional expenditure accruals are anticipated. Final reporting of School balances, including a report on year end fund balance, will occur upon completion of the external audit. The School Board instituted a new accounting system during FY 2009. Therefore, certain categories may not be fully comparable from year to year. Additionally, FY08 School Fund amounts included Athletics activities while there was a separate fund for Athletics in FY09. Revenues: School Fund revenues exceeded budget by 2.0% or $2.9 million and increased 4.6% or $6.4 million compared to FY08. A key factor in the revenue performance was State Aid in excess of budget. State Sales Tax fell short of budget by 11.5% and decreased 6.9% when compared to FY08. The School Fund receives an allocation of state sales tax (opposed to the 1 % local share received by the City) and the decline in performance is related to the down turn in the economy state-wide. Honorable Mayor and Members of Council September 8, 2009 Page 8 Intergovernmental revenue is predominately state funding. The category exceeded budget by $3.3 million or 5.2% and increased 8.4% as compared to FY08. An increase in the average daily membership (ADM) contributed to both positive variances. CharQes for Services exceeded budget by 57.7% and increased 97.4%, or $2,166,310 compared to FY08. A significant accounting change affecting the transportation category now records charges for services and expenditures at gross amounts. The change in method results in an increase in revenue as well as in the transportation expenditure category. In addition, increased revenues for services to the Regional Board also contributed to the positive revenue variance. Interest on Investments decreased 52.1 % or $109,087 compared to FY08 due to a decline in interest rates. Transfers from Other Funds consists of funding from the City's General Fund to the School General Fund. As described in the General Fund expenditure area, as a result of underperformance of City local taxes, this revenue fell below budget by 1.3% for FY09. The funding also increased slightly compared to FY08 as a result of growth in local taxes from year to year despite the budget shortfall. Expenditures: School Fund expenditures were just under budget with a .1 % positive variance, and they increased 5.1 % compared to FY08. There are no encumbered amounts as of June 30, 2009, as the Schools have generally discontinued the practice of carrying purchase orders and contracts forward into the new fiscal year. As of June 30, 2008, obligations of $929,971 were included as expenditures, affecting year over year comparability in the FY08 versus FY09 amounts. Employee pay raises of 5%, effective July 1, 2008, affected many categories of School expenditures. Other than the raise, significant factors are as follows: Administration. Attendance and Health increased 16.3% or $1,464,087 as a result of a realignment of reporting categories implemented when the Schools instituted a new accounting system and chart of accounts. Honorable Mayor and Members of Council September 8, 2009 Page 9 Transportation expenditures exceeded budget by 5.4% and increased 23.5% or $1,482,027 compared to FY08. As noted earlier, a significant accounting change affecting the transportation category now records charges for services and expenditures at gross amounts. In prior years, some reimbursements were netted against expenses. FY09 fuel costs were also higher than the prior year. Operations and Facilities were 1.4% below budget and reflected a decrease of 7.5% compared to FY08. This category was also impacted from a comparative perspective when the Schools implemented a new chart of accounts in FY09, offsetting some of the increase shown in the Administration, Attendance and Health category. /" Enterprise Funds The City's Enterprise Funds include Civic Facilities, Parking and Market Building operations. These funds are intended to operate in a manner such that operating. expenses are recovered in the form of user charges. Historically, the General Fund has subsidized the Civic Facilities and Market Building Funds. Brief comments on each of the City's Enterprise Funds are as follows. Civic Facilities Fund FY09 was a year of transition for this fund, as the Civic Center was managed by the City for the first six months of the year then management was outsourced to Global Spectrum Inc. (Global Spectrum) for the final six months of the year. The FY09 operating loss of $2.25 million was a slight improvement compared to the operating loss of $2.32 million of FY08. Total Operating Revenues exceeded budget by $129,000 and improved slightly compared to FY08. In both FY08 and FY09, a General Fund subsidy of approximately $2.7 million was required. The General Fund subsidy covers the operating deficit in addition to the debt service (principal and interest) on long term debt of this fund. The FY09 total subsidy was higher than the amount originally budgeted by the City and expected by Global Spectrum when it undertook management of the facility. The variances were approximately $200,000 and $266,000, respectively. Operations were affected by increasing event prices, lack of a sports team, and an economy which has reduced available Honorable Mayor and Members of Council September 8, 2009 Page 10 discretionary income. Expenses incurred in the transition and start up operations of Global Spectrum also affected this year's results. Better results are anticipated as Global Spectrum realizes the benefits of their booking opportunities and becomes more familiar with the facilities and local market. ParkinQ Fund The City's Parking Fund operates seven garages and six surface lots with a total FY09 budget of $2.9 million. The FY09 operating income of $626,000 was a decrease of 5% compared to FY08. Total operating revenues were flat compared to FY08. The revenue decline at Tower Garage was significant, as Wachovia and Carilion substantially reduced the number of parking spaces that they were leasing. Much of this lost revenue was offset by the opening of Campbell Garage, placing Market Lot operations back under Lancor control, and aggressive violation enforcement. Operating expenses increased from an additional $142,000 in depreciation expense from Campbell Garage and an additional $167,000 in management fees from Lancor. The Parking Fund achieved a net income of $200,000 which was a significant decrease of 62% compared to FY08. Both operating income and net income declined in FY09, the first full year of operation of the new facility at Campbell Avenue. While each facility generates varying levels of income or loss, the Parking Fund as a whole meets all cash flow needs, including debt service, without General Fund subsidy and generates working capital to fund facility improvements and repairs. Market BuildinQ Fund The FY09 Market Building Fund final budget was $539,000. The FY09 operating loss was $422,000, significantly larger than the loss of FY08 as a result of sizable repair and maintenance costs. Operating revenues were down $31,000 compared to FY08. There were three tenant vacancies throughout the year plus a fourth vacancy in the spring of 2009. Other Services and Charges costs increased $260,000 from FY08, due primarily to repair and maintenance costs in September and October 2008. Decreased natural gas and water/sewage expenses nearly offset increased electricity costs. The General Fund subsidy for FY09 was increased from $35,000 to $115,000 to address the fund's revenue shortfall and certain expense issues. FY09 performance was impacted by the fact that much of the repair costs Honorable Mayor and Members of Council September 8, 2009 Page 11 were funded from amounts provided in previous years for various capital projects. This generated expense in FY09 with revenues from a prior year covering many of those costs. Fund Balances The BudQet Stabilization Reserve serves as a funding source for emergencies or unforeseen declines in revenues, and it is supported by the Budget Stabilization Reserve Policy which was adopted by City Council in May 2005. The policy states that the reserve minimum will be 5% of the General Fund budget with a target of 8%. The balance as of June 30, 2009 is $19,155,608 or 7.45% of the budget, an increase from 7.25% at the end of the prior year. The reserve increased in the amount of $315,712 as a result of interest earnings. Because this reserve target is a percentage of General Fund budget, a portion of the percentage increase is due to the contraction of the budget from FY09 to FYl O. The Reserve for Uninsured Claims is required by City Code and mandates that an annual allocation of $250,000 will be made to develop a reserve equal to 3% of the General Fund budget. The current year allocation of $250,000 will subsequently be transferred to the Risk Management Fund where the City's insurance program is managed. The Risk Management Fund includes long-term liabilities based on the projection of expense that will ultimately be paid by the City on workers' compensation and other claims. In the past two years, these estimates increased and eroded the self insurance reserve balance. The Reserve for Encumbrances is the balance required to be carried forward to meet contracted obligations of the City, which were not completed by the end of the fiscal year and will be paid during the upcoming year. City Council approves re-appropriation of these amounts during budget adoption. The FY09 commitments carried forward total $1,053,654, slightly lower than the amount carried forward last year. UndesiQnated Fund Balance remains after all revenues and obligations of the General Fund are accounted for, including reserve allocations. This balance may include both a City and School component depending upon the extent to which fund balance is created by excess revenues versus unspent appropriations. Fund balance derived from local tax revenues that exceed budget are shared with Schools using the same funding formula through Honorable Mayor and Members of Council September 8, 2009 Page 12 which local taxes are shared throughout the year, whereas savings from unspent expenditures remain on the City's ledger. The FY09 growth in undesignated fund balance is entirely from unspent appropriations. Since local taxes failed to achieve their budget, only interest earnings on the carry- forward balance is allocated to Schools. The current year increase in undesignated fund balance is $1,699,048. Additional information on fund balances is included in subsequent statements. Pension Plan Trust Fund The fair market value of investments held within the Plan was $290.4 million as of June 30, 2009. During a period of significant economic decline and related issues within the domestic credit markets, the Plan continues to invest with a long-term strategy and actively manages investments to that effect. The Plan utilizes benchmarks to measure its performance within the investment markets. Strong performance the latter part of FY 2009 significantly offset losses incurred during the first part of the year. Investment returns for the fiscal year were -17.5% for the overall Plan, compared to the Plan's composite policy index which performed -17.7%. Conclusion We believe the results presented in this report are materially correct, however, we want to reiterate that the City and Roanoke City Public School Fund amounts discussed within this report are unaudited and subject to change during the course of our external audit. A report of all funds of the City will be included within the Comprehensive Annual Financial Report which is currently being prepared. We would like to thank City Council, the administration, and especially the dedicated staff of the Department of Finance and the Roanoke City Public Schools Fiscal Services Department for their support throughout FY09. Sincerely, m~W#LA Ann H. Shawver Director of Finance Attachments Honorable Mayor and Members of Council September 8, 2009 Page 13 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 Debbie Moses, Parking Facilities Manager Chris Connelly, General Manager, Global Spectrum Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis D. Baker, Deputy Superintendent of Operations, Roanoke City Public Schools City of Roanoke Financial Report to City Council Fiscal Year Ended June 30, 2009 (Unaudited) Prepared by the Department of Finance Presented September 8, 2009 General Fund Undesignated Fund Balance School Portion of Undesignated Fund Balance - Detail Budget Stabilization Reserve General Fund Statement of Revenues & Expenditures School General Fund Statement of Revenues & Expenditures Civic Facilities Fund Statement of Income & Expenses Parking Fund Statement of Income & Expenses Market Building Fund Statement of Income & Expenses Treasurer's Statement of Accountability Pension Plan - Statement of Changes in Net Assets Pension Plan ~ Statement of Plan Net Assets Report of City Manager Transfers Report of City Manager's Contingency 15 16 17 18 19 20 21 22 23 24 25 26 - 28 29 14 City of Roanoke, Virginia General Fund Undesignated Fund Balance June 30, 2009 (Unaudited) City Allocation of General Fund Undesignated Fund Balance General Fund Revenues Under Estimated Amounts $ (3,317,367) General Fund Unobligated Appropriations 5,582,128 Less: Allocation of Interest to Undesignated Fund Balance - Schools (4,901 ) Less: Allocation to the Reserve for Uninsured Claims (250,000) Less: Allocation of Interest to the Budget Stabilization Reserve (315,712) Current Year Change in General Fund Undesignated Fund Balance: 1,694,147 Undesignated Fund Balance Allocated to Schools: * Current Year Undesignated Fund Balance Retained by City: 1,694;147 Prior Year Unspent Fund Balance: 349,098 Total City Allocation of General Fund Undesignated Fund Balance: $ 2,043,245 School Allocation of General Fund Undesignated Fund Balance Current year interest earnings on prior year balance $ 4,901 Prior Year Unspent Fund Balance: 284,716 Total School Allocation of General Fund Undesignated Fund Balance: $ 289,617 Total General Fund Undesignated Fund Balance: $ 2,332,862 * The current year increase in General Fund Undesignated Fund Balance is entirely from unspent expenditure appropriation~. Because there were no local tax revenues in excess of budget, there is not an additional allocation, above interest earned, to the Schools this fiscal year end. 15 City of Roanoke. Virginia Calculation of Projected General Fund Undesignated Fund Balance to Allocate to the School Board June 30, 2009 (Unaudited) Local Taxes General Property Taxes Other Local Taxes Total Local Taxes $ 110,269,390 71,423,734 181,693,124 Less: Local Taxes Dedicated for Specific Purposes Utility Consumer Tax Dedicated to Roanoke River Flood Reduction Telecommunications Taxes Dedicated to E-911 and Cable TV Access Channel Current Downtown District Real Estate Tax Delinquent Downtown District Real Estate Tax Current Williamson Road District Real Estate Tax Delinquent Williamson Road District Real Estate Tax Downtown District Public Service Tax Cigarette Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Motor Vehicle License Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Cigarette Tax for COPE Team and Convention and Visitor's Bureau Transient Room Tax to Support Convention and Visitors Bureau Telecommunications Right of Way Use Fee Dedicated to Paving One Cent Real Estate Tax Dedicated to Economic Development One Cent Transient Occupancy Tax Dedicated to Tourism Ten Cents Cigarette Tax Dedicated to Curb, Gutter and Sidewalk Debt Service on Bonds Issued for Innotech Project Admissions Tax Dedicated to Civic Center Project or Cultural Agencies Local Taxes Dedicated to Ivy Market Performance Agreement Local Taxes Dedicated to Home Depot Performance Agreement Local Taxes Dedicated to District at Valley View Performance Agreement One Cent Meals Tax Dedicated to Debt Service Cigarette Taxes Dedicated to Curb, Gutter and Sidewalk Debt Service Net Local Taxes School Percentage Share of Local Taxes (808,000) (1,800,000) (339,902) (2,520) (89,279) (3,493) (28,471) (305,000) (325,000) (501,429) (200,000) (336,434) (638,088) (393,526) (489,741) (965,845) (43,317) (600,000) (200,000) (315,000) (2,299,383) (386,100) 170,622,596 36.42% * School Share of Local Taxes 62,140,750 Other Adjustments: Deduct Interest Earnings Additional Local Support Add Roanoke Adolescent Health Partnership (200,000) 500,000 25,000 Net School Transfer 62,465,750 Less: FY09 Local Funding Provided to School Board Allocation of Undesignated Fund Balance to School Board $ (62,506,419) (40,669) ** * Percentage share based on Revenue Allocation Model ** Strictly in accordance with the formula for sharing local taxes, the City overfunded the Schools by this amount during FY 2009. The final estimate of local taxes was prepared by the Director of Finance in late June with the commitment that the funding transferred to the Schools for FY09 would not be subsequently adjusted downward even if local taxes failed to perform to this level. As this computation indicates, local taxes performed just shy of this final estimate, resulting in the overfunded condition. Compared to the adopted budget for FY09, final funding to Schools decreased by $841,042 as a result of the contraction in local tax revenues. 16 '~ .:11 City of Roanol<e, Virginia Budget Stabilization Reserve Per Resolution 37053 (Adopted May 10, 2005) June 30, 2009 (Unaudited) Reserve Roll Forward: Amount Budget Stabilization Reserve, July 1,2008 Interest earnings $ 18,839,896 315,712 Budget Stabilization Reserve, June 30, 2009 Reserve Policv Parameters: Total General Fund Budget FY10 $ 19,155,608 $ 257,042,000 5% $ 12,852,100 Minimum Designated Budget Stabilization Reserve Total General Fund Budget FY10 $ 257,042,000 8% $ 20,563,360 TarQet Designated Budget Stabilization Reserve 17 % Budget 7.25% 7.45% CITY OF ROANOKE, VIRGINIA GENERAL FUND (FY 2009 UNAUDITED) STATEMENT OF REVENUE Final Revenue Revenue Budget Revenue Source Budget Variance General Property Taxes $ 101,584,000 $ 609,398 Other Local Taxes 74,724,000 (3,300,266) Permits, Fees and Licenses 1,266,000 (212,557) Fines and Forfeitures 1,535,000 23,517 Revenue from Use of Money and Property 784,000 153,190 Intergovernmental 72,391,374 (1,445,613) Charges for Services 8,126,000 444,403 Internal Services 2,779,435 273,217 Transfers From Other Funds 33,333 Miscellaneous Revenue 533,000 137,344 Total $ 263,756,142 $ (3,317,367) Actual July 1 - June 30 2008-2009 $ 102,193,398 71,423,734 1,053,443 1,558,517 937,190 70,945,761 8,570,403 3,052,652 33,333 670,344 $ 260,438,775 Actual July 1 - June 30 2007-2008 $ 98,888,722 73,716,838 1,4 75,370 1,558,039 1,069,390 70,749,529 8,026,551 2,934,431 712,579 $ 259,131,449 STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, '.Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Funds Nondepartmental Total Final Expenditure Budget $ 13,272,877 8,578,103 60,943,065 26,444,616 43,294,265 10,824,849 6,989,020 21,431,722 63,347,461 10,199,161 $ 265,325,139 Unencumbered Balance $ 212,379 86,926 214,807 763,831 758,215 72,195 59,964 841,042 2,572,769 $ 5,582,128 Actual July 1 - June 30 2008-2009 $ 13,060,498 8,491,177 60,728,258 25,680,785 42,536,050 10,752,654 6,929,056 21,431,722 62,506,419 7,626,392 $ 259,743,011 18 Actual July 1 - June 30 2007-2008 $ 13,436,143 7,993,879 62,698,996 24,875,907 42,219,231 11 ,111 ,252 7,267,534 18,990,691 63,561,817 9,398,424 $ 261,553,874 Percent of Budget Received 100.6% 95.6% 83.2% 101.5% 119.5% 98.0% 105.5% 109.8% 100.0% 125.8% 98.7% Percent of Budget Obligated 98.4% 99.0% 99.6% 97.1% 98.2% 99.3% 99.1% 100.0% 98.7% 74.8% 97.9% FY09 vs FY08 Variance 3.3 % -3.1 % -28.6 % 0.0 % -12.4 % 0.3 % 6.8 % 4.0 % 100.0 % -5.9 % 0.5 % FY09 vs FY08 Variance -2.8 % 6.2 % -3.1 % 3.2 % 0.8 % -3.2 % -4.7 % 12.9 % -1.7 % -18.9 % -0.7 % CITY OF ROANOKE, VIRGINIA SCHOOL GENERAL FUND (FY 2009 UNAUDITED) STATEMENT OF REVENUE Final Revenue Revenue Budget Revenue Source Budget Variance State Sales Tax . $ 12,686,049 $ (1,326,133) Intergovernmental 63,353,029 3,289,590 Charges for Services 2,784,516 1,606,550 Interest On Investments 100,297 Transfer from Other Funds 63,347,461 (841,042) Insurance Recoveries 12,396 Miscellaneous 30,942 Total $ 142,171,055 $ 2,872,600 Actual July 1 - June 30 2008-2009 $ 11,359,916 66,642,619 4,391,066 100,297 62,506,419 12,396 30 942 $ 145,043,655 Actual July 1 - June 30 2007-2008 $ 12,196,519 61,497,000 2,224,756 209,384 62,392,633 18,454 90,113 $ 138,628,859 STATEMENT OF EXPENDITURES AND ENCUMBRANCES EXDenditures Instruction Administration, Attendance and Health Transportation Operations and Facilities Debt Service Total Final Expenditure Budget $ 101,076,261 10,325,865 7,377,752 15,016,906 9,304,577 $ 143,101,361 Unencumbered Balance $ 65,168 (131,057) (401,782) 205,626 371,664 $ 109,619 Actual July 1 - June 30 2008-2009 $ 101,011,093 10,456,922 7,779,534 14,811,280 8932913 $ 142,991,742 Actual July 1 - June 30 2007-2008 $ 95,915,917 8,992,835 6,297,507 16,010,074 8,775,273 $ 135,991,606 Percent of Budget Received 89.5% 105.2% 157.7% 0.0% 98.7% 0.0% 0.0% 102.0% Percent of Budget Obligated 99.9% 101.3% 105.4% 98.6% 96.0% 99.9% FY09 vs FY08 Variance -6.9 % 8.4 % 97.4 % -52.1 % 0.2 % -32.8 % -65.7 % 4.6 % FY09 vs FY08 Variance 5.3 % 16.3 % 23.5 % -7.5 % 1.8 % 5.1 % Note: Changes in the chart of accounts upon implementation of a new accounting system impact current year versus prior year comparability. Additionally, FY08 amounts include encumbrances while the FY09 amounts as presented do not which affects comparability of expenditures and encumbrances. Lastly, FY08 amounts include the Athletics activities. A separate fund was established for Athletics in FY09 therefore athletics revenues and expenditures are not included on this schedule for FY09. 19 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FISCAL YEAR ENDED JUNE 30, 2009 (FY2009 UNAUDITED) FY 2009 (1) FY 2008 Operatina Revenues Rentals $ 910,428 $ 843,816 Event Expenses 991,350 632,667 Display Advertising 52,252 54,169 Electrical Fees 22,139 27,913 Novelty Fees 14,598 77 ,1 05 Facility Surcharge 343,263 263,695 Charge Card Fees 33,852 93,139 Commissions 155,109 79,216 Catering/Concessions 27,120 176,134 Other 860 795 Total Operating Revenues 2,550,971 2,248,649 Operatina Expenses Personal Services 1,329,630 1,936,636 Operating Expenses 2,396,601 1,760,785 Management Fees 156,120 Depreciation 915,111 871,401 Total Operating Expenses 4,797.462 4,568,822 Operating Loss (2,246,491 ) (2,320,173) Nonoperatina Revenues/(Expenses) Other 15.509 819 Net Gain (Loss) on Asset Disposal (40,447) Investment Income 13,654 21,384 Interest Expense (636,197) (649,886) Net Nonoperating Expenses (607,034) (668,130) Loss Before Transfers and Contributions (2,853,525) (2,988,303) Transfers and Contributions Transfers In 2,678,100 2,741,442 Transfers Out (65,244) (61,869) Net Transfers and Contributions 2,612,856 2,679,573 Change in Net Assets $ (240,669) $ (308,730) (1) Effective January 1,2009, management of the Roanoke Civic Center was privatized with Global Spectrum, Inc. FY 2009 results are a combination of management and accounting by the City and by Global Spectrum. The categories of personal services, operating expenses and management fees are impacted by this change and are not fully comparable between FY 2008 and FY 2009. 20 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FISCAL YEAR ENDED JUNE 30, 2009 (FY2009 UNAUDITED) FY 2009 FY 2008 Operatina Revenues Market Garage $ 353,889 $ 356,031 Elmwood Park Garage 513,897 509,730 Center in the Square Garage 278,213 282,206 Church Avenue Garage 688,905 689,189 Tower Garage 500,789 535,833 Gainsboro Garage 130,142 127,656 Campbell Garage 19,300 1,717 Williamson Lot 84,182 89,354 Higher Ed Center Lot 60,399 70,572 Market Lot 22,071 ' 17,474 Elmwood Lot 72,395 74,240 Warehouse Row Lot 33,151 29,686 West ChurchNMCA Lots 26,270 26,270 Parking Violations (All Locations) 21,152 Total Operating Revenues 2,804,755 2,809,958 Operatina Expenses Operating Expenses 1,360,078 1,476,437 Depreciation 818,802 672,651 Total Operating Expenses 2,178,880 2,149,088 Operating Income 625,875 660,870 Nonoperatina Revenues/tExpenses) Investment Income 55,817 66,261 Interest Expense (496,065) (247,242) Net Nonoperating Expenses (440,248) (180,981) Income Before Transfers and Contributions 185,627 479,889 Transfers and Contributions Transfers In 14,466 43,348 Net Transfers and Contributions 14,466 43,348 Change in Net Assets $ 200,093 $ 523,237 21 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FISCAL YEAR ENDED JUNE 30, 2009 (FY2009 UNAUDITED) FY 2009 FY 2008 Operatina Revenues Charges for Services $ 224,636 $ 255,476 Total Operating Revenues 224,636 255,476 Operatina Expenses Other Services and Charges Depreciation 545,544 100,887 646,431 285,655 94,173 Total Operating Expenses 379,828 Operating Loss (421,795) (124,352) Nonoperatina Revenues Investm,ent Income 3,150 23,631 Miscellaneous 88 1,668 Net Nonoperating Revenues 3,238 25,299 Loss Before Transfers & Contributions (418,557) (99,053) Transfers and Contributions Transfer in from Capital Projects Fund 120,000 148,917 Transfer in from General Fund 115,000 35,570 Net Transfers and Contributions 235,000 184,487 Change in Net Assets $ (183,557) $ 85,434 22 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JUNE 30, 2009 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 JUNE 3D, 2009. BALANCE AT MAY 31,2009 CONSOLIDATED FUNDS $98,690,104.22 RECEIPTS $27,346,437.04 BALANCE AT BALANCE AT DISBURSEMENTS JUN 30,2009 JUN 30, 2008 $24,864,026.64 $101,172,514.62 $127,618,752.27 CERTIFICATE I HEREBY CERTIFY THAT THE 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 JUNE 30,2009. THAT SAID FOREGOING: CASH CASH IN HAND DEPOSIT IN TRANSIT CASH IN WACHOVIA BANK CASH IN HOMETOWN BANK CASH IN VALLEY BANK INVESTMENTS: WACHOVIA OVERNIGHT SWEEP ACCOUNT LOCAL GOVERNMENT INVESTMENT POOL SMITH BARNEY GOVERNMENT MONEY MARKET FUND CERTIFICATES OF DEPOSIT U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $15,330.59 $1,428.68 208,529.35 100.00 1,002.78 125,000.00 19,401,181.45 3,154,544.42 37,025,100.12 7,000,000.00 7,113,934.86 27,126,362.37 $101,172,514.62 JULY 15, 2009 23 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE FISCAL YEAR ENDED JUNE 30, 2009 (FY2009 UNAUDITED) FY 2009 Additions/(Reductions) : Employer Contributions $ 11,842,752 Investment Income Net Depreciation in Fair Value of Investments Interest Dividends Other Total Investment Loss Less Investment Expense Net Investment Loss (69,643,465) 30,788 6,983,485 13,464 (62,615,728) 768,723 (63,384,451 ) Securities Lending Income Securities Lending Income Less Securities Lending Expense 454,338 269,026 185,312 Total Reductions FY 2008 $ 12,293,786 (31,949,221) 78,018 11,163,338 22,176 (20,685,689) 737,307 (21,422,996) 460,650 274,051 186,599 $ (51,356,387) $ (8,942,611) Deductions Benefits Paid to Participants Administrative Expenses Total Deductions $ 26,266,843 331 ,945 26,598,788 Net Decrease (77 ,955, 175) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance June 30 344,383,415 $ 266,428,240 24 $ 24,920,666 324,803 25,245,469 (34,188,080) 378,571,495 $ 344,383,415 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS JUNE 30, 2009 (FY2009 UNAUDITED) FY 2009 FY 2008 Assets :;--' Cash $ 854,136 $ 677,536 Investments, at Fair Value 290,367,539 369,099,569 Employer Contributions Receivable 94,988 515,873 Accrued Investment Income 56,118 69,144 \ Total Assets $ 291,372,781 $ 370,362,122 Liabilities and Net Assets Liabilities: Due to Other Funds Accounts Payable Payable for Cash Collateral on Loaned Securities $ 6,458 222,348 24,715,735 $ 283,843 25,694,864 Total Liabilities 24,944,541 25,978,707 Net Assets Held in Trust For Pension Benefits $ 266,428,240 $ 344,383,415 25 City of Roanoke, Virginia Report of City Manager Transfers Fiscal Year Ended June 30, 2009 Transfer Number Date Explanation From To Amount CMT08-00131 07/17/08 Litter Containers City Manager Contingency Solid Waste Management - $ 20,000 Refuse/Recycle CMT08-00153 08/22/08 Randall Grant Writing/Research Capital Project Grant Writing Services 36,000 Contract Contingency CMT08-00171 09/12/08 Professional Services for Capital Project Director of General Services 10,000 Implementation of the ICLEI 5 Contingency Step Process CMT08-00176 09/17/08 Capital Contribution to Gainsboro Capital Project YMCA Aquatic Center 15,000 Family Center YMCA Contingency CMT08-00184 09/30/08 Mini-grants/Donations for Citizen Contingency - General Police - Services 14,613 Police Academy, Sporting Event Fund Programs, Homeland Defense, and Project Lifesaver CMT08-00205 11/25/08 13th Street and Hollins Road Capital Project Reserve - 13th Street Widening Project 30,000 Project VDOT CMT09-00004 01/13/09 10th Street/Gilmer Avenue and Capital Project Reserve - 10th Street Widening Project 30,000 10th Street/Andrews Road VDOT Projects CMT09-00021 02/27/09 Professional Services for the Capital Project RCIT Infrastructure Extension 21,927 Roanoke Centre for Industry and Contingency Project Technology CMT09-00026 03/09/09 13th Street and Hollins Road Capital Project Reserve - 13th Street Widening Project 30,000 Project VDOT CMT09-00032 03/23/09 Weed and Trash Abatement Contingency - General Housing and Neighborhood 44,000 Program Fund Services CMT09-00072 03/27/09 Purchase of Property - 740 13th Capital Project 13th Street SW Properly 44,000 Street SW Contingency Acquisition CMT09-00072 03/27/09 Countryside Pool Demolition Capital Project Countryside Golf Course 11,210 Contingency Improvements Project CMT09-00082 04/21/09 Tuition Assistance Refund from Humal1 Resources Treasurer - VWCC Tuition 10,383 Virginia Western Community Program CMT09-00085 04/22/09 Deposits Made to DARE Camp Treasurer Police - Great Camp 14,500 CMT09-00086 04/23/09 Additional Funding Needed for City Manager Contingency Treasurer - Bank 34,511 Bank Charges and Postage Charges/Postage CMT09-00035 04/27/09 FY 2009 Budget Reductions for Public Works FY2009 Reductions 77,529 Public Works CMT09-00036 04/27/09 FY 2009 Budget Reductions for General Services FY2009 Reductions 12,629 General Services, Purchasing and Custodial Services CMT09-00037 04/27/09 FY 2009 Budget Reductions for General Services FY2009 Reductions 165,851 Building Maintenance and Custodial Services (Continued) 26 City of Roanoke, Virginia Report of City Manager Transfers Fiscal Year Ended June 30, 2009 Transfer Number Date Explanation From To Amount CMT09-00046 04/27/09 FY 2009 Budget Reductions for Human Resources FY2009 Reductions $ 28,177 Human Resources CMT09-00052 04/27/09 FY 2009 Budget Reductions for Fire FY2009 Reductions 59,853 Fire-EMS CMT09-00064 04/30/09 FY 2009 Budget Reductions for Sheriff FY2009 Reductions 101,744 Sheriff/Jail CMT09-00065 04/30/09 FY 2009 Budget Reductions for Commonwealth Attorney FY2009 Reductions 14,269 Commonwealth Attorney's Office CMT09-00071 04/30/09 FY 2009 Budget Reductions for Finance FY2009 Reductions 11,984 Billings and Collections CMT09-00042 05/01/09 FY 2009 Budget Reductions for Parks and Recreation FY2009 Reductions 70,319 Parks and Recreation CMT09-00044 ;05/01109 FY 2009 Budget Reductions for Parks and Recreation FY2009 Reductions . 63,058 Parks and Recreation CMT09-00045 05/01/09 FY 2009 Budget Reductions for Parks and Recreation FY2009 Reductions 12,303 Parks and Recreation CMT09-00047 05/01/09 FY 2009 Budget Reductions for Libraries FY2009 Reductions 25,000 Libraries CMT09-00049 '05/01/09 FY 2009 Budget Reductions for Police FY2009 Reductions 22,403 Police CMT09-00050 05/01/09 FY 2009 Budget Reductions for Police FY2009 Reductions 85,352 Police CMT09-00054 05/01/09 FY 2009 Budget Reductions for Planning, Building and FY2009 Reductions 13,436 Planning, Building and Development Development CMT09-00057 05/01/09 FY 2009 Budget Reductions for Planning, Building and FY2009 Reductions 13,880 Planning, Building and Development Development CMT09-00059 05/01/09 FY 2009 Budget Reductions for Human Services FY2009 Reductions 30,944 Human Services CMT09-00060 05/01/09 FY 2009 Budget Reductions for Human Services FY2009 Reductions 51,510 Human Services CMT09-00061 05/01/09 FY 2009 Budget Reductions for Human Services FY2009 Reductions 66,421 Human Services (Continued) 27 City of Roanoke, Virginia Report of City Manager Transfers Fiscal Year Ended June 30, 2009 Transfer Number Date EXDlanation From To Amount CMT09-00062 05/01/09 FY 2009 Budget Reductions for Human Services FY2009 Reductions $ 41,206 Human Services CMT09-00091 05/11/09 Reinstatement of Funding for FY2009 Reductions Parks and Recreation - 29,934 Aquatics Aquatics CMT09-00103 06/09/09 Courthouse Roof Replacement Municipal North Courthouse Roof 125,000 Renovations Replacement CMT09-00109 06/10/09 Emergency Generator at Public Capital Project Emergency Generator - 50,182 Works and Drain Covers for Contingency PWSC, Washington Park Pool Washington Park and Fallon and Fallon Park Pool CMT09-00108 06/17/09 10th Street/Gilmer Avenue and Capital Project Reserve - 10th Street Widening 30,000 10th Street/Andrews Road VDOT Projects CMT09-00126 06/26/09 Randall Funding Grant Writing GRTC Trolley Match Grant Writing Services 33,000 Services CMT09-00144 07/30/09 Summer Interns for Lick Run Mini Grant Donation - Parks and Recreation 11,432 Greenway Nature Trail; and the Contingency Dog Park at Highland Park CMT09-00172 08/18/09 FY 2009 Year End: Fleet Labor Police Library 17,800 Expenses; Library - Fees for Professional Services CMT09-00174 08/18/09 FY 2009 Year End: Internal Solid Waste Management. Sheriff, Fire, Parks and 57,500 Service Expenses Fleet Capital Billing Recreations and Human Services CMT09-00187 09/01/09 Year End Transfers for Market Solid Waste Management. Transfers to Market Building 290,000 Building and Civic Facilities Fleet Capital Billing and Civic Facilities Funds Funds CMT09-00188 09/01/09 Year End Transfer for Debt Solid Waste Management. Transfers to Debt Service 123,420 Service Fund Fleet Capital Billing Fund Notes: Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments from July through March and in any amount from April to June. The City Manager has the authority to make unlimited transfers within departments. The scope of this report is limited to interdepartment transfers that are $10,000 or greater. '- 28 Transfer Number Date City of Roanoke, Virginia Report of City Manager Contingency Fiscal Year Ended June 30, 2009 Explanation ContinQency Transfers: Balance of Contingency at July 1, 2008 CMT08-00131 B038232 CMT08-00206 CMT08-00215 CMT09-00032 CMT09-00086 07/17/08 09/15/08 12/02/08 12/19/08 03/23/09 05/05/09 Litter Containers Xerox Lease Weed and Trash Abatement Program Creative Communities Leadership Seminar/Consulting Weed and Trash Abatement Program Bank Charges and Postage Available Contingency at June 30, 2009 29 To Solid Waste Management - Refuse/Recycle Contingency Housing and Neighborhood Services Economic Development Housing and Neighborhood Services City Treasurer Amount $ 907,354 (20,000) 5,835 (32,968) (25,000) (22,779) (34,511) $ 777,931 " .. \J t' co c -- 0 c~ -- CO e>c -- (J) >~ ~ L- 0)0.. ~ro o .0 c c CO ~ o .- o::~ '+- C ow L- ~co I. (J) -- >- () en o o N 1ft o ~ CI) c :s .., cu u c C\1 C .- Cl)LI. .e.... ... 0 ~... .a c CI) " E !~ C\1 C\1 a. a. CI) CI). 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U 0 e (/) OJ 0"\ 0"\ V CO . - i.... 0 - 0.. 0"\ . CO . >OJ OJ --. OJ e "'0 o ON e ~OJ't Q) E 0 o..OJij:: ~~ > CO e (t(t~~~~~Z8(t~~~~~~~2 o ......., +-' Q) ~ L- eu ~ o 0 o 0 o o o o c o -- en en ::J () en -- o oes en c o -- ........ en (]) :::J o 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 16, 2009 CECEUA T. WEBB Assistant Deputy City Clerk R. Michael Amyx Executive Director Virginia Municipal League P. O. Box 12164 Richmond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 38591-090809 designating the Honorable Sherman P. Lea, Vice-Mayor, as Voting Delegate and the Honorable Court G. Rosen, Council Member, as Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League, and designating Darlene L. Burcham, City Manager, as Staff Assistant. for any meetings of the Urban Section of the Virginia Municipal League to be held on Tuesday, October 20, 2009, Roanoke, Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 8, 2009. Sincerely, ~m. h1o~ Stephanie M. Moon, CMC "--- City Clerk SMM:ew Attachment pc: The Honorable Vice-Mayor Sherman P. Lea The Honorable Court G. Rosen, Council Member Darlene L. Burcham, City Manager ~ '" IN THE COuNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 2009. No. 38591-090809. , , A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings ofthe Urban Section ofthe Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session ofthe Virginia Municipal League to be held during the League's 2009 Annual Conference scheduled for October 18-20,2009 in Roanoke, Virginia, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Sherman Lea is hereby designated Voting Delegate, and The Honorable Court Rosen is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2009 Annual Conference, Darlene Burcham shall be designated Staff Assistant. 3. The City Clerk is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate, and Staff Assistant and to forward such forms to the League. ATTEST: ~m.mo~ City Clerk.. L. CERTIFICATION OF VOTING DELEGATE AND ALTERNATE BUSINESS SESSION Virginia Municipal League Annual Conference Roanoke, Virginia Tuesday, October 20, 2009 Voting Delegate: Name The Honorable Sherman P. Lea Title Vice-Mayor Locality Roanoke City ------------------------------------------------------------ Alternate Voting Delegate: Name The Honorable Court G. Rosen Title Council Member Locality Roanoke City ----------------------------------------------------------- Certified by: Name Stephanie M. Moon Title City Clerk Locality Roanoke City Return by October 6, 2009 to: Virginia Municipal League P.O. Box 12164 Richmond, Virginia 23241 FAX: (804) 343-3758 ATTACHMENT A CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 15,2009 Ms. Marie E. Greene 4652 Nelms Lane, N. E. Roanoke, Virginia 24019 Dear Ms. Greene: At a recessed meeting of the Council of the City of Roanoke held on Tuesday, September 8,2009, you were appointed as a member of the Fair Housing Board to replace Elizabeth Stone for a term ending March 31,2012. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been. administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Ms. Marie E. Greene September 15, 2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member'of the Fair Housing Board. Sincerely, ~ l'f\. ~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosu res pc: Christy L. Cooper, CHair, Fair Housing Board, 3731 Cove Road N. W., Roanoke, Virginia 24017 John W. Moorefield, Secretary, Fair Housing Board, w/attachment Jonathan E. Craft, Deputy City Clerk Cecelia T. Webb, Assistant Deputy City Clerk COMMONWEALTH OF VIRGINIA .) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a recessed meeting of Council which was held on the eighth day of September. 2009, MARIE E. GREENE was appointed as a member of the Fair Housing Board to replace Elizabeth Stone for a term ending March 31 , 2012. Given under my hand and the Seal of the City of Roanoke this fifteenth day of September 2009. A~ tn. YYJbOv,., City Clerk . L ( 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 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 15,2009 Ms. KarenaJ. Clinton 1014 Pechin Avenue, S. E Roanoke, Virginia 24013 Dear Ms. Clinton: At a recessed meeting of the Council of the City of Roanoke held on Tuesday, September 8, 2009, you were appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Clarice Walker ending June 30, 2012. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Ms. KarenaJ. Clinton September 15, 2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood Advocates. Sincerely, ~n-,. ~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosu res pc: Jeff Campbell, Chair, Roanoke Neighborhood Advocates, 424 Highland Avenue S. W., Roanoke, Virginia 24016 Robert A. Clement, Jr., Housing and Neighborhood Services, Neighborhood Services Coordinator w/application Jonathan E. Craft, Deputy City Clerk Cecelia T. Webb, Assistant Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a recessed meeting of Council which was held on the eighth day of September 2009, KARENAJ. CLINTON was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Clarice Walker ending June 30, 2012. Given.under my hand and the Seal of the City of Roanoke this fifteenth day of September 2009. ~'vv\.~. 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: c1erk@roanokeva.gov JONATHAN E.CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECEUA T. WEBB Assistant Deputy City Clerk September 15, 2009 Ms. Heather R. Gerbus 224 Eugene Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Gerbus: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 8, 2009, you were appointed as a member of the Youth Services Citizen Board, to replace JoAnn Edmunds for a term ending May 31,2012. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which shall be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, s. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required lito read and become familiar with provisions of the Act." Ms. Heather R. Gerbus September 15, 2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Services Citizen Board. Sincerely, ~f:-ll~~~;~ (i]. IYldlw ~=~. Moon, bMC City Clerk Enclosures pc: Sherman P. Lea, Jr., Chair, Youth Services Citizen Board, 3773 Norway Avenue, N. W., Roanoke, Virginia 24017 Michael Clark, Youth Services w/application Jonathan E. Craft, Deputy City Clerk Cecelia T. Webb, Assistant Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke. and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighth day of September 2009, HEATHER R. GERBUS was appointed as a member of the Youth Services Citizen Board, to replace JoAnn Edmunds for a term ending May 31,2012.. Given under my hand and the Seal of the City of Roanoke this fifteenth day of September 2009. A~r~.~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 15, 2009 Ms. Judy Jackson 1211 Orange Avenue, N. W. Roanoke, Virginia 24017 . Dear Ms. Jackson: At a regular meeting of the Councir of the City of Roanoke which was held on Tuesday, September 8, 2009, you were reappointed as a member of the Roanoke Civic Center Commission, for a term of three years ending September 30,2012. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which shall be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Ms. Judy Jackson September 15, 2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Roanoke Civic Center Commission. Sincerely, ~ fI7. fr[6D'N Stephanie M. Moon, CMC City Clerk Enclosures pc: Chris Connolly, General Manager, Roanoke Civic Center-Global Spectrum, 710 Williamson Road, N. E., Roanoke, Virginia 24016 Jonathan E. Craft, Deputy City Clerk Jean Woodward, Secretary Cecelia T. Webb, Assistant Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighth day of September 2009, JUDY JACKSON was reappointed as a member of the Roanoke Civic Center Commission, for a term of three years ending September 30,2012. Given under my hand and the Seal of the City of Roanoke this fifteenth day of September. 2009. ~n..~ 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 JONATHAN E. CRAFT Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECEUA T. WEBB Assistant Deputy City Clerk September 11, 2009' Dale Anthony Edmonston 3624 Melrose Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Edmonston: At the regular meeting of the Council of the City of Roanoke held on Tuesday, September 8, 2009, the City Clerk advised of your resignation as a member of the Human Services Advisory Board for a term ending November 30, 2010. The Members of City Council requested that I express sincere appreciation for your service to the City of Roanoke as a member of the Human Services Advisory Board, from August 6, 2007 to September 8, 2009. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ~~.~ Stephanie M. Moon, CMC City Clerk Enclosure pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board Jonathan E. Craft, Deputy City Clerk Cecelia R. Webb, Assistant Deputy City Clerk lj';'." > 2l '"C:l '"C:l ~ ~ 0 0 <: n tI1 > 0 0 n ~;:5 ~ 0 >0 Z trl ><> ==3 --3 ~ O. ~ttl ~o =: e ~ 0 """" ~ zZ en ~ ~ ~ ~ tI1 00 > ~ ~ tr.l"TJ ...... ~ n CI.l ...... t'"'4 ~O --3 --3~en> > O~ =: o tr.len ~ ~ enO:::o> ~ ~ --3 en 0 tr.l~<~ > trl 0--3 "'1j """" . CI:l --3~ > --3>ntr.l ~ tn 0 ~ tr.lc:::tr.l~ ~O 0 ~oento ~ Z ~ n2l "TJ C>tr:l ~ ~ > ==30 tr.lenO:;:tl tn :;:tl--3<0 0 0 ~ ~~ en ~OO ~O\ (ij "TJ ~ ~ z ~ oto NNO--3 0 ~ "TJC --3 OO:;:tl=: rJ.J :;:tln ~ ~8~tr.l ~ Oen to 0 n ~~ to 0 ~ ~ ~ Z > CI.l 0< ~ >-3 ~g (ltI1 ~ ......'"C:l > ~ 0 ~~ >-3 ~ N trl 0 Z 0 Pm CI.l ==3 \0 ~~ ~ ~ ~. ~, ~ 0 0 z ROANOKE CITY COUNCIL PERSONNEL COMMITTEE SEPTEMBER 16 - 1 7, 2009 7:00 A.M. / CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--RolI Call. All Present. 2. Statement of Purpose. Gwen Mason, Chair. 3. Introduction of Consultant Firm. 4. Discussion of Recruitment and Selection Process and Associated Items. 5. Comments by the Personnel Chair and Members of the Committee. 6. Closing Comments. 7. Adjourn - 09/17/09. L:\CLERKIDA T A \CKSM 1 \Agenda.09\Personne1 Committee Agenda.doc CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.w. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVID A. BOWERS Mayor September 15, 2009 The Honorable Vice-Chair'and Members of the Roanoke City Council Personnel Committee Roanoke, Virginia Dear Vice-Chair Cutier and Members of Council: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle Pursuant to Section 10, Meetings of Council Generally, of the Charter of the City of Roanoke, I am calling a special meeting of the Council (Personnel Committee) on Wednesday, September 16, 2009 at 7:00 a.m., in Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. The purpose of this meeting is to meet with Colin Baenziger & Associates to receive information about the recruitment and selection process, the schedule for hiring a City Manager, and associated items. Sincerely, ~ . Mason, Chairman el Committee GWM:jec Pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk Troy A. Harmon, Municipal Auditor