HomeMy WebLinkAboutCouncil Actions 12-07-09
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38654-120709
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ROANOKE CITY
PUBLIC SCHOOLS
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ROANOKE CITY COUNCIL
ROANOKE CITY SCHOOL BOARD
STATE LEGISLATORS
DECEMBER 7,2009
9:00 A.M.
EOC CONFERENCE ROOM
ROOM 159
AGENDA
1. Call To Order/Roll Call. All Present
2. Welcome. Mayor Bowers.
3. Presentation of the City/School 2010 Legislative Program.
4. Remarks by Council Members, School Board Trustees, and Staff.
5. Remarks by Senator Edwards, Delegate Ware, and Delegate-Elect
Cleaveland. .
AT 10:45 A.M., THE CITY COUNCIL MEETING WAS RECESSED AND RECONVENED TO
CONSIDER THE FOLLOWING AGENDA ITEMS:
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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 (7-0). Withdrawn at adjournment of 2:00 p.m. session.
A communication from Council Member Court G. Rosen requesting that Council convene in a
Closed Meeting to discuss the award of a public contract involving the expenditure of public funds
and to discuss the terms or scope of such contract, where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended.
Approved (7-0).
A communication from the City Manager requesting that Council convene in a Closed Meeting to
discuss the disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
Approved (7-0).
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.
Approved (7-0).
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANO,I:<E CITY
SCHOOL BOARD TO BE HELD ON JANUARY 4, 2010 AT 9:00 AM., IN THE EOC
CONFERENCE ROOM, ROOM 159, FIRST FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING.
Suggested agenda items to be referred 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
Briefing on City MarketlF armers' Market.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE.
BRIEFINGS:
. Creative Connectors
30 minutes
At this point, Council Member Trinkle left the meeting (11 :43 p.m.)
. Recovery Zone Facility Bonds
30 minutes
At 1 :20 p.m., the Council meeting was declared in recess for a Closed Meeting and
reconvened at 2:00 p.m., in the Council Chamber.
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ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 2009
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
(1. Call to Order--RolI Call. All Present.
The Invocation was delivered by The Reverend Cedric E. Malone, Pastor, Greater
Mount Zion Baptist 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:
T9day's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, December 10 at 7:00 p.m., and Saturday, December 12 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES
AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING
TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 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.
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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:
Recognition of James Taylor, former City employee.
Presented ceremonial copy of proclamation to Mr. Taylor in recognition of his
retirement.
Introduction of the new Manager of Economic Development for the City of Roanoke.
Recognized Robert Ledger, Manager of Economic Development.
Presentation with regard to the "Gold" LEED Certification recently awarded. to the
Williamson Road Fire Station; Monica Rokicki, Incoming Chair, United States Green
Building Council.
Ms. Rokicki presented the City with a plaque in recognition of its LEED Certification.
The Mayor presented certificates to all participants.
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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 REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL.
Robert Gravely, Anita Wilson, Mark Woods, Mark Kary, and Evelyn Bethel.
DISCUSSION WAS HELD WITH REGARD TO MARKET AREA DEVELOPMENTS FOR
CENTER IN THE SQUARE AND CITY MARKET BUILDING.
At 4:36 p.m., the Council meeting was declared in recess and reconvened at 4:45
p.m., for continuation of the 2:00 p.m. session.
4.
CONSENT AGENDA
(APPROVED 7-0, AS AMENDED (Item C-5)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meeting of Council held on Monday, September 8,2009 and
a meeting of the City Council Personnel Committee held on Wednesday, September 16,
2009.
RECOMMENDED ACTION: Dispensed with the reading of the minutes and
approved as recorded.
C-2 A communication from Mayor David A Bowers requesting that the Council consider
creating a Bid Committee.
RECOMMENDED ACTION: Referred to the Council for review and consideration.
C-3 A communication from the City Manager requesting that Council authorize the
advertisement of bids and schedule a public hearing and opening of bids ,for Monday,
December 21,2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, with
.regard to a Parking License Agreement for twenty reserved parking spaces in the City's
Center in the Square Parking Garage.
RECOMMENDED ACTION: Concurred in the request.
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C-4 A communication from the City Manager requesting that Council authorize the
advertisement of bids and schedule a public hearing and opening of bids for Monday,
December 21,2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, for an
air rights lease for the pedestrian bridge that exists between 204 Jefferson Street and the
Center in the Square Parking Garage.
RECOMMENDED ACTION: Concurred in the request.
C-5 A communicationfrom the City Manager recommending adoption of the Calendar of
Events for Budget Preparation Activities for Fiscal Year 2010-2011.
RECOMMENDED ACTION: Concurred in the recommendation. The Financial
Planning Work Session will be held on Friday, February 9,2010, at 8:30 a.m.
C-6 Minutes of the Audit Committee held on Monday, June 1, 2009.
RECOMMENDED ACTION: Received and filed.
C-7 A communication from Deirdre J. Martin, Secretary, City of Roanoke Electoral
Board, transmitting an Abstract of Votes cast in the General Election held in the City of
Roanoke on November 3, 2009.
RECOMMENDED ACTION: Received and filed.
C-8 Reports of qualification of the following individuals:
Alison S. Blanton as a member of the Architectural Review Board for a four year
term ending October 1,2013;
Gilbert E. Butler, Jr., as a Commissioner of the Roanoke Redevelopment and
Housing Authority, Board of Commissioners, for a four year term ending August 31,
2013; and
Brian K. Redd as a Director of the Economic Development Authority for a term
commencing November 16, 2009 and ending October 20,2013.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS:
a. Proposal of the City of Roanoke to convey a 6.020 acre City-owned parcel to
Coyner Springs Community Cemetery, Inc., for use as an "at need only" non-profit
community cemetery. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38654-120709. (7-0)
6. PETITIONS AND COMMUNICATIONS: NONE.
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7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Approval of additional holiday time consisting of all day on Thursday,
December 24, 2009, and a half day on Thursday, December 31,2009 for all
city employees.
Adopted Resolution No. 38655-120709. (7-0)
2. Appropriation of funds in connection with the 21 st Century Community
Learning Center grants foruse by the Roanoke Public Libraries.
Adopted Budget Ordinance No. 38656-120709. (7-0)
COMMENTS BY CITY MANAGER.
Announcements
· Second Public Meeting - City Hall without Walls to be held at
William Fleming High School from 6:00 p.m. - 8:00 p.m., on
Tuesday, December 8.
· Code Enforcement 1010 on December 12 at 8:30 a.m., in the EOC
Conference Room.
b. CITY ATTORNEY:
1. Amendment of the City Code to revise the City's noise ordinance.
Adopted Ordinance No. 38657-120709. (7-0)
c. DIRECTOR OF FINANCE:
1. Adoption of recovery zone(s) and approval of projects funded by the
Recovery Zone Economic Development Bonds and the Recovery Zone
Facility Bonds.
Adopted Resolution Nos. 38658-120709, 38659-120709, and 38660-
120709. (6-0, Council Member Trinkle abstaining)
Director of Finance instructed to submit a report regarding the
recommended project for approval for issuance of Recovery Zone
Facility Bonds at the Council meeting on Monday, December 21.
8. REPORTS OF COMMITTEES: NONE.
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9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
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.
AT 5:35 P.M., THE C,OUNCIL MEETING WAS DECLARED IN RECESS FOR
CONTINUATION OF CLOSED MEETINGS IN THE COUNCIL'S CONFERENCE ROOM.
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AT 6:08 P.M., THE COUNCIL MEETING RECONVENED IN THE COUNCIL CHAMBER.
CERTIFICATION OF CLOSED MEETING (7-0, WITH OMISSION OF CLOSED MEETING
ON VACANCIES.)
12. ADJOURN - 6:08 P.M.,
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CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, ,:?,w., SUITE 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVIDA. BOWERS
Mayor
December 7, '2009
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
s::;Q~
David A Bowers
Mayor
DAB:ctw
.:1.:, ~ C.- ~ \\'(.1 t,f!~i r!",:" w',
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
December 7, 2009
Council Members
M. Rupert Cutler
Sherman P. Lea
Gwen W. Mason
Anita J. Price
Court G. Rosen
David B. Trinkle
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subj ect: Request for closed meeting
Dear Mayor Bowers and Council Members:
This is to request that City Council convene a closed meeting for the discussion of
the award of a public contract involving the expenditure of public funds, and discussion
of the terms or scope of such contract, where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to S Sec. 2.2-3711.A.29, of the Code of Virginia (1950), as amended. '
~~
Court G. Rosen
Member of Council
CGR/WMH/lsc
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann Shawver, Director of Finance
Stephanie M. Moon, City Clerk
K:\Measures\CLOSED MEETING Rosen,doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva.gov
December 7, 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 to discuss the disposition of
publicly-owned property, where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body, pursuant to S2.2-3711.A.3, Code of Virginia
(1950), as amended.
Respectfully submitted,
Darlene L. Burc am
City Manager
DLB/lsc
c: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATTORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: cityatty@roanokeva.gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANTCITY ATTORNEYS
December 7, 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
S2.2-3711.A.7, Code of Virginia (1950), as amended.
With kindest personal regards, I am
Sincerely yours,
GJ~M~~
William M. Hackworth
City Attorney
WMH/lsc
c: Darlene L. Burcham, City Manager
Ann Shawver, Director of Finance
Stephanie Moon, City Clerk
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201,0
LEGISLATIVE PROGRAM
CITY OF ROANOKE
Carvins Cove Natural Reserve
Includes a conservation easement that permanently protects
a total of 11 ,363 acres of open space.
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CITY COUNCIL
SCHOOL BOARD
David A. Bowers, Mayor
David B. Carson, Chair
Sherman P. Lea, Vice-Mayor
Jason E. Bingham, Vice-Chair
Dr. M. Rupert Cutler
Mae G. Huff
Gwen W. Mason
Suzanne P. Moore
Anita J. Price
Courtney A. Penn
Court G. Rosen
Todd A. Putney
Dr. David B. Trinkle
Lori E. Vaught
CITY MANAGER
SUPERINTENDENT
Darlene L. Burcham
Dr. Rita D. Bishop
William M. Hackworth
City Attorney
464 Noel C. Taylor Municipal Building
Roanoke, VA 24011
540-853-2431
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INTRODUCTION
The City Council is pleased to commend this Legislative Program for consideration by
the 2010 Session of the General Assembly. The City Council, representing all the people of
our All-America City, is uniquely qualified to understand the legislative needs of City
government and our people. We are of the opinion that this Program, is responsive to those
needs. As a policy matter, we continue to believe that local governments are the best vehicles
for the delivery of many services to the public because local governments are closest to the
people and the most responsive. We continue to be concerned about the cumulative effect of
. Federal and State legislative and regulatory mandates, many of which are unfunded, the
continued erosion of local revenue sources, and the State's fiscal woes.
This Program is a combined Program for City Council and the School Board. You will note
that we have made a conscientious effort to pare our Program down to the issues that we
believe are most important to the citizens of this City. The City Council portion was prepared
by the City Attorney, William Hackworth, with the assistance of comments and suggestions
from Council members, City administrators, and citizens. The School Board portion was
prepared with the assistance of advice and comments from the School Board and
administrators. The entire Program has been carefully reviewed by City Council's Legislative
Committee, which consists of all the members of Council, and Todd A. Putney, and Lori E.
Vaught of the School Board. Upon the recommendation of the Legislative Committee, the
Program was adopted and endorsed by City Council on November 16, 2009. See Resolution
No. 38647-111609 a copy of which is attached.
If during the course of the Session our legislators have questions concerning the position
of the City or School Board on legislative matters, they are encouraged to contact us. I also
know that representatives of the City and School Board will be in contact with our legislators
on many occasions during the 2010 Session, and their consideration of these communications is
deeply appreciated. With the support of our legislators, and this City is fortunate to have
legislators who are most supportive and responsive to the needs of our City and its citizens, I
know that our City government and School Division will be improved and that the quality of
life for our citizens will be advanced.
flf 18(09
SJ~
David A. Bowers, Mayor
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2010 Legislative Program
Legislation Requested
TransDominion Express Commission. Sen. Edwards has proposed legislation which would
establish the TransDominion Express Commission to be responsible, with the TransDominion
Corridor, for identifying needed construction, reconstruction, improvements of or repaired to
railroads and their facilities and equipment to provide enhanced passenger rail service
coordinated with freight rail opportunities within the Corridor. The Commission may finance or
assist in financing any rail transportation project. (Sen. Edwards patroned S.B. 863 in 2009; it
was left in committee. It would have repealed Chapter 1041 of the 2003 Acts of Assembly,
which provided for the creation of a Rail Transportation Development Authority but never
became effective because its "reenactment clause" was never satisfied)
Passenger Rail Service. The City of Roanoke supports the proposal to extend passenger rail
service from Bristol through Roanoke and on to Lynchburg and then to Washington, D.C. and
Richmond, Virginia (the "TransDominion Express"). Roanoke is the largest city in Virginia
without passenger rail service. The 2000 General Assembly provided $9 million in preliminary
funding for this important economic development initiative. The City supports the additional State
funding necessary to place the service into operation. Priority should be give to instituting
passenger rail service between Roanoke and Lynchburg, to enable residents of this region access to
passenger rail service. Until this can be accomplished, funding should be made available to
institute bus service between Roanoke and Lynchburg, coordinated with train schedules. (Senator
Edwards patroned S.B. 864 in 2009; it failed to report from the Finance Committee.)
Delinquent Parking Tickets. Section 46.2-752.J, Code of Virginia, authorizes localities to
enter into an agreement with the Commissioner of the Department of Motor Vehicles whereby
the Commissioner agrees to refuse to issue or renew any vehicle registration for anyone who
owes that locality local vehicle license fees or delinquent tangible personal property tax or
parking citations. However, the provision relating to parking citations only applies to citations
issued to residents of such locality. As a result, the City has difficulty collecting unpaid parking
citations issued to non-residents, mostly from nearby localities. The City has approximately
1,500 unpaid accounts of this type. The limitation in Section 46.2-752.5 to parking citations
issued to residents of the locality should be removed. [H.B. 133 introduced by Delegate Ware in
2008 Session; reported from committee, but did not pass in the House.]
Dog Rabies Vaccination Reporting Requirements. Section 3.2-6529, Code of Virginia,
requires veterinarians who administer rabies vaccinations to dogs to send a certification of such
vaccination "to the treasurer of the locality where the vaccination occurs." This causes
treasurers throughout the Commonwealth to have to forward such certificates to the treasurer of
the jurisdiction of the dog's owner. Section 3.2-6529 should be amended to require
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veterinarians to send dog rabies certificates to the treasurer of the jurisdiction in which the
owner of the dog resides, and a standardized reporting form for this should be specified.
Fee for "Stop Payment Checks". Section 8.01-27.1, Code of Virginia, authorizes localities to
charge a "bad check return fee" to citizens who write checks to the localities with insufficient
funds in their accounts to cover them. Some citizens write checks to localities, then have their
bank "stop payment" on the checks. Section 8.01-27.1 was amended in 2009 to authorize
localities to impose a similar fee on citizens who write checks, then stop payment on them. A
similar statute, Section 15.2-106, Code of Virginia, also needs to be amended, in the same
fashion. (Requested by Evelyn Powers, City Treasurer.)
Virginia's First Regional Industrial Authority. The City, along with fourteen other
jurisdictions, is a member of Virginia's First Regional Industrial Authority. The Authority's
Board has proposed amending Section 15.2-6415, Code of Virginia, pertaining to the
withdrawal of jurisdictions from such an authority, to permit localities to withdraw with the
approval of a majority of all the other members of the authority (as opposed to the current
requirement that such approval be unanimous), provided that a withdrawing member must pay,
or arrange to pay, its share of any debt incurred by the authority, and that it pledge to pay its
annual dues to the authority for two years after withdrawing. The City supports this proposal.
Legal Advertising. The City and its citizens expend tens of thousands of dollars annually to
publish legal ads in newspapers, as required by various State laws for various types of notices.
State law should be changed to permit some of these notices to be given by the Internet or by
radio or television, in order to reduce costs, or the required number of publications of such ads
should be reduced.
Examples:
Section 15.2-2285. Notice of all zoning text amendments and rezonings must be
advertised twice before they are considered by the planning commission, then twice again
before being considered by the governing body.
Section 15.2-2606.A. Two ads must be published for all public hearings on
bond issues.
Section 15.2-3107. Two ads must be published before localities can agree on
voluntary boundary line adjustments.
Section 15.2-107. Two ads must be published before zoning or subdivision
fees, or sewer and. water fees, can be imposed or raised.
Business Licenses. Section 58.1-3700, Code of Virginia, authorizes localities to adopt
ordinances requiring that no business license be issued to an applicant who is delinquent in the
payment of certain taxes, such as business license taxes, personal property taxes, etc. The
statute does not, however, prohibit a delinquent taxpayer from obtaining licenses for new
businesses (as opposed to renewing an existing business license). It should be amended to
prohibit this.
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Other Legislative Priorities
Requests related to quality of life/public health. safety and welfare
Preserve Sovereign Immunity. On October 23,2009, the Boyd-Graves Conference (composed
of lawyers who represent the interests of both plaintiffs and defendants) voted to recommend
that the sovereign immunity of Virginia localities be limited, and that the Virginia Tort Claims
Act be extended to apply to localities. The Act currently applies to the Commonwealth. One
justification cited for this action is that the current system of tort liability is cqnfusing and
unfair, in that counties have total sovereign immunity, which cities have liability for injuries
incurred during the performance of a "proprietary" function, but have immunity when injuries
are incurred during the performance of a "governmental function".
Abolishing sovereign immunity could be very expensive for the City's taxpayers. The City
opposes placing the City and other localities under the Virginia Tort Claims Act.
Outdoor Lighting. Legislation is requested which would authorize the City to regulate,
through its zoning ordinance, exterior illumination levels of the lighting on new buildings and
structures. Albemarle and Prince William Counties (see ~ 15 .2-504.1, Code of Virginia) and
Arlington County (see ~ 15.2-742, Code of Virginia) have this authority.
Rental Inspection. Amend Section 36-105.1: 1, Code of Virginia, to authorize localities that
have rental inspection programs to require the owner of any multifamily development with more
than ten dwelling units to erect a sign on the property identifying the name, address, and phone
number of the person or entity that manages the development. (Proposed in 2009 by informal
blight study group of certain localities in which the City participated.)
Recycling. Seek legislation authorizing the City (or all localities which are required by the State
to attain a 25% recycling rate) to require all of its citizens to recycle such materials as are
specified by the City. (Requested by Skip Decker, Division Manager, Solid Waste
Management.)
Smoking in Public Places Outdoors. Enabling legislation should be enacted to authorize
localities to regulate or prohibit smoking in defined areas outdoors, such as in proximity to the
entrance to buildings, in recreational areas, and in areas where children's programs are being
conducted.
Cigarette Butt Deposits. Enabling legislation should be adopted authorizing localities to
impose a refundable fee on each cigarette sold; the refund would be made up on the return of the
cigarette "butt". (Suggested by Council member Gwen Mason.)
Vacant Building Registration. Section 15.2-1127, Code of Virginia, authorizes cities, by
ordinance, to require the owners of buildings that have been vacant for a continuous period of
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twelve months or more to register such buildings on an annual basis, and to impose an annual
registration fee not to exceed $25.00. This registration fee is inadequate, and should be
increased to an amount "not to exceed $250.00."
Agents for Rental Units. Section 55-218.1 of the Code of Virginia requires property owners
who own four or more units in the Commonwealth of Virginia, but do not reside in the
Commonwealth themselves, to maintain an agent who is a resident of the State. It is difficult to
serve summons and other notices on property owners who do not live in the same locality,
delaying action to address blight. The General Assembly is requested to amend this Code
section to require that the property owner's leasing agent or representative operate in the same
locality as the property or in an adjacent locality. The legislation could be limited to apply only
in those localities, such as Roanoke, which have a significant percentage of houses that are
rented. In 2000, only 52% of the housing in the City was owner-occupied. [H.B. 264 introduced
by Delegate Ware in 2008 Session; substitute Bill passed.]
Rental Inspection. Section 36-105.1:1, Code of Virginia, should be amended to permit
localities with rental inspection programs to inspect rental units covered by such program to be
inspected upon every change in occupancy, as was permitted prior to July 1, 2005, when this
section was amended. [H.B. 174 introduced by Delegate Ware in 2008 Session; left in
committee. ]
Requests related to law enforcement/domestic violence.
Domestic Violence Offense. Legislation should be adopted establishing a requirement that
prosecution of any domestic violence offense involving a knife or a gun be expedited.
(Suggested by Roanoke Domestic Violence Task Force.)
Sale of Spray Paint. Legislation should be enacted that would prohibit the sale of spray paint
to minors, unless accompanied by an adult. (Requested by Police Department.)
Definition of Prostitution. The definition of "prostitution" in Section 18.2-346, Code of
Virginia, should be amended. To convict someone of prostitution, three elements of the crime
must be established: an agreement to perform a sex act, an agreement to exchange money or its
equivalent for such act, and then the performance of a "substantial act" in furtherance of the
crime. According to the Police Department, the "substantial" requirement makes it difficult to
convict those guilty of prostitution. It is suggested that either this word be deleted, or replaced
with the word "intentiona1." (Requested by Police Department.)
Revenue related requests.
Restore State Budget Cuts. The State should restore the funding reductions on local aid made
during the last legislative session, and not make any further reductions in local funding.
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Drug Court. State funding should be maintained for the City's very successful drug court.
Abused and Neglected Animals. By State law, localities are required to provide emergency
veterinary treatment for animals found to be abandoned, abused, or neglected. Most of these
animals have been abandoned, their ownership unknown, and they are unclaimed. At a
minimum emergency veterinary care costs $125.00. Last year, the Police Department expended
over $13,000.00 for such care. The City requests that legislation be adopted requiring every
person convicted of an animal-related offense under State or local law pay a fee of $15.00,
which fee may be used by localities to help cover the expense of providing emergency
veterinary care.
Sales Tax Payments by State. Section 58.1-605.F, Code of Virginia, gives the State
Department of Taxation a six month time period in which to distribute to localities sales taxes
that are incorrectly paid to another locality, after an audit reveals that an incorrect distribution of
such taxes has been made. Localities owed such taxes lose interest on such payments if not paid
promptly to the correct locality. It is proposed that the six month time period permitted for such
payments be reduced to thirty days. (Requested by Dana Long, Manager, Billings and
Collections. )
Penalty for Untaxed Cigarettes. Section 58.1-3832.5, Code of Virginia, provides that localities
may impose a penalty for fraud or evasion of payment of a cigarette tax, but limits the penalty to
an amount not to exceed fifty percent of the tax owed. At the current tax rate of $.57 per carton,
the maximum penalty which may be imposed is $.27 per carton. This limit should be increased,
or a penalty in a stated dollar amount authorized. (Requested by Dana Long, Manager, Billings
and Collections.)
Untaxed Cigarettes. Section 58.1-3832.5, Code of Virginia, authorizes localities to adopt
ordinances making it a misdemeanor for persons to possess more than six cartons of untaxed
cigarettes. This should be amended to make it a misdemeanor to possess any amount of untaxed
cigarettes. (Requested by Dana Long, Manager, Billings and Collections.)
Fee for Domestic Violence and Domestic Related Offences. Adopting enabling legislation
authorizing localities to impose a fee of $50.00 on those convicted of domestic violence and
domestic related offenses would help offset the expense of domestic violence investigations and
provide services to victims. This fee would be separate from and in addition to any fine and/or
costs otherwise imposed by the courts. (Suggested by the Roanoke Domestic Violence Task
Force.)
Fee for Transporting Arrestees. Legislation should be adopted authorizing localities to impose
a fee ($5.00 is suggested) for each time an arrestee must be transported by local law
enforcement, such as transporting them to a holding facility, such fee to be imposed upon the
person if convicted of the crime for which he or she was arrested. Such fee would be used to
offset the cost of transporting arrestees. (Requested by Roanoke City Police Department.)
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Conservation Easements. The State should provide some incentive, financial or otherwise, for
localities which place land owned by them under a conservation easement, such as assisting in
paying for any necessary surveys.
Requests related to 2eneral 2overnment.
Advisory Referenda. The City Charter should be amended to permit non-binding advisory
referenda to be conducted in conjunction with general elections. In 2004, Sen. Edwards
introduced S.B. 133, which would have amended the City's Charter to permit such referenda, if
initiated by Council "on any proposed question or group of questions relating to the affairs of
the City" or initiated by a petition signed by a number of voters equal to ten percent of the
number of the largest number of votes cast in any general or primary election held in the City
during the preceding five years. (The bill was left in committee).
FOIA. An exemption should be added to Section 2.2-3711 of the Freedom of Information Act
to permit governing bodies to discuss in closed meetings the granting of economic development
incentives for projects which already have been announced publicly.
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Vin~inia First Cities
The City supports the following proposed Virginia First Cities 2010 Legislative
Agenda, which is scheduled to be approved December 11:
PRESERVE EXISTING STATE AID TO LOCALITIES
Preserving state funds for programs directed primarily to urban populations is
VFC's highest priority. Any state cuts must minimize and not have a
disproportionate impact on localities with high fiscal stress, high poverty
concentrations, and aging urban infrastructure.
VFC Priority Programs
At-risk Education Incentive Programs
State Aid to Local Police Departments (HB 599)
CSA
CSB's
Local Jails and Per Diems
Juvenile Justice Assistance
Enterprise zone program
Street maintenance payments
Public transit
Generate Additional State Revenues - The General Assembly should raise
revenues or roll back tax relief to adequately fund state general fund and
transportation responsibilities.
During the recession, the state should refrain from passing additional local
unfunded mandates and postpone the implementation of costly regulations with a
local fiscal impact.
EDUCATION/PREVENTION
At-risk education and other dropout prevention programs are VFC priorities. They
are crucial to reducing unemployment and crime, which have high costs for the
state, localities and citizens.
· The At-Risk Add-On, K-3 Class Size Reduction, and Virginia Preschool
Initiative and other education incentive fund programs are responsible for
improving SOL and NCLB test scores and standards of achievement and
reducing student dropout rates.
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. Evidence from other states suggests more, not less funding, is needed for
prevention programs to boost graduation rates and ensure an employable
workforce.
. Maintain access to the "Smart Beginnings" initiative and the successful
"Healthy Families" program.
URBAN REVITALIZATION
· Brownfields Assessment: Fund Phase II property assessments to facilitate the
reuse and redevelopment of brownfield sites. Each brownfield site brought into
re-use leverages an average of $16 million in private investment and creates an
average of 31 full-time and 44 part-time jobs.
. Eminent Domain: Oppose an Eminent Domain Constitutional Amendment.
Eminent domain laws were changed substantially in 2007 making a
constitutional amendment unnecessary.
· Enterprise Zone Program: Fully fund the State Enterprise Zone Program.
TRANSPORTATION/LAND USE
· Enact state transportation revenue Increases to adequately support the
transportation network.
. Oppose shifting additional general funds to transportation
. Exempt street maintenance payments from VDOT reductions.
· Maximize state funding for public transportation and provide strong incentives
for participation by all localities in the provision of regional pubic
transportation service.
. Provide state dedicated funds for intercity passenger rail operating separate
from the mass transit fund.
· Support state transportation land use policy initiatives that encourage city
redevelopment and discourage dispersed development.
ADMINISTRATION OF GOVERNMENT
· Provide state incentives and additional local tools to encourage regional
approaches to service delivery (e.g. health and human services, comp board).
· Request a study of the regionalization of service delivery to promote greater
equity and efficiency.
· Support legislation allowing a Governor to serve a maximum of two successive
terms.
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Roanoke City Public Schools
Legislative Program
Executive Summary
The Virginia Association of School Superintendents (V ASS) held its
annual legislative conference in Lynchburg, Virginia October 13-15, 2009.
Superintendents from across the state attended the conference. During the
conference, superintendents examined issues that were deemed critical to the
continuous improvement efforts established within the Commonwealth.
The main body of this document sets forth the perspectives of RCPS with
regard to the V ASS agenda. Priorities from the conference were evaluated for
their specific relevance to the needs of this Division.
Although the list of V ASS priorities is long, it is not necessarily inclusive
of all issues of particular significance to this Division.
RCPS, for its 2010 Legislative Priorities, intends to focus on the following
SIX Issues:
... State Funding
RCPS endorses V ASS in its support for increased state funding for
all school divisions. In particular, RCPS supports additional funding
for alternative education, including expanded funding for (a)
elementary alternative education programs and (b) drop-out
prevention.
RCPS, however, is aware that Virginia is facing significant revenue
shortfalls and is likely to consider reductions to the state budget that
might affect education. RCPS opposes any changes which would
reduce funds to local school divisions.
In the event funding for local school divisions is reduced by the
General Assembly, RCPS believes that funding cuts should be on a
"percentage of total" basis, thus permitting local school divisions to
determine where the corresponding expenditure reductions should be
made. Additionally, school divisions should be permitted to apply
for waivers from the Standards of Accreditation (SOA) and the
Standards of Quality (SOQ), as appropriate, in those areas impacted
by the funding cuts.
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~ Virginia Retirement System (VRS)
RCPS notes with concern that the Virginia Retirement System Trust
Fund return was a negative 21.1% in FY2009. RCPS supports a
thorough review of the VRS plan design so long as the goal is to
assure: (a) continued Trust Fund solvency, (b) continuation of
current retirement benefits, and (c) that any employer contribution
rate changes do not to disrupt school division operations.
~ Elementary and Secondary Education Act (ESEA) Reauthorization
RCPS supports ESEA's general goal of having all children learn to
high standards. RCPS believes that reauthorization of ESEA must
provide for (a) full funding of Title 1 and Part B of IDEA and (b)
settling the continuing conflicts between Title 1 and IDEA.
~ Local Control of School Start Dates
922.1-79.1 of the Code of Virginia provides that "Each local school
board shall set the school calendar so that the first day students are
required to attend school shall be after Labor Day." The Board of
Education may waive this requirement on a showing of good cause;
however, the definition of "good cause" is extremely restrictive.
RCPS supports returning control of the public school calendar to
local school boards and supports local flexibility and control over
opening dates to allow local school boards to have time to provide
for required remediation and teacher training. RCPS believes that
additional instructional days prior to administering the Standards of
Learning (SOL) tests would result in improved SOL performance.
~ Virginia High School League (VHSL)
RCPS believes that athletics and other co-curricular activities are an
important part of a student's education. RCPS notes that the VHSL
establishes rules and provides oversight for essentially all athletic
activity and many co-curricular activities. RCPS believes that the
current self-management model under which VHSL operates is
inadequate and supports an expanded oversight role for the Virginia
Department of Education.
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.. RCPS encourages the state to recognize the burden that school
construction and debt service costs place on local budgets.
Accordingly, the state is urged to provide localities with recurring
money for school facility debt service, on a per pupil basis, and in
addition to the SOQ funding, and to establish a permanent revenue
source and formula for distributing school construction and debt
service funding to localities. In the alternative, the state should
increase the current level of school construction funding, funding for
the Literary Loan program, and funding for the Virginia Public
School Authority Interest Rate subsidy program. These funds
should be protected from other use or allocations.
Roanoke City Public Schools
Le2islative Priorities: 2009-2010
1. Education Funding
RCPS supports increased state funding for all school divisions.
.. RCPS supports increasing salaries and benefits of alI teachers,
administrators, and superintendents.
.. RCPS supports efforts to review the Standards of Quality (SOQ) to
reflect the actual educational practices of local school divisions.
.. RCPS supports efforts to change funding for elementary and secondary
education in the Commonwealth to reflect true costs incurred by school
divisions in meeting the requirements of the Standards of Quality
(SOQ), the Standards of Accreditation (SOA), and the Standards of
Learning (SOL).
.. RCPS supports efforts to ensure that the funding formula reflects
current costs to meet state requirements that have been added since the
formula was last revised.
.. RCPS supports efforts to ensure that the funding formula reflects
educational practices that go beyond the requirements of the Standards
of Quality but are needed because they constitute best practices that
benefit all children.
.. RCPS supports efforts to expand positions and funding under the SOQ
to reflect actual education practices in school divisions.
.. RCPS supports efforts to expand state and federal revenue to fully fund
mandates (i.e., IDEA).
.. RCPS supports efforts to close the disparity gap in funding between
wealthy and poor school divisions.
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~ RCPS supports efforts to provide competitive salaries and benefits
which will retain quality education employees in the profession and
which will attract and retain new personnel of high caliber.
~ RCPS supports efforts to grant localities the authority to utilize
additional revenue sources other than property taxes.
~ RCPS supports the revision of the current transportation reimbursement
in Basic Aid to reflect the current cost of fuel.
~ RCPS opposes any changes in the Standards of Quality Funding
Formula which would reduce any funds to local school divisions.
~ RCPS supports continued funding for dropout programs.
~ RCPS supports continued and additional funding for at-risk students, to
include remedial education SOQ funding, at-risk SOQ funding, funding
for reduced K-3 class size, at-risk four-year-old funding, and technology
funding.
~ RCPS supports continued funding for alternative education as well as
additional alternative education sites, to provide reasonable and
adequate access to all school divisions.
~ RCPS supports expanding funding to all school divisions for elementary
alternative education programs.
~ RCPS strongly urges the General Assembly to change certain funding
practices including:
(a) The practice since 1992 of providing only half-year raises
and in some years raises for selected employees.
(b) The practice of manipulating VRS rates to suit a budget that
has resulted in a huge shortage in the teacher retirement
fund over the next twenty years.
(c) The practice of budgeting the SOQ to suit revenue rather
than funding the Standards as required by the Constitution.
Examples include setting the rate of inflation, creating and
now not funding the linear weighted average for teacher
salaries, and creating deduct from rebenchmarking such as
federal funds and local revenue.
(d) The practice of using Literary Fund profits to pay the state
share of teacher retirement.
( e) The practice of declaring some Lottery Profits as excess.
(f) The practice of rebenchmarking on the basis of expenditures
by divisions that are two years old, when more up-to-date
figures should be available.
~ RCPS supports the position that public tax dollars for K-12 public
education should be spent only on K-12 public schools
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A RCPS opposes tuition tax credits, scholarships, vouchers, and other like
attempts to divert funds from K-12 public education.
A Reading specialists and math specialists for elementary schools, who
assist in early intervention and continued progress in these most
important areas of reading and math, should be recognized as critical to
student success and, therefore should receive state funding.
A The state should include in its funding figures transportation costs for
state and local programs in its funding formula.
A Establish a funding mechanism for technology initiatives of the General
Assembly by:
(i) Short-term financial package to fund infrastructure support
needed for such initiatives, and
(ii) Adopting technology standards in SOQ to drive funding.
A An acknowledgment of the real cost of implementing the technology
initiative should be recognized by the state including not only the
purchase of equipment, software, and infrastructure, but also
maintenance, technology training and technology resource teachers.
A Flexible block grants should be provided annually to meet equipment,
software, and training needs on the technology plan.
A The state should consider the building/renovation implications in
technology funding initiatives.
A RCPS supports additional state funding for health services
commensurate with the needs of students and requirements of the state.
A RCPS supports additional funding for remediation programs to assist
school divisions in meeting the Standards of Learning and Standards of
Accreditation requirements.
A RCPS strongly supports state funding for school safety resource officers
in school buildings.
A RCPS notes with concern that the Virginia Retirement System Trust
Fund return was a negative 21.1 % in FY2009. RCPS supports a
thorough review of the VRS plan design with the goal of assuring: (a)
continued Trust Fund solvency, (b) continuation of current retirement
benefits, and (c) that any employer contribution rate changes do not to
disrupt school division operations.
A RCPS supports full funding for future revisions to SOQ which have
additional cost implications for local school divisions.
A RCPS opposes use of any inflation factor other than the Department of
Labor's CPI in the rebenchmarking process.
A RCPS supports the General Assembly fully funding the rebenchmarking
of the SOQ so the standards are "realistic in relation, to the
Commonwealth's current education needs and practices.
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... Based on the findings of its recent survey and the original rationale from
the Wilder Disparity Commission, RepS supports increased funding for
at-risk programs in order to reduce the dropout rate, increase graduation
rates, lessen the burden on local governments to incur the costs of such
programs, and reduce the disparity to offer such programs served across
the Commonwealth
2. Academic Achievement
RCPS is committed to increasing the performance of all of its students and to
closing achievement gaps, with particular emphasis on the lower performing
subgroups of students as defined by the No Child Left Behind (NCLB) Act.
~ RCPS supports continuation of local initiatives to raise graduation
requirements.
A RCPS supports the development of a Career Technical Diploma to
recognize students whose achievement is in the area of technical education.
... RCPS supports the state share of funding all students eligible to participate
in the Four-Year-Old At-Risk Program.
... RCPS supports state funds being used for private four-year-old education
only through contracts with local school boards.
... RCPS opposes the concept of Standards of Learning (SOL) becoming
regulations.
... RCPS supports the idea of the Standards of Accreditation (SOA) being
approved only when funded by the General Assembly.
... RCPS believes that the state should assume a role of support and direction
rather than one of punitive enforcement in accountability and accreditation.
... RCPS supports legislation that enhances the ability of local school boards
and administrators to conduct school business in an environment that
protects the privacy of students and personnel records and other sensitive
information.
... RCPS supports allowing local school division policies to control student
access to the Internet and the use of software to filter certain information.
... RCPS supports efforts to review the SOQ to reflect the actual educational
practices of local school divisions.
... RepS supports continued funding for dropout programs.
... RCPS supports continued and additional funding for at-risk students, to
include remedial education SOQ funding, at-risk SOQ funding, funding for
reduced K-3 class size, at-risk four-year-old funding, and technology
funding.
... RCPS supports continued funding for alternative education.
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.. RCPS requests the General Assembly provide funding to local school
divisions to employ the additional personnel necessary to coordinate the
testing that will be required as a result of the revisions to the SOA.
.. RCPS believes that athletics and other co-curricular activities are an
important part of a student's education. RCPS notes that the Virginia High
School League (VHSL) establishes rules and provides oversight for
essentially all athletic activity and many co-curricular activities. RCPS
believes that the current self-management model under which VHSL
operates is inadequate and supports an expanded oversight role for the
Virginia Department of Education.
3. School Construction, Maintenance and Debt Service
RCPS is committed to ensuring the effective and efficient use of division
facilities and infrastructure.
RCPS encourages the state to recognize the burden that school construction
and debt service costs place on local budgets. Accordingly, the state is urged
to provide localities with recurring money for school facility debt service, on a
per pupil basis, and in addition to the SOQ funding, and to establish a
permanent revenue source and formula for distributing school construction and
debt service funding to localities. In the alternative, the state should increase
the current level of school construction funding, funding for the Literary Loan
program, and funding for the Virginia Public School Authority Interest Rate
subsidy program. These funds should be protected from other use or
allocations. .
.. A program of state participation in school construction and renovation
projects should be implemented in addition to current Literary Fund and
VPSA programs, school construction grants and lottery proceeds
programs.
.. Sufficient funding should be provided for the Literary Loan program to
meet construction requests within one year.
.. The state should address the financial condition of the Literary Fund and
should always balance the general fund without using the proceeds of
the Literary Fund to balance the Budget, especially by paying the state
share of teacher retirement with such monies.
.. The state should continue the VPSA subsidy sales until the Literary
Fund is available to meet school construction needs.
.. The state should expand the ability of school divisions to borrow with
state assistance.
.. The General Assembly should expand the ability of the school divisions
to borrow through expanding the capacity of VPSA.
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~ The state should share debt service as ongoing, unfunded operational
expenses.
~ Debt service should not be part of the state-funding match.
~ The state shall fund construction and renovation costs associated with
state mandates (e.g. reduced class sizes, four-year old programs, etc.).
~ The state should explore new sources of revenue for the Literary Fund.
~ Expand the ability of school divisions to borrow by:
(i) removing the present composite index cap and raising the
minimum balance of the Literary Fund, and
(ii) expanding the capacity of VPSA to include providing
additional staff and funding to make short-term moneys
available to school divisions awaiting approval of Literary
Fund loans.
~ RCPS supports the state's provision of a permanent funding source for
school construction to meet local building and maintenance needs.
~ RCPS supports efforts to include funding for technology needs as a part
of the basic aid commitment to students.
~ RCPS supports efforts to provide additional funding to assist school
divisions in building new schools and refurbishing existing schools.
~ RCPS supports efforts to close the gap between actual cost of programs
and facilities and existing state funding.
~ RCPS opposes the continued use of the Literacy Fund for purposes
other than school construction.
~ The General Assembly should restore the per pupil allocation for
maintenance supplement to a realistic level.
~ The General Assembly should establish the Maintenance Reserve Fund
as a yearly obligation that is available to every school division.
4. Attractinfl. Traininfl. and Retaininfl Division Staff
RCPS is committed to attracting, training, and retaining the best staff for our
urban Division.
~ RCPS supports legislation to address the teacher and administrator
shortage crisis. This legislation should include providing financial
assistance to school divisions for recruiting and retaining qualified
teachers and administrators.
~ RCPS supports increasing salaries and benefits of all teachers,
administrators, and superintendents so that Virginia will be in the top
10% of the nation.
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.. RCPS supports the General Assembly funding l2-month raises using
the linear weighted average and real inflation figures derived from
annual reports from the divisions.
.. RCPS supports additional teacher education scholarships.
.. RCPS supports funding stipends for mentors to meet their mentor
program requirements.
.. RCPS supports increased funding for comprehensive staff development
programs for teachers and administrators including full funding for
national board certification.
.. RCPS supports increasing salaries and benefits of all teachers,
administrators, and superintendents so that Virginia will be in the top
10% in the nation.
.. RCPS supports efforts to provide competitive salaries and benefits
which will retain quality education employees in the profession and
which will attract and retain new personnel of high caliber.
.. RCPS supports state funding for ongoing technology training in order to
comply with the State licensure requirements and the rapidly changing
technology advancements and needs in schools.
.. RCPS supports current law which vests final authority in any case
involving the grievance procedure with local school boards.
.. RCPS supports the idea of term contracts for teachers and
administrators.
.. RCPS supports enabling school divisions to re-hire retired licensed
personnel with no waiting period on a full-time basis with no loss of
retirement benefits.
.. RCPS supports the concept that local school divisions are capable of
setting, monitoring, and evaluating instructional schedules for school
personnel. Planning time for teachers should be a local decision based
on the local requirement and specific local schedule.
.. RCPS supports initiatives to add teaching personnel to elementary
schools and requests that any such initiative be made flexible so that
additional teachers can be employed in accordance with the needs of the
local school divisions.
.. RCPS supports Standards of Quality that define and require certain
administrative, support, and instructional staffing levels.
.. RCPS believes that minimum staffing requirements should be set in the
Standards of Quality.
.. RCPS supports increasing the minimum staffing requirements in the
Standards of Quality through additional funding.
.. RCPS supports permanent funding for educational technology in the
Standards of Quality.
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5. Ensurinf! School Safetv
RCPS is committed to ensuring the safest schools for our students and staff as
part of its broader effort to facilitate a productive learning environment in all
schools. RCPS urges the continuation of grants and enhanced funding for
School Resource Officers and other school safety programs and initiatives.
. RCPS supports the authority of local school boards granted in the
Constitution to regulate firearms on school property and at school
events.
6. School Calendars
S22.1-79.1 of the Code of Virginia provides that "Each local school board shall
set the school calendar so that the first day students are required to attend
school shall be after Labor Day. The Board of Education may waive this
requirement on a showing of good cause; however, the definition of "good
cause" is extremely restrictive.
RCPS believes that the Code of Virginia should be amended to allow school
divisions to set the school calendar so that the first day students are required to
attend school is before Labor Day. RCPS believes that every additional
instructional day before Standards of Learning (SOL) tests are administered
will result in improved SOL performance.
7. No Child Left Behind
RCPS supports NCLB's general goal of having all children learn to high
standards, but is deeply concerned about the Act's major expansion of federal
authority over state and local educational programs as well as the huge costs
required for non-Title I students to be carried by local funds in this program.
RCPS supports return of accountability to state and local authorities. RCPS
also supports full funding by the federal government for the implementation of
NCLB. In the absence of the return of accountability, RCPS supports the
following changes:
a. Add both a clear promise to fully fund Title I and Part B or IDEA
and a clear path to full funding for Title I and IDEA.
b. Add real, valid, reliable and standards-based measures that
accurately measure each student's actual starting point and growth
over time.
c. Settle the continuing conflict between IDEA and Title I in favor of
the individualized instruction and assessment required by IDEA by
(a) eliminating the arbitrary caps on student assessment and add
18
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developmentally appropriate measures and assessments called for in
the student's IEP, and (b) include the IDEA mandate for services to
high school graduation or age 21 in the calculation of graduation
rates.
d. Permit states to determine appropriate measures and assessments for
English Language Learners based on state approved tests and the
professional judgment of teachers and administrators.
e. Count in AYP a student's passing score on all test retakes.
f. Eliminate all plans, reports, audits and staffing mandates that
research does not show improved achievement for low-income
children.
g. Sharpen the targeting of funds to school districts and schools where
poverty is concentrated based on the percentage of such students.
h. Eliminate the comparability requirement of equal per-pupil spending
on teachers since the calculation mistakenly equates salary with
teacher quality.
1. Clarify the high school graduation rate calculation.
19
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of November, 2009.
No. 38647-111609.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the
City's delegation to the 2010 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs
of this City and its people;
WHEREAS, previous Legislative Programs of the City have been responsible for improving the
efficiency of local government and the quality of life for citizens of this City;
WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be
advocated by the Council and its representatives at the General Assembly; and
WHEREAS, the Legislative Committee of City Council has by report, dated November 16, 2009,
recommended to Council a Legislative Program to be presented at the 2010 Session of the General Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. . The Legislative Program transmitted by report ofthe Legislative Committee, dated November
16,2009, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the
2010 Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2010
Session ofthe General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00
a.m., on December 7,2009.
ATTEST:
~m.~
City Clerk.
State Funding
· Reps supports additional
funding for alternative
education, including
expanded funding for ( a)
elementary alternative
education programs and (b)
drop-out prevention.
· Even with anticipated
revenue shortfalls, Reps
opposes any changes which
would reduce funds to local
school divisions.
· Any funding cuts should be
" . f 1"
on a percentage 0 tota
basis, thus permitting local
school divisions to determinl
where the corresponding
expenditure reductions
should be made.
· School divisions should be
permitted to apply for
waivers from the Standards (
Accreditation (SOA) and the
Standards of Quality (SOQ) 1
as appropriate, in those area~
impacted by the funding cut~
Virginia Retirement System
,. RCPS notes with concern that the Virginia Retirement
System Trust Fund return was a negative 21. 1 % in
FY2009.
· RCPS supports a thorough review of the VRS plan design
so long as the goal is to assure: (a) continued Trust Fund
solvency, (b) continuation of current retirement benefits,
and (c) that any employer contribution rate changes do
not disrupt school division operations.
Elementary and Secondary Education
Act (ESEA) Reauthorization
· RCPS supports ESEA's general goal of having all children
learn to high standards. RCPS believes that reauthorization
of ESEA must provide for ( a) full funding of Title 1 and Part
B of IDEA and (b) settling the continuing conflicts between
Title 1 and IDEA.
Local Control of School Start Dates
· Section 22. 1- 79. 1 of the Code of Virginia provides that "Each loc<J
school board shall set the school calendar so that the first day
students are required to attend school shall be after Labor Day."
The Board of Education may waive this requirement on a showin~
of good cause; however, the definition of "good cause" is extremel
restrictive.
· RCPS supports returning control of the public school calendar to
local school boards and supports local flexibility and control over
opening dates to allow local school boards to have time to providt
for required remediation and teacher training. RCPS believes tha
additional instructional days prior to administering the Standards
of Learning (SOL) tests would result in improved SOL
performance.
Virginia High School League
.. RCPS believes that athletics and other co-curricular activitie
are an important part of a student's education. RCPS notes
that the VHSL establishes rules and provides oversight for
essentially all athletic activity and many co-curricular
activities. RepS believes that the current self-management
model under which VHSL operates is inadequate and
supports an expanded oversight role for the Virginia
Department of Education.
School Construction, Maintenance and
Debt Service
· Reps encourages the state to recognize the burden that school
construction and debt service costs place on local budgets.
Accordingly, the state is urged to provide localities with recurrin~
money for school facility debt service, on a per pupil basis, in
addition to the SOQ funding, and to establish a permanent
revenue source and formula for distributing school construction
and debt service funding to localities. In the alternative, the state
should increase the current level of school construction funding,
funding for the Literary Loan program, and funding for the
Virginia Public School Authority Interest Rate subsidy program.
These funds should be protected from other use or allocations.
~
......,
ROANOKE
~~l
Thank you for allowing the City of Roanoke Office of Economic Development and
the Creative Connector volunteers update you today on the Creative Communities
Leadership Project. Our goal is to create an awareness ofthe great work the
volunteers are doing through this Creative Class program and answer any questions
you may have.
1
Creative Communities
Leadership Program
eN R 4"'~ ^ i;>~.-..i ~~'
j'~~,\~"
",,>,~.,.tkl
i1€'i~ >d ift9 "Il"
.. ~S.TA.R.
1'_ SPjRITOF TOLE~ANCE
'if~'i;.tJ e ART IN THE REGION
giowiH:; a carbon n~uirJi regif'rl~
Y_llpaieixii~~
2
Creative Class Communities
Leadership Program
. Two-day intensive workshop kicked off
March 30 - 31 , 2009
. Year long project
. 60 participants empowered to move the
community forward; build regional
prosperity
. Based on Richard Florida's model of 4T's of
economic development - talent, tolerance,
technology and territorial assets
3
Creative Class Community
Initiatives
. S.T.A.R. - Spirit of Tolerance and Arts
in the Region .
. YEA! - Youth Experiencing the
Amenities
. 81 Reasons to Connect
. CNR 2030: Growing a Carbon Neutral
Region
4
, STAR
The Spirit of Tolerance and Art in the Region
. Promote inclusive, ongoing community
events:
- Local Colors
- Juneteenth Festival
- Pride in the Park
- Roanoke Regional Writer's Conference
Youth Essay Contest
5
STAR
The Spirit of Tolerance and Art in the Region
Created three new initiatives:
Open Doors Conversations
Thurs., Nov. 12,2009
- ''The Dynamics of Difference"
Shenandoah Club; 50 in attendance
Thurs., Feb. 11,2010
- Claude Moore Education Complex
- 7:00-8:30 pm
Thurs., Apr. 29, 2010
- Blue 5 Restaurant
- 7:00-8:30 pm
6
STAR
The Spirit of Tolerance and Art in the Region
BridgeWalk: A Community Celebration
Sunday, March 28, 2010 '
Down By Downtown Festival: When
Music Brings Us Together
Thursday, April 29 - Sunday, May 2,
2010
7
YEA
Youth Experiencing the Amenities
Realization STAR initiative to promote arts and
culture in the community closely tied with YEA's
original purpose
- Keep Roanoke TALENT here by creating awareness of
cultural, natural and social amenities in the region
. Promotion of STAR's Open Door Series
. Addition of youth-focused event to STAR's Open Door
Series
. Promotion of Young Writer's Conference
. YEA members serve on design team for each STAR
initiative
8
Why do some Regions become
trul GREAT?
Raleigh, NC (RTP)
Seattle, W A (Technology Corridor)
San Jose, CA (Silicon Valley)
Boston, MA (Route 128 Corridor)
Richard Florida's research indicates that the ability of a region to attract
Creative Class professionals leads to higher economic growth, more JOBS,
and obviously a stronger tax base to keep the momentum going.
From a Creative Class perspective, we have tremendous assets here in our
region - and they keep getting stronger. The problem is that we don't have
a unified strategy to promote these strengths:
1. Presence of a major Research University
2. Presence of a major Urban Center
3. Growing Access to Capital
9
Creative Class Assets
VA Tech
Roanoke College
. Hollins U
.,
."J'~f1aOf
"'''''
,mTI
M~:~';"-'
, VIRGINIA
WESTERN"~'", ..'
lI.e Community'> College- '"..',
, .. \ -': '. P~<f><>I,'~l. "'.: ~~(,..r:~~~
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Our focus is on TERRITORIAL ASSETS. First of all, let's take a look at what
we are calling the 81 Corridor.
Just raising awareness on a sense of identity/place is one simple thing we can
accomplish today. Let's take a look at just some of the Territorial Assets that
exist between mile markers 109 and 146 - roughly a 35 mile stretch of
Virginia's 1-81 cooridor. Let's take a look at one of the KEY assets of the new
economy - institutions of higher education... We are LOADED!
How many people have actually seen a visual of these assets put together??
10
The Need: a high-impact internet
. clip of the Region's many assets
I!II!H3
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Today, we are seeking support and leadership from Roanoke City Council to
be a lead sponsor in working with other regional leaders to produce a joint
marketing video that promotes the REGIONAL assets that will attract the
Creative Class Professionals that will be the economic engine for more JOBS
and growth in our region.
Today, we are asking for a $3,000 to $5,000 commitment across 5-10
organizations to fund a first class internet video clip that can be used by ALL
organizations and their members to help promote the broader region more
effectively. Our goal is match Roanoke City's commitment with 5X funding
from other regional leaders.
11 .
..
. CARBON NEUTRAL ROANOKE
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11>t;'f'Mm tlO''''' ~"1 5t.710 II'",!'~I r'r,f~
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t::'~~~:" :it:~~.~~l>~...,....,~ ~:I<.O\J..h If... ,,,"'~O:,, If' ,;,~~",
Roanoke C1tyCI..n & GNIIfI Coalition T'>e CoI)r ,,'f!~'~n'-"
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CLEAN
!-G!~r~i'i
e,ET It~\.' ,ED I I ,
If Plugs Could Talk, lM1at VVould They Say
About Energy Consumption?
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"'~~<iu~~~ ~"17.j.~j"~"I.;Il' a ~'n,,1I "lJ>:J"JWb ~.~, l>l,,~ .",,, ~
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...r~;y ",,\I "ue',"i ~"lI'I. t~ r~-f.i"\lP;"'l a,n'" l~ ,o",,~t>; ...~~tl't
~~'" tTr~GI1 ~;..~,(.,:\' ,r>,'\IV;:>ual eH'~~~~' u",o ~'..1 n.:~:> ~.".-.;
:~:~"~,:,,,~~~~.j-. ~, ~u'..,.,w~,.I.o'" "n ~~~itJ"-,O"~ .,;:"" ;,"""
Smart lNay introduces new motor coach to
better connecllhe Valleys
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You can lower the ....alley's carbon emissions
Tt><J ""'~i"ot I.l calt_,,,, ,f".;~'<i ~~"'\lfl~ ~J hCl''''~'''<t.. if, ~,~
Hh"'. !r"..'c~fct;.T.~"Qi..'l<: :'h".IhH..'<;.!,..lllle"'Io;'.....liGIl
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12
{.~':?...,'~ i "~:'~< ~:
.,""...',- '~,'t;;;;,Ja' _I!\~,:~'."'"
, ..'.SPI~iBTO-F T'bU!~ANC~
. ~.,.' &:ART IN "fHe;.a5:.GtON
Inside tliese doors is a room of yeoyfe fi{fetf
witli imagination.
Come inside and share in the
conversations about diversity and difference and
how it can enrich lives, both young and old.
Upcoming Events
December 3, 2009 - Wine and Wonder
Taubman Museum of Art
5:30 PM
Event will feature a current work on diversity and the spirit of
inclusion.
January 22-23, 2010 - Youth Essay Competition and Essays
Hollins University
Roanoke Regional Writer's Conference
Essays will include topics and ideas on building an inclusive
community.
February 11, 2010 - "Open Doors" Conversation
Claude Moore Education Complex
7:00PM
This conversation will be designed for adults and youth.
March 28,2010 - BridgeWalk: An Interfaith Celebration of
Community
Congregations from several different faith traditions will be at the Martin
Luther King, Jr. Bridge to celebrate community through song, prayer,
and a huge potluck dinner. (Hopefully the world's largest!)
April 24-May 2, 2010 - Down by Downtown Festival
Open Studios Tour, "Open Doors" Conversation at Blue 5, live music at
various downtown venues, art gallery displays and more!
For more information:
Web: www.starroanoke.com . www.thecreativeconnectors.com
Facebook: STAR. and YEA!
." 'i>
City of Roanoke
City Council Briefi
Recovery Zone Bo
Project Approval and
Recovery Zone Designati
December 7, 2009
American Recovery a
Reinvestment Act
$787 billion American Recovery and Reinves
of 2009 (the "Recovery Act" or "ARRA") sign
law on February 17, 2009
Intended to stimulate economic rowth thro
federal spending in the areas of education,
care, housing, and transportation
Includes various spending initiatives for Sta
Local governments, as well as . rovisions an
enhancements related to munici al bond iss
the laws governing their type and use
. Funds must be sp,ent in ac:cordance with ap
nondiscrimination and. equal opportunity sta
regulation.s a.nd exeeu~tiVle ordie;fS
,~
'0.
Recovery Zone Bond
Provide tax incentives for state and local gove
borrowing that will promote job creation and
recovery and targeted to areas affected by e
declines
"Recovery Zone":
1. Any area designated by the issuer as having signifi
unemployment, rate of home foreclosures, or gener
2. Any area designated by the issuer as economically
reason of the closure or realignment of a military in
pursuant to the Defense Base Closure and Realign
1990
3. Any area for whieh a desigjnatiQn as an empowerme
renewal communily is in effect as of tJle effective d,
(f. Februa f"Y;. Y 1 7. 2009\,;
\.... _.,!J ,. . __.. ~ .v 'I ' ,. . f) !J t! 1;
Fe.d,eraJ Government ..-> States ..-> locaJitJe.
~
~
~
~
~
~
I
~
I Federal Davis-Bacon .
" Prevailing Wage Rules Apply
I '." ~, , . ' .' ,
,00Recolnmended Project Roa~oke River Flood Redu~tion Project - . . Determi~E
l~~~~'-"'''''''-'''''':'''';'_~M"",~~~c<.,,,,,,,,,,,,,~,;.~,,,,,_=",,,,",'''~,,,-=u~l~_~~^.,.,...",,,,,._~"''',r'''_~'~=-'~l''''=''''''__~''''';''''~wP.2:~''s''~~
~
. , Roanoke Allocation
i '~....: - "'~-" ~
'I Purpose
I
I .
i Eligible Pr~jects.
I '
~
$-1,602,000
..::'" "'. ~,
Taxable bonds that receive a 450/0 subsidy
and can only be issued as Issuer Subsidy
, Bonds
. ': Eligible projects include new money
governmental purpose projects or
programs, but not 501(c)3 nonprofit or
; private activity purposes
,
RZEDBs can finance:
Capital expenditures paid 'Or incurred with
respect to property located in a recovery
zOne
Expenditures for public infrastructure alid
construction of other public facilities,
wherever located, that promote economic
, development or other economic activity in
a recovery zone
, Ex'penditures for job training and
educational programs, where"ver located'
~ ~ p:,>;.-
Yes
.' $2,403,OC
Tax-exem
, issuance (
bonds (iss
;, bonds for
. "- ....'-,... - ,
- ..> ~"-. ~ ~ ..
:Eligi ble pr
': private us
property (
buildings I
company,
land is nOl
Property f
a new pro
, constructE
~ renovated
" the areai~
'~ recovery ~
'rental con
~ excl uded.
~'+c' _.i::~,-~'. >:"":.r.(;;::~.:: "::..
No,'.
, )
Recovery Zone Bond
Timeline
. September 30, 2009
- Executive Order 94 issued by Governor Kainefs
announced allocation and established timeline
. November 2, 2009
- Deadline for Notice of Intent to be filed with C
. December 15, 2009
- Deadline for Project Verification Report, with a
documentatio,n:
. Resolution designating, Recovery 2one(s) - City
. Resolution approving the project{s) ~.. City Counei
. Documentatlon of (ounei'lts approva,l of the pro.je
. Opinion of bond eoun,seJ
. Commit:ment letter from_ UJlderwltiter or purchase
. M:eJ1IFch', 15 2,(()il0:
~, c' ~~_' ~ ~~, .... . ," ~~ fI '-- -~ -" ~~
=-, D'@J€)<dHrn@ feH~ RZB ;:~S:U€);Ifl'<c'@
_ -!J _~ __~ v.' , ~ " " =' J _~ 0 .J ,,__ ,_',!), ~_':/ V,J __," ~ ~~=
Process for RZFBs
. Discussion with EDA
. Consultation with various City depart
to identify listing of 'shovel ready' pro
. Contact with project owners, contract
announce program
. Public notification of program
. Application process
+ Evaluation led by third Farty financial
advisor" Public Financia Management
. Co:nsultation with bo;nd counse.1 a, s.... ne
/ . -~. '. / " .~ - . '- -' ',' ..' ",-- . -' .' -' .. - -' " ."':/ - ---- '" . -,"'- ~ .~ / -, . '. '- _/ " - . .
+ Cross-dep:Q'rtm:entaJ selection commit
+ RaJlkirlg' of a'pplJeaJ1ts
, 'V ... .
'" i
RZFB Applications
Listed in Alphabetical Order
o Advance Auto - Crossroads
Expansion
o Billy's Restaurant/The Rowla
Hotel
o The Boxley Residences
o Patrick Henry
o T;h',e\ 5, h'e\nia; n':do\a~ In!
C/ .".. ._,/ - ~ Cd _/'j _, ~~.,', __, __~ __.. ,. ..
Office'of the Mayor,
CITY OF
,
WHEREAS, James H. Taylor, Sr. is a native of Roanoke; born to Hampton and
Ruth Annie Taylor, the oldest of six children; married to theformer Elizabeth C.
Barksdale and between them they have four children, James Jr., Barbara (Wilson),
Valerie (Fudge), and Troy Barksdale, and twelve grandchildren and six great-
grandchildren; and
WHEREAS, James is a product of the Roanoke City Public School system; he
began his employment with Jones Motor Company in 1951, with 30 years of
dedicated service; he also worked as a part-time butcher with Brown's Grocery Store
(better known as "Popeye's") prior to embarking with the City of Roanoke General
Services Division as a custodian for five years; and thereafter, serving as the City's
courier for about 22 years; and
WHEREAS, James is an active member of Sweet Union Baptist Church, where he
serves on the Usher Board, the Food and Closet Committee, Scholarship Committee,
Men's Club; and devotes many hours to the lay ministry; he has an unfailing love for
the Dallas Cowboys and owns every article of clothing with the Cowboys' logo; and
WHEREAS, James will be remembered for his willingness to go over and beyond
the call of duty; he is respected by all and he knew and was known by almost
everyone in the City; the City Clerk's Office especially appreciated his kindness for,
working late on most Thursdays waiting on the Council agenda and miscellaneous
packets to be completed for delivery; no matter the assignment, it was a fact that he
was faster than FedEx and UPS and more reliable than United Postal Service, his
easygoing, friendly and courteous demeanor, along with his distinct laugh will surely
be missed; and
WHEREAS, James retired on Monday, November 30, 2009, after a long and
distinguished career spanning a period of 27 years with the City of Roanoke; while
resting from his labor, he hopes to travel some, but most of all, he is looking forward
to using his time and talents at Sweet Union and in the community.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia,
'in recognition of his many years offaithful and outstanding service to the citizens of
the City of Roanoke, do hereby proclaim Monday, December 7, 2009, throughout this
great All-America City, as
JAMES H. TAYLOR, SR. DAY.
Given under our hands and the Seal of the City of Roanoke this seventh day of
December in the year two thousand and nine.
ATTEST:
~~~~
City Clerk
David A. Bowers
Mayor
~.lU\lsl\^-
Mayor Bowers, Council Members, City Administration,
Today I'd like to say to each of you what I came to say at the last
council meeting.
The tenants of the RCMBuilding are looking to shorten the time
that the building is down for repair. As Mayor Bowers, Vice
mayor Lea and others of you have come to understand :
That the impact of long construction can and most likely will
devastate business though out the historic district. . . .not only for
the ROANOKE CITY MARKET BUILDING tenants, but for the
farmers, the outside restaurantuers and the retail establishments in
these few city blocks.
We have heard these apprehensions from the owners of Awful
Arthurs, the Weinie Stand, the Little Dipper, Table 50 and others,
like Calhoun and Kippin the paper just yesterday, YOU
SHOULD TALK TO THEM BEFORE MOVING FORWARD
Graphics ETC we have heard is leaving.....Twists and Turns is
having to leave
A LOT OF YOUR DOWTOWN ANCHOR STORES WILL BE
GONE.
All of the farmers feel that THEIR incomes are threatened as well.
their future here, in the downtown. . . . . . . . ... they will
~
VIII tell you if you will but show your concern and ask them.
~ ' -----
Other retail 'and restaurants could fail while trying to hold on in
this of all economies ....1 KNOW TIDS
ISN'T THE LEGACY THAT TIDS COUNCIL WANTS TO BE
REMEMBERED FOR...
ALL WE ASK, AS WE AL WAYS HAVE, IS THAT YOU DO
A LITTLE MORE WORK BEFORE TOPPLING ALL
THESE BUSINESS' SOME OF WIllCR ARE ICONS OF OUR
DOWNTOWN ANDTHATYOUCERTA~Y
AREN'T TRYING TO LOSE.
,~
1. As co-owner of Burger In The Square, I have insight into many of the
misconceptions of what has been happening in the Market Building for the last
decade, as well as to the Fanners Market vendors.
I appeciate Ms. Nair's opinion of what is being lost in downtown if the
restaurantuers' and fanner/families are lost due to ongoing construction and
neglectful thinking on the part of the entire community.
IT WOULD BE SAD, if, as Mayor Bowers has recognized, that in 2012, LOCAL
visitors to the new Market Building don't recognize any familiar faces or find the ,
honored and awarded foods that have inhabited the building for 25 years.
Then, turning to the Fanners Market to fmd that two years of excessive
inaccesability, has left those vendors broke and unable to operate.
I have heard Sands Wooding's lamentations of how the parking garage
construction across the street from his upscale Trio was hurting his business prior
to it's closing.
I have heard the owners of Table 50', Roanoke Weinie Stand, The Little
Dipper and more, worry loudly about what the combined construction on the
Market Building and Center In the Square will do (in conjunction w/this
economy) to their business'.
We in the Market B. know what having the air conditioning work of 2004 and
the loss of the 103 parking spaces to the Taubman (2005) and its construction.
have done to the accesibility of the food court, as well as to the restaurants and
retail merchants in the two blocks around us.
These lessons alone are enough to prove most of the basic principals of business
location and accesability.
So, if you are like myself, and love downtown as it is, and you DO want to see the
storefronts around the City Market and Building florish with new activity and
entertainment, and have it become an attractive powerhouse of hospitality; then
you must ask, as we are asking, City Council for presevation of the time honored
people of downtown.
I stated this for Dr. Trinkle on his davetrinkle.com last year...take what is good
about the downtown as it is and build on it"adding layers of new and creative
venues to the area.
Don't get me wrong. The Market Building needs this refitting badly, and Center
needs to be updated...but does it have to come at the cost of what
has already defined this historic district, been iconic to it; and given it authenticity
for almost two generations of Roanokers.
Construction people AND engineers local to the valley have All said that the
Market Building can be done quickly and at little extra cost, if the work is
scheduled correctly and the funds are put out in a timely fashion to the
construction companies.
This echos what Varney employees said about the installation of the buildings
AlC in 2004; that the 300 day project could have been done in half the time if the
city had been quicker to put the funds out to the companies involved in a timely
fashion.
To finish, I apologize to the people that think our mouse problem warrants
avoiding the food court. We warned the City, its sanitation people and the then
seated council what would happen if the trash depository from the far end of the
Viaduct parking lot was brought into the building, to be held in the fire escapes,
24/7 with the buildings inherant LACK of structural integrity. Yes, three years
ago we warned of what resident refuse IN the building could cause. It did happen
and I only hope that council will listen now, when the food court entrepenuers and
the farmers need them to the most.
Thank you for endulging me...
Comment by Louis Wilson - December 7, 2009 @ 1: 01 am
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CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S,w., SUITE 452
ROANOKE, VIRGINIA 2401 1-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
December 7, 2009
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Vice-Mayor Lea and Members of Council:
The Vice-Mayor and I have discussed concerns raised by Members of Council
over the last year about the bid process. In years past, when I was the Mayor before,
we had a Bid Committee of the City Council which represented all of us in the process.
Bids, at that time, were actually opened in public session, so there was plenty of
assurance to all those participating in the bid process that it was a transparent process.
The Vice-Mayor and I request that this matter be placed on the Consent Agenda
for the next meeting of Council on December 7, 2009, so that Council can begin to
consider whether it is an idea which we might want to put in place. We are not asking
for any other action on this at the December 7 meeting, but merely war)t to bring the
issue to the attention of the Council for further review and consideration by.each of you.
By the way, it should be clearly understood, that neither Council members nor
the Bid Committee should have anything to do with this legal, administrative process
from the moment the RFP is issued until the opening of the bids on a day certain.
Sincerely,
.~~oO!fl~
~avid A Bowers
Mayor
DAB/bme
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
December 7, 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 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: Request to Schedule a Public
Hearing: Parking License
Agreement
Background:
204 Jefferson Condominium Owners Association has requested a Parking
License Agreement for twenty reserved parking permits for designated spaces
in the City's Center in the Square Parking Garage located at 1 5 Campbell
Avenue, SE, Roanoke, Virginia. These are spaces currently assigned to
individual owners of the condominium units under the terms of current parking
policies. The license term requested is for a twenty year period. Because of the
length of the license term, the Code of Virginia requires that the proposed
license be advertised for bidding by the public and a public hearing held before
such a license can be authorized.
Recommended Action:
Authorize the scheduling and advertising for bids of this matter and for a public
hearing and opening of bids on December 21, 2009.
Respectfully submitted,
Darlene L. Bu
City Manager
Honorable Mayor and Members of City Council
December 7, 2009
Page 2
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
Debbie J. Moses, HRCC Director
CM09-00209 '
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva,gov
December 7, 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 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: Request to Schedule a Public
Hearing: Use of City Airspace
Background:
204 Jefferson Condominium Owners Association has requested an air rights
lease for the pedestrian bridge that exists between 204 Jefferson Street and the
Center in the Square Parking Garage. The current permit agreement to use this
air space will expire on March 31, 2010. The lease term requested is for a
twenty year period. Because of the length of the lease term, the Code of
Virginia requires that the proposed lease be advertised for bidding by the
public and a public hearing held before such lease can be authorized.
Recommended Action:
Authorize the scheduling and advertising for bids of this matter and for a public
hearing and opening of bids on December 21, 2009.
Respectfully submitted,
Darlene L. Bur
City Manager
Honorable Mayor and Members of City Council
December 7, 2009
Pag e 2
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
Debbie J. Moses, HRCC Director
CM09-00210
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 7, 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: Adoption of Calendar of Events for
Budget Preparation Activities for FY
2010-2011
Background:
As in prior years, City Council has approved the Calendar of Events for Budget
Preparation Activities for the upcoming fiscal year. The recommended Calendar of
Events for FY 2010-2011 is attached.
Recommended Action:
Approve the attached Calendar of Events for Budget Preparation Activities for FY
2010-2011.
Darlene L. Burc
City Manager
Attachment
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
CM09-00211
Date
TBD
April 19, 2010
April 29,2010
May 6, and 7, 2010
May 10, 2010
COUNCIL CALENDAR OF EVENTS
FOR BUDGET PREPARATION ACTIVITIES
FISCAL YEAR 2010 - 2011
Budget Preparation Activities
Financial Planning Work Session
Recommended budget presented to City Council at
regularly scheduled meeting
Public hearings on recommended budget and tax rates
at 7:00 p.m.
Budget Study - 8:30 a.m. - 5:00 p.m.
City Council adopts General Fund, School Fund,
Proprietary Fund budgets and an Update to the HUD
Consolidated Plan and approves an annual
appropriation ordinance at 2:00 p.m.
MINUTES OF ROANOKE CITY COUNCIL AUDIT COMMITTEE
1. CALL TO ORDER:
(
June 1, 2009
The meeting of the Audit Committee of Roanoke City Council was called to order in
the Emergency Operations Center (EOC Room #159) of the Noel C. Taylor Municipal
Building at 11 :00 a.m. with Chairman, Sherman P. Lea, presiding.
. The roll was called by Mrs. England
I
Audit Committee
Members Present:
Audit Committee
Members Absent:
Others Present:
Sherman P. Lea, Chair
Mayor David A. Bowers
Dr. M. Rupert Cutler
Gwendolyn W. Mason
AnitaJ. Price
Court G. Rosen
Dr. David B. Trinkle
None
Drew Harmon, Municipal Auditor
William Hackworth, City Attorney
Ann Shawver, Director of Finance
Darlene Burcham, City Manager
Evelyn Powers, City Treasurer
James Grigsby, Asst. City Manager/Operations
Brian Townsend, Asst. City Manager/Community Development
Peter Ragone, II, KPMG LLP
Stephanie Moon, City Clerk
Melinda Mayo, Public Information Officer
Faye Gilchrist, Assistant to the City Manager
Dawn Hope, Assistant Municipal Auditor
Debbie Noble, Senior Auditor
Ann Clark, Senior Auditor
Doris England, Administrative Assistant
(5) Citizens
(3) Members of the Media
Audit Committee Minutes - June 1, 2009
Page 2
2. APPROVAL OF MINUTES FROM MARCH 2, 2009, MEETING
Chairman Lea asked if there were any corrections or amendments to the minutes
of the March 2, 2009, Audit Committee meeting. There were none. Dr. Cutler
moved and Ms. Mason seconded that the minutes be approved as distributed. A
vote was taken and the motion carried. The minutes will be placed on the
Consent Agenda for the next City Council meeting.
3. KPMG REPORTS - YEAR ENDED JUNE 30, 2008
A. Communication with the Audit Committee of City Council
. Update
B. Management letter
C. Report on Applying Agreed-upon Procedures for Comparative Report
Transmittal Forms '
Chairman Lea recognized Mr. Pete Ragone, Senior Manager with KPMG, for
comments.
. Mr. Ragone briefly explained the purpose and content of the 2008 reports
listed above. The drafts of these reports were discussed at length du ring
the December 15, 2008 meeting of the Audit Committee.
Chairman Lea ordered that items A through C be received and filed. There were
no objections to the order.
4. KPMG - CITY OF ROANOKE FISCAL YEAR 2009 - AUDIT COMMITTEE PLANNING
MEETING
Chairman Lea recognized Mr. Ragone for comments on the 2009 KPMG Audit Plan.
Mr. Ragone reviewed the qualifications and background of the 2009 KPMG
engagement team and explained KPMG's audit responsibilities.
Mayor Bowers asked Mr. Harmon if the School Board Audit Committee reported to
City Council. Mr. Harmon responded that the committee does not report to City
Council. Mayor Bowers also inquired whether Mr. Harmon reviewed the School
Division's, audit findings and Mr. Harmon confirmed that he does.. Mr. Harmon
noted that School Board Audit Committee meetings are open to the public and
that reports received by the Committee are available to the public and City
Council.
Chairman Lea inquired if the School Board Audit Committee reporting process had
always been this way and Mr. Harmon replied that there has been a separate
committee since 1998. Ms. Shawver added that schools were part of the City's
Audit Committee Minutes - June 1, 2009
Page 3
General .Fund until around 1994. Ms. Shawver went on to say that as a result of
GASB Statement No. 14 requirements, schools were subsequently regarded as a
separate entity and no longer reported as part of the City's General Fund.
,
Mr. Ragone reviewed the entities subject to audit and reporting for FY2009 which
include the City of Roanoke, the School Board of the City of Roanoke, the Greater
Roanoke Transit Company [GRTC], and the City of Roanoke Pension Plan.
Mr. Ragone recapped the engagement timetable, which begins in May with
planning and culminates in late November with final reports and letters. He
reviewed KPMG's four step audit process: planning, control evaluation,
substantive testing, and completion.
Significant audit areas, listed on page 8 of the plan, which will be covered with
each entity, were discussed by Mr. Ragone. Mr. Cutler asked if the privatization of
school buses would be a part of the audit program. Mr. Ragone replied that KPMG
would verify school compliance with procurement requirements and that the
buses were accounted for properly. He also indicated that KPMG would check the
contract.
Mr. Ragone discussed the audit requirements under A-13 3 Single Audit. KPMG
uses a five step approach to this audit, which includes testing compliance with
program requirements. The following programs are expected to meet the criteria
for being included in this year's audit:
. Title I and Special Education
. Food Stamps
. Medicaid
. Federal Transit Capital and Operating Grants [GRTC]
. Community Development Block Grant [CDBG]
The City is designated as a high-risk auditee and 50 percent of its grant
expenditures must be subjected to single audit procedures. Ms. Mason asked Mr.
Ragone to explain the cause for the high-risk designation. He explained that
findings related to GRTC procurement in 2008 and related to payroll certifications
at the Schools in 2007 required the current designation. Additionally, he stated
that three years ago the ,City was a low-riskauditee.
Mr. Ragone discussed the fact that federal stimulus money is expected to be
flowing through the City in fiscal year 2010, increasing the number of programs
that will require single audits. Ms. Mason commented that she was glad to hear
the stimulus package funding would be audited because federal funds coming in
should be spent wisely and correctly; documentation should indicate a clear audit
trail. Ms. Burcham reported the City's Web site includes a stimulus page which
lists the funds awarded to the City and the grants for which the City has applied.
Audit Committee Minutes - June 1, 2009
Page 4
Ms. Burcham explained that this web page is one way in which the City is
addressing the issue of transparency related to stimulus fund spending. She also
stated that no funding has yet been received. Mr. Ragone discussed stimulus
money reporting requirements and share'd KPMG's recommendation that localities
not spend stimulus funds until after July 1, 2009, to avoid additional audit
requirements in the current fiscal year.
Mr. Ragone completed his review of the audit plan and invited the Audit
Committee to contact both himself and KPMG Engagement Partner Tim Conner if
they should have any questions or concerns about the annual audit.
Chairman Lea asked if there were any questions or comments. There were none.
Chairman Lea ordered that the KPMG report on the City of Roanoke Fiscal Year
2009 - Audit Committee Planning Meeting be received and filed. There were no
objections.
5. I NTERNAL AU DITS
A Clerk of the Circuit Court
. Report from Auditor of Public Accounts
B. Code Enforcement
. Addendum to Management Response
C. Police Cash Funds
Chairman Lea ordered that items A through C be received and filed. There
were no objections to the order. Chairman Lea recognized Mr. Harmon for
comments.
Clerk of the Circuit Court: Mr. Harmon noted that the audit was conducted in
accordance with the audit program designed by the Virginia Auditor of Public
Accounts [APA]. He referred Committee members to an enclosed letter from
the APA indicating that the audit was successfully completed and no findings
were noted.
There were no questions from the Committee.
Code Enforcement: Mr. Harmon discussed that while Code Enforcement is
responsible for upholding various codes and ordinances that promote clean,
safe, and attractive neighborhoods, this audit focused only on the property
maintenance code. He applauded Code Enforcement's efforts to improve
.-:}:
Audit Committee Minutes - June 1, 2009
Page 5
compliance and acknowledged the significant challenges associated with
enforcing property maintenance codes.
Ms. Mason asked Ms. Burcham to discuss any improvements planned in
response to the audit recommendations. There was a general discussion about
how stringently property maintenance code should be enforced when
considering the general condition of older properties, community norms, and
funding of inspection staff. Ms. Burcham noted Inspectors enforce weed and
inoperable vehicle laws in addition to the property maintenance code, and that
it is a challenge to respond to the volu me of complaints reported by citizens.
A high percentage of complaints are ,addressed by owners once cited. An
inordinate amount of time and resources are used in working with the owners
who do not comply with require,ments. Ms. Burcham commented that
Council's decision to fund a full-time attorney in the Commonwealth Attorney's
Office to prosecute code violations has had a very positive effect..
Dr. Cutler noted that the Code Enforcement report indicated a problem with
record keeping and asked how this could be improved. Ms. Burcham discussed
plans to further develop the code enforcement system, Accela, so that
Inspectors can access and update records from the field. Procedures will also
be developed to improve the consistency of information recorded by
Inspectors.
Mr. Rosen observed that various neighborhood associations have different
priorities based on the unique conditions in each neighborhood. He felt that
the consistency of enforcement could be affected as a result of Inspectors
trying to be responsive to neighborhood associations.
Mr. Harmon acknowledged the challenges faced by Code Enforcement. He
discussed consistent enforcement in terms of management developing a
minimum standard for property condition. He indicated that such a floor is
necessary to protect the investment of responsible homeowners and to prevent
further property deterioration in neighborhoods.
Mr. Harmon reemphasized the need to more fully develop the Accela system,
to develop and manage a strategy for improving overall compliance with the
City's property maintenance code, as well as the need for written policies and
procedures.
Chairman Lea asked if there were any questions or comments. There were
none.
Police Cash Funds: Chairman Lea asked Mr. Harmon to comment on the Police
Cash Funds audit. Mr. Harmon responded that there were no findings in the
report. Furthermore, he noted that there is an ongoing issue with the
Audit Committee Minutes - June 1, 2009
Page 6
application of the DUI recovery fee due to the wording in the State Law and that
the Police department and City Attorney's Office are evaluating the proper
application of the fee. He reported that Municipal Auditing would review the
fee again as part of the 2009 Police Cash Funds audit.
Other Discussion: Chairman Lea asked Mr. Harmon if department heads of
. areas being audited could be notified to attend the Audit Committee meetings,
or have a representative attend in their place, in case the committee members
have questions. Mr. Harmon responded that a memo is issued to each
department head notifying them of the date, time and location of the Audit
Committee meeting.
Dr. Cutler asked for comments from Mr. Harmon and Ms. Shawver regarding
the Capital Spending Analysis included in the audit package. This analysis was
not considered a formal audit report and, therefore, was not placed on the
agenda for discussion. Mr. Harmon explained that, in the course of audit
planning, his department made note of the large dollar revenues and
expenditures in the Capital Projects Fund. He asked his staff to develop an
analysis to provide a clearer understanding of the City's investment in capital
projects and use of debt funding. Mr. Harmon felt the analysis was interesting
and afforded a perspective on spending that the Audit Committee might find
informative. The analysis was not intended to render any specific conclusions.
In general, it showed the City's investment in Public Works trailing behind
inflation, as well as significant increases in capital spending and debt funding
over the last 1 5 years.
Ms. Shawver commented that the analysis has prompted her to review the
City's accounting for non-capitalizable items that are currently recorded in the
Capital Projects Fund. She discussed the City's contribution to the Art Museum
as one example of a significant investment of City funds that does.not result in
a tangible asset. Ms. Shawver noted that replacing the City's two high schools
and the investment in the South Jefferson project contributed to the growth in
capital spending. Ms. Shawver felt the analysis was beneficial.
Dr. Cutler asked Mr. Harmon to discuss the investment in Public Works in more
detail and asked if the City is falling behind in maintaining its infrastructure.
Mr. Harmon commented that the City's spending on Public Works is lower per
capita than that of many other cities based on comparative reports published
by the Auditor of Public Accounts [APA]. Public Works spending has also not
kept pace with inflation over the past 1 5 years. This indicates a potential
under-investment in maintenance of the City's infrastructure.
Ms. Burcham commented that Schools, Public Safety, and Human Services have
been given priority over Public Works in recent years. Dr. Cutler noted that the
City appears to be building new things and not taking care of the old things.
Audit Committee Minutes - June 1, 2009
Page 7
Ms. Burcham replied that it is a recogni~ed issue and one which they continue
to work to address.
Chairman Lea asked if there were any questions or comments. Dr. Trinkle
inquired if the committee would be receiving an audit plan from Mr. Harmon.
Mr. Harmon responded that he would like to meet with the Chair and Vice-
Chair of the Audit Committee to discuss audit planning. He anticipates
presenting an audit plan at the next Audit Committee meeting.
6. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:10 p.m.
~ ;fi~.
Sherman P. Lea, Chair
/
ELECTORAL BOARD
215 Church Avenue, SW, Room 109
Roanoke, Virginia 24011
PO Box 1095
Roanoke, Virginia 24005
540.853.2281 fax: 540.853.1025
December 1, 2009
Ms. Stephanie Moon, City Clerk
215 Church Avenue, SW
Municipal South, Room 456
Roanoke, Virginia 24011
Dear Ms. Moon:
Pursuant to Section 24.2-675 of the Virginia Election Laws,
attached is a certified copy of the abstract of votes cast
in the General Election held in the City of Roanoke on
Tuesday, November 3, 2009.
Dh:7.: {{J1'
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Deirdre J. Martin, Secretary
City of Roanoke Electoral Board
F. GORDON HANCOCK
Chairman
CARL T. TINSLEY, SR.
Vice Chairman
DEIRDRE J. MARTIN
Secretary
ABSTRACT OF VOTES
Cast in the ~9VCity of ROANOKE
at the November 3,2009 General Election, for:
, Virginia,
GOVERNOR
NAMES OF CANDIDATES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Robert F. "Bob" McDonnell- R
9,929
R. Creigh Deeds - D
10,731
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. 21
Total Number of Overvotes for Office ........................................................... 0
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 8 th day of November, 2009.
A copy teste:
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ABSTRACT OF VOTES
Cast in the ~~y/City of ROANOKE
at the November 3, 2009 General Election, for:
, Virginia,
LIEUTENANT GOVERNOR
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
William T. "Bill" Bolling - R
Jody M. Wagner - D
9,524
10,709
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. 14
Total Number of Overvotes for Office ........................................................... 0
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election for the office indicated above.
Given under our hands this
8 th day of November, 2009.
A copy teste:
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I Vice Chairman
ABSTRACT OF VOTES
Cast in the ~~Y/City of ROANOKE
at the November 3, 2009 General Election, for:
, Virginia,
ATTORNEY GENERAL
NAMES OF CANDIDATES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Ken T. Cuccinelli II - R
9,926
Stephen C. Shannon - D
10,349
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ,.................................................
8
Total Number of Overvotes for Office ...........................................................
o
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election for the office indicated above.
Given under our hands this
8 th day of November, 2009.
A copy teste:
a- J1J-.t-& A. ~~ , Chairman
~ ,ViceChainnan
, ' Secretary
~~secretary, Electoral Board
ABSTRACT OF VOTES
Cast in the ~oo:mt:y/City of ROANOKE
at the November 3, 2009 General Election, for:
, Virginia,
MEMBER
HOUSE OF DELEGATES
11TH
ENTER DISTRICT NUMBER
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Troy Bird - R
3,754
Onzlee Ware - D
6,766
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes].................................................
18
Total Number of Overvotes for Office ...........................................................
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election for the office indicated above.
o
Given under our hands this
8 th day of November, 2009.
A copy teste:
'"'i/<':~::'~~,.:':.':" ";~>...,
"'\j ';"., (, >,'11
"1\ ",":,:,:: :I;;oIF ,.".:,' "\ ) ':. .
;',1""', '.. .-' hi"",' (.,
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f' \~ ),' '''" \ I
t,'. ,.,' , ' . (- I
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, .,.<-.:~../,:.:...... ,....
~4 ~.~ ,Chairman
~G../vL-~.:l + ':l A../..\.~y , Vice Chairman
()~~ ,Secretary
~~ ~ Secretary, Electoral Board
ABSTRACT OF VOTES
Cast in the l&~y/City of ROANOKE
at the November 3, 2009 General Election, for:
, Virginia,
MEMBER
HOUSE OF DELEGATES
17TH
ENTER DISTRICT NUMBER
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Bill H. Cleaveland - R
5,380
Gwen W. Mason - D
4,419
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ..................................................
7
Total Number of Overvotes for Office ...........................................................
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election for the office indicated above.
o
Given under our hands this
8 th day of November, 2009.
A copy teste:
,.-",....."~ -
..'
,.,"""" .....,
/' "'j " .""
C"l.r ,~,' ,\j
\. ,,\ (. !
.... (1,,-,. ,I \ I
. /, ,. "
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.......... .~. ,,'f"'"
~~ .4, ~~t
tI;::::;':~~
,()~ ~... Secretary, Electoral Board
I Chairman
, Vice Chairman
, Secretary
ABSTRACT OF VOTES
Cast in the City of ROANOKE
at the November 3, 2009 General Election, for:
,virginia,
SHERIFF
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Octavia L. Johnson
8,396
c. Frank Garrett III
8,257
Brian C. Keenum
3,125
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes].................................................
16
Total Number of Overvotes for Office ...........................................................
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person has received the greatest number of votes cast for the above
office in said election:
o
octavia L. Johnson
Given under our hands this
8 th day of November, 2009.
A copy teste:
, Chairman
, Vice Chairman
, Secretary
f)~~ Secretary, Electoral Board
ABSTRACT OF VOTES
Cast in the City of ROANOKE
at the November 3,2009 General Election, for:
,Virginia,
COMMONWEALTH'S ATTORNEY
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Donald S. Caldwell
15,799
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. 137
Total Number of Overvotes for Office ........................................................... 0
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 3/ 2009/ do hereby certify that the
above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person has received the greatest number of votes cast for the above
office in said election:
Donald S. Caldwell
Given under our hands this
8 th day of November, 2009.
A copy teste:
.3-~~ A,~
~~
~~ Secretary, Electoral Board
I Chairman
, Vice Chairman
, Secretary
ABSTRACT OF VOTES
Cast in the City of ROANOKE
at the November 3, 2009 General Election, for:
,Virginia,
COMMISSIONER OF REVENUE
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Douglas F. Walker
9,217
Sherman A. Holland
9,578
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ,.................................................
25
Total Number of Overvotes for Office ...........................................................
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person has received the greatest number of votes cast for the above
office in said election:
o
Sherman A. Holland
8 th day of November, 2009.
Given under our hands this
A copy teste:
~~_ A- ~
C~:l~
o ~~~ ~ Secretary, Electoral Board
. 1
, Chairman
, Vice Chairman
, Secretary
ABSTRACT OF VOTES
Cast in the City of ROANOKE
at the November 3, 2009 General Election, for:
,Virginia,
TREASURER
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Evelyn W. Powers
17.241
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ..................................................
97
Total Number of Overvotes for Office ...........................................................
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person has received the greatest number of votes cast for the above
office in said election:
o
Evelyn W. Powers
Given under our hands this
8 th day of November, 2009.
A copy teste:
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
oc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of December, 2009.
No. 38654-120709.
AN ORDINANCE authorizing the City Manager to execute the necessary documents providing
for the conveyance of 6.020 acres of City-owned property, to Coyner Springs Community Cemetery, Inc.,
being located on Coyner Springs Road (State Route 660) in eastern Botetourt County, Virginia, bearing
Official Tax No. 108(9)4A, upon certain terms and conditions; and dispensing with the second reading of
this ordinance.
WHEREAS, a public hearing was held on December 7, 2009, pursuant to ggI5.2-1800(B) and
15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City,
to execute and attest, respectively, the necessary documents providing for the conveyance of 6.020 acres
of City-owned property, bearing Official Tax No. 108(9)4A, to Coyner Springs Community Cemetery,
Inc., reserving a right for the City to use the cemetery for any indigent burials in the future, and the
purchase price of the property shall be the payment of any and all costs incurred by the City to convey the
property, including the cost incurred for the public hearing advertisement, upon certain terms and
conditions, and as more particularly shown on the map attached to the City Manager's letter to this
Council dated December 7, 2009.
2. All documents necessary for this conveyance shall be in form approved by the City
Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
AE. ESTT::, . .. ~
~~ tn. h'Jb~
. . . City Clerk.
'.... ....
"
K: \David\Council W ork\O-Convey Coyoner Springs cemetery property. 12-7 -09 .doc
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva,gov
December 7, 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 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: Sale of City-owned Property:
Tax Map No.1 08(9)4A Located
in Botetourt County, Virginia
Background:
Reverend Dwight O. Steele, Sr. proposing to do business as Coyner Springs
Community Cemetery, Inc., has expressed an interest in purchasing an
approximately 6 acre City-owned parcel located on Coyner Springs Road (State
Route 660) in eastern Botetourt County, on a portion of which is located a
cemetery. This cemetery has been used over several decades for burial of
indigent citizens, and also contains relocated remains from cemeteries that
were removed with the construction of Interstate 581. Coyner Springs
Community Cemetery, Inc. intends to continue use of the property as an "at
need only" non-profit community cemetery under exemptions contained in the
Code of Virginia, Section 54.1-2312. A and B. The City of Roanoke no longer
uses the property for indigent burial purposes, and disposition of this property
would relieve the City of ongoing maintenance obligations while allowing the
property to continue to be used for burial purposes for those needing
affordable options. Coyner Springs Community Cemetery, Inc., would be
responsible for future maintenance of the property, and has agreed that the
City would retain the right to use the cemetery for any indigent burials in the
future should such a need arise.
Honorable Mayor and Members of City Council
December 7, 2009
Page 2
The City has incurred costs of $3,000 to create a subdivision plat and boundary
survey to define the 6.02 acre property. This plat has been approved by
Botetourt County and subsequently recorded in the Botetourt County Circuit
Court. An amount equal to this preparatory cost ($3,000) would be paid to the
City by Coyner Springs Community Cemetery, Inc., as compensation for the
property upon the closing of the real estate transaction along with cost incurred
for public hearing advertisement, if authorized by City Council. A copy of the
Plat is attached. In accordance with City policy, the proceeds from this sale
would accrue to the City's Reserve for Economic and Community Development
in our Capital Projects Fund. ~
Recommended Action:
Authorize the City Manager to execute a deed, and any other appropriate
documents, approved as to form by the City Attorney, necessary to convey tax
parcel 108(9)4A located in Botetourt County, Virginia to Coyner Springs
Community Cemetery, Inc., for the sum of $3,000; such documents to be
approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. B
City Manage
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
Jane R. Conlin, Director of Human/Social Services
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
CM09-00207
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The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
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I NOTICE OF PUBLIC 1~~15.2-18DD(B) and 1813'
HEARING ,Code of Virginia (1950.) as'
I jamended' notice Is her~b '
The City of Roanoke given that the City Counci~1
) proposes to convey a 6.0.20. of the City of Roanoke willi
acre City-~wned parcel to hold a pUblic hearing on the'
I Coyner Springs Community: above matter at its regular'
I Cemetery, Inc.. be.jngj mSe1i!lg__l1Lbe_held' o~-=~_
I located on Coyner Springs Monday, Oecember- 7 I
I Road (State Route 660.) in 20.0.9, commencing at 2'0.0
east~r~ Botetourt County, ,p.m., or as soon thereatter'
I Virginia, designated as"as the mailer may be
I "New Tract "A", as Shown/heard, in the Council'
II o~ the Plat entitled "The Chambers, 4th Floor Noel
I Minor Subdivision of Tax C. Taylor Municipal Building
I Parcel #10.8(9)4 Located 215 Church Avenue S W '
Off of Coyner Springs Road Roanoke, Virginia 2401:(
, ~tate Route #660. Located Fu~ther inform'~tion is
In the Valley Magisteriallavallable from the Office of
I Distri~t,,, Botetourflcounty,!the City Clerk for the City of
I Virginia, of record in the R 0 a n 0 k eat (5 40.)
Clerk's Office of the Circuit 853-2541. I
I C~urt.of ~otetourt county,l Citize~s shall have the'
Virginia, In Map Book 48, opportunity to be heard and
I Page 49, to be used as an express their opinions on
"at need only" non-proflt'saidmatler, ' I ,'. C,;
I community cemetery. r !f you.are a person with a'
Pursuant to thed,sab'lity who needs'
Ire q u ir. em e n t s , 0 facc~mmodalions for this'
, , I h~arrng, please contact the'
I lClty Clerk's Office at (540.)
I 853-2541, before 12:0.0.
c. on 0 0 non T h u r S day I.
I ecember .3, 20.0.9. ' r
GIVEN under my hand this
I, I~gri~. day of November!
I '::C Stephanie M. Moon, CMC'
City Clerk
I (11789549) f',
I -- -:- '
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE: 80084300
11789549
State of Virginia
City of Roanoke
NPH-Coyner Springs C
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
p~blished in said newspapers on the following
dates:
." r.,..
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."'- 'l~ "".
",' ;: ";-:f
City/County of Roanoke, Commonwealth/State of
Vir~i~ja. Sworn and subscribed before me this
__~ll1!aay of NOV 2 Witness my hand and
official seal.
--------------~---:~------------------------------+-----------------------~
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Billing Services Representativg.
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PUBLISHED ON:
11/20
TOTAL COST:
FILED ON:
230.88
11/20/09
Authorized ., ~ ..J-
Signature'__(~~r_
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NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey a 6.020 acre City-owned parcel to Coyner Springs
Community Cemetery, Inc., being located on Coyner Springs Road (State Route 669) in eastern
Botetourt County, Virginia, designated as "New Tract "A", as shown on the Plat entitled ",~The Minor
Subdivision of Tax Parcel # I 08(9)4 Located Off of Coyner Springs Road State Route #660 Located
in the Valley Magisterial District, Botetourt County, Virginia", of record in the Clerk's Office of the
Circuit Court of Botetourt County, Virginia, in Map Book 48, Page 49, to be used as an "at need
only" non-profit community cemetery.
Pursuant to the requirements of ~~15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, December 7, 2009,
commencing at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers,
4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011.
Further information is available from the Office ofthe City Clerk for the City of Roanoke at (540)
853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, December 3,
2009.
GIVEN under my hand this 13t%ay of November ,2009.
Stephanie M. Moon, CMC '
City Clerk
K:\David\Council W ork\PH -sale of city property-Coyner Springs Rd. 1 1-16-09 .doc
Notice to Publisher:
Publish once in the Roanoke Times on Friday, November 20, 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:
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715
'~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of December, 2009.
No. 38655-120709.
A RESOLUTION closing certain City offices Thursday, December 24, 2009, and closing at
noon Thursday, December 31,2009, and providing for additional holiday leave for all City employees.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. City offices that are not engaged in performing emergency services or other necessary
and essential services of the City shall be closed Thursday, December 24, 2009, and shall be closed at
noon Thursday, December 31,2009.
2. City personnel who are not engaged in performing emergency servIces or other
necessary 'and essential services for the City shall be excused from work for eight hours Thursday,
December 24, 2009, and for four hours Thursday, December 31, 2009.
3. With respect to emergency service employees and other employees performing
necessary and essential services who cannot for reasons of public health, safety or welfare be excused
from work Thursday, December 24,2009, and at noon Thursday, December 31, 2009, such employees,
regardless of whether they are scheduled to work Thursday, December 24, 2009, or Thursday,
December 31, 2009, shall be accorded time off at a later date. Employees of the Fire-EMS Department
working the three platoon system shall receive a total of eighteen hours of holiday time due to their
work schedule for the two holidays.
"-,<, ;..~ .; ;1
'., ..'
":t .j "
K:\Measures\holiday time off december 2009.doc
4. Adherence to this resolution shall cause no disruption or cessation of the performance
of any emergency, essential or necessary public service rendered or performed by the City.
'~ ,ATTEST:
" ,
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'r:
K:\Measures\holiday time off december 2009.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 7, 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 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: Additional Year-end Holiday Time
Background:
The Commonwealth of Virginia will be giving its employees a half day off on
Wednesday, November 25th, the day before Thanksgiving and all day Thursday,
December 24th, Christmas Eve. This is in addition to their regularly scheduled
holidays. Given the City's budget constraints this year, we were unable to
provide pay increases to our staff and a significant number of staff positions
were eliminated. The downsizing has added additional responsibilities to many
of our remaining staff members. In spite of that, our employees have
consistently maintained a positive attitude as we all work through these difficult
economic times.
Recommended Action:
Adopt the attached resolution approving additional holiday time consisting of
all day on Christmas Eve and a half day on New Year's Eve for all City employees
in recognition of their outstanding service throughout the year.
Respectfully submitted,
Darlene L. Bur
City Manager
Honorable Mayor and Members of City Council
December 7, 2009
Page 2
DLB/rbl
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Carolyn H. Glover, Acting Director of Human Resources
Sherman M. Stovall, Director of Management and Budget
CM09-00208
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of December, 2009.
,'10.. ~:3865~":"J20109,.:, .
AN ORDINANCE to appropriate funding from the Roanoke City Schoof Board, for the 21st
Century Community Learning Centers workshops, amending and reordaining certain sections of the
2009-2010 General and Capital Projects Funds Appropriations, and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the
2009-2010 General Fund Appropriations be, and the same are hereby, amended and reordained to read
and provide as follows:
General Fund
Appropriations
Temporary Employee Wages-School Workshops
School Workshops
Revenues
Community Learning Center Program Charges
01-650-7310-1019
01-650-7310-2235
$ 24,000
4,000 '
01-110-1234-0888
28,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
;"
~hJ'''1b\W
- City Clerk.
\
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 7, 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: 21 st Century Community
Learning Centers
Background:
Roanoke City Schools is the recipient of 21 st Century Community Learning
Center grants for Hurt Park Elementary School and Westside Elementary
School. The City of Roanoke Library System is a co-partner in these grants.
The Community Learning Centers created as a part of these grants provide
students, families and the community after-school and summer learning
opportunities to improve academic achievement, school attendance, and
personal behavior.
The grant provides $28,000 for professional development training sessions
and reading/writing teachers. Roanoke Public Libraries will provide four
professional development training sessions per year presented by guest
speakers and seminars at an anticipated cost of $4,000. Sessions will
include resources and ideas to encourage reading by incorporating
interactive and literacy based activities into the classroom. The library hired
reading specialists (hourly employees) will work with library Youth Services
staff to provide weekly programs, summer programs and professional
development workshops at an anticipated cost of $24,000.
Honorable Mayor and Members of City Council
December 7, 2009
Page 2
Considerations:
21 sl Century grants were awarded and appropriated to the Roanoke City
Schools for Hurt Park Elementary School and Westside Elementary School by
the School Board on October 1 3, 2009 and by City Council on October 22,
2009. The Roanoke Public Libraries as a co-partner will receive funds for year
one provided by the multi-year grant from the schools to facilitate the
services this year in the grant agreement. City Council action is needed to
appropriate these funds to the library's operational budget so that reading
specialists can be hired and workshops can be provided.
Recommended Action:
Adopt the accompanying budget ordinance to appropriate $28,000 in the
library operating expenditure budget as well as increase the revenue budget
in account 01-110-1234-0888 (Community Learning Center Program
Charges) in the same amount.
Darlene L. Bu cham
City Manager
DLB:su
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
Sheila S. Umberger, Director of Libraries
Sherman M. Stovall, Director of Management and Budget
CM09-00206
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
December 10, 2009
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 38657-120709 amending and reordainiflg Section
21-205, Definitions, and Section 21-206, Noise disturbances - Prohibited qenerallv, of
Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke (1979), as
amended; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 7,2009; and is in full force and effect upon
its passage.
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
Enclosure
pc: The Honorable Brenda S. H~milton, 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
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Lora A. Wilson, Law Librarian
Joe Gaskins, Chief of Police
Cecelia T. Webb, Assistant Deputy City Clerk
L:\CLERK\DAT A \CKSM I \Agenda.09\December 7,2009 Correspondence. doc
~{D'1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of December, 2009.
No. 38657-120709.
AN ORDINANCE amending and reordaining Section 21-205, Definitions, and Section
21-206, Noise disturbances-Prohibited generally, of Chapter 21, Offenses--Miscellaneous, 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;-'\ Section 21-205, Definitions, and Section 21-206, Noise disturbances-Prohibited
generally, of Chapter 21, Offenses--Miscellaneous, of the Code of the City of Roanoke (1979),
as amended, are hereby amended and reordained to read and provide as follows:
Sec. 21-205. Definitions.
The following words, when used in this article, shall have the following
respective meanings, unless the context clearly indicates a different meaning:
* * *
Noise disturbance means any sound which by its character, intensity and
duration:
(1) Endangers or injures the health or safety of persons within the city, or annoys
or disturbs p~rsons within the city, and
(2) Can be heard clearly by a person using his or her unaided hearing faculties.
"^,,-,~.nQYs or disturbs reasonable persons of normal sensitiyities v/ithin the city.
Specific examples of prohibited noise disturbances are set forth in Section 21-207
of this Code.
* * *
Sec. 21-206. Noise disturbances--Prohibited generally.
It shall be a Class 2 misdemeanor and a public nuisance for any person to
willfully make, permit, continue or cause to be made, permitted or continued any
noise disturbance, including those set forth in Section 21-207.
O-Amending Section 2] -Noise Ordinance.doc
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:, .
!~rn.1jO&N
O-Amending Section 21-Noise Ordinance.doc
CITY OF ROANOKE
OFFICE OF CITY ATIORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE. VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATfORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: cityatty@roanokeva.gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATfORNEYs
December 7, 2009
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
Subject:
Amendments to Article VII, Noise
Control, of Chapter 21, Offenses-
Miscellaneous, ofthe Code of the City
of Roanoke (1979), as amended
Recently, in the case of Tanner v. City of Virginia Beach, 277 Va. 432,674 S.E.2d 848
(2009), the Virginia Supreme Court held that the general noise prohibition of a local ordinance
adopted by the City of Virginia Beach was unconstitutionally vague, in violation ofthe Due Process
Clause ofthe Fourteenth Amendment ofthe United States Constitution. The ground for the Virginia
Supreme Court's decision was that the local noise ordinance did not have "ascertainable standards"
and thereby failed to give "fair notice" to citizens of what acts would constitute a violation of the
ordinance. In so holding, the Court found that the general prohibition against "unreasonably loud"
noise was unconstitutional. The Virginia Supreme Court's decision has been appealed to the United
States Supreme Courtby the City of Virginia Beach, but the United States Supreme Court has not yet
decided whether it will consider the appeal. In any event, soon after the Virginia Supreme Court's
decision, I requested that the City of Roanoke's Police Department suspend enforcement of the
City's noise ordinance, pending review of the ordinance.
Roanoke's noise ordinance is somewhat similar to Virginia Beach's noise ordinance, as are
those of many other jurisdictions in Virginia. Specifically, Section 21-205 ofthe Code of the City
of Roanoke (1979), as amended ("City Code"), currently defines "noise disturbance" as "any sound
which by its character, intensity and duration, . . . annoys or disturbs reasonable persons of normal
sensitivities within the City" (italics added to citation). While Roanoke's noise ordinance contains
ascertainable standards with respect to certain noises, such as radios, television sets, musical
instruments, loud speakers, and horns or whistles, the ordinance's references to "reasonable persons
of normal sensitivities" is similar to what the Supreme Court found objectionable in Virginia
Beach's ordinance.
The Honorable Mayor and Members
of City Council
Page Two
December 7, 2009
Working with representatives of the Police Department and the Planning Building and
Development Department, my office has drafted amendments to Roanoke's noise ordinance which
address the Virginia Supreme Court's ruling and which incorporate suggestions from the relevant
City departments. Specifically, the amendments delete the "reasonable person" standard, and replace
it with language more consistent with the Virginia Supreme Court's ruling. An ordinance amending
Sections 21-205 and 21-206 ofthe City Code is attached for your consideration.
I have attached for your reference copies of Sections 21-204 through 21-208, which constitute
the City's noise ordinance.
Please let me know if you have any questions about this matter.
With kindest personal regards, I am
Sincerely yours,
tJ~ 11. ~
William M. Hackworth
City Attorney
Attachments
c: Stephanie M. Moon, City Clerk
Darlene L. Burcham, City Manager
Ann H. Shawver, Director of Finance
A. L. Gaskins, Chief of Police
R. Brian Townsend, Asst. City Manager for Community Development
...
ARTICLE VII. NOISE CONTROL*
*Cross references: Unlawful use of sound equipment in buildings or other premises, S 21-42.
Charter references: Authority of city to prevent mmecessary noise, S 2(16).
Sec. 21-204. Declaration of policy.
At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of
inhabitants of the city, and in the public interest noise should be restricted. It is, therefore, the
policy of the city to reduce noise in the community and to prohibit unnecessary, excessive and
annoying noises from all sources subject to its police power.
(Ord. No. 30533, S 1,5-20-91)
Sec. 21-205. Definitions.
The following words, when used in this article, shall have the following respective meanings,
unless the context clearly indicates a different meaning:
Motor vehicle means every vehicle defined as a motor vehicle by section 46.2-100, Code of
Virginia (1950), as amended.
Noise disturbance means any sound which by its character, intensity and duration:
(1) Endangers or injures the health or safety of persons within the city, or
(2) Annoys or disturbs reasonable persons of normal sensitivities within the city.
Public property means any real property owned or controlled by the city or any other
governmental entity.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk or alley.
Real property boundary means the property line along the ground surface, and its veliical
extension, which separates the real property owned by one (1) person from that owned by
another person.
Residential has reference to single-family, multifamily and residential mixed density zoning
district classifications.
Sound means an oscillation in pressure, particle displacement, particle velocity, or other physical
parameter, in a medium with intema1 forces that cause compression and rarefaction of that
medium, and which propagates at finite speed. The description of sound may include any
characteristic of such sound, including duration, intensity and frequency.
(Ord. No. 30533, S 1,5-20-91; Ord. No. 37350, S 3,4-3-06)
Sec. 21-206. Noise disturbances--Prohibited generally.
It shall be a Class 2 misdemeanor and a public nuisance for any person to willfully make, permit,
continue or cause to be made, pennitted or continued any noise disturbance. .
(Ord. No. 30533, S 1,5-20-91)
Sec. 21-207. Same--Specific prohibitions.
Subject to the exceptions provided in section 21-208, any of the following acts, or the causing or
permitting thereof, among others, is declared to be a noise disturbance constituting a Class 2
misdemeanor and a public nuisance, but such enumeration shall not be deemed to be exclusive:
1
(1) Radios, television sets, musical instruments and similar devices. Operating, playing or
permitting the operation or playing of any radio, amplifier, television, record, tape or compact
disc player, drum, musical instrument or similar device:
a. Between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to permit sound to be
heard across a residential real property boundary;
b. When the sound source is located within a motor vehicle in or upon public right-of-way or
public property and the sound can be heard more than fifty (50) feet from its source; or
c. Between the hours of 8 :00 a.m. and 10:00 p.m. in such a manner as to permit sound to be
heard on residential property more than fifty (50) feet from the boundary line of its source.
(2) Loudspeakers, public address systems and sound trucks.
a. Using, operating or permitting the operation of any loudspeaker, public address system,
mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or
public property for any commercial purpose; or
b. U sing, operating or pennitting the operation of any loudspeaker, public address system,
mobile sound vehicle or similar device amplifying sound therefrom for any noncommercial
purpose between the hours of 10:00 p.m. and 8:00 a.m. such that the sound therefrom creates a
noise disturbance across a residential real property boundary.
(3) Horns, whistles, etc. Sounding or permitting the sounding of any horn, whistle or other
auditory sounding device on or in any motor vehicle on any public right-of-way or public
property, except as a warning of danger.
(4) Explosives, fireworks and similar devices. Using or firing any explosives, fireworks or
similar devices which create impulsive sound so as to create a noise disturbance across a real
property boundary or on any public right-of-way or public property between the hours of 10:00
p.m. and 8:00 a.m.
(5) Yelling, shouting, etc. Yelling, shouting, whistling or singing between the hours of 10:00
p.m. and 8:00 a.m. so as to create a noise disturbance across a residential real property boundary
or on a public right-of-way or public property.
(6) Schools, public buildings, churches and hospitals. The creation of any noise disturbance
within any school, court, public building, church or hospital or on the grounds thereof.
(Ord. No. 30533, S 1,5-20-91; Ord. No. 37673, S 1,2-5-07)
Sec. 21-208. Same--Exceptions.
Sections 21-206 and 21-207 shall have no application to any sound generated by any of the
following:
(1) Sound which is necessary for the protection or preservation of property or the health, safety,
life or limb of any person.
(2) Any speech of any kind.
(3) Noncommercial public speaking and public assembly activities conducted on any public
right-of-way or public property for which a permit has been issued by the city.
(4) Radios, sirens, horns and bells on police, fire or other emergency response vehicles.
(5) Parades, fireworks, school-related activities and other special events or activities for which a
permit has been issued by the city, within such hours as may be imposed as a condition for the
issuance of the pennit.
(6) Activities on or in municipal and school athletic facilities and on or in publicly owned
property and facilities, provided that such activity has been authorized by the owner of such
property or facilities or its agent.
2
(7) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for
the owner or tenant in possession of the premises served by any such alarm to tum off the alaml.
(8) Religious services, religious events or religious activities, including, but not limited to
music, bells, chimes and organs which are a part of such service, event or activity.
(9) Locomotives and other railroad equipment and aircraft.
(10) The striking of clocks.
(Ord. No. 30533, S 1,5-20-91)
...,
.J
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
r
STEPHANIE M. MOON, CMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
December 11 , 2009
CECELIA T. WEBB
Assistant Deputy City Clerk
Harwell M. Darby, Jr., Secretary
Economic Development Authority
c/o Glenn, Feldmann, Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Donald Gurney, Bond Counsel
Hawkins Delafield and Wood LLP
One Chase Manhattan Plaza
42nd Floor
New York, New York 10005
Karin DeMoors
Public Financial Management
4350 North Fairfax Drive, Suite 580
Arlington, Virginia 22203-1636
Dear Ms. DeMoors and Gentlemen:
I am 'enclosing copies of Resolution No. 38658-120709 designating a Recovery Zone
for purposes of the issuance of Recovery Zone Economic Development Bonds,
pursuant to the American Recovery and Reinvestment Act of 2009; Resolution No.
38659-120709 designating the Roanoke River Flood Reduction Project to be the
recipient of funding for purposes of the issuance of Recovery Zone Economic
Development Bonds, pursuant to the American Recovery and Reinvestment Act of
2009; and Resolution No. 38660-120709 designating a Recovery Zone ~or purposes of
the issuance of Recovery Zone Facility 'Bonds, pursuant to the American Recovery and
Reinvestment Act of 2009.
The abovereferenced measures were adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, December 7,2009.
Sincerely,
~ rn,'1o.-J
Stephanie M. Moon,CMC .
City Clerk
Enclosures
L: \CLERK\D AT A \CKSM I \Agenda.09\December 7, 2009 Correspondence. doc
Harwell M. Darby, Jr.
Donald Gurney
Karin De Moors
December 11 , 2009
Page 2
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
L:ICLERKIDAT A ICKSM I IAgenda.09lDecember 7, 2009 Correspondence. doc
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of December, 2009.
No. 38658-120709.
A RESOLUTION designating a Recovery Zone for purposes of the issuance of Recovery Zone
Economic Development Bonds pursuant to the American Recovery and Reinvestment Act of 2009.
WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) authorizes the
issuance of Recovery Zone Economic Redevelopment Bonds (RZEDBs), in such amounts as may be
allocated to be issued within specified localities, which may be used for capital expenditures for public
facilities and infrastructure;
WHEREAS, RZEDBs in the amount of$I,602,000 have been allocated for issuance for use in the
City of Roanoke within a designated Recovery Zone;
.
WHEREAS, the City may designate a Recovery Zone "in any reasonable manner as it shall
determine in good faith in its discretion" as long as such area, among other possible criteria, is be found to
be an area of "general distress;" and
WHEREAS, as recommended by a Selection Committee, the Director of Finance has recommended
that an area adjacent to both banks of the Roanoke River in the City and within five hundred (500) feet of
the normal high water mark of the river's banks be designated as a Recovery Zone.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that it hereby finds that
the area adjacent to both banks of the Roanoke River in the City and within five hundred (500) feet ofthe
normal high water mark of the river's banks is an area of "general distress" within the meaning of the
ARRA, and hereby designates such area as a Recovery Zone, as that term is defined in the ARRA.
A TiTES'F:
MM~ in rYJotyJ
City Clerk.
K:IMEASURES\RZB I,DOC
~~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of December, 2009.
No. 38659-120709.
A RESOLUTION designating the Roanoke River Flood Reduction Project to be the recipient of
. funding for purposes of the issuance of Recovery Zone Economic Development Bonds pursuant to the
American Recovery and Reinvestment Act of 2009.
WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) authorizes the
issuance of Recovery Zone Economic Redevelopment Bonds (RZEDBs), in such amounts as may be
allocated to be issued within specified localities, which may be used for capital expenditures for public
facilities and infrastructure;
WHEREAS, RZEDBs in the amount of $1,602,000 have been allocated for issuance for use in the
. City of Roanoke within a designated Recovery Zone;
WHEREAS, the City has designated an area adjacent to both banks of the Roanoke River in the
City and within five hundred (500) feet of the normal high watermark of the river's banks as a Recovery
Zone; and
WHEREAS, as recommended by a Selection Committee, the Director of Finance has recommended
,
that the Roanoke River Flood Reduction Project be approved as the recipient of funding financed by the
RZEDBs to be issued in the City;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby designates
the Roanoke River Flood Reduction Project to be the recipient of funding for purposes of the issuance of
Recovery Zone ECbnomic Development Bonds pursuant to the American Recovery and Reinvestment Act
of 2009.
ATTEST:
~m. Yr;OMJ
City Clerk.
K;\MEASURES\RZB2.DOC
~~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of December, 2009.
No. 38660-120709.
A RESOLUTION designating a Recovery Zone for purposes of the issuance of Recovery Zone
Facility Bonds pursuantto the American Recovery and Reinvestment Act of2009.
WHEREAS, the American Recovery and Reinvestment Act of2009 (ARRA) authorizes the
issuance of Recovery Zone Facility Bonds (RZFBs), in such amounts as may be allocated to be issued
within specified localities, which may be used for the private development of new proj ects that are
constructed, reconstructed, renovated, or acquired in an area that has been designated as a "recovery
zone," after such zone has been designated;
WHEREAS,RZFBs in the amount of $2,403,000 have been allocated for issuance for use in
the City of Roanoke within a designated Recovery Zone;
WHEREAS, the City may designate a Recovery Zone "in any reasonable manner as it shall
determine in good faith in its discretion" as long as such area, among other possible criteria, is found to
be an area of "general distress;"
WHEREAS, as recommended by a Selection Committee, the Director of Finance has
recommended that an area as defined by the boundaries of the currently established State Enterprise
Zone One A, and including such additional parcels immediately adjacent to the boundaries of
Enterprise Zone One A defmedas Official Tax Map Nos. 660103, 660105, 660106, 660121, 660122,
660123, and 660124, be designated as a Recovery Zone.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby finds that
the area as defined by the boundaries of the currently established State Enterprise Zone One A, and
K:IMEASURESIRZLDOC
including such additional parcels immediately adjacent to the boundaries of Enterprise Zone One A defined
as Official Tax Map Nos. 660103, 660105, 660106, 660121, 660122,660123, and 660124 is an area of
"general distress", within the meaning of the ARRA, and hereby designates such area as a Recovery Zone,
as that term is defined in the ARRA.
ATTEST:
~ m.~ON
City Clerk.
K:IMEASURES\RZI.DOC
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
JOHN W. BINGHAM, CPA
Assistant Director of Finance
ANN H. SHAWVER, CPA
Director of Finance
ANDREA F. TRENT
Assistant Director of Finance
December 7, 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 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: Recovery Zone Bonds
A number of financing programs were made available to localities through the American
Recovery and Reinvestment Act (ARRA). Among these are Recovery Zone Bonds.
There are two components of Recovery Zone Bonds. Recovery Zone Economic Development
Bonds are intended for public facilities and infrastructure. These are issued as taxable
bonds with a 45% subsidy that effectively reduces the borrowing cost. The City has been
allocated $1,602,000 in RZEDBs, and the Roanoke River Flood Reduction Project is
recommended for these bonds since this is already a federal project within the City's
adopted Capital Improvement Program. RZEDBs are subject to federal Davis-Bacon wage
rules.
The second category of Recovery Zone Bonds is Recovery Zone Facility Bonds (RZFBs). The
City received an allocation of $2,403,000 of these bonds which are to be used by a private
entity in issuing tax-exempt bonds for a depreciable property project that is constructed,
reconstructed, renovated or acquired after the area is designated a recovery zone. RZFBs
are not debt of the City but of the private entity. The bonds may be issued through a
conduit, and in Roanoke, this is expected to be the Economic Development Authority.
City Council is required to adopt a recovery zone or zones and to approve the projects to be
funded by the RZEDBs and the RZFBs. A recovery zone is an area designated by the City as
having significant poverty, unemployment, rate of home foreclosures or general distress.
To determine a suitable project to allocate our RZFBs to, st~ff of tne t;)epartment of Finance
underwent an outreach process with the City's Economic Development Department and the
Honorable Mayor and Members of Council
December 7,2009
Page 2
Economic Development Authority (EDA). A list of potential projects was prepared, and those
project owners, contractors and/or architects were contacted about this program. In
addition, the program was advertised on the City's web site, both on the home page and
also on the Economic Development page. Approximately ten project owners/parties were
contacted as part of the outreach component of the RZFBs.
In order to select a project for allocation,)nterested parties were requested to complete an
application form regarding the projects. Five applications were received and reviewed. The
City's financial advisor, Public Financial Management (PFM), led this process by performing a
detailed review of the applications. Next, a team of personnel from Finance, Econ'omic
Development, Management and' Budget and the City Manager's Office (the "selection
committee") conferred with PFM ~:>n their. recommendations. A briefing regarding the
applications was made to City Council during the morning briefing session and a copy of
that briefing is attached to this report for informational purposes. The selection committee
ranked the projects as follows: 1) Shenandoah Building, 2) Billy's Restaurant(The Rowland
Hotel, 3) The Boxley Residences, 4) Advance Auto - Crossroads Mall Expansion and 5)
Patrick Henry.
Recommendations:
Adopt the accompanying resolution designating an area adjacent to both banks of the
Roanoke River in the City and within five hundred (500) feet of the normal high water mark
of the river's banks as a recovery zone, finding that such area is distressed, as defined in
the ARRA.
Adopt the' accompanying resolution defining the area of Enterprise Zone One A as well as
adjacent parcels identified as official tax may numbers 660103,660105,660106,660121,
660122,660123 and 660124 as a recovery zone.
Adopt the accompanying resolution to approve the Roanoke River Flood Reduction Project as
the recipient of funding of $1,602,000 under the Recovery Zone Economic Development
Bonds.
Adopt the accompanying resolution to approve the Shenandoah Project as the recipient of
funding of $2,403,000 under the Recovery Zone Facility Bonds.
Sincerely,
!(J16~
Ann H. Shawver
Director of Finance
Attachment
Honorable Mayor and Members of Council
December 7, 2009
Page 3
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
R. Brian Townsend, Assistant City Manager
Charles E. Hunter, "', Chairman, EDA
Harwell M. Darby, Jr., Glenn, Feldmann, Darby & Goodlatte
Donald Gurney, Hawkins Delafield & Wood LLP
Karin DeMoors, Public Financial Management
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-II45
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 8, 2009
Carolyn Glover, Secretary
Personnel and Employment Practices Commission
Roanoke, Virginia
Dear Ms. Glover:
This is to advise you that Virginia B. Stuart has qualified as a member of the Personnel
and Employment Practices Commission for a term of three years ending June 30, 2012.
Sincerely,
~ YY). Y"01nw
Stephanie M. Moon, CMC J.
City Clerk
SMM:ew
pc: Jonathan E. Craft, Deputy City Clerk
K:\oath and leaving service\personnel and employment practices commissionlVirginia B Stuart quali June 30 2012.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Virginia B. Stuart, 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).
1f~7d, ~
Subscribed and sworn to before me thi~1'~ay of ~N, 2009.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
By~J~
/
, CLERK
K:\oath and leaving servicelpersonnel and employment practices commissionWirginia B Stuart 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) 853-2541
Fax: (540) 853-II45
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
. Assistant Deputy City Clerk
December 8, 2009
Harwell M. Darby, Jr., Secretary
Economic Development Authority
Glenn, Feldmann, Darby and Goodlatte
P. O. Box 2887
Roanoke, Virginia' 24001-2887-,
Dear Mr. Darby:
This is to advise you that Brian K. Redd has qualified as a Director of the Economic
Development Authority for a term commencing November 16, 2009 and ending
October 20,2013.
Sincerely, ,
~~.
Stephanie M. Moon,~
City Clerk
SMM:ew
pc: Jonathan E. Craft, Deputy City Clerk
K:\oath and leaving service\Economic Development AuthoritylBrian K Redd quali Oct 20 20B.doc .
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Brian K. Redd, 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 Director of the Economic Development Authority
for a term commencing November 16, 2009 and ending October 20, 2013, according
to the best of my ability (So help me God).
.....
.p'-
13~ -kf)
Subscribed and sworn to before me' this /Xay of /Jd J 2009,
BRENDA S. HAMILTON, CLERK
" CLERK
BY
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
Glenda Edwards, Secretary
Roanoke Redevelopment and
Housing Authority
P. O. Box 6459,
Roanoke, Virginia 24017-0359
Dear Ms. Edwards:
December 8,2009.
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Gilbert E. Butler, Jr. ,has qualified as a Commissioner of the
Roanoke Redevelopment and Housing Authority, Board of Commissioners, for a term of
four years ending August 31, 2013.
SMM:ew
Sincerely,
~~.hI~
Stephanie M. Moon, CM~
City Clerk
pc: Jonathan E. Craft, Deputy City Clerk
K:loath and leaving servicelRoanoke Redevelopment and Housing AuthoritylGilbert E, Butler. Jr quali Aug 31 2013,doc
(
Oath or Affirmation of Office
I
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Gilbert E. Butler, Jr., do solemnly affirm that I will support the Constitution ofthe
,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
."
Commissioner of the Roanoke Redevelopment and Housin~f Authority, Board of
Commissioners, for a term of four years ending August 31,2013, according to the best of
my ability (So help me God).
.
. jt,-JIt 'M2'
Subscribed and sworn to before me this ~ day of . 2009.
BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT
ByjJr/~oPd~~ ~LERK
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
December 8, 2009
Candice Martin, Secretary
Architectural Review Board
Roanoke, Virginia
Dear Ms. Martin:
This is to advise you that Alison S. Blanton has qualified as a member of the
Architectural Review Board, for a four-year term ending October 1, 2013.
Sincerely,
~n,,~
Stephanie M. Moon, CMC .
City Clerk
SMM:ew
pc: Jonathan E. Craft, Deputy City Clerk
K:loath and leaving servicelarchitectural review boardlAllison S. Blanton quali Oct 1 2013.doc
Oath or Affi'rmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Alison S. Blanton, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as a member of the Architectural
Review Board, for a four-year term ending October 1 , 201 3, according to the best
of my ability (So help me God).
4/J(;cIJ {~1>>&IJ~
Subscribed and sworn to before me this I;(~ay of 7'2ttJ .
2009.
BR~IRCUITCOURT
BY , DEPUTY CLERK
L:\CLERK\DA T A \CKEW I loath and le~,ving service\architectural review boardWison Blanton oath 09.doc