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HomeMy WebLinkAboutCouncil Actions 12-07-09 TRINKLE 38654-120709 EN ~'LI ROANOKE CITY PUBLIC SCHOOLS SlrongStud(mts.SlrongSchools. StrongClly. 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: 1 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 Withdrawn at adjournment of 2:00 p.m. session.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. . 2 \ 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. 3 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. 4 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. 5 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. 6 -. 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. 7 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. "- 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., 8 " 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 I I I I I I I I I I I I I I I I I I I .~ 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. I I I I I I, I: I, I I I I I ,I I I I I I 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 I I 'I I II I ,I I I ,I ,I I I I I I ,I I I 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 ,I I 'I I I' I ,I I, ,I I I I I I I I I I I 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 1 I I I I I I I I :1 I I I I 'J I I I ,I I 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. 2 I I I I I I I I, I 'I I I I I I I I ,I I 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 3 I 'I I I I I 'I I I I I I I I I I I I I 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. 4 I I I I I I I I I I I I I 'I I I I I I 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.) 5 I I I I I I I I I I I I I I I I I I I 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. 6 I I I I I I I I I I I I I I I I I I I 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. 7 I I I I I I I I I I I I I I I I I I I . 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. 8 I I I I I I I I I I I I I I I I I I I 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. 9 I I I I I I I I I I I I I I I I I I I ~ 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. 10 I I I I I I I I I I I I I I I I I I I .. 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. 11 I I I I I I I I I I I I I I I I I I I ~ 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 12 I I I I I I I I I I I I I I I I I I 'I 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. 13 I I I I I I I I I I I I I I I I I I I ... 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. 14 I I I I I I I I I I I I I I I I I I I .. 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. 15 I I I I I I I I I I I I I I I I I I I ~ 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. 16 I I I I I I I I I I I I I I I I I I I .. 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. 17 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 I~ I I I I I I I I I I I I I I I I I I 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:~~~ . ~':.:- :", . " : . _ "iclm -':'~...._ .~ .- . ":;;,;...;"; @> &~./'-, V'v~ ~I' ',. ~t ~~, '1)' , Jf, !d,~~:-'t\lI'm.) ~' ~ ~~:I' ~~J1 ~ :~; P,.~~mCM . {1-:"" , !:/;, '" '.-.. . ':.i.. :r'~~ 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 < c." ,- _...i..;""""~. 't. 'i:' ';;::~'~~';~,...;:,:.::,'~:';~:~~;:!;~.:';::,~,:;,:~S~=;::,,~'~i;;-." a ~~. .)...~ E" tdtt ~ ~ .~M 1..... ~ G~'I.'. C' X ..-1 _i!5Iftp~-._:;: ~t. ," .I i.~f,.'l,~;~:.~~'"S';'~'::~'~y~;"~~ .:- l';:':- OU Iimf:) ~'~.'._.=."~".-:--= . .,' ,'. " Home Videos Ch~"".l$ Shows i. i:'~::..:~::,~'~:: . ~. . ... (. ~ ~..:; . .~.." ~.~.j !..;.~i2~::::.~:~:::--~.....". : ~::~:;:. i., 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 ':.xll: ::,V'!1 ~I "!Xdl;J<U"ClIII. _:~ ~~~ k! CiOrt.." ""','.~I ,,\~...,~ nl,c.(l";'l'1 ~~ <rol.lc.n ,;,,'!>o;(\ ",.""", lM t<,,.~"ll~u~o;- ;;;,i) t~1i..OQil~', 1'0'1' tiT" 'l"I<>>"'r.~J" d' W-:. ""I ml" ill", .1;J/lQsI;I,.:'c, ~ ..U!xl;1 rw\:.'!I<'l '" "lTl~"'<.I.I'\l d::>tlc lu "'~~"H HI<! a:""",,1{ M "Jl''''~..~tlS 1I",(l~ tJ)I;;1I >.:u'.ivr.lJOll "''lW'il~ri::ll. OJ "~t><:;,,. 0.'(':' It,~,, ph"'.. '" ~n,~.." ..:r..t"';,~~ fTl~l t.,. 'm~I..~OO<J to rrdU(", '>I"~~ ell>i::";(lI~ in ('CC' Inl jn'(\N'~Ll;,l::; Cfll""".I1'jl1" .'t( r,~t.'C'~5tC ~~::J! lr."ct 1:.<"J1I'1'i.u ,\l'I.j t.~~:C~t r~ t<1rt:.c" "....,lml.lhf:'felr!.~'.p;nSbp'tI,~nL"..n.ill.ll')n1ll'nl.'lI"jlT"::lJC.l1' i.lIl;W~..al!n:n~. II )"lU ",(Julo.: .,k" ,<,; ..:~r.,-,t,ale I~I;' OWl! =;"L>l:n 11>t;'f'Mm tlO''''' ~"1 5t.710 II'",!'~I r'r,f~ Roanolle "-...Y Cool Cfti" Cq.'i1iorl.,,,,..,,,.l"~ $,>< U;. t::'~~~:" :it:~~.~~l>~...,....,~ ~:I<.O\J..h If... ,,,"'~O:,, If' ,;,~~", Roanoke C1tyCI..n & GNIIfI Coalition T'>e CoI)r ,,'f!~'~n'-" " d,.1~"9"'9 "......\,,~."". "..~c '~r1'~'I.t>::>:.... ~"'" ',.i:t,l>c.,t."'><l. t... ~..n'." t~U",,-..nd q.l ",~'>I'v,,~ 01 ~'''~''''''l''~ ~,~j. P'~ft"" l!,J "'.>:~CW-\I 'J~~' ~'".".'''''''''l....'''''... V;rgln~ TKIl;,. tr.. <l~"''''''.i-.... ~ ""~:.,,.,abI,t{ l>t~n l.:h~l "",,.llu.~ :~,~?:;':~%"~v-rrr::. 1'1I1 e,(".I"~~'("'" ~1"""r.",".:I. ,,,,., m~ ~u~:,,~ \ P:1. iii. CLEAN !-G!~r~i'i e,ET It~\.' ,ED I I , If Plugs Could Talk, lM1at VVould They Say About Energy Consumption? ....""r~ ;.1 ~,~~: ~r..'~..:o<: .-'0"<':0' ,,~. ':",":bC~~~1 t>.~ "'~~<iu~~~ ~"17.j.~j"~"I.;Il' a ~'n,,1I "lJ>:J"JWb ~.~, l>l,,~ .",,, ~ :~~Hr ...."'t",(~, .:j.'fl!"~ I,",~~'''''''P nU~~1 ~.." 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C.......'p....; 1:'-""11.. f.(I"',,+.~~ ~.,.j~~'~"'v _.r, Lf:.<<":. !n,.,.., ""';:"'~ ">o<.,.,j O'h ~l"cm;.": ...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 tl>Ue" rr...etlli''ir!.t'''lt:l :ei~_~rllk,.,'::>I-"!I"1 'f1('IW."~!T'.';.-: '......,,'..,,1"',',......1"1 p......I!'''',..."._...~k:I..''Me,'''.lhl<o-~f....... ~-:~,"i" be!:"'UlI\.-_.....:::,~~ \ulIt")" - n,1y!e 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 :.~~- "..""..ts" ,h13 n,.,~ "'U~,pI(;...__d 1"1'lloIt"" "..1 r~e'" p~~r.>nr..:;. ~n<l",,"""g ",,;-,1("" f':1"r...,. ::-.e '\.r.lllc C. ~r. r:<~:o- ..,~ ...,~ I'd~;'''Ht ~,,"""""" 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 "'2 o ';7\ rn &-o-u OC'D:r' ~ ~ 0 lI.)_en OC'DC'D --a'" ...... 'j ~ S.- 1- :::J'" C'D CI) .a c ,.j:ifa -'~ &-o-u OC'D:::J'" ~ ~ 0 II.) - en 0C'DC'D -.... 00 1 ~ zO 0:::J'" < C .... II.)n O:::J'" - 9 , cA m~ n 01' :r'rdi C'D 0 Q..=- C G: -'n C'D_ .. o. ::s 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' '--IT ~ 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: ) ,.1" '\ ;~\~ .. ~l:. , ' \ ,- II ... ~\ I, ~ '7'\ '. I,.:.., r fr~\ '" I ~.. ~"'..,:,..:,.,.....:.~, /4-."'" " \ \ "Ot ~,\;\II:: \ I j,;,"\ ) . i':;' (. <: ~ .l " i ~ / , Chairman , Vice Chairman ,.~r,r'~ "...-.'- ......, .' i/' ,'j I,', ". l ''''j~'''' .I ~ -/' .,' i ; , Secretary ~ Secretary, Electoral Board 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: .,i~'<~:'t; """",,; ,4 ~ :ell ",01'\";;: ~lt~Jf.I;h~W .' )"; ;'~,~~.. ., ' .. /' ; . ) '. If:') .. ~ ~ ,; (, J. ~ ,,' ( .' .", '..".!.. b"~'I':"I::' t I' . IC, - \ . ,'; ..':~ :" 'j~' t~:,::;,.,~~.,~ ,...,.,;-' . ' t , Chairman 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"",' (., ':' \- ,\ {. f' \~ ),' '''" \ I t,'. ,.,' , ' . (- I . '" 11 frf I ' (.', ..... , .,.<-.:~../,:.:...... ,.... ~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 . /, ,. " " 'I Iri \," , ~/ '''\~.." I;; r \' ,II .......... .~. ,,'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 j~~E I ~jii ~ ~ ~ Ii I ~~E~ 8 0 0 . 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The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- I I I I I I I I -______ I 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 -- -:- ' I '~. I i I I I I I I I 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.,.. '" "' ."'- '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. --------------~---:~------------------------------+-----------------------~ ~ ....c e .~ ,..-:. Billing Services Representativg. .;:0 -::r ~ f'.) ..t> ~ I-'" I-'" G~' 0:1 PUBLISHED ON: 11/20 TOTAL COST: FILED ON: 230.88 11/20/09 Authorized ., ~ ..J- Signature'__(~~r_ , ," :,' f:'~ \~;;;: : /'"\ '::) .,~" :;" ;'~: r . -, ~i :'.r ~., 'J .;' (~ .:".I'~ :.'.1..'.]- ." j\ .. ',' :"'1')"' l.~ !.: Y', ;':- ; ; ,~~ .".......l 't" -.(, .. . ......J ~~' .~. t,:. '- ,_t"'_1 ~,'~J; ~ Notary Public \11"IUIII "~I "MA II, ..,' . b,;1 ^' '" ,flit, ~v..."~.~..~.. >f" ~... ~ .... ~ .... ~ :: ~ .' !\~. ,-0 !'!l() '. ~ .. :I:~O~V I:>~ ~ '.~-:' Ok : ~q-J f'\d~ S-<J ~ r- : :. '~~ .:D: ; en \ ({,0' ~\j~ ~<<;, .. ~ = .. . <<" "" ~. : '.( ~ -:, '. ~'\' .. ':::"'::; ~)fa -.. ..- <,~ ......... . ;;"" COMMON~\_\>\:'::'" """"111"'\ ~'.,~! L .;:, ">" .~t '{ ',,..~ t ~ .1..; ;'. ~ ; '." .;." , .:;. '-':J . ,...'.1.", tJ d .:>,1 ( ... .~ .L '-1 ~~l 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: " , ~ ~e~' rYJOtyV '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