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HomeMy WebLinkAboutCouncil Actions 01-04-10 CUTLER 38676-010410 '~I III ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. ROANOKE CITY COUNCIL ROANOKE CITY SCHOOL BOARD JANUARY 4,2010 9:00 A.M. EOC CONFERENCE ROOM ROOM 159 AGENDA 1. Call to Order -- Roll Call. ' City Council - Council Member Rosen was absent. School Board - Trustees Courtney p;enn and T odd Putney were absent. 2. Welcome and Opening' Remar~s: Mayor Bowers Chairman Carson 3. Items for Discussion: ..,; . ( / Joint Services Committee Update Facilities Committee Update I , Plans for Raleigh Court and William Ruffner School Buildings Update on William Fleming Athletic Stadium ......'" . . I . 4. Comments by Council Members/School Board Trustees. 5. Recess/Adjourn. 1 COUNCIL MEETING WAS RECESSED AT 10:20 A.M., AND RECONVENED TO DISCUSS THE FOLLOWING AGENDA ITEMS: A communication from Mayor David A Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Approved (6-0) A communication from Council Member Gwendolyn W. Mason, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Approved (6-0) A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of actual litigation where such consultation in open meeting would adversely affect the negotiating or litigating posture of the City, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. Approved (6-0) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ARCHITECTURAL REVIEW BOARD TO BE HELD ON FEBRUARY 1,2010, at 9:00 AM., IN THE EOC CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. Any agenda items are to be forwarded to the City Clerk. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA, NONE> TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. None. BRIEFINGS: . City of Roanoke Credit Profile 30 minutes · Recovery Zone Facility Bond Rankings 15 minutes Prior to discussion, Council Member Trinkle left the meeting (11 :27 a.m.) · Williamson Road Banner Proposal 15 minutes · City Market Building Design Update 60 minutes During discussion, Council Member Trinkle entered the meeting (1 :29 p.m.) · 10th StreeWDOT 15 minutes Prior to discu'ssion, Mayor Bowers left the meeting (1 :30 p.m.) DECLARED COUNCIL MEETING IN RECESSED AT 1 :49 P.M., UNTIL 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 4,2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Rosen was absent. The Invocation was delivered by The Reverend Timothy P. Harvey, Pastor, Central Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, January 7 at 7:00 p.m., and Saturday, January 9 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.CLlCK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE.ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution paying tribute to Delegate William H. Fralin, Jr., for exemplary public service. Adopted Resolution No. 38676-010410. (6-0) 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. Shaheed Omar - comments referred to the City Manager and Sheriff for appropriate responses, Barbara Duerk -comments to be shared with Mayor's Committee for People with Disabilities, and Colonel Robert Craig 4. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, January 19, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the renewal for lease of space in the City Market Building to Azar Jewelry, Inc., on a month to month basis, not to exceed 12 months. RECOMMENDED ACTION: Concurred in the request. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, January 19, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the renewal for lease of space in the City Market Building to Tokyo Express on a month to month basis, not to exceed 12 months. RECOMMENDED ACTION: Concurred in the request. C-3 Minutes of the Audit Committee held on Monday, October 5, 2009. RECOMMENDED ACTION Received and filed. ' C-4 Reports of qualification of the Honorable Sherman A Holland as Commissioner of the Revenue of the City of Roanoke, Virginia; the Honorable Octavia Johnson as Sheriff of the City of Roanoke, Virginia; the Honorable Donald S. Caldwell as Attorney for the Commonwealth for the City of Roanoke, Virginia; and the Honorable Evelyn W. Powers as Treasurer for the City of Roanoke, Virginia, for terms of four years, each, commencing January 1,2010. RECOMMENDED ACTION: Received and filed. 5 REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request to share information with regard to "Get Healthy Virginia 2010." Pete Lampman and Lauren McMillan, Virginia Amateur Sports, Spokespersons. (Sponsored by Mayor Bowers and Council Member Trinkle) Remarks received and filed. b. Request of Elmwood Park Festival Producers to discuss inclusion in the amphitheater project process. Larry Landolt, Executive Director, EventZone, Spokesperson. (Sponsored by Mayor Bowers, Vice-Mayor Lea and Council Member Rosen) Remarks received and filed. c. Request of Downtown Neighborhood Association to discuss issues in connection with downtown residents. D. Keith Hummer; President, Spokesperson. (Sponsored by Council Members Cutler and Rosen) Remarks received and filed. 7. REPO'RTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation offunds in connection with the Virginia Department of Fire Programs mini-grant for use by the Roanoke Fire- EMS for training purposes. Adopted Resolution No. 38677-010410 and Budget Ordinance No. 38678-010410. (6-0) 2. Acceptance of funding for the Western Virginia Workforce Development Board Workforce Investment Act Programs. Adopted Budget Ordinance No. 38679-010410. (6-0) 6 ,(or ~ . ! 3. Acceptance an.d appropriation of funds in connection with the Homeland Security Pet Sheltering Project grant. Adopted Resolution No. 38680-010410 and Budget Ordinance No. 38681-010410. (6-0) 4. Reallocation and appropriation/transfer of funds in connection with the Roanoke River Flood Reduction Project. Adopted Resolution No. 38682-010410 arid Budget Ordinance No. 38683-010410. (6-0) COMMENTS BY CITY MANAGER. Announced that 635 persons were in attendance at the annual Job Fair. Continue to review snow removal process and welcome suggestions from the public. b. DIRECTOR OF FINANCE: 1. Briefing with regard to the Annual General Reassessment for Fiscal Year 2010-2011. Received and filed. ~~l,o. '.... 2. Approval of additional projects determined by staff as eligible recipients of Recovery Zone Economic Development Bonds; identification of the entire City of Roanoke as a recovery zone; and ranking of projects as recipients of Recovery Zone Facility Bonds of up to $20.75 million. Prior to the votes, Council Member Trinkle recused himself since he had not participated in any of the discussions regarding the abovementioned item. Adopt Resolution Nos. 38684-010410, 38685-010410 and 38686- 010410. (5-0, Council Member Trinkle was not present when the votes were recorded.) 8. REPORTS OF COMMITTEES: a. A report of pUblic hearings conducted by the Economic Development Authority on certain applications and recommending approval of the financing and refinancing of certain projects and issuance of the bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended. Adopted Resolution Nos. 38687-010410, 38688-010410 and 38689- 010410.(5-0, Council Member Trinkle was not present when the votes were recorded.) 7 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Price called attention to the tragic incident involving the murder/suicide of a couple during the holiday season, emphasizing the increase in domestic violence during the holidays. Vice-Mayor Lea called attention to his visit to the Sabrina House, a facility which was developed out of recommendation of the Domestic Violence Task Force several years ago; and commended the City administration on its efforts. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Council Meeting declared in recess at 4:36 p.m., for a Closed Meeting in the Council's Conference Room; and reconvened at 5:09 p.m., in the Council Chamber. CERTIFICATION OF CLOSED MEETING. (6-0) Reappointed Angela Holland as a member of the Human Services Advisory Board for a term of four years ending November 30, 2013. Appointed Brenda S. Hamilton as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors, for a term commencing January 1, 2010 and ending December 31, 2012. Appointed Robert L. Leftwich as a City representative of the Roanoke Valley Regional Cable Television Committee to fill the unexpired term of Carla Terry ending June 30, 2011. Adjourned at 5:10 p.m. 8 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 30,2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members M. Rupert Cutler . Sherman P. Lea Gwen W. Mason Anita 1. Price Court G. Rosen David B. Trinkle This is to' advise that I will be out of the City visiting relatives and will not be in attendance at the 9:00 a.m. or 2:00 p.m. session of Council on Monday, January 4, 2010. Best wishes for a successful meeting. Sincerely, ~~ Court G. Rosen Council Member CGR/sm pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Ann H. 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I << " .~ Briefing No_ "3 1 ." .... 2 t, r, Encroachment Request Proposal is similar in concept to banners in Market area except that the banners will be hung between poles, WRABA was unable to find any existing poles suitable for banner support, WRABA proposes to fund and coordinate constructioll of poles for banner support across Williamson Road in the public right-of-way, WRABA worked with Transportation Division and various utilities to identify a location near 10th Street where there is no interference with utilities and provides good visibility Installation at poles in the right-at-way requires an encroachment permit approved by City Council (Chapter 30. Article I) Considerations · Banners regularly used in downtown to advertise events within the Downtown Special Service District. · WRABA installation would be within Roanoke's other Special Service District. · Few non-profits have the resources to erect and maintain their own poles and change out banners regularly, although there are other areas where similar requests may be made in the future. · Council has discretion to review and evaluate encroachments on a case-by-case basis 3 " ~ . . , \. '>"" 4 . . ,.\ ,~ S4LE~ AlvENUE I I ' I ! I I CAMPII3ELL IVI;Nl!J .~ Cl "J: Z III ~ Clo;~ <I) g '" o Z a: Ocr . B ~ ;2 g: ~.g ~".~ is o,z Zz :;:w <( Ow Ow ~-' m -~-:'?:l'~ > ..'?.~ _'--J ~ ~,.g I~~ ~\\ ~~ I ~JJ~ ~~ # , , J .i f' f , t, \', r, ~ T ~ 1: ~ .....&.' y' r-~ ',S>> ^ - ::J........ (I) ""'- ....a; ....I. ,....I. 2Z, O! ~, ~:;:I" <: O;:aj" ~r ....... =f ::r (j) -I :0 m [!J -0 a ~ o. ~.' a. ~ Qo <: ~ ~' Ui~ 2..5' ~ T ~ L .....&. ..... ...... .. i i'I' ~ ; u ..,.. ~ !.g;61:g~ I!f~;~ aJ. '...~:~ ~.,...m~= )I '::I >.' '.=! ~I.: ~ ~ ..~ ~....._~ ! '.~!< I ~" ~. '~...',' ~. ~ 8 .1: ri v ~ '"', ~' .\, Ii . , 1'.7.. " . r " 1 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 January 4,2010 The Honorable Vice-Mayor and Members of the Roanoke City Council . Roanoke, Virginia Dear Members of Council: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B, Trinkle This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed b}lCouncil, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, ('"= {~'1~--c'" -~~~\ David A. Bowers Mayor DAB:ctw CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATIORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty@roanokeva,gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHERP.FERGUSON ASSISTANTCrry ATIORNEYS January 4,2010 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, pursuant to 92.2-3711.A.7, Code of Virginia (1950), as amended, ona matter of actual litigation where such consultation in open meeting would adversely affect the negotiating or litigating posture of the City. With kindest personal regards, I am Sincerely yours, w~~.~ William M. Hackworth City Attorney WMH/lsc c: Darlene L. Burcham, City Manager Ann Shawver, Director of Finance Stephanie Moon, City Clerk CITY OF ROANOKE 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 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita 1. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor January 4, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request a Closed Meeting to discuss the mid year performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A) (1), Code of Virginia (1950), as amended. ~ Gwendolyn W. Mason, Chair City Council Personnel Committee GWM:ctw 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 . January 8, 2010 The Honorable Octavia Johnson, Sheriff Darlene L. Burcham, City Manager Dear Sheriff Johnson and Ms. Burcham: At the regular meeting of the Council of the City of Roanoke held on Monday, January 4, 2010, Shaheed Omar appeared before the Council to address the issue of the violation of the fourth, eighth and fourteenth amendments of the U. S. Constitution. Without objection by the Council, Mr. Omar's remarks were referred to the City Manager and the Sheriff for response. - m. ~~ Stephanie M. Moon, CMC City Clerk Attachment ~~~~~'\. 3.1. City Council Meeting 1-4-09 , My Name is Shaheed Omar and I live in the City of Roanoke. I am here today to address the issue of the violation of the Fourth, Eight and Fourteenth Amendments of the Constitutional Rights of Citizens that are encountered by the Roanoke City Police and those that subsequently end up in the Roanoke City Jail. The Roanoke City Police Chief Joe Gaskins and the Roanoke City Sheriff Mrs. Octavia Johnson are the two individuals that have been hired and elected to Manage and Direct the Operational Policies of these City Departments. Their names are significant, at least, to me and some other Citizens that I know because oftheirethnicity. African Americans and other minorities in this Country have been traditionally violated when it comes to their Civil Rights. As time has progressed and we find ourselves in positions of authority such as Police Chiefs and Sheriffs, 'the general minority citizenry expect that the violations of our civil rights will stop. That is not the case and the question begs an answer as to why! Why is it that we still have officers like JW Hicks acting like loose cannons in our community? He is acting no different then members of the Klan did years ago. The only different is that he and his other buddies have uniforms on now that provide them with legal cover as opposed to the white sheets. Recently a young man name Raheim Alexander Alleyne was killed as a result of a supposed to be drug sting that went bad, according to the chief of police. There are many questions that need to be answered and we, his mother, Mrs. Carlene Johnson-Alleyne Bridges and I are asking the US Justice Department to do an independent investigation of its own. We already know the results of the Roanoke City Investigation. The Chief of Police told us those two days after the shooting. He,praised his officers actions, saying the suspect had shot first The Officer JW Hicks said he saw the muzzle Bash and heard the gunshot. The Chief said the bullet missed. Hicks returned fire killing the 19 year old. The Chief also spoke about the Officers adequate tr~g but one of the important things ,we want to know is where he got his Drug Sting Set-up Training. Maybe the Council can find out. While all of the Chiefs statements may be true, we have other questions concerning JW Hicks Police actions in our community. I have submitted to you a letter that I wrote back in 2005 requesting a copy of the complaints leveled against officer Hicks. That implies that he has been violating the Civil Rights of African Americans at least for five years and probably. since he :first put a gun on his hip and was given a badge. He's been wanting to shoot someone for a long time. Well he finally has and we are going to make sure that he deals with the civil and criminal consequences if the findings suggest that he made just one error. We are appealing to the Roanoke City Council for you to develop a Zero Based Policy when it comes to the prohibitions of the violations of the Constitutional Rights of our f citizens by the Police and the Roanoke City Sheriffs Departments. Thank: you Shaheed Omar If. ..... ~"'.,..,.. ..- . .;":. .(......l.... ,.., ~"~:'''''''' -.'L">\ .,-....,--.-... ROANOKE f) OFFICE OFTHE CHIEF OF POLICE Roanoke Police Department 348 Campbell Avenue, SW Roanoke. Virginia 24016 540.853.2203 fax 540.853.6043 www.roanokeva.gov/police (} January 6, 2010 Shaheed Omar 1 21 9 Loudon Ave, NW Roanoke, Virginia 24017 Dear Mr. Omar: I am writing in reference to the email correspondence you sent to City Councilman Sherman' Lea on December 17, 2009, your appearance in City Council on January 4, 201 O~ and your letter to me regarding Officer J.W. Hicks. Officer Hicks is an 8-year veteran who on December 15, 2009 was involved in a follow-up investigation of a home invasion robbery incident that occurred on December 14, 2009. The victim of the home invasion robberY was assaulted and bound by three suspects after they entered the residence. The suspects took a cell phone belonging to the victim. Roanoke Police Vice detectives began investigating the incident, which led to contact, presumably with one of the suspects involved in the home invasion. The vice detective, posing as a drug buyer, wanted to set up a meeting to conduct a drug transaction. Initially, the suspect wanted to meet at another location, but the detective was not comfortable, citing safety concerns. The suspect then decided the meeting would take place in front of Fairview Elementary school. Officers and detectives formulated a thorough and detailed operational plan. After the officers were in place, contact was made with the suspect. The vice detective was tord there would be one suspect coming to meet with the detective. At approximately 7:30 pm, three suspects approached and attempted to enter the undercover vehicle. As officers and detectives converged on the suspects, two immediately surrendered, while the third began running. Officers Hicks and Lancaster pursued the suspect to the Greenville Nursery School located across the street. As Officer Hicks approached the suspect, the suspect discharged one round from a handgun.' Officer Hicks returned fire striking the suspect. A handgun carried by the suspect was recovered as well as the spent casing from bullet fired at Officer Hicks. Through the course of the investigation, it has been determined that none of the three suspects had any illicit drugs on their person, and their intention was not to conduct a drug sale, but to commit an armed robbery similar to the home invasion robbery that lead to this incident. The suspect was carrying the ~., ..,_ _\0\ ,'- -:~ lfl!4.~~ ,.J: '" ,ll' ,.,4 ,; sA Roanoke Police Department A Nationally Accredited Police Agency ,,; '.. ~... . Shaheed Omar January 6, 2010 Page 2 o c) cell phone that had recorded the vice detective's phone number and that belonged to the home invasion robbery victim. On December 18, 2009, I contacted Ms. Brenda Walker requesting any information she may have involving Officer Hicks. She informed me that she did not have a file on Officer Hicks. As for disclosing any prior complaints or disciplinary action that may involve Officer Hicks, it is considered a personnel matter that would be handled administratively. Any citizen complaint that is filed against personnel of the Roanoke Police Department is thoroughly investigated and presented to the Disciplinary Review Board. Based on the results of the investigation and the recommendation of the Disciplinary Review Board the appropriate action is taken. In reference to your concerns about Officer Hicks' "role being played as setting up or participating in a [sic] so-called sting operation dealing with drugs while he is not a member of the Roanoke City Vice or the Federal Bureau of Drug Enforcement. [sic]", and due to your obvious lack of knowledge of the criminal justice system, speCifically polic.e operations, I can affirmatively tell you that . Officer Hicks has received superior training in undercover drug operations, as well as tactical, high risk arrest situations. You are making assumptions without a factual basis and a prudent, educated action on your part would be to wait until the investigation is completed and referred to the Commonwealth's Attorney. I want to thank for expressing your concerns. If you have any questions, please feel free to contact me at 540-853-2203. Sincerely, ~"-~ Ch~~~iS;'t ~ . '0 .-f' Roanoke Sheriff's Office DATE: January 19, 2010 TO: Darlene Burcham, City Manager Mayor Bowers and Members of City Council FROM: Octavia Johnson, Sheriff 0{ SUBlECT: Response to Mr. Shaheed Omar's complaint to City Council On January 4, 2010, Mr. Shaheed Omar made the following statement to City Council: "] am here today to address the issue of the violation of the Fourth, Eighth and Fourteenth Amendments of the Constitutional Rights of Citizens that are encountered by the Roanoke City Police and those that subsequently end up in the Roanoke City Jail." After being duly elected Sheriff of Roanoke City I took an oath to support the Constitution of the United States and the Constitution of the Commonwealth of Virginia. I was elected to serve all the citizens of the City of Roanoke without bias. As Sheriff, I am charged to establish a safe environment for the staff and those incarcerated in Roanoke City Jail. The Roanoke City Jail adheres to mandatory standards set forth by The Department of Corrections (DOC). The DOC makes unannounced on site inspections of the facility annually. Roanoke City Jail is nationally accredited by the American Correctional Association (ACA) and the National Commission on Correctional Health Care (NCCHC). On site audits are held every three years. The accreditation award represents completion of a rigorous self-evaluation, followed by an outside review by a team of independent auditors. The ACA executed a three day on-site assessment of Roanoke City Jail April 9-11, 2009. The Roanoke City Jail was awarded reaccreditation by the ACA August 10, 2009. The final report for the Roanoke City Sheriffs Office reflected 100% compliance with mandatory standards and 97.4% compliance with non-mandatory standards. Lack of compliance with the non-mandatory standards is due to the physical plant which would be cost prohibitive to correct. ACA standards are more complex and detailed than state certification. ACA standards address services, programs, and operations essential to effective correctional management. Through accreditation, Roanoke City Jail is able to maintain a balance between protecting the public and providing an environment that safeguards the life, health, and safety of staff and offenders. -,~-. ". -I May 2008, NCCHC conducted a two day on-site survey ofthe Roanoke City Jail to determine compliance with national standards. The survey team submitted a report to NCCHC's accreditation committee, which meets three time a year. Without knowing the facility's identity, the committee evaluated Roanoke City Jail's compliance with its standards and rendered a professional judgment to award the Roanoke City Sheriffs Office with National Commission on Correctional Health Care Accreditation. By holding these national accreditations the Sheriffs Office exceeds what is required by the state to ensure that the constitutional rights of persons housed in Roanoke City Jail are honored. 4-14-05 Mr. Timothy R. Spencer Assistant City Attorney City Of Roanoke 215 Church Ave. SW Roanoke, Va 24011 Dear Mr. Spencer: I am aware that the request that I made under the freedom of information act dated 3-14-05 and responded too by your office 3-29-05, informing me that the material I asked for would cost at a minimum 828.00 has a deadline as an open file on tomorrow 4-f5-05. You can close that particular file at this time and if I should need it open gain I will inform you. Please note for your records that it is my opinion that the cost is a stone thrown in my way to back me up. But you must understand that I will continue to press forward. There is nothing you can do to stop me. I no the law and I am not afraid of the police, any of them. Instead of the former request dated 3-14-05, please send me an estimation of the cost ofthe records of complaints on Officer Hicks since he has been a Police with the Roanoke City Police Department. I am making this request as a private citizen under the freedom of information Act. We will start with him! Thank You c::::::::--'" ~". Shaheed Omar - /'/ (, ...- ..... . .;} 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. CRAFr Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk January 8, 2010 Karen Michalski-Karney, President Mayor's Committee for People with Disabilities Blue Ridge Independent Living Center 1502 Williamson Road, N. E.-Suite B Roanoke, Virginia 24012-5100 Dear Ms. Karney: At the regular meeting of the Council of the City of Roanoke held on Monday, January 4, 2010, Barbara Duerk appeared before the Council to ask for, priority pedestrian bicycle 'and handicap access on major arterials and primary corridors. Without objection by the Council, a copy of Ms. Duerk's comments were to be forward to the Mayor's Committee for People with Disabilities for information purposes. Sincerely, ~ lY) .'YY'Ib~ Steptianie M. Moon, CMC \- City Clerk Attachment '::....... Remarks for Barbara Duerk January 4,2010 Roanoke City Council HAPPY NEW YEAR! I am here today to ask to add 1 more New Year's Resolution to the city's list. Prioritize pedestrian, bicycle and handicap access on major arterials and primary corridors. Need: Motorist wheel chairs are disabled using 419, Grandin Road, Shenandoah and Franklin Road. Why: City Council - "The Buck, Stop here." You also have the power to direct City employees to implement the American Disabilities Act (ADA) and the CTB 2004 Bicycle & Pedestrian Policies. Cost: I don't think it is money. The cost for a curb cut at Franklin & Wiley Drive in bridge improvements would not have added extra cost. I don't think it is money. Curb cuts are being retrofitted on neighborhood streets that are not near schools or commercial a re as. So I asked you to add to Roanoke City's New Year's Resolution: *Prioritize pedestrian, bicycle and handicap access on major arterials and primary corridors. 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 january 4, 2010 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 Public Hearing to ' Renew Lease for Azar jewelry, Inc in City Market Building Background: Elias Azar, owner of Azar jewelry, Inc, has leased approximately 418 square feet of space in the City Market Building at 32 Market Square, Roanoke, Virginia 24011, on a mOpth to month basis for the past year to sell and repair jewelry in the Market Building. The lease under which Mr. Azar currently operates will expire on january 31, 2010. Mr. Azar has expressed a desire to continue leasing this space on a month to month lease not to exceed twelve (12) months, commencing February 1, 2010. A public hearing is required to consider this lease term. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on january 19, 2010, at 7:00 pm. Respectfully submitted, (' cA~~:Y~ Darlene L. B~;lham City Manager Honorable Mayor and Members of Council January 4, 2010 Page 2 DLB/c1t 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 Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Joshua Mabrey, Accountant/Accounts Receivable CM09 - 00219 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 January 4, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorabi'e 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: Request Public Hearing to Renew Lease for Tokyo Express in City Market Building Background: Eddie Soo Park dba Tokyo Express has leased approximately 210 square feet of space in the City Market Building at 32 Market Square, Roanoke, Virginia 24011, on a month to month basis for the past year to operate a Japanese restaurant. The current lease expires January 31, 2010. Mr. Park has expressed a desire to continue leasing this space on a month to month lease not to exceed twelve (12) months, commencing February 1, 2010. A public hearing is required to consider this lease term. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on January 19, 2010, at 7:00 p.m. Respectfully submitted, Darlene L. Burcham City Manager Honorable Mayor and Members of City Council January 4, 2010 Page 2 DLB/c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Joshua Mabrey, Accountant/Accounts Receivable CM09-00221 MINUTES OF ROANOKE CITY COUNCil AUDIT COMMITTEE 1. CAll TO ORDER: October 5, 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 :43 a.m. with Vice Chairman, David B. Trinkle, presiding. . The roll was called by Mrs. England Audit Committee Members Present: Audit Committee Members Absent: Others Present: Dr. David B. Trinkle, Vice Chairman Mayor David A Bowers Dr. M. Rupert Cutler Gwendolyn W. Mason Court G. Rosen Sherman P. Lea, Chairman Anita J. Price 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 Melinda Mayo, Public Information Officer Faye Gilchrist, Assistant to the City Manager Debbie Noble, Senior Auditor Ann Clark, Senior Auditor Doris England, Administrative Assistant (3) Members of the Media 2. APPROVAL OF MINUTES FROM JUNE 1, 2009, MEETING: Vice Chairman Trinkle asked if there were any corrections or amendments to the minutes of the June 1, 2009, Audit Committee meeting. There were none. Mayor Bowers moved and Dr. Cutler seconded that the minutes be approved as Audit Committee Minutes - October 5, 2009 Page 2 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. INTERNAL REPORTS: A Fleet Fuel B. Purchasing Cards - Executives Vice Chairman Trinkle recognized Mr. Harmon for comments on the Fleet Fuel audit report. Mr. Harmon stated the Fleet Fuel audit report was completed in June 2009 and was being presented to the Audit Committee members today to be received and filed. Mr. Harmon explained that the objectives of the audit were to examine the procurement, dispensing, and billing of the fuel. Other objectives were to determine the City's compliance with the Virginia Department of Environmental Quality and Fleet Management's efforts towards meeting the City's "clean and green" initiatives. He stated that the City has about 60,000 gallons of fuel storage between the Public Works Service Center and Parks and Recreation on Reserve Avenue. The Parks and Recreation Center on Reserve Avenue is scheduled to be closed down between January and June 2010, and the tanks there, which hold approximately 20,000 gallons, will be taken off line. Mr. Harmon stated all storage tanks are underground, GasBoy is the dispensing system used, and cards are used to access the GasBoy for fuel. The cards are assigned by Fleet Management to vehicles, and some are assigned to fixed gas cans on trucks that are used to fuel small equipment such as saws and weed eaters. Mr. Harmon stated there were no issues noted in the procurement of the fuel and in dispensing controls. He stated his department felt there were good controls in place to discourage pilferage of gas by employees. Mr. Rosen asked why Fleet Management estimated there were about 2,000 fuel cards in use; why would they not know the exact number of cards. Mr. Harmon explained that the number of cards change because a card might be lost, new equipment may be brought in and cards issued for it, or a card might stop working. He stated that Fleet Management could state exactly how many active cards were in use on a given day, but that number can change from day to day. Mr. Harmon stated the internal billing cost method was working well and Fleet Management has a new system in place, which is called Faster. There were no issues noted with the tank monitoring, and the department is meeting or exceeding the "clean and green" initiatives adopted by the City. Dr. Cutler stated he had seen City vehicles sitting and idling for as much as 30 minutes and asked if that had been addressed. Mr. Harmon stated they noted the idling policy and spoke with the Environmental Administrator. The idling policy is still in place, and there is education and training as to when it is appropriate to idle, such as with a public safety vehicle. He stated it is difficult for the Audit Committee Minutes - October 5, 2009 Page 3 Environmental Administrator to police since it is just him in ~hat office. Ms. Burcham asked Dr. Cutler to let her office know if he sees instances where idling is occurring so they could respond and determine if it is legitimate or take appropriate action. Mr. Harmon stated there was one observation noted in the report regarding the odometer data, which is vulnerable to input errors. He stated that, since the audit was performed, Fleet Management has performed an inventory of all vehicles to obtain the correct odometer reading and has input that into the Faster system along with generating better reporting. Mr. Harmon stated it is impossible for Fleet Management to monitor consumption so it is up to the operating departments, and they need the reports to be correct in order to determine if gas mileage for a vehicle is not appropriate. He said those reports would be going out to the departments this month. Chairman Trinkle stated that something had come up about individual fire stations and how gasoline and flammables should not be kept within the station. He stated there was discussion of a central repository. Vice Chairman Trinkle recognized Mr. Harmon for comments on the Purchasing Cards - Executives audit. Mr. Harmon stated the City's purchasing card system had been in place since 2001. He reviewed the procedures, established by the Purchasing Division, for using these cards. Municipal Auditing does an audit of the purchasing cards annually, and the objective for this year's audit was to determine if credit card purchases by City executives were in accordance with City policies and procedures. There are 45 cardholders that hold 50 active purchasing cards. Mr. Harmon defined the positions held by these cardholders as follows: . Constitutional Officers . Council-Appointed Officers . Deputies and Assistants reporting directly to an Officer . Directors and Managers who report directly to the Assistant City Managers . Court Officials . Members of the City Electoral Board The results of the audit were positive, and there were no violations to the City's purchasing card policy. Mr. Harmon stated that his staff had examined all transactions and investigated detailed receipts. There was only one issue noted, and that was with restaurant receipts. Policy requires that we submit itemized receipts so they can be checked for the number of dinners purchased corresponding to the number of people listed as dining and also to effectively monitor the City's policy prohibiting the purchase of alcohol with City funds. Mr. Harmon stated that action plans submitted by the Purchasing Division, Department of Management and Budget, and the Department of Finance will address this issue. Audit Committee Minutes - October 5, 2009 Page 4 Vice Chairman Trinkle asked if there were any comments or questions. There were none. Vice Chairman Trinkle ordered the reports to be received and filed. 4. UNFINISHED BUSINESS: A Letter from Auditor of Public Accounts - Constitutional Officers - Year Ended June 30, 2008 B. Letter from Commonwealth of Virginia Compensation Board - Local Inmate Data System [LIDS] Compliance AUdit Report Vice Chairman Trinkle recognized Mr. Harmon for comments on the two letters. Mr. Harmon stated these reports deal with the disbursement and custody of state funds. There were no issues. He acknowledged that the City Treasurer was in attendance and thanked her for her good work. Vice Chairman Trinkle asked if there were any comments or questions. There were none. He stated the letters would be received and filed. 5. OTHER BUSINESS: A. Letter from Auditor of Public Accounts - Constitutional Officers - Year Ended June 30, 2009 B. Roanoke City Council Audit Committee Annual Report - Year Ended June 30, 2009 Vice Chairman Trinkle recognized Mr. Harmon for comments. Mr. Harmon stated this was the 2009 report from the Auditor of Public Accounts similar to the 2008 report that had just been discussed. Mr.. Harmon stated the Audit Committee Annual Report revealed perfect attendance by all members of the committee, and he thanked them for their attendance and support. Vice Chairman Trinkle asked if there were any comments or questions. There were none. He ordered that items A and B be received and filed. 6. ADJOURNMENT There being no further business, the meeting was adjourned at 11 :58 a.m. ak~ , </};;f Dav.id B. Trinkle, Vice Chairman 2E:f:e)Wd E2 J3U 8~, )\([313 HIJ ...' ,. / .~090Q'" 1 )) 6 lJirainia: IN THE CIRCUIT COURT OF THE CITY OF ROANOKE INRE: QUALIFICATION OF SHERMAN A. HOLLAND AS COMMISSIONER OF THE REVENUE OF THE CITY OF ROANOKE On the 11th day of December, 2009, Sherman A. Holland, who has been duly elected to serve as Commissioner of the Revenue of the City of Roanoke for a new term of four years, commencing on January 1, 2010, qualified as such by taking and subscribing the oath prescribed by law. It appears to the Court that this constitutional officer is covered by a blanket surety bond issued pursuant to Virginia Code ~ 2.2-1840, and thus has met all bonding requirements imposed by law. A copy of this Order, and of the oath, shall be spread upon the common law order book of this Court, and duly attested copies shall be transmitted to the Secretary of the Commonwealth, the State Compensation Board, the Clerk of the City of Roanoke, and Sherman A. Holland.. ENTER: This 11th day of December, 2009 :5 , ,.... . I '/ ~ " ~. . ';:' .... "';:"' ~ , . .,.. . , c0A~~~ William D. BroadJiurst, Judge --::..r ,-;" ..0->/ . ' -" -.' " ." '~090~" 1337 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sherman A. Holland, do solemnly swear (or affirm) that I will support the Constitution ofthe United States, and the Constitution ofthe Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Commissioner of the Revenue of the City of Roanoke, Virginia for a term of four (4) years, commencing January 1, 2010, according to the best of my abilit.Y. So help me God. # ;,~L~~'xig~/ r Sherman A. Holland Ih day of December, 2009 I t I I I ~ ' 'I ! / ,I ,10. .... (,'-"~' .-' /1, \.. . I r , ~, ~ .J ~ ,~ ~. /.f! ..,.... ..-. .~ " ~ /' . r -!! '( /") ~ " r , ,- / .::' . .,1.. I \ I (. '~-t..i;' ,....' ~ .... I~090~," 1 338 )}irainia: IN THE CIRCUIT COURT OF THE CITY OF ROANOKE INRE: QUALIFICATION OF OCTAVIA JOHNSON AS SHERIFF OF THE CITY OF ROANOKE On the 11th day of December, 2009, Octavia Johnson, who has been duly elected to serve as Sheriff of the City of Roanoke for a new term of four years, commencing on January 1, 2010, qualified as such by taking and subscribing the oath prescribed by law. It appears to the Court that thIs constitutional officer is covered by a blanket surety bond issued pursuant to Virginia Code ~ 2.2-1840, and thus has met all bonding requirements imposed by law. A copy of this Order, and of the oath, shall be spread upon the order book of this Court, and duly attested copies shall be transmitted to the Secretary of the Commonwealth, the State Compensation Board, the Clerk of the City of Roanoke, and Octavia Johnson. ENTER: This 11th day of December, 2009 '. ~ /f/J. /J ~,>,,,,,-,, / ~J// .. " ~;, ;-1" William D. Bro'dhurst, JJJ:dge -':~I'~/_ - -- :: , 1_ , ."., }~ , tj .';' m~090ft(Q 1.339 Oath or Affirmation of Office , Commonwealth of Virginia, City of Roanoke, to-wit: I, O~tavia Johnson, do solemnly swear (or affirm) that I will support the Constitution of the United States, 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 the Sheriff of the City of Roanoke, Virginia for a term of four (4) years, commencing January 1, 2010, according to the best of my ability. So help me God. ~ Subscribed and sworn before the undersigned this 11th day of December, 2009 ~4M. CircJu g \,\\\\', ('{((rt. \' \ ~ \ j;- . 1"". ,,,,"....F~.+~ _/r~ '" " -- ... ."r r , ~ ~~ ,\ ~ , ~ 1//4 . . (/r, , " _ r .-" ..... "- -.... 011 IltON. CLEn ' e u\'j C\:,/. r '_tl90~_ 1 34 C lJirllinia: IN THE CIRCUIT COURT OF THE CITY OF ROANOKE INRE: QUALIFICATION OF DONALD S. CALDWELL AS COMMONWEALTH'S ATTORNEY OF THE CITY OF ROANOKE On the 11th day of December, 2009, Donald Stevens Caldwell, who has been duly elected as Attorney for the Commonwealth ofthe City of Roanoke, Virginia for a new term of four years, commencing on January 1, 2010, qualified as such by taking and subscribing the oath prescribed by law. It appears to the Court that no bond is required of this constitutional officer. A copy of this Order, and of the oath, shall be spread upon the order book of this Court, and duly attested copies shall be transmitted to the Secretary of the Commonwealth, the State Compensation Board, the Clerk of the City of Roanoke, and Donald S. Caldwell. ENTER: This 11th ay of December, 2009 ~r -. j'~. ;.. .,I -:.. I;090~~ 1 34 1 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Donald Stevens Caldwell, do solemnly swear (or affirm) that I will support the Constitution of the United States, 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 the Attorney for the Commonwealth for the City of Roanoke, Virginia for a term of four (4) years, commencing January 1,2010, according to the best of my ability. So help me God. C)JQsJ Donald Stevens Caldwell , i is 11th day of December, 2009 \' \ I. II f " t t ~ \ \ Ir/ \\\ ('-... r ;'y__ " r .J ., :::' "',' \0-' "'.-::- , ' - , - --" - ::: ( :L , : ( ';\ .~ '~090~rs 1 342 1Jir(linia: IN THE CIRCUIT COURT OF THE CITY OF ROANOKE INRE: QUALIFICATION OF EVELYN W. POWERS AS TREASURER OF THE CITY OF ROANOKE On the 11th day of December, 2009, Evelyn W. Powers, who has been duly elected to serve as Treasurer of the City of Roanoke for a new term of four years, commencing on January 1, 2010, qualified as such by taking and subscribing the oath prescribed by law. It appears to the Court that this constitutional officer is covered by a blanket surety bond issued pursuant to Virginia Code ~ 2.2-1840, and thus has met all bonding requirements imposed by law. A copy of this Order, and of the oath, shall be spread upon the common law order book of this Court, and duly attested copies shall be transmitted to the Secretary of the Commonwealth, the State Compensation Board, the Clerk of the City of Roanoke, and Evelyn W. Powers. ENTER: This lIt day of December, 2009 II II ; I "/'1 II I, /" /~ . "'. "/ Wi~~ ~, / ........ ~ :J..('. ", / /, I r ~ J ' i; I -" ;::..... \ " .....-:.. \' " \ 'I Jjt 1\ 1\\' :.. ,: ~f,~090~flj 1 343 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Evelyn W. Powers, do solemnly swear (or affirm) that I will support the Constitution of the United states, 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 the City Treasurer of the City of Roanoke, Virginia for a term of four (4) years, commencing January 1, 2010, according to the best of my ability. So help me God. r~J:~:~~ Subscribed and sworn before the ndersigned is 11th day of December, 2009 , \ . t ,I \, . , t f I, " \.. ~..... \ . ~ - - .. .. , ~ ' '" .> , , , "- , , " ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 2010. No. 38676-910410. A RESOLUTION paying tribute to Delegate William H. Fralin, Jr., and expressing to him the appreciation of the City and its citizens for his exemplary public service. WHEREAS, Delegate William H. Fralin, Jr., will retire from the Virginia House of Delegates at the conclusion of his current term in January 2010, after serving the 1 ih District, which includes part of the City of Roanoke, Roanoke County, and Botetourt County, since 2004; WHEREAS, Delegate Fralin has served as a member of the Courts of Justice, Transportation, Education, General Laws, and the Privileges and Elections Committees, and he has chaired Education and Privileges and Elections Subcommittees; he also served as Chairman of the Virginia Commission on Youth, working to benefit children and their educational and social development across the Commonwealth; WHEREAS, Delegate Fralin has been an advocate of school safety, Internet safety, foster care and child custody relinquishment reform, and legislation to protect religious freedom in our schools, and he has received high ratings from groups such as the Family Foundation and the Virginia Society' for Human Life; WHEREAS, Delegate Fralin worked hard to represent the interests of the citizens of the Roanoke Valley, and it was important to him to represent properly the people he served, plitting the needs of the citizens above all other interests; WHEREAS, Delegate Fralin has successfully patroned measures that will improve our ability to fight domestic violence, develop our inner cities, protect and create railroad jobs, provide incentives K:\Measures\Tribute Measures\Franlin for service 2009.doc for energy efficient buildings, improve highway safety, including protecting our transportation funding, and improve school safety and our judicial system; and WHEREAS, Delegate Fralin has served on the boards of a wide variety of State and community organizations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered over the past five years by Delegate Fralin to the City of Roanoke. 2. The City Clerk is directed to forward an attested copy of this Resolution to Delegate William H. Fralin, Jr. ATTEST: ~m.~ City Clerk. K:\Measures\Tribute Measures\Franlin for service 2009.doc ' DAVIDA. BOWERS Mayor 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 January 4,2010 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B, Trinkle We jointly sponsor a request of Pete Lampman, Virginia Amateur Sports, to share information with regard to the "Get Healthy 2010" program) at the regular meeting of City Council to be held on Monday, January 4,2010, at 2:00 p.m. DAB/DBT:ctw Sincerely, ~Q David A. Bowers Mayor 1j, ~ David B. Trinkle Council Member pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk Virginia Amateur Sports, Inc. 711 C 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 www.commonwealthgames.org VIRGINIA AMATEUR SPORTS, INC. SPONSORS. TITLE Coventry Health Care PRESENTING ABC 13 WSET City of Roanoke, City of Salem Kroger Roanoke County PREMIER Autotrader,com McDonald's Pepsi StellarOne GOLD MEDAL Blue Ridge Copier Carilion Clinic Clear Channel - W JJS Cox Cable Hampton Roads Cox Cable Roanoke Jefferson College of Health Sciences Play By Play Roanoke Valley CVB Venture Marketing SILVER MEDAL First Team Auto Mall Hall Community Services Holiday Inn - Tanglewood Lanford Brothers Member One Rick Woodson Honda BRONZE MEDAL Arby's American Automobile Association Appalachian Power Company Dominion Lodging Heartland Rehabilitation Services Mountain Springs Water Poe & Cronk Roanoke Fruit & Produce Robertson Marketing Taubman Museum PARTNER Delta Dental COY E NT R Y. ~@~M(Q)H\lJWfe~IL[j'[]={] GAMES December 30, 2009 Mayor David Bowers City of Roanoke 215 Church Ave Roanoke, VA 24011 Dear Mayor Bowers, I would like to give a brief presentation at the 2:00 pm City Council meeting on Monday, January 4 on our new initiative, Get Healthy Virginia. Please accept my thank you in advance for considering my request. Thank you! Sincerely, Virginia Amateur Sports ~~ Peter Lampman President Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee - -~/ "- ----- _./ January 21 - April 30 How does Get Healthy Virginia work? Friends, family or co-workers of 2-10 people that track physical activity or weight loss at . www.GetHealthyVirginia.org in a friendly, fun & motivation wellness challenge. For only $15, each participant gets: . Get Healthy Virginia water bottle . Get Healthy Virginia magnet . Weekly motivational emails containing physical fitness & nutrition . Personal online tracking page . Unlimited access to a wide variety of online resources . And more! step 1: Become a Captain. Start a teaml Team captain must have an em ail address. step 2: Build your teaml Form a team of 2-10 people. Gather the team's names and email addresses. Blow the whistle on bad habits! Register today! www,GetHealthyVirginia.org Join the Challenge! Questions? Call Virginia Amateur Sports at 540.343.0987 Step 3: Sign Upl The team captain will go to www.GetHealthyVirginia.org to register his or her team. The entry fee is only $15 per AI ~ participant! ~"rD VIRGINIA AMATEUR SPORTS. INC. CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor January 4, 2010 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: We jointly sponsor a request of Elmwood Park Festival Producers, to discuss inclusion in the amphitheater project process, at the regular meeting of City Council to be held on Monday, January 4,2010, at 2:00 p.m. Sincerely, Y'.Q:2J" ". ,.. - - _.~. ." ~- .,- , - ~ David A. Bowers Mayor ~ .tfi#- Sherman P. Lea Vice-Mayor ~~ Court G. Rosen Council Member DAB/SPL/CGR:ctw Festival Alliance of the Roanoke Valley Opening comments for Presentation to Roanoke City Council by Scott Terry-Cabler I am Scott Terry-Cabler and I'm here to represent Roanoke Festival Alliance. We're a group of festival organizations that use Elmwood Park for festivals and events. I'm here today to talk <Jbout three points. First: We bring to you, what we hope is a straight-forward decision about a relationship that will form a mutually beneficial agreement about the use of Elmwood Park before, during, and after amphitheatre construction; Second: We propose an open process, that keeps all stakeholders informed and actively involved in all aspects of design, management planning and policy development. Third: We urge that the That protects community assets. I'll address the points in reverse order - that is to protect community assets, by using an open process, and we hope that this is a straight-forward decision. First: To protect Community assets We understand that you have a responsibility to our citizens who elected you to responsibly manage the debt and expenses we take on during the construction and operation of the new facility; Not so obvious is our responsibility to manage the social responsibility. This one is harder to, measure than dollars. This social side includes the management of: o 52 days of existing events held in Elmwood Park; o That benefits organizations like Center in the Square, Northwest Child Development Center, Community School, and to provide scholarships to deserving college students; o The legacy events take as much as ten years to build until the time when they can contribute a significantly to awareness and money for the organization they support; o Members of Roanoke Festival Alliance will best serve our vision and mission through longevity and health. We believe this is only available through a successful conversation about the long-term use of Elmwood Park. Second: We ask for an open process Let's state our position clearly. We're in favor of improvements to Elmwood Park, this includes our support for an amphitheatre. o But change brings uncertainty. o We believe this new faculty must be festival and event friendly before, during, and after construction. o We think this approach will.keep the fabric of the community strong. Third: We hope you see this as a straight-forward decision o Roanoke has been called the "Festival City." We think that our contribution to that description brings a better quality of life -let's work together to find what is best for the community; o Surely you want to be known as the council members who found the ideal balance between the monetary capital use and the preservation of social capital; o Is there emotion? Yes! But we are here to prove that we can work through the issues cooperatively. o We're here in the spirit of relationship building. Our proposal asks for a direct and, formal dialog that will be available before, during, and after amphitheatre construction. We want to get to know and understand each other in a relationship that matures over time. To achieve framework of a direct channel between all parties, we ask City Council agree to establish a direct liaison relationship with our Alliance. The liaison will be a direct channel between our Alliance, City officials, City Council, and all subsequent contractors. This process will insure a balanced flow of information and communication. 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 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G, Rosen David B. Trinkle DAVID A. BOWERS Mayor January 4,2010 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: We jointly sponsor a request of Downtown Neighborhood Association to discuss issues in connection with downtown residents) at the regular meeting of City Council to be held on Monday, January 4, 2010, at 2:00 p.m. Sincerely, M. Rupert Cutler Council Member ~~ CourtG.HRosen Council Member MRC/CGR:ctw pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk Q(s IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 2010. No. 38677-010410. A RESOLUTION authorizing acceptance ofthe 2010 Virginia Department of Fire Programs (VDFP) Training Mini Grant made to the City of Roanoke by the Conunonwealth's Fire Programs Fund, and authorizing execution of ally required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Conunonwealth's Fire Programs Fund, the 2010 Virginia Department of Fire Programs (VDFP) Training Mini Grant in the amount of$6,758, with no local match, for training purposes, such grant being more particularly described in the letter ofthe City Manager to Council dated January 4,2010. 2. The City Manager is hereby authorized to execute and file, on behalfofthe City, any documents setting forth the conditions ofthe grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Conunonwealth's Fire Programs Fund in connection with the acceptance of the foregoing grant. ATTEST: ~ 011. /Yv;w City Clerk. L ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4tb day of January, 2010. No. 38678-010410. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs for the purchase of Fire-EMS Training Center Burn Building equipment, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Revenues Burn Building Equipment FY10 35-520-3347-2035 $ 6,758 35-520-3347 -334 7 6,758 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. \ ATTEST: ~c~' r;'-J 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 January 4, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, 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: Dept. of Fire Programs Training Mini-Grant Acceptance Background: Each year the Virginia Department of Fire Programs (VDFP) takes applications for mini-grants to be used by local fire departments for training purposes. Roanoke was one of 47 jurisdictions considered for the award of a Training Mini-Grant from the Commonwealth's Fire Programs Fund. Applications were reviewed by the Virginia Department of Fire Programs and recommendations provided to the Fire Prevention and Control Committee of the Virginia Fire Services Board and awards were' approved by the full Virginia Fire Services Board on December 4, 2009. Roanoke Fire-EMS was chosen by the Virginia Fire Services Board to receive a mini-grant totaling $6,758 for training purposes. This grant does not require a local match. Considerations: The VDFP grant provides for funding totaling $6,758 and is specified for training to purchase the following items for the Roanoke Valley Regional Fire-EMS Training Center Burn Building: Smoke Machine, Fog, 6 doors, 2 rappe/ling anchors, 1 exhaust fan, and metal walls to be installed throughout the burn building for training scenarios and a floor collapse mock-up. Honorable Mayor and Members of City Council January 4, 2010 Page 2 ) Recommended Action: Authorize the City Manager to accept the grant and file any documents, approved as to form by the City Attorney; setting forth the conditions of the 2010 VDFP Training Mini-Grant, to furnish such additional information as may be required. Adopt the accompanying budget ordinance to establish a revenue fund in account 35-520-3347-3347 totaling $6,758 and an expenditure fund in account 35-520-3347-2035. Respectfully submitted, Darlene L. Burcham City Manager DLB:tb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations David Hoback, Fire-EMS Chief CM09-00217 ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 2010. No. 38679-010410. AN ORDINANCE to transfer existing funding from the Federal government's American Reinvestment and Recovery Act (ARRA) between units of the Workforce Investment Act (WIA), amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: ' Appropriations ARRA WIA FY09 Youth In School- Contract Svcs 35-R09-0946-8057 ARRA WIA FY09 Youth Out of School - Contr Svcs 35-R09-094 7-8057 $ (64,267) 64,267 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . . ~,/n. hJbrW 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 January 4, 2010 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: Funding for Western Virginia Workforce . Development Board Work- Force Investment Act (WIA) Programs Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus, City Council must appropriate the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA programs. The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA funding is for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; · Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor; Honorable Mayor and Members of City Council January 4, 2010 Page 2 . Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and . Businesses in need of employment and job training services. The Western Virginia Workforce Development Board voted on December 4, 2009, to transfer American Reinvestment and Recovery Act (ARRA) In- School Youth Funding allocation for Program Year 2008 (February 17, I 2009 -June 30, 2011) of $64,267 to ARRA Youth-Out-Of-School Funding allocation in order to better serve the youth of Area III. Considerations: · Program Operations - Existing activities will continue and planned programs will be implemented. · Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommendations: Accept the Western Virginia Workforce Development Board Workforce Investment Act funding transfer of $64,267 for Program Year 2008 from Contract Services 3 S-R09-0946-80S 7, and appropriate the funding, in Contract Services 3S-R09-0947-80S7 established in the Grant Fund by the Director of Finance. Transfer corresponding revenue estimates in the Grant Fund as well. Respectfully submitted, ~~ Darlene L. Bu~;am City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Asst. City Manager for Community Development Jane R. Conlin, Director of Human Services " CM09-0021S I~~:'".J 11lL:~ /.... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 2010. No. 38680-010410. A RESOLUTION accepting the Homeland Security Pet Sheltering Project Grant to the City from the 2007 State Homeland Security Program, the National Preparedness Directorate and the United States Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Homeland Security Pet Sheltering Project Grant offered by the 2007 State Homeland Security Program, the National Preparedness Directorate and the United States Department of Homeland Security in the amount of $20,000, with no local match, to be used for the purchase' of a trailer and necessary equipment and supplies to support pet shelter operations, as more particularly described in the letter of the City Manager to Council, dated January 4,2010. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions ofthe grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant. ATTEST: ? ~d0n;b~ City Clerk. K:\Tim\measures\Homeland Security Pet Sheltering Project Grant. 1-4-1 Odoc.doc ", . ~. ," .. i'-~;,: ". Cl' 9~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 2010. No. 38681-010410. AN ORDINANCE appropriating fun"ding from the Commonwealth of Virginia Department of Emergency Management for the purchase of a mobile trailer and pet sheltering equipment and supplies, amending and reordaining certain sections of the 2009- 2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Vehicular Equipment Revenues Pet Sheltering Trailer & Equipment FY10 35-520-3533-2035 35-520-3533-9010 $ 11,500 8,500 35-520-3533-3533 20,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~I~.rr~ ^' 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 january 4, 2010 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: Homeland Security Pet Sheltering Project Grant Background: When an emergency arises within the City of Roanoke, local emergency teams come to the aid of citizens, many of whom are reluctant to abandon their pets during these emergencies. jurisdictions in the Roanoke Valley currently do not have the capability to support pet shelter operations. The City of Roanoke has been awarded a grant totaling $20,000 from the 2007 State Homeland Security Program, the National Preparedness Directorate and the United States Department of Homeland Security. This project is 100% federally funded through the State Homeland Security Grant Program and will support the purchase of a trailer and necessary equipment and supplies to support pet shelter operations. Emergency Management is working closely with Animal Control and will coordinate response procedures with regional emergency management and animal control professionals. The trailer will be stocked and maintained at the Roanoke Valley Animal Control facility. Considerations: City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment and supplies in accordance with provisions of this grant. City Council action is also needed to authorize the City Manager to execute any required grant agreements or Honorable Mayor and Members of City Council January 4, 2010 Page 2 documents. The MOU that the City is being asked to execute provides that 'This MOU is not legally enforceable and shall not be construed to create any legal obligation on the part of either party." Staff has verified that this language, which is unusual, is intended and has been approved by the State. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $20,000 in account 35-520-3533-3533 and appropriate the same amount to an account to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Burcham City Manager DLB:TB c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations H. David Hoback, Fire-EMS Chief Michael Guzo, Emergency Manager CM09-00218 fJ -:(, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 'The 4tb day of January, 2010. No. 38682-010410. A RESOLUTION of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the general obligation public improvement bonds authorized for issuance under Resolution No. 38582-090809 adopted by the Council on September 8, 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Findings and Determinations. The City Council (the "Council") of the City of Roanoke, Virginia (the "Citi'), hereby finds and determines as follows: (a) On September 8,2009, the Council adopted Resolution No. 38582-090809 authorizing the City to contract a debt and to issue general obligation public improvement bonds ofthe City in the principal amount of $13,945,000 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement proj ects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so setforth: Purpose Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements $ 2,500,000 1,455,000 6,740,000 1,200,000 1,050,000 1.000.000 $13,945,000 (b) Subsequent to the adoption of Resolution 38582-090809, the Council has determined that (i) the amount of $2,190,000 authorized for Parks and Recreation is no longer required for such purpose and (ii) it would be desirable and in the best interest of the City to reallocate such amount of $2,190,000 heretofore authorized for Parks and Recreation to the Roanoke River Flood Reduction Project, thereby increasing the amount authorized by Resolution No. 38582-090809 for such purpose t~ $3,645,000. 574573,1 032173 RES SECTION 2. . Reallocation of Amounts Set Forth in Resolution No. 38582- 090809. (a) The Council hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of the Roanoke River Flood Reduction Project $2,190,000 of the amount set forth in Resolution No. 38582-090809 for Parks and Recreation. (b) After the reallocation effected pursuant to Section 2(a) hereof, the purposes and the amounts of the general obligation public improvement bonds of the City in the principal amount of $13,945,000 authorized for issuance under Resolution No. 38582-090809 shall be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements $ 2,500,000 3,645,000 4,550,000 1,200,000 1,050,000 1.000,000 $13,945,000 SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon its adoption. ATTEST: ~rn.~~ City Clerk. 574573.1 032]73 RES .- <-. () CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cIerk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk .:I STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk February 18,2010 CIRCUIT COURT Received & Filed ID"~Dfh-- FEB 2010 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am atta<;;hing a certified copy of Resolution No. 38682-010410 reallocating the purposes and the amounts of the general obligation public improvement bonds authorized for issuance under Resolution No. 38582-090809 adopted by the Council on September 8, 2009. I have been requested by the City's Bond Counsel to file a certified true copy of Resolution No. 38682-010410 with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607, Code of Virginia, as amended. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, January 4,2010. Sincerely, ~_D_ - . ft).rY\OO-WV ~~oon, CMC\...., City Clerk <'.\;,-, Enclosure pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, One Chase Manhattan Plaza, 42nd Floor, New York, New York 10005 Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P.O. Box 13135, Roanok~, Virginia 24031 JoAnne Carter, Managing Director, Public Financial Management, 4350 N. Fairfax . Drive, Suite 580, Arlington, Virginia 22203 Bruce M. Grant, Director of Finance, Western Virginia Water Authority, 601 S. Jefferson , Street, Roanoke, Virginia 24011 Darlene L. Burcham City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget fJ~' ~., IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 2010. No. 38682-010410. A RESOLUTION of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the general obligation public improvement bonds authorized for issuance under Resolution No. 38582-090809 adopted by the Council on September 8, 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE: SECTION L Findings and Determinations. The City Council(the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) On September 8, 2009, the Council adopted Resolution No. 38582-090809 authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City in the principal amount of $13,945,000 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: PUlpose Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater ~ublic Bridges Curbs, Gutter and Sidewalk Improvements $ 2,500,000 1,455,000 6,740,000 1,200,000 1,050,000 1.000,000 $13,945,000 .. (b) Subsequent to the adoption of Resolution 38582-090809, the Council has determined that (i) the amount of $2,190,000 authorized for Parks and Recreation is no longer required for such purpose and (ii) it would be desirable and in the best interest of the City to reallocate such amount of $2,190,000 heretofore authorized for Parks and Recreation to the Roanoke River Flood Reduction Project, thereby increasing the amount authorized by Resolution No. 38582-090809 for such purpose to $3,645,000. 574573.] 032173 RES ..-' SECTION 2. Reallocation of Amounts Set Forth in Resolution No. 38582- 090809. (a) The Council hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of the Roanoke River Flood Reduction Project $2,190,000 of the amount set forth in Resolution No. 38582-090809 for Parks and Recreation. (b) After the reallocation effected pursuant to Section 2(a) hereof, the purposes arid the amounts of the general obligation public improvement bonds of the City in the principal amount of $13,945,000 authorized for issuance under Resolution No. 38582-090809 shall be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below; provided that,. if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose . -' Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements $ 2,500,000 3,645,000 4,550,000 1,200,000 1,050,000 1,000,000 $13 ,945,000 itsad,optioIi. SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon ATTEST: ~~rn.~ City Clerk. .. 574573.1 032] 73 RES 4~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 2010. No. 38683-010410. AN ORDINANCE appropriating funding to be provided by the Series 2010 Bonds to the Roanoke River Flood Reduction Project and transferring residual General Revenue funds from the Civic Center Event Traffic Management project to the same Roanoke River Flood Reduction Project, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from Series 2010 Bonds Appropriated from General Revenue Washington Park Pool Improvements 08-510-9620-9003 08-510-9620-9302 08-530-9814-9003 08-620-9702-9328 $ 131 ,629 2,190,000 (131,629) (2,190,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~,~ City Clerk. 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 January 4, 2010 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: Roanoke River Flood Reduction Project Funding City staff continues to work with the US Army Corps of Engineers (COE) and our congressional delegation to address several project issues related to funding and schedules. As we await final resolution of those issues, it is important that we continue progress on the project to maximize the use of federal stimulus funding allocated to the project. Based upon information from the COE, City staff estimates a total new local funding requirement of $2,778,204. Our current available project balance is $456,575, which results in a funding need of $2,321,629. Our local match funding is needed to access approximately $5.2 million in federal stimulus funding allocated to the project by March 2010. We continue efforts with our congressional delegation to seek relief of local match funding for stimulus funds, however we have not seen success on this issue so far. The funds will provide for completion of all flood control features of the project and extend the greenway trail from Vie Thomas Park to Bridge Street. Council previously authorized the issuance of $13.945 million in bonds to support planned capital projects, of which $6.74 million was designated for Parks and Recreation Master Plan projects. As a result of funding required for Countryside Golf Course and Washington Park Pool Improvement projects being less than initially anticipated, the issuance of $2.190 million of bonds planned in the Parks and Recreation category can be reallocated to the Roanoke River Honorable Mayor and Members of City Council january 4, 2010 Page 2 Flood Reduction project. Additionally, $131,629 in cash funding can be reallocated from the Civic Center Event Traffic Management project to the Roanoke River Flood Reduction project. Recommendation: . Adopt the attached resolution reallocating general obligation bonds in the alT!ount of $2.190 million from the Parks and Recreation Master Plan category to the Roanoke River Flood Reduction category. Adopt the accompanying budget ordinance to appropriate, in advance of issuance, $2.190 million of Series 2010 bond funding to the Roanoke River Flood Reduction Project (08- 510-9620) to meet the immediate funding needs for the flood project and greenway. The attached budget ordinance will also transfer. funds in the amount of $131,629 from Civic Center Event Traffic Management (08-530- 9814) to the Roanoke River Flood Reduction Project (08-510-9620). Respectfully submitted, Darlene L. Burcham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. 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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 June 18, 2008 Robert Lewis Leftwich 3718 Chesterton Street, S. W. Roanoke, Virginia Dear Mr. Leftwich: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 4, 2010, you were appointed as the City representative to the Roanoke Valley Regional Cable Television Committee, to fill the unexpired term of Carla Terry ending June 30, 2011. Enclosed you will find a Certificate of your' appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Robert Lewis Leftwich January 8, 2010 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as the City representative to the Roanoke Valley Regional Cable Television Committee. Sincerely, - ,h1.h1DtMJ Stephanie M. Moonr, CMC C City Clerk Enclosures pc: The Honorable Robert R. Altice, Chair, Roanoke Valley Regional Cable Television Committee, 616 South Maple Street, Vinton, Virginia 24179 Elaine Simpson, Director, RVTV, 541 Luck Avenue, S. W., Suite 145, Roanoke, Virginia 24016 Melinda Mayo, Roanoke City Manager Designee Jonathan Craft, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fourth day'of January 2010, ROBERT LEWIS LEFTWICH was appointed as the City representative to the Roanoke Valley Regional Cable Television Committee to fill the unexpired term of Carla Terry ending June 30,2011. Given under my hand and the Seal of the City of Roanoke this eighth day of January 2010. ~ m,m."V City Clerk l CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E, CRAFT Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk January 8, 2010 CECELIA T, WEBB Assistant Deputy City Clerk The Honorable Brenda S. Hamilton 4505 Biltmore Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Hamilton: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 4, 2010, you were appointed as a City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2012. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal BUilding, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." , , The Honorable Brenda S. Hamilton January 8, 2010 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation f~>r your willingness to serve the City of Roanoke as a City Representative to the Blue Ridge Behavioral Healthcare, Board of Directors. Enclosures Sincerely, ~hJ.~~ Stephanie M. Moon, CMC City Clerk pc: Hunter Roberts, Executive Office Administrator, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4001 Jonathan E. Craft, Deputy City Clerk " COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE. ) To-wit: I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fourth day of January 2010, BRENDA s. HAMILTON was appointed as a City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2012. Given under my hand and the Seal of the City of Roanoke this eighth day of January 2010. : -- ,0Y1. h1 JW City Clerk' · t: 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 January 8, 2010 Ms. Angela Holland 128 Hurst Avenue, N. E. Roanoke, Virginia 24012 Dear Ms. Holland: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 4, 2010, you were reappointed as a member of the Human Services Advisory Board for a term ending November 30, 2013. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Offiee to Room 456 in the Noel C. Taylor Munieipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to whieh you were reappointed. . Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Angela Holland January 8, 2010 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue to serve the 'City of Roanoke as a member of the Human Services Advisory Board. Sincerely, ~~~ ~.~OY-J Stephanie M. Moon, CMC City Clerk Enclosures pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board Jonathan E. Craft, Deputy City Clerk .J COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fourth day of January 2010, ANGELA HOLLAND was. reappointed as a member of the Human Services Advisory Board for a term of four years ending November 30, 2013. Given under my hand and th~ Seal of the City of Roanoke this eighth day of January 2010. hl, Yr1b~ City Clerk \..; \ " CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva,gov JONATHAN E, CRAIT Deputy City Clerk ' STEPHANIE M, MOON, CMC City Clerk January 8,2010 CECELIA T, WEBB Assistant Deputy City Clerk Charles E. Hunter, III, Chairman, Economic Development Authority Harwell M. Darby, Jr., Secretary, Economic Development Authority Donald Gurney, Bond Counsel, Hawkins Delafield & Wood LLP Karin DeMoors, Senior Managing Consultant, Public Financial Managem.e:nt Dear Ms. DeMoors and Gentlemen: I am enclosing copies of R~solution No. 38684-010410 designating in addition to the Roanoke River Flood Reduction Project to be the recipient of funding for purposes of the issuance of Recovery Zpne Econonii~ Development Bonds, !'pursuant to the American Recovery and Reinvestmeflt Act of 2009; Resolution<<iNo.38685-010410 designating the entire City as a Recovery Zone for purpq'ses of th~ issuance of Recovery Zone Economic Development Bonds, pursuant to the American Recovery and Reinvestment Act of 2009; and Resolution No. 38686-010410 approving and ranking certain projects for 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, January 4,2010. Sincerely, ~hJ.~ Stephanie M. Moon, CMC City Clerk Enclosure pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget j IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 2010. No. 38684-010410. A RESOLUTION designating certain additional projects to be the recipient of funding for purposes ofthe issuance of Recovery Zone Economic Development Bonds pursuant to the American Recovery and Reinvestment Act of2009. WHEREAS':' the- American Recovery and Reinvestment Act of 2009 (ARRA) authorizes the issuance of Recovery Zone Economic Development 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 an initial amount of $1 ,602,000 have been allocated for issuance for use -, in the City of Roanoke within a designated Recovery Zone, and more RZEDBs maybe allotted; WHEREAS, the City has designated a Recovery Zone for RZEDB purposes; and WHEREAS, the Director of Finance has recommended that certain projects in addition to the Roanoke River Flood Reduction Project be approved as the recipient of funding financed by the RZEDBs to be issued in the City, as described in the Director of Finance's report to Council dated January4, 2010. THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that it hereby designates in addition to the Roanoke River Flood Reduction Proj ect to be the recipient of funding for purposes ofthe issuance of Recovery Zone Economic Development Bonds pursuant to the American Recovery and Reinvestment Act of 2009 those certain projects described in the Director of Finance's report to Council dated January 4,2010, ATTEST:' ~fh.mDW ., City Clerk. \:. K:\MEASURES\RZB2.DOC ~< IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 2010. No. 38685-010410. A RESOLUTION designating a Recovery Zone for purposes of the issuance of Recovery Zone Economic Development Bonds pursuant to the American Recovery and Reinvestment Act of2009. , , WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) authorizes the issuance of Recovery Zone Economic Development Bonds (RZEDBs), in such amounts as may be allocated to be issued within specified localities, which may be used for capital expenditures for public facilities and infrastructure; WHEREAS, RZEDBs in an initial amount of$I,602,000 have been allocated for issuance for use in the City of Roanoke within a designated Recovery Zone, and more may be allocated; 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, the Director of Finance has recommended in a report to Council dated January 4, 2010, that the entire City be designated as a Recovery Zone for the issuance of RZEDBs. THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that it hereby finds that the entire City 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, for the issuance ofRZEDBs. ATTEST: ~~krn.~~ K:\MEASURES\RZB I.DOC J'Q{ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA . The 4th day of January, 2010. No. 38686-010410. A RESOLUTION approving and ranking certain projects forthe issuance of Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment Act of2009. WHEREAS, the American Recovery and Reinvestment Act of 2009 (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 private development of new projects 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 an initial amount of $2,403,000 have been allocatee!- for issuance for use in the City of Roanoke within a designated Recovery Zone and more RZFBs may be al~ocated; WHEREAS, the City has designated a Recovery Zone for RZFB purposes; and WHEREAS, as recommended by a Selection Committee, the Director of Finance has recommended that certain projects be approved for the issuance of RZFBs to be issued in the City as further described, set out, and ranked in the Director of Finance's report to Council dated January 4, 2010; K:\MEASURES\RZ2,DOC THEREFORE, BE ITRESOL VED by the Council of the City of Roanoke that it hereby approves the projects for the issuance of Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment Act of 2009 as further described, set out, and ranked in the Director of Finance's report to Council dated January 4,2010. ATTEST: ~rn.~ City Clerk. I(;IMEASURES\RZ2.DOC CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, 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 January 8, 2010 CECELIA T WEBB Assistant Deputy City, ~lerk Harwell M. Darby, Jr., Secretary Economic Development Authority Glenn Feldmann Darby Goodlatte 37 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Darby: I am enclosing copies of Resolution No. 38687-010410 approving and concurring in the financing and refinancing of acquisition, construction and equipping of certain facilities consisting of Billy's Restaurant/The Rowland. Hotel, mixed use development with full service restaurant on first floor, meeting and conference space on second floor and commercial space (possibly hotel) on other floors, and the issuance of bonds by the Economic Development Authority, in an amount now estimated at $2.403 million but not to exceed $ 5 .5 million, to assist Market Street Partners LLC, in the financing and refinancing of the Project; Resolution No. 38688-010410 approving and concurring in the financing and refinancing of acquisition, construction and equipping of certain facilities consisting of The Patrick Henry, renovation of the 160,000 square foot Patriek Henry Hotel for mixed use; lower level Class A commercial space, food and beverage retail, public special event space, and residential component of 100 apartments and maybe a hotel, and the issuance of bonds by the Economic Development Authority, in an amount now estimated at $2.403 million but not to exceed $12 million, to assist 611 Jefferson, LLC, in the financing and refinancing of the Project; and Resolution No. 38689-010410 approving and concurring in the financing and refinancing of acquisition, construction and equipping of certain facilities consisting of The Boxley Reside'nces, 416 South Jefferson Street, renovation of an 8-floor 40,000 square foot commercial/residential condominiums; top six or seven floors will be luxury residential condos with upscale commercial or retail on the first, possible second floor, and the issuance of bonds by the Economic Development Authority, in an amount now estimated at $2.403 million but not to exceed $11.5 million, to assist Fairlawn at Jefferson, LLC, in the financing and refinancing of the Project. Harwell M. Darby, Jr., Secretary January 8,2010 Page 2 / The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4,2010. Sincerely, ~m.~ Stephanie M/, Moon, CMC . City Clerk Enclosures pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance ~ The 4th day of January, 2010. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA No. 38687-010410 WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") has considered the application of Market Street Partners LLC, P.O. Box 1371, Roanoke, Virginia 24011, (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount now estimated at $2,403,000 but not to exceed $5,500,000 (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of Billy's Restaurant/The Rowland Hotel, 10 Market Street S.E. and 102 Market Street S.E., Mixed use development with full service restaurant on 1 st floor, meeting and conference space on 2nd floor and commercial space (possibly hotel) on other floors (the "Project"), and the Authority has held a public hearing thereon; and WHEREAS, it has been requested that the City Council of the City of Roanoke, (the "Council") approve the financing and refinancing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the financing and refinancing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the financing and refinancing of the Project. The Council concurs with the resolution adopted by the Authority on January 4, 2010 with respect to the Bonds and the Project. Such approval and concurrence shall be effective or are issued thereafter, 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the City of Roanoke and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City or Roanoke and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoptioIl. .T~nll~ry 4, ?010 . Date (SEAL) J~ The 4th day of January, 2010. I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA No. 38688-01041D. WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") has considered the application of 611 Jefferson, LJ..,C, 26 Kirk A venue, Roanoke, Virginia 24011 (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount now estimated at $2,403,000 but not to exceed $12,000,000 to finance and/or refinance the cost of the Project (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of Patrick Henry, 611 South Jefferson St., Roanoke, Virginia 24011, Renovation of the 160,000 sq. ft. Patrick Henry Hotel for mixed use; lower level Class A commercial space, food and beverage retail, public special event space, and residential component of 100 apartments and maybe a hotel (the "Project"), and the Authority has held a public hearing thereon; and WHEREAS, it has been requested that the City Council of the City of Roanoke, (the "Council") approve the financing and refinancing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the financing and refinancing of the Project and the issuance of the Bonds by the, Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the fmancing and refinancing of the Project. The Council concurs with the resolution adopted by the Authority on January 4, 2010 with respect to the Bonds and the Project. Such approval and concurrence shall be effective 'or are issued thereafter. 2. The approval of the issuance of the Bonds, as required by said Section 147(f),does not' constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the City of Roanoke and the Authority, shall be obligated to pay the principal .of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City or Roanoke and the Authority, shall be pledged thereto, 3. This ResolutIon shall take effect immediately upon its adoption. January 4, 2010 Date (SEAL) 'W~~ The 4th day of January 2010. RESOLUTION OF THE CITY COUNCIL OFf THE CITY OF ROANOKE, VIRGINIA . No. 38689-010410 WHEREAS, the Economic Development Authority. of the City of Roanoke, Virginia (the "Authority") has considered the application of Fairlawn at Jefferson, LLC, 2703 Richelieu Avenue, S.W., Roanoke, Virginia 24014, (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount now estimated at $2,403,000 but not to exceed $11,500,000 (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of The Boxley . Residences, 416 South Jefferson Street, Roanoke, Virginia 24011, Renovation of an 8 - floor 40,000 square foot commercial/residential condominiums. Top 6 or 7 floors will be luxury residential condos with upscale commercial or retail on the 1 S\ possible 2nd floor (the "Project"), and the Authority has held a public hearing thereon; and WHEREAS, it has been requested that the City Council of the City of Roanoke, (the "Council") approve the financing and refinancing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the financing and refinancing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section I 47(f),to permit the Authority to assist in the financing and refmancing of the Project. The Council concurs with the resolution adopted by the Authority on January 4, 2010 with respect to the Bonds and the Project. Such approval and concurrence shall be effective or are issued thereafter. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the City of Roanoke and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City or Roanoke and the Authority, shall be pledged thereto. 3, This Resolution shall take effect immediately upon its adoption. January 4, 2010 Date ~.... . ~~~m... D~ Steph- -eM_Moon,CMC,~ (SEAL) GFmG blf~ ~ ~fl~MA~~ ~A~~Y b~~~lNJ.JCLERK 'tT3 DEe 23 PHfJ3:47 HARWELL M, DARBY, JR Direct Dial (540) 224-8006 E-mail hdarby@gfdg.com December 22, 2009 HAND DELIVERED Stephanie M. Moon, CMC City Clerk, City of Roanoke, Virginia 456 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 RE: Economic Development Authority ofthe City of Roanoke, Virginia Dear Stephanie, As you know I'm sure, the Economic Development Authority of the City of Roanoke, Virginia will be holding a Public Hearing for 3 applicants for Recovery Zone Facility Bonds, They are: 1. Fairlawn at Jefferson, LLC, 2703 Richelieu Avenue, SW, Roanoke, Virginia 24014; 2, Market Street Partners LLC, P.Q, Box 1371, Roanoke, Virginia 24011; and 3, 611 Jefferson, LLC, 26 Kirk Avenue, Roanoke, Virginia 24011. The public notice is running December 21 and 28 and the Public Hearing will take place the morning of January 4, Weare anticipating hand carrying the Report of Public Hearing to City Council at its January 4 meeting and are sending the pro forma forms of the Reports of Public Hearing, the Authority Resolutions and the forms of the City Council Resolutions. We will also be filing Fiscal Impact Statements at that time. The form of Fiscal Impact Statement is also enclosed, 37 CAMPBELL AVENUE s.w. ROANOKE VIRGINIA 24011 P S40 224 8000 F 5402248050 POST OFFICE BOX 2887 ROANOKE VIRGINIA 24001 WWWGFDG,COM "oo~S WO.f'o 3:' ............ ~ -;. iii ;; 4,ERrl"'C, Ms. Stephanie Moon, City Clerk December 22,2009 Page 2 GFD8G Very truly yours, ~~ Harwell M, Darby, JI. HMD:caf:0042000 Enclosures c: William M. Hackworth, Esq., City Attorney (w/enc.) Ms, Darlene Burcham, City Manager (w/enc.) Ms. Ann Shawver, CPA, Director of Finance (w/enc:) REPORT OF PUBLIC HEARING A public hearing was conducted by the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") at 8:00 a.m., on January 4,2010 on the application of 611 Jefferson, LLC, 26 Kirk Avenue, Roanoke, Virginia 24011, (the "Borrower") requesting the Authority to issue an amount now estimated at $2,403,000 but not to exceed $12,000,000 of its revenue bonds or notes (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of Patrick Henry, 611 South Jefferson St., Roanoke, Virginia 24011, Renovation of the 160,000 sq. ft. Patrick Henry Hotel for mixed use; lower level Class A commercial space, food and beverage retail, public special event space, and residential component of 100 apartments and maybe a hotel (the "Project") in the City of Roanoke, Virginia (the "City"); Notice of such hearing was published on December 21,2009 and December 28,2009 in The Roanoke Times. The public hearing was'held in the offices of the Economic Development Authority of the City of Roanoke, Virginia, 117 Church Avenue, Roanoke, Virginia 240 II. At the meeting those persons interested in the issuance of the Bonds or the location and nature of the Project were given the opportunity to present their views. The public comments, if any, received at the meeting are summarized in Exhibit A attached hereto. After such hearing, the Authority voted to recommend the approval of the Bonds to the City Council (the "Council"), Accordingly, the Authority hereby recommends to the Council that they approve the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, Dated: January 4,2010 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By:aj)'p' Charles E. Hunter, III, Chairman Exhibit A Public Comments Received by the Economic Development Authority of the City of Roanoke, Virginia at a Public Hearing Held January 4,20/4 [None] ,-: ,- (, FISCAL IMP ACT STATEMENT Date: January 4, 2010 Applicant: 611 Jefferson, LLC 26 Kirk Avenue Roanoke, Virginia 240 II Facility: Patrick Henry, 611 South Jefferson 8t., Roanoke, Virginia 24011, Renovation of the 160,000 sq. ft. Patrick Henry Hotel for mixed use; lower level Class A commercial space, food and beverage retail, public special event space, and residential component of 100 apartments and maybe a hotel. 1. Maximum amount of financing sought 2, Estimated taxable value ofthe facility's Real property to be constructed in the City of Roanoke, Virginia 3. Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rates 5. Estimated merchants' capital tax per year using present tax rates 6, a, Estimated dollar value per year of goods that will be purchased from Virginia companies within the City of Roanoke, Virginia b. Estimated dollar value per year of goods that will be purchased from non- Virginia companies within the City of Roanoke, Virginia $ c, Estimated dollar value per year of services that will be purchased from Virginia companies within the City of Roanoke, Virginia $12,000,000 $ $ $ $ $ $ t, d, Estimated dollar value per year of services that will be purchased from non-Virginia companies within the City of Roanoke, Virginia $ 7, Estimated number of regular employees on year round basis 8, Average annual salary per employee $ Signature: Charles E. Hunter, III, Chairman Economic Development Authority of Roanoke, Virginia If one or,more of the above questions do not apply to the facility, indicate by writing "N/A" on the appropriate line. REPORT OF PUBLIC HEARING A public hearing was conducted by the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") at 8:0,0, a.m., on January 4,20,10, on the application of Market Street Partners LLC, P.O. Box 1371, Roanoke, Virginia 240,11, (the "Borrower") requesting the Authority to issue an amount now estimated at $2,40,3,0,0,0, but not to exceed $5,50,0,,0,0,0 of its revenue bonds or notes (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of Billy's Restaurant/The Rowland Hotel, 10, Market Street S,E. and 102 Market Street S.E" Mixed use development with full service restaurant on I st floor, meeting and conference space on 2nd floor and commercial space (possibly hotel) on other floors (the "Project") in the City of Roanoke, Virginia (the "City"); . Notice of such hearing was published on December 21,20,0,9 and December 28,20,0,9 in The Roanoke Times. The public hearing was held in the offices of the Economic Development Authority of the City of Roanoke, Virginia, 117 Church Avenue, Roanoke, Virginia 240 II, At the meeting those persons interested in the issuance of the Bonds or the location and nature ofthe Project were given the opportunity to present their views, The public comments, if any, received at the meeting are summarized in Exhibit A attached hereto. After such hearing, the Authority voted to recommend the approval of the Bonds to the City Council (the "Council"), Accordingly, the Authority hereby recommends to the Council that they approve the issuance of the Bonds, as required by Section 147(t) of the Internal Revenue Code of 1986, as amended, Dated: January 4,2010 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA BY:U. (flU Charles E. Hunter, III, Chairman Exhibit A Public Comments Received by the Economic Development Authority of the City of Roanoke, Virginia at a Public Hearing Held January 4, 20/c'-, [None] l.\~ FISCAL IMPACT STATEMENT Date: January 4,2010 Applicant: Market Street Partners LLC P,O. Box 1371 Roanoke, Virginia 240 II Facility: Billy's Restaurant/The Rowland Hotel, 10 Market Street S.E. and 102 Market Street S.E., Mixed use development with full service restaurant on 1st floor, meeting and conference space on 2nd floor and commercial space (possibly hotel) on other floors. 1. Maximum amount of financing sought $5,500,000 2, Estimated taxable value of the facility's Real property to be constructed in the City of Roanoke, Virginia $ 3, Estimated real property tax per year using present tax rates $ 4. Estimated personal property tax per year using present tax rates $ 5. Estimated merchants' capital tax per year using present tax rates $ 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the City of Roanoke, Virginia $ b, Estimated dollar value per year of goods that will be purchased from non- Virginia companies within the City of Roanoke, Virginia $ c. Estimated dollar value per year of services that will be purchased from Virginia companies within the City of Roanoke, Virginia $ " . .. d, Estimated dollar value per year of services that will be purchased from non-Virginia companies within the City of Roanoke, Virginia $ 7, Estimated number of regular employees on year round basis 8. Average annual salary per employee $ Signature: Charles E. Hunter, III, Chairman Economic Development Authority of Roanoke, Virginia If one or more of the above questions do not apply to the facility, indicate by writing "N/~" on the appropriate line. REPORT OF PUBLIC HEARING A public hearing was conducted by the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") at 8:00 a,m" on January 4,2010 on the application of Fairlawn at Jefferson, LLC, 2703 Richelieu Avenue, S,W" Roanoke, Virginia 24014, (the "Borrower") requesting the Authority to issue an amount now estimated, at $2;403,000 but not to exceed $11,500,000 of its revenue bonds or notes (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of The Boxley Residences, 416 South Jefferson Street, Roanoke, Virginia 24011, Renovation of an 8 - floor 40,000 square foot commercial/residential condominiums. Top 6 or 7 floors will be luxury residential condos with upscale commercial or retail on the 1st, possible 2nd floor (the "Project") in the City of Roanoke, Virginia (the "City"); Notice of such hearing was published on December 21,2009 and December 28,2009 in The Roanoke Times, The public hearing was held in the offices of the Economic Development Authority of the City of Roanoke, Virginia, 117 Church Avenue, Roanoke, Virginia 240 II, At the meeting those persons interested in the issuance of the Bonds or the location and nature of the Project were given the opportunity to present their views. The public comments, if any, received at the meeting are summarized in Exhibit A attached hereto, After such hearing, the Authority voted to recommend the approval of the Bonds to the City Council (the "Council"). Accordingly, the Authority hereby recommends to the Council that they approve the issuance of the Bonds, as required by Section 147 (t) of the Internal Revenue Code of 1986, as amended, Dated: January 4,2010 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By:a:/tb Charles E, Hunter, III, Chairman Exhibit A Public Comments Received by the Economic Development Authority of the City of Roanoke, Virginia at a Public Hearing Held January 4, 20/!!7 [N one] Applicant: Facility: 1. 2. 3, 4. 5, FISCAL IMPACT STATEMENT Date: January 4, 2010 Fairlawn at Jefferson, LLC 2703 Richelieu Avenue, S.W. Roanoke, Virginia 24014 The Boxley Residences, 416 South Jefferson Street, Roanoke Virginia 24011, Renovation of an 8 - floor 40,000 square foot commercial/residential condominiums. Top 6 or 7 floors will be luxury residential condos with upscale commercial or retail on the 1St, possible 2nd floor. Maximum amount of financing sought $11,500,000 Estimated taxable value of the facility's Real property to be constructed in the City of Roanoke, Virginia $ Estimated real property tax per year using present tax rates $ Estimated personal property tax per year using present tax rates $ Estimated merchants' capital tax per year using present tax rates $ 6, a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the City of Roanoke, Virginia $ b, Estimated dollar value per year of goods that will be purchased from non- Virginia companies within the City of Roanoke, Virginia $ c. Estimated dollar value per year of services that will be purchased from Virginia companies within the City of Roanoke, Virginia ,$, ""', d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the City of Roanoke, Virginia $ 7. Estimated number of regular employees on year round basis 8, Average annual salary per employee $ Signature: Charles E. Hunter, III, Chairman Economic Development Authority of Roanoke, Virginia If one or more ofthe above questions do not apply to the facility, indicate by writing "N/A" on the appropriate line. "