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HomeMy WebLinkAboutCouncil Actions 01-17-12 TRINKLE 39292-011712 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 17, 2012 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. All present. The Invocation was delivered by Council Member Sherman P. Lea. 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 19 at 7:00 p.m., and Saturday, January 21 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. 1 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 GOVERNMENT ICON. 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 BYTHE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT 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 MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING VACANCIES: BOARD OF ZONING APPEALS - TWO VACANCIES (EFFECTIVE JANUARY 1, 2012) LOCAL BOARD OF BUILDING CODE APPEALS - TWO VACANCIES (REPRESENTATIVES-A PROPERTY MANAGER AND AN ARCHITECT OR ENGINEER) PARKS AND RECREATION ADVISORY BOARD - FOURVACANCIES ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION - ONE VACANCY TOWING ADVISORY BOARD - TWO VACANCIES (REPRESENTATIVES-A CITIZEN AT LARGE AND A TOWER ENFORCER) 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Wonju, Korean students visiting the City of Roanoke. Presented Honorary Citizenship' Certificates to nine students and one chaperone who were visi~ing from January 11th through February 1, 2012. Presentation of the Government Finance Officers Distinguished Budget Presentation Award. Presented a plaque and Certificate to Amelia Merchant, Director of Management and Budget, and recognized the members of her staff. A resolution noting continued support of the; Roanoke Valley Veterans Council and the Department of Military Affairs to secure funding required to establish a new National Guard Readiness Center site in the Roanoke Valley. Adopted Resolution No. 39292-011712. The Mayor recognized Commander William King, Post 64 Commander of the 29th Division. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 4. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of Council held on Monday, December 5, and Monday, December 19, 2011. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from Council Member Anita J. Price, Chair, Roanoke City Council Personnel Committee, requesting that Councilconvene in a Closed Meeting to discuss a personnel matter, being the mid-year performances of certain Council- Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 3 C-3 Annual Report of the City of Roanoke Pension Plan Board for Fiscal Year ending June 30, 2011. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request of Total Action Against Poverty to share information with regard to Sabrina's Place, Supervised Visitation and Safe Exchange Program. Annette Lewis, Senior Vice President of Programs and Director, TAP - This Valley Works, Virginia CARES and Sabrina's Place, Spokesperson. (Sponsored by the City Manager) Remarks referred to the City Manager. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: . Elmwood Park Improvements Update - 30 minutes No Action Taken. ITEMS RECOMMENDED FOR ACTION: 1 . Amendment of the City Code to allow flags and pole-mounted banners to be displayed for a continuous period of 365 days within the Central Business District. Adopted Ordinance No. 39293-011712 (7-0). 2. Approval to reduce/modify funding in connection with the Virginia Department of Conservation and Recreation Project - Water Quality Improvement Program. Adopted Budget Ordinance No. 39294-011712 (7-0). 4 COMMENTS BY CITY MANAGER. Reqjstration for Leadership Colleqe now open . A nine-week program that helps citizens understands how government works and encourages civic involvement. . The next session will run from March 21 through May 16. . Classes will be on Wednesdays from 6 to 9 p.m. at the Municipal Building . To register, go online to www.roanokeva.qov/leadershipcolleqeorcall Bob Clement at 853-5210 and request a registration form. Innovative Leadership Proqram . First time offered . Five-week advanced program to run from February 9 to April 19. . Created by Virginia Cooperative Extension, co-sponsored by the Roanoke Neighborhood Advocates. . Class will meet every two weeks on Thursdays, 6:00 to 9:00 p.m. at Municipal Building . Open to the public, but for this first class Leadership College graduates were offered first opportunity to register for the program. . Reqistration is alreadv filled. with 10 people on waitinq list. . Due to demand, Neighborhood Services hopes to offer the program again next year. Budqet Development Process Underway . The City of Roanoke has started the process for Fiscal Year 2013. . This year, the City will continue using the Budgeting for Outcomes method and its focus on City Council's seven priority areas. . Departments have identified their most critical programs and services, and determined how they help to achieve the priorities. These results were submitted as "offers" for services on January 10. . Priority Teams, comprised of city employees and community stakeholders, are now in the process of reviewing these offers to provide feedback and rank them. . Management and Budget staff will give presentations at City Council's briefings on the first Mondays of the next three months (February 6, March 5, and April 2) to share progress being made and challenges encountered. . These briefings will be broadcast live and recorded for replay on RVTV Channel 3. . 5 Electronic Recvclinq Collection Event . Saturday, January 21 from 10:00 a.m. to 2:00 p.m. at Valley View Mall. Citizens are encouraged to bring old electronic equipment for recycling instead of throwing in the trash. Information about the event will be sent to citizens via the MyRoanoke news service. b. DIRECTOR OF FINANCE: 1. Authorization to refund bonds to achieve debt service savings. Adopted Resolution No. 39295-011712 (7-0). 8. REPORTS OF COMMITTEES: a. A certificate of public hearing conducted by the Economic Development Authority and resolution recommending approval of the refinancing of Carilion Clinic and issuance of the bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended. Adopted Resolution No. 39296-011712 (7-0). 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 Ferris requested that the City Manager meet with service providers to discuss long term solutions to help assist the homeless population in the City of Roanoke. Mayor Bowers mentioned a complaint regarding the condition of the Wasena Skate Park; whereupon, the City Manager remarked that the Skate Park was currently under renovation. Mayor Bowers also called attention to the billing cost for ambulatory services to Medicare and Medicaid citizens. Lastly, he acknowledged the recognition of the City of Roanoke in Richmond, Virginia, and Tampa Bay, Florida magazines. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. THE COUNCIL MEETING WAS RECESSED FOR A CLOSED MEETING, TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 6 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 17, 2012 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America led by Arnez Kirtley, an eleven year, Big Brothers Big Sisters organization. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, January 19 at 7:00 p.m., and Saturday, January 21 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. Vice-Mayor Trinkle introduced Arnez Kirtley and stated that he was participating in the Big for a Day program through Big Brothers Big Sisters organization. He urged everyone to volunteer to mentor a child, adding that mentorship was needed at several Roanoke City elementary schools. Council Member Bestpitch introduced "Flat Stanley", a paper boy visiting from Richmond, Virginia. 7 A. PUBLIC HEARINGS: 1. Request of Krista Vannoy, on behalf of James Settle as the contract purchaser and the owner, David Rao, to repeal the proffered condition as it pertains to the parcel of land at 547 Campbell Ave., S. W., James Settle, Applicant, Spokesperson. Adopted Ordinance No. 39297-011712 (7-0). 2. Consideration of a request of James D. and Jerline S. Riddle to purchase a portion of City-owned Countryside property, adjacent to 3543 Laurel Ridge Road, N. W. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39298-011712 (7-0). 3. Consideration of a request of Kenneth L. and Roseanne C. Saunders to purchase a portion of City-owned Countryside property, adjacent to 2225 Mattaponi Drive, N. W. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39299-011712 (7-0). 4. Consideration of a proposal of the City of Roanoke to convey a parcel of City-owned property to the Virginia Department of Transportation (V DOT) to be used as a right-of-way for construction, maintenance and/or operation of a public transportation facility, specifically the 13th Street/Hollins Road Improvement Project. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39300-011712 (7-0). B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. CERTIFICATION OF CLOSED MEETING. (7-0) C. ADJOURN. 7:19 P.M. 8 Gr> Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 October 15,2011 PRESS RELEASE For Further Information Contact Stephen J. Gauthier (312) 977-9700 ************************************************************************************* Chicago--The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that City of Roanoke, Virginia has received the GFOA's Distinguished Budget Presentation A ward for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: . a policy document . a financial plan . an operations guide . a communications device Budget documents must be rated "proficient" in all four categories, and the fourteen mandatory criteria within those categories, to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Amelia Merchant, Director, Department of Management & Budget. For budgets including fiscal period 2010, over 1,250 entities received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving nearly 17,400 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation A wards Program is the only national awards program in governmental budgeting. Washington, DC Office 1301 Pennsylvania Avenue, N.W, Suite 309 . Washington, DC 20004 . 202.393.8020 . fax: 202.393.0780 www.gfoa.org The City of Roanoke has received the Distinguished Budget Presentation award for the FY 2011-2012 budget from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by the City of Roanoke. The. City of Roanoke has received this award every year since 1986. uV6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39292-011712. A RESOLUTION noting continued support for ,the Roanoke Valley Veterans Council and the Department of Military Affairs in their efforts to secure federal funding necessary to establish a new location for aN ational Guard Readiness Center in the Roanoke Valley. WHEREAS, the National Guard, the oldest component of the Armed Forces of the United States and one ofthe nation's longest-enduring institutions, celebrated its 375th birthday on December 13, 2011 with the presentation of a Certificate of Recognition by Governor Bob McDonnell to Major General Daniel E. Long Jr., the Adjutant General of Virginia; WHEREAS, members of the Roanoke Valley Veterans Council and the Roanoke community have expressed interest and support for a new National Guard Armory in the Roanoke Valley to the Commonwealth of Virginia Department of Military Affairs (DMA) and the Honorable Bob Goodlatte of the House of Representatives; and WHEREAS, the purpose of constructing a National Guard Armory facility is to provide support for local emergency management services, community shelter in the event of national, state or local disasters, and serve as a command post for combat and disaster training assignments in Southwestern Virginia. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby continues to support the Roanoke Valley Veterans Council and the Department of Military Affairs in their efforts to secure federal funding necessary to establish a new National Guard Readiness Center in the Roanoke Valley. . Roanoke City Council Regular Session January 17, 2012 Statement by Rupert Cutler, 204 S. Jefferson Street, Suite 4, Roanoke, VA 24011 On Agenda Item 7.a. Statement on Elmwood Park Improvements Update Mayor, Members of Council, Mr. Morrill, speaking as a resident of downtown Roanoke: . I thank your staff and Hill Studios for their impressive good work on an affordable plan for the improvement of my neighborhood park, Elmwood Park, and . I urge you to direct staff to wrap up the planning process and start building these improvements soon. Lots of people are moving downtown. They need a convenient place to play. Lots more people will come to Roanoke as visitors from near and far, and spend money here, if Elmwood Park was more family-friendly and had a better stage for musical and other productions with regional appeal. When I was on that dais a few years ago, we were contemplating the construction of a more expensive, covered amphitheater in this same location. A Wolf Trap Park-like, roofed amphitheater may be in the cards for Roanoke some day, perhaps where Victory Stadium once stood, but not today. We can't afford it. But Elmwood Park needs an upgrading. The plan you'll be briefed on shortly accomplishes what's needed and can be done now. The plan includes a stage close to Williamson Road. The "back of house" area in the plan conveniently allows trucks with sound and light gear to back right up to the stage off Williamson. The stage building includes badly needed public restrooms. (I wish there were restrooms located along other greenways as well.) ! The plan calls for an interactive water feature similar to that found in Ellis Square in Savannah. I've watched videos of children playing in that innovative fountain and can see that it would be a big plus for Elmwood Park. I am normally not a fan of water features because my home town of Detroit, Michigan, demolished a fine old city hall made of sandstone in the heart of the city and put up a "water feature" there that became a trash-filled eyesore. But I am assured that the water feature contemplated has no standing water and is child-safe, so let's give it a try. I like the proposed Magnolia Allee but have a concern that bikers and runners using the Mill Mountain Greenway may not mix well with strollers along this "allee." That important greenway connects Market Square with the top of Mill Mountain. Many greenway users are single-minded about covering miles at a fast clip. The City of Roanoke is famous for its long-standing, generous support of the regional greenway trail program, and I am sure a way will be found, with widening of the path and markings on the pavement, etc. to make it a safe multi-use corridor. As a member of the Roanoke Arts Commission, I like the proposed Arts Walk. Public Art Coordinator Susan Jennings has been involved in the planning process and knows what kind of pedestals or other bases and backgrounds would be best suited for temporary art of different kinds. I'm glad that the City's "percent for art" policy will be applied here to pay for art pieces for the Arts Walk and that the Arts Commission will vet proposed art for this highly visible location. I like the proposed Elm Avenue Front Lawn. Such flat, green places to toss Frisbees and play volleyball are desirable for the new neighbors that live in the Patrick Henry. A coffee shop that serves both library and park patrons, using the "cage" area at the back of the main library, would be popular as well. You should feel free to reduce the density of the holly trees that surround the park on Williamson and Elm and lower the high berms they're planted on. I am a tree- hugger, but I think that opening and flattening those holly-covered "hills" would make the park more inviting and appear to be more safe. Finally, please bear in mind that Elmwood Park is a neighborhood park as well as a destination. It needs to serve those of us who live downtown, with our kids, our dogs, and our need to get out of our apartments and condos and grab some fresh air and exercise. We are on our way to seeing Elmwood Park becoming an incredible urban space. Thank you. &tforci ()vu~-t 1-16-12 Mr. Mayor and council I urge that you postpone giving Hill Studios the go ahead for further design work and engineering plans for Elmwood Park at this time. I visited the public display at the library Thursday and was not impressed with what I saw and heard, especially after learning that the final cost would be over nine million dollars. The plan doesn't properly utilize the available land, provides for only two permanent bathrooms, has a stage complex that is located wrong, and is over designed. The Hill plan in general does not make the best use of the area. As I understand it, the purpose of the renovations is to make the park safer, more visible, more accessible, more adaptable, and in general designed to lure more people downtown. My plan does this at a fraction of the proposed cost of the Hill plan and, in my opinion, will better achieve the desired results. An extra bonus is that my plan can be completed in its entirety in three to six months. The Hill plan and mine agree that the top of the park remain pretty much as it is now. The Hill plan and I both agree as to what should be done to what they call magnolia allee and I call the concourse. Bullitt Avenue is a street, not a walkway, except when partially closed for events. The Social Security Administration demands that at least part of the street remain open at all times, therefore the proposed arts walk can't happen as rendered. The chain across Bullitt wasn't put there for looks. It is there to keep vehicles out, therefore is still needed. The Hill plan offers only two permanent bathrooms open year round while my plans offers eight, designed so that two would be open at all times. By simply unlocking two doors the other six could be utilized for small to medium sized events reducing the need for Porta Johns. My plan also calls for a storage/maintenance building as part of the bathroom complex, as well as, a dressing/rehearsal room. I also propose two basketball goals, a Frisbee golf course, and at least two volleyball nets. My plan will seat as many as the Hill plan but will leave the bowl area flat for many other uses. The Hill plan, on the other hand, calls for terracing which will hinder the adaptability of the bowl. Both plans basically agree on the tree removal needed to open up the park and the filling of most, if not all, of the Lilly pond. I also propose a safety fence above the wall leading down the hill. In summary why spend a total of nine million when $500,000.00 will accomplish the same or better results? Let's say I underestimated the cost of my proposal by 50% (which I haven't), it would cost $750,000.00. Make it a 1000,/0 and it would still only cost $1,000,000.00 compared to the Hill plan costing $9,000,000.00 or more when finally finished years from now. I don't ask that you approve my plan. I do however, ask that you make the public aware of it and let them decide which plan they like best. As I told you in May, I live in the county, so it's not my tax dollars that you are spending. I will still visit the park when I want to regardless of what is done. I just don't like government waste, and to proceed with the Hill plan would be waste on a grand scale. ~;' u Q Overstr et Common Sense Solutions 540-797-1884 ,'y L~~ . ,j' .. 11-29-11 An analysis of how to best update Elmwood Park without spending millions to do so. Elmwood Park has served Roanoke well for many years and can continue to do so even if nothing is done. I feel, however, it needs to be "upgraded" to meet the present demands placed on it. It needs to be more accessible, adaptable, safer, user friendly and designed so as to help . attract more people for not only events, but for daily use as well. At the least, it should have permanent bathrooms, be safer at night, and a new stage and seating arrangement. The park, as I see it, consists of three parts: the "hill", the "bowl", and "the concourse" With the possible additions of picnic tables (instead of park benches) and more lights I would do nothing to "the hill". I recommend the removal of the present (stage?) in the "concourse" and the concrete around it, thus creating a continuous sidewalk like what is there. The main changes I recommend to the "bowl" are a new stage, addition of bathrooms, storage, and practice room (the practice room could be eliminated if a Library room could be used), and reshaping of the "bowl" area. Having said this, I will now elaborate on the "bowl".. I would first remove all small trees in the bowl, leaving only those big trees along Williamson Road and possibly those around the parking lot. I would then reshape the "bowl" by moving back the mounds that are presently in place. I would also change the sidewalk coming down the hill so that it would go behind the present big tree, (possibly removing the tree) there so as to create more space for people to view the stage. The entire "floor" of the park would be grassed over and the "lily" pond filled and grassed as well, back to where the present equipment shack is located. The bathrooms, etc. could be located in the area where the "shack" is now. I envision this building to be about 45X15 if a dressing room is included or about 30X15 ifnot. It would have 4 Men and 4 Women stalls (two of which would be HPC, 4 basins, electric hand dryers, and baby changing stations. It would also contain a storage! maint space and a dressing/practice room (provided the Library wasn't an option). Finally, at aprox. the center of the sidewalk coming down the hill, I would construct a concrete raised stage (over floor of bowl) 25 feet deep and 50 feet wide with two RCP ramps leading to it. It would have sides of concrete or "retaining block", and a floor of concrete. It would have 2 strong triangle type poles in front and back (to support lights,etc) and be designed so that the front and sides could have "rails" in place if desired. It would have two RCP accessible ramps leading from the ground to the floor. I would then plant hedges around it on the front and sides to act as a safety net should someone fall from the stage. If desired, now or in the future, stadium seats could be constructed beside the parking lot thus increasing seating capacity of the "bowl" and also creating a smaller stage area (in front of the stands). I don't recommend the seats at this time. I have absolutely no doubt that my proposal can be built for $ 500,000.00 or less and when completed will be something all the citizens of Roanoke will appreciate. They will also appreciate the millions saved by doing it this way. I > ~. 11-29-11 WHAT MY PLAN OFFERS 1. A safer, more accessible, user friendly, adaptable, and environmentally sound park. 2. A better cost to benefit ratio for dollars spent ($500,000.00 vs. millions). 3. It retains the basic "footprint" of the park which most people like. 4. It will be easy to build, in a short time (no major engineering needed) and no exotic materials needed 5. It will be easy to maintain, even with year round bathrooms. 6. It will be easy to change in the future if so desired. Stadium seats could be added for ex. 7. It will allow millions to be either spent on other needs or not spent at all. 8. It will provide the same "downtown" drawing power as the much more expensive plan. 9. It is what I truly feel that most people want, especially in this "tight budget" time. 10. It really isn't important what I think or council thinks, the people should have both proposals presented to them and then council should do what the people want. , /" " . . t. .. -~ ElM/} v -c. vJ .:r I' 1+ LJ I :D R! i fi\1 i 5! 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Price, Chair City Council Personnel Committee ANJ :ctw ~. ROANOKE RETIREMENT ADMINISTRATION Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 465 Roanoke, Virginia 24011 540.853.2062 fax: 540.853.6142 january 17, 2012 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anitaj. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Attached for your review is a summary of the Roanoke Pension Plan Board of Trustees' activities for the time periodjuly 1,2010 throughjune 30, 2011. The written minutes of each Board of Trustees meeting are located in the City of Roanoke Retirement Office. On behalf of the appointed members of the Board of Trustees, we would like to thank City Council for the opportunity to be of service to our City. Sincerely, ~J C ;7'4 David C. Key if Chairman Attachment c: Stephanie M. Moon, City Clerk Board of Trustees, City of Roanoke Pension Plan Annual Report City of Roanoke Pension Plan Board of Trustees Fiscal Year Ended June 30, 2011 There were four meetings scheduled during the year ended June 30, 2011. July 21, ~010 Meeting , Members present: Mayor David Bowers Carolyn Glover James Grisso Alan Hullette David Key Chris Morrill Ann Shawver Members absent: Jeff Rakes The Board approved: . 1 retirement from Employees' Retirement System (ERS); and . 13 retirements from Employees' Supplemental Retirement System (ESRS). The Board approved: . 1 non-occupational disability. The Board recognized the deaths of 3 retirees and updated the payees to their spousal beneficiaries. Becker, Burke Associates, Incorporated's May 31, 2010 monthly and March 31, 2010 quarterly investment updates were presented by Mr. Key. It was reported that the Pension Investment Committee was evaluating their relationship with State Street due to their restrictive trade policies. A recommendation may be brought to the Board regarding the relationship with State Street at a future meeting. During this meeting, a Chair and Vice Chair for the Board of Trustees were elected. David Key was nominated and approved to continue serving as Chair and Carolyn Glover was nominated and approved to fill the Vice-Chair position. The Board also selected members of the Pension Investment Committee; David Key, ( Jeff Rakes, and James Grisso were nominated and approved. Ann Shawver and Andrea Trent will remain as members of this committee for a total of five members. Annual Report - City of Roanoke Pension Plan Page 2 The Board was informed of the establishment of a Core Team for a Retirement Financial Planning Study. The team began meeting on a regular basis through the course of the fiscal year. This team will review all retirement benefits to include the City of Roanoke Pension Plan, City of Roanoke 457 Deferred Compensation Plan, and retiree medical plans. An update was given on the Retirement Incentive Program. Out of the 177 employees who were eligible to take advantage of this program, only 20 employees actually executed agreements to participate in the program. It was reported that 18 employees whose jobs had been eliminated were placed in new positions and that no layoffs occurred. October 13,2010 Meeting Members present: Mac Babb Mayor David Bowers Carolyn Glover James Grisso Alan Hullette David Key Chris Morrill Jeff Rakes Ann Shawver The Board approved: . 1 retirement from ERS; and . 27 retirements from ESRS. The Board recognized the deaths of 6 retirees and updated the payees to their spousal beneficiaries. Mr. Key gave an overview of Becker, Burke Associates, Incorporated's investment update as of August 31, 2010. The Pension Investment Committee has reviewed the J.P. Morgan Infrastructure Investments Fund and is moving forward with finalization of an agreement. Annual Report - City of Roanoke Pension Plan . Page 3 A presentation was given of the June 30, 2010 Actuarial Valuation by our actuaries, Milliman Consultants. John Muehl and Mona Jani, Consulting Actuaries, presented the June 30, 2010 results as well as a comparison to June 30, 2009 results. Also presented was the Pension Forecast for 2011 through 2020. An update was given by Ms. Trent regarding the Retirement Benefits Financial Planning team. She indicated that the team is looking at impact, sustainability, and future cost. January 12, 2011 Meeting Members present: Mayor David Bowers Carolyn Glover, James Grisso Alan Hullette David Key Jeff Rakes Ann Shawver Members absent: Mac Babb Chris Morrill The Board approved: . 1 retirement from ERS; and . 10 retirements from ESRS The Board recognized the deaths of 3 retirees and updated the payees to their spousal beneficiaries. Becker, Burke Associates, Incorporated's quarterly investment update as of November 30, 2010, was presented by Mr. Key. It was noted that the Pension Investment Committee conducted interviews of candidates to manage a 2% allocation to International Emerging Market Equity. Three managers were interviewed~ The Committee recommended and the Pension Board approved the hiring of Vontobel Asset Management for investment in the Vontobel Global Emerging Markets Fund. The FY2010 Comprehensive Annual Financial Report for the Pension Plan was presented to the Board of Trustees. An unqualified opinion for the report has been received from KPMG. Annual Report - City of Roanoke Pension Plan Page 4 April 13, 2011 Meeting Members present: Mac Babb Carolyn Glover James Grisso Alan Hullette David Key Chris Morrill Ann Shawver Members absent: Mayor David Bowers The Board approved: . 12 retirements from ESRS; and . 1 non-occupational disability. The Board recognized the deaths of 5 retirees and updated the payees to their spousal beneficiaries. Becker, Burke Associates, Incorporated's monthly and quarterly investment updates as of February 28, 2011 and December 31, 2010, respectively, were presented by Mr. Key. The Vontobel Asset Management contract has been finalized, and funding of the international emerging markets allocation will be forthcoming. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council January 17, 2012 Sabrina's Place Report - Total Action Against Poverty I would like to sponsor a request from Annette Lewis, Senior Vice President of Programs & Director of TAP - This Valley Works, Virginia CARES and Sabrina's Place, to present to City Council a report on Sabrina's Place. _~I12d/JJJ~__ Christo-pher P. Morrill City Manager Distribution: Council Appointed Officers i . " SABRINA'S PLACE ._ .. "'.....,:~:;:,\,.:.~/4~;! . - - -" .~. \....,~"-....;..-.q~;<,,~ '_, i.,,_. ! .' . ,-...', .'" '; ~"~ ", . '~'-~ -,.j~~'::-~~ WHAT IS SUPERVISED VISITATION AND SAFE EXCHANGE? Domestic violence and child abuse are two of the most horrific social ills in the United States today. Convincing a victim to leave his or her abuser is often difficult, and unfortunately, even separation from the batterer doesn't guarantee freedom from violence, especially if there are children involved. The U.S. Department of Justice reports that domestic violence and abuse Can escalate among parents who have separated because they remain in contact for child visitation and exchange purposes. Sometimes the batterer may become even more violeiit~ because he or she is struggling to maintain control despite the separation. Studies have shown that lethal violence actually occurs more frequently during and after separation than when the victim and batterer are still together. 1 -~"i;oli(, '" .__~~iIJO: Jl:lEiJl:.J:"'<r.....,,~ '..~~.. .- Studies have shown that lethal violence actually occurs MORE FREQUENTLY during and after separation than when the victim and abuser are still together. .- _T. An effective solution to this serious problem is supervised visitation and safe exchange. These services are typically court-ordered services provided to families who have experienced domestic violence and/or child abuse. Interactions between non- custodial parents and custodial parents/children are monitored by a third party, preventing further violence but also allowing non-custodial parents and children to spend safe time together. Some of these families are considered high-risk, meaning , 1 Guiding Principles: Safe Havens: Supervised Visitation and Safe Exchange Programs. U.S. Department of Justice. http://www.ovw.usdoj.gov/docs/guiding-principleso32608.pdf that they have experienced unusually high levels of violence and require extra security precautions to serve. The U.S. Department of Justice has long recognized supervised visitation and safe exchange as crucial services for families with histories of violence and encourages communities to provide these services through visitation and exchange programs such as Sabrina's Place. FACTS ON DOMESTIC VIOLENCE AND CHILD ABUSE Abuse is more common than you think. · One in four women will experience domestic violence in her lifetime. · Almost one-third of female homicide victims are killed by an intimate partner. · 30% to 60% of perpetrators of intimate partner violence also abuse children in the household. · In 2011 in the City of Roanoke, there were: o 78 reports of domestic aggravated assault (serious injury or weapon used); o 1,392 reports of domestic simple assault (no weapon used, minor injury); o 714 reports of nonviolent family offenses (no assault but can include violation of protective orders ) · Of the nine murders in the City of Roanoke in 2010, four of the victims were the spouse, ex-spouse or significant other of the offender. Abuse affects children for their entire lives. · Witnessing violence between parents or caretakers is the strongest risk factor of transmitting violent behavior from one generation to the next. · Boys who witness domestic violence are twice as likely to abuse their own partners or children when they become adults. · 14% of all men and 36% of all women in prison in the- USA were abused as children. . · Children who experience child abuse & neglect are 59% more likely to be arrested as a juvenile, 28% more likely to be arrested as an adult, and 30% more likely to commit violent crime. · As many as two-thirds of the people in treatment for drug abuse reported being abused or neglected as children. · Abused children are 25% more likely to experience teen pregnancy. The cost to the economy is high. · Intimate partner violence results in more than 18.5 million mental health care visits each year. · The cost of intimate partner violence exceeds $5.8 billion each year, $4.1 billion of which is for dir~ct mepical a,nd mental health services. For child abuse and neglect, the costs exceed $104 billion. e Victims of intimate partner violence lost almost 8 million days of paid work because of the violence perpetrated against them by current or former partners. This loss is the equivalent of more than 32,000 full-time jobs and almost 5.6 million days of household productivity as a result of violence. · There are 16,800 homicides and 2.2 million (medically treated) injuries due to intimate partner violence annually, which costs $37 billion. (Statisticsfrom the National Coalition Against Domestic Violence (www.ncadv.org) and ChildHelp (www.childhelp.org.) SABRINA'S PLACE: HISTORY AND MISSION In response to an increase in the number of domestic violence homicides in 2005, the City of Roanoke created a domestic violence task force. The Domestic Violence Task Force recognized that there was not a place in the City of Roanoke for high-risk families to engage in supervised visitation and safe exchange. The City of Roanoke partnered with Total Action Against Poverty (TAP) to acknowledge and address this need. The City of Roanoke and TAP formed the TAP Supervised Visitation and Safe Exchange Program (TSVSEP), which is funded by the U.S. Department of Justice's Office on Violence Against Women (OVW). This grant program provides the opportunity for participation in safe, victim-sensitive child exchanges and supervised parental visits to families who are struggling to cope with domestic violence, dating violence, child abuse, sexual assault and/or stalkjng. TSVSEP (later renamed Sabrina's Place) officially opened in November 2007 at 339 Luck Avenue. Now located at 335 Day Avenue, Sabrina's Place is the only comprehensive high-risk supervised visitation and safe exchange program in the state of Virginia. It has received funding from OVW for three consecutive years due to its quality of services that promote the opportunity for both adult and child victims of domestic violence to have safe and secure supervised visitations and exchanges. "I will never forget the opening of Sabrina's Place, a domestic violence refuge in downtown Roanoke named for fatal victim Sabrina Reed. During the ceremony, as the veil was pulled from a beautiful, smiling portrait of Reed, her young daughter buried her head in a family member's side and began weeping. It was all I could do to maintain my role as detached observer." - The Roanoke Times journalist Shanna Flowers WHY "SABRINA'S PLACE"? On February 29, 2008, the visitation center was renamed Sabrina's Place in memory and honor of Sabrina Reed, who was brutally shot and killed by her husband, Robert Reed, during the exchange of their daughter in September 2005. Like many other domestic violence victims in the United States, Sabrina Reed had attempted unsupervised visits and exchanges of their daughter with Robert Reed. Unsupervised visits and ex~hanges provides a batterer with access to the victims and presents an opportunity for inflicting further violence, power and control. Sabrina's situation, among other victims who struggle to leave abusive relationships, requires services that provide protection from the abuser. The children also need protection from the trauma of witnessing and/or experiencing abuse. WHO DOES SABRINA'S PLACE SERVE? Many of the families served at Sabrina's Place have experienced domestic assault and battery, rape, incest, child sexual and physical abuse, malicious wounding, severe >', substance abuse, and/or pet abuse. Some individuals who are served have been diagnosed with severe mental health problems such as paranoid schizophrenia, multiple personality disorder, borderline personality disorder, oppositional defiant disorder, attention deficit hyperactive disorder, Miinchausen syndrome, etc. A number of known gang members have been court-ordered to participate in visitations at Sabrina's Place. Sabrina's Place is also accessible to diverse populations and utilizes interpretation services as needed. HO~FREQUENTLYARESERVICES PROVIDED? Sabrina Reed Most families engage in visitation and exchange for one hour on a weekly basis. In a natural home environment, one hour may seem short, but at Sabrina's Place, parents and children are spending a focused hour with each other. For young children, even an hour can be a developmental stretch. Additionally, children may have witnessed violence or frightening situations and they may be afraid or uncomfortable during visits. The majority of families served at Sabrina's Place are court-ordered. The length of time a family utilizes services ranges from one month to four years or more. It should be noted that sex-offenders, who are also served by Sabrina's Place, may be required to have supervised visitation for an indefinite period of time. SECURITY AND SAFETY Sabrina's Place is seen as a model supervised visitation and safe exchange program due to its reliable and innovative security measures. Due to the professionalism and expertise of the staff and on-site security measures, Sabrina's Place has successfully prevented further violence between victims and abusers during visitations and exchanges. Policies and procedures maximize victim safety and batterer accountability. Trained monitors remain in the visitation room during visits and local law enforcement officers provide security for all participating families and staff. From 2007 to 2011, Sabrina's Place has served over 150 individuals and has provided 1,609 supervised visitations and 79 safe exchanges. Staff are not only knowledgeable about physical security measures, but are also trained on the battering tactics used by abusers during visitation and exchange situations. For example, abusers may engage in manipulative tactics that they know will intimidate the custodial parents and children. These tactics may include projecting and placing the blame on others; attempting to charm and then manipulate staff; frequently changing the visitation schedule-to cause anxiety to parents and children; passing messages to adults through the children; and bringing in toys to children that remind them of previous abuse. Sabrina's Place staff is trained to recognize and protect families against this continued abuse. ACCOMPLISHMENTS AND RECOGNITION Community Support: · Sabrina's Place has received support from the community since opening in 2007. Local groups and organizations who have contributed include: Order of Eastern Stars, lIT, local Lion's Clubs, local motorcycle clubs, Virginia Western Community College, local sorority and college groups, Girl Scouts, Allstate, and local church groups. · Several fundraising events have taken place for Sabrina's Place, including: Salem After 5, Abuelo's Charity Night, Cocktails for a Cause, and the Belk Charity Sale. · Since opening its doors in 2007, Sabrina's Place has received media attention through television interviews, news broadcasts, newspaper articles and magazine articles. · In January 2009, Shanna Flowers, a well known journalist for The Roanoke Times, wrote an article acknowledging her most memorable interviews of the year. Ms. Flowers listed Sabrina's Place's open house (Feb. 2008) in her article. She stated, ''''I will never forget the opening of Sabrina's Place, a domestic violence refuge in downtown Roanoke named for fatal victim Sabrina Reed. During the ceremony, as the veil was pulled from a beautiful, smiling portrait of Reed, her young daughter buried her head in a family member's side and began weeping. It was all I could do to maintain my role as detached observer." Media Recognition: "I have only heard positive feedback about Sabrina's Place from the victims that I have seen during follow-up with their criminal cases. It fills a gap in services not available prior to its inception." - Anonymous survey respondent Professional Praise: · In June 2010, the Program Coordinator for Sabrina's Place was invited to participate in a national project with the Office on Violence Against Women (OVW) which focused on exploring the safety and security issues that arise for staff and families that work in/use visitation centers. · An OVW consultant provided training to Sabrina's Place staff in March 2011. The consultant spoke highly about the skill level of Sabrina's Place staff and commented that their knowledge was more advanced than many of the other programs with which she has worked. · Program Coordinator for Sabrina's Place has attended numerous trainings throughout the United Sates. Due to networking, Sabrina's Place is well known through the OVW visitation circuit for its policies surrounding scheduling, safety and overall supervision. · Program material developed by Sabrina's Place has been requested by other OVW grantees to assist in their program implementations. FEEDBACK "". . Bikers preparing for Sabrina's Place's Ride Against Domestic Violence Poker Run, a 2011 domestic violence awareness event. Client Feedback: Sabrina's Place staff conducts exit interviews when clients transition out of services. Respondents reported that Sabrina's Place lessoned the impact of violence on their families. Based on responses, 100% of clients reported feeling secure during visitation at Sabrina's Place and 80% of custodial parents surveyed reported that having officers at Sabrina's Place made them more comfortable during the visitations. Professional Feedback: Sabrina's Place staff conducts allied professional surveys annually. One of the questions asked is, "Are supervised visitation and exchange services provided by Sabrina's Place helpful to victims of domestic violence, dating violence, child abuse, sexual assault and/or stalking?" Of the professionals surveyed, the responses to this question were overwhelmingly positive, with every respondent answering with a variant of "yes". Further comments included: "Yes, this is the only place with the capacity and expertise to monitor visitation in the hardest cases, and they do an excellent job of it;" "I have heard from parents and professionals that they are happy that Sabrina's Place is available to families who have experienced abuse. They have stated that without those services in the community, DSS might be overextended, more than they already are, with supervising visits with children;" and "I have only heard positive feedback about Sabrina's Place from the victims that I have seen during follow-up with their criminal cases. It fills a gap in services not available prior to its inception." NUMBER OF FAMILIES SERVED 200 150 100 50 . Families 0 Served r-- 00 00 en en 0 0 rl 0 0 0 0 0 rl rl rl 0 0 0 0 0 0 0 0 N N N N N N N N U <lI u <lI u <lI u <lI <lI C <lI C <lI C <lI C Cl :J Cl :J Cl :J Cl :J ::. ..... i- ..... i- ..... i- ..... c. , , c. 0 c c ro :J ro :J ro :J ro Z ..... ..... ..... ..... ..... ..... -. Individuals Served by Locality Jan-June 2011 . Roanoke City . Roanoke County o Salem . Other counties Sabrina's Place has served an increased number of families, individuals and jurisdictions since its inception. From November-December 2007, it served 6 families and 26 individuals from 3 jurisdictions (Roanoke City, Roanoke County and Salem). In the six month period of January-June 2011, 38 families and 137 individuals from 8 jurisdictions (the counties of Bedford, Botetourt, Montgomery, and Wythe and the City ofWaynesboro) have been served. There is a strong need for Sabrina's Place in the community and the number of individuals requiring its services continues to rise. FUNDING DECREASES Sabrina's Place is injeopardy. It has been solely funded by a grant to the City of Roanoke from the u.S. Department of Justice's Office on Violence Against Women to provide supervised visitation and safe exchange services primarily for the 23rd Judicial District Court region. Three allocations have been made to the City of Roanoke as fiscal agent for the TAP Sabrina's Place program. . Outlined below are the allocation years, amounts and expenses. AJlocation 1 - 2 year ant 2 - 2 year ant 3 - 3 year ant *$10,088.29 was not spent due to a restriction on use by OVW. OVW requires that training money.can only be spent on approved training dollars. :Begimiing y ~a.r . Aug. 2006 Ending year. July 2008 ',fotal Amount E~~nse . $350,000 $350,000 Aug. 2008 Sept. 2010 $300,000 $289,911.71 * Oct. 2010 Sept. 2013 $350,000 $83,879.62ytd As indicated above, though Sabrina's Place received a third cycle of funding, it is the same amount of funding for the first cycle; however, it is to cover three years rather than two years. This results in a decrease in funding, though Sabrina's Place is continually serving more and more families every year, meaning that the need for funds is more crucial. Please see the chart below, which illustrates the annual decrease in Sabrina's Place's budget. Sabrina's Place.. Annual Budget $200,000 $180,000 . $160,000 $140,000 $12.0,000 $100,000 $80,000. $60,000 $40,000 $2.0,000 $0 f:)'\ o "'~ 00 ~ f:)'b o ((~ 00 ~ :-.-0 rz,0 PI 00 ~ :-.-" rz,0 <:f o~ ~ :-.-1.}, n,0 ~ 0" q; o "tl:> ,~ ~q; I.},O RESPONSES TO DECREASE IN FUNDING The following changes have taken place to decrease expenses: there has been a reduction in the number of monitors from seven to five; the full time program coordinator now works on weekends to cover office monitor duties once a.ssigned to other monitors; center hours of operation have been reduced from 31 hours per week to 20. These changes have also resulted in a decreased number of families that can be served. Sabrina's Place used to serve as many as 35 families monthly; however, now can only maintain services for 20 families. Though changes have taken place to reduce expenses, it is still anticipated that Sabrina's Place will be over budget by $50,137.99. The TAP Resources and Planning Department is working to secure funding to cover these expenses and the City of Roanoke has allocated $7,000 for the 2011-2012 fiscal year. TAP has allocated $5,782 from previous fundraising activity (please note that OVW no longer allows fundraising activities by OVW -funded staff). The lack of adequate funding to provide valuable supervised visitation and safe exchange services will be detrimental to the community. Victims of domestic violence and their children will not have access toa safe environment for visits and exchanges. Due to the need for this vital service, a Sabrina's Place Task Force has been formed to develop long-term plans for Sabrina's Place. Representatives include units of local government, domestic violence agencies, local departments of social services, law enforcement, court personnel (a local judge) and officials at TAP. WHAT WOULD HAPPEN IF SABRINA'S PLACE WASN'T HERE? If Sabrina's Place is forced to close its doors, hundreds of families will be denied supervised visitation and safe exchange services. Some of these families may cease visitation and exchange all together, resulting in some non-custodial parents being completely unable to see their children. Yet many families will continue to engage in visitation and exchange in the l. absence of a third party, placing the victim at risk of continued violence and further traumatization of the children. Remember - more lethal incidents of domestic violence take place during and after separation than when the couple is together. And children who are exposed to domestic violence often never recover: witnessing domestic violence as a child is the strongest risk factor in becoming a violent adult, and child abuse is linked to future criminal behavior, drug abuse and teen pregnancy. -'/',-. . Though changes have taken place to reduce expenses, it is still anticipated that Sabrina's Place will be over- budget by $50,137.99 by 2013. '-:.::\':~; ')'-',;./-'::,;('.. ">'*f~+; ::'; "f_:!,' ;, Domestic violence is an intentional pattern of abusive behaviors that impacts everyone, regardless of financial status, religion, race, sexual orientation or age. Domestic violence disrupts households, causing untold harm to families. Supporting Sabrina's Place isn't only a way to prevent violence among families, but is a way of ensuring the safety and stability of the community as a whole. Y\ n ndte, Ltw j.{ CCYYJ/Y/eJ16 I'm here to give an update on a supervised visitation and safe exchange program operated by TAP in partnership with the City of Roanoke, the program is Sabrina's Place. The purpose of Sabrina's Place is to provide a safe and secure environment for victims of domestic violence, sexual assault, dating violence, stalking and child abuse to bring their children for visits or exchanges with their batterer. Sabrina's Place was organized after the City of Roanoke convened a Domestic Violence Task Force, headed by Councilman Sherman Lea. The task force was organized after several domestic violence homicides in the region. One of which being the murder of Sabrina Reed in 2005. She was killed when her husband, who she was separated from, came to drop off their daughter. Her husband not only fatally shot Sabrina Reed, but also Sabrina's step father who subsequently died. It was the hope of the Domestic Violence Task Force that systems and programs would be in place to protect victims from such horrific crimes. Sabrina's Place is named after Sabrina Reed. It is the only comprehensive high risk supervised visitation and safe exchange program in the state. Let me share some facts with you, which are also found in the report you received about Sabrina's Place. FACTS ON DOMESTIC VIOLENCE AND CHILD ABUSE Abuse is more common than you think. It crosses all sQcial, economic and racial boundaries. · One in four women will experience domestic violence in her lifetime. '-l"'?//fPI,'f ~ I WflYJli~LJ ~,~J'f · Almost one-third of female homicide victims are killed by an intimate partner. · 30% to 60% of perpetrators of intimate partner violence also abuse children in the household. · In 2011 in the City of Roanoke, there were: o 78 reports of domestic aggravated assault (serious injury or weapon used); o 1,392 reports of domestic simple assault (no weapon used, minor injury); o 714 reports of nonviolent family offenses (no assault but can include violation of protective orders) · Of the nine murders in the City of Roanoke in 2010, four of the victims were the spouse, ex-spouse or significant other of the offender. Abuse affects childrenfor their entire lives. · Witnessing violence between parents or caretakers is the strongest risk factor of transmitting violent behavior from one generation to the next. · Boys who witness domestic violence are twice as likely to abuse their own partners or children when they become adults. · 14% of all men and 36% of all women in prison in the USA were abused as children. · Children who experience child abuse & neglect are 59% more likely to be arrested as a juvenile, 28% more likely to be arrested as an adult, and 30% more likely to commit violent crime. · As many as two-thirds of the people in treatment for drug abuse reported being abused or neglected as children. · Abused children are 25% more likely to experience teen pregnancy. The cost to the economy is high. (Sta tis tics from the National Coalition Against Domestic Violence (www.ncadv.org) and ChildHelp (www.childhelp.org.) · Intimate partner violence results in more than 18.5 million mental health care visits each year. · The cost of intimate partner violence exceeds $5.8 billion each year, $4.1 billion of which is for direct medical and mental health services. For child abuse and neglect, the costs exceed $104 billion. · Victims of intimate partner violence lost almost 8 million days of paid work because of the violence perpetrated against them by current or former partners. This loss is the equivalent of more than 32,000 full-time jobs and Sabrina's Place has been very successful; however, it is in jeopardy. It is funded by a grant to the City of Roanoke from the US Dept. of Justice - Office of Violence Against Women. In 2006, it received $350,000 for a two-year period. In 2008, it received $300,000 for a 2-year Pr~i?d. In 2010, it received $350,000 for a 3 year period. As you can see, funds are%Creasing with each continuation grant. OVW decreases funds and expects jurisdictions to provide resources to support the program. TAP has done several things to decrease expenses. - Decreased operational hours; decreased staff which has resulted in a decrease in numbers of families that can be served - from an average of 32 a month to 20 a month. Even after these changes, we anticipate a $50,000 shortfall. TAP will continue to pursue grant opportunities to ensure that the program operates until Sept. 2013. We are working with interns to form a separate 501C3; Friends of Sabrina's to assist in fundraising for Sabrina's Place since staff is unable to conduct fund raisers. One of our legislators is researching several avenues to see if the state can provide financial support. An application for funding is expected to be released in early 2013 for the next continuation grant. TAP is ineligible to apply for these funds. Only jurisdictions can apply. TAP will not be ablYt to cpntinue the program without adequate resources. Therefore, a task force was (l~f?"\Y!l11:o discuss the Wturtp! Sabrina's Place and help to prepare for its continuation. We're pleased that Chfi~Morrill s~rves.onJl~~~s~f9rce, al.?IDith Brian Townsend, Jane Conlin and ChiefPerkinsi~J~f~rke also s:~1S1>r{the task force. The task force recommended that a presentation be made to you about the status of Sabrina's Place. Councilman Lea has agreed to join the task force. We will be making presentations to the County and City of Salem. We need the support of each of our jurisdictions if Sabrina's Place is to remain a service provided by this community. ~..71 \)\td ~~ - ( ~'L L{W f J.n.~.~ ~. ~eJ atle.vnoon (QU,uXJ.. o Sabrina's Place is a program that is specifically designed to serve families who have experienced domestic violence, sexual assault, child abuse, dating violence and stalking. o Families who use Sabrina's Place also experience substance abuse, animal abuse and violations of both family abuse and child protective orders. o Individuals served may also be diagnosed with mental health .conditions. Some examples are: bipolar disorder, borderline personality disorder, paranoid schizophrenia, oppositional defiant disorder and Munchausen syndrome. o Known gang members in our area have also used and currently use Sabrina's Place to visit their children. o The majority of families served are court ordered , but referrals also come from attorneys, social workers, counselors, and probation officers. Some families are self referred. o Sabrina's Place provides one hour, weekly visits for families. The length of time that a family uses our program can range from one month to an indefinite period of time. o Sabrina's Place is a unique program due to our safety and security measures and policies and procedures that maximize victims safety and batterer accountability. o We employ trained visitation monitors that remain in the visitation rooms at all times. o We also employ Roanoke City police officers that provide security. A police officer is always present during operational hours. o Staff have access to panic buttons in case of emergency and we also have surveillance cameras In use. o We have staggered arrival and departure times for families and have individualized safety plans in place when needed. Now, I would like to take a few minutes to share some of our accomplishments. o Sabrina's Place has become well known not only in our community but across the United States. o Sabrina's Place has received media attention thought newspaper and magazine articles, radio interviews and news broadcasts. o Sabrina's Place continues to receive support from private citizens as well as local groups, organizations, businesses and civic clubs. o On the national level, Sabrina's Place is well known to other Office of Violence Against Women grantees. Since 2008, Sabrina's Place has been sharing program material with other programs across the United States. We have also recently collaborated with a director of a program in Guam to help with their policy and procedure manual. o In June 2010, I was asked to represent Sabrina's Place by participating in a focus group for the .Office of Violence Against Women. I was asked to share our safety and security measures with professionals. As an outcome of this focus group, a resource book for new grantees will be published that will provide guidelines for security measures at visitation centers. o Last but not least, our greatest accomplishment is that we have the ability to keep victims and their children safe. It is my pleasure to introduce someone who has been with Sabrina's Place for four years, Ms. Meirav Bryant. Ms. Bryant is coming forward to share her experience with Sabrina's Place. l~. _~ 1a. ~ .4.b~J'er-. .' &rdt~ i Elmwood Park MasterPlan Roanoke City Council January 17, 2012 . to ..... _~..." ';,'\.... ! - \'S!\~='.~ "..:.~r"\,~~\ :..... \;.~~,,)..j . r~. \ -. . \. . \ . -\, ~ . 1,.. '\ ~ '. "\ \,-;, "'~' ....., ~... ~. '- '-' \,. . ..;> n,,,,":';' ...- -' , I. A Very ~ublic Process 7 Stakeholder Groups 2-Day Design Workshop Webpage + Survey Monkey Councilman Briefings Stakeholder Review Open House - January 12, 2012 ................................................................................ -l...~-- -Co-u..D-cil Me-eting -To_day ! , , , i . , , i I I I A Very 'f alley Team Hill Studio Spectrum Design Stagesound Mattern &.Craig Engineering Consulting Services Save Utilities Inc. 1717 n~~i()"n _C:. -' . , (.~ . .. "There are a lot of memories associated with Elmwood. Carefully change the Park." , "Make this a park WITH a Performance Venue,. not a park AS a performance venue" "Make this Library part of the Park" "Roanoke has 70 Parks. Roanoke has ONE Festival Park: Elmwood Festival Park" "Better ventilate this space" -_~J . ! Carefully Change the Park What to keep: Carefull)f Change the Park What to keep: I'"AIl'1""ftr-' ,- \.,;r,.Ji~,"I~,i"'i'~{{:' ""f The Perry Magnolia Carefully Change the Park What to keep: The Flagpole L_ Carefullx Change the Park What to keep: The Saucer Magnolia Allee Carefully Change the Park What to keep: The Birch Grove L , Carefull~ Change the Park What to keep: Library Plaza Carefully Change the Park What to keep: .. 0" I .. I Carefullx Change the Park What to keep: Various Memorials 13 " 1.. l.. l....-r- ,A'I1; 4ATt=WA"(~ I p' Ii J 4 H 5Io&-w,.q_k. e"1 ...:j. vv ^ '>(.; l' #'''1 j..j.. I Roanokeis Festival Park I Roanokeis Festival Park '<~~~ '~ ~> . . . . Master Plan I I Recommfnded Improvements ~.v ""',{.~ ; ~l-~) .L.~..{..:-J1Y" ~ <I' ~ .'<); · ~t ~r~."."':<:1J7.... r&~',. i. ~~i.llif'l.l'ty .....- .;-;:i ''1' "{::_':. ;C'-.1!c~;~ .-:',--,.: ,. 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I , , Future Additions - Sponsorship , Stage Naming FF+E Package The Arbors Treehouse Balconies Library Balconies Picnic Lawn Suntrust Plaza . Climbing Wall '" .) tl )I Design and Construction Schedule , , Spring 2012 Summer 2012 Design Documents Construction: Arts Walk and North Winter 2012 - Spring 2013 Construction: Elm Avenue Lawn and Performance Venue CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov .. JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk January 20,2012 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentleman: I am enclosing copy of Ordinance No. 39293-011712 amending and reordaining Section 30-111, Time Limitations, of Article VI, Erection and Maintenance of Flaas, Pole- Mounted Banners. Banners, and Holidav Decorations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, to allow flags and pole-mounted banners to be displayed for a continuous period of 365 days within the Central Business District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 17, 2012, and is in full force and effect upon its passage. C la. Webb Assistant Deputy City Clerk Enclosure pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, ClerK Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Law Librarian Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations Philip Schirmer, City Engineer $:~~ ,,~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of January, 2012. No. 39293-011712. AN ORDINAN€E amending and reordaining Section 30-111, Time Limitations, of Article VI, Erection and Maintenance of Flags, Pole-Mounted Banners, Banners, and Holiday Decorations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 30-111, Time Limitations, of Article VI, Erection and Maintenance of Flags, Pole-Mounted Banners; Banners. and Holiday Decorations, of Chapter 30, Streets and Sidewalks, of the Code of the City of. Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 30-111. Time Limitations. *** (d) Within the portion of the Central Business District located east of Second Street, S. W. but not including Second Street. S. W, and within all districts outside the Central Business District and zoned R-12, R-7, R-5, R-3, RM- 1, RM-2 and RMF, flags and pole-mounted banners may be displayed for a maximum time period of sixty (60) days, except when in conflict with dates permanently reserved and identified herein for the display of American flags, or for such a shorter period as may be set forth in the permit issued by the city manager. Such flags and pole-mounted banners shall be removed for a minimum of ninety (90) consecutive days prior to reapplication for a permit to erect the flag again. ( e) Outside the Central Business District Within the portion of the Central Business District located on either side of Second Street. S. W. and west of Second Street. S. W. and within districts outside of the Central Business District that are not zoned R.12, R-,7, R-5, R-3, RM-1, RM-2 and RMF, flags and pole-mounted banners may be displayed for a continuous period of up to three hundred sixty-five (365) days, or for such a shorter period as may be established by the permit issued by the city manager. Such flags K:\Talevi\measures\code amendments\O-Amending 30-] II-pole mounted banners - second st.doc 1 and pole-mounted banners need not be removed prior to the filing of a timely application for a permit to allow either of them to remain erected. * * * 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 'i K:\Talevi\measures\code amendments\O-Amending 3D-Ill-pole mounted banners - second stdoc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council January 17, 2012 Allow Flags and Pole-Mounted Banners to be Displayed for a Continuous Period of 365 Days Within the CBD Background: City Council adopted an ordinance in 1991 that codified various requirements and procedures for the installation of flags, banners and holiday decorations . within public rights-of-way. Permitting the installation of such items by various organizations and property owners has contributed to the vibrancy of our urban environment. In 2008, City Council amended the City Code to permit installation of flags and pole-mounted banners in certain zoning districts outside of the Central Business District (CBD) for a continuous period of up to 365 days. As a result, pole-mounted banners have been successfully displayed by the Williamson Road Area Business Association along Williamson Road and by the Grandin Village Business Association along Grandin Road. Pole-mounted banners in the CBD are presently limited to a maximum display period of 60 days, the original goal having been to use this shorter duration to create periodic turnover of flags and pole-mounted banners. With the redevelopment that continues in the "West Station" district along the 300 and 400 blocks of Salem Avenue, a developer has been permitted to install five "West Station" pole-mounted banners at his expense on existing AEP poles for the maximum period of 60 days. The developer has further expressed a desire for a permit to allow these pole-mounted banners to be displayed up to 365 days. Such duration is presently not allowed for this location by current ordinances. Considerations: There has been no prior interest for installing flags or pole-mounted banners in the portion of the CBD that is located west of 2nd Street, S.W. Notably, decorative street light poles, which are useful for the display of flags, are primarily located east of 2nd Street while the taller utility poles which are appropriate for pole-mounted banners .are predominantly found west of 2nd Street. Inasmuch as the goal for periodic turnover of banners has not been an issue west of 2nd Street, a 365-day period for installation of flags and pole- mounted-banners would be appropriate and is consistent with our experience with district locations outside of the CBD (such as Williamson Road and Grandin Road). A proposed ordinance change has been developed that would allow flags and pole-mounted banners to be displayed for a continuous period of up to 365 days from 2nd Street to the west (inclusive of 2nd Street) within the CBD. Recommended Action: City Council adopt the attached ordinance implementing the changes described above to City Code Section 30-111. -~~~~Jil~- Christopher P. Morrill City Manager Distribution: Council Appointed Officers ~ 2 ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of January, 2012. No. 39294-011712. AN ORDINANCE to de-appropriate funding from the Water Quality Improvement Program and transfer funding to. the Capital Improvement Reserve, amending and reordaining certain sections of the 2012 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 2012 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds. Appropriated from General Revenue Appropriated from General Revenue 08-530-9556-9007 08-530-9556-9003 08-530-9575-9176 $ ( 5,475) (16,509) 16,509 Revenues Water Quality Improvement Program - VDCR Reimbursement 08-530-9556-9556 ( 5,475) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council January 17, 2012 Virginia Department of Conservation and Recreation Project Funding - Water Quality Improvement Program Background: In December, 2008, City Council authorized the acceptance and appropriation of a Virginia Department of Conservation and Recreation (DCR) Water Quality Improvement Fund Grant in the amount of $83,500. The funding was used for a locally administered project entitled "Tinker Creek Greenway Stream Bank Stabilization". These funds, along with an appropriation of $99,441 in general revenue funds, were used to restore and stabilize the stream bank along Tinker Creek Greenway at Eastland Avenue, NE, Roanoke, Virginia. Considerations: The project has been completed. All contractor payments have been made and the City has been reimbursed for all eligible costs by the DCR. The initial revenue estimate and appropriation from DCR needs to be reduced to reflect actual reimbursements and the remaining balance of General Revenue funds can be transferred to the Capital Improvement Storm Drain Reserve account in order to be utilized for other eligible projects. These actions will permit the .account to be closed. Recommended Action: Adopt the accompanying budget ordinance to: 1. Reduce the revenue estimate for this project by $5,475 and "de-appropriate" state grant funds in the same amount from project account 08-530-9556- 9007, entitled "Water Quality Improvement Program". 2. Transfer the balance of funds, $16,509, from account 08-530-9556-9003, Water Quality Improvement Program, to account 08-530-9575-9176, Capital Improvement Reserve, Storm Drains. ~J!t,.Uj~_ Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk January 20,2012 CECELIA T. WEBB Assistant Deputy City Clerk The Honorable Brenda S. Hamilton Clerk of the Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am attaching a certified true copy of Resolution No. 39295-011712 authorizing the issuance and sale of not to exceed forty-five million dollars ($45,000,000) principal amount of City of Roanoke, Virginia, general obligation public improvement refunding bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such bonds are sold at negotiated sale; authorizing the City to enter into one or more bond purchase contracts by and between the City and such underwriters relating to such bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the City Manager and Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the City and such escrow agent relating to the refunded bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. Pursuant to Section 11 of Resolution No. 39295-011712, the City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607, Code of Virginia (1950), as amended (the same being the Public Finance Act of 1991, as amended). The Honorable Brenda S. Hamilton January 20,2012 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 17, 2012. Iia T. Webb Assistant Deputy City Clerk Attachment pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, 67 Wall Street, 11th Floor, New York, New York 10005 George J. A. Clemo, Esquire, Woods Rogers, PLC, 10 South Jefferson Street, Suite 1400, Roanoke, Virginia 24011 Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget ( ~ ......' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA RESOLUTION NO. 39295 - 011712 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED FORTY-FIVE MILLION DOLLARS ($45,000,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; AUTHORIZING THE SALE OF SUCH BONDS AT COMPETITIVE OR NEGOTIATED SALE; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT THERETO, INCLUDING. THE POWER TO SELECT THE UNDERWRITERS IF SUCH BONDS ARE SOLD AT NEGOTIATED SALE; AUTHORIZING THE CITY TO ENTER INTO ONE OR MORE BOND PURCHASE CONTRACTS BY AND BETWEEN THE CITY AND SUCH UNDERWRITERS RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO EXECUTE AND DELIVER SUCH BOND PURCHASE CONTRACTS; AUTHORIZING THE PREP ARA TION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO THE PURCHASERS OF SUCH. BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT AN ESCROW AGENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT BY AND BETWEEN THE CITY AND SUCH ESCROW AGENT RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT A VERIFICATION AGENT; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE REFUNDED BONDS.. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: SECTION 1. The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $12,000,000 principal amount of General Obligation Public Improvement Bonds, Series 2002B, dated February 1, 2002 and maturing in varying amounts on October 1 in each of the years 2002 through 2009 and on October 1 in each ofthe years 2011,2013,2015,2017,2019 and 2021 (the "Series 2002B Bonds"). 1059331.3 034573 RSIND (b) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $26,385,000 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2003, dated July 1, 2003 and maturing in varying amounts. on August 1 in each of the years 2004 through 2021 and on August 1, 2024 (the "Series 2003 Bonds"). (c) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $46,000,000 principal amount of General Obligation Public Improvement Bonds, Series 2004B, dated November 15, 2004 and maturing in varying amounts on February 1 in each of the years 2006 through 2025 (the "Series 2004B Bonds"). (d) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $3,975,000 principal amount of Taxable General Obligation Public Improvement Bonds, Series 2005, dated December 15, 2005 and maturing on December 1,2020 (the "Series 2005 Bonds"). (e) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $29,555,000 principal amount of General Obligation Public Improvement Bonds, Series 2006A, dated February 8, 2006 and maturing in varying amounts on February 1 in each of the years 2007 through 2026 (the "Series 2006A Bonds"). (t) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sale and delivered by the City's $45,990,000 principal amount of General Obligation Public Improvement Bonds, Series 2008, dated February 5, 2008 and maturing in varying amounts on February 1 in each of the years 2009 through 2028 and on February 1, 2033 (the "Series 2008 Bonds"). (g) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $44,925,000c principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010A, dated March 11, 2010 and maturing in varying amounts on October 1 in each of the years 2010 through 2029 (the "Series 2010A Bonds"). (h) The City has been advised by the City's Financial Advisor that the refunding in advance of their stated maturities of all or a portion ofthe outstanding Series 2002B Bonds, the outstanding Series 2003 Bonds, the outsfanding Series 2004B Bonds, the outstanding Series 2005 Bonds, the outstanding Series 2006A Bonds, the outstanding Series 2008 Bonds and the outstanding Series 201 OA Bonds and certain maturities of certain other currently outstanding issues of general obligation public improvement bonds of the City may result in annual debt service cost savings to the City, depending upon market conditions, or may enable the City to modify its existing annual debt service structU!e. (i) The Council desires to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds of the City to provide for the refunding in advance of their stated maturities and redemption of all or a portion of the outstanding Series -2- 1059331.3 034573 RSIND 2002B Bonds, the outstanding Series 2003 Bonds, the outstanding Series 2004B Bonds, the outstanding Series 2005 Bonds, the outstanding Series 2006A Bonds, the outstanding Series 2008 Bonds and the outstanding Series 2010A Bonds and certain maturities of such other outstanding general obligation public improvement bonds, the refunding of which shall be recommended by the City's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds"). (j) Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized ~o issue refunding bonds to refund all or a portion 'of its outstanding bonds in advance of their stated maturities. (k) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Forty-Five Million Dollars ($45,000,000) principal amount of General Obligation Public Refunding Improvement Bonds for the purpose of refunding all or a portion of the Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds. SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance oftheir stated maturities and to pay the costs of issuance of the Bonds (as defmed herein), there are hereby authorized to be issued, sold and delivered not to exceed Forty-Five Million Dollars ($45,000,000) principal amount of general obligation refunding bonds ofthe City which shali be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of$5,000 each or any integral multiple thereof The Bonds ofa given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but ill no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that ~f at any time less than all of the Bonds ofa given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the -3- 1059331.3034573 RSIND principal amount ofthe Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof (d) (i) If any Bon~ (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by fIrst class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty- fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable jf any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditiop.al notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice oftedemption. SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the prmcipal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the -4- 1059331.3 034573 RSIND . corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the frrst days of calendar months, the provisions of this Section 4( c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 5. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee ofDTC, or in the name of such other nominee ofDTC as may be requested by an authorized representative ofDTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee ofDTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. ( c) The books 0 f registry shall at all times be open for inspection by the City or any duly authorized officer thereof . -5- 1059331.3 034573 RSIND (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums ofthe same series, interest rate and maturity. \ (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of$5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be. requested by an authorized representative ofDTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants ofDTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it isprinted; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any -6- 1059331.3 034573 RSIND inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial purchasers 0 f the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 ofthe Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term ofthe Bonds. SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale, on or before June 30, 2013, at a price not less than ninety-seven percent (97%) of the principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided, however, that a series of the Bonds may be sold, whether at competitive or negotiated sale, only if the refunding of the Refunded Bonds will result in net present value savings to the City of not less than three percent (3%), based on the principal amount of the related Refunded Bonds, providedfurther that no net present value savings shall be required in connection with the sale of a series of the Bonds to be issued for the purpose of modifying the City's existing annual debt service structure. The Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Bonds of any series exceed five and fifty-hundredths percent (5.50%) and provided further in no event shall the premium payable by the City upon the redemption of the Bonds exceed two percent (2%) of the principal amount thereof (b) If the Bonds are sold at competitive sale, they may be sold contemporaneously with other bonds of the City under a combined Notice of Sale. Ifthe Bonds are sold at competitive sale, the Director of Finance is hereby authorized to cause to be published and distributed a Notice of Sale of the Refunding Bonds in such form and containing such terms and conditions as the Director of Finance may deem advisable, subject to the provisions hereof In lieu of publishing the full text of the Notice of Sale in accordance with the provisions of the immediately preceding sentence, the Director of Finance is hereby authorized to cause a . Summary Notice of Sale in such form as the Director of Finance shall approve to be published in The Bond Buyer on a date selected by the Director of Finance. (c) Ifthe Bonds are sold at negotiated sale, the City Manager and the Director of Finance are hereby authorized to select the underwriters for the Bonds of each series (the -7- 1059331.3 034573 RSIND ''Underwriters'') and to sell the Bonds of each series at a negotiated sale to the Underwriters selected by the City Manager and the Director of Finance, and either or both ofthe City Manager , and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale ofthe Bonds by the City to such Underwriters. (d) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the purchasers of the Bonds a Preliminary Official Statement and a fmal Official Statement relating the Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director. of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed fmal" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ("Rule 15c2-12). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City. (e) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereo f (f) All actions and proceedings heretofore taken by this Counci~ the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale 0 f the Bonds are hereby ratified and confirmed. SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf 0 f the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit, Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions ofthe . Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for -8- 1059331.3 034573 RSIND redemption on: such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof: with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, . 1950, as amended (the same being the Public Finance Act of1991, as amended). SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. AeoI. -9- 1059331.3 034573 RSIND EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R- $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each . and . thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the, calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative ofDTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. office of City 0 f The principal of this Bond is payable on presentation and surrender hereof at the , as the Registrar and Paying Agent, in the Principal of and interest on this Bond are payable in any A-I 1059331.3 034573 RSIND coin or currency of the United States of America which, on the respective dates of payment thereof: shall be legal tender for public and private debts. This Bond is one ofa series of Bonds oflike date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance oftheir stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and a resolution and other proceedings of the Council of the. City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in installments of$5,000) maturing on and after , _ are subject to redemption at the option of the City prior to their stated maturities, on or after _, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds 0 f a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereo f The Bonds of the series of which this Bond is one maturing on are subject to mandatory sinking fund redemption on _, _ and on each _ thereafter and to payment at maturity on _, _ in the principal amounts in. each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereofto be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof '- Year ( ) Principal Amount $ The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount 0 f any Bonds maturing on _, _ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereofin installments of$5,OOO) shall be called for redemption, notice of the redemption hereof: specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new A-2 1059331.3 034573 RSIND Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty- fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption ofthis Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof Any notice ofthe optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof: and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof: the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof: in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. A-3 1059331.3 034573 RSIND It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter ofthe City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and' this Bond to be dated as of the date first above written. , CITY OF ROANOKE, VIRGINIA Mayor [SEAL] Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. ], as Registrar By: Authorized Signator Date of Authentication: A-4 1059331.3 034573 RSIND ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof: with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. A-5 1059331.3 034573 RSIND CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council J an u ary 1 7, 20 1 2 Authorization to Refund Bonds to Achieve Debt Sen.'.ice Savings Background: The City's Reserve and Debt Management P9licy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance regarding purposes for which debt may be issued, types and amounts of permissible debt and methods of sale that may be utilized. The City may issue refunding bonds to realize net present value savings, eliminate burdensome covenants or provisions in outstanding bond documents, or in the event of financial emergencies or hardships. The City's goal will be to obtain net present value savings, net of issuance costs, of at least 3% of the principal amount of the refunded bonds, and to ensure compliance with the City's debt policies. The bond series which are currently near or above the 3% point savings are noted in the table below and included in the attached resolution. Issue Bond Amount Series (in 000'5) Maturity Dates 2002B $ 12.000 October 1, 2002 to 2009 2011 2013.2015,2017,2019 and '2021 2003 26.385 Auqust 1 2004 to 2021 and 2024 2004B 46.000 February 1, 2006 to 2025 2005 3.975 December 1 2006 to 2020 2006A 29.555 February 1, 2007 to 2026 2008 45.990 February 1, 2009 to 2028 and 2033 2010A 44.925 October 1, 2010 to 2029 Considerations: Based upon discussions with the City's financial advisor, Public Financial Management, Inc, the City is currently in the position to generate savings from the refunding of bonds. Since interest rates fluctuate daily, it is imperative to the success ofa refunding that the City act quickly to take advantage of interest rates to achieve an acceptable level of savings. Honorable Mayor and Members of City Council January 17, 2012 Page 2 In certain market conditions, investors may not prefer a high premium bond. In this situation, a slightly higher level of principal may be issued than the amount of bonds being refunded. Additionally, should a refunding take place, to the extent that debt service on bonds is being provided by the Western Virginia Water Authority (WVWA) or the Roanoke City Public Schools (RCPS), debt service savings wou Id accrue to those entities as applicable. Under current market conditions, all or a portion of the Series 2002B, 2004B and 2006A bonds represent a savings of $1.2 million, or 5.8% of refunded par greater than the City's minimum policy limit of 3%. The City Finance Department is planning to refund the Series 2002B, 2004B and 2006A bonds at the same time the 2012 bond issue which will be sold in February, provided interest rates remain favorable and savings of 3% or greater can be attained. Recommendation: Adopt the accompanying resolution authorizing the City Manager and the Director of Finance to issue refunding bonds not to exceed $45 million principal amount on or before June 30, 2013. Refunding bonds shall be issued to refund all or a portion of the Series 2002B, Series 2003, Series 2004B, Series 2005, Series 2006A, Series 2008, and Series 2010A bonds if net present value saving of 3% or greater of the net present value of the refunded bonds can be achieved. Sincerely, ~w~ Ann H. Shawver Director of Finance AHS:ca ~~: ,4 . i~:l . .,1":~ Honorable Mayor and Members of City Council January 17, 2012 Page 3 c: Christopher P. Morrill, City Manager Stephanie M. Moon, City Clerk Timothy R. Spencer, Acting City Attorney Amelia C. Merchant, Director of Management and Budget John W. Bingham, Assistant Director of Finance JoAnne Carter, Managing Director, Public Financial Management, Inc. Donald G. Gurney, Hawkins, Delafield and Wood Dr. Rita Bishop, Su perintendant, Roanoke City Pu blic Schools Curtis Baker, Deputy Superintendant, Roanoke City Public Schools Michael T. McEvoy, Executive Director, Western Virginia Water Authority 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, MMC City Clerk January 20,2012 CECELIA T. WEBB Assistant Deputy City Clerk Harwell M. Darby, Jr. Glenn, Feldmann, Darby & Goodlatte 37 Campbell Avenue, S. W. Roanoke, Virginia 24011-1301 Dear Mr. Darby: I am enclosing copy of Resolution No. 39296-011712 approving, among other things, the issuance of not to exceed $100,000,000.00 aggregate principal amount of Economic Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Clinic Obligated Group) to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended, effective January 17,2012. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 17, 2012. cel a T. Webb Assistant Deputy City Clerk Enclosure pc: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance 9f. / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of January, 2012. No. 39296-011712. A Resolution of the City Council of the City of Roanoke, Virginia approving, among other things, the issuance of not to exceed $100,000,000 aggregate principal amount of Economic Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Clinic Obligated Group) to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the City of Roanoke, Virginia (the "City") is a municipal corporation of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and laws ofthe Commonwealth of Virginia; and WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is apolitical subdivision of the Commonwealth of Virginia and is authorized under Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), to issue revenue bonds for the purpose of facilitating the fmancing or refinancing of certain projects required or useful for health care purposes; and WHEREAS, Carilion Medical Center ("CMC") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Roanoke Memorial Hospital ("CRMH"), a health care facility located in the City of Roanoke, Virginia; and WHEREAS, CMC also owns and operates Carilion Roanoke Community Hospital ("CRCH"), a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Carilion Giles Community Hospital ("CGCH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Giles Community Hospital, a health care facility located in the Town of Pear is burg, Giles County, Virginia; and ' WHEREAS, Bedford Memorial Hospital ("BMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue ofthe laws of the Commonwealth of Virginia, which owns and operates Bedford Memorial Hospital, a health care facility located in the City of Bedford, Virginia; and WHEREAS, Carilion Franklin Memorial Hospital ("CFMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Franklin Memorial Hospital, a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and 1 \36317056,1 WHE,REAS, Carilion Stonewall Jackson Hospital (fi'kJa Stonewall Jackson Hospital) ("CSJH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Stonewall Jackson Hospital, a health care facility located in the City of Lexington, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted January 11, 2012 (the "Roanoke Authority Resolution") approved the issuance of its, Hospital Revenue Bonds (Carilion Clitiic Obligated Group) (the "Bonds") in an aggregate principal amount not to exceed $100,000,000 for the purpose of providing funds that, together with funds from other sources, will be applied to any or all ofthe following: (i) financing for CMC a portion of the costs of (A) renovating certain portions of CRMH, and/or acquiring certain capital equipment for use in or in connection witp CRMH (the "2012 CRMH Project"), and (B) renovating certain portions of CRCH, and/or acquiring certain capital equipment for use in or in connection with CRCH (the "2012 CRCH Project"); (ii) refunding (A) the Roanoke Authority's outstanding Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 2002A (the "Series 2002A Bonds"), and (B) the Industrial Development Authority of the City of Lexington, Virginia Hospital Facility Revenue Bonds (Stonewall Jackson Hospital), Series 2000 (the "Series 2000 Bonds"); and (iii) paying certain expenses incurred in connection with the Issuance of the Bonds; and WHEREAS, the proceeds of the Series 2002A Bonds were loaned to CMC, CGCH, BMH and CFMH for the purpose of (i) (A) financmg for CMC a portion of the costs of (I) renovating and/or expanding certain portions of CRMH and/or acquiring certain capital equipment for use in or in connection with CRMH (the "2002 CRMH Project"), (II) paying costs of equipping and upfitting an imaging facility housed in a medical office building located adjacent to CRMH (the "CRMH Imaging Project") and (III) renovating and/or expanding certain portions of CRCH, and/or acquiring certain capital equipment for use in or in connection with CRCH (the "2002 CRCH Project"), (B) financing for CGCH a portion of the costs of acquiring certain.capital equipment for use in or in connection with Carilion Giles Community Hospital (the "CGCH Project"), (C) financing for BMH a portion of the costs of renovating and/or expanding certain portions of Bedford Memorial Hospital and/or acquiring certain capital equipment for use in or in connection with Bedford Memorial Hospital (the "BMH Project"), and (D) fmancing for CFMH a portion of the costs of (I) renovating and/or expanding certain portions of Carilion Franklin Memorial Hospital, (II) constructing a three-story, approximately 40,000 square foot addition to Carilion Franklin Memorial Hospital, including a new entrance and lobby, specialty clinics and administrative offices, and/or (III) acquiring certain capital equipment for use in or in connection with the Carillon Franklin Memorial Hospital (the "CFMH Project") (the 2002 CRMH Project, the CRMH Imaging Project, the 2002 CRCH Project, the CGCH Project, the BMH Project and the CFMH Project are hereinafter collectively referred to as the "Series 2002A Project"); (ii) refinancing certain interim indebtedness incurred by CMC, CGCH, BMH and CFMH in connection with the fmancing of a portion of the cost of acquiring, constructing, renovating and equipping the Series 2002A Project; (iii) paying a portion of the interest accruing on the Series 2002A Bonds during the acquisition, construction, renovation and 2 136317056.1 equipping of the Series 2002A Project; and (iv) paying certain expenses incurred in connection with the issuance of the Series 2002A Bonds, including credit enhancement fees with respect to the Series 2002A Bonds; and WHEREAS, the proceeds of the Series 2000 Bonds were used to finance for CSJH all or a portion of the cost of (i) the acquisition, construction and equipping of an acute care replacement hospital facility, located adjacent to the CJSH's then-existing acute care hospital facility in Lexington, Virginia (the "Old CJSH Hospital"), (ii) the renovation and equipping of certain portions of the Old CJSH Hospital, (iii) the demolition of certain portions of the Old CJSH Hospital, (iv) refunding debt, which was incurred initially in 1982 and thereafter refun:ded a number of times, that financed the cost of constructing an addition to and the renovation and equipping of the Old CSJH Hospital, and (v) the fmancing of a debt service reserve fund, costs of issuance fund, capitalized interest fund and other funds relating to the Series 2000 Bonds; and WHEREAS, CMC owns and operates CRMH and the location of the 2002 CRMH Project is, and the location of the 2012 CRMH Project will be, Jefferson Street and Belleview Avenue, S.B., Roanoke, Virginia; CMC owns and operat~s the CRMH Imaging Project and thelocation of the CRMH Imaging Project is 2001 Crystal Spring Avenue, Roanoke, Virginia; CMC also owns and operates CRCH and the location of the 2002 CRCHProject is, and the location of the 2012 CRCH Project will be, 101 Elm Avenue, S.B., Roanoke, Virginia; BMH owns and operates Bedford Memorial Hospital and the location of the BMH Project is 1613 Oakwood Street, Bedford, Virginia; CGCH owns and operates Carilion Giles Community Hospital and the location of the CGCH Project is 159 Hartley Way, Pearisburg, Virginia; CFMH owns and operates Carilion Franklin Memorial Hospital and the location of the CFMH Project is 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia; and CSJH owns and operates the portion ofthe project financed with proceeds of the Series 2000 Bonds that will be refunded with proceeds of the revenue bonds to be issued by the Authority and the location of such portion of said project is 1 Health Circle, Lexington, Virginia; and WHEREAS, the Council of the City of Roanoke (the "Roanoke City Council") must first approve the issuance of the Bonds before the Roanoke Authority can proceed with the financing; and WHEREAS, the Roanoke Authority has delivered or caused to be delivered to the Roanoke City Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement in the form specified in Section 15.2- 4907 ofthe Act, and (iii) a copy ofthe Roanoke Authority Resolution, which constitutes the recommendation of the Roanoke Authority that the Roanoke City Council approve the issuance of the Bonds; and WHEREAS, the Roanoke City Council has determined that it is necessary at this time to approve the issuance by the Roanoke Authority of not to exceed $100,000,000 'aggregate principal amount of the Bonds to promote the improvement of the health and living conditions of the people of the City and the Commonwealth of Virginia, increase 3 \36317056.1 opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of said City and Commonwealth and its inhabitants by financing and refmancing the hospital facilities of CMC, CGCH, BMH, CFMH and CSJH; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia: SECTION 1. The Roanoke City Council hereby approves the issuance, by the Roanoke Authority of the Bonds in an aggregate principal amount not to exceed $100,000,000 for the purpose of providing funds that, together with funds from other sources, will be applied to (i) finance the 2012 CRMH Project and the 2012 CRCH Project, (ii) refund the Series 2002A Bonds and the Series 2000 Bonds and (iii) pay certain expenses incurred in connection with the issuance ofthe Bonds. SECTION 2. The Mayor or the City Manager and the Clerk or any Deputy Clerk to the Roanoke City Council are hereby authorized and directed, on behalf of the City, to take any and all action necessary, including the execution of any documents, to consummate the issuance and sale ofthe Bonds in conformity with the provisions of this resolution. SECTION 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds or the creditworthiness of CMC, CGCH, BMH, CFMH or CSJH and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal of: the redemption premium, if any, or the interest on the Bonds or other costs incident thereto except from the revenues and funds pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Roanoke Authority shall be pledged thereto. SECTION 4. This Resolution shall take effect immediately upon its passage. M. 4 \36317056,1 GFD&G blfNN HlOMANN OA~~Y bOOOlAHf HARWELL M. DARBY, JR. Direct Dial (540) 224-8006 E-mail hdarby@gfdg.com January 11,2012 HAND DELIVERED Ms. Cecelia T. Webb Assistant Deputy City Clerk City Clerk's Office 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 Re: Matter to be discussed at Roanoke City Council Meeting/January 17; 2012 Economic Development Authority/Carilion Clinic Dear Cece: Per our telephone call yesterday, I am asking that the above reference matter be placed on the agenda for the upcoming City Council Meeting, scheduled for January 17, 2012. I am enclosing the original signed Certificate of Public Hearing with the applicable exhibits, along with 11 copies of the same. If you have any questions or need anything additional, please let me know. Very truly yours, ~ Harwell M. Darby, Jr. HMDJR:eaa:0042106 Enclosures 37 CAMPBELL AVENUE S.w. ROANOKE VIRGINIA 24011 P 5402248000 F 5402248050 POST OFFICE Box 2887 ROANOKE VIRGINIA 2400] WWW.GFDG.COM "~~') wOf(<::l So""""""" '! 5iii~ 4,ER1"1 ft-" CERTIFICATE OF PUBLIC HEARING The undersigned Secretary of the Economic Development Authority of the City of Roanoke, Virginia (the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on January 11,2012, at 8:00 o'clock a.m., in the Meeting Room of the City of Roanoke Department of Economic Development, 117 Church Avenue, S.W., Roanoke, Virginia 24011. The meeting was open to the public and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent as follows: DIRECTOR B. Boyd Johnson Vickie Hold Bibee Linda Davis Frith F. Gordon Hancock C. E. Hunter, III, Chairman Brian K. Redd A. Damon Williams PRESENT V ABSENT y/ ,,/ v' v V/ V' 2. The Chairman announced the commencement of a public hearing regarding a proposed financing by the Authority for the benefit of Carilion Clinic, and that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in the city of Roanoke, Virginia (the "Notice"). A copy of the Notice and a certificate of publication of such Notice have been filed with records of the Authority and are attached hereto as Exhibit A. 3. The individuals identified in Exhibit B appeared and addressed the Authority and a reasonably detailed summary of the statements made at the public hearing is included in Exhibit B. The fiscal impact statement required by the Industrial Development and Revenue Bond Act is attached hereto as Exhibit C. 4. Attached hereto as Exhibit D is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by the unanimous vote of the Directors present and voting at such meeting, with the vote being recorded in the minutes of such meeting as follows: DIRECTOR B. Boyd Johnson Vickie Holt Bibee Linda Davis Frith F. Gordon Hancock C. E. Hunter, III, Chairman Brian K. Redd IN FAVOR V AGAINST IY'/A- dl!1- y'/ l-/ v/ /II(1r A. Damon Williams The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and seal of the Authority this //11 day of January, 2012. ,I/. 111. ~~~., Secretary, Economic Develbpment Authority of the City of Roanoke, Virginia ,', I J? Exhibits: A - Copy of Notice, Certified by Newspaper B - Summary of Statements C - Fiscal Impact Statement D - Resolution -2- COPY OF NOTICE, CERTIFIED BY NEWSPAPER EXHIBIT A NoncrOFPUBLIC:: . .. 'HEARING BY THE':': i ;' "ECONOMIC',:'~ : ',;: DEVElOPMENtt" 1 ! lUTHORrfy,'OF THE,;' : .,!~hY:QfiB~A~OK~;~' IVIRGINIA'REGARDING - - - - - - - - - - - - - - - - - - '- - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - + - -i C TIlE"fJNAtf~~G. ' .1 '., 'I ' I I I I I I I I I I I I .I I I I I I I I I I I 1 1 I I I I I 1 I "",'\IIUI.U,/ I \' eN J, ....',..., .~.~~ "'!~/~""" 1 PUBLISHED ON: 12/28 Ol/04l':5r:~'NOlp..R'( ....~-:;. I : ~ :' pUBLIC ...:. 1 = ~ . #""2.964 . * ... 1 . E.G J" .... :: Jo,: B '. 'N\ISSIOI'\ : <c :: 1 -:..,.. ~ Wf{ COIVI . - .. ~ .. ~'/,.?\R .: ?f:: I -:'~." ..~~2 "'~,~~';"" ... ..,:.z ~~,,,..,, I TOTAL COST: 1,946.88 '..,,~NWEAL\\\\)\'\'" I FILED ON: 01/04/12 'IIII!!!I\\\\ I --------------------------------------------------+ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CARILlON CARILlON STE. 720 213 S JEFFERSON ST ROANOKE VA 24011 CLINIC OFC OF CORP. CLINIC OFC OF CORP. COU C REFERENCE: 80176649 12877711 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an a4th9rized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of V,t:5~~~. Sworn and subscribed before me this ~ay of JANUARY 2012. Witness my hand and off~cial seal. v:;;;.A llf&1~ Notary Public ( , Authorized Signature: ~~. ~1cC- , Billing Services Representative [The Aut requestii inorllsllrl bond~'(t aggregate' estimate ~100,OO purpose 0 th~t, ,toge ,from othe [appfled'to ifollowlli' iCarlllo" jC'C,MC: (0 ,R IHosPltal,' IthIt/lre facllltyiloca ,ganoke,: 'Ivl..rgln..la...... ;'"a. n.dZ.,or acqultl . . <es'lial \eq~IPrnllnt:for,useln'~-r.;li\ conn. e..~.tIO'.ri,W..lt.h.. CfiiVI..H.. i.(.the. :20t:2:~!lr.'J.I;I!l'r~jIl9,t':);\aild !(B):reno.va.tlng;.cer,ta I n ip 0 (II oil'~i{O"fi~'Ca'rlil.lori iRo:a n 0,kll:;C21T,l:nl'u'nlt y IHospltal',ta)health', c.aie !faclllty located'lri,R(lanoke IV' rgl '! I a(f9~C!i~)~,~!i~!!i; ,acqul rlngcertall1~caplta I leqUlpment',foituse'ln:.or;/n l~onilei:,lI.ci~,W)JIi,:.p,~C~:~~hll i 2012 CRC~,~r91~ch);dli) jref.u.. nd.l.n,g. JA..),t.he.!Auth...O.. r.lty.~S'.' au tsta n,d 1.I1'g''HoS'plta I Revenue' Bonds"(Ca rill on Health System 'Obligated I i G Iou p) 'SerieS 2002A. (t he i "Ser!~s,20q2A!,!Io:nd~'!);and I(BJ"t,he ',"diu;s",ri a I I OevelopmeritAuthoilty of Ith e,Cltytof:iJ.:exl rigto n' Vlig@a ,Ho~p!taljfaClllty' Re,yenue,B9Ms:(Ston.ewall Jackson:Hgspltal):!:jerles - - - - - - - - - - - 2000:(the~,Serles ;2000 B!!l1dS1h,'~n~t(lIl) pa'ylng cert .~I.n. "e....x..p. ellS.es.... 'In. curred .In Ii conn,e c tl'onti:w I t h the Issuance:ofthe Bonds, . .'. ," "'~."" ~;.'i', "'. ,. .., ",". _ . . ,:R..... .,.,... .,Of. [/'U~(fjilC4RE:!; i r~t(~Jn~:;WfI8:tHE /' ,:[R~. ~~ED$LOfi~l,.'. .":i',!~U " I"" TAX~ . ONDS iNMr~i~f~ ,alllntere :Uui:E 'Auth .' ltY'ot: ,Roano,ke;Wfrgl .!'(th"e' ,"Au th.cir.ltyn~wll F'l\o Iii fa ,publlc'.\he~r.r '"the irrieetlng!oorjiL liyof !Roanok~OffIce. . omlc , !Oevelopment;,:11-7'9hurch i 'A venil~i,~:,W'\~~9~'l1.oke,1 Nlrglnla:on:Januafy',11, i :20~:lI.t.!!:~:a,m:i7!lt~hlch.' ,t I m e. a ny ,'person.'m a y,be ,heard .,(~gaidlng',the'l111alth" 'care'a~IIIt1~~;pr~po~eil to b etlna n'ced":a.ritl/ 0 r !reflnan~~.!C' , 'uj~orlty ,with pro om'.the :Issua xempt :~O~d~,' , The proceed~ oHile Series 2002A Bondswe(e loaned to CMC, CarUlon .Glles Com m unJty"H os'pl ta I ("CGCH"), Bedford.Memorial i HospltaLJ.Bi\1H') .and , Carillon Franklln'.Memorlal HospltaH.CFMH~)".for the purposeo! (I) (A)flnanclng for CMCa>portlon of,the costS .of;(l)renov'atlng and/or ex'pa n'd I ng'certa i n portlons'of CRMH 'anp/or ~cq ill rl n g certs I n 'cii pita I equipment for, useJri'orln connectlon'wlth CRMH(the ~2002 CRMIl;Pi"oj~i:t':); (II) paying cost~Of\llqulppl ng a ~d::~pf.ltt I rig:a ril m ~gl ng facility housed)hla'llIedlcal offlc~j,biU Idl. i1 g~1 ocated adJacent:fo'CRMH';(the I 'C~MHlmaglilg:Rrojtlct") , and (lII)reriovatlngaridf,or expandliig'certalri.,po'rtlons of C~CH;,anil/oi;acqulrlng certaln,capltali~qulpil)imt for useln;or'ln c.onnectlon wlthCR C H'o(t he:'~20'02 CRC,H..P;rj)Tei;'t:Y;l'(B) fin a n c I n'g;'fori'CGCH a portlon,.of~thercosts of acq ul il ng ,'j:ertalrLca p Ita I equipment :for,:use ;I;;,'orl n co n'ne c.t I o. n~wl thiCs rill 0 ri Glles'Comiriunlty Ital, a health ear cated IriPearlsb a '(the "CGCI:I>ipr .c t);.(C) financIng for . MHa'portlon ofthe.~ostsl!f,renovatl ng and/or;~xpandlng 'certain, portlon's. of' th~ 'BlidfOrd'l Memorlal:Hospltal;..a :healtl\ care ,facility, located In Bedfo r'9icYlrgl ri I a;~a n<1/ or acqulrl~g,certaln,c~pltall equlpment,for:use,ln'or In I connectlilniwlfl\,B.edford i MemoilliI;HospltaIC(the, 'BMI:I,~rojecV',)~and XO) i flnanclng'\for:c,i"MH a, portlon:9f;t~e;'c!l~'S';of (I)i r e n o:v tlt',,~;g:;;ai1'd '1.0 r! expandlng'certal.nip:~rtlons .' of C arlJlo'n ',Fr ank II n, Memorlal;Hcisplt~l/ahealth ' care:faclllfy',lociiied In RockYMiiu~t,vlrglnla; (II) constr~ctlng ;~...t~'ree:.story; a pproxlmatelY:40;000 squa're1;toof,adillilo'n to Carlllon;Fianklln Meinorlal Hospltal,;!n ., i~g;s'new entra ;:]o'bby, specl nlcsj,and adm/n . .l';'llroftlces; a~d/or(II,I);acqulrtn'g~italn capltal,equIPrn~nt .for use. In orl n,coni\'ei:tl Oil.wlll\ the Carillon ,Fianklln:Memorlal H l! s p"lt81\(',t he:;,".C F M H proje~t"'):tthe :2002PJ!MJ:l, project; theCRMH.J maglng; P ra J e ct;"th'e.[2002)c:R,CH, projecti:the S~.CH ,I';~ojecl;' IheBMH;l'rojectaltdJhe CF M 1l",I',r[o;Lect~\'li,r!~"; herel i1after,;~OI,ectiYeIY' referred toasthe~Serles 200;l'I(p(ore'ct~'); (II) reflnal1clng'certaIrUnterlm' i Indebtedn\lss,lncurred by CMC, CGCH,BMH;aridCFMH rn conriec.t1grijWlth. th'e flnanclrigciflip~rtlonoi the c 0 st;;of~iaY.ll;u'l:rl ng, constructlng"renovatlngand, equlpplng.the,Serles'2002A Projec!;(II!)rp~~lngalpoitloi1 ofthe',I!'tllrtlstaccr~lngon . the, Serle~,~002A"Bonds durlng:the ]~:cqulsltion, i c.on'str U~lolj(ie~ovatl 0 n 7 ,and equipping of ,I he Series '2002A Project; and (Iv) 'paying 'certain expenses Incurred In connection with the Issuance of'the Series 2002A Bonds.,I~cludlng credit enhancement fees ,:wlth respect ,to the ,Series i2002A Bonds; ': ;".,,' ! ""--'-"""': ,The proceeds6hhe Series 2000 Bondsweie used. to finarice fi>r;,Carlllon 'Stonewall Jackson Hospital , (f/k/a,Stonewall,Jackson IHospltal) (~CSJH~)'aWora portion ofthe)costof. (I) the acquisition, "c()nsfiuctlon and equipping ofari ,acute care replacernent\ho~pltal facility; locate~adjacimtto the" CJS H ;s':t he n,e xlS,tI ng acute, c~re'h()splta' :fi!clllty In Lexlngton;,\Vlrglnla, (the "Old CJSH Hospital"); (1I),lhe renovation and ,equipping of certain portlonsotthe Old CJSHHos~lta r;(III)the: d em 0,11t1 0 nfof.ce'r,t a in' portions ,of '(he ;Old:CJSH Hospltal'(lv) refundlrigdebt, W~ich ,w8S,ll1cu..rnd,lnitlally j ri,1,9B2'a .0 d"the reafte r refu nded'.'a)n'umbei, of times, that.Jlnanced the cost"of constructing an add I,ll ont o,:'a'":d, the renovation aiid'eqtilpplng of theOld ,CSJH +tcispltal; and (v) flnancilijf:ii,fia',debt servl~e ;reservefu~d;Costs of ,I,ss u'a.'nce'.'if,ti 'nd , ca pita IIze'd(1 rite res t,f u .0 d and; other funds, relating to theSerle~2pOOBonds, ,: CMC:owns'an d.operates CRMHand'the'locatlonof the' 2002 CRM HFroject ,Is, an'd' the 'Io'catlori:ofithe 2012CRMH,project:wlll:be, J efferso"n;-:s t reei 'a i1 d Bellevl ewA ve .0 ue',S. E... Roariokei'Vlrglnla, :CMC owns, and ',<!perates"the CRMH Imag!ngr;>rojecland the location of ,the CRMH Il1laglng"~ro'jecl ,Is 2001 Crysfal.,Sp~lngA venue, Roanoke;:VIr'glnla, ", CMC also owris:an,d operates CRCH and :the'locatlon'of the 2002:CRCH'l'roJectls, and theJoc'atlon of the 2012CRCH:project will be, 101Elm:Av~riue,S, E., RoanoKei~VIf la: BMH o,wns a'riil;op' . Bedford Memorlal'H' 'and'the locatiori of the BMH Project Is 1613 Oak'w'ooil Street, Bedford; Vlrglnla:'CGCH ownsand:operates .Carlllon Giles Co'ii\ iTitihlty(H osplta I and the ,Iocalion of the CGCH,proJec*,,~159 Hartley Way" Pea ilsbuig';Vlrglnla. CFMH, owilsi:llidoperates , Carillon,Franklln:'Mem<!rlal Hospltal.aridthe ,location, of the CFMH Project Is 124 Floyd A~eiltie;Rocky Mo'uiit, Fran kll nCou nty.WI rgl .0 la, CSJH owns;and operates the CS,JH ,ProJEictand !he location, of the .CSJH"ls ,1 Health'Clrc.le' '''xlngton, Virginla,i!,:% ' -,..\ Any person '. ,shl ng to comment In ,writing on the Issua nee ot:!h'e B,on ds Shoul(doso:on:or before January 1.1' 2012 at 8:00 a,m: to ,LI,ndsaY,Hurt, Econ omlc,2Pevelop m e nt ,Division"Specli!llst,\c:lty' of iRoanoke:,Departni"ent of 'Economic ;D'evelopment, 117 Church Averiue; S,W" . Roanoke, ~~}~8;1", EconomicDevelopmi!nt Authority <!f the City of. Roanoke,'Vlr~nia By: ,C,eHunter, III , Chairman ;(12877711) EXHIBIT B SUMMARY OF STATEMENTS MADE AT PUBLlC HEARING CONDUCTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA ON JANUARY 11,2012 WITH RESPECT TO FINANCING BY THE AUTHORITY FOR CARILlON MEDICAL CENTER AND CARILlON FRANKLIN MEMORIAL HOSPITAL None. EXHIBIT C FISCAL IMPACT STATEMENT FISCAL IMPACT STATEMENT January 11,2012 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA Carilion Clinic Applicant Carilion Medical Center, Carilion Franklin Memorial Hospital, Carilion Giles Community Hospital, Bedford Memorial Hospital and Carilion Stonewall Jackson Hospital Facilities City of Franklin Giles City of City of Total Roanoke County County Bedford Lexington l. Maximum amount of financing sought $62,500,000 $4,200,000 $2,000,000 $3,800,000 $27,500,000 $100,000,000 2. Estimated taxable value of the facility's real property to be constructed in the nla nla nla nla nla $0 locality: 3. Estimated real property tax per year using present tax rates n/a nla nla nla nla $0 4. Estimated personal property tax per year using present tax rates: n/a nla n/a nla n/a $0 5. Estimated merchants' capital tax per year using present tax rates: nla nla n/a nla n/a $0 6. a. Estimated dollar value per year of goods that will be purchased from $1,645,000 $0* $0* $0* $0* $0 Virginia companies within the locality: ',. b. Estimated dollar value per year of goods that will be purchased from non- $1,645,000 $0* $0* $0* $0* $0 Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from $0 $0* $0* $0* $0* $0 Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non- $0 $0* $0* $0* $0* $0 Virginia companies within the locality 7. Estimated number of regular employees 5,220 215 157 280 190 6,062 on year round basis (FTEs) 8. Average annual salary per employee $72,300 $57,800 $57,000 $48,000 $53,400 $69,700 * no impact, refunding bonds a(f'~ Chairman EXHIBIT D RESOLUTION RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA AUTHORIZING, AMONG OTHER THINGS, THE ISSUANCE OF NOT TO EXCEED $100,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL REVENUE BONDS (CARILlON CLINIC OBLIGATED GROUP) WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") is a political subdivision of the Commonwealth of Virginia and is authorized under Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), to make and execute financing agreements, contracts, deeds and other instruments necessary or convenient for the purpose of facilitating the financing or refinancing of certain projects required or useful for health care purposes, including furnishings, machinery, equipment, land, rights in land and other appurtenances and facilities related thereto, to the end that the Authority may be able to promote improvement of the health and living conditions of the people of the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of Virginia and its inhabitants, and to provide such financing through the issuance of revenue bonds; and WHEREAS, Carilion Medical Center ("CMC") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Roan,oke Memorial Hospital ("CRMH"), a health care facility located in the City of Roanoke, Virginia; and WHEREAS, CMC also owns and operates Carilion Roanoke Community Hospital ("CRCH"), a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Carilion Giles Community Hospital ("CGCH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Giles Community Hospital, a health care facility located in the Town ofPearisburg, Giles County, Virginia; and WHEREAS, Bedford Memorial Hospital ("BMH") is a private, non stock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Bedford Memorial Hospital, a health care facility located in the City of Bedford, Virginia; and WHEREAS, Carilion Franklin Memorial Hospital ("CFMH") is a private, non stock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Franklin Memorial Hospital, a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and WHEREAS, Carilion Stonewall Jackson Hospital (f/k1a Stonewall Jackson Hospital) ("CSJH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Stonewall Jackson Hospital, a health care facility located in the City of Lexington, Virginia; and \36168261.2 WHEREAS, the Authority has been requested to issue one or more series of its revenue bonds, in an aggregate principal amount not exceeding $100,000,000, for the purpose of providing funds that, together with funds from other sources, will be applied to any or all of the following: (i) financing for CMC a portion of the costs of (A) renovating certain portions of CRMH and/or acquiring certain capital equipment for use in or in connection with CRMH (the "2012 CRMH Project"), and (B) renovating certain portions of CRCH and/or acquiring certain capital equipment for use in or in connection with CRCH (the "2012 CRCH Project"); (ii) refunding (A) the Authority's outstanding Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 2002A (the "Series 2002A Bonds"), and (B) the Industrial Development Authority of the City of Lexington, Virginia Hospital Facility Revenue Bonds (Stonewall Jackson Hospital), Series 2000 (the "Series 2000 Bonds"); and (iii) paying certain expenses incurred in connection with the issuance of said revenue bonds; and WHEREAS, the proceeds of the Series 2002A Bonds were loaned to CMC, CGCH, BMH and CFMH for the purpose of (i) (A) financing for CMC a portion of the costs of (I) renovating and/or expanding certain portions of CRMH and/or acquiring certain capital equipment for use in or in connection with CRMH (the "2002 CRMH Project"), (II) paying costs of equipping and upfitting an imaging facility housed in a medical office building located adjacent to CRMH (the "CRMH Imaging Project") and (III) renovating and/or expanding certain portions of CRCH, and/or acquiring certain capital equipment for use in or in connection with CRCH (the "2002 CRCH Project"), (B) financing for CGCH a portion of the costs of acquiring certain capital equipment for use in or in connection with Carilion Giles Community Hospital (the "CGCH Project"), (C) financing for BMH a portion of the costs of renovating and/or expanding certain portions of the Bedford Memorial Hospital and/or acquiring certain capital equipment for use in or in connection with Bedford Memorial Hospital (the "BMH Project"), and (D) financing for CFMH a portion of the costs of (I) renovating and/or expanding certain portions of Carilion Franklin Memorial Hospital, (II) constructing a three-story, approximately 40,000 square foot addition to Carilion Franklin Memorial Hospital, including a new entrance and lobby, specialty clinics and administrative offices, and/or (III) acquiring certain capital equipment for use in or in connection with the Carillon Franklin Memorial Hospital (the "CFMH Project") (the 2002 CRMH Project, the CRMH Imaging Project, the 2002 CRCH Project, the CGCH Project, the BMH Project and the CFMH Project are hereinafter collectively referred to as the "Series 2002A Project"); (ii) refinancing certain interim indebtedness incurred by CMC, CGCH, BMH and CFMH in connection with the financing of a portion of the cost of acquiring, constructing, renovating and equipping the Series 2002A Project; (iii) paying a portion of the interest accruing on the Series 2002A Bonds during the acquisition, construction, renovation and equipping of the Series 2002A Project; and (iv) paying certain expenses incurred in connection with the issuance of the Series 2002A Bonds, including credit enhancement fees with respect to the Series 2002A Bonds; and WHEREAS, the proceeds of the Series 2000 Bonds were used to finance for CSJH all or a portion of the cost of (i) the acquisition, construction and equipping of an acute care replacement hospital facility, located adjacent to the CJSH's then-existing acute care hospital facility in Lexington, Virginia (the "Old CJSH Hospital"), (ii) the renovation and equipping of certain portions of the Old CJSH Hospital, (iii) the demolition of certain portions of the Old CJSH Hospital, (iv) refunding debt, which was incurred initially in 1982 and thereafter refunded a number of times, that financed the cost of constructing an addition to and the renovation and 2 \36168261.2 equipping of the Old CSJH Hospital, and (v) the financing of a debt service reserve fund, costs of issuance fund, capitalized interest fund and other funds relating to the Series 2000 Bonds; and WHEREAS, CMC owns and operates CRMH and the location of the 2002 CRMH Project is, and the location of the 2012 CRMH Project will be, Jefferson Street and Belleview Avenue, S.E., Roanoke, Virginia; CMC owns and operates the CRMH Imaging Project and the location ofthe CRMH Imaging Project is 2001 Crystal Spring Avenue, Roanoke, Virginia; CMC also owns and operates CRCH and the location of the 2002 CRCH Project is, and the location of the 2012 CRCH Project will be, 101 Elm Avenue, S.E., Roanoke, Virginia; BMH owns and operates Bedford Memorial Hospital and the location of the BMH Project is 1613 Oakwood Street, Bedford, Virginia; CGCH owns and operates Carilion Giles Community Hospital and the location of the CGCH Project is 159 Hartley Way, Pearisburg, Virginia; CFMH owns and operates Carilion Franklin Memorial Hospital and the location of the CFMH Project is 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia; and CSJH owns and operates the portion of the project financed with proceeds of the Series 2000 Bonds that will be refunded with proceeds of the revenue bonds to be issued by the Authority and the location of such portion of said project is 1 Health Circle, Lexington, Virginia; and WHEREAS, the City Council of the City of Roanoke, Virginia (the "Roanoke Council") must approve the issuance of said revenue bonds before the Authority can proceed with the issuance of said revenue bonds; and WHEREAS, the Board of Supervisors of Giles County, Virginia (the "Giles Board") must approve the issuance of said revenue bonds before the Authority can proceed with the issuance of said revenue bonds; and WHEREAS, the City Council of the City of Bedford, Virginia (the "Bedford Council") must approve the issuance of said revenue bonds before the Authority can proceed with the issuance of said revenue bonds; and WHEREAS, the Board of Supervisors of Franklin County, Virginia (the "Franklin Board") must approve the issuance of said revenue bonds before the Authority can proceed with the issuance of said revenue bonds; and WHEREAS, the City Council of the City of Lexington, Virginia (the "Lexington Council") must approve the issuance of said revenue bonds before the Authority can proceed with the issuance of said revenue bonds; NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Roanoke, Virginia: SECTION 1. Pursuant to the authority granted to it by the Act, the Authority hereby authorizes the issuance of the Economic Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Obligated Group), in an aggregate principal amount not to exceed $100,000,000 (the "Bonds"), for the purpose of providing funds, that together with funds from other sources, will be applied to (i) finance the 2012 CRMH Project and the 2012 3 \36168261.2 CRCH Project, (ii) refund the Series 2002A Bonds and the Series 2000 Bonds and (iii) pay certain expenses incurred in connection with the issuance of the Bonds. SECTION 2. The Authority hereby recommends that the Roanoke Council, the Giles Board, the Bedford Council, the Franklin Board and the Lexington Council approve the issuance of the Bonds. SECTION 3. The Chairman or Vice Chairman and the Secretary or any Assistant Secretary of the Authority are hereby authorized and directed to deliver to the Roanoke Council, the Giles Board, the Bedford Council, the Franklin Board and the Lexington Council (i) a reasonably detailed summary of the comments expressed at the public hearing held in connection with the issuance of the Bonds, (ii) a fiscal impact statement in the form specified in Section 15.2-4907 ofthe Act, and (iii) a copy of this resolution, which constitutes the recommendation of the Authority that the Roanoke Council, the Giles Board, the Bedford Council, the Franklin Board and the Lexington Council approve the issuance of the Bonds. SECTION 4. This Resolution shall take effect immediately upon its passage. 4 \36168261,2 CERTIFICATION The undersigned, Harwell M. Darby, Jr., Assistant Secretary of the Economic Development Authority of the City of Roanoke, Virginia does certify that attached hereto is a true, correct and complete copy of a Resolution adopted at a regular meeting of the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia held January 11, 2012 and that such resolution has not been amended, modified or rescinded and is in full force and effect as of this date. Date: January 11,2012 Harwel::::t;:. Assistant Secretary Economic Development Authority of the City of Roanoke, Virginia \3616826 \.2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk January 20,2012 James Settle 919 Winona Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Settle: I am enclosing copy of Ordinance No. 39297-011712 repealing a condition accepted by City Council by the adoption of Ordinance No. 36108-101502,'on October 15, 2002, with respect to property located at 547 Campbell Avenue, S. W., as set forth in the' Application dated November 1,2011. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 17, 2012; and is in full force and effect upon its passage. Enclosure pc: Bella Vita Holdings, LLC, 301 6th Street, S. W., Roanoke, Virginia 24016 MKL Properties, LLC, 2580 Lakewood Forest Road, Moneta, Virginia 24121 Interactive Achievement Holding Company, LLC, P. O. Box 3122, Roanoke, Virginia 24015-1122 L & M Properties, 541 Campbell Avenue, S. W., Roanoke, Virginia 24016 City of Roanoke School Board Property, Jefferson High School, 840 Campbell Avenue, S. W., Roanoke, Virginia 24016 " Calvary Baptist Church, 608 Campbell Avenue, S. W., Roanoke, Virginia 24016 James Settle January 20,2012 Page 2 pc: Keith Hummer, Chair, 118 Campbell Avenue, S. W., Roanoke, Virginia 24015 Doug Waters, 204 S. Jefferson St, Suite 9, Roanoke, Virginia 24011 \ Suzun Hughes, 117 Campbell Avenue, S. W., Roanoke, Virginia 24011 Rena Cromer, 543Day Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission / :{v/ \\ " o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 'The 17th day of January, 2012. No. 39297-011712. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as ) amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as , amended, to repeal a condition accepted by City Council by the adoption of Ordinance No. 36108-101502, on October 15, 2002, pertaining to certain property located at 547 Campbell Ave., SW; and dispensing with the second reading by title of this ordinance. WHEREAS, Krista Vannoy, on behalf of James Settle as contract purchaser and the owner, David Rao, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal the proffered condition accepted, by City Council by the adoption of Ordinance No. 36108-101502, as it pertains to the parcel of land at 547 Campbell Ave., SW, bearing Official Tax No. 1112510; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 17, 2012, after due and timely notice thereof as required bYS36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, the application to rezone the subject portion of property is consistent with Vision 2001-2020 and the Hurt Park/Mountain View/West End Neighborhood Plan; WHEREAS, the application provides for the adaptive reuse of historic buildings and will further the City's tourism goal; K:\Talevi\measures\planning commission measures\Ord-547 campbell ave-repeal proffered condition,doc 1 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and, the matters presented at the public hearing, finds that the public necessity, convenience" general welfare and good zoning practice, require the repeal of a proffer as it pertains to a property located at 547 Campbell Ave., SW, bearing Official Tax No. 1112510, as set forth in the Application dated November 1, 2011, should be repealed as requested, as such repeal will allow all uses otherwise allowed in the D, Downtown District, on the subject property. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. A certain proffer accepted by City Council when it adopted Ordinance No. 36108- 101502, on October 15, 2002, with respect to property located at 547 Campbell Ave., SW, bearing Official Tax No. 1112510, be repealed as set forth in the Application dated November 1, 2011; and that ~36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. --' M. ~ City Clerk K:\Talevi\measures\planning commission measures\Ord-547 campbell ave-repeal proffered condition,doc 2 To: Meeting: Subject: CITY COUNCIL AGENDA REPORT Honorable Mayor and Members of City Council January 17, 2012 Request from Krista Vannoy, on behalf of James Settle as contract purchaser, to repeal the proffered condition accepted by City Council by the adoption of Ordinance No. 36108-101502, as it pertains to the parcel of land at 547 Campbell Ave., SW, bearing tax no. 1112510. The deletion of the proffer will allow the property to be used for any use permitted in the D, Downtown District. The comprehensive plan designates the property for Downtown Development, Residential and Commercial. The proposed use is a mixed-use development. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, December 15, 2011. By a vote of 7 - 0, the Commission recommended approval of the request, finding the application to rezone the subject portion of property to be consistent with Vision 2001-2020 and the Hurt Park/Mountain View/West End Neighborhood Plan. The application provides for the adaptive reuse of historic buildings and will further the City's tourism goal. Application Information Request: Amendment of Proffered Conditions (Ordinance No. 36108-101502) Owner: SteveDav LLC (David Rao) Applicant: James Settle Authorized Agent: Krista Vannoy City Staff Person: Maribeth B. Mills Site Address/Location: 547 Campbell Avenue SW Official Tax Nos.: 1112510 Site Area: 0.16 Acres Total Existing Zoning: D, Downtown District with conditions Proposed Zoning: D, Downtown District Existing Land Use: Multifamily residential Proposed Land Use: Hotel, multifamily residential, and eating establishment Neighborhood Plan: Hurt Park/Mountain View/West End Neighborhood Plan Specified Future Land Downtown Development: Residential and Commercial Use: Filing Date: Original Application: November 1,2011 , Background In the fall of 2002, City Council conditionally rezoned the subject property from Light Manufacturing (LM) to Office (C-1) to establish eight multifamily units and office space within the three existing buildings on the property. During the City's comprehensive rezoning, the property's zoning classification was changed to Downtown District (D). The proffered condition limiting use to office, multifamily residential (including home occupation uses), and non-profit counseling facilities and services carried forward with the property. The applicant requests repeal of the proffered condition to permit the establishment of a hostel (classified as a "hotel or motel" by the Zoning Ordinance) and an eating establishment to the property. The hostel would occupy the two-story frame building addressing Campbell Avenue SW and consist of shared sleeping rooms, restrooms, and common areas. The one-story brick building at the corne'r of Campbell Avenue and 6th Street would contain the eating establishment which would be independent of the hostel. Finally, the two-story brick building addressing 6th Street would continue to exist as two residential units. The applicant plans to use on-street parking, the City's Campbell Avenue parking garage, and shared use parking agreements with neighboring businesses to accommodate parking needs. No changes to the site are proposed. Proffered Condition to be Repealed The applicant requests that the following proffer enacted by Ordinance No. 36108- 101502 be repealed as it relates to Official Tax No. 1112510: 1. Use of the property will be limited t~ (a) general and professional offices; (b) home occupation use; (c) non-profit counseling facilities and services, excluding, however, drug rehabilitation and/o'r substance abuse programs; and (d) multifamily residential (so long as said multifamily use is approved by the Board of Zoning Appeals). . Considerations Surroundino Zonino and Land Use: Zoning District Land Use North 1-1, Light Vacant building, professional office, and motor vehicle repair Industrial establishments. South D, Downtown Theater, movie, or performing arts (Jefferson Center). East D, Downtown Contractor/tradesman ShOD and retail building supplies. West D, Downtown Professional office. Compliance with the Zonino Ordinance: Surrounding properties have the equivalent Downtown zoning classification or a Light Industrial zoning classification. They are also uninhibited by conditions and open to all by-right uses permitted in their zoning district. Repealing the use condition will place the subject property in the same standing as its neighbors. 2 The hostel is classified as a 'hotel or motel' by the City's Zoning Ordinance which is defined as accommodations for travelers on a temporary basis. The interior will undergo modifications to convert the building from a multifamily to hotel use. The occupancy rate will be dictated by the building code. No changes are proposed for the site. Any future site modifications would be required to meet the regulations of the Zoning Ordinance during the comprehensive plan review process. Conformitvwith the Comprehensive Plan and Neiqhborhood Plan: Vision 2001-2020 and the Hurt Park/Mountain View/West End Neighborhood Plan encourage the adaptive reuse of the City's historic resources which preserves them for future generations while putting them to productive use. The subject property is ideal for adaptive reuse as it is eligible for a number of incentives being located in a national and state historic district, a 'Conservation Area' designated by the Roanoke Redevelopment and Housing Authority, and Enterprise Zone One A. Repealing the short list of proffered uses will significantly broaden the property's investment potential. Vision 2001-2020 specifically calls for the establishment of a hostel in downtown as an economic development action item as a way to encourage tourism. This location within downtown is ideal for a hostel considering its close proximity to public and private amenities. Relevant Vision 2001-2020 policies: . NH P4. Downtown neighborhood. Downtown will be developed as Roanoke's premier urban village with a mix of high-density residential, commercial, retail uses and live/work space. . EC P6. Cultural and historic resources. Roanoke will support, develop, and promote its cultural resources. Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archaeological sites. · ED P3. Downtown. Downtown will continue to serve as the region's central business district with opportunities for downtown living, office space, retail, and cultural and entertainment attractions. · ED P4. Tourism. Roanoke will promote tourism for the City and the region (ED A17. Develop a youth hostel or other budget hotel accommodations in the downtown to encourage hikers and Appalachian Trail enthusiast to visit Roanoke). . IN P4. Parking. Roanoke will encourage on-street parking wherever possible and discourage excessive surface parking lots. Relevant Neighborhood Plan policies: . Community Design Policies a. Parking is recognized as a necessity, but should not be allowed to dominate any development. Parking should be located primarily on-street. . Economic Development Policies a. Commercial establishments should be compatible with the neighborhood. 3 City Department Comments: None. Public Comments: Rena Cromer (543 Day Ave. SW) submitted a letter of support for the request. She noted that other similar sized cities, such as Asheville, NC, with proximity to outdoor recreation resources, offered hostel style accommodations and that they had a positive impact on surrounding busines~es and entertainment venues. Planninq Commission Public Hearinq Discussion: One member of the public spoke during the Planning Commission's December 15, 2011 public hearing. 1. Mr. Mike Levan (310 Darwin Road) asked what the referenced proffered condition was. Ms. Mills responded that the applicant was requesting to repeal the one condition placed on the property in 2002 which was read verbatim from Ordinance No. 36108-101502 to Mr. Levan. ~j" . fv-- Ange a Penn, Chair City Planning Commission cc: Chris Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Krista Vannoy James Settle David Rao, Member, SteveDav, LLC 4 I, ..... "llllililiillliiillll:liiiliillillllliiii:llliliilli1::I.illlll.':llilill::li ......, :i!I:S;:,,!!!.:.. __J..........,J,,;;:;:;;,,:::' ::;:::::;:;:;::::;:;:;:;: H~~~~~~~~~~~t~~~ Department of Planning, Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, s,w. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: INOV 1,2011 Submittal Number: IOriginal Application :!illl!!::::lillil:::I~::::ltll:::lli~i)~.::':::: o Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District :IPiBi:!!liBi.imlii!:ii:i:::::::: Address: 1547 Campbell Avenue, Roanoke, VA (5 w ) Official Tax No(s).: i .1111J1 \ 0 Existing Base Zoning: I (If multiple zones, please manually enter all districts,) D, Downtown Ordinance No(s), for Existing Conditions (If applicable): 136108-101502 Requested Zoning: ID, Downtown I Proposed Land Use: :!I..::I!!I!::~!I~II~.~:. Name: S-e~ crltc\"C h W'l-e VI + A- [8] Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District I [8] With Conditions o Without Conditions hotel, residential, eating establishment I Phone Number: I E-Mail: I I I Address: Property Owner's Signature: !11!.!:.~!I_.::I~!::I!B!i!!:;!!!:::._!:: Name: Ijames Settle I Phone Number: I +1 (540) 819-7446 I I Address: Cj, Applitant's Signatu : :!!!!~~!!!'::!!!e!!!!:!!!g=!:I!!':ig!!!II!!!!!!~~. Name: IKrista Vannoy E-Mail: Ikugihan@yahoo.com I Phone Number: I + 1 (540) 342-0881 E-Mail: !kvannoy@waldOVgeICOmmercial.cu ('. ~,<~ A i1C(c~Wle~ A- , .~~ <~JJrfil ~"""';;::""'''d'' - ;;:":::::;'::;::';~:;~;;::~~:~:;j.. Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, s.w Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 ROANOKE Date: 1,2011 R~qij~Jf(~~~~~,~I,t~!~~i!im'~)#;,;i. o Rezoning, Not Otherwise Listed o Rezoning, Conditional [J Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District p,~~~rty~'~rtJj~~:~~~t, Submittal Number: Application ~ Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan n Amendment of Comprehensive Sign Overlay District _..~----., i Address: !~~7 Campbell Avenue, Roanoke, VA Official Tax No(s). 12510 Existing Base Zoning: I D, Downtown (If multiple zones, please manually enter all districts,) : l i J -------------1 ~ With Conditions J ___________._______ ..1 0 Without Conditions r--- Ordinance No(s) , for Existing Conditions (If applicable): !361 08-1 01502 , Requested Zoning: Downtown Proposed Land Use: residential, eating establishment ~i~~~~~~~il~i,~!~~~~~~. .-------..---- .._n..-__._..____ '-;-.......--..-..-----..-.-- ..-...........-,-..-----. '---, i Name: I ;),,;-w/),f11::7 I Phone Number: ! 5?/v~Y..?&I/~ i ,-----.-----------___,__~~_~~_.~_._~__1 ___~.______"" ___ __ _____. _ _ Address: r-----------.....-------'----------~J tJ /l~-/./fi~--..;3~:=k.;J:tf.Mail: r..----...-.-~..?~--~:-(--;;-:-;..W~~c /V( ...-c,..__,___ ' -,' ~..--;-----.--..-.:----'..---.-...--..........:.7'....-,-, ". !. ~fr-;'K;/b V~ yA /// .' '._ /--/n72A!/Sa"./()&~?'2<2, r'A 2.:2Bc:"j---------------..; F-.-.S s~;~~ :-~-__----:----:------ ---- .... ......~",~~~~il,~f~~~t~~~~~,fftl!~ft!~~.!!~~~~!~~~;l% Name 9 Winona Avenue, Roanoke VA 24015 E-Mail: jkugihan@yahoo_com Settle Phone Number: +1 (540) 819-7446 Address: .------------~-.-."...-".._____~~___..,_.,__..~..__._.J ,A,pplicant's Signature: .~.\!~~M~~~~,~~~~+t~!~~m~~~gtt~~!~~,Ji;~f.l!i.!~~ Name: Vannoy Phone Number: + 1 (540) 342-0881 :~I::I!!I!~::~"~t,':~~ill~l~ml~l~~~[I::,i:!:'.~p:ij!!~i~!ffi~~i:':':"':::": .,...... ... ....:::::::.:::::::.:::::.:::.;::':'::::::::,i::j::,.::: rx Completed application form and checklist. IX Written narrative explaining the reason for the request. ['. Metes and bounds description, if applicable. 15< Filing fee, :~Bm':i:rll~ni;:I'~:9~mil!i.t!.~~:'~::~9llll,i~:n14;:'~!~~"~~:'~4~~!~lii r Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. 'm9r:::~::~91!~!9nl..:r~;gn!ns.i.":~~~':fiil!~:::mM~:!~::~~:~~~mt_;:,',::: r Written proffers, See the City's Guide to Proffered Conditions. r Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, Please label as ~E9f:::~:"ii~iiiiii!'i~ii~i~m~:,ro/!!11B9.:::m~~~::'i!~g::~~':lim!I~:;, r Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance, :imr;cw;_pmlni!li!~~:'9~i;ill~ir!~;i:~I~::f9111!rnl::mM~..1':_ffi!~~~,'I': [~ Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2) of the City's Zoning Ordinance. :~I::i:ij':_9.~.I:Pf:prlim~'Eil,~!IM:::!~~j::f91.!.~~:~mw:@:.@!I::I::,~m!~!~~:i.:: r- Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, . if applicable. rx Written proffers to be amended, See the City's Guide to Proffered Conditions, fj{ Copy of previously adopted Ordinance, :W9r~:@:::p!inpi~:':~fl!~:IM!flm!n~::iID!"IRI::~~!::fqjlloo':m,i~::i,~::;~~::i4~OO~li~: r- Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. C- Copy of previously adopted Ordinance, :~2r::'i:.lmpll~!~i.:ils.n::By!li..~mil:m~9~g',f,~!!I!~Q.:::m~~~:..il~g:i~:~9im!I~:[ r Amended comprehensive signage plan meeting the requirements of Section 36,2-336(d) of the City's Zoning Ordinance, r'- Copy of previously adopted Ordinance, '~gr.':~::Pt.l;i~il::rlgjri~::~:'.I;::J,_':M.::I::llml,#~~~:~I::I,~::@!~f;;:~~~::I!pw!Q~::mq~~::~I::I::I~m!:~I;::';:~':,:,:::,,::: C A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance. ~m':@::e~_~:':~~m::flg!fji:::~:!1{i{ti:I;'i_'I!!lw::[~~'~,ii1i,.JI::Mm~ii:::[I::~9IlllnQ:'m~~:':~tl::~~..I~~!~I~:, r Cover sheet. r Traffic impact analysis, r Concept plan. r Proffered conditions, if applicable, C Required fee, ANOKE *An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting 'Planning Commission' under 'Boards and Commissions', A complete packet must be submitted each time an application is amended, unless otherwise specified by staff, c.. James William Settle 919 Winona Avenue Roanoke, Virginia 24015 (540) 819-7446 kugihan@yahoo.com November 2nd, 2011 Narrative for Zoning Amendment Application: a. Proposed use and development of the property: The property at 547 Campbell and 312 6th Street (same parcel) will be rehabilitated to a mixed-use development. There are two apartments in the 6th Street duplex building, which will continue in that use. In the main building there will be one permanent apartment of approximately 735 square feet on the second floor. The remaining 2500 square feet will be configured to house a European style hostel. If cost or building code constraints prohibit this use, then the entire main building will be converted into four apartments, a use already permitted under the current proffers. There is one 835 square foot commercial space attached that will be rented to a small commercial use. The development will be rehabilitative in nature and no demolition or new construction is planned. b. Justification for the change: This property is already in the Downtown district, which allows all the proposed t!ses by right. The existing proffers were created under a different zoning ordinance and are no longer necessary, since this property was zoned Din 2005. c. Effect of the proposed amendment on the surrounding neighborhood: This change will have a positive effect on the neighborhood; generating foot traffic of legitimate users of the facility. New, permanent residents will continue the energy from the Cotton Mill area. There is ample on street parking in the vicinity. Shared parking agreements can be executed with neighboring businesses to make room for hostel guests. Additionally, the City's Campbell Avenue garage is one block east and would be available for secure resident and guest parking. d. Availability of other similarly zoned properties in the City: There are no properties in the Downtown district available that match this one for location or price. e. Relationship of the proposed amendment to the City's Comprehensive Plan and the applicable neighborhood plan: The City's Comprehensive plan promotes mixed- use development and downtown living and specifically calls for a hostel downtown (p 130). c.: James WilHam Settle 919 Winona Avenue Roanoke, Virginia 24015 (540) 819-7446 kugihan@yahoo.com Written Proffers to be Repealed: The applicant hereby requests that the following proffered condition enacted by Ordinance Number 36108-101502 be repealed as it pertains to official tax Number 1112510. Use of the property will be limited to a. general and professional offices b. home occupation uses c. nonprofit counseling and services excluding l).owever .drug rehabilitation and/or substance abuse programs and d. multifamily residential so long as said multifamily use is approved by the Board of Zoning Appeals ft " <i~ \ o.-t/ f~O\ ~'. (1 If \, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA; The 15th day of October, 2002. No. 36108-101502. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. Ill, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Larry J. Conner and Rhonda S. Conner, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-l, Office District, subject to certain conditions proffered C by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 15,2002, after due and timely notice thereof as required by S36.1-693, Code ofthe City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and l c (~~, ( WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. III of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That parcel ofland located at 547 Campbell A venue, S.W., and designated on Sheet No. 111 of the Sectional 197 6 Zone Map, City of Roanoke, as Official Tax No. 1112510, be, ( and is hereby rezoned from LM, Light Manufacturing District, to C-1, Office District, subject to the proffers contained in the Seconded Amended Petition filed in the Office of the City Clerk on September 23,2002, and that Sheet No. III of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~T~ 1. f~ City Clerk. { \ ,------ H:\ORDINANCESlO-REZOS47CAMPBELLA VELMTOCI(IOI S02),DQC ( ( ( ",-, Ci - ~-----~._------ ---------- C~'"' . ,- IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning approximately 0.158 acres consisting of one (1) tract of land lying and being in the City of Roanoke, Virginia, and briefly described as 547 Campbell Avenue, S.W.: Tax Map No. 111251O from LM, Light Manufacturing District, to c-1, Office District. SECOND AMENDED PETITION TO THE HONORABLE MA VOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Larry J. Conner and Rbonda S. Conner, own the following property in the City of Roanoke, Virginia: Tax Map No. 1112510, which has a street address of 547 Campbell Avenue, S.W. Said tract is currently zoned LM, Light Manufacturing District. A map ofthe property to be rezoned is attached as Exhibit A. A survey showing the structures on the property is attached as Exhibit B. The property has been abandoned and in disrepair for some time. Petitioners recently purchased the property from the Secretary of Housing and Urban Development and intend to refurbish the existing structures on the property for office and multi-family use. The building fronting Campbell Avenue would be used for an office and four apartments. The building fronting 6th Street would be used for four apartments. Across from the subject property is the Jefferson Center. The City's recent update to the Outlook Plan recognized the importance of the Jefferson ' Center and the development surrounding the Jefferson Center to the vibrancy of the City's downtown district. The petitioners' rehabilitation of this parcel and its proposed use would enhance development along the Jefferson Center corridor. (, Because multi-family use is being requested on the _parcel, petitioner recognizes that a special exception from the Board of Zoning Appeals will be required. Your petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that they will abide by, the following condition: 1. Use of the property will be limited to (a) general and professional offices; (b) home occupation uses; (c) non-profit counseling facilities and services, excluding, however, drug rehabilitation and/or substance abuse programs; and (d) multi-family residential (so long as said multi. family use is approved by the Board of Zoning Appeals), Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. ( WHEREFORE, Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions ofthe Zoning Ordinance of the City of Roanoke. Respectfully submitted this 20th day of September, 2002. Respectfully submitted, Larry J. Conner Rhonda S. Conner By:~F~ of ounsel Maryellen F. GoodJatte, Esq. Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 (54D) 224-8018 - Telephone (540) 224-8050 - Facsimile c_ 2 c_() L ,(' POLE OLD 1\2" IRON PIN BEARS N 0.3'05' W 0.84' FROM CORNER 89'09' W, 41.0' , ,'\OLD 1/2" 5.2 IRON PIN 16.5' ALLEY SO""",, o /--. C/JC/) 1.9' 'it ~- UH) 0: . CJ "" I Q] 0 0 ~/4J ~ ~- z (): <.:l a.. 0:2" 1.1) :;J Z <( '-_'-U 0 I.I)O-u 0 ir ....J~o N <.>! ",,-::J~ w :;J :;J Ol VI :::t Q] - -.J -.J 0 ()l w ::: w 0 .. L..J I--~ Lvf?~ Lv (:) ~ CC I-- >-- fr. -J 0 v J 0:: II) L..J ~ ::r: 0::". 1--0 <.o~ SLOG. 0.1' CLEAR 13.9' Ar... ~ I , (,!o ~ U I OVERHEAD - Q: (J 0 II') I ELEC. LINE t:::/i ii af:;; !:if,. co 4J I ~f, C? >- ti 0 I II ;2~~ I } V)Zu L 00 BLOG " - u a1 N ON L/N'[ f, ~ v N r-.. ~ U) r-.. N fLUE 2 STORY fRAME BUILDING NO. 547 0,3 (UNOCCUPIED) LOT 13 v U) 24.1' PORCH 0", ~-1'+l': 010 C' -f6'( <"}' ." .(~ ~ ~ -' ~ ~ NAIL SET ?' VI "x1' ~ CONC.' 67.5' 8 COLUMN N 8T10' E- POLE C AMP BEL L A V E N U E, S . W . 50' R/W LEGAL REFERENCE: 0.8. 1595, PG. 1841 (MAP) CITY ENGR. FILE # 1076 TAX NO. 1112510 NOTE: THIS PLAT IS SUBJECT TO INfORMATION WHICH MAY BE DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY. NOTE: THE SUBJECT PROPERTY IS LOCATED IN fLOOD INSURANCE ZONE "X" AS DESIGNATED BY F.E.M.A. ( SURVEY FOR RHONDA CONNER OF LOT 12, BLOCK 16, MAP OF LOTS BELONGING TO FERDINAND RORER ' ROANOKE, SCALE 1" = 20' VIRGINIA JULY 9, 2002 .DAVLT)~. Bns; L.L.e. UNO S;1:J'RVEY1/!J,C 3 roO<A PETERS CRE6KlffJJ RQANOKf'VA 24iQJ9 N.8. 124 & 29 D~021 62 " .. 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The Roanoke Times Roanoke, Virginia Affidavit of Publication , The Roanoke Times ----~---------------------------------------------+------------------------ I 1 1 1 I 1 1 1 I I I 1 1 I, (the undersigned) an authorizedrepresent~tive 1 o~ the Tim~s-World Corporation, 'which corpor~tionl is publisher of the Roanoke T~mea; a daily I newspaper published in Roanoke, in the State of, 1 Virginia, do certify that the annexed notice was 'I published in said newspapers on the following I dates: I 1 1 1 I I , 1 I I 1 1 I 1 1 1 I 1 1 I I 1 1 I SETTLE, JAMES 919-B.WI,NONA AVE ROANOKE VA 24015 REFERENCE: 80076652 12884312 NPH-547 Campbell Ave State of Virginia City of Roanoke 'City/County of Roanoke, Commonwealth/State of ,Virginia: Sworn and subscribed before me this, __~ay of JANUARY 2012. Witness my hand and official seal. Notary Public ,,\\11111',/ ,I ^ I A I, ,,~\ OIoJ. ,... '-"1 Y. ~"" " ~ ...... ~ ' ~...'" ~\.., NOTARY'" ..'1-t-\ :: C() : PUBLIC ". -:. : * ;' REG. #7090930 ': * = : ' : MY COMMISSION: = \~"" t~~;S1:-~lf .... '.4_ .... .... ,<<;:. ...... '" ''70;); . . . . . . ~',' '1'1' tvEALTI-I \)\: ~,.... I'll, : ,', . , \ \ \ \ \ -. PUBLISHED ON: 01/06 01/13 TOTAL COST: FILED ON: 424.32 01/20/12 I~' -'------------,-- i NOnCE OF PUBLIC I HEARING : ; The Council of the City of Roanoke will hold a public , hearing on Tuesday, January 17,2012, at 7:00 p,m" or as soon thereafter as the mailer may be heard, 'In the Council Chamber. fourth floor. In the Noel C. Taylor Municipal Building, 215 Church Avenue, S:W., Roanoke, Virginia, to consider the followi.ng: Request from Krista Vannoy, on behalf ofJames Sellle as contract purchaser and the owner, David'Rao. to repeal the proffered condition accepted by Clfy Council by the adoption of Ordinance No. 36108-101502, as it i pertains to the parcel of ' land at 547 Campbell Ave" S,W" bearing Official Tax No. 1112510. The deletion 10f the proffer will allow the \ property to be used for any ,use permilled in the D, JDowntown' District. The (CO m pre h enslve pia n designates the property for 'Downtown Development, Residential and :Commerclal. The proposed use Is a mixed-use :developmenl. : Copies of the application are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S,W" Roanoke, Virginia. I All parties in interest and ,citizens may appear on the above date and be heard on 'the malter, If you are a /Iperson with a disability who needs accommodations for :this hearing, please contact the City Clerk's Office,.at 853-2541, before noon on the Thursday before the date of the hearing listed above. ' , GIVEN under my hand this i 4th day of January, 2012, . I Stephanie M. Moon, MMC City Clerk. i (12884312) 'i i)s . y- U\", It - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - -.~- - - - - - - - - - - - .J. :' Authorized ~;#: Signature:_ _ -~ ~.~-~-~.. . ;J t! .p T :;;,. C Billi~g Services Representative i I I :..' ~C,~ : '" c.~S'r. <(::~:~ C ~ "'2. ~li~"," ......'.1... .' ~::. C. _ ,~ !;-:--;:: ';" ~:Cj t. -; ::2:':;:[,-:-- t~: ~ ~- }.. \. ~~ "..:'~.-: ~. .;' 8!:'~ .:'::: :... -:;. :~ ~'... c.. ~ ;_' c :-:j:JJ'P .. - . ....: ....J -'~' ~{ ~ \ ,,0/ \'\\ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Tuesday, January 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Krista Vannoy, on behalf of James Settle as contract purchaser and the owner, David Rao, to repeal the proffered condition accepted by City Council by the adoption of Ordinance No. 36108-101502, as it pertains to the parcel of land at 547 Campbell Ave., S.W., bearing Official Tax No. 1112510. The deletion of the proffer will allow the property to be used for any use permitted in the D, Downtown District. The comprehensive plan designates the property for Downtown Development, Residential and Commercial. The proposed use is a mixed-use development. Copies of the application are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 4th day of January, 2012. Stephanie M. Moon, MMC City Clerk. K:ITalevilplanning commissionl Ipublic hearing noticesl547 campbell aye noph.doc Notice to Publisher: Publish in the Roanoke Times on Friday, January 6 and Friday, January 13,2012. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: J ames Settle 919 Winona Avenue, S. W. Roanoke, Virginia 24015 5940) 819-7446 C:\DOCUME-l\ckctl\LOCALS-1\Temp\notesElEF34\547 campbell aye noph.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M, MOON, MMC City Clerk JONATHAN E. CRAFT Deputy City Clerk January 9, 2012 CECELIA T. WEBB Assistant Deputy City Clerk James Settle 919 Winona Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Settle: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, January 17,2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municip-al Building, 215 Church Avenue, S. W., on the request of Krista Vannoy, to repeal the proffered condition as it pertains to the parcel of land at 547 Campbell Ave., S. W. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the January 17th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~ m"Mt>1)-yJ Stephanie M. Moon, MMC L City Clerk SMM:ctw Enclosure 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, MMC City Clerk o January 9, 2012 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, January 17,2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. TaylorMunicipal Building, 215 Church Avenue, S. W., on the request of Krista Vannoy, to repeal the proffered condition as it pertains to the parcel of land at 547 Campbell Ave., S. W. T~is letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. 'm,~~ Stephanie M. Moon, MMC City Clerk SMM: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, MMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk January 20,2012 Christopher P. Morrill City Manager I Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No, 39298-011712 providing for the conveyance of a portion of City-owned property known as a portion of the Countryside property, to James D. and Jerline S. Riddle, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 17, 2012; and is in full force and effect upon its passage. ecelia T. Webb Assistant Deputy City Clerk Enclosure pc: James and Jerline Riddle, 3542 Laurel Ridge Road, N. W., Roanoke, Virginia 24017 Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Philip Schirmer, City Engineer rv0C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39298-011712. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a portion of City-owned property, designated as a portion of Roanoke City Tax Map No. 6472302, (known as a portion of the Countryside property) to James D. and Jerline S. Riddle, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on January 17, 2012, pursuant to SS15.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a 6,374 square foot parcel of City-owned property, designated as a portion of Roanoke City Tax Map No. 6472302, (known as a portion ofthe Countryside property) to James D. and Jerline S. Riddle, owners of property located at 3543 Laurel Ridge Road, N,W., and adjacent to the property to be conveyed, for the purchase price of$1,912.20, upon certain terms and conditions, and as more particularly stated in the City Manager's report to this Council dated January 17, 2012. 2. All documents necessary for this conveyance shall be' in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. r' O-Convey portion of Countryside property. portion ofTM6472302.to James & Jerline Riddle.1,17,2012.doc / 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council January 17, 2012 Request for Sale of City-Owned Property, Being a Portion of Tax Map No. 6472302 Background: ( 'James D. and Jerline S. Riddle own and reside at the property located at 3543 Laurel Ridge Road, identified by Official Tax Map No. 6490605. By letter of interest, dated August 3, 2011, Mr. & Mrs. Riddle expressed a desire to purchase a 6,374 SF portion of the Countryside property (Official Tax Map No. 6472302). The land is located directly adjacent to their property. (See attached exhibit). The sale of this portion of property was specifically recommended by the Countryside Master Plan because it would "square off" Mr. & Mrs. Riddle's rear yard, thus resulting in a more harmonious relationship to future development and use of the Countryside parcel. The proposed action would have no identifiable adverse impact on future use of the remaining portion of the Countryside property, and would not enable the Riddle's to further subdivide their property. The Riddles have agreed to assume all costs related to the property conveyance, including the boundary survey and preparation of a subdivision plat to combine the acquired land with their existing parcel. The value of the land is established at $0.30 per square foot, resulting in the proposed sale price of $1,912.20. The value of the land reflects the current per square foot assessed value of the former golf course property. Recommended Action: Authorize the City Manager to execute a deed, and any other appropriate documents, approved as to form by the City Attorney, necessary to transfer a 6,373 square foot portion of Tax Map Number 6472302 to James D. and Jerline S. Riddle for consideration in the amount of $1,912.20. .~~Jft~Ul~_ Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director of Real Estate Valuation Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist ~ ~~ ~~ ~ 5! 0> ;cg ~~ 00 Oz ~Sil ::o~ f!I!=: o';!l:o 8$ tII..... ON c:(,l ZO ON ~g I'l 1;;(11 C Ol'l m=;; 5~ ~z o:i! I'l c ~ ~ ------------- i~~~I~~ !O!i ~~~~~~ lQ ~~$:S~ ~ ~g~~ 'Jjl:;t: · i~ ~ " "<:: rtf \ O~\)\ ~"'. \ I,J\. \ ~\\-\', '"'" \ ~-a\\ ~ \ "'~ <:" \ t'\. " )0 :::0 ~* -(II )0 :t11 .. I; ~I ;a t:J rn n .... 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I M; __ "C::O::O 5 ~~ , ;ijJD!~ ~zz~ UlCl Z I'l~c: C ~ z ~ 0 ::0 o ~ ~ ~ ~ - The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ---------~---~-----~------------------------------+-------------~~--------- I 1 I I I 1 1 1 1 1 I I ! I, (the .1mc;ler's;i...grl~dJ an authorized representative I .' -of- 'the"';i'i'mes - World Corporat i'on; whicn corpora'f io'n . r is publi,sher of' the Roanoke Times, a daily 1 ne~ipap~~Jpublis~ed in Roanok~; in the State 'Of 1 Virginia, do certify that the annexed notice was 1 published in said newspapers on the following I dates: I I I 1 1 1 I I r I ! 1 I I I 1 1 I I 1 1 I I 1 1 RIDDLE, JAMES AND RIDDLE, JAMES'AND 3542 LAUREL RIDGE ROANOKE VA 24017 JERLINE JERLINE ROAD, W REFERENCE: 87514044 ,12 8842 11, NPH-James and Jerlin State of Virginia City of ROanoke City/County of Roanoke, Commoni"ieaTt111S.tat'e'6f Viri~:\J1ia.. Sworrr'and subscr:i:be~ before me this ._.A..l)~day of JANUARY 201',2. Wltness my hand and of,:t:icial seal. .. NOt'c'ii'Y Public \IPHI/IIII ,\ LA I, "\'_1 ~ YI1.1/1 IIII' , Q'" . . .. .. - '1.iV " ...... ~ ..' f>-'0'< .... ...... ~.".. . .~\O\ \e ....... ~ ~ . '\ : \";0\) . ..,. ... :: er:. y>1J ()93()'. -:' = CO :' 1()9 \;\'. 4 -: : : '0'2-0. #' ~\'-l\\SS\() : '2 : -: ic ". ~J\'{ c,~\ S . f3 : '. . 0:::" ~ c: .... . .... ~........."" .... 04,1, .......,.. <0\ ,'" ',1' 1110A'IAlE ~\\\\ ..,.... I, IVVV r\ - ,\ 111111111111" PUBLISHED ON: 01/06 01/13 TOTAL COST: FILED ON: 393.12 01/20/12 I NOnCE, OF PUBLIC: : HEARING \ The City of Roanoke'i proposes to convey 6,3741 square feet of City-owneil' property to James D. and Jerline S, Riddle, designated, as a portion of Roanoke City Tax Parcel No.' 6472302, being a portion. of the Countryside property, which is adjacent to, property owned by James D, and Jerline S, Riddle at 3543 laurel Ridge Road, in the City of Roanoke, Pursuant to the requirements of ~~15,2-1800 and 1813, Code of Virginia (1950), as amended, .notlce is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above mailer at its regular meeting to be held on Tuesday, January 17, 2012; I commencing at 7:00 p,m., or as soon thereafter as the , mailer may be heard, In the I' Council CHambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S,W", Roanoke, Virginia, 24011, Further information is! available from the Office of, the City Clerk for the City of; . Roanoke at (540)( 853-2541, ' , Citizens shall have the' opportunity to be heard and express their opinions on said mailer. I . If you are a person with a disability who needs' accommodations for this hearing, please contact the City Clerk's Office at (540) 1853-2541, before 12:00 . noon on Thursday, January . 12, 2012, - . GIVEN under my hand this 3rd day of.January, 2012, Stephanie M, Moon, City Clerk : 1(12884211) h --------------------------------------------------~-----------~------------ Authorized ~~ ~~L,A'I... .:' Signature :'--/-14AJ.,& _____ _ '2V~tA-s1 Bill~~g ..-..~.._,_. ....., :.--....-t..--------- .. _______H_..... ,: ~:::. '"".:.;, L ,.;, ~:.. I '. I '~..::~~T :.;.t?sT' .( ~ q:.-:: }:~ 0 r ~l tlYl ilj:T.Ji' i ~) J T:S > I<1. T ;.: :~:r;~ :~~ ~-:. ,.~ ~j w J. \J , "_..":. 4.-;" . ~~~2C~TpGq ~G;~~G ,. '2 J..V~ C' ::::.13 S J.J q 1T~. ~~ . ,- ;~ ~.. .'; ::: , ,., ~- .- . ~ '-" 'i". '.l ....;-...... .'.,J 4 ...... ." .i ~- ~~~ ". r , ~ci 0~; L; -; .;: .~ Services Representative o):lc NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey 6,374 square feet of City-owned property to James D. and Jerline S. Riddle, designated as a portion of Roanoke City Tax Parcel No. 6472302, being a portion of the Countryside property, which is adjacent to property owned by James D. and Jerline S. Riddle at 3543 Laurel Ridge Road, in the City of Roanoke. Pursuant to the requirements ofSS 15.2-1800 and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, January 17, 2012, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office ofthe City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00'noon on Thursday, January 12,2012. GIVEN under my hand this 3rdday of January , 201~. Stephanie M. Moon, City Clerk Notice to Publisher: Publish in the Roanoke Times on Friday, January 6 and Friday, January 13, 2012. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S, W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to:. J ames and J erline Riddle 3542 Laurel Ridge Road, N. W. Roanoke, Virginia 24017 (540) 366-4156 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, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk January 20,2012 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 39299-011712 providing for the conveyance of a portion of City-owned property known as a portion of the Countryside property, to Kenneth L. and Roseanne C. Saunders, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 17, 2012; and is in full force and effect upon its passage. ecelia T, Webb Assistant Deputy City Clerk Enclosure pc: Kenneth and Roseanne Saunders, 2225 Mattaponi Drive, N. W., Roanoke, Virginia 24017 Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance . R. Brian Townsend, Assistant City Manager for Community Development Philip Schirmer, City Engineer ~G , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January,. 2012. No. 39299-011712. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a portion of City-owned property, designated as a portion of Roanoke City Tax Map No. 6472302, (known as a portion of the Countryside property) to Kenneth L. and Roseanne C. Saunders, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on January 17, 2012, pursuant to SSI5.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded' an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, .for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a 10,525 square foot parcel of City-owned property, designated as a portion of Roanoke City Tax Map No. 6472302, (known as. a portion of the Countryside property) to Kenneth L. and Roseanne C. Saunders, owners of property located at 2225 Mattaponi Drive, this ordinance by title is hereby dispensed with. O-Convey portion of Countryside property. portion ofTM6472302 to Kenneth & Roseanne Saunders.l,17 ,20 12.doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council January 17, 2012 Request for Sale of City-Owned Property, Being a Portion of Official Tax Map No. 6472302 Background: Kenneth L. and Roseanne C. Saunders currently own and reside at the property located at 2225 Mattaponi Drive, NW, identified by Official Tax Map No. 6431412. By letter of interest, dated August 30, 2011, Mr. & Mrs. Saunders expressed a desire to purchase a 10,525 square foot portion of the Countryside property (Official Tax Map No. 6472302) which is directly adjacent to their property. (See attached exhibit). The sale of this portion of property is beneficial to the City because it will result in less land that will need to be established as a naturalized area and the Saunders will assume maintenance of it. The proposed action would have no identifiable adverse impact on future use of the remai!1ing portion of the Countryside property. , The Saunders' have agreed to assume all costs related to the property conveyance, including the boundary survey and preparation of a subdivision plat to combine the acquired land with their existing parcel. The conveyance of the land would not enable the Saunders' to further subdivide their property. The value of the land is established at $0.30 per square foot, resulting in a proposed sale price of $3,157.50. The value of land reflects the per square foot assessed value of the former golf course property. Recommended Action: Authorize the City Manager to execute a deed, and any other appropriate documents, approved as to form by the City Attorney, necessary to transfer a 10, 525 square foot portion of Tax Map Number 6472302 to Kenneth L. and Roseanne C. Saunders for consideration in the amount of $3,1 57.50. -~J}1,-Uj~_ Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director of Real Estate Valuation Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist MATTAPONI DRIVE, N"~ 50' WIDE ~ \~-0-. . \~U' . -z.~ -' ~. \r.o 'Y .cP~' \-<>'~. . ~ -g,~ . \'. PROPERTY OF '0 KENNEm L It ROSEANNA C, SAUNDfRS \ . TAX 16431412 */ . INST. 1 040005734 )/( I.OT6S- U,933SQUAREFEET, / FROMPARCEI.S2-1O,525SQUAREFEET / . LOT 6B-1- 25,458 SQUARE FEET . L / \ / 'to ~i\ 0/ \ ~ / ~.~I\ \ / ..~ \ \ ~, r/,(S \ @ r,~ / 1/2" PIN / ~~'\ @FOUND ~'J,' / @I.!. / ~ ~~ OJ-)l s<,; Q,CJ'/ PROPERTY OF I ;-\ / mf CITY OF ROANOKE. VIRGINIA ~ 'Q' TAX # 6472302 / #~Q,<9/. INST. 1050018538 / S~ :\ \: PARCEl. S2A . 115.9875 ACRES I ,~(.~<v~/ PARCE[DJJ1:~-:t11JJf;~CRE$ <v'?-s"/ SEEPAGE 2 FOR ENTIRE PARCEL \ ~:; \ ~~ .-> "" . ~~? ~"S::... ..".Ou> \ <. ~~~ ~~. ...........-> ~\,A \2" O'lo ~ \ ~ ".pt . ~~~ ~\:\- ~ 0 "" -,~t<' \ o '"'" ..-::..... t<"l ~~~ \ "\~ -t;. ~ ~ ~... ~ LOT6A PROPERTYOF SHAORACK BROWN, JR. & SHIRL.EY Go BROWN TAX# 6431406 /NST. # 030020720 " ........... a PIN WITH I.!.; CAP FOUND C3 ~ ~~ :\ :\~ Q,c,. / \) 'Q. / \)c, /(I' /<(\)/(I 18 / /,~ ~<v~/ / / <v'?-J / I- /@ PIN FOUND / IN CONCRETE 6' TELEPHONE &' ELEG TRIG EASEMENT (P.B. 6, pc. 93) The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+-----~----------~~~~---~ I 1 1 1 I I I I I I 1 1 1 I 1 1 1 I I I I I I I I 1 I 1 1 I ) 1 1 1 1 I I I I I 1 1 I SAUNDERS, ROSANNE 2225 MATTAPONI DR ROANOKE VA 24017 REFERENCE: 80164155 128842,74 " NPH'--Kenneth and Rose State of Virginia City of Roanoke 'f , I I NOnCE OF PUBLIC i I - HEARING, ; " The City of Roanoke' proposes to convey 10,525 ; square feet of, City-owned property to Kenneth L. and I Roseanne C. Saunders ' designated as a portion 01 ; Roanoke City Tax Parcel No ' ' ,64l2302, being a portion i of t~eCountryside property : ,WhiCh Is ad~.acent t~ i 'I ","ii!lM ,property owned by Kenneth' IL. and R 0 sea n ri e C. IS a u n d e r sat 2 2 2 5: :Mallaponi Drive, NW, in the' ,City of Roanoke, ' I Pursuant to thel [r e q ui rem e n t s 0 f ' 19915,2-1800 and 1813 Code of Virginia (1950),aS', a!"ended, notice is hereby given that the City Council: lof the City of Roanoke will ihold a pUblic hearing on the: ,above,maller at its regular, ,meeting to be held on ,Tuesday, J!lnuary 17, 2012,1 Icommencrng at 7:00 p,m.,i lor as'soon thereafter as the," mailer may be heard in the Council Chamber~, 4th' Floor, Noel C. Taylor Municipal BUilding, 215 Church Avenue, S.W.! Roanoke,.Virginia, 24011.' Further information Is' available from the Office Of the City Clerk for the City of Roanoke at (540)' 853-2541. i Citizens shall have the' opportunity to be heard an'd' express their opinions on', said maller, : . If you are a person with a. disability who needs' .. accommodations for this' hearing, please contact the! City Clerk's Office at (540)1 :853-2541, before 12:00: Inoon on Thursday, January 112, 2012, I GIVEN under my hand Ithis3rd day of January 12012. ' i Stephanie M Moon: .. ciiy Clerk~ I, (the undersign~d) an authorized representative -6f' the Tiilies~W6ild Corporatioh, which c6ipotat~6n is publisher of the Roanoke Times, a daily newsp~per published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/S~ate -b~ Virginia. Sworn and subscribed before m~'this __~ay: of J NUARY 2012. Witness myhan:d and icial seal. PUBLISHED ON: 01/06 01/13 TOTAL COST: FILED ON: 405.60 01/20/12 1\11111"" ,\ ALA "I ,\ ,/ 'J ~ ~ ...... -\0' rA_ " , ~,-- ...... ''''7.. ~ :/ ~\.., NOT ARY.... .'11-- ....-:. :: C();. PUBLIC ". -:. ~ * :' REG. #7090930 : * ~ ; : MY COMMISSION : '<<:' ~ -:.0'. ~~~~- , 0 00 . -..:---....:: ......~._- _..~...... """ ';?O~ '. ~ . .. . - " '-\' ,-,'" "'1 /1/f:At.LTU\)\: ....,.... , .... I f\ \ \ IIIIIIS;\~'" '- , I 1(12884274) i --------------------------------------------------+------------------------ Billing Services Representative ff)2C NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey 10,525 square feet of City-owned property to Kenneth L. and Roseanne C. Saunders, designated as a portion of Roanoke City Tax Parcel No. 6472302, being a portion of the Countryside property, which is adjacent to property owned by Kenneth L. and Roseanne C. Saunders at 2225 Mattaponi Drive, NW, in the City of Roanoke. Pursuant to the requirements of SS 15.2-1800 and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, January 17, 2012, commencing at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please pontact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, January 12, 2012. GIVEN under my hand this 3rd day of January ,201R Stephanie M. Moon, City Clerk Notice to Publisher: Publish in the Roanoke Times on Friday, January 6 and Friday, January 13,2012. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Kenneth and Roseanne Saunders 2225 Mattaponi Drive, N. W. Roanoke, Virginia 24017 (540) 265-3934 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cIerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk January 20, 2012 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 39300-011712 providing for the conveyance of a parcel of City-owned property to the Virginia Department Transportation (VDOT), in order for the property to be used as a right-of-way for the construction, maintenance and/or operation of a public street improvement project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 17, 2012; and is in full force and effect upon its passage. Cecelia T. Webb Assistant Deputy City Clerk Enclosure pc: Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Philip Schirmer, City Engineer Mark Jamison, Manager of Transportation t)~L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of January, 2012. No. 39300-011712. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property;designated as Roanoke City Official Tax Map No. 4111601, to the Virginia Department of Transportation (VDOT), in order for the property to be used by VDOT as a right of way for the construction, maintenance and/or operation of a public street improvement project; upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on January 17, 2012, pursuant to MI5.2- 1800 and 15.2-1813, CodeofVirginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a parcel of City-owned property, designated as Roanoke City Official Tax Map No. 4111601, to VDOT, in order for the property to be used by VD9T as a right of way for the construction, maintenance and/or operation of a public street improvement project, specifically, the 13th StreetIHollins Road Improvement Project, State Highways Project UOOO-128-113, RW-202, for the purchase price of $6,275.00, upon certain terms and conditions, and as more particularly stated in the City Manager's report to this Council dated January 17, 2012. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney, 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. O,Convey TM4111601 to VDOT for 13th St-Hollins Road Improvement Project.I,17,2012.doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council January 17, 2012 Request to Sell a City-Owned Vacant Property Also Known as Tax Map No. 4111601 to Virginia Department of Transportation (VDOn for a Street Improvement Project Background: The Virginia Department of Transportation (VDOT) is in the process of acquiring rights of way for the construction, maintenance and/or operation of a public street improvement project, specifically, the 13th Street/Hollins Road Improvement Project, State Highways Project UOOO-128-113, RW - 202. The final project plans show that the above mentioned vacant City-owned property is needed for this project. VDOT seeks to acquire the property to use for the construction, maintenance and/or operation of the referenced street improvement project, including any components thereof, but not limited to, storm water management systems, drainage systems, traffic control equipment, curbs, gutters, sidewalks and bike trails. Where it is necessary to the construction, maintenance and/or operation of the referenced project, the property may be used for the relocation, installation, improvement or maintenance of a utility service provided by a public utility provider, or for the relocation, installation, improvement or maintenance of railroad facilities. VDOT had the property appraised on June 14, 2011, and has concluded the market value of the property is $6,275. This value is reasonable given the City's assessment of the property of $5,600. Recommended Action: Authorize the City Manager to execute a deed, and any other appropriate documents, approved as to form by the City Attorney, necessary to transfer vacant- Tax Map Number 4111601 to Virginia Department of Transportation (VDOT) for consideration in the amount of $6,275. c~!fk.Ul~_ Chris-topher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director of Real Estate Valuation Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist .NonCE OF PUBLIC HEARING The'Roanoke Times The City of Roanoke - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - + - ~ - - - - - - - - ~~Ot~~:~~~~~n~~~;e~~;Ct~ _ _ I ' the Virginia Department of Tra.nspo~tatlon (VDOT). 1 designated as Tax Map No. i 4111601, in order for the ,I property to be used by 1 VDOT as a right of way for the construction 1 maintenance and/or operation of a pUblic 1 transportation facility specifically, the 13th 1 Street/Hollins Road I~provemen.t Project, State 1 H I g h -way s Pr oj e c t UOOO-128-113, RW - 202 1 This conveyance shall als~ Include any components I thereof such as, but not, .limited to, storm water j 1 management systems I drainage systems, traffi~ 1 control'equipment, curbs I gullers, sidewalks and bike trails, Further, the property I may be used for the, relocation, installation, I 1 Improvement or maintenance of a utility! I ser~lce provided by a public ' I utility provider, or for the relocation, installation ' imp r 0 y-e men t,. 0 ; , 1 maintenance of railroad I facilities. Pursuant to the Ire q u i.r e m en t s 0 f H15,2-1800 and 1813 1 Code of Virginia (1950) as amended, notice is hereby I given thallhe City"Council 9U~.eSJlY of Roanoke,will 1 hold a'p~blic hearing on 'the' 1 above mailer at its regular: meeting to be held onl I Tuesday, J!lnuary 17, 2012,' ~ommencrng at 7:00 p.m.,: I rn the Council Chambers 4th Floor, Noel C, Taylor' I' Municipal Building, 215 Church Avenue, S,W., .1 , Roanoke, Virginia, 24011. ), Further information is' ':!'!"<:,, available from the Office of " I." the City Clerk for the City of . Roanoke at (540) 853-2541. !' Citizens shall have the 1 opportunity to be heard and express.their opinions on 1 said maller, If you are a person with a I disability who needs accommodations for this 1 hearing, please contact the City Clerk's Office at (540) I 853-,2541, before 12:00 1 noon on Thursday, January 12, 2012, I GIVEN under my hand th"s 3rd day of January, 2012. I Stephanie M, Moon I I City Clerk ' I E2884295) 1 I The Roanoke Times Roanoke, Virginia Affidavit of Publication ECONOMIC DEVELOPMENT 117 CHRUCH AVE SW ROANOKE VA 24011 ADMINISTRAT REFERENCE: 80084300 12884295 NPH-Conve.yanc~ to VD State of Virginia City of Roanoke I, (the un,dersigned). anauthori zedrepresent'a t'i ve of the Times-World Corporation; which corporation is publisher of the ~oanoke Times, a daily newspaper publish~d in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the foLlowing dates: City/~6tinty of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ~__...t:~'ib1ay of JANUARY 2012, Witness my hand and of'fi'cial seal. PUBLISHED ON: 01/06 "'11/1/',,, " '( A I ,,1/1', ...\\) L.J-j i~ " " ~\~.""'" i /.1 ' " L"')....r- . . 1-' ~ ...... M- ..' NOTARY'.. :;"., ".. ... ""'<.J . . ~., .... :: : PUBLIC '. 1/ -:. 01/1~*;- REG. #7090930': *; ; C':. MY CEC50~~~31I1~SSION f = -:. 0., ,~,,~" }If:;: ~ ~ -:.~, '. ~ -'-:,:J,~':- ......'70. ", " 0..':5 ..::- .,~ '/f//,1,......,. ,-\\'-'...' ~; ~"FAi -,' ,~S' ........ "11.~!!1 ~-,,' \\\' "1 ~: P ~. '\ TOTAL COST: FILED ON: 524.16 01/20/12 ~~It - t'1 f,i --------------------------------------------------+--------------~~-------- l;J Billing Services Representative co'\:-'" . -"1'- Q~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey a parcel of City-owned property to the Virginia Department of Transportation (VDOT), designated as Tax Map No. 4111601, in order for the property to' be used by VDOT as a right of way for the construction, maintenance and/or operation of a public transportation facility, specifically, the 13th Street/Hollins Road Improvement Project, State Highways Project UOOO-128-113, RW - 202. This conveyance shall also include any components thereof such as, but not limited to, storm water management systems, drainage systems, traffic control equipment, curbs, gutters, sidewalks and bike trails. Further, the property may be used for the relocation, installation, improvement or maintenance of a utility service provided by a public utility provider, or for the relocation, installation, improvement or maintenance of railroad facilities. Pursuant to the requirements of 9915.2-1800 and 1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, January 17, 2012, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. \ If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, January 12, 2012. GIVEN under my hand this 3rd- day of .T;:mn~ry ,2012.. Stephanie M. Moon City Clerk Notice to Publisher: Publish in the Roanoke Times on Friday, January 6 and Friday, January 13,2012. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Cassandra Turner Economic Development Specialist 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-6439