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HomeMy WebLinkAboutCouncil Actions 01-07-13BESTPITCH 39561- 010713 I ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY COUNCIL ROANOKE CITY SCHOOL BOARD JANUARY 7, 2013 9:00 A.M. CITY COUNCIL CHAMBER ROOM 450 AGENDA Call to Order -- Roll Call. • City Council — Council Member Trinkle absent. • School Board — School Board Members Huff, Moore and Putney absent. 2. Welcome and Opening Remarks. • Mayor David A. Bowers This morning meetings and briefings will be televised live and replayed on RVTV Channel 3 on Friday, January 11 immediately following the 2:00 p.m. session at 7:00 p.m.; and Sunday, January 13 at 4:00 p.m. Council Meetings are offered with closed captioning for the hearing impaired. • Chairman David B. Carson 3. City Council /School Board Items for Discussion: • Legislative Update (City Attorney) • School Safety (Mayor Bowers) • Year -round Schools (Council Member Bestpitch) • Subject Matter Experts as Elementary School Teachers (Council Member Bestpitch) 4. Comments by Council /School Board Trustees. 5. Recess /Adjourn — 10:27 A.M. RECONVENED AT 10:46 A.M., TO DISCUSS THE FOLLOWING AGENDA ITEMS A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. (6 -0) A communication from Council Member Anita J. Price, Chair, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the mid -year performances of the City Manager, City Attorney and City Clerk, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. (6 -0) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property located at the Roanoke Centre for Industry and Technology, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. (6 -0) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION /CLARIFICATION AND ADDITIONS /DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. BRIEFINGS: • Real Estate Reassessment for - 45 minutes Fiscal Year 2013 -2014 • Fiscal Year 2013 BudgeUFinancial - 30 minutes Planning Work Session • Parks and Recreation Foundation - 15 minutes Formation AT 12:35 P.M., THE COUNCIL MEETING WAS RECESSED FOR A CLOSED MEETING AND RECONVENED AT 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 5 ROANOKE CITY COUNCIL REGULAR SESSION JANAURY 7, 2013 2:00 P.M. CITY COUNCIL CHAMBER FCT;TkT 1 1. Call to Order- -Roll Call. Council Member Trinkle absent. The Invocation was delivered by The Reverend Tim P. Harvey, Pastor, Central Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, January 11 at 7:00 p.m., and Sunday, January 13 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. 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, CLICK 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 BY THE 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. ACCEPTING APPLICATIONS FOR TWO UPCOMING VACANCIES ON THE ROANOKE CITY SCHOOL BOARD FOR THREE -YEAR TERMS OF OFFICE COMMENCING JULY 1, 2013 AND ENDING JUNE 30, 2016. INFORMATION PERTAINING TO THE SCHOOL BOARD PROCESS AND APPLICATION FOR APPOINTMENT ARE AVAILABLE ON THE CITY'S WEBSITE AND IN THE CITY CLERK'S OFFICE. DEADLINE FOR RECEIPT OF APPLICATIONS IS MONDAY, MARCH 11, 2013. FOR QUESTIONS AND /OR ADDITIONAL INFORMATION, PLEASE CONTACT CITY CLERK'S OFFICE AT 853 -2541. THE CURRENT SCHOOL BOARD TRUSTEES ARE ANNETTE LEWIS AND SUZANNE MOORE. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of eligible City employees with 30, 35 and 40 years of service during the calendar year of 2012. The following individuals were presented a plaque for 30 years of service: Henry English, Police; Mark Hartman, Circuit Court; James Hurt, Solid Waste; Clayton Martin, Fire -EMS; Patricia Palmer, Social Services; Sheila Umberger, Director of Libraries; and Viola Walker, Social Services. The following individuals were presented a plaque for 35 years of service: Marvin Alexander, Solid Waste Management; Don Caldwell, Commonwealth Attorney; Teresa Edwards, Department of Technology; Donna Johnson, Department of Technology; Stephanie Moon, City Clerk; Meg Munton, Engineering Department; Stephen Sutherland, Sheriff's Department; and Robert Swain, Transportation Division The following individuals were presented a clock and a ceremonial copy of proclamation for 40 years of service: Retired Officer Harold Wallick, Roanoke City Police Department and Lawrence Taylor, Fleet Management Division. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. George Riles appeared before the Council and requested a meeting with the City Attorney to discuss Roanoke City youth recreation. 4. CONSENT AGENDA (Approved 6 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C -1 Minutes of the regular meeting of the Council held on Monday, November 19, 2012. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, January 22, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the lease of approximately 0.3664 acres of land located on the northeast corner of 13th Street and Cleveland Avenue, S. W., to the Roanoke Community Garden Association, Inc., for the operation of a community garden. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Attorney with regard to a citizen request to adopt a measure supporting an amendment to the United States Constitution. RECOMMENDED ACTION: Received and filed. C -4 Reports of qualification of the following individuals: James M. Bullington as a City representative of the Roanoke Valley - Alleghany Regional Commission to fill the unexpired term of Jay Foster ending June 30, 2015; Gregory W. Feldmann as a City representative of the City of Roanoke Pension Plan, Board of Trustees, to fill the unexpired term of Jeffrey Rakes ending June 30, 2013; Lora J. Katz as a member of the City Planning Commission for a four -year term of office, commencing January 1, 2013 and ending December 31, 2016; and Benjamin S. Crawford as a member of the Roanoke Arts Commission to fill the unexpired term of Scott I. Burton ending June 30, 2014. MMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds for grants from the Virginia Department of Fire Programs for Fiscal Years 2012 and 2013 to be used by the Roanoke Fire -EMS Department. Adopted Resolution No. 39561- 010713 and Budget Ordinance No. 39562- 010713 (6 -0). 2. Transfer and reallocation of funds in connection with completion of the Aviation Drive and Towne Square Intersection Improvement Project. Adopted Budget Ordinance No. 39563- 010713 (6.0). COMMENTS BY CITY MANAGER. New Director of Planning Building and Development • Chris Chittum has been named as the Director of the Planning, Building and Development Department after a national search that resulted in 56 applicants for the position. • Chris will be responsible for leading Code Enforcement, Planning and Neighborhood services, Development Review, Building Inspections, and the HUD Community Resource Team. He will also serve on the city's Leadership Team. • He brings to the job 22 years of experience in planning and community development at the local government level. • He has been with the city since 1993, and most recently served as Planning Administrator, managing all operations of the 17- member Planning Division team, including long -range planning; policy formulation and implementation; and administration of zoning, subdivision, storm water management, and erosion and sediment control ordinances. He has also provided support to the Planning Commission, Board of Zoning Appeals, and Architectural Review Board. • Chittum's new position will be effective Tuesday,January 8, 7 City receives highest ISO rating • On January 3, 2013, Insurance Service Office (ISO) notified the City of Roanoke's Building Commissioner that the city has received a Grade 1 for commercial properties and Grade 2 for residential properties. • Only four communities in the nation received a Grade 1 rating in commercial properties and none in Commonwealth of Virginia. • This information is shared with the insurance underwriters and premium development programs for residential and commercial properties, and has the potential to make residential and commercial property insurance premiums lower. The anticipated upshot: safer buildings, less damage, and lower insured losses from catastrophes. • Recent accreditation propelled the Building Inspections Division to this level of administering the Code and earning these evaluations. • ISO is a national advisory organization that assists local governments by collecting information on municipal services to help communities with their efforts to manage and mitigate their risk. • ISO assesses the building codes in effect in individual communities and how those communities enforce their building codes. The assessments place special emphasis on mitigation of losses from natural hazards. Career Lifestyle and Financial Fitness Fair . Tuesday, January 8 from 8:30 a.m. to 12:30 p.m. • Roanoke Civic Center, Special Events Center • Admission to the fair for attendees and exhibitors /vendors is free. • The event provides the opportunity for job seekers to meet face -to -face with employers to learn of available positions and the best way to proceed with the application process. • Sponsored by WDBJ7, The Renick Group, National College, Roanoke Valley Society for Human Resource Management, the City's Department of Economic Development, the County of Roanoke, and the City of Salem. • More than 50 organizations will be represented at the event. 8 b. CITY ATTORNEY: 1. A resolution establishing an ad hoc Election Precincts Task Force. Adopted Resolution No. 39564- 010713 (6 -0). C. DIRECTOR OF FINANCE: 1. Authorization to issue not to exceed $70 million principal amount in refunding bonds on or before June 30, 2014 in order to proactively manage and pursue additional refunding opportunities. Adopted Resolution No. 39565- 010713 (6 -0). 2. Financial Report for the month of November 2012. Received and filed. 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Ordinance No. 39557, on second reading, to vacate an approximately 1,201 square foot portion of the alley adjacent to with 1124 16" Street, S. E. Adopted Ordinance No. 39557- 010713 on second reading (6 -0). 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Ferris encouraged participation in the Roanoke 100 Miler that had begun on January 7 and would continue until April 15. He said that over 800 participants from at least five states had registered to complete 100 miles of activity in 100 days. He stated that more information was available at www.roanoke100miler.com. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. At 3:02 p.m., the Council meeting recessed for continuation of Closed Meetings in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 4:35 p.m., the meeting reconvened in the Council Chamber. 9 CERTIFICATION OF CLOSED MEETING (6 -0) Appointed David Lake to replace Eddie Wallace and reappointed Kee Bolling for terms ending June 30, 2015 and appointed Thomas Turner (zoo representative) to fill the unexpired term of Richard Walters for a term ending June 30, 2013, as Members of the Mill Mountain Advisory Committee. Appointed the City Manager, Director of Finance and Director of Human Resources as ex- officio officers and Sherman Stovall, Assistant City Manager for Operations, and Andrea Trent, Assistant Director of Finance, as members of the Defined Compensation Board. Waived City residency requirement for Ms. Trent. (6 -0) 12. ADJOURNED -4:40 P.M. 10 CITY OF ROANOKE CITY COUNCIL u � 215ChurchAvevue.S.W- 'r-! Tol( Trylor Municipal Building. Suite 456 c Roanoke, V,gru. 24011 -1536 _— 'Felephonc (540) 553 -2541 DAN ID A. BOW ERS Fax (540) 853 -1145 Al ayor January 7, 2013 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members Wiliam D. Bestpdah Raphael E. 'Ray" Ferris Sherman P Lea Anita 1. Price Court G. Rosen David B. Trinkle This is to advise you that I will not be present at the 9 a.m. and 2:00 p.m. sessions of Council on Monday, January 7, 2013. Best wishes for a successful meeting. Si erely, (f / 4�#- � Wrm le Council Member DBT /ctw ,. CITY OF ROANOKE /t i° ` OFFICE OF THE CITY CLERK , 215 Church Avenue, S.W., Suite 456 tr � ( . � Roanoke, Virginia 24011-1536 :1 Telephone: (540)853-2541 Fax (540)853-1145 STEPHANIE M.MOON,MMC E-mail. clerk roanokevagov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB January 18, 201 3 Assistant Deputy City Clerk Christopher P. Morrill Ann H. Shawver City Manager Director of Finance Roanoke, Virginia Roanoke, Virginia Dear Mr. Morrill and Ms. Shawver: At the joint meeting of the Roanoke City Council and Roanoke City School Board held on Monday,January 7, 2013, Council Member Ferris requested information from First Cities of Virginia and surrounding localities as to the amount of funding spent on public education, above and beyond what is provided by the Commonwealth of Virginia. For your information, I am attaching a copy of the transcript outlining said discussion. Sincerely, Stephanie M. Moon, MMC _ City Clerk Attachment pc: Daniel J. Callaghan, City Attorney Sherman M. Stovall, Assistant City Manager for Operations Amelia Merchant, Director, Office of Management and Budget Dr. Rita Bishop, Superintendent, Roanoke City Public Schools Cindy Poulton, Clerk, Roanoke City School Board EXCERPT FROM JOINT MEETING OF COUNCIL AND SCHOOL BOARD HELD ON MONDAY, JANUARY 7, 2013, REGARDING ITEMS FOR DISCUSSION INVOLVING FINANCES. Chairman Carson: I appreciate your comments and I think we as a School Board always try and keep Council up to date on issues that we call the Kroger issues, the issues we don't want any of you stopped in a line at a check out counter and say hey we heard such and such and kind of in a more global way we are and remain concerned going forward about finances. Financial concern isn't today and I shutter to think where we as a School Board would be without the support that Council has given us to date and ongoing. We've had this discussion before and what I say is if we can get the State standing right behind each of you, that would be the group I'm speaking to. Every year Council has done more and more for the school system with limited resources--that necessarily mean the more you give of the school system, the more you're taking away from other perfectly worthy and needy groups. So all of our issues, school system issues, and there's nothing in Roanoke City in particular, all of our issues, financial and otherwise, would be taken care of if the State stepped up and did what it needs to do. That is a truism. So we could end the conversation right there -- if we were not being funded this year at 2005 or 2006 levels, is that right? This year in 2013 if we were not being funded at 2005 and 2006 levels we would have zero financial issues. The reason we don't have financial issues right now is because this Council stepped up and increased the funding formula and enacted the Meals Tax, which has given us a cushion from which we are suspending right now and no one should ever lose sight of that fact. So if the State, in a year or in two years, decides to step up and do what it needs to do, then I do not foresee an issue. If the status quo remains, then there will be an issue because we won't have anything from which to deficit spend. That is the punch line and from the program that Dr. Bishop mentioned -- 60 Minutes last night there came a point which Apple was about to go under and Steve Jobs approached that fellow and said now is the time when you double down. Now is the time when you say we're absolutely down at the bottom of the bottom and now you double down and that's what this City did on this school system. We had a 50 percent graduation rate, a 50 percent accreditation rate and everybody had written us off and Council doubled down and we now are approaching an 80 percent graduation rate, 100 percent accreditation and we're sending all of our high school graduates to college for free for two years and it's only going to get better. So there will come a point which you decide do we double down again? Do we not? Do we keep hoping the State does what it needs to do? That will remain my hope realizing all of the problems and all of the needs that this Council has of which there are many and of which this school system doesn't fully, cannot fully appreciate because we're not in your shoes. But, the present course of deficit spending cannot continue. 1 Council Member Ferris: It's interesting you refer to these as Kroger issues because that's exactly what they are or Food Lion or wherever you happen to be. They want to talk about funding. And certainly in the guise of understanding what we're spending and what we need to spend, because that's, you know, that's really a double edged sword. We had a complicated funding formula several years ago and it had grown out of necessity because nobody really ever sat down and addressed how the schools ought to be funded; and with the guidance of Mr. Morrill and Ms. Shawver, and of course Mr. Baker, everybody sat down two years ago and decided what we needed to do was dedicate x percentage of the city's revenue to the school system and that's what they're going to have as their budget. It was 36.64 percent or whatever the percentage was, plus a dozen or more adjustments to a straight 40 percent of City revenues dedicated to the Roanoke City Schools and that's how the funding was going to be handled. In doing that, we were hopeful and are still hopeful that as the economy expands, as the economy rebounds and as our local economy hopefully gets healthier, the schools will be able to predict what kind of income they will have when we try to figure out what the expenses are •oin• forward. In that li.ht, And I agree with you Mr. Carson, the State needs to do what it is constitutionally required to do -- that is -- support public school systems and to adequately fund that system. You absolutely cannot continue at 2005/2006 funding levels with the added requirements and the increase in expenses that we've seen. I certainly absolutely agree with regard to the other part of these Kroger issue as you referred to it, funding for the arts and the like. We own the Zoo--the Zoo belongs to Roanoke City, that's part of the Mill Mountain complex; and certainly, we have to pay attention to that. We don't own the Taubman--Roanoke City does not own the Taubman. We own the Jefferson Center, we have to maintain it, and it's one of our assets. We absolutely cannot, in my mind, impose upon the citizens of the City of Roanoke a burden that they didn't assume. The Taubman and other arts organizations are going to have to come to grips with the fact that when they created whatever it is that they created, they didn't for whatever reason foresee that they needed to have funding for, you know, for long term goals and to simply live hand to mouth is not the way these things can be. I think that realization is beginning to hit with several of our nonprofits. But in the scheme of things, if we're going to prioritize, education has to be the priority. That's where we need to look--40 percent isn't doing it--we need to look across the board and see what it is going to take to do it. But I can't tie the system or issues that we have with funding education with the arts. While the arts certainly contribute to education in many ways, those two issues are separate issues for me. There is no endowment in any of our local nonprofit art organizations and that needs to be addressed. 2 The City has been very generous in the past in what we have spent and what we have contributed to these organizations. I think we need to take a longer term view, and certainly you know, that's kind of deviating away from the focus, which the focus of our meeting needs to be today, on education; and in that vein, I would like to know where we stand number 1 and number 2, whether if the State does what they need to do. Mr. Carson, you are satisfied that the funding level is sufficient? Chairman Carson: I think I'm speaking off the top of my head now, Ray, but I think the 40 percent funding formula was based on the premise that it was absolutely sufficient for what we need assuming the State kept up. Not only has it not done that but it regressed and the only reason we have not regressed financially is because of you all. So I think your point is do we keep chasing our tail or don't we? And I don't know the answer to that. And it's not an issue that we have to cross today or next month or even this budget season but rather than hitting you all a year from now with, okay, we're in soup. If the State government doesn't step up responsibly as we're trying to do, we better point out that I don't hear any talk from Richmond about adequate funding of education but to the contrary, what I hear is last year a great big State focus on increasing the funding to K-12 education. Well, it was a shell game because while some revenues were increased, primarily lottery revenue came to K-12 education. The State's direct funding to education decreased and wouldn't you know it was in just about identical amounts. When we were told we had to pay additional money for several years, that was money out of our pockets. So rather than getting increased State funding last year, K-12 education in Roanoke City got less. So it's an unanswerable question right now. To your initial question -- if the state was to fund at the historic levels, would we be okay insofar as what Council is doing for us--the answer in my mind is unequivocally, yes! Ferris: and we won't know where we are until June and certainly we will have another meeting in August. And one of the good things is we get updates monthly quite frankly on the funding. So we can see when those reserves start to dwindle quicker than they're being replenished. The reason it's such a complicated issue is if we have a rebound in the economy and we continue to see the growth that we've seen in revenues which is really the expenses side for the City have increased I think faster than what we expected them to and we'll address that later. But this is something that we're just going to have to keep looking at periodically. It's not something that we know 18 months from now we're going to be out of money. Is that a pretty good summary? Chairman Carson: Absolutely. Because a lot has to happen between then and now, but your point is well taken. 3 December 20, 2012 Closer look: Proposed amendments to 2012 -2014 budget Note: VML legislative staff compiled the following material from the proposed amendments to the 2012 -1014 budget submitted by Gov. Bob McDonnell on Dec. 17 For once Yogi Berra is wrong. Gov. McDonnell's budget proposal is not another round of dejA -vu all over again. A number of the governor's budget amendments address issues important to local governments— "aid to the commonwealth," wastewater cleanup, stormwater management, and teacher salaries. This summary provides a general overview of the resources available to the governor and the issues of greatest interest to local governments. Economic Assumptions and Revenue Figures The state general fund relies heavily on income and sales taxes. Fluctuations in employment and personal income usually determine a good year of revenue collections from a bad one. Now in the third year of economic recovery, Virginia's job growth is projected to increase by 1.2 percent in FY 13 and by 1.4 percent in FY 14. Personal income is expected to grow by 3.4 percent this fiscal year and by 4.1 percent the following year. The governor's advisors in the new December forecast predict 3.6 percent growth in general fund revenue this fiscal year over last fiscal year. In FY 2014 the general fund is projected to increase another 3.8 percent. In terms of dollars, the McDonnell December 2012 forecast assumes in FY 2013 an additional $111.0 million in general fund revenue over the official forecast from December 2011. In FY 2014, the new forecast assumes a modest increase of $6.6 million of general fund dollars over the forecast of a year ago. Here are the major changes in revenue sources. Comparing December 2012 and December 2011 Revenue Forecasts $s in millions Biennial Change from December General Fund Revenue Source 2011 Individual Withholding Income Tax ($59.3 Individual Non-withholding (Income Tax $130.5 Individual Refunds (Income Tax) $266.0 Sales Tax $12.9 Corporate Income Tax $132.5 Recordation Tax $27.2 Perhaps of greatest interest to localities is the forecast for recordation taxes, which is a reliable indicator of real estate activity. The governor's budget amendments assume an annual increase of $13.6 million over the amounts projected in last December's revenue forecast. That amount was $322.9 million in each year of the biennium. Total general fund resources, including revenues and transfers of special funds to the general fund, are forecast to increase by $116.9 million for the biennium -- $110.9 million in FYI and $6.0 million in FY14. Overall Spending and Reductions The introduced budget includes a net increase in spending of $211.4 million in the operating budget. There are 150 amendments that cut spending by a total of $524.3 million. Targeted savings of $92.7 million came from McDonnell's direction to state agencies to develop 4 percent savings plans, including $12.2 million from eliminating the Cost of Competing for support positions within the Standards of Quality in FY14 and $9.9 million from reducing "fraud, waste and abuse by enhancing data collection and analysis" in the Comprehensive Services for At -Risk Youth and Families. The bulk of the spending cuts -- $431.6 million — come from technical and policy changes, and the Affordable Care Act. Of interest to localities is a $9.0 million transfer from the Literary Fund to pay the state's share for school employment retirement. The state previously relied on general fund money for this purpose. There is also a general fund cut of $51.2 million in Direct Aid to Public Education comprised of swaps between the general fund and the lottery fund and "technical adjustments." The top 10 spending amendments account for over two -thirds of the $735.7 million in total spending. These include $45.0 million to eliminate "aid to the commonwealth" and $58.7 million to increase salaries for public school instructional positions. The McDonnell amendments also include a $78.3 million deposit in FY14 for the Rainy Day Fund as well as a $50.0 million advance deposit to the Fund in anticipation of having to do in FY 2015. Budget Hotspots The governor's proposed amendments do include items that will be debated if not contested. For example, the proposal to permanently transfer additional sales tax money to transportation was defeated in the 2012 session -- $48.1 million in FY 2014. In addition, if legislators find themselves running short of cash to fund their priorities, the extra deposit of $50.0 million to the Rainy Day Fund could be in jeopardy. Also, it is likely that some delegates and senators will challenge McDonnell's decision not to expand Medicaid coverage under the Affordable Care Act. Millions of dollars rest on that decision. During the opening weeks of the session, it is likely that other budget issues will also emerge. Below are the highlights of interest to local governments. The write -ups correspond to the sections of the budget bill. Budget links: The budget bill S( B 800 and HB 1500) is posted on the state budget pace of the Legislative Information System. The staffs of the House Appropriations and the Senate Finance Committees will post their analysis of the budget amendments on this page before the legislative session begins January 9. The state executive budget gives programmatic explanations of some of the proposed actions. The governor's Dec. 17 speech and the oresentation by the Director of Planning and Budget to the money committees can also be found on -line. Local aid to the Commonwealth VML staff contact: Neal Menkes, nmenkesgvml.org Eliminate local aid requirement. In FY 14, eliminates the requirement that local governments return $45 million in state aid to the Commonwealth. (Item 472) State aid to local governments VML staff contacts: Janet Areson, iaresonAvml.ore; Neal Menkes, nmenkesgvml.org State assistance for police departments (HB 599 funding). There are no changes in state funding to this program in either FY13 or FY14. Recordation taxes. No changes are proposed in either year. Rolling stock tax distribution. The tax revenues disbursed through this program are increased by $1 million, to $6.9 million each year. Tennessee Valley Authority payments in lieu of taxes. Payments in FY 13 are increased from $1.2 to $1.42 million; no changes to FY 14 payments (Item 265 . Rental vehicle taxes. No changes are proposed in either year. Distribution of sales tax on fuel in certain transportation districts. There are no changes to the amounts to be distributed in either year ($78.6 million in FY13; $79.8 million in FY14), but the responsibility for distributing this funding moves to DMV in FY 14. PSAP distribution. The amount of the distribution isn't changed, but the administration is moved from VITA to the Tax Department via the Department of Accounts. Item 265). Administration VML staff contacts: Janet Areson, iareson&vml.org; Mary Jo Fields, mfieldsgvml.om Compensation Board Jail per diem payments. Adds $6.33 million to the FY13 state share ofjail per diem costs based on revised data provided by the Inmate Population Forecasting Committee (Item 69). Salaries for assistant commonwealth's attorneys. Adds $2.1 million for a salary increase of $3,308 for assistant commonwealth's attorneys effective July 1, 2013 and to increase the entry level salary to $48,693 (Item L2). According to the Compensation Board, this funding supports the initial step toward an intention to provide a total increase for each assistant commonwealth's attorney of $6,615 over two fiscal years (FYI 4 and FYI 5), increasing the Compensation Board funded entry level salary from $45,385 to $52,000 by FYI to support parity with state salaries for public defenders. Liability insurance. Language is added to allow the Compensation Board to recover the cost of the premiums paid for liability insurance in more than one month. (Item 75 N) Currently the state pays the bill for the liability insurance for constitutional officers and their employees, finance directors and jail authorities but then the Compensation Board turns around and recovers the entire amount of the bill from the first month's reimbursements. (The Compensation Board also withholds the entire cost of the health insurance credit for retired employees from the July reimbursement; see next item.) The Division of Risk Management in the Department of the Treasury intends to double the amount of the premium for the liability insurance, from $3.1 million a year to $6.3 million a year. The state could be concerned that the recovery could exceed the July reimbursable amount, or alternatively wants to spread the recovery out over more than one time period. For now, local government could budget as though its premium was going to double; however, the Compensation Board will be sending out additional information on this as more details are known. Health care credits. Language is added to allow the Compensation Board to recover the cost of the health care premiums in more than one month (Item 75 P). Currently, VRS bills the Compensation Board once a year for the cost of the health insurance credits and the Compensation Board in turn has been recovering that amount from the July reimbursement. The language will allow the Compensation Board to recover the cost in more than one month. There may be more details on the health care credit coming out later next year, due to changes in VRS's data base, but for now this is the only change. State Board of Elections Retiree health care credit. Adds $18,788 to fund the cost of the retiree health insurance credit for local registrars and their employees (Item 8J8. Community and Economic Development VML staff contact: Neal Menkes (nmenkes vml.org) Unlike previous years, Gov. McDonnell's proposed budget is light on new spending initiatives. Most of the amendments are technical in nature rather than policy oriented. The governor recommends an overall increase of $1.2 million in economic development spending over the budget approved in June. This is less than a 1.0 percent increase. US Navy Master Jet Base. Includes a $7.5 million appropriation in FY 2014 of which $6.2 million is from the general fund and $1.3 million from non - general funds. (Item 459.05) Department of Housing and Community Development Virginia Enterprise Zone Grants. Proposes budget language to require the deposit of any excess grant money to the Virginia Removal or Rehabilitation of Derelict Structures Fund. The money would be used for revitalization purposes. (Item 110) Fort Monroe Authority. Adjusts the general fund support provided for operating costs of the Fort Momoe Authority. This action removes $1.5 million of funding in 2013 that is no longer required and provides additional funds of $5.1 million in 2014. A companion amendment in the capital section of the budget authorizes the use of $2.5 million in maintenance reserve funding by the authority. Payments to Hampton are capped by proposed budget language to $562,540 in FY13 and $983,960 in FY14. (Item 109) Direct Aid to Education VML staff contact: Mary In Fields (mfieldsgvml.org) First, the overall numbers: Budget amendments would reduce general fund for K- 12 state aid by $61.3 million in FY13 and would increase it by $64.4 million in FY14. These are modest percentage changes given that the budget adopted in the last session appropriated $5.2 billion in general fund state aid in FY13 and $5.3 billion in FY14. Budget amendments add $23 million in additional non - general funds (lottery) in FY13 but none in FY14. In addition, there is another $12.2 million in balances from FY12, for a total of $35.2 million additional non- general lottery funds available for appropriation in FY13. The Superintendent of Public Instruction released on Dec. 17 an explanation of proposed budget amendments affecting K -12 education. The memorandum contains links to tables showing the required state and local share for each locality and is the best source to determine the effect of the budget amendments on individual school divisions. In addition, the memorandum has a link to a downloadable Excel calculation file that can be used to calculate projected state payments and required local matches based on local ADM projections. Here is an overview of the key recommendations. Teacher salary increase. Adds $58.7 million in FY14 to pay the state share of a 2 percent salary increase for SOQ- funded positions effective July 1, 2013; funding would have to be matched by the local government. Because localities fund more positions at higher salaries than recognized by the state, the local share to pay the increase would be around $88 million, according to calculations by Fiscal Analytics. Funded SOQ instructional positions include teachers, principals, assistant principals, guidance counselors, librarians and instructional aides and are based on SOQ staffing standards. The funding is contingent on passage of legislation that would make changes to teacher probation, evaluations and grievance procedures. The legislation will be introduced in January. The salary increase is not mandated, but would have to be provided in order to receive a share of the state funding. (page 31 at this link: Item 139 C 36 ) As a reminder, the budget adopted last session included a 2 percent salary increase for state employees and state - supported local employees (constitutional officers and their employees, general registrars and members of local electoral boards, community services boards, Centers for Independent Living, juvenile detention facilities, local court service units, social services, pretrial service and comprehensive community corrections act employees and local health departments that operate under a memorandum of understanding with the state). Strategic Compensation Grants Initiative. Adds $15 million in FY14 for competitive grants to school divisions for incentive pay (maximum of $5000 per teacher) for teachers who help students achieve academic goals, transfer to hard -to -staff schools, teach in an area of critical shortage, etc. (page 31 -32 at this link: Item 139 C 36 ). Cost -of- competing. Removes the COCA adjustment for support personnel in FY14 for a reduction of $12.2 million in state funding for these SOQ positions (page 12 at this link: Item 139 C 5 a 3) Staffing for blind /visually impaired students. Adds $4.9 million in FY14 to fund the state share of the Board of Education's recommended staffing standard for students who are blind or visually impaired. The amendment is a funding standard, and does not establish a staffing standard that school divisions would have to meet. However, those staffing standards could be included in bill to revise the SOQ. (Item 139; however, the funding is not readily identified in the budget as it is simply part of basic aid and special education under the SOQ formula.) Early Reading Specialists Initiative. Adds $1.4 million for an early reading specialist initiative. The governor will propose language, presumably in a bill, to provide that the funding pay the state share of one reading specialist per elementary school that scored below 75 percent on the 3rd grade SOL reading test. The funding is included on page 2 at this link: Item 139. Early reading intervention program. Decreases funding by $3 million in FY13 and $3.4 million in FY14. Most of this decrease in each year - -about $3 million - -is driven by improvements in PALS scores, which is a test used to determine eligibility for the program. A decrease of $425,331 in FY14 is driven by a change in methodology used to calculate the state's share of FY14 funding for the third grade only. The funding reductions are on page 23 of Item 139 C 14 but the technical and methodological changes are not spelled out in the budget. Effective School wide Discipline Initiative. Adds $341,040 in FY14 to provide models to 58 schools with high suspension or expulsion rates (Item 138 T). In addition, the budget adds $277,000 for the Department of Education central office to develop a school wide discipline system and support statewide training (Item 132 D). Modify school nurse funding methodology. Inserts language to base state funding for school nurses on one nurse per school, plus one additional nurse for schools with at least 1500 students in the 2014 -2016 biennium. The amendment is a funding standard that does not establish a staffing standard that school divisions would have to meet. However, additional new language in the budget recommends that the Board of Education adopt similar staffing standards; if it did, the funding standard would then become a mandate for staffing. State Department of Education staff say that the staffing standard, if adopted, would not require much additional state funding. However, at the local level, the concern is that the staffing standard would require the hiring of additional school nurses, thereby increasing required local funds. Typically, elementary schools have fewer than 1500 students. If the staffing standard is adopted, there would have to be a school nurse in every elementary school, even those with 500 or fewer students. Currently some elementary schools share school nurses, and supplement those services with clinic aides. High schools with more than 1500 students would have to have more than one nurse. School nurses would be the only support positions that would have this sort of staffing standard. These restrictions limit local flexibility and would place the hiring of school nurses at a higher priority than other positions, and would evidently not include any significant amount of new state funding. This proposed language is potentially a costly one for school divisions and local governments (page 4 at this link: Item 139 A 3 b). ADM. Average daily membership projections are revised downward by 1,183 students in FY13 and 1,290 students in FY14, for a decrease in basic aid of $8.3 million in FY13 and $10.9 million in FY14. (page 3 at this link: Item 139 A 1 b and c). Sales tax projections, school age population. Sales tax projections are up slightly for both FY 13 and FY 14, resulting in sales tax distributions and basic aid offsets. These changes are scattered through Item 139. Updated school age population data developed by the Weldon Cooper Center is used for FY 14 only. The FY 14 sales tax distribution is amended to reflect the July 1, 2011 estimate of school age population. The FY13 school -age population estimate remains the same, and will continue to use the July 1, 2010 estimate to distribute sales tax revenue in FY13. This action does not change the total amount of sales tax distributed to divisions, just the distribution to individual divisions. Other technical updates. Each year there are various technical updates to education accounts due to updated population and participation data. The end result is a decrease in state funding of $12.7 million in FY 13 and $5.1 million in FYI for the SOQ, incentive, categorical and lottery- funded accounts. Lottery funds. Projected lottery proceeds are increased by $35.2 million in FYI 3, to bring total lottery funding for this year to $492 million. As a reminder, all lottery funds are now used to offset general fund spending and they are used to support a variety of incentive programs. Lottery funding for FYI is projected to remain at $462 million, the amount in the current budget (page 3 at this link: Item !L9). Literary Fund transfers. An additional $9 million is proposed to be transferred from the Literary Fund to pay a portion of the state share of teacher retirement, which would mean that the Literary Fund would be used to pay a total of $140 million in retirement costs. The $9 million increase is offset by a $9 million decrease in general fund support. This is only a change in the funding source; the amount of state funding by division is not changed (page 12 & 13 at this link: Item 139 C 3 b). Bedford City/County Consolidation. This July the city of Bedford will revert to town status, and the school divisions for the city and county of Bedford will be consolidated. A consolidated school division has its composite index based on the lower of the composite indices for the two separate divisions for a period of 15 years. Bedford city's index is lower than the county's, and the city's index will be used by the new consolidated division. This will result in an increase in $6 million in state funding for the consolidated division (page 5 at Item 139 A 4 c 4) Health and Human Resources VML staff contact: Janet Areson, imesonkvml.org Comprehensive Sery ices Act for At -Risk Youth and Families Reductions in program expenditures. Two items reduce funding to the program. One item reduces program funding in FY14 by $9.87 million in anticipation of new analytical software that will integrate multiple data systems currently used to track components of CSA and its population and potentially find areas of overlap, waste and other problems. Another item reduces spending by $21.897 million in FY 13 and $19.67 million in FYI to levels consistent with anticipated program expenditures (in short, costs are going down). Item 283 Department of Health Rent increases. Adds $97,565 in state funds and $56,034 in federal funds in FYI to address rent increases for the local health department in the cities of Hopewell, Galax, and Suffolk and counties of King George and Wythe. Local share of state employee bonus. Adds $350,000 in OF and designates $488,561 in NGF from the state share of district revenues in FYI for the one -time three percent bonus for state employees on Dec. 1, 2012. Also includes language authorizing the Department to pay the entire local share of the state bonus. Item 296 G) Resource Mothers Program. Replaces state general funds of $99,866 in FY14 with federal Maternal and Child Health Block Grant funds of the same amount. Algal blooms monitoring and response. Replaces expiring funding from the U.S. Centers for Disease Control and Prevention (CDC) with state funds in the amount of $150,000 in FY 14. The federal grant ends in FY 13. These funds are used to address and respond to existing and emerging health issues associated with harmful algal blooms that occur in the Chesapeake Bay and its tributaries. Medical Assistance Services (Medicaid) Item 307 Eligibility determination processes. Language allows the agency to modify aspects of this process to be in compliance with mandated provisions of the federal Patient Protection and Affordable Care Act. These changes include methodology changes, the ability to accept telephonic applications, real -time application assistance, and customer service. Local departments of social services conduct Medicaid eligibility processes on behalf of the state. Higher congregate care rates to encourage community placements. To encourage the move of individuals with complex medical or behavioral needs from state training centers into community -based settings (i.e., congregate residential homes with four or fewer licensed beds) or to help individuals in imminent risk of institutionalization stay in the community, the Department is authorized to establish a 25 percent higher reimbursement rate for such services during FY14. Medicaid utilization and inflation. Removes $1.10 billion in federal funding in FYI that was added last year for the new population predicted to be eligible for Medicaid on Jan. 1, 2014, as a result of the federal Affordable Care Act. The U.S. Supreme Court's decision this year allows states to decide whether or not to expand its Medicaid population; the state's official forecast thereby excludes the funding for it and gives the General Assembly the duty to decide whether or not to expand Medicaid to more Virginians. Other actions increase state funding (and federal match) by 10 percent in FYI and 6.5 percent in FY14 due to hospital rebasing in FY14, hospital payments delayed from FY12 to FYI 3, and the accounting of pharmacy rebates as expenditures versus revenue. Duel eligibility demonstration project. Provides state funding of $650,784 and $1.85 million in federal funds in FY14 to start this three -year integrated managed care model in January 2014. This voluntary program may cover up to 70,000 individuals who are eligible for both Medicare and Medicaid (duel eligible) and have complex health care needs. They will receive all covered benefits from one managed care plan. The project will be implemented in Central Virginia, Northern Virginia, Tidewater and Westem/Charlohesville regions. Department of Behavioral Health and Developmental Services Early Intervention (Part C) services. Increases state funding for this program by $3 million each year. Part C services are provided to children from infancy to three years of age who display possible developmental delays or disabilities. This is a federally- mandated program. In FY13, up to $750,000 will be used to update and enhance the data collection and accountability system associated with the program. (Item 315H1 &H4) Crisis services for intellectually and developmentally disabled children. Provides funding ($1.25 million in FY14) in accordance the U.S. Justice Department agreement, for mobile crisis, in -home, and psychiatric services. Item 315 Y) Children's behavioral health crisis services. Adds $1 million in FYI to build on existing funding for crisis services, child psychiatry, case management, in -home services or other crisis services deemed appropriate by the Commissioner. Item 315 W) Crisis services for adults with intellectual and developmental disabilities. Provides $3.8 million additional funding in FY14 for services as required by the U.S. Justice Department agreement. (Item 315 Q) Discharge assistance program. Adds $750,000 in FY14 to provide community- based services to individuals determined clinically ready for discharge from state hospitals but who face barriers that impede their transition to the community. (Item 315 Z) Northern Virginia Mental Health Institute. Provides $700,000 in FY14 to continue operation of beds at NVMHI through this biennium. (Item 319 Department for Aging and Rehabilitative Services Adult services transfer. As called for by the 2012 General Assembly, transfers the adult services program from the Virginia Department of Social Services to DARS. Department of Social Services Oversight of foster care spending. Dedicates $318,868 in state funds and $260,892 in federal funds and up to 10 staff positions in FY14 to improve the agency's financial oversight of child welfare programs and meet federal standards. State Title IV- E foster care programs are under federal financial review, and penalties could amount to as much as $18 million. These staff will assess and review all foster care spending to ensure that federal and state standards are met. Also, reports will be given each year to the Governor and budget - related officials in the administration and General Assembly 10 regarding the foster care program's statewide spending, error rates, and compliance with federal and state reviews. (Item 336 F) Health insurance credit. Provides $439,338 in state funds each year and $422,109 in federal funds each year to cover the cost of the health insurance credit for retired local social services employees. (Item 338) Adoption programs. Adds $2 million in state funds and $350,000 in federal funds in FY14 to fund pilot projects aimed at providing adoptive parents with financial assistance and work with non -state entities to enhance the state's child welfare system and increase the number of foster children adopted in Virginia. Also adds $1 million in state funds to bee used to give a one -time payment of up to $1,000 to parents adopting foster care children. (Item 341 Auxiliary grant program. Reduces state funding by $500,000 in FY14 as a result of fewer individuals participating in this program. (Item 34 0) Kindergarten readiness programs. Provides $750,000 in FY14, bringing total state funding to $1.5 million for that year (same as in FY13) to the Virginia Early Childhood Foundation. Funds are matched with local public and private resources. The Foundation works with coalitions across the state through its Smart Beginnings program to improve early learning skills and improve readiness for kindergarten and beyond. Language requires the Foundation to work with public and private entities to develop recommendations for a kindergarten readiness assessment and subsequent pilot projects. (Item 343) Natural Resources VML staff contact: Joe Lerch (jlerchAvml.orel Overview Referring to the state's expenditures on water quality improvements of $750 million over the last 15 years, Gov. McDonnell proposed an additional $200 million in bond authorization through the Virginia Public Building Authority. $105 million will be allocated to reimburse localities for upgrading sewage treatment plants. Almost $60 million will be used to assist the cities of Lynchburg and Richmond to improve their combined sewer overflow (CSO) systems. The remaining $35 million will be allocated to assisting localities in meeting federal permit requirements for reducing storm water pollution. A similar bond package in the amount of $300 million cleared the Senate last year only to be killed in a House Appropriation subcommittee. Department of Conservation & Recreation Item 360 Financial Assistance to Local Soil and Water Conservation Districts. Provides $1.6 million in FY 14 in assistance to local districts, $300,000 of which are to be used in meeting clean water act requirements for cleaning up the Chesapeake Bay and other locally impaired waters. 11 Non -point Source Pollution. • Allocates $14.6 million to the Natural Resources Commitment Fund of the WQIF for controlling pollution from agriculture. • $2.3 million in grant assistance for localities in developing mandatory stormwater programs. • Establishes the Municipal Separate Stormwater Sewer Systems (MS4s) /Stormwater Local Assistance Fund with an initial deposit of $35 million Department of Environmental Quality Item 366 Point Source Pollution. • Allocates $100.7 million (through FY16) to assist localities in upgrading sewage treatment plants. • $19 million for the Lynchburg Combined Sewer Overflow (CSO) • $40 million for Richmond CSO • $5 million in to in financial assistance for upgrades to City of Hopewell sewage treatment plant. Public Safety VML staff contact: Janet Areson, iareson a)yml.om Department of Corrections Medicaid enrollment. The Department will coordinate with DMAS and the Department of Social Services to establish procedures to enroll eligible inmates in Medicaid with coverage to start July 1, 2013 (the budget formerly stated the start date as Jan. 1, 2014). (Item 388) Department of Juvenile Justice Close and reuse of juvenile correctional facilities. Hanover Juvenile Correctional Center (JCC) will no longer be used as a correctional center and will be `4epurposed° for another use. Residents will be transferred to other facilities and staff reassigned to other centers when possible. Programs performed at Oak Ridge JCC, along with treat and security staff, will be transferred to Beaumont JCC. Programs performed at the Reception and Diagnostic Center (RDC) will be downsized and moved to the Oak Ridge facility. Implementation will be begin after the first of the year, and fully implemented by June 30, 2013. Item 409. Transportation VML staff contacts: Joe Lerch (ilerchkvml.orel, Neal Menkes (mmenkesgvml.ore) 12 Overview In his speech on December 17 before the General Assembly's money committees, Gov. Bob McDonnell remarked that `construction and maintenance needs outstrip our resources, and the maintenance deficit is $363.5 million now and will be $500 million by 2019. The amount of crossover required for the maintenance program by 2017 is expected to virtually consume the construction budget. We need to act " He went on to promise a full transportation funding and reform package for the upcoming legislative session. The package is supposed to generate more than $500 million in total new revenues annually by 2018. The governor touts that his plan will eliminate the maintenance shortfall and adds funds for new construction, as well as transit, passenger rail and multi -modal solutions. Additional General Fund Support for Transportation. Beginning July 1, 2013, the introduced budget includes language authorizing that 0.05 percent of the current 5 -cent sales and use tax rate be used to add revenue to the Highway Maintenance and Operating Fund for transportation maintenance. The language would move $48.1 million in FY 2014 from the general fund to the highway maintenance fund. Item 3- 5.09) Transportation Revenue Projections The proposed budget amendments alter current appropriations for VDOT to take into account actions taken by the Commonwealth Transportation Board (CTB), the December revenue forecast, and bond revenues received this year. Six -Year Program Revisions. Conforms the state budget in fiscal years FYI and FYI to the six -year program approved by the Commonwealth Transportation Board, adding $38.5 million in non - general funds and cutting $145.8 million in non - general funds, respectively, in each year of the biennium. Road Maintenance. Adds $1.2 million in FY13 and $1.3 million in FY14 of Commonwealth Transportation Funds as financial assistance for city road maintenance. Item 449 Revenue Reforecast for VDOT. Increases the FY13 non - general fund appropriations by $307 million and FYI4 non - general funds by $59.1 million, reflecting new revenue estimates, program adjustments and prior -year bond revenue. Revenue Reforecast for Public Transportation. Increases by $3.3 million non - general funds in FY 2014 to reflect official revenue estimates for the Transportation Trust Fund and federal transportation funds. 13 SUMMARY OF CERTAIN BILLS CONTINUED OR SUBMITTED FOR THE 2013 SESSION OF THE VIRGINIA GENERAL ASSEMBLY Continued Bills Bill No. Brief Description Patron HB 10 Prohibits increases in BPOL above Cole (Fredericksburg) 2011 levels (expires 2015) HB 82 Real estate taxes (designation of Orrock (Thomsburg) property as agriculture or horticulture) HB 208 Retired law enforcement personnel Miller (Manassas) serving as securing for school boards HB 218 IEP for deaf and had of hearing students Bell (Staunton) HB 365 Continue education for suspended students McClellan (Richmond) HB 366 Grounds for suspension of students McClellan (Richmond) HB 469 Algebra readiness Albo (Springfield) HB 483 Real property tax assessment limitation laquinto (Virginia Beach) HB 544 Student suspension (see HB 366) Robinson (Richmond) HB 576 Teacher evaluations Bell (Staunton) HB 727 Uniform grading Dudenhefer (Stafford) HB 887 Continue education for suspended students Alexander (Norfolk) HB 1006 Home school tax credit ($1,000) Ramadan (South Riding) HB 1080 Parental notification for student discipline Hugo (Centreville) SB 118 Charter Schools Marsh (Richmond) SB 129 Halt unfunded mandates Stanley (Richmond) SB 168 Use of closed circuit cameras in schools Peterson (Fairfax) 1 Bill No. Brief Description Patron SB 220 Year-end surplus (50% transportation) Black (Leesburg) SB 169 JROTC fulfills phys. ed. Requirement Norment (Williamsburg) SB 553 Unexpended funds for teacher bonuses Favola (Arlington) SJ 2 Constitutional Amendment (Transp. Fund) Obensharm (Harrisonburg) Submitted Bills Bill No. Brief Description Patron HB 1309 School calendar Comstock (McLean) HB 1310 School calendar Habeeb (Salem) HB 1312 SOL (additional testing period) Habeeb (Salem) HB 1319 School calendar (limited to Danville, Merricks (Chatham) Martinsville, Henry Co., and Pittsylvania Co.) HB 1321 Possess and administer epinephrine Kory (Falls Church) HB 1340 Compensation for Electoral Bd Ware (Powhatan) HB 1344 IEP for deafthard of hearing students Cole (Fredericksburg) HB 1350 SOL - prohibit use of calculators Albo (Springfield) HB 1369 School bus stops Marshall (Manassas) HB 1373 Legal notices Head (Roanoke) HB 1377 Students with diabetes Cole (Fredericksburg) HB 1378 Publication on websites Cole (Fredericksburg) HB 1381 Tax on use of plastic bags Morrissey (Richmond) HB 1388 Change date for reassignment of teachers Habeeb (Salem) HB 1406 Health screening education Bell (Staunton) HB 1420 Intervenor for deaf at State School Bd. Pogge (Yorktown) 3 Bill No. Brief Description Patron HB 1426 Legal notices (Damascus, Glade Spring) O'Quinn (Bristol) HB 1442 Interscholastic sports (home school) Bell (Centreville) HB 1467 School calendar Gleason (Landsdowne) HB 1468 Possess and administer epinephrine Gleason (Landsdowne) HB 1470 Charter schools Kory (Falls Church) HB 1488 Stormwater plans due date Rush (Christiansburg) HB 1491 School calendar Kory (Falls Church) HB 1497 Interscholastic sports (military) Stolle (Virginia Beach) HB 1498 School expulsions Kory (Falls Church) HB 1503 Standards for school accreditation Krupica (Alexandria) HB 1504 Teaching Fellows Program Krupica (Alexandria) 111 574 Constitutional amendment (parents' rights) Pogge (Yorktown) SB 782 Standards for school accreditation McEachin (Richmond) SB 792 Interscholastic sports (private school) Garrett (Hardensville) SB 800 Budget amendments Stosch (Glen Allen) SB 812 Interscholastic sports (home school) Garrett (Hardensville) SB 855 Transportation — Fuel tax increase Peterson (Fairfax) SJ 275 Constitutional amendment (Transp. Fund) Obenshain (Harrisonburg) SJ 280 Resolution regarding hunger in schools Carrico (Galax) 3 Bill No. Brief Description Patron HB 1524 FOIA records of parks and rec Villanueva (Virginia Beach) HB 1552 VA Retirement System (exemptions) Bulova (Fairfax Station) HB 1534 Interest on refunds due to taxpayer error Dance (Petersburg) HB 1537 Student teacher background checks Yost (Blacksburg) HB 1540 Cell phone use on school property Watts (Annandale) HB 1555 Create VA State Virtual School Board Bell (Staunton) HB 1556 Student teacher rations (school -wide) Comstock (McLean) HB 1557 School boards — firearms training Marshall (Manassas) HJ 595 Study — teacher conduct with students Loupassi (Richmond) HJ 598 Breakfast in the Classrooms Garrett (Lynchburg) SB 872 Transportation Fund increase Mc Waters (Virginia Beach) SB 889 FOIA — school board electronic meetings Black (Leesburg) SB 893 Possession and administration of Howell (Reston) epinephrine SB 899 Bumper stickers on school buses Reeves (Fredericksburg) SB 900 Advertising on school buses and Reeves (Fredericksburg) school property SB 908 Parental rights Reeves (Fredericksburg) SJ 289 Study election processes Deeds (Charlottesville) Sl 292 Constitutional amendment selection of Black (Leesburg) judges Prepared 01.06.2013 4 CITY OF ROANOKE j n ^j OFFICE OF THE MAYOR ( 215 CHURCH AVENUE, S. W_ SUITE 452 ROANOKE, VIRGINIA 24011 -1594 TELEPHONE- (540)9532444 FAX I14)85 }1145 DAVID A. BOWERS M.'.r January 7, 2013 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- -3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. Sincerely, David A. Bowers Mayor DAB:ctw COMMITTEE VACANCIES /REAPPOINTMENTS January 7, 2013 VACANCIES: Expiration of the three - yearterms of office of Eddie Wallace, Jr., Kae Bolling and Carl Kopitzke as members of the Mill Mountain Advisory Committee ended June 30, 2012; and the unexpired term of office of Richard Walters ending June 30, 2013. Expiration of the one -year term of office of Beth Christopolous as the City's representative of the Local Office of Aging ending February 28, 2013. �. > CITY OF ROANOKE *N7j�, CITY COUNCIL 215 Ch urch Avenue, S.W/ Noel C Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 -- Telephone (540) 853 -2541 DAVIDA. BOWERS Pax: (540)853 -1145 Ma >or January 7, 2013 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Beslpitch Raphael E.'Ray" Ferris Sherman P. Lea Anita J. Prim Court (i_ Rosen David B. Trinkle I wish to request a Closed Meeting to discuss the mid -year performances of the City Manager, City Attorney and City Clerk, pursuant to Section 2.2 -3711 (A) (1), Code of Virginia (1950), as amended. Si Anita J. Price, Chair City Council Personnel Committee AJP:ctw CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 7, 2013 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of City -owned property located in the Roanoke Centre for Industry and Technology where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to g2.2 -3711 .A.3, Code of Virginia (1950), as amended. C a__------------ Christopher P. Morrill City Manager Distribution: Council Appointed Officers 2 ;n��\ INTEROFFICE MEMORANDUM To: Ann H. Shawver, Director of Finance CC: Honorable Sherman A. Holland, Commissioner of the Revenue Christopher P. Morrill, City Manager Amelia C. Merchant, Director of Management and Budget From: d' Susan S. Lower, Director of Real Estate Valuation Date: January 7, 2013 Subject: 2013— 2014 Real Estate Assessment Projections Listed below and attached hereto is the Real Estate Assessment projection for FY 2013 — 2014. Property values will decrease (- 1.12 %) as a result of the general reassessment and new construction will add 0.42 %. The total decrease in the Bross tax base Oroiected to July 1, 2013 is (- 0.70 %). Annual Reassessment Gross Taxable Value July 1, 2012 2013 Reassessment Decrease Subtotal New Construction (Building Permits) New Construction (BP's from July - Dec, 2012) Estimated Additional New Construction (BP's Jan -June, 2013) Total Estimated New Construction (July - June) Total Estimated Gross Taxable Value July 1, 2013 $6,889,472,200 - $76,931,400 -1.12% $6,812,540,800 $15,722,600 $13,392,300 $29,114,900 0.42% $6,841,655,700 -0.70% Note that exempt property values are not included in these amounts. I anticipate the Board of Equalization will start hearing appeals in Much of this year. The above analysis will be reviewed after appeals are completed and prior to the dates of the required public notification and public hearing on the tax rate. Note — This does not include public service corporation properties assessed by the State Corporation Commission, railway properties assessed by the State Department of Taxation, and exempt properties. REDUCTIONS TO GROSS VALUES CATEGORY 2013 REASSESSMENT FY 11 -12 Agricultural Land Use FY 11 -12 FY 12 -13 % CHG NEW CONSTRUCTION $34,934,753 Disabled Tax Freeze $8,027,175 RESIDENTIAL $8,239,300 $ 7,413,900 -10.0% COMMERCIAL $20,157,800 $21,701,000 07.7% Totals $28,397,100 $29,114,900 02.5% CERTIFIED VALUE (less new construction) 7/12 Beginning 7/13 Projected Land Book Reassessment RESIDENTIAL $4,587,025,100 $4,498,653,800 -1.93% COMMERCIAL $2,302,447,100 $2,313.887.000 0.50% Totals $6,889,472,200 $6,812,540,800 -1.12% Note — This does not include public service corporation properties assessed by the State Corporation Commission, railway properties assessed by the State Department of Taxation, and exempt properties. REDUCTIONS TO GROSS VALUES CATEGORY FY 12 -13 FY 11 -12 Agricultural Land Use $5,116,500 $5,116,500 Elderly Tax Freeze $25,723,696 $34,934,753 Disabled Tax Freeze $8,027,175 $10,589,579 Leaseholds $20,038,768 $20,142,840 Rehabs $130,842,600 $119,373,300 Energy $11,372,600 $8,766,400 Veterans $13,527,400 $7,454,900 aria (n4-1 Roanoke City Council 2013-2014 General Reassessment January 7, 2013 IState Law Requirements J The Code of Virginia requires that all real property be assessed for taxation at 100% of market value. Our City Code requires that all property be assessed on an annual basis. We notify property owners each January of any changes in the assessed values which will become effective July 1. Only property owners that received a change in assessment were mailed a notice. This year's notices were mailed today, January 7th Z�/IZOa -ZO /d' /fovv -'ait 2 Real Estate Assessment Projections FY 2013 - 2014 Fiscal Year % of % Increase Reassessment From New Decrease Construction 2013 -2014 -1.12 0.42 2012 -2013 -1.64 0.41 See page 20 for more history on Roanoke's reassessments Total Percent Decrease 111MO, -1.23 3 Example of Sales Ratio Calculation The ratio of an appraised value or assessed value to the sale price of a property. For Example: ■ Assessed Value ■ Sale Price ■ Sales Ratio $200,000 :MII � � M, Source: International Association of Assessing Officers property Appraisal and Assessing Handbook 4 [ 2010 State Sales Ratio Study J Cities /Co. No. Parcels Median Ratio Roanoke 45,912 95% Roanoke County 45,222 96% Ch Charlottesville 14,794 100% Fairfax City 8,653 95% Hampton 50,378 99% Lynchburg 31,599 96% (Biennial) Newport News 53,287 103% Norfolk 73,475 100% Portsmouth 35,030 98% Richmond 73,012 101% Salem 10,443 89% Virginia Beach 151,539 1000/0 Source: 2010 Sales Ratio Study dated July 2012 Department of Taxation J Parcel Count from 2011 VAAO Salary Survey and includes taxable, exempt, and public service. '�� 120 100 80 60 40 20 0 Roanoke Sales Ratio History 2004 2005 2006 2007 2008 2009 2010 2011 2012 ■ Preliminary Ratio ■ Posted Ratio Source: Departmentof Taxation RESIDENTIAL PROPERTIES C Roanoke Residential Sales Data Represents Single Family and Condo activity from January 1 to October 31 of each year *Data includes only valid sales Source: Proval database Year 2010 Change From 2010 2011 Change From 2011 2012 Number of Valid Sales 640 -23% 494 -4% 475 Number of Foreclosures 399 -18% 327 -13% 283 Median Sales Price* $132,400 -2% 1 $130,300 1 1% $132,000 Represents Single Family and Condo activity from January 1 to October 31 of each year *Data includes only valid sales Source: Proval database :.... "" .ems •'x�,�i' �.. �.�;�i:4�. '+M �� y. 'I . y � 7 � � �, � - ji ,1 f , ��� / L.. �� �`.n.g%�r 2012 Commercial Sales Data YEAR 2010 % Change 2011 % Change 2012 from 2010 from 2011 Number of Valid 39 -15% 33 27% 42 Sales Using valid sales from Jan 1 to Oct 31 Source: Proval database 12 .",1 2013 Commercial & Industrial Land Reductions r». T ! , ROANOI<C REAL ESTATE 13 rNew Construction Projects I L o New Fed Ex Facility, Regional Airport Terminal Remodel, Spectrum Sports Expansion, Kuumba Community Health Melrose, Center in the Square Renovations, Advanced Auto Cross Roads Renovations, Cook Out Grill — Hershberger, Dollar Stores o New and Ongoing Rehabs: City Lofts, Crystal Tower, Shenandoah Building, River House, Lofts at West Station, COV Building, Billy's Ritz Buildings 14 In Summary A majority of the City's residential neighborhoods declined Commercial properties were relatively stable Some increases in apartment values New construction activity remains stable r Sales ratios remain in line with State standards 15 Appealing an Assessment ✓ Appeal directly with the Office of Real Estate Valuation. Appeals are due by February 45t. ✓ If a property owner does not agree with our appeal decision, they can file an appeal with the Board of Equalization. ✓ If a property owner does not agree with the Board of Equalization's decision, they can then file suit in Circuit Court. IM IQuestions &Comments J Susan S. Lower, SRA Steve Stalker Director of Real Estate Valuation Deputy Director of Real Estate Valuation Suite 250 Noel C. Taylor Building Suite 250 Noel C. Taylor Building 215W. Church Ave. S.W. 215 W. Church Ave. S.W. Roanoke, VA 24011 Roanoke, VA 24011 (540) 853 -2771 (540) 853 -1845 susan.loweraroanokeva gov steve.staker(a)roanokeva.gov KC Bratton Cookie Wall Supervising Appraiser Supervising Appraiser Suite 250 Noel C. Taylor Building Suite 250 Noel C. Taylor Building 215 W. Church Ave. S.W. 215 W. Church Ave. S.W. Roanoke, VA 24011 Roanoke, VA 24011 (540) 853 -1833 (540) 853 -1835 kelvin.bratton(a)roanokeva.gov cookie.wall(a)roanokeva.gov 17 IAPPENDIX J ■ Timeline of Assessment Process ■ History of Projected Assessments History of the Appeals to REV and BOE ■ 2011 and 2012 Field Reviews ■ Tax Relief Programs 18 0 Timeline of Assessment Process • January: Notices mailed and hearings begin for citizens to appeal • February: Hearings end, mail decisions • March: Board of Equalization (BOE) begins • March: Begin re- assessment process and appraisers field reviewing property data, sales and building permits • April 5th : Second payment of tax bill due (previous assessment) • June 3oth : BOE complete • July 1st : Begin new fiscal year • October 5th : First payment of tax bill due (new January assessed value) • October to December: Appraiser team finalizing re- assessment • December: Post and certify the new assessment values • December to January 1st: Proofing final values 19 i history of Roanoke s Assessment Changes CALENDARYEAR FISCAL YEAR % OF REASSESSMENT INCREASE(DECREASE) %INCREASE FROM NEW CONSTRUCTION TOTALPERCENT INCREASE(DECREASE) 2013 2012 -1.12 0.42 -0.70 2012 2013 -1.64 0.41 -1.23 2011 2012 -0.17 0.40 023 2010 2011 AS 1.18 1.36 2009 2010 .68 1.08 1.76 2008 2009 3.04 1.50 4.54 2007 2008 5.23 107 6.30 2006 2007 7.88 0.82 8.70 2005 2006 7.32 1.03 8.35 2004 2005 5.98 1.23 7.21 2003 2004 5.85 1.86 7.71 2002 2003 3.22 2.06 5.28 2001 2002 3.48 1.88 5.36 2000 2001 2.81 1.63 4.44 20 [History of Roanoke's Appeals J Appeals to Real Estate Valuation Year 2008 2009 2010 2011 2012 Parcel Count 230 87 72 74 158 Appeals to Board of Equalization Year 2008 2009 2010 2011 2012 Parcel Count 43 57 34 63 50 21 Tax Relief Programs Property Owner's Status: &Elderly Tax Freeze ■Disability Tax Relief Program ■Veterans Tax Relief Program Real Estate Status: ■Rehabilitated Tax Abatement ■Land Use Program ■Solar Energy Abatement ■Energy Efficient — Reduced Tax Rate 23 All programs require an application CITY OF ROANOKE OFFICE OF THE CITY CLERK '0.'V :✓- 215 Church Avenue,S.W., Suite 456 11-'! Roanoke,Virginia 24011-1536 1 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail. clerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk January 18, 2013 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: At the regular meeting of the Council of the City of Roanoke held on Monday, January 7, 2013, Council Members Lea and Price asked for information on the Community College Access Program, i.e., the number of students that have participated in the program since its inception; and any follow-up data on the number of students who have transferred to four year colleges or universities, including any stipulations and requirements of students to participate in the Program. Also, Mayor Bowers suggested that a briefing be held regarding the Community College Access Program. For your information, I am attaching a copy of the transcript outlining said discussion. Sincerely, Stephanie M. Moon, MMC City Clerk Attachment pc: Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations Amelia Merchant, Director, Office of Management and Budget EXCERPT FROM THE 9:00 A.M. SESSION OF COUNCIL ON MONDAY, JANUARY 7, 2013, REGARDING BRIEFING ON FISCAL YEAR 2013 BUDGET/FINANCIAL PLANNING WORK SESSION. Amelia Merchant: The final item that we have here on this slide is $100,000.00 for the Community College Access Program, a program implemented back in 2010— January 2010. A resolution was acted on by City Council in support of the Roanoke Community College Access Program. The program pays for two years of college for students who are ready for college, but not able to pay for college. It is to promote increased graduation rates, work force readiness and long term viability of the Roanoke Valley by supporting our young students. The funding mechanism that was established with that resolution included a partnership between Roanoke City Public Schools, Virginia Western Community College, the City of Roanoke, local businesses foundations as well; and our requirement for that resolution is that we share equally with Roanoke City Public Schools in funding that program, and that estimate is $100,000.00 for each entity annually. Prior to Fiscal 2014, that funding has been provided to Roanoke City Public Schools through the funding formula. Beginning in Fiscal 2014, the resolution provides that the City would directly allocate that funding to Virginia Western Community College. Thus, we have a $100,000.00 commitment included in our cost increases for Fiscal 2014. Council Member Lea: Does this mean the schools are also putting forth $100,000.00? Ms. Merchant: Correct. Council Member Lea: $200,000.00 from the City and from the Schools combined --this says its increase. So its a $100,000.00 increase? Is that because more and more students are participating? It's not an increase--it's in a separate funding? Ms. Merchant: Correct. Council Member Lea: Schools are also paying $100,000.00? Ms. Merchant: Yes! Council Member Lea: I would like to get some data on that, in terms of how many students are actually taking advantage of it over the years since we started making the contribution. Just get some data regarding the participants, and if there's follow up data on who is actually going on to finish college, or just to follow up on that. I've had an opportunity to attend one of their programs that they had at Virginia Western. I think it's a good thing that this City became a part. So I would like some data. Council Member Price: Along those lines, I think it's important to include stipulations and requirements of students in order that they are able to get access to that program. 1 Mayor Bowers: It might be a good idea for Council to actually hear from some of these folks. I think they're going to be grateful for our investment...what did it mean to them and did it save them--get them in school to keep them in school? Maybe some anecdotal presentation that could be made. 2 -&4Y-54z Budget/Financial Planning Work Session FY 2013 -2014 January 7, 2013 Agenda • FY 2013 -2014 Local Tax Projection • Local Tax Trends • Identified FY 2013 -2014 Cost Increases • Citizen Budget Academy • Next Steps J Projected Local Tax Revenue Fiscal Year 2014 FY13 FY14 $G. h %G..h Real Estate Taxes - Current Adopted Preliminary (Decline) (Decline) (@Y ExIM TU $ r8 xw,.W $ PoYFaIaW GeN[(raz 463,0]0 Sm,WO uS, WJ 3B.I% Fersaal ROq'IV Tm 18.60a,.0 19.9)80. I,Iea.pN1 83q: 9aln isa 16]89,.0 1B. &1.0. 1143.3 6PA ReeaN Fm]89eyge 5% 13.5 @.0 1],ITJ,O. .1'. 541 SPOL Tm 1R ...r 1].1..] eIOC ,Tm 3,1..3 6686.0 515,UA 1].0% aharL al Tmea 2.0 W N.) NO i @0,.] (0.4%) ..I LC[al Lna $ 175,0A,.6 $ 1T,t5;0. { I,8]$.5 18% As approved by City Council, the Downtown Service District Area was expanded by 10% resulting in a $135,000 increase in revenues Effective January 1st, 2013, the Transient Occupancy tax increased 1% to fund the Roanoke Valley Convention and Visitors Bureau (RVCVB) Regional Tourism Marketing initiative. 3 Real Estate Taxes - Current FY06 -FY12YY`I sea. II,� inau nem s S in< F 5 ina[e 8 us, I »xam mm 4 Penanal Property Taxes -Gumnt M6 -M2 s�awo E . s... � siawi d sn, s�a000 soasoo s e rvm rrae mo rvn mz 5 u� gr,w Sales Tax by Month FYI 0 - FYI 3 EF y "�I' F Y:'] 7 Consistent Strong Growth over time In Prepared Food Tax (Rate Adjusted FYt1 8 FY12) ^BB88 ®B8 H ®HBHaP WD Prepared Food Tax Percent vs Prior Year e Business and Occupational License Taxes - Current FY06 -FY12 5 "1 nl- niss m wxne g a.: 10 Food Tax by Month FY10 -FY13 n.2w Frm10 =rvmn A m1J FYm1J 1 woo a PO ,O d' ud of Ja' c,p 40 ry +0 5� 9 Business and Occupational License Taxes - Current FY06 -FY12 5 "1 nl- niss m wxne g a.: 10 0 i Significant increase in Lodging Tax Continuing into FY 2013 Due to Additional Media Coverage thru RVCVB Initiatives e 8 8 3 8 a a 8 s e - -- . YTD Transient Occupancy Tax Growth Percent vs Prior Year m Lodging Tax by Month FY10 - FY13 F.a ia0 i a _ FY M10 F4 —FYmtt x FY2013 a—FY20 3 UFO • A VP 12 Estimated Increase in Funding to Schools in FY14 An increase in School funding of 1.2% or $902,000 from FY13 (adopted) to FYI 13 Dates to Watch for Refinement of Local Tax Estimates • Jan 31 st — appeal period ends for real estate • Late Feb — real estate estimate refined • February — NADA data available for 2013 vehicular values; personal property estimate updated • March 1 — Business license tax due date • Mid March - BPOL estimate refined • Early April — Commissioner of Revenue releases 2013 personal property levy • Mid April — personal property estimate finalized ,a �m Fill, _ BWpxl Moub PoDFm GYmY iYMM mIR0.W0 OM iuFSllna! 1 4 I]I,RFO] E 3,A]2W Ifi°6 PenmlPryplyiapMPOV6fi DY�mmrtamaM e Ill Eww..�.. sMUnmsn.I,m.IMe[room .. +n.Me,. +uv.mo AOO zwzMA ux owiwrro..o xaSD.w *.® amwimmm.wm D�mm aMOw An® iamo me rmaowlmerei,mnml em+MM m® cei om loon mura.aoaamlmexa Mnc Pamreomq.en.n .am m[liaw[MbWLMreemdraenmivwn"'.+ mmo aq® 3S[O] m[ tlaaw [MbMILF$eImIPGeYPebmemlpxnee 'A 64 FBLOI IIWpAI In[giewSDNbW eGmdeSJn Pabmxel•m�ram IrT60 13 pA COL 2ffn itlnlhm[mm I,1RI rt0 11M,pT 5]8® <Ah AeIU�IVererueFMRnmBKmA+m B[Mb 1F18&OA I&.IBIBJ] �`3 %P9 %. 13% Peurhq MUkfim —S MBM b6% eppTA lulayor &kop E 1stMN1 s iieRpt 3�a6 11x An increase in School funding of 1.2% or $902,000 from FY13 (adopted) to FYI 13 Dates to Watch for Refinement of Local Tax Estimates • Jan 31 st — appeal period ends for real estate • Late Feb — real estate estimate refined • February — NADA data available for 2013 vehicular values; personal property estimate updated • March 1 — Business license tax due date • Mid March - BPOL estimate refined • Early April — Commissioner of Revenue releases 2013 personal property levy • Mid April — personal property estimate finalized ,a Identified FY 2013 -2014 Cost Increases Total: $3,297,901 • Medical - $648,654 - Six months of January 2013 increase - Anticipated increase of 10% in employer share January 2014 • Dental - $12,249 - Anticipated increase of 5% in employer share January 2014 • Retirement Health Savings Account (RHSA) - $759,354 - 1% contribution for all employees • Community College Access Program - $100,000 - City commitment to Virginia Western Community College Identified FY 2013 -2014 Cost Increases (continued) Affordable Healthcare Act- $1,527,644 - FY 2013 - 2014:$222,044 Medical and Dental Insurance coverage for 19 Part-Time Employees - $112,746 - 12 month average of 30+ hour threshold employees • Headcount Tax - $3,363 - $2 for each employee • Reinsurance Program - $105,935 - $63 per employee per year (1,681.5 positions) - Effective January 1, 2014 - $52,968 for 6 months of FY 2014 - Effective for 3 years - FY 2014 -2015: $1,305,600 • Medical and Dental Insurance coverage for 200 employees currently not participating in City health plan - Build capacity in FY 2014 for FY 2015 requirement Identified FY 2013 -2014 Cost Increases (continued) • Reserves - $250,000 — Increase in base funding above current $625,000 level • Life Insurance — Current rate of 1.19% • VRS — Sheriff — Current rate of 22.42% • Pay Raise — 1% Salary increase = $760,000 n Citizen Budget Academy • Saturday, January 12, 2013 — 8:30 a.m. -2:00 p.m. — Roanoke Higher Education Center, Room 409 — Snow Date: January 26, 2013 — Follow -Up Date: April 6, 2013 • Topics: Budget Overview, Budgeting for Outcomes, Budget Balancing Exercises • 20 citizens scheduled to participate 18 Next Steps • Budget Offers due today, January 7, 2013 • DMB Staff and Priority Team Reviews • Council Briefing — February 4, 2013 — Price of Government — Offers by Priority — Capital Planning APPENDIX Contraction in Cyclical Trending in Admissions Tax over Last Four Years YTD Admissions Tax Grov Percent vs Prior Year 21 End of presentation 23 Projected Revenue Slightly Below Peak Years FY 00 FY 10 FY 11 FY 12 FY 13 FY 14 AdopWd EsOmated To enhance comparebility, 2 0 meals tax and Daycare revenues are excluded24 Price of Government Revenue Estimate by Major Category Fiscal Year 2014 0.n (In Millions) exu Property Taxes $ 98.3 Intergovernmental 64.3 ei Lae1 Other Local Taxes 53.4 Tse rx pax Sales 19.9 Other Revenue 20.3 TOTAL $ 256.2 a.l.. ax GwAh of 1.3% when comparing FY14 estimate to the FY13 Adopted Budget. Effecfive January 1, 2013, the Transient Occupancy tax increased 1.0% to fund additional marketing inifiatives. 25 Projected Revenue by Major Category Fiscal Year 2014 FY13 FY14 $GmwW %0.wM) "Opted Prolimi,ury (Cedlne) (eecllre) Genial Pmpany Tax $ 1 78 .tt0 $ IN552" $ 763.CW 07% qM Laal Tags ]1,231,000 ]3,393,LC0 2,W9,LW 2.9% Permle Fees and Geenses 1,013.M0 1,056600 " 44% Fires. FCrekNUres 1,392,P"0 1,4 M 93,0]0 6.7% Resents kom use of Money /Pnrywny 210,0L0 MCOD (5.wo) (24 %) Inla9osemmenal 64,415,6A MrMb O0 (146,W0) (0.2 %) Chages brG es 1, T6= 8,292.000 525,000 68% Internals ea, 2,E ,DW 2514.[00 (116.0]0) (4.5 %) On. Ress,ues 471,M 487,LCO 18,030 3.4% Tobl Genial FUM Revenues $ 25;M.M $ 256,163,000 $ 3,243,000 1.3% 26 Revenue Values Local Tax Revenues Shared 40.0% with RCPS Tax Current Rate Maximum Rate Rate Change Value Real Estate $1.19 None $.01 = $549,000 Personal Property r $3.45 None $.01 = $51,000 Cigarette (20 per pack) $0.54 None $.01 = $45,000 Transient Occupancy 7% None 1 %= $432,000 Admissions (General) 5.5% None 1 %= $75,000 Prepared Food & Beverage 5% None 1 %= $2,405,000 Motor Vehide License $20.00 $33.00 $1 = $100,000 Proposed Roanoke Park Foundation, Inc. 7.January 2013 Briefing #3 ROANOKE PARKS AND RECADkTNON Overview The Roanoke Park Foundation, Inc. will be committed to the support, betterment and preservation of the City's park system and its programs and services. The Foundation will support the Department of Parks and Recreation by raising private funds, obtaining grants and creating partnerships that supplement General Fund dollars to meet the community's needs. C,4PRa `. ROANOKE GFFRS AND PCCRG90X Purpose and Function The Foundation's activities will focus on the following: Fundraise - Raise monies for capital improvement projects throughout the City's park system, receive and maintain funds, hold real property, and apply such funds or property as necessary. Market - Increase public support, awareness, understanding, interest, and utilization of the City's parks and programs. 'T7 Preserve - Foster stewardship of the City's natural and historical resources. Support - Offer assistance, experience, knowledge, or advice to City staff. WW -1 � ® ..C4PR1,`F ROANOKE PARKS AND RECR�Tl ON Formation '='Five (5) members initially appointed to the Foundation Board of Directors 771nitial members will be appointed by the Parks and Recreation Advisory Board '"Parks and Recreation staff will support Board function ",'The Board will subsequently be self- appointing ROANOKE PARKS AMO FECPUII4N Potential Activities The Foundation may undertake several fund raising and awareness activities such as: `'Annual Membership Meeting and Cookout R Holiday Galas Neighborhood Block /Park Parties Arts and Crafts Shows !T; Charitable Sports Tournaments ROANOKE PFRI6PN0 RE<RFAOOH Potential Projects Funds raised by the Foundation will potentially assist the Department in many ways, for operations and capital improvement. Examples include: `"Access to PLAY Youth Scholarship Fund Park Playground Improvements and Replacements !T- Park Shelter Improvements and Replacements Recreation Center Renovations and Additions Installation of Park Signage and Other Park Amenities ROANOKE .` PFRFS PNP RffftFAiIOH Next Steps "'ARAB Briefing at December Meeting °Selection of Initial Board in .January 77Filing of Bylaws and Articles of Incorporation in 2013 ROANOKE PAR KS Px0 NECRF Tl ON Questions? C,4PR4 `. KE ROANOKE R A RE STEPHANIE M. M00N, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 2541 F. (540) 853 -1145 E nuol clerkQroanokeva.gov January 10, 2013 The Reverend Timothy P. Harvey, Pastor Central Church of the Brethren 416 Church Avenue, S. W. Roanoke, Virginia 24016 Dear Reverend Harvey: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB AWr fiat Deputy City Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, January 07, 2013. Sincerely, We- JonathanLz Craft, Deputy City Clerk JEC:aa Office of the Mayor CITY OF '� ROANOKE WHEREAS, Retired Roanoke Police Officer Harold F. Wallick, began his career with the Roanoke Police Department on April 3, 1972, and was promoted to Police Officer 11 and later Senior Police Officer before retiring on July 1, 2012; and WHEREAS, Retired Officer Wallick dedicated the majority of his career to traffic enforcement and the safety of our citizens on our roads, was instrumental in the formation of the Selective Traffic Enforcement program in 1976, and assisted the Police Department in obtaining advanced technology designed to lilenti�y areas where increased traffic enforcement is needed; and ' WHEREAS, Retired Officer Wallick is credited to contributing to decreases in the number of crashes at various areas across the City by determining where extra enforcement was needed; and WHEREAS, Retired Officer Wallick trained police recruits and officers from other agencies on driver training, traffic safety laws, traffic crash investigations, traffic enforcement, and the use of technology designed to enhance traffic safety; and WHEREAS, Retired Officer Wallick is being honored for 40 years of outstanding service to the Roanoke Police Department and to the citizens of the City of Roanoke at the 2012 Employee Service Awards Breakfast to be held on Thursday, January 10, 2013, NOW, THEREFORE, L David A. Bowers, Mayor of the City of Roanoke, Virginia, in recognition of his many years of dedicated and valuable service to the citizens of the City of Roanoke, do hereby proclaim, Thursday, January 10, 2013, throughout this great All America City, as HAROLD F. WALLLCX DAY. Given under our hands and the Seal of the City of Roanoke this seventh day of January in the year two thousand and thirteen. ATTEST; �e l l City Clerk David A. Bowers Mayor Office of the Mayor CITY OF ,! ROANOKE retlaffiation WHEREAS, Lawrence "Larry" Taylor, began his employment with the City of Roanoke on October 25, 1972, when he was hired by the "City Garage" (now Fleet Management, a division of the Department of General Services) as a Automotive Serviceman; promoted to Automotive Mechanic I in 1977; promoted to Automotive Mechanic II in 1981; promoted to Automotive Mechanic Supervisor in 1984; and WHEREAS, Mc Taylor was initially assigned to the changing of vehicle fires, performing oil changes, and other feet activities during day shy ar night shifts, inside or outside, during good weather, blizzards, and the major food of 1985; and WHEREAS, Mq Taylor worked through the era of the "shade tree" mechanic where vehicle work orders were recorded on scratch pieces of paper, to the age of the automotive technician of today where vehicle work orders are recorded via computers; where patrol cars once had one warning light mounted on top are now equipped wuh any LED lights; where gasoline refuse trucks are now diesel one -armed refuse trucks; and WHEREAS, Mr. Taylor will be honored for 40 years of outstanding service to the City of Roanoke's Division of Fleet Management and to the citizens of Roanoke at the 2012 Employee Service Awards Breakfast to be held on Thursday, January 10, 2013, NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, in recognition of his many years of dedicated and valuable service to the citizens of the City of Roanoke, do hereby proclaim, throughout this great All- America City, as LARRY TAYLOR DAY. Given under our hands and the Seal of the City of Roanoke this seventh day of January in the year two thousand and thirteen. ATTEST: iiStephanie Moon,1WMC City Clerk David A. Bowers Mayor N. HO,T CITY OF ROANOKE cry!k ° OFFICE OF THE CITY CLERK m ".'-le' 215 Church Avenue, S.W., Suite 456 �r -t Roanoke,Virginia 24011-1536 erg¢, 2' Telephone'. (540)853-2541 Fax (540)853-1145 STEPHANIE M.MOON,MA1C E-mail clerk(droanokeva gov JONATHAN E CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk January 18, 2013 Christopher P. Morrill Daniel J. Callaghan City Manager City Attorney Roanoke, Virginia Roanoke, Virginia Gentlemen: At the regular meeting of the Council held on Monday, January 7, 2013, George Riles appeared and requested that the City investigate alleged wrongdoing by the Parks and Recreation Department and Youth Athletic Council as to the removal of the Inner-City Athletic Association from participating in youth sports as a recreation league. The City Manager and City Attorney were instructed to meet with Mr. Riles and report findings back to the Council. Sincerely, Stephanie M. Moon, MM City Clerk pc: George Riles, 1925 Andrews Road, N. W., Roanoke, Virginia 24017 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 7, 2013 Subject: Request a Public Hearing to Lease Approximately 0.3664 Acres of Land Located at the Northeast Corner of 13" Street and Cleveland Avenue and Designated as Tax Map Number 1220803 Background: The Roanoke Community Garden Association, Inc. has expressed a desire to lease approximately 0.3664 acres of land located at the Northeast corner of 13" Street and Cleveland Avenue, designated as Tax Map Number 1220803, for a Community Garden. Currently, they operate four (4) other community garden locations. The other locations are 824 Campbell Ave, S.W., 1127 14t' St., S.E., 1 718 Salem Avenue, S.W., and Hurt Park Elementary School. The 13t' Street location will only be used for the purpose of maintaining and operating a community garden, which use shall include, but is not limited to, planting and harvesting of agricultural crops. The annual rental shall be $10. The lease term requested is for five years, commencing February 1, 2013. A public hearing is required for the consideration of such lease of public property. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing to be held on January 22, 2013, at 7:00 pm. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Robert Ledger, Manager, Economic Development Cassandra Turner, Economic Development Specialist Roanoke Community Garden Association Rules 1. Plot registration begins on January 15th with preference given to those who gardened last year. Payment of registration dues is necessary before you begin gardening and should be submitted with your registration form. Plots must have at least three planted rows by May 1 of each year or plot will be assigned to someone on the waiting list. 2. Gardeners must maintain the plot in a clean and weed -free manner including removing all weeds and grass within 1 foot around the plot. Notify garden leadership if you are no longer able to tend your plot; will be absent for a long period of time; or have asked a friend to tend your garden. Gardeners whose plots are unkempt will be given notice of the issue and given ten days to rectify the situation. If left unresolved, the plot may be reassigned to others who are on the waiting list. 3. Full harvest /no waste policy: In most instances, crops must be harvested once they are mature. If you do not feel you can use all of them, there are many food banks and local residents who could use extra vegetables. If gardeners see that crops in the garden are not being harvested, gardeners are encouraged to contact one another to obtain permission to harvest these items. If permission cannot be obtained, please consult the garden coordinator(s). 4. The garden area is open dawn until dusk, seven days a week. No night gardening! 5. All registered gardeners must volunteer one (1) hour per month at an RCGA community garden in order to remain in good standing and to continue gardening with RCGA. Remember, this is a community garden! The use of the sites depends on our ability to maintain them. RCGA will make an effort to keep an active list of volunteer work to be done at each site. (Mowing the grass at our sites is among the most import volunteer jobs to be done). RCGA will post notices in our toolsheds so that you can keep track of your volunteer commitment. 6. Please dispose of weeds and plant materials in designated compost area. The garden coordinators of the garden will develop a plan for composting at each site. 7. If vandalism or theft occurs, notify garden coordinators or the director immediately. Help us discourage losses by questioning unfamiliar faces. No stealing of anything is permitted. Should it become known that you have taken anything without permission: vegetables, tools, hose, plants or anything else, you will lose your plot immediately. 8. No pets are allowed in the gardens. Pets outside the garden must be on a leash and under direct control of the owner. 9. Family members and friends are welcome at the garden site. Please supervise children so they don't disturb other plots. All children under 13 must be directly supervised by an adult family member, friend or other consenting adults on site. 10. Our gardens are organic. Do not use any chemically -based herbicide or pesticides. If you have any questions about our view of organic gardening, please contact garden leadership. 11. Unattended watering is not permitted. Turn off water at spigots and rewind hoses as a courtesy to other gardeners. Notify garden coordinators of any leaks in the water system and make sure all faucets are off when you leave the garden. 12. No debris of any kind should be left at the site. Pack it in, pack it out. OVER - - - - -� 13. Please conserve the use of water. Mulch with leaves, grass clippings, hay, etc, if possible to reduce water evaporation. 14. Borrowed tools should be cleaned and returned to the storage area when done. All tools should remain on site and are not to be taken home overnight. 15. Each gardener must clear his or her plot of fencing, trellises, string and all inorganic materials before the year end if these materials are not in use. After the last frost all dead plants, weeds and stakes must be removed from the plot. 16. Any rule to be amended or added to these rules must be approved by the director of the RCGA. 17. Any conflicts among gardeners should be referred to the garden coordinators. 18. If you have any questions, suggestions, or complaints, please contact garden coordinators. 19. We encourage you to attend our RCGA association meetings throughout the year. LEASE AGREEMENT THIS LEASE AGREEMENT, made as of this day of , 2012, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ( "Lessor "), and ROANOKE COMMUNITY GARDEN ASSOCIATION, INC., a Virginia corporation ( "Lessee "), WITNESSETH: WHEREAS, Lessor owns certain land located in the City of Roanoke, designated as Tax Map No. 1220803. WHEREAS, Lessee operates and maintains community gardens at several locations throughout the City of Roanoke, where participants can plant, harvest, grow and cultivate vegetables, flowers, and other produce for the benefit of themselves and the community; WHEREAS, Lessee desires to lease the above referenced property from Lessor, and Lessor desires to lease the same to Lessee, for use as a community garden, upon the terms and conditions stated below. NOW THEREFORE, Lessor and Lessee, for and in consideration of mutual covenants contained in this Lease Agreement and the above recitals which are incorporated herein, do hereby covenant and agree as follows: 1. Leased Premises - Lessor hereby leases to Lessee, subject to the terms and conditions contained herein, and Lessee hereby accepts from the Lessor, as tenant, approximately 0.3664 acres of land, more or less, located at the Northeast corner of 13" Street I and Cleveland Avenue, in the City of Roanoke, Virginia, and designated as Tax Map No. 1220803 (hereinafter referred to as the "Leased Premises "). 2. Permitted Use - The Leased Premises shall only be used for the purpose of maintaining and operating a community garden, which use shall include, but not be limited to, planting and harvesting of agricultural crops, and activities ancillary thereto, and for no unlawful purpose, or other purpose that is not reasonably related to the operation and maintenance of a community garden. 3. Term - The term of this Lease Agreement shall be for a period of five (5) years, commencing on 2012, and continuing until midnight, 2017. This lease shall be terminable by Lessee at any time during the term of this Lease, upon thirty days written notice to Lessor. This Lease shall only be terminable by Lessor for cause due to default which is not cured, during the first three years of the term of the Lease, provided, however, that Lessor may terminate this Lease for any reason, with or without cause, during the last two years of the term, upon six months written notice to Lessee.. 4. Rental - Annual rental shall be $10.00 non - refundable, payable in advance for the entire tern of the lease, and mailed or otherwise delivered to the Lessor's Treasurer, City of Roanoke, P. O. Box 1451, Roanoke, VA 24007. Checks should be made payable to City Treasurer. 5. Subleasine - Lessee covenants and agrees that it will not sublet, license, assign, or transfer by operation of law or otherwise this Lease Agreement, the Leased Premises or any right Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor. Any attempt by the Lessee to sublet, license, assign, or transfer by operation of law or otherwise this Lease Agreement, the Leased Premises, or any rights Lessee is authorized to exercise 2 hereunder without the prior written consent of the Lessor shall result in the automatic termination of this Lease Agreement. 6. Condition of the Leased Premises - Lessee has inspected the Leased Premises and acknowledges that the Leased Premises are suitable for the purpose intended by the Lessee, and the Leased Premises are being made available "as is ", and accepted in their present condition. Lessor makes no warranties of any kind regarding any aspect of the Leased Premises, including but not limited to, the physical and environmental condition of the Leased Premises, and expressly disclaims any express or implied warranties regarding the Leased Premises. 7. Alterations and Improvements - There shall be no major alterations of the Leased Premises, without Lessor's prior written consent. Lessee shall be allowed to construct a small shelter for the purpose of sheltering participants from the elements and to allow them area for the education of participants, and small structures on the Leased Premises for storage of equipment which structures may include a fence, used in connection with the community garden only, at Lessee's sole expense, upon Lessor's prior approval in writing. Provided, however, that Lessee agrees to remove the structures, fences, and shelters, and restore the Leased Premises to the same condition that existed at the commencement of this Lease, at Lessee's sole expense, upon the termination or cancellation of this Lease. Lessee agrees to pay for the costs of any damages to the Leased Premises caused by such removal or restoration. 8. Utilities - Lessee shall pay all utility connections and service charges, if any, with respect to the Leased Premises. 9. Maintenance- Lessee agrees to be responsible for all maintenance of any kind on the Leased Premises. Lessee agrees that it shall not allow the Leased Premises to become unsightly or overgrown with, weeds, vegetation and crops, in the determination or Lessor and 3 shall otherwise keep the Leased Premises in good appearance and free and clear of debris and litter. Lessee further agrees that it shall trim and remove such overgrowth upon demand by Lessor. Lessee shall assume all liability for damage or loss to persons or property by its actions or actions of its machinery, equipment, agents, employees, guests, invitees and contractors in connection with this Lease. 10. Incorporation of Rules and Regulations Lessee shall require and ensure that any persons or entities using the Leased Premises to comply with Lessee's rules and regulations, which are attached to this Lease Agreement as Exhibit A, and incorporated herein. 11. Inspection- Lessee hereby grants and gives to the Lessor, its agents and employees the right and license to enter the Leased Premises, without notice, at any reasonable time to inspect the Premises or to conduct a reasonable environmental investigation, including but not limited to an environmental assessment or audit of the Premises to satisfy the Lessor that the Premises are free from environmental contaminations and hazards. The Lessor may employ engineers to conduct such investigations on the Lessor's behalf, and the Lessee shall give to such engineers the same rights and licenses as the Lessor may have pursuant to this section. The Lessee shall from time to time and upon the request of the Lessor, give to the Lessor or to whomever the Lessor may designate such assurances as may be necessary to show that the Lessee is in compliance with any and all Environmental Laws. The Lessor shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the Lessor's exercise of its rights under this section. If after conducting any such Environmental investigation as required herein, should any environmental contamination be found that is the result of Lessee, its employees, guest, agents, patrons, or assigns, the cost of such investigation and audit, in addition to all costs required to comply with 4 any Environmental Law and to conduct necessary cleanup, and the payment of any fines and penalties made against Lessor by any court or regulatory agency as a result of any such environmental condition existing shall be borne by the Lessee and paid by Lessee immediately upon written demand therefore. 12. Compliance with laws, rules and regulations - In Lessee's exercise of the rights and privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and/or any other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own expense with all present and future, federal, state and local laws, rules or regulations, applicable to or affecting directly or indirectly Lessee or its operations and activities on or in connection with the Leased Premises. 13. Indemnity — Lessee shall indemnify and hold harmless the Lessor, its officers, agents and employees, against any and all loss, cost or expense, including attorney's fees, resulting from any claim, whether or not reduced to a judgment, and for any liability of any nature whatsoever that may arise out of or result from activities or omissions of Lessee, its successors, officers, agents, employees, assigns, guests, contractors, or invitees, on the Leased Premises, pursuant to this lease, including, without limitation, fines and penalties, violations of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death, or property damage claims. In addition to the indemnification provision contained elsewhere in this Lease Agreement, and regardless of the Lessors acquiescence, Lessee agrees to indemnify, defend and hold the Lessor, its officers, agents and employees, harmless from any and all costs, liabilities, expenses, lines, penalties, or civil judgments, including attorneys fees resulting from or obtained against or paid by the Lessor as a result of Lessee's violations of or failure to comply with any other provisions of this Lease Agreement. 5 14. Insurance Coverage - Lessee shall obtain and maintain during each term of the Lease Agreement, liability insurance coverage with respect to all claims wising out of the subject matter of this Lease Agreement. The amount of this insurance shall be not less than: (a) General Aggregate $1,000,000.00; (b) Products - Complete/Operations Aggregate - $1,000,000.00; (c) Personal and Advertising Injury - $1,000,000.00; (d) Each occurrence - $1,000,000.00; (e) Above amounts may be met by umbrella form coverage in the minimum amount of $1,000,000.00 aggregate; $1,000,000.00 each occurrence. Lessee shall name the Lessor, its officers, agents, employees and additional insured as its interest may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty days written notice of such cancellation or material alteration to the Director of Risk Management of the Lessor. Prior to the execution of this Lease Agreement, Lessee shall provide the Lessor's Director of Risk Management with an exact copy of the Certificate of Insurance as specified above. All renewal policies shall be delivered to the Lessor's Director of Risk Management at least fifteen days prior to the expiration date of the expiring policy. If at any time the coverage, carrier or limits on any policy or the insurance requirements contained herein shall became unsatisfactory to the Lessor, Lessee shall forthwith provide a new policy meeting the requirements of the Lessor. 15. Compliance with Environmental Laws — Lessee, its agents, employees, guests, patrons, and assigns, shall comply and ensure the compliance with all federal, state and local laws, rules, regulations, resolutions and ordinances controlling air, water, noise, solid waste and other pollution and relating to the use, storage, transportation, release or disposal of hazardous material substances or waste, which materials include, but are not limited to, any fertilizer and others products used in the gardening process. 6 16. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or permit to be brought onto, stored, disposed ot� or released, any hazardous, toxic, or petroleum substances, waste or materials of any kind on the Leased Premises, except if the same are considered as fertilizer or other commonly used gardening materials, and approved in writing by the Lessor. 17. Report release of Hazardous Materials - Lessee shall immediately furnish to the Lessor's Director of Risk Management written notice of any and all releases of hazardous waste, materials or substances whenever such releases are required to be reported to any federal, state, or local authority, and pay for all cleanup and removal costs. Such written notice shall identify the substance released, the amount released, the measures undertaken to cleanup and remove the released material and any contaminated soil or water. Lessee shall also provide Lessor with copies of any and all reports resulting from tests on the Leased Premises or made to any governmental agency which relate to the Leased Premises. 18. Environmental Indemnifications - Regardless of the City's acquiescence and in addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee shall indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of Lessee, its employees, agents, guests, patrons, or assigns, violation of the environmental provisions contained in this Lease Agreement and agrees to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its officers, agents and employees, harmless from all costs, expenses, attorney's fees and all penalties or civil judgments obtained against the Lessor as a result of Lessee's, its employees, agents, guests, patrons, or assigns, use, 7 release or disposal of petroleum product, hazardous substance, material, or waste onto the ground or into the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising under these environmental provisions and Lessee further agrees that it will not raise or plead a statute of limitation defense in any action arising out of Lessee's failure to comply with the environmental provisions contained herein. 19. Notice - Unless otherwise specified, all notices, consents and approvals required or authorized by this Lease Agreement to be given by or on behalf of either party to the other, shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given and shall be deemed given three days after the time a certified letter properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand delivery. Notice to the City of Roanoke shall be addressed to the: City of Roanoke Attention: Economic Development Manager 117 Church Avenue, S.W. Roanoke, Virginia 24011 or at such other office as Lessor may hereinafter designate by notice to the Lessee in writing. Notice to the Lessee shall be sent to: Roanoke Community Garden Association, Inc. Attention: Mark Powell 655 Highland Avenue, SE, Roanoke, Virginia 24013 or at such other place as Lessee may hereinafter designate by notice to the Lessor in writing. 20. Default- In addition the event Lessee breaches any provision of this Lease Agreement, and does not cure such breach within thirty days after written notice of demand by Lessor, or Lessee has not established a community garden within six months of the date of this 8 Lease Agreement, as determined by Lessor, this Lease Agreement shall terminate automatically, and Lessee agrees that Lessor may pursue Lessor's remedies available at law or in equity. 21. Entire Agreement - This Lease Agreement constitutes the entire understanding between the parties. Any changes or modification of this Lease Agreement must be in writing signed by both parties. 22. Severabilitv - In the event any provision herein shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in full force and effect as nearly as possible in accordance with the original intent of the parties. 23. Headings - The headings used in this Lease Agreement are intended for convenience and reference only and do not define, expand, or limit the scope or meaning of any provision of this Lease Agreement. N WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first written above: ATTEST: LESSOR: CITY OF ROANOKE, VIRGINIA By Stephanie M. Moon, City Clerk Christopher P. Morrill, City Manager 9 LESSEE ROANOKE COMMUNITY GARDEN ASSOCIATION, INC., a Virginia corporation Printed Approved as to form: Approved as to execution: Assistant City Attorney Assistant City Attorney 10 i OCITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION To: Honorable Mayor and Members of City Council From: Daniel J. Callaghan, City Attorney Date: January 7, 2013 Re: Report on Move to Amend Back rg ound At the regular meeting of City Council on December 17, 2012, you received a request from Jim Hammerstrom, Stephen Painter, and Elliot Wheeler seeking the Council's adoption of a resolution in support of an amendment to the United States Constitution proposed by Move To Amend, a national organization with a local chapter in Roanoke, Virginia. The amendment proposed by Move To Amend seeks to reverse the decision of the United States Supreme Court in 2010which declared the federal prohibition of campaign contributions by corporations and unions to be unconstitutional. See Citizens United v. Federal Election Commission, 558 U. S. 50 (2010). The proposed amendment would declare that entities such as corporations and limited liability companies are not entitled to the protections afforded natural persons under the Constitution, including the Bill of Rights. The specific form of amendment proposed by Move to Amend appears on its website (www.movetoamend orb as follows: Section 1 [A corporation is not a person and can be regulated] The rights protected by the Constitution of the United States are the rights of natural persons only. Artificial entities, such as corporations, limited liability companies, and other entities, established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law. The privileges of artificial entities shall be determined by the People, through Federal, State, or local law, and shall not be construed to be inherent or inalienable. Section 2 [Money is not.speech and can he regulated] Federal, State and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate's own contributions and expenditures, for the purpose of influencing in any way the election of any candidate for public office or any ballot measure. Federal, State and local government shall require that any permissible contributions and expenditures be publicly disclosed. The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment. Section 3 Nothing contained in this amendment shall be construed to abridge the freedom of the press. The City Council referred this request to the City Manager and the City Attorney for a report Considerations Move To Amend was formed in 2009 among several organizations and individuals seeking a petition to Congress for the introduction and adoption of this amendment to the Constitution. In its statement of values, Move To Amend is "a broad coalition of organizations and individuals, who share common values, working together to end corporate personhood and demand real democracy." Move To Amend has established local chapters throughout the United States, including Roanoke, Virginia. One part of its strategy is to have various state and local governing bodies adopt resolutions endorsing the proposed amendment. Based on information available on the website of Move To Amend, no locality in the Commonwealth has adopted a resolution endorsing this form of amendment. Mr, llammerstrom provided me with information which indicated that the City of Charlottesville, Virginia and the County Board of Arlington, Virginia adopted resolutions supporting constitutional amendments to address the Citizens United decision. Move To Amend acknowledges that the effect of its amendment will be to limit the Bill of Rights to natural persons. The ramifications of this amendment may be significant in reversing several decisions of the Supreme Court which found that entities other than natural persons have certain protections under the Bill of Rights. For example, if the amendment proposed by Move To Amend is ratified, will entities other than natural persons lose their protections under the Fifth and Fourteenth Amendments and face the possibility that the government may take private property of that entity without just compensation? In addition, the proposed amendment provides that it is not intended to "abridge the freedom of the press." A question arises with respect to the scope of this exception where media organizations are entities other than natural persons. Lastly, would the proposed amendment allow the government the right to impair contractual rights of entities in contravention of the Contract Clause of the Constitution as determined by the Supreme Court in 18199 See Dartmouth College v. Woodward, 118 U.S. 394 (1819). Move To Amend further acknowledges that several proposed amendments are currently pending in the House or Senate. At its website, Move To Amend provides its observations on each proposal, including its analysis and comparison of each proposal to the amendment proposed by Move To Amend. Some of these alternatives seek a narrowly crafted amendment which would allow Congress and the States to regulate campaign financing and spending without violating the right of free speech set forth in the First Amendment. Recommendations Based on the complexities of the issues presented, the Council should first determine its position on the issues presented by the Citizens United decision; namely, should Congress and the States have the ability to regulate campaign contributions, including the prohibition of contributions by certain entities. If the Council agrees that Congress and the States should have this authority, then the Council can determine whether to adopt a resolution which expresses its position. As noted, some local governmental entities have expressed a general position in support of action without endorsing a particular approach. Based upon the foregoing considerations, I recommend that the Council take no action to adopt the resolution as proposed on December 17, 2012. Pursuant to your instructions, copies of this report have been provided to Jim Hammerstrom, Stephen Painter, and Elliot Wheeler, the individuals who made this request to Council on December 17, 2012. Respectfully submitted, Daniellagha City Attorney Council Appointed Officers Mr. Jim Hammerstrom Mr. Stephen Painter Mr. Elliot Wheeler a CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 _ Roanoke, Virginia 24011-1536 Telephone: (540) 853 -2541 Fax: (540( 853 -1145 STEPHANIE M. MOON, MMC E -mail: clerlp@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk City Clerk January 8, 2013 The Honorable Brenda S. Hamilton Clerk of the Circuit Court Roanoke, Virginia Dear Ms. Hamilton: CECELIA T. W EBB Assistant Deputy City Clerk Attached you will find a copy of the Oath of Office for James M. Bullington as a City representative of the Roanoke Valley - Alleghany Regional Commission that was taken, subscribed and sworn to on December 20, 2012. The original oath erroneously stated that Mr. Bullington would be filling the unexpired term of Jay Foster, when in fact Mr. Bullington was appointed for a term ending June 30, 2015. Please place the corrected copy of the Oath of Office for Mr. Bullington among the records. If you have any questions, please feel free to contact me. Sincerely, k fX� Inn Y�tpJ✓vJ Stephanie M. Moon, MIMIC City Clerk Attachment Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, James M. Bullington, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the R2gno ke Valley - Alleghany Regional Commission 4e. 1 aIFrn+ June 30, 2015, according to the best of my ability. So help me God. 1k Ja es M. Bullington The foregoing oath of office was taken, sworn to, and subscribed before me by James M. Bullington this day of J /2012. Brenda S. Hamilton, Clerk of the Circuit Court ey u to, Clerk a CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 r Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Faa: (540) 853 -1145 STEPHANIE M. MOON, MMC E -mail: clerk@roanokeva.gov JONATHAN E. CRAEr City Clerk Deputy City Clerk CECEEIA T. WEEH Aoietanl Deputy City Clerk January 8, 2013 Wayne G. Strickland, Executive Director Roanoke Valley Alleghany Regional Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that James M. Bullington has qualified as a City representative of the Roanoke Valley - Alleghany Regional Commission for a term ending June 30, 2015. Sincerely, M. T&,..O Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, James M. Bullington, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me was -a City representative of the 5noke Valley - Alleghany Regional Commission te. A.. - "" June 30, 2015, according to the best of my ability. So help me God. i jil � 4 JaMes M. Bullington The foregoing oath of office was taken, sworn to, and subscribed before me by James M. Bullington this y of J ,,s'/,_,2012. Brenda S. Hamilton, Clerk of the Circuit Court By ' u Clerk w CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenge, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Far: (540)853 -1145 STEPHANIE M. MOON, MMC E-ma0: oleriuroanokeva.gov JONATHAN E. CR City Clerk Deputy City Clerk CECELIA T. WEBB Assistant Depnty City Clerk January 8, 2013 Ann H. Shawver, Secretary City of Roanoke Pension Plan, Board of Trustees Roanoke, Virginia Dear Ms. Shawver: This is to advise you that Gregory W. Feldmann has qualified as a City representative of the City of Roanoke Pension Plan, Board of Trustees, to fill the unexpired term of Jeffrey Rakes ending June 30, 2013. Sincerely, Vehan4,e J�'� �} M. Moon, MMC / City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Gregory W. Feldmann, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the City of Roanoke Pension Plan, Board of Trustees to fill the unexpired term of Jeffrey Rakes ending June 30, 2013, according to the best of my ability. So help me God. GREdOFYY W.FELDMANN The foregoing oath of office was taken, sworn to, and subscribed before me by / Gregory W. Feldmann this day of f I'am °2012. Brenda S. Hamilton, Clerk of the Circuit Court s CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 K Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, MMC E -mail tlerk@roanokeva.gov JONATHAN E. CE City Clerk Deputy City Clerk CECELIAT.W BB AssiOund Deputy City Clerk January 8, 2013 Rebecca Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: This is to advise you that Lora J. Katz has qualified as a member of the City Planning Commission for a four -year term of office ending December 31, 2016. Sincerely, Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Lora J. Katz, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City Planning Commission for a four -year term of office commencing January 1, 2013 and ending December 31, 2016, according to the best of my ability. So help me God. L r J. z ' The foregoing office g oath of oce was taken, sworn to, and subscribed before me by Lora 7 J. Katz this �� ay of �� 2012. Brenda S. Hamilton, Clerk of the Circuit Court �s STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Far: (540) 853 -1145 E -naafi: elerk@roanekeva.,v, January 8, 2013 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: JONATHAN E. CRAE1 Deputy City Clerk CECELIA T. WP.RH Assistant Deputy City Clerk This is to advise you that Benjamin S. Crawford has qualified as a memberofthe Roanoke Arts Commission to fill the unexpired term of Scott I. Burton ending June 30, 2014. Sincerely, y� tephan ie M. Moon MMC City Clerk SMM:jec Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Benjamin S. Crawford, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission to fill the unexpired term of Scott 1. Burton ending June 30, 2014, according to the best of my ability. So help me God. Xn BENJAMIN S. CRAWFORD The foregoing oath of office was taken, sworn to, and subscribed before me by Benjamin S. Crawford this _day of LC m/✓.t.2012. Brenda S. Hamilton, Clerk of the Circuit Court �FkS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of January, 2013. No. 39561- 010713. A RESOLUTION authorizing acceptance of the FY2012 and FY2013 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the FY2012 Fire Programs Funds Grant in the amount of $11,904 and the FY2013 Fire Programs Funds Grant in the amount of $259,388, for total grant funds of $271,292, with no local match, such grant being more particularly described in the City Council Agenda Report dated January 7, 2013. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to famish such additional information as maybe required by the Department of Fire Programs in connection with the acceptance of the foregoing grant. ATTEST: M hi. ftleyj City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of January, 2013. No. 39562- 010713. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2012 -2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 35- 520- 3341 -2035 $ 11,904 Expendable Equipment <$5,000 35- 520 - 3342 -2035 62,405 Training and Development 35- 520- 3342 -2044 62,405 Wearing Apparel 35- 520 - 3342 -2064 69,578 Recruiting 35- 520- 3342 -2065 5,000 Regional Fire Training Academy 35- 520- 3342 -9073 60,000 Revenues Fire Program FY12 35- 520- 3341 -3341 11,904 Fire Program FY13 35- 520- 3342 -3342 259,388 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 7, 2013 Subject: Department of Fire Programs Grant Background: The Fire Programs Fund was established by the General Assembly in the mid 1980s. Program guidelines require that funds received are non - supplanting and may not be used to replace existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs. The City of Roanoke received a second allocation in the amount of $11,904 for FY 2012 and an allocation of $259,388 for FY 2013 from the Department of Fire Programs. The Roanoke Fire -EMS Department will be using these funds for the following expenditures: Expendable Equipment < $5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Total FY12 FYI $11,904 $ 62,405 $ 62,405 $ 69,578 $ 5,000 $ 60.000 $11,904 $259,388 Recommended Actions: Adopt the accompanying resolution to accept funds totaling $271,292 from the Department of Fire Programs to be used as referenced above. Authorize the City Manager to accept the grant and file any documents, approved as to form by the City Attorney, setting forth the conditions of the FY 2012 and FY 2013 Fire Programs Funds Grant, and to furnish such additional information as may be required. Adopt the accompanying budget ordinance to establish a revenue estimate for additional FY 2012 and FY 2013 Department of Fire Program funds totaling $271,292 and appropriate funding to project accounts as referenced above. --- - - - - -- --------------- - CHRISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7Th day of January, 2013. No. 39563- 010713. AN ORDINANCE to transfer funding from the Aviation & Towne Square Boulevard project to the Capital Street Paving FY14, Neighborhood Storm Drains, and 9" Street SE Over Roanoke River Bridge Renovation projects, amending and reordaining certain sections of the 2012 -2013 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 -2013 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from State Grant Funds Appropriated from State Grant Funds Appropriated from State Grant Funds Appropriated from State Grant Funds Revenues VDOT— 9`" St Bridge Renovation VDOT — City -wide Storm Drain Improvement VDOT — Aviation Dr & Towne Square 08- 530 - 9504 -9003 $ 181,319 08- 530 - 9525 -9007 27,601 08- 530 - 9734 -9007 21,060 08- 530 - 9830 -9003 ( 181,319 ) 08- 530 - 9830 -9007 ( 48,661 ) 08- 530 - 9525 -9526 27,601 08- 530 - 9734 -9734 21,060 08 -530- 9830 -9832 ( 48,661 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Ch 1, irO- % tt" City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 7, 2013 Subject: Aviation Drive & Towne Square Blvd. Intersection Improvements Background: Intersection improvements at Aviation Drive and Towne Square Boulevard have been completed. As a result of favorable bids and a successful construction contract, a balance remains in the project account. The project was funded through a combination of VDOT Revenue Sharing, local and private funds. The remaining funds can be reallocated to other eligible projects. Considerations: The City was awarded $1,035,214 from VDOT in revenue sharing funds. A balance of $48,661 in VDOT funding remains in the project capital account and those funds may be reallocated to other eligible revenue sharing projects within the City. Additionally, a balance of $181,319 in City funding remains in the project capital account. Staff recommends that the remaining VDOT revenue sharing funds be split between two existing revenue sharing projects. These are the 9th Street Bridge over Roanoke River Superstructure Replacement project, to which $27,601 would be allocated, and a city -wide storm drain improvement project to which $21,060 would be allocated. Local funding is available in both accounts to provide the 50 percent match for VDOT funds. Staff also recommends the remaining city funding be transferred to support the City's annual paving program. When the Aviation and Towne Square project was initiated, $425,000 was transferred from the paving operating account to support the project. Thus, staff recommends remaining funds be returned to the paving program; more specifically into a new capital account to be used for the FY14 paving program. Further, staff has applied for additional revenue sharing funds for FY14 for paving. In anticipation of receipt of at least some, if not all of the requested funds, creation of this account is timely and revenue sharing funds received for paving would be appropriated into this same account, if approved. Recommended Action: Adopt the accompanying budget ordinance to accomplish the following Reduce previous revenue estimates for funds expected to be received from VDOT for the Aviation Drive and Towne Square Intersection Improvement project (capital account 08 -530 -9830) by the amount of $48,661. Establish additional revenue estimates in existing capital accounts based on planned use of funding and transfer this same amount into the two capital accounts listed below and in the amounts indicated. • 9th Street SE over Roanoke River Bridge Renovation (08 -530 -9525) $27,601 • Neighborhood Storm Drain Projects (08 -530 -9734) $21,060 Transfer funding in the amount of $181 ,319 to an account to be established by the Director of Finance for the Paving Program in FYI 4. CHRIST. MORRILL City Manager Distribution: Council Appointed Officers Mark D. Jamison, P.E., Transportation Division Manager CITY OF ROANOKE r OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, MIMIC E -mail: clerlQ@roanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk January 8, 2013 CECELIAT.WEBB Assistant Deputy City Clerk Brenda Hale, President, Roanoke Branch — NAACP Bishop Edward Mitchell, President, Roanoke Chapter — SCLC David Carson, Chairman, Roanoke City School Board Braxton Nall Chairman, Roanoke Neighborhood Advocates Karen Michalski - Karney, Executive Director, Blue Ridge Independent Living Center John Brill, Chairman, Republican Committee of the City of Roanoke Joann Edmunds, Chairman, Democratic Committee of the City of Roanoke The Reverend Cad T. Tinsley, Chairman, City of Roanoke Electoral Board Ladies and Gentlemen: I am enclosing a certified true copy of Resolution No. 39564 - 010713 appointing a task force to study the current alignment of the City's voting precincts, consider the current proposal for realignment of the City's voting precincts submitted by the City of Roanoke Electoral Board, and make a recommendation to City Council as to whether the voting precincts may be realigned or consolidated to make voting more efficient and convenient to maximize voter participation, effective upon its passage. Furthermore, Section 1 requires each organization or body to nominate an individual who is a resident of the City not currently serving in elected public office to serve on this task force for consideration by the Council for appointment at its February 4, 2013, regular session. Please submit the name, address, and occupation of nominees) to the City Clerk's Office or ask the nominee to complete the application for appointment online at www.roanokeva.gov (click on the: Upcoming Vacancies on Council- Apoorded Bodies and then the Application for Appointment links), no later than January 28, 2013, at 4:00 p.m The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 7, 2013. Sincerely, Stephanie M. Moon, MMC l City Clerk Enclosure Hale, Mitchell, Carson, Naff, et. al. January 8, 2013 Page 2 PC: Melvin Williams, Secretary, City of Roanoke Electoral Board Lavern Shepherd, Registrar Cindy Poulton, Clerk, Roanoke City School Board Christopher Morrill, City Manager Daniel J. Callaghan, City Attorney Sherman M. Stovall, Assistant City Manager for Operations eiK*�, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of January, 2013. No. 39564- 010713. A RESOLUTION appointing a task force to study the current alignment of the City's voting precincts, consider the current proposal for realignment of the City's voting precincts submitted by the City of Roanoke Electoral Board, and make a recommendation to City Council as to whether the voting precincts may be realigned or consolidated to make voting more efficient and convenient to maximize voter participation. WHEREAS, the City currently has 32 voting precincts and one additional precinct for absentee voting, all of which comply with State mandates as to the maximum and minimum number of voters within each precinct, and all of which comply with State mandates as to their configuration in that each precinct is "compact and contiguous" and has "clearly defined and clearly observable boundaries "; WHEREAS, each of the City's voting precincts requires its own voting machines and five officers of elections and the actual polling place must conform to requirements of the Americans with Disabilities Act and other laws, rules, and regulations, making the determination of acceptable polling places more difficult; WHEREAS, the number of registered voters within the 32 voting precincts vary in size from a low of approximately 1,300 registered voters to a high of more than 4,100 registered voters; WHEREAS, each voting precinct is assigned two (2) electronic poll books, regardless of the number of voters registered in any such voting precinct; WHEREAS, voters in some voting precincts within the City experienced long waits in lines during the November 6, 2012 general election; WHEREAS, the City of Roanoke Electoral Board, in consultation with officials with the City's Planning Department and the City Registrar, proposed a realignment of the City's voting precincts K:VN.s \E.blkh the 11ttu.s Task Force 2012.&o from 32 to 19 (and one additional voting precinct for absentee voters) to City Council in January 2012 (the "Electoral Board Proposal "); WHEREAS, the City of Roanoke Electoral Board held five (5) public Stop -In Sessions throughout the City in August 2012 to receive input from citizens regarding the Electoral Board Proposal; WHEREAS, City Council held a public hearing on November 19, 2012 to receive input from citizens regarding the Electoral Board Proposal; WHEREAS, the City has not comprehensively revised its voting precincts in many years and a realignment or consolidation of voting precincts in a fashion which will reduce the number of voting precincts may be warranted to make voting more efficient and convenient for citizens of the City and thereby maximize voter participation in elections; and WHEREAS, City Council desires to have citizens who have an interest in, and knowledge of, this City's election process to review the City's current alignment of voting precincts, consider the Electoral Board Proposal, and make such recommendations to City Council as they may deem advisable regarding the realignment or consolidation of the City's voting precincts to make the voting precincts efficient and convenient to the citizens of the City in order to maximize voter participation. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. A task force of nine (9) individuals nominated by the organizations or bodies identified below is established to review the current alignment of the City's voting precincts, the Electoral Board Proposal, and the voting process and to make such recommendations to City Council as to the realignment or consolidation of the City's voting precincts as this task force deems advisable. Each of the following organizations or bodies shall nominate an individual who is a resident of the City not currently serving in elected public office to serve on this task force and City Council shall consider such nominations and make appointments at the February 4, 2013 regular session of the City Council; K \M4 ,ure,T,UbhA the Elmb..s Task Force 2012,&o (a) One (1) member nominated by the Roanoke Branch, National Association for the Advancement of Colored People (NAACP); (b) One (1) member nominated by the Roanoke Chapter, Southern Christian Leadership Conference (SCLC) (c) One (1) member nominated by the Roanoke City School Board; (d) One (1) member nominated by the Roanoke Neighborhood Advocates; (e) One (1) member nominated by the Blue Ridge Independent Living Center; (1) One (1) member nominated by the Republican Committee of the City of Roanoke; (g) One (1) member nominated by the Democratic Committee of the City of Roanoke; and (h) Two (2) officers of elections nominated by the City of Roanoke Electoral Board. 2. The City Clerk shall notify each organization or body of the creation of this task force and request each organization or body to submit the name, address, and occupation of its nominee(s) to the City Clerk's Office no later than January 28, 2013 at 4:00 p.m. 3. Following their appointments, the members of this task force shall elect a chair and a secretary. The chair shall be responsible for calling meetings of the task force and performing all responsibilities for the conduct of such meetings. The secretary shall maintain minutes of all meetings. This task force shall hold at least two (2) public hearings to receive comments from citizens. Each public hearing shall be set with at least five (5) days and not more than ten (10) days prior notice by publication. The City shall include notices on its website. 4. The City Attorney shall provide reasonable staffing assistance to this task force. 5. The City Manager and the City of Roanoke Electoral Board are requested to provide such additional reasonable staff assistance to this task force as may be necessary for it to accomplish its purpose. 6. This task force is requested to provide its recommendations to Council, in writing, by May 14, 2013, and present its recommendations to Council during the Council regular session on May 20, 2013. ATTEST: K the Els,,.a Task Force 2012,do City Clerk.l, 'rr. ins' Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 TELEPHONE 540 - 853 -2431 FAX 540.853 -1221 HMAIL, ckyavp @roanokeva.gov January 7, 2013 The Honorable Mayor and Members of City Council Re: Election Precincts Task Force Dear Mayor Bowyers and Members of Council: Timothy R. Spencer Steven J. Talevi Gary E. Tegenkamp David L. Coffins Heather P. Ferguson Assistant City Attorneys Pursuant to your decision at your December 17, 2012 Regular Session, I have prepared a resolution to establish a task force to study the current alignment of voting precincts in the City of Roanoke, consider the proposed realignment of voting precincts presented to Council by the City of Roanoke Electoral Board and made a recommendation to Council regarding the realignment of the voting precincts. This task force will have nine (9) members who will be nominated by various designated organizations in the City of Roanoke. This proposed resolution includes your directives made at the December 17, 2012 regular session. In addition, this proposal includes provisions to implement your directives. These provisions include the following requirements: • Each designated organization submit its nominee to the City Clerk by Thursday, January 28, 2013 • Council make appointments at its regular session on February 4, 2013 • Members of the task force elect a chair and a secretary at its first organizational meeting • Task force submits its written report to the Council by May 14, 2013 and presents its report to Council during the regular session of Council on May 20, 2013 Please let me know if you have any questions. Sincerely, Daniel J allaghaN City Attorney VVV DJCFIsc Attachment c: Christopher Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Stephanie Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853-2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, MMC E -mail: clerligroanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T. W EBB Assistant Deputy City Clerk January 8, 2013 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. 39565 - 010713 authorizing the issuance and sale of not to exceed seventy million dollars ($70,000,000) 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. 39565 - 010713, 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 S, 2013 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 7, 2013. Sincerely, Stephanie M. Moon, M C City Clerk Attachment PC: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, One Chase Manhattan Plaza, 42nd Floor, New York, New York 10005 -1401 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget �Aipr- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA RESOLUTION N039565-010713 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED SEVENTY MILLION DOLLARS ($70,000,000) 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 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 $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 "). 12163273 036446 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 $46,030,000 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2004, dated February 1, 2004 and maturing in varying amounts on October I in each of the years 2004 through 2019 (the "Series 2004 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 $7,935,000 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2004A, dated March 1, 2004 and maturing in varying amounts on August I in each of the years 2004 through 2017 (the "Series 2004A 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 "). (f) 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 $5,500,000 principal amount of General Obligation Public Improvement Bonds, Series 2006B, dated February 8, 2006 and maturing in varying amounts on February 1 in each of the years 2007 through 2026 (the "Series 2006B 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 $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 "). (h) 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 $44,925,000 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 "). (i) 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 $4,820,000 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 20100, dated August 11, 2010 and maturing in varying amounts on July 15 in each of the years 2011 through 2025, on July 15, 2027 and on July 15, 2030 (the "Series 2010C Bonds "). -2- 12163273 036446 RSIND 0) 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 $5,470,000 principal amount of General Obligation Public Improvement Bonds, Series 2010D (Tax- Exempt- Recovery Zone Facility Bonds), dated August 11, 2010 and maturing in varying amounts on July 15 in each of the years 2011 through 2025, on July 15, 2027 and on July 15, 2030 (the "Series 2010D Bonds") (k) 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 $7,610,000 principal amount of General Obligation Public Improvement Bonds, Series 2012A, dated March 14, 2012 and maturing in varying amounts on February 1 in each of the years 2013 through 2032 (the "Series 2012A Bonds "). (1) 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 $15,385,000 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2012C, dated March 14, 2012 and maturing in varying amounts on February 1 in each of the years 2020 through 2025 (the "Series 2012C Bonds "). (m) 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 of the outstanding Series 2003 Bonds, the outstanding Series 2004 Bonds, the outstanding Series 2004A Bonds, the outstanding Series 2005 Bonds, the outstanding Series 2006A Bonds, the outstanding Series 2006E Bonds, the outstanding Series 2008 Bonds, the outstanding Series 2010A Bonds, the outstanding Series 2010C Bonds, the outstanding Series 2010D Bonds, the outstanding Series 2012A Bonds and the outstanding Series 2012C 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 structure. (n) 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 2003 Bonds, the outstanding Series 2004 Bonds, the outstanding Series 2004A Bonds, the outstanding Series 2005 Bonds, the outstanding Series 2006A Bonds, the outstanding Series 2006B Bonds, the outstanding Series 2008 Bonds, the outstanding Series 2010A Bonds, the outstanding Series 2010C Bonds, the outstanding Series 20101) Bonds, the outstanding Series 2012A Bonds, the outstanding Series 2012B 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 "). (o) Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized to issue refunding bonds to refund all or a portion of its outstanding bonds in advance of their stated maturities. -3- 1216327.3 036446 RSA1D (p) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Seventy Million Dollars ($70,000,000) principal amount of General Obligation Public Improvement Refunding 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 of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Seventy Million Dollars ($70,000,000) principal amount of general obligation refunding bonds of the City which shall 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 of a 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 in 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 02) 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 if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount 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 -4- 1216327.3 036446 RSIND 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 if any such condition so specified is not satisfied. If a redemption of any Bonds 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 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 of redemption. 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 principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 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 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 -5- 1216327.3 036446 RSIND 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 first 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 firth 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 of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized 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. -6- 1216327.3 036446 RSIND (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 each series 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 of DTC, 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 of DTC 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 is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by 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 of 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 7- 1216327.3 036446 RSMD 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 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the 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, 2014, 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, provided further 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 percent (5.00 %) 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. If the 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) If the 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 "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 of the 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 of the 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 final 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 -8- 1216327.3036446 RSTND to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" 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 thereof. (f) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of 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 of 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 of the 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 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. -9- 1216327,3036446 RSIND 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 of 1991, as amended). SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: -rl. YY� City Clerk. 10- 1216327.3 036446 RSIND EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R- S 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 far), 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 (I 5th) 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 time of Cede & Co., as nominee of The Depository Trust Company ( "DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of 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. The principal of this Bond is payable on presentation and surrender hereof at the office of , as the Registrar and Paying Agent, in the City of Principal of and interest on this Bond are payable in any A -1 12163273 036446 RSQJD coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like 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 of their 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 of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. 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 thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accmed on the principal amount to be redeemed to the date fixed for the redemption thereof. Year I Principal Amonnt The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new A -2 12163273 036446 RSR4D 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 fast 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 of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Any notice of the 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 12163273 036446 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 of the 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. [SEAL] Attest: proceedings. City Clerk CITY OF ROANOKE, VIRGINIA Mayor CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within - mentioned UM as Registrar Authorized Signator Date of Authentication: A -4 1216327.3 036446 RS W D 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 1276327.3 036446 RSMD CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 7, 2013 Subject: Authorization to Refund Bonds Background: The City Debt Policy 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 three percent of the principal amount of the refunded bonds, and to remain compliant with the City's debt policies. Refunding Candidates In order to achieve the best possible net present value savings outcome, the City, along with Public Financial Management, Inc. (PFM) the City's financial management advisors, will review all outstanding issues of general obligation public improvement and refunding bonds to select appropriate candidates for refunding from both a legal and savings opportunity perspective. Accordingly, each of the outstanding issues listed will continue to be evaluated for inclusion or exclusion of refunding bond issues according to the City's policy of at least three percent net present value savings. The City issued $26.385 million of Series 2003 bonds dated July 1, 2003, to refund various projects including the City Jail expansion, Hotel Roanoke Conference Center and the Juvenile Detention Home expansion. Series 2003 bonds mature in varying amounts on August 1 in each of the years 2004 through 2021 and on August 1 , 2024. The City issued $46.03 million of Series 2004 Refunding bonds dated February 1, 2004 to refund portions of the Series 1996, Series 1999A and Series 1999B Public Improvement Bonds. Series 2004 bonds mature in varying amounts on October 1 in each of the years 2004 through 2019. The City issued $7.935 million of Series 2004A Refunding bonds dated March 1, 2004 to refund portions of the Series 1997A Public Improvement Bonds. Honorable Mayor and Members of City Council January 7, 2013 Page 2 Series 2004A bonds mature in varying amounts on August 1 in each of the years 2004 through 2017. The City issued $3.975 million of Series 2005 bonds dated December 15, 2005 to fund the acquisition of Countryside Golf Course. Series 2005 bonds are subject to mandatory sinking fund redemptions or mature in equal amounts on December 1 in each of the years 2006 through 2020. The City issued $29.555 million of Series 2006A bonds dated February 8, 2006, to fund various projects including schools, technology, infrastructure and economic development. Series 2006A bonds mature in varying amounts on February 1 in each of the years 2007 through 2026. The City issued $5.5 million of Series 20068 bonds dated February 8, 2006 to fund the South Jefferson Redevelopment Project. Series 20068 bonds mature in equal amounts on February 1 in each of the years 2007 through 2026. The City issued $45.99 million of Series 2008 bonds dated February 5, 2008, to fund various projects including schools, buildings and infrastructure. Series 2008 bonds mature in varying amounts on February 1 in each of the years 2009 through 2028 and on February 1 , 2033. The City issued $44.925 million of Series 2010A Public Improvement and Refunding bonds dated March 11, 2010, to fund the Market Garage renovation and to refund portions of the Series 2002A, 20048, 2006A and 2008 Public improvement Bonds. Series 2010A bonds mature in varying amounts on October 1 in each of the years 2010 through 2029. The City issued $4.82 million of Series 2010C Public Improvement and Refunding bonds dated August 11, 2010, to fund various projects including schools, digital radio and infrastructure and to refund portions of the Series 2002A Public improvement Bonds. Series 2010C bonds mature in varying amounts on July 15 in each of the years 2011 through 2025, on July 15, 2027 and on July 15, 2030. The City issued $5.47 million of Series 2010D bonds dated August 11, 2010 to fund the Market Building renovations. Series 2010D bonds mature in varying amounts on July 15 in each of the years 2011 through 2025, July 15, 2027 and on July 15, 2030. The City issued $7.61 million of Series 2012A bonds dated March 14, 2012, to fund various projects including school, buildings, infrastructure and Civic Honorable Mayor and Members of City Council January 7, 2013 Page 3 Center improvements. Series 2012A bonds mature in varying amounts on February 1 in each of the years 2013 through 2032. The City issued $15.385 million of Series 2012C Refunding bonds dated March 14, 2012, to refund Series 20048 and Series 2006A Public Improvement Bonds. Series 2012C bonds mature in varying amounts on February 1 in each of the years 2020 through 2025. Considerations Based upon discussions with the City's financial advisor, Public Financial Management, Inc, the City is currently in the position to reap savings from refunding bonds, but since interest rates fluctuate daily, it is imperative to the success of a refunding that the City act quickly once interest rates enable us to achieve an acceptable level of savings. Refunding bonds will be considered additional debt in the context of the City's debt policy and from rating agencies' perspective only to the extent that a slightly higher level of principal would need to 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), funding for the new bonds also would come from the WVWA and RCPS, resulting in debt service savings for those entities as well as for the City. Under current market conditions, Series 2003, 2005, 2006A, 2006B, and 2008 bonds present a savings greater than the City policy limit of three percent. Recommendation: We recommend City Council adopt the accompanying resolution authorizing the City Manager and the Director of Finance to issue not to exceed $70 million principal amount in refunding bonds on or before June 30, 2014. Extending the resolution through June of 2014 will enable the City to proactively manage and pursue additional refunding opportunities in a volatile market where conditions can rapidly change from favorable to unfavorable. Refunding bonds shall be issued to refund all or a portion of the Series 2003, Series 2004, Series 2004A, Series 2005, Series 2006A, Series 2006B, Series 2008, Series 2010A, Series 2010C, Series 2010D, Series 2012A and Series 2012C bonds if net Honorable Mayor and Members of City Council January 7, 2013 Page 4 present value savings of three percent or greater of the net present value of the refunded bonds can be achieved. Sincere y, Ann H.Shawver Director of Finance AHS:rs c: Council Appointed Officers Amelia C. Merchant, Director of Management and Budget Donald G. Gurney, Hawkins Delafield & Wood LLP JoAnne Carter, Managing Director, Public Financial Management, Inc. Kevin Rotty, Managing Director, Public Financial Management, Inc. ANNH. SHAWVER. CPA Dircemr of Finance January 7, 2013 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Be. 1220 Roanoke, Virginia 24011 -1220 Telephone. (540)8534821 Fax (540) 8536142 Dear Mayor Bowers and Members of City Council: Subject: November FYI 3 Financial Report - City of Roanoke ANDREA I'. TRFNT Asslemm Direemr of fimaoce The following financial report provides commentary on the City's financial results for the five months ended November 30, 2012. FYI year -to -date revenues increased 1 .1% or $851,000 from the prior year as adjusted for Daycare and the Meals tax rate reduction and as presented in the accompanying financial statements. In comparison, the budgeted increase was 0.4 %when comparing the FYI 3 adopted budget against the FYI adjusted final results. Growth resulted from favorable performance in other local taxes, permits and fees, funding from the Commonwealth, and charges for services. Significant year -to -year variances are explained in further detail in this report. Year -to -date expenditures in FYI increased 0.7% from the prior year as adjusted for Daycare and Eat for Education funding of Roanoke City Public Schools. The adopted expenditure budget for FYI 3 was 0.1 % or $207,000 higher than the adjusted FYI actual. Current year expenditures are ahead of budget related to higher worker's compensation, correctional facility costs, derecho and increased street maintenance costs. A 3.0% pay raise for employees went into effect July 2012 and will affect comparisons throughout the year. Also, to the Sheriff's Department employees enrolled in the Virginia Retirement System (VRS), an additional pay increase of 5.0% was provided to offset an employee contribution of 5.0 %. The City expects to meet its overall expenditure budget for FYI 3 and carefully manages the budget to ensure obligations are met. Major expenditure variances are described in further detail in the expenditure section of this report. Revenues: Commentary on the significant categories of revenues and /or significant revenue variances is provided as follows: Honorable Mayor and Members of Council January 7, 2013 Page 2 General Property Tax revenues were below FYI by 1.1 %or $440,000. Current year Real Estate taxes decreased slightly, while delinquent collections increased. This was offset by a decrease in Personal Property taxes resulting from higher exonerations. The vast majority of Personal Property Taxes are collected during the final months of the fiscal year. Other Local Tax revenues increased 3.6% or $619,000 compared to the same period in FYI as adjusted for the meals tax rate reduction. The Transient Occupancy tax performed well with growth of 5.7% as a result of growth in room demand. As a result of the Roanoke Valley Convention and Visitors Bureau's endeavor to increase media coverage, we have seen a significant increase in travel to the city. Sales tax increased 2.7% or $127,000 with some of the larger businesses posting slight increases. This tax is received two months in arrears so November revenues reflect September year to date sales. The favorable results were in part due to increased retail and restaurant activity following the late June derecho event. Food and Beverage tax increased 4.8% over the prior year when adjusted for the change in the tax rate. Permits. Fees and Licenses increased by 23.0% or $81 ,000 compared to FYI 2 mainly as a result of increased building inspection fees from a few major projects as well as the timing of the receipt of annual security alarm fees which were received in December in FYI 2. Fines and Forfeitures increased by 13.7% or $69,000 compared to FYI 2, mainly as a result of improved collections of delinquent personal property taxes. Revenue from the Use of Money and Property decreased by 26.0% or $21 ,000 compared to the same period in FYI 2, primarily a result of lower interest earnings. Intergovernmental revenues, adjusted for the change in Daycare, increased 1 .4 %. Rental car tax increased due to a change in timing of payments from the Commonwealth from quarterly in the prior year to monthly in FYI 3. Also contributing to the variance were increased reimbursements for Foster Care offset by the timing of Comprehensive Service Act reimbursements. Charges for Services increased 9.4% or $256,000 resulting from increased EMS revenue collections by the new vendor offset by decreased off -duty police billings due to the end of the need for off -duty police presence at the Shenandoah Life building in FYI 3. A change in accounting methodology for Weed Cutting and Demolition also contributed to the increase. Honorable Mayor and Members of Council January 7, 2013 Page 3 Miscellaneous Revenues were up 13.0% mainly due to the receipt of $37,440 from Verizon for the settlement of a class action suit related to public service corporation personal property assessments statewide. Expenditures: The fiscal year 2013 adopted General Fund expenditure budget totaled $253.0 million and in addition, included funding of approximately $1.1 million to cover contracts and purchase orders made during fiscal year 2012 but not paid by the end of that year. Variances of more than $400,000 or 10% are discussed as follows: Public Safety was up 1.6% or $430,000 primarily due to increased Jail health care charges resulting from an increase in base health care cost, expansion in dental and psychiatric hours provided and additional healthcare coverage. These additional services were added based on inmate needs as determined by the Jail and the health care provider, Conmed. Public Works increased 5.4% or $644,000 from the prior year due to increased paving and sidewalk maintenance costs. Heath and Welfare decreased 5.3% or $762,000 over an adjusted prior year. This was mainly due to the timing of subsidy payments for the Health Department and Blue Ridge Behavioral Healthcare as well as the payout of an employee stipend which occurred in November of FY12. This was offset by increased Foster Care expenditures. Civic Facilities Fund In November, the Civic Center held 29 events with 14,313 attendees. This was nine more events, but 4,877 less attendees than in November 201 1. The number of November 2012 events exceeded the number of budgeted events by six, while attendance fell short of budget by 9,521. The programming at the Civic Center covers a wide variety of entertainment events which can cause comparisons between years to vary widely. Event highlights for November included comedian Brian Regan, singer Martina McBride, the Stocked Market, the Virginia Baptist Mission Conference, and five Virginia Tech hockey games. Honorable Mayor and Members of Council January 7, 2013 Page 4 For FYI year -to -date, there have been 98 events with 66,851 attendees. This was an increase of 7.7% or seven more events, and an increase of 21.8% or 1 1 ,950 more attendees compared with the same period in FYI 2. The FYI year -to -date Operating Loss for the Civic Center was $958,000, an improvement of 4.3% or $43,000 from FYI 2. Revenues decreased by $267,000, while expenses decreased by $31 1 ,000. The year -to -date Change in Net Assets for FYI was a decrease of $1,138,000, compared to a FYI decrease of $1,196,000, a 4.9% or $58,000 improvement. December programs included a WWE Wrestling and performances of Scrooge, The Nutcracker, Shrek, and Disney on Ice. Through November, the net operating loss for Global Spectrum, which manages the Civic facilities, has deteriorated $272,000 compared to their original FYI year -to -date budget. Parking Fund The City's Parking Fund operates seven garages and five surface lots with a total FYI budget of $3.3 million. While each facility generates varying levels of income or loss, the Parking Fund as awhole meets all cash flow needs, including debt service, without a General Fund subsidy and generates sufficient working capital to fund facility improvements and repairs. The November FYI 3 year -to -date operating revenues decreased 7.7% or $108,000 compared to FYI 2. Facility revenues decreased about 6.6% or $81 ,000. Six facilities are ahead of FYI and six facilities are behind FYI 2. A major customer was still between two and three months in arrears at the end of November, reducing facility revenues by about $85,000 or 6.1 %and affecting three locations. This customer made payment in mid December. Had the revenues been received in November, facility revenues would have been about $4,000 ahead for the year, with nine facilities ahead of last year and only three behind. The remaining $26,000 revenue decrease was due to lower on- street parking ticket fines and fees as a by- product of downtown construction as well as Virginia Western Community College (VWCC) initiating their own ticketing program in July 2011 . The early months of FYI still saw some ticket revenues from VWCC. FYI revenues contain no revenues from VWCC. On the expense side, spending levels for FYI are up 16.7 %, or $91,000, compared to FYI 2. This is partially due to $28,000 of expense for a Parking Honorable Mayor and Members of Council January 7, 2013 Page 5 Coordinator position now recorded in the Parking Fund. In FYI 2, this position was charged to General Fund. In addition, year -to -date maintenance expenses are up about $24,000, driven primarily by a new alarm system at Church Avenue. Year -to -date water and electric expenses have also risen, by approximately $14,000. While some Parking Fund expenses have increased, the City is making needed investments in its parking infrastructure. City of Roanoke Pension Plan The Pension Trust Fund experienced an investment gain of 5.9% for the fiscal year - to -date through November 2012, which reflects gains in the domestic equity, international equity, convertible bond, real estate, fixed income, and alternative asset categories of investments. Investment performance for this period was slightly above the Policy Portfolio benchmark performance of 5.4 %, due to performance in the international equity, fixed income, convertible bond, and real estate investment allocations. Pension Plan investment decisions are made with a long -term view, and the Roanoke Plan is currently outperforming its policy targets in both the short and long term. For the five month period ending November, 2012, Plan Net Assets increased $9.2 million. This was a result of $4.4 million in employer contributions and $17.4 million in net investment gains offset by $12.6 million in benefit payments and Plan administrative expenses. Benefits Paid to Participants increased 4.0% due to a combination of the 1.5% cost of living adjustment provided to eligible retirees effective July 1, 2013 and higher retirement allowances having been earned by more recent retirees. Closing In closing, the economy has continued to expand at a moderate pace. The specters of federal sequestration and the U.S. fiscal cliff are anticipated to be addressed by the presentation of this report but as of this November report, continue to pose significant downside risks. Growth in employment has been slow. The October 2012 unemployment rate for the Roanoke MSA was 5.5% as compared to 5.4% for Virginia and 7.5% for the United States. The Federal Reserve is continuing its policy to hold interest rates at all -time lows and predicts this to continue at least as long as the U.S. unemployment rate remains above 6.5 %. Overall, City taxes remain stable thus far in FY13. Sales tax has grown, and the City continues to benefit from consumer spending through the meals and lodging taxes. Revenues and expenditures should perform according to budget as the year progresses. Honorable Mayor and Members of Council January 7, 2013 Page 6 Please contact me with any questions you have on these financial statements. Sincerely, ' v N� ---- Ann H.Shawver Director of Finance Attachments c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Drew Harmon, Municipal Auditor Stephanie M. Moon, City Clerk Sherman M. Stovall, Assistant City Manager R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Management and Budget Deborah J. Moses, Parking Facilities Manager Robyn L. Schon, General Manager, Global Spectrum Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent of Operations, Roanoke City Public Schools Revenue Source General Propeny Taxes Omer Local Taxes Permits, Fees and Licenses Fines and FoReif arks Revenue from Use of Money and Property Infergpvemmental Charges for Services Internal Servicas Transfers From Other Funds Miscellaneous Revenue Subtotal 2 Cents Meals Tax component Daycare Total Expenditures Gene it Government Judicial Administration Public Safety Public WOrks Health and Welfare Parks, Recreadcn and Oultural Community Development Transfer to Debt Serviw Fund Transfer to school Fund Nondepanmervel Subtotal CITY OF ROANOKE. VIRGINIA GENERAL FUND FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2012 STATEMENT OF REVENUE (UNAUDITED) Current Revenue Revenue Budget Budget Variance $ 103,024,000 $ (62,984,493) 71456,200 (53,855380) 1.013,000 (5]],410) 1392000 (029701) 210,000 (149010) 64.415 000 (47,946.239) ],76]000 (4,705923) 2,632,000 (1824845) 42886 (10,000) 471,000 (257737) $ 253,323,086 $ (173,322,838) $TATEMENTOF Actual July 1 November 30 2012-2013 $ 40,939,507 17,600820 435 590 562,299 60 990 16466761 2,981,0]] 70],055 32 886 13 263 $ 60,000,248 (UNAUDITED) Current Expenditure Uncommitted Budget Balance $ 13379,553 It 7,681628 7,805.023 4,636,127 59721.043 31 858584 25,070.530 12,464,29] 3],116,0]1 23522444 9495696 5088681 6,398.]02 3,690,696 14,005,255 3,543,518 72770400 42,449,400 8645.174 7610240 254.4 707 $ 142,348.697 Actual July i - November 30 2012 -2013 $ 5,697,925 3.168,896 28,064,4]9 12,606.233 13,50862] 440],015 2.]00,004 10,461,63] 30,321,000 1 034 934 $ 112056,]50 Actual Percent of Julys - November 30 FY13 vs "12 Budget 2011 2012 Variance Received $ 41,3]9,10] (1.1 %) 394% 16,982040 3.6% 24.6% 354221 230% 430% 494,673 137% 404% 82,397 (26.0 %) 29.0% 16,247,166 1.4% 25.6% 2725,329 94% 364% 696,015 1.6% 269% - 100.0% 767% 188,781 13.0% 45.3% $ ]9,149,]29 1.1% 31.6% 1,59],155 1,142,214 $ 81,889,098 Actual Percent of July 1- November 30 FY13 va FY12 Budget 2011 -2012 Varance Obligated $ 5,696096 0.0% 42.6% 3,108448 1.9% 406% 27 634,661 1 6% 47 0% 11,962015 84% 50.3% 14,350,679 (53 %) 366% 4,369,325 04% 464% 2,549.]]] 6.2% 42.3% 10,310236 1.5% 74.7% 30,025,649 1 0% 417% 1215632 (149 %) 120% $ 111,242,]18 0,7% 44.0% EM for Education 1,983,090 Daycare 1,461,017 Total $ 114,686,025 Nonoperating Revenuesi(Expenses Investment Income 23,757 23,518 Interest Expense (203,822) (243,785) Net Nonoperating Expenses (180,065) (220,267) Loss Before Transfers and Contributions (1,137,794) (1,221,395) Transfers and Contributions Transfer from Capital Projects Fund 25,000 Net Transfers and Contributions - 25,000 Change in Net Assets $ (1,137,794) $ (1,196,395) I CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2012 (UNAUDITED) FY 2013 FY 2012 Operating Revenues Rentals $ 793,875 $ 971,717 Event Expenses 320,852 406,183 Advertising 68,399 81,087 Admissions Tax 112,676 108,930 Facility Surcharge/Ticket Rebate 104,895 120,697 Commissions 24,378 - Ancillary 30,113 28,372 Miscellaneous 52,927 58,512 Total Operating Revenues 1,508,115 1,775,498 Operating Expenses Personal Services 525,043 509,713 Operating Expenses 1,420,203 1,728,388 Management Fees 152,368 147,500 Depreciation 368,230 391,025 Total Operating Expenses 2,465,844 2,776,626 Operating Loss (957,729) (1,001,128) Nonoperating Revenuesi(Expenses Investment Income 23,757 23,518 Interest Expense (203,822) (243,785) Net Nonoperating Expenses (180,065) (220,267) Loss Before Transfers and Contributions (1,137,794) (1,221,395) Transfers and Contributions Transfer from Capital Projects Fund 25,000 Net Transfers and Contributions - 25,000 Change in Net Assets $ (1,137,794) $ (1,196,395) I CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2012 (UNAUDITED) vv on�a cv Irma ODeratina Revenues Market Garage $ 199,848 $ 219,860 Elmwood Park Garage 197,145 237,206 Center in the Square Garage 119,568 117,073 Church Avenue Garage 256,723 264,598 Tower Garage 152,857 145,447 Gainsboro Garage 55,764 72,203 Campbell Garage 35,014 24,805 Williamson Lot 26,583 38,797 Higher Ed Center Lot 24,963 23,137 Market Lot 8,890 8,105 Elmwood Lot 17,181 31,567 Warehouse Row Lot 18,122 15,645 West ChurchNMCA Lots 10,946 10,946 Off Street Parking Violations (All Locations) 19,556 14,948 On Street Parking Violations 149,959 176,505 Total Operating Revenues 1,293,119 1,400,842 Operating Expenses Operating Expenses 641,299 549,670 Depreciation 343,360 342,755 Total Operating Expenses 984,659 892,425 Operating Income 308,460 508,417 Nonoperating Revenues /(Expenses) Investment Income 22,363 20,482 Miscellaneous 17,455 - Interest Expense (275,992) (296,173) Net Nonoperating Expenses (236,174) (275,691) Change in Net Assets $ 72,286 $ 232,726 3 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED NOVEMBER 30, 2012 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED NOVEMBER 30, 2012. BALANCE AT I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY BALANCE AT BALANCE AT OCT 31, 2012 RECEIPTS DISBURSEMENTS NOV 30, 2012 NOV 30, 2011 CONSOLIDATED FUNDS $66,608,990.44 $18,761,490.51 $25,667,711.32 $59,702,769.63 $53,291,929.32 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING NOVEMBER 30, 2012. THAT SAID FOREGOING: CASH CASH IN HAND $13,275.04 CASH IN WELLS FARGO BANK 14,259,618.63 CASH IN VALLEY BANK 2,944.75 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 24,215,704.28 SMITH BARNEY GOVERNMENT MONEY MARKET FUND 2,798,710.90 CERTIFICATES OF DEPOSIT 6,013,504.97 U. S. AGENCIES 4,000,000.00 VIRGINIA AIM PROGRAM (U. S. SECURITIES) 21,015.96 VIRGINIA SNAP PROGRAM (U. S. SECURITIES) 8,377,995.10 TOTAL $59,702,769.63 DECEMBER 17, 2012 EVELYN .POWERS, TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2012 (UNAUDITED) FY 2013 FY 2012 Add itionsi(Red uctions): Employer Contributions $ 4,440,122 $ 4,707,072 Investment Income Net Appreciation /(Depreciation) in Fair Value of Investments 16,073,998 (17,744,536) Interest and Dividend Income 1,467,309 1,546,806 Total Investment Gain /(Loss) 17,541,307 (16,197,730) Less Investment Expense 117,989 180,551 Net Investment Gain /(Loss) 17,423,318 (16,378,281) Total Additions /(Reductions) $ 21,863,440 $ (11,671,209) Deductions Benefits Paid to Participants $ 12,605,599 $ 12,122,188 Administrative Expenses 8,251 5,554 Total Deductions 12,613,850 12,127,742 Net Increase /(Decrease) 9,249,590 (23,798,951) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance November 30 11 320,545,500 330,416,109 $ 329,795,090 $ 306,617,158 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS NOVEMBER 30, 2012 (UNAUDITED) Assets Cash Investments, at Fair Value Accounts Receivable Due from Other Funds Total Assets Liabilities and Net Assets Liabilities: Due to Other Funds Accounts Payable Total Liabilities Net Assets Held in Trust For Pension Benefits E a FY 2013 FY 2012 $ 1,187,165 $ 1,842,622 331,128,248 307,203,757 16,440 - 159 477 $ 332,332,012 $ 309,046,856 $ 2,536,791 $ 2,429,588 131 110 2,536,922 2,429,698 $ 329,795,090 $ 306,617,158 7. c.2. City of Roanoke Financial Report Five Months Ended November 30, 2012 FY13 General Fund Overview • FY13 adopted budget 0.4% below FY12 actual adjusted for Daycare and Eat for Education. • Revenues YTD increased 1.1% in FY13 compared to FY12 as adjusted. • Other Local taxes increased 3.6 %. Sales, Business and Occupational Licenses, Prepared Food, and Transient Occupancy taxes showed favorable results. • Expenditures are budgeted at 0.1% below adjusted FY12 actual. • Expenditures YTD increased 0.7% compared to FY12 as adjusted, primarily resulting from increases in Public Safety and Public Works, offset by the timing of the Health Department subsidy payment. • The General Fund is expected to remain within budget for the year. z y C 0 6.5 6.4 6.3 6.2 6.1 6.0 Sales Tax Growth FY13 Revenue Estimate $18.788 M Four Months Ended 10/31 ■ Prior YTD Actual ❑ YTD Budget ■ YTD Actual Sales tax revenues increased 3.0 %. Higher revenues were generated in July by increased activity following the late June derecho event. 3 Continued Meals Tax Growth 5 4 N G 0 3 2 1 FY13 Revenue Estimate $12.502 M Four Months Ended 10/31 ■ Prior YTD Adjusted ❑ YTD Budget ■ YTD Actual Revenue was 2.0% higher than FY13 budget. Adjusting for the tax rate change effective July 1, 2012, revenues were 4.8% over prior year. El Strong Performance in Lodging Tax Transient Occupancy Tax Revenue Estimate $3.153 M 1.75 1.50 y 1.25 0 1.00 0.75 0.50 0.25 0.00 Five Months Ended 11130 ■ Prior YTD ❑ YTD Budget ■ YTD Actual Lodging tax revenue increased 5.7% compared to FY12 indicating an increase in travel to the area. 5 Cigarette Tax Exceeding Budget Cigarette Tax Revenue Estimate $2.409 M 1.25 1.00 U) a 0.75 0 0.50 0.25 0.00 Five Months Ended 11130 ■ Prior YTD ❑ YTD Budget ■ YTD Actual Cigarette tax revenue has increased 2.8% since FY12 and is 6.3% higher than budget. 6 Admissions Tax l Admissions Tax Revenue Estimate $0.420 M 0.3 c 0.2 0 M 0.1 Five Months Ended 11130 ■ Prior YTD ❑ YTD Budget ■ YTD Actual Admissions tax revenue decreased 4.8% since FY12 and is 5.1 % below budget. Funding From the Commonwealth 25% of Budget Budgeted revenues up $.807M or 1 % from FY12 Non- $ 1,383,000 $ 1,288,000 $ 95,000 7.4% 16.9% categorical Shared 2,640,000 2,709,000 ( 69,000) ( 2.6 %) 30.0% Social 7,518,000 7,360,000 158,000 2.2% 27.2% Services Other 4,924,000 4,891,000 33,000 0.7% 24.9% Categorical • Non - categorical increase due to timing of payments for Rental Car Tax • Social Services decreased from timing of CSA reimbursements offset by increased Foster Care reimbursements Note: Social Services for FY12 has been adjusted for the change in Daycare. 8 Other Local Revenues All Other Revenues Comprise 5% of Budget it Permits Fines & forfeitures Interest & rental Charges for services Internal services Miscellaneous $ 436,000 $ 354,000 $ 82,000 23.2% 213,000 562,000 494,000 68,000 13.8% 61,000 82,000 ( 21,000) (25.6 %) 2,981,000 2,725,000 256,000 9.4% 707,000 696,000 11,000 1.6% 213,000 190,000 23,000 .01% 43.0% 40.4% 29.0% 38.4% 26.9% 45.3% Permits up from increased Building and Inspection Fees from a few major projects Fines and forfeitures up from increased collections of delinquent personal property taxes Charges for services increased due to improved EMS collections Miscellaneous increased due to proceeds from a class action suit with Verizon 9 Personnel (Salary /Benefit) Lapse Performing Ahead of Target $50 o $40 $30 W $20 cn $10 Target Actual 5 Mo Ended 11/30 Fiscal Year savings projected to exceed budget by $175,000. YTD expenditure is .2% or $84,500 ahead 10 of target. N$1,500 $1, 000 $500 t $0 H Workers' Compensation Expenses Above Target Target 9, T,raas%rq:"19101 Actual t YTD expense is 82.7% or $578,000 above target of $699,500 related to an increase in expenditures on large claims and as a result of several older claims with ongoing costs. Comprehensive Services Act it Expenses Above Target $5.0 I w $3.0 $2.0 $1.0 $0.0 FY 2012 Actual FY 2013 Actual 5 Mo Ended 11/30 Target YTD expenses are 5.4% or $163,700 above target of $3.OM. 12 Residential Juvenile Detention It Expenses Slightly Above Target $1,000 $750 N ca $500 $250 s $0 H Target 5 Mo Ended 11/30 Actual YTD expense 5.1 % or $21,600 above target of $416,600 N$1,500 =$1,000 $500 t $0 H Solid Waste Tipping Fees Above Target Target 5 Mo Ended 11130 Actual it YTD costs are 3.9% or $35,500 above target of $.9M. Tipping Fees increases due to derecho storm debris. Reimbursement for storm related damages has been applied for from FEMA and VDEM. 14 At Motor Fuel Expenses ii Above Target U) $1,000 $750 $500 = $250 $0 Ta rg et Actual Ak7inxrrs"rKia YTD expense 7.8% or $57,900 above a non - seasonally adjusted target of $739k. Increase above target is attributed to derecho storm related clean up expenses. Costs are controlled by practice of contracting for fuel. 15 Civic Facilities Fund Comparative Statement of Revenues and Expenses For the Five Months Ending November 30, 2012 FY 2013 FY 2012 Variance Total Operating Revenues $ 1,608,116 $ 1,775,498 (16 %) Total Operating Expenses 2,466,844 2,776,626 11% Operating Loss (967,729) (1,001,128) 4% Net Nonoperating Expenses (180,066) (220,267) 18% Loss Before Transfers and Contributions (1,137,794) (1,221,396) 7% Net Transfers and Contributions - 26,000 100% Change in Net Assets $(1,137,794) $(1,196,396) 6% • 98 events FY13 YTD which is an increase of seven events over one year ago and an increase of 21.8% or 11,950 attendees. • November 2012 had six more events but attendance fell short of budget by 9,521. • November events included comedian Brian Regan, singer Martina McBride, the Stocked Market, the Virginia Baptist Mission Conference, and five Virginia Tech hockey games. • Decreased operating expenses which outpaced decreased operating revenues contributed to an operating loss improvement compared to prior year. 16 Parking Fund Comparative Statement of Revenues and Expenses For the Five Months Ending November 30, 2012 • Operating Revenues decreased $108K primarily due to a major customer being three months in arrears. If this customer were current, revenues would have been $231k below prior year. The customer became current in December. • Parking Fund operating expenses increased $91 K mainly resulting from a new alarm system at Church Avenue and increased water and electric expense. 17 FY 2013 FY 2012 Variance Total Operating Revenues $1,293,119 $1,400,842 (8 %) Total Operating Expenses 984,659 892,425 (10 %) Operating Income 308,460 508,417 (39 %) Net Nonoperating Expenses (236,174) (275,691) 14% Change in Net Assets $ 72,286 $ 232,726 (69 %) • Operating Revenues decreased $108K primarily due to a major customer being three months in arrears. If this customer were current, revenues would have been $231k below prior year. The customer became current in December. • Parking Fund operating expenses increased $91 K mainly resulting from a new alarm system at Church Avenue and increased water and electric expense. 17 Pension Plan Trust Outpacing Policy Benchmarks at all Measurement Intervals Performance Period Roanoke Pension Plan Policy One Month 1.3% 0.8% Fiscal YTD 5.9% 5.4% One Year 14.5% 12.4% Three Years 10.2% 9.0% Five Years 3.2% 2.3% Market Value Assets (Millions) ■ Low (2128/09) ■ 6/30/08 ■ 6/30/09 ■ 6/30/10 11116/30111 ❑ 6/30/12 111111/30112 ■ High (10131107) Asset Allocation 11/30/12 • US Equities • Cash Equiv • Real Estate ❑ Balanced • Convertibles • International Equities • US Fixed Income ❑ International Emerging Equities ■ Infrastructure Funds Pension Plan assumed rate of return is 7.75% 18 Unemployment Trends Roanoke MSA VA us ■ Dec 11 ❑ Mar 12 ■ Jun 12 ❑ Sep 12 ❑ Oct 12 October unemployment rates decreased for the US, Virginia and Roanoke MSA. Trends indicate closing of gap between Statewide and Roanoke MSA unemployment rates. City Performance Stable Through November • Several local taxes continue to demonstrate strong growth: sales, meals and lodging taxes in particular • Expenditures through November are ahead of budget but variances are expected to be managed • Pension Plan is performing above policy target at all measurement intervals 20 ,. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 's Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853-1145 STEPHANIE M. MOON, MMC E -marl c1erk0rDanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T. W EBB Assistant Deputy City Clerk January 8, 2013 Wayne and Beverly Embrey 1124 16th Street, S. E. Roanoke, Virginia 24013 Dear Mr. and Mrs. Embrey: I am enclosing two copies of Ordinance No. 39557 - 010713 permanently vacating, discontinuing and closing an approximately 1,201 square foot portion of the alley situated between Official Tax Map Nos. 4221015, 4221016, 4221017 and 4221025. Ordinance No. 39557- 010713 further ordains that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance; and upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court, the applicant shall file with the City Engineer the Clerk's receipt demonstrating that such recordation has occurred. If the above conditions have not been met within one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Ordinance No. 39557- 010713 was adopted by the Council of the City of Roanoke on first reading on Monday, December 19, 2012, also adopted by the Council on second reading on Monday, January 7, 2013, and will take effect ten days following date of its second reading. Sincerely, Stephanie M. Moon, MMC l City Clerk Enclosure Wayne and Beverly Embrey January 8, 2013 Page 2 pc: Alan L. Terhune, 1618 Clinton Avenue, S. E., Roanoke, Virginia 24013 Barry D. Argabright, 1620 Clinton Avenue, S. E., Roanoke, Virginia 24013 Gary L. Miller, 1624 Clinton Avenue, S. E., Roanoke, Virginia 24013 Joyce W. Deal, 1113 17th Street, S. E., Roanoke, Virginia 24013 Mark D. Powell, 655 Highland Avenue, S. E., Roanoke, Virginia 24013 Liz Dudley, 533 6th Street, S. E., Roanoke, Virginia 24013 Matt Henry, 706 Highland Avenue, S. E., Roanoke, Virginia 24013 Ron McCorkle, 1721 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 The Honorable Brenda Hamilton, Clerk of the Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Phil Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Rebecca Cockram, Secretary, City Planning Commission J � lv \TF IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of January, 2013. No. 39557- 010713. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right -of -way in the City of Roanoke, as more particularly described hereinafter. WHEREAS, Wayne and Beverly Embrey filed an application with the Council of the City of Roanoke, Virginia ( "City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on December 17, 2012, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right -of -way situated in the City of Roanoke, Virginia, and more particularly described as follows: An approximately 1,201 square foot portion of the alley situated between 1 Official Tax Map Nos. 4221015, 4221016, 4221017 and 4221025 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IF FURTHER ORDAINED that closure of the subject right -of -way shall be subject to the condition that the applicant submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties within the right -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way. 2 BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. ATTEST: Cl erk. I_jQ�,.� M. T , 1 3 I� CITY COUNCIL AGENDA REPORT 6 To: Honorable Mayor and Members of City Council Meeting: December 17, 2012 Subject: 1124 16th Street, S.E. Alley Closure Request Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, November 15 2012. By a vote of 6 -0 the Commission recommended vacation of the alley as requested. The applicant is reducing the development potential, thus the applicant should not be charged for the alley. Vacation should be subject to the following conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Planning Commission Public Hearing Discussion: Planning Commission recommended approval or Katz, Chair City Planning Commissio cc: Chris Morrill, City Manager Daniel J. Callaghan, City Attorney Timothy R. Spencer, Assistant City Attorney Steven J. Talevi, Assistant City Attorney Wayne and Beverly Embrey +y or AlhaV Vacation or e - 1 ® I daribn Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone'. (540) 853 -2541 Fax (540) 853-1145 Date: sep 21, zotz , Submittal Number. original Aonlication Request: Xx Street or Alley Vacation ❑ Street or Alley Closure By Barricade Property In /ormation Addresses) (if applicable): Official Tax Note). (if applicable): Location and description of street or alley to be closed: Reason for request and proposed use of closed street or alley. 112416Th St, SE 4221015 -7 ndr ive, 4221025 FApproximately 1,201 square fact portion of alley between Official Tax Map Nos. 4221015, 4221016, 4221017 21025 as shown on the map attached. Vacation is needed to combine lots so that the storage shed on Official Tax Map No. 4221025 becomes an accessory structure to the primary structure on Official Tax Map No. 4221016, per the zoning ordinance. Under the current conditions, the accessory structure isn't permitted by itself on Off vial Tax Map No. 4221025. IWAVaK6.lnfor"WRin„�'E ` tna ` r 1[ nt -:n Ia ' t tf t 8 hftirtN: Name: Wayne and Beverly Embrey Phone Number +1 (540) 797 -694440 12416th St, SE, Roanoke, VA 24013 Name, Address: Authorized Agent's Signature: E -Mail: Phone Number E E -Mail. C wz2S99a 211 . 4224009 427_102 4224024 4224402 � A224p1° � ,�p3 a224p2 k221 A224p14 A224o23 �j x22{012 p2A y N A224 0 m 220978 A224p13 22 919 N 04 A Ni 8224 N o� rn 2404y NN N� 01 A224 °46 Total Square Footage = 1,201 a22 °822 RM-1 yob A224p1 aq,2 A`LZ °g23 rn 5 A22pg2A NN> W 925 N o 0 2 0908 N a 42 9 A22p9'L° NC'i �i tP> N p22p02� NNE N n > > 423 a`ti2o9�� a22pg2a rnA NN >1ro s Alley Closure Map 4220929 GVP' 42 ,304 %0 A 2093 304 EMBERY, WAYNE 1124 16TH ST SE ROANOKE VA 24013 REFERENCE: 80131927 13175734 State of Virginia City of Roanoke The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times fITYGLER IC- UEt_201012v NPH -Wayne and Beverl I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Virginia. Sworn and subscribed before me this lay of December 2012. Witness my hand and official seal. PUBLISHED ON: 11/30 12/07 TOTAL COST: 346.96 FILED ON: 12/19/12 Notary Public Q'PNNOTARY 'Y- 9 �% �' PUBLIC -.2 * ' REG. 4 0909[ip 1 = MV f.O MhaISSInfJ NOTICE W PNNIIG NEAONO ON-MMwI yNMws 36m ... of W. e. W' 2012 5'MNe M. ., 66 (131767X) Authorized Signature: ` "� % (� Billing Services Representative \\ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, December 17, 2012, at 7:00 p.m., or as soon thereafter as the matter maybe 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: An Application by Wayne and Beverly Embrey to vacate an approximately 1,201 square foot portion of the alley between Tax Map Nos. 4221015, 4221016, 4221017 and 4221025. A copy of the application is 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 26thlay of November ,2012. Stephanie M. Moon, MMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, November 30 and Friday, December 7, 2012. Send affidavit to: Send bill to: Stephanie M. Moon, MMC, City Clerk Wayne and Beverly Embrey 215 Church Avenue, S.W., Room 456 1124 16" Street, S. E. Roanoke, Virginia 24011 Roanoke, Virginia 24013 (540) 853 -2541 (540) 797 -6940 AFFIDAVIT APPLICANT: Wayne and Beverly Embrey LOCATION: 112416 1h St., SE REQUEST: Alley vacation COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Rebecca Cockram, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first -class mail on the 26th day of October, 2012, notices of a public hearing to be held on the 15th day of November, 2012, on the request captioned above to the owner or agent of the parcels as set out below: Tax No 4221026 TERHUNE ALAN L 1618 CLINTON AVE SE ROANOKE VA 24013 4221027 ARGABRIGHT BARRY D 1620 CLINTON AVE SE ROANOKE VA 24013 4221028 MILLER GARY L 1624 CLINTON AVE SE ROANOKE VA 24013 4221024 DEAL JOYCE W 1113 17TH ST SE ROANOKE VA 24013 Additional parties notified: Mark D. Powell 655 Highland Ave SE Roanoke,VA 24013 Liz Dudley 533 6th Street SE Roanoke,VA 24013 Matt Henry 706 Highland Avenue SE Roanoke,VA 24013 Ron McCorkle 1721 Kenwood Blvd SE Roanoke, VA 24013 J C-cAc� Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26 day of October, 2012. ����� Notary Public CANDACE R. Rle Reg NOTARY PUBLIC Commonwealth ofVirginia My Commison #262076 Expires December 10, 2012 CECELIA T. wERB Assistant Deputy City Clerk Wayne and Beverly Embrey 1124 16" Street, S. E. Roanoke, Virginia 24013 Dear Mr. and Mrs. Embrey: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, December 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 Municipal Building, 215 Church Avenue, S. W., on the request of Wayne and Beverly Embrey to vacate an approximately 1,201 square foot portion of the alley in connection with 1124 16`n Street, S. E. 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 December 17th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Step anie M. Moon, MMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 275 Church Avenge, S. W., Suite 456 � Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 E -moil: x1erk*roanokevvgov STEPHANIE M. MOON, MMC JONATHAN E. CRAFT City Clerk Deputy City Clerk December 10, 2012 CECELIA T. wERB Assistant Deputy City Clerk Wayne and Beverly Embrey 1124 16" Street, S. E. Roanoke, Virginia 24013 Dear Mr. and Mrs. Embrey: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday, December 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 Municipal Building, 215 Church Avenue, S. W., on the request of Wayne and Beverly Embrey to vacate an approximately 1,201 square foot portion of the alley in connection with 1124 16`n Street, S. E. 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 December 17th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Step anie M. Moon, MMC City Clerk SMM:ctw Enclosure 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, 1 have advertised a public hearing for Monday, December 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 Municipal Building, 215 Church Avenue, S. W., on the request of Wayne and Beverly Embrey to vacate an approximately 1,201 square foot portion of the alley in connection with 1124 16`h Street, S. E. This 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. Sincerely, - N,YY�� Stephanie M. Moon, MMC City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 rt Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Far: (540) 853 -1145 E -mail: clerk®roanokeva.gov JONATHAN E. CRAFT STEPHANIE M. MOON, MMC Deputy City Clerk City Clerk December 10, 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, 1 have advertised a public hearing for Monday, December 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 Municipal Building, 215 Church Avenue, S. W., on the request of Wayne and Beverly Embrey to vacate an approximately 1,201 square foot portion of the alley in connection with 1124 16`h Street, S. E. This 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. Sincerely, - N,YY�� Stephanie M. Moon, MMC City Clerk SMM:ctw September 21, 2012 Rebecca Jo Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: Pursuant to Section 36.1- 690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on September 21, 2012, from Wayne and Beverly Embrey requesting that a portion of alley located at 1124 16th Street, S. E., designated as Official Tax Map Nos. 4221015 — 4221017, inclusive, and Official Tax Map No. 4221025 respectively, be permanently vacated, discontinued and closed. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure PC: The Honorable Mayor and Members of the Roanoke City Council Wayne and Beverly Embrey, 1124 16 Street, S. E., Roanoke, Virginia 24013 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Timothy R. Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 LL Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON, MMC E -meJ: elerkraroano keva.8pv JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk September 21, 2012 Rebecca Jo Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: Pursuant to Section 36.1- 690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on September 21, 2012, from Wayne and Beverly Embrey requesting that a portion of alley located at 1124 16th Street, S. E., designated as Official Tax Map Nos. 4221015 — 4221017, inclusive, and Official Tax Map No. 4221025 respectively, be permanently vacated, discontinued and closed. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure PC: The Honorable Mayor and Members of the Roanoke City Council Wayne and Beverly Embrey, 1124 16 Street, S. E., Roanoke, Virginia 24013 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Timothy R. Spencer, Acting City Attorney Steven J. Talevi, Assistant City Attorney Mr. David Lake 2405 Wycliffe Avenue Roanoke, Virginia 24014 Dear Mr. Lake: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 7, 2013, you were appointed to replace Eddie Wallace as a member of the Mill Mountain Advisory Committee for a term of office ending June 30, 2015. Once the Oath has been administered, please return a signed copy to the City Clerk's Office prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fan (540)853 -1145 STEPHANIE M.MOON,MMC E -mail: clerkCroanokeva.gov JONATHAN E. CRAFT Acting City Clerk Deputy City Clerk CECELIA T. WEBB Assistant Deputy, City Clerk January 8, 2013 Mr. David Lake 2405 Wycliffe Avenue Roanoke, Virginia 24014 Dear Mr. Lake: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 7, 2013, you were appointed to replace Eddie Wallace as a member of the Mill Mountain Advisory Committee for a term of office ending June 30, 2015. Once the Oath has been administered, please return a signed copy to the City Clerk's Office prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." David Lake January 8, 2013 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Mill Mountain Advisory Committee. Sincerely, ►*V,) Stephanie M. Moon, MMC City Clerk SMM:jec Enclosures PC: Nicole Ashby, Secretary, Mill Mountain Advisory Committee, w/ application COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of January 2013, David Lake was appointed to replace Eddie Wallace as a member of the Mill Mountain Advisory Committee for a term of office ending June 30, 2015. Given under my hand and the Seal of the City of Roanoke this eighth day of January 2013. City Clerk Ms. Kae Bolling 2341 Woodcliff Road, S. W. Roanoke, Virginia 24014 Dear Ms. Bolling: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 7, 2013, you were reappointed as a member of the Mill Mountain Advisory Committee for a three -year term of office ending June 30, 2015. Facility, 315 Church Avenue, S. W. Once the Oath has been administered, please return a signed copy to the City Clerk's Office prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)851 -2541 Far: (540)855 -1145 STEPHANIE M. MOON, MMC E -mail: clerk@rounokeva.gov JONATHAN E. CRAFT Acting City Clerk Deputy City Clerk CECELIAT. WEBB Assistant Deputy city Clerk January 8, 2013 Ms. Kae Bolling 2341 Woodcliff Road, S. W. Roanoke, Virginia 24014 Dear Ms. Bolling: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 7, 2013, you were reappointed as a member of the Mill Mountain Advisory Committee for a three -year term of office ending June 30, 2015. Facility, 315 Church Avenue, S. W. Once the Oath has been administered, please return a signed copy to the City Clerk's Office prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Kae Bolling January 8, 2013 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue to serve the City of Roanoke as a member of the Mill Mountain Advisory Committee. Sincerely, ,, Stephanie M. Moon, MMC City Clerk SMM:jec Enclosures PC: Nicole Ashby, Secretary, Mill Mountain Advisory Committee COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of January 2013, Kae Bolling was reappointed as a member of the Mill Mountain Advisory Committee for a three -year term of office ending June 30, 2015. Given under my hand and the Seal of the City of Roanoke this eighth day of January 2013. # " '. dv/ City Clerk Mr. Thomas Turner 4901 Greenlee Road, S. W. Roanoke, Virginia 24018 Dear Mr. Turner: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 7, 2013, you were appointed as the zoo representative of the Mill Mountain Advisory Committee to fill the unexpired term of Richard Walters ending June 30, 2013. Facility, 315 Church Avenue, S. W. Once the Oath has been administered, please return a signed copy to the City Clerk's Office prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Tekpluuie: (540) 853 -2541 Faa: (540)853 -1145 STEPHANIE M. MOON, MMC E-mail: clerk@roanokeva.gov JONATHAN &CRAFT Acting City Clerk Deputy City Clerk CECELIA T. WEBB Assirtaat Deputy City Clerk January 8, 2013 Mr. Thomas Turner 4901 Greenlee Road, S. W. Roanoke, Virginia 24018 Dear Mr. Turner: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 7, 2013, you were appointed as the zoo representative of the Mill Mountain Advisory Committee to fill the unexpired term of Richard Walters ending June 30, 2013. Facility, 315 Church Avenue, S. W. Once the Oath has been administered, please return a signed copy to the City Clerk's Office prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Thomas Turner January 8, 2013 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Mill Mountain Advisory Committee. Sincerely, SMM:jec Enclosures PC: Nicole Ashby, Secretary, Mill Mountain Advisory Committee, w/ application Stephanie M. Moon, MMC City Clerk SMM:jec Enclosures PC: Nicole Ashby, Secretary, Mill Mountain Advisory Committee, w/ application COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of January, 2013, Thomas Turner was appointed as a the zoo representative of the Mill Mountain Advisory Committee to fill the unexpired term of Richard Walters ending June 30, 2013. Given under my hand and the Seal of the City of Roanoke this eighth day of January 2013. City Clerk CITY OF ROANOKE t A3:' 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 STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIA T.WEBB Assistant Deputy City Clerk January 22, 2013 Andrea Trent Sherman M. Stovall Assistant Director of Finance Assistant City Manager for Operations Roanoke, Virginia Roanoke, Virginia Dear Ms. Trent and Mr. Stovall: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 7, 2013, you were appointed to serve as designees of the Director of Finance and City Manager, respectively, of the Defined Compensation Board, pursuant to Ordinance No. 39450-71612 adopted on July 16, 2012 to establish and maintain a defined contribution plan. You will be notified regarding the terms of office and expiration date once established and approved by the Council. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as designees of the Deferred Compensation Board. Sincerely, Mt"'t.JYYI 6VvJ Stephanie M. Moon, MMC City Clerk Attachment CITY OF ROANOKE 1 a- OFFICE OF THE CITY CLERK }✓_ . 215 Church Avenue,S.W.,Suite 456 < ko- Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail clerk@roanokeva.gov JONATHAN E.CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIA T.WEBB Assistant Deputy City Clerk January 22, 2013 Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance Carolyn Glover, Director of Human Resources Ladies and Mr. Morrill: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 7, 2013, you were appointed as ex-officio members to the Defined Compensation Board, pursuant to Ordinance No. 39450-71612 adopted on July 16, 2012, establishing and maintaining a defined contribution plan. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as ex-officio members of the Deferred Compensation Board. Sincerely, �m MC UO,J Steph nie M. Moon, MMC City Clerk Attachment