HomeMy WebLinkAboutCouncil Actions 06-01-20ROANOKE CITY COUNCIL
INFORMAL SESSION
JUNE 1, 2020
9:00 A.M.
CITY COUNCIL CHAMBER
215 CHURCH AVENUE, S. W.
AGENDA
COBB
41734 - 060120
PARTICIPATION BY ELECTRONIC COMMUNICATIONS PURSUANT TO
AMENDMENT 28 TO 1-11329, SECTION 2.2- 3708.2,
CODE OF VIRGINIA (1950), AS AMENDED,
ORDINANCE NO. 41703 - 032720; AND
RESOLUTION NO. 41704 - 032720.
The City of Roanoke is a safe, caring and economically vibrant community in
which to live, learn, work, play and prosper
A vibrant urban center with strong neighborhoods set amongst the spectacular
beauty of Virginia's Blue Ridge
Call to Order -- Roll Call. All Present.
Welcome. Mayor Sherman P. Lea, Sr.
NOTICE
This morning meeting and briefings will be televised live and replayed on RVTV
Channel following the 2:00 p.m. session on Thursday, June 4 at 7:00 p.m., and
Saturday, June 6 at 4:00 p.m.; and video streamed through Facebook Live at
facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the
hearing impaired.
1
ITEMS FOR ACTION:
A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in
a Closed Meeting by electric communication means 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.
(7 -0)
A communication from Council Member Michelle L. Davis, Chair, City Council Personnel
Committee, requesting that Council convene in a Closed Meeting by electric
communication means to discuss a personnel matter, being the annual performances of
the Council- Appointed Officers, and the process for selecting a City Attorney for a term
beginning October 1, 2020, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia
(1950), as amended.
(7 -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:
• FY21 Budget Study - 30 minutes
Remarks received and filed
• Regulation of Electric Bicycles - 20 minutes
Remarks received and filed
• COVID -19 Community Conversations - 45 minutes
Remarks received and filed
At 11:04 p.m., Mayor Lea declared the Council Meeting in recess until 2:00 P.M.,
for a Closed Meeting through electronic communication means.
I•
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 19 2020
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
PARTICIPATION BY ELECTRONIC COMMUNICATIONS PURSUANT TO
AMENDMENT 28 TO HB29, SECTION 2.2- 3708.2,
CODE OF VIRGINIA (1950), AS AMENDED,
ORDINANCE NO. 41703 - 032720; AND
RESOLUTION NO. 41704 - 032720.
The City of Roanoke is a safe, caring and economically vibrant community in
which to live, learn, work, play and prosper
A vibrant urban center with strong neighborhoods set amongst the spectacular
beauty of Virginia's Blue Ridge
1. Call to Order - -Roll Call.
The Invocation was delivered by Council Member William Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was
led by Council Member William Bestpitch.
Welcome. Mayor Lea.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, June 4 at 7:00 p.m., and Saturday, June 6 at 4:00 p.m.; and video
streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings
are offered with closed captioning for the hearing impaired.
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
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.
Based upon Executive Order Number Fifty -One, issued by Governor
Northam on March 12, 2020, Amended Executive Order Number Fifty -Three
on April 15, 2020, Executive Order Number Fifty -Five, issued by Governor
Northam on March 30, 2020 and as amended Executive Order Number
Sixty -One issued by Governor Northam on May 8, 2020, Amendment 28 to
HB29 (adopted April 22, 2020), Virginia Code Section 2.2- 3708.2 (A), Virginia
Code Section 15.2 -1413, Ordinance No. 41703 - 032720, and Resolution No.
41704 - 032720, City Council will be conducting this regular session of City
Council by electronic communication means without a quorum of City
Council physically present in Council Chamber and without the presence of
members of the public in the City Council Chamber.
In order to afford citizens an opportunity to provide comments to City
Council during the COVID -19 pandemic disaster, citizens wishing to
address the Council during this regular session of City Council conducted
by electronic communication means were instructed to sign -up by emailing
or by calling the City Clerk's Office at clerk(a--)roanokeva.gov and (540) 853-
2541, by 12:00 p.m., on June 1.
Those citizens, who have signed up to speak before the Council, have been
provided the Zoom meeting information and will be allowed to join the
meeting and address City Council by electronic communication means.
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Stephen Ambruzs, 416 Campbell Avenue, S. W., addressed the Council with
regard to a -bike regulations.
Ken McLeod, 506 6th Street, S. W., addressed the Council with regard to
participation in Saturday's march and the manner it was handled by the
police.
4. CONSENT AGENDA:
(APPROVED 7 -0)
All matters listed under the Consent Agenda are considered to be routine by the
Members of City Council and will be enacted by one motion. There will be no
separate discussion of the items. If discussion is desired, the item will be
removed from the Consent Agenda and considered separately.
C -1 Minutes of the regular meetings of City Council held on Monday,
March 16, 2020; Monday, April 6, 2020; Monday, April 20, 2020; Monday, May 4,
2020; and special meeting held on Friday, March 27, 2020.
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 to be held on Monday, June 15, 2020, at 7:00 p.m., or as soon
thereafter as the matter may be heard, or such later date and time as the City
Manager may determine, with regard to the regulation of electric power assisted
bikes within the City, pursuant to State Code Section 46.2- 904.1.
RECOMMENDED ACTION: Concurred in the request.
C -3 Report of qualification of Robert S. Cowell, Jr., as the Roanoke City
representative of Western Virginia Regional Industrial Facility Authority for a four -
year term of office ending February 3, 2024.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS:
a. Consideration of proposed amendments to the City's 2019 HUD Annual
Action Plan. Robert S. Cowell, Jr., City Manager.
No action taken.
6. PETITIONS AND COMMUNICATIONS: NONE.
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7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the FY 2019 State Homeland Security Program
Grant from the Virginia Department of Emergency Management for
necessary equipment and supplies for the City's Swift Water
Rescue Team.
Adopted Resolution No. 41734 - 060120. (7 -0) and Budget
Ordinance No. 41735 - 060120. (6 -0, Council Member Osborne
was not present when the vote was recorded.)
2. Acceptance of the Local Emergency Management Performance
Grant from the Virginia Department of Emergency Management to
support the Fire -EMS Department.
Adopted Resolution No. 41736- 060120. (7 -0)
3. Authorization of the proposed refunding by the City of Roanoke of
General Obligation Bonds in connection with a project with the
Western Virginia Regional Industrial Facility Authority.
Adopted Resolution No. 41737 - 060120. (7 -0)
4. Adoption of a resolution affirming the declaration of a state of local
emergency in connection with recent flooding in the City.
Adopted Resolution No. 41738 - 060120. (7 -0)
5. Appropriation of funds to implement and maintain an electronic
summons system for the Roanoke Police Department.
Adopted Budget Ordinance No. 41739 - 060120. (7 -0)
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COMMENTS OF THE CITY MANAGER.
The City Manager offered the following comments:
City is Taking First Steps to Re -Open
• Last week we announced that on June 8, we will re -open the
Municipal Building to the General Public from 8:30 a.m. to 4 p.m.,
for citizens who have business with the Commissioner of Revenue
or the City Treasurer offices. Also, starting on June 15, we will
begin a limited recall of certain City employees back to their on -site
work locations.
• Our goal as we re -open is to keep our citizens and employees as
safe as possible. The City has made changes inside our building to
ensure proper social distancing and cleanliness.
• But there is one factor that will require the cooperation of everyone
as the public and city employees return to the Municipal Building:
Wearing face coverings.
• In support of the Governor's mandate that face coverings be worn
in indoor public places, we expect citizens who come into the
Municipal Building to wear a face mask provided by the City, if they
are not already wearing one.
• Employees also are required to wear face masks under specific
conditions while on the job.
• While they are a departure from the norm, these practices will
benefit our community as we re -open. We appreciate everyone's
patience and cooperation as we move toward a new normal.
Conceptual Design for Transit Transfer Station
• The City is moving forward with the design for the new Transit
Transfer Center.
• Conceptual renderings of the new facility have been shared with
the public and are posted on the City's website at roanokeva.gov,
under "Read About Roanoke."
• The City is committed to engaging with the community as the
design for this new facility progresses. Community engagement
regarding the concept and further detailed design elements is
targeted for June.
• In the interim, community members are invited to provide
comments on the illustrations by sending an email to
communit en a ement roanokeva. ov with the subject line:
ROANOKE TRANSIT TRANSFER STATION.
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Signal Equipment, Timing Improvements Completed for Downtown
• When walking or driving downtown you may have noticed changes
to the signal equipment and signal timing improvements on City
streets.
• These changes are intended to improve traffic flow, minimize traffic
delays, and make crossing the street easier by providing a leading
green pedestrian signal.
• Staff in the Transportation Division would like to hear feedback from
the public about the downtown signal re- timing project. To contact
them, send an email to transportation(a)-roanokeva.gov or call 540-
853 -2676
b. CITY ATTORNEY:
1. Approval of amendments to the Roanoke Regional Airport
Commission Amended and Restated Agreement.
Adopted Resolution No. 41740 - 060120. (6 -0, Council Member
Price was not present when the vote was recorded.)
8. REPORTS OF COMMITTEES: NONE.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. A resolution to establish a Council- appointed task force related to the Star
City Strong Recovery Fund.
Adopted Resolution No. 41741 - 060120. (7 -0), as amended.
b. Adopted Resolution No. 41742 - 060120 confirming the City Manager's
declaration of a local emergency; conferring emergency powers in
the City Manager as Director of Emergency Management; authorizing
the City Manager to make application for Federal and State public
assistance to deal with such emergency; designating a fiscal agent
and an agent for submission of financial information for the City; and
calling upon the Federal and State governments for assistance.
(7 -0)
E:3
C. Adopted Resolution No. 41743 - 060120 appointing Elizabeth C. S.
Jamison and Natasha N. Saunders, as School Board Trustees of the
Roanoke City School Board for terms commencing July 1, 2020 and
ending June 30, 2023.
(7 -0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Council Member White -Boyd recommended a resolution or letter of
condolences be sent to the family George Floyd who died on May 25
by the actions of a Minneapolis Police Officer while handcuffed on
the ground. Mayor Lea asked the City Manager to prepare an
appropriate response. Council Member Price concurred in the
request to send correspondence to the family.
Vice -Mayor Cobb thanked Mayor Lea and colleagues for standing
strong during the past weekend's protest and civil disturbances and
for their concern and expressions of sympathy on the passing of his
father, William L. Cobb (Wichita, Kansas) on May 29, 2020.
Council Member White -Boyd announced her appointment by
Lieutenant Governor Fairfax to the COVID -19 Racial Disparities Task
Force to address the disproportionate impact of the virus on
communities of color.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. See below.
CERTIFICATION OF CLOSED MEETING. (7 -0)
Appointed Christopher Vail to replace Robert Logan, III, as a member of the
Board of Zoning Appeals for a three -year term of office commencing
January 1, 2021 and ending December 31, 2023.
Reappointed Stephen Poff (Chief Magistrate) and John Varney (Public
Defender) as City representatives of the Court Community Corrections
Program Regional Community Criminal Justice Board for three -year terms
of office, each, commencing July 1, 2020 and ending June 30, 2023.
Appointed the Honorable Hilary Griffith to replace the Honorable Frank W.
Rogers, III, as the Juvenile Domestic and Relations Court representative
and the Honorable Scott R. Geddes to replace the Honorable Francis
9
Appointed the Honorable Hilary Griffith to replace the Honorable Frank W.
Rogers, III, as the Juvenile Domestic and Relations Court representative
and the Honorable Scott R. Geddes to replace the Honorable Francis
Burkart, III, as the General District Court representative of the Court
Community Corrections Program Regional Community Criminal Justice
Board for three -year terms of office, each, commencing July 1, 2020 and
ending June 30, 2023, respectively.
Reappointed Deputy Chief Eric Charles as the Chief of Police Designee of
the Regional Virginia Alcohol Safety Action Program Policy Board for a
three -year term of office commencing July 1, 2020 and ending June 30,
2023.
Appointed Dr. Thomas Powers, Jr., to replace Landon Howard as a member
of the Roanoke Civic Center Commission for a three -year term of office
commencing October 1, 2020 and ending September 30, 2023.
Appointed Robert Fralin as a City representative of the Roanoke Regional
Airport Commission for a four -year term of office commencing July 1, 2020
and ending March 9, 2024.
Appointed Annette Lewis to replace Renee "Butch" Craft as a City
representative of the Visit Virginia's Blue Ridge, Board of Directors for a
one -year term of office commencing July 1, 2020 and ending June 30, 2021.
12. ADJOURNED - 3:25 P.M.
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SHERMAN P. LEA, SR.
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., SUITE 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853 -2444
FAX: (540) 853 -1145
EMAIL: MAYOR(d,ROANOKEVA.GOV
June 1, 2020
The Honorable Vice -Mayor Joseph L. Cobb and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Vice -Mayor Cobb and 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,
Cr1
Sherman P. Lea, Sr.
Mayor
SPL:ctw
COMMITTEE VACANCIES /REAPPOINTMENTS
June 1, 2020
Public
VACANCIES:
Term of office on the Architectural Review Board ending October 1, 2023.
Term of office on the Board of Zoning Appeals ending December 31, 2023.
Term of office (Builder) on the Building and Fire Code Board of Appeals ending June 30, 2023.
Term of office on the City Planning Commission ending December 31, 2024.
Term of office on (Citizen Member) on the City of Roanoke Finance Board ending June 30, 2022.
Unexpired term of office on the Mill Mountain Advisory Board ending June 30, 2020.
Term of office on the Roanoke Civic Center Commission ending September 30, 2023.
Term of office on the Roanoke Valley Regional Cable Television Committee ending June 30, 2023.
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011 -1536
` -- Telephone: (540) 853 -2541
SHERMAN P. LEA, SR. Fax: (540) 853 -1145
Mayor Email: clerk @roanokeva.gov
June 1, 2020
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
Council Members
William D. Bestpitch
Joseph L. Cobb
Michelle L. Davis
Djuna L. Osborne
Anita J. Price
Patricia White -Boyd
I wish to request a Closed Meeting to discuss the annual performances of the Council -
Appointed Officers; and the process for selecting a City Attorney for a term beginning
October 1, 2020, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as
amended.
Sincerely,
Michelle L. Davis, Chair
City Council Personnel Committee
MLD:ctw
City Council Budget Study
June 1, 2020
Agenda
Five Year Operating Plan
Other Discussion Items
2
S330.0
a
$320.0
$310.0
$300.0
$290.0
$280.0
$270.0
Five Year Operating Plan
2019 2020 2021 2022 2023 2024 2025
Actual Projection Budget Projection Projection Projection Projection
- Revenue - Expense
Operating Expenditure Growth
Real Estate Tax Growth
Personal Property Tax Growth
Prepared Food and Beverage Tax Growth
Most Other Revenue Growth
Salary Increases
Predominantly 2% in FY 22 -25
2% in FY 22 -25
1 % in FY 22 -25
1 % in FY 22 -25
2% in FY 22 -25
2% in FY 22 -25
3
Five Year Operating Plan
Revenue $300.2 $294.6 $298.0 $303.1 $308.2 $313.4 $318.7
Expense 295.5 292.3 298.0 304.6 311.5 318.2 325.4
Variance
.
.
4.7 2.3 0.0 (1.5) (3.3) (4.8) (6.8)
Legally required to adopt balanced budget each fiscal year
through revenue growth (existing or new) or expenditure
reductions
Strategic recognition of priorities and conservative revenue
growth
Anticipation of unavoidable expenditure growth
Future planning in advance is a best practice in order to
respond to identified potential variances
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• Other discussion items
• June 15, 2020 — 2:00 pm — Budget Adoption
• July 20, 2020 - Adopted Budget document available
to the public
R
City of Roanoke's
REAL ESTATE
REHABILITATION
I AX ABATEMENT
PROGRAM
C
7
Background /Overview
Background Briefing on October 28tH
Initial Program Areas for Change Identified
Follow Up Analysis was Undertaken
Initial Recommendations Presented February
3rd
7
Program Areas for Change
• Age of Structure
• Term of Abatement
• Administrative Fees
• Code Enforcement Component
• Other Clarifications /Definitions
0
Revised Program Requirements
Current
AGE OF STRUCTURE
No less than 40 years (residential)
No less than 25 years (commercial)
TERM
3 year term for residential >$300,000
5 year term City wide
10 year term H 1, H2, Rehab, Conservation Districts
+extra 4 year graduated term to reduce density for all categories
Fees
$50 per application for
Commercial and Residential
Recommended
Constructed prior to January 1, 1970
Constructed prior to January 1, 1970
5 year term City Wide residential $250,000 or less
7 year term H1 and H2,
7 year term Rehab, Conservation Districts
$175 per application — Residential Single Fam
$250 per application — Multi -fam *
$250 per application — Commercial and Mixed Use*
* fee is for each principal structure identified in
an application
9
Other Recommendations
• Add Code Enforcement guidelines, inspections,
and approvals to ensure property has been
renovated or remodeled according to Virginia
Property Maintenance Code
• The Completion Date is the June 30t" that
occurs 2 years after the date of Application
• Add Mixed Use to terms throughout ordinance
• Mixed Use properties follow commercial
guidelines 10
Next Steps
• Council Action on Program Re- authorization
(June 15t" )
• Revised Program Changes Effective
(July 1, 2020)
11
..M&
ROANOKE
PARKS AND RECREATION
HEALTH AND WELL -BEING
Presentatic
P
7_0211
CAPRA
INCLUSION SERVICE EXCELLENCE SUSTAINABILITY
�. 0-4 CO
• E -Bikes are currently prohibited on
greenway trails (shared -use paths)
surface trails within city parks.
paved
and natural
• City Code — Chapter 24, Article IV, Sec. 24 -94
• Administrative Policy —Ordinance No. 34579- 120699
• The General Assembly passed HB 543 earlier this
year.
• Further defines e -bikes in three separate classes
• Allows e -bikes on all trails and shared -use paths on July 1
• Establishes a local option to prohibit under certain
conditions
2
HB 543
•Definition
• Unless operated in public right of way, e -bikes
are NOT considered motorized vehicles.
*Classes of E=Bikes
• Class I -pedal - assist only, with no throttle, and
have a maximum assisted speed of 20 mph.
• Class II — throttle assisted and have a maximum
assisted speed of 20 mph.
is Class III —pedal - assist only, with no throttle, and
have a maximum assisted speed of 28 mph.
3
Examples of E-Bikes
CLASS I and CLASS III (with exception of max speed)
Oft"k woof VMA cat C4.&Og
,',e4,cPO mot4 v^no betw"n 40- SO M%
I
PedA14%sat Peculsairfuut
Ojvrfawe, rid" 1"WO PC%" to
011,oy ait-t 0")1!4,r
a]
Examples of E -Bikes
CLASS II —Same as CLASS I and III but with a
Twist Throttle
Thumb Throttle
5
HB 543
• Permitted Uses
• Beginning July 1, all classes of e -bikes are allowed
on all traits and shared -use paths unless prohibited
by the locality.
• Class I and Class II prohibition on
requires a public hearing and the
demonstrate that the restriction
public safety or compliance with
shared-use paths
locality must
is necessary due to
other laws.
• Class III prohibition DOES NOT require a public
hearing. -
Prohibition of all classes
surface trails DOES NOT
of e -bikes on natural
require a public hearing.
Available Council Actions
*Take No Action
• Beginning July 1, e -bikes will be permitted on all
greenway trails and natural surface trails in city
parks.
•Receive Public Input
• Hold a public hearing to help determine which
class e -bikes should be allowed on greenway
trails and natural surface trails, allowing citizens
to voice their opinion on the continued
prohibition of e- bikes.
Recommended Next Ste
*Public Hearing
• Authorize the scheduling of a Public Hearing on
June 15, 2020.
E:3
Questions?
a
ROANOKE
ROANOKE CITY COUNCIL
C(")VID-19 COMMUNITY
CONVERSATIONS
May, 2020
During May of 2020, members of Roanoke City Council held Community Conversations virtually
with nearly 100 stakeholders in the City of Roanoke to talk about the effects that COVID19 has had
on them. The conversations focused on the following areas: Large Business /Organizations, Small
Business, Faith Based Organizations, Non - Profits /Human Services, Hospitality /Entertainment,
Medical /Healthcare and Arts /Culture.
Mayor /Council Community Conversation
Large Business /Organizations 5/13/2020 9am
Attendees
• Mayor Lea
• Bob Cowell — City Manager
• Tiffany Bradbury — Community Engagement Coordinator
• Aisha Johnson — Economic Development Specialist
• Rob Ledger — Economic Development Director
• William Farrell — Berglund Auto
• Valerie Brown — WRABA
• Tina Workman — DRI
• Bob Wills — CFO Branch Engineering /Construction
• Amanda Allen /Alison McGee — Kroger Mid - Atlantic
• Vance Overstreet — Northwest Hardware
• Mike Hamlar — Hamlar- Curtis Funeral Home
• Jeff Meadows — Mast General Store
• Cameron Johnson — Magic City Ford
• Doug Mondy — Valley View Mall
Mayor Provided Context and Purpose and opened meeting at 9:05 am
Introductions
Question 1 - What impacts have been felt during response to COVID -19?
Berglund Auto — Had to balance both creating a safe work place with a safe customer experience.
Initially a challenge with securing PPE. Communication with employees, management, and customers
has been key. Sales off about 50% but has increased with time to where service and sales are now off
only about 10% -15%. Reopening is a bit stricter than previous (such as wearing of masks) requirements
so will now have to adapt — masks, occupancy, etc. are examples. Working to meet the customer where
they want to be met. Sales are still increasing even though service slightly off. Appears the economy
remains strong but not sure how much of this may be driven by special deals or government supports.
WRABA —Small businesses impacted by the abruptness of the closure. Communication has been key
with businesses to allow them to share what steps they are taking to keep their employees and
customers safe. They want to open and maintain compliance with guidelines so people feel safe. They
have fear of how they can safely reopen — this has prompted some to remain open only to pick -up in the
first phases. Early on focus was on securing federal funding assistance — WRABA assisted in this.
DRI — Large events cancelled which impacted businesses early on — have struggled moving past that
immediate stop impact. Small businesses are becoming even more creative but some have just closed
and will stay so through the first phase. Restaurants mainly have moved to pick -up and curbside — some
will open further in first phase. High level of fear and anxiety as they work through trying to find the
11 Page
safest way to reopen /serve their customers and protect their staff. Communication has been key.
Assisting in marketing of downtown and businesses. Use of websites and social media along with gift
cards to keep promoting the area.
Northwest Hardware —They have remained open due to being classified as an essential business —
enabled them to keep pace with last year's sales but has increased their safety obligations for staff and
customers. Have practiced safety guidelines from the beginning which has altered their approach but it
seems to be working. They have seen some business increase due to fear of interacting with crowds in
Lowes and Home Depot. They have been able to source materials others have struggled with (toilet
paper, gloves, cleaners, etc.). They have lost a number of employees who did not feel safe working in
current environment.
Branch Group —They picked up very early work preparing Carilion Clinic to accommodate increase in
cases — this provided them with a bit of lead time to prepare their organization. They have done a great
deal of telework. Work continues on engineering and construction without much interruption except in
those instances when a job site was temporarily stopped for testing. Some work that was anticipated
has not started. New work (bidding) is delayed —this will likely affect industry in 12 -18 months. Field
work continued which created some conflict between field workers and those that were working
remotely. This has required an increase in communications and some management adaptations. Have
seen some supply issues for product. Beginning to prepare for more complete recovery and how they
return people to the office. Probably more communication going on (video, phone, etc.) but less
connection. Also wondering how their offices will be affected as more people work remotely and this
causes them to wonder how will the demand for office space be impacted (they build offices). Spending
time trying to figure out what will change and how. Bob Wills' experience in Texas is that pent -up
demand is high and when reopening occurs it can overwhelm quickly.
Hamlar — State - sponsored projects are slowing which is introducing uncertainty. On the funeral home
part of the business —they are classified as essential (trying to get classification as first - responder —they
have has positive cases among their workforce). Focus on keeping his workforce safe. Guidance in his
industry is conflicting leading to challenges. Questions about their ability to execute on expansion plans
due to the financial uncertainty. Expresses concerns about being able to safely open to larger crowds.
Mast General Store — 550 employees a month ago — all stores are closed which has led to large furloughs
— beginning to reopen but don't want to be overwhelmed by pent -up demand. Were within days of
opening in Roanoke but were unable to do so. 30 -40 employees locally hired but then furloughed. They
remain optimistic about future but will proceed slowly. Opening stores incrementally to learn along the
way what works and what may need to change.
Kroger — As essential business they had a dramatic increase in business because of other business
closures. Focus has been on contactless shopping which was in high demand. Also had to make changes
in stores and operations to ensure safety of customers and employees. High volume of hiring to meet
demand, many have come from impacted industries. Kroger has assembled a blueprint for reopening
that shares the experiences they have seen during their time they have been opened.
Magic City Ford — Didn't' realize at first they were deemed essential. Practiced social distancing but
wearing of facemasks were optional. Had to be innovative and take cars to the customers when getting
repairs. They did sell 200 cars in April, which was unbelievable, but overall sales have been down about
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25 -30 %. Magic City Ford has not had to lay off any full time staff. They donated 200 free oil changes to
nurses at Carilion Roanoke Memorial Hospital and donated 10 meals along with PPE.
Valley View Mall —The Mall was closed from March 25 -May 15. Stores didn't want to pay rent during
this time and with no anchor stores in place open it made it tough to attract people to the mall.
Question #2 Reopening Challenges
Kroger — Ensuring safety and making sure customers and staff feel safe — they have taken steps to
change operations and physical arrangements to support. Have to keep this going for an unknown
period. The high number of new employees and getting them oriented and trained has been a challenge
and will continue to be so.
Hamlar — Access to labor and continued funding for projects. At funeral home —how to manage
expectations against safety guidelines (for example limiting the number of people in attendance).
Branch — Reopening the office — determining who comes in when and how to keep them safe — physical,
operational and cleaning changes /protocols. Staff groups are working through this. Concerns with
workforce and how they will balance if schools do not reopen. On the construction side — change orders
will take longer due to closures and budget slowdowns — especially on state - projects. Slow process to
get back up to speed.
Berglund Auto —The challenge of managing non - essential business against essential within same
operation. Making certain everyone stays safe and feels safe is key. Need to keep this going. Need to
ensure health protocol is adhered to by staff interacting with one another as they do when interacting
with customers. Bringing back furloughed employees and getting them up to speed on the new
protocols. Ability to replace inventory — supply concerns. This is true with new vehicles as well as parts.
Auctions not working so difficult moving used autos which make valuation challenging. Likely have not
seen full economic impact and some concern associated with what that might mean. As other
businesses slow not sure how they will be impacted. Focus is on being flexible with their employees and
communicate internally and externally as much as practical.
Northwest Hardware — Keeping employees and customers safe —they have been adapting to this
through entire response. Difficult to keep this going for a long period of time consistently. Adapting to
changes in customer preferences —for example delivery to customers —what can they sustain, what
should they expand, etc. Key is adaptation and urgency to changes. Provided bonus to employees to
help sustain commitment for their risk.
Mast General Store — Employee and customer safety. Listening to customers to determine best way to
safely meet their needs. Make certain to communicate their safety practices. Looking forward to being
able to open — hope to return to some new normal.
Magic City Ford — New customers will take a different approach — may start driving to homes to do
businesses. There is no work in the body shop because people are staying home and not driving their
cars.
Valley View Mall —There will be a challenge to get manpower and to keep things clean within the mall
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DR[ — Meeting consumer expectations. Helping businesses evolve toward new normal and help
communicate with customer base. Focus on employee and customer safety. Concerns about
rehiring /hiring staff and helping them feel safe. Uncertainty associated with large events and how does
that impact success of downtown businesses.
WRABA —Supporting businesses as they begin to figure out how to reopen. Hope to continue positive
support of local businesses. Greatest concerns are with sustaining restaurants and how they keep safe —
how do they afford to meet new requirements. Ability to host future events to bring traffic to the area
to support businesses.
Roanoke Economic Development — Propose a series of plans for each industry sector — how to plan for a
quick recovery /pent -up demand and a slower recovery and a very long recovery and finally plan for a
resurgence of the virus — how will each of these scenarios impact the business and how best to prepare
for each of these? Roanoke ED will continue to be a source of information and support — please check
website.
Mayor closed by asking any questions for Council that can be shared at their June 1 meeting?
Hamlar asked the question about PPE and the ability to secure. Northwest hardware has ample supply
of masks, gloves, sanitizer, cleaning products, etc. Vance can be reached at: (540) 808 -8058.
Berglund — recognizes there is more need in the community. How best to help. Bob pointed them to
the local United Way. https://www.uwrv.org/communitV-response-fund-covid-19/
Economic Development wants you to remember 4 things:
1. There may be an onslaught of people that will be coming to your facility — how will you deal
with this and how will you recover quickly?
2. Plan for a slower recovery and how will you manage that.
3. Plan for a very long recovery time should that happen.
4. Plan for a resurgence of COVID -19 and how will you handle? What does that mean for your
financing — be conservative with your spending and imaginative with your borrowing &
preparing.
Helpful links:
www. roanokeva .gov /covidl9helpforbusiness
www.bizroanoke.com
www .roanokeva.gov /starcitVstrong
trevor.shannon @roanokeva.go_v (Roanoke Emergency Manager)
Tiffany.bradbury @roanokeva.gov (Community Engagement Manager)
Mayor closed at 10:20
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Mayor /Council Community Conversation
Faith Leaders 5/20/2020
Attendees
• Joe Cobb, Vice -Mayor
• Bob Cowell, City Manager
• Tiffany Bradbury, Community Engagement Coordinator
• Lee Clark, Rescue Mission
• Captain Russell Clay, Salvation Army
• Keith Farmer, Straight Street Youth Ministries
• James Stovall, Hermitage Roanoke
• Joanna Paysour, Trinity United Methodist (Kid Soar) and Cave Spring United Methodist
• Marie Muddiman, Family Promise
• Karen McNally, Presbyterian Community Center
• Rabbi Jama Purser, Beth Israel Synagogue
• Rev. Serenus Churn, High Street Baptist Church
Vice -Mayor Provided Context and Purpose and opened meeting at 10:05
Introductions
Question 1 - What impacts have been felt during response to COVID -19?
Salvation Army — Worship services being held remotely and will continue to do so until completely clear.
Helping feed homeless that are currently housed at a hotel. Most significant impact has been reliance
on technology versus in- person interactions. Helping to define a new future for alternative ways people
may be able to participate, even when they return to in- person activities.
Straight Street — Remote services, feeding teens once a week, helping others with providing food and
services, focusing on human trafficking prevention efforts, small groups may begin in June back in the
building with appropriate protocol, may be able to reopen building in July. Miss group gatherings face
to face. Able to maintain consistency — maybe even build stronger bonds with the remaining family
members who might not otherwise be at the facility. Missing the in- school presentations and the value
those represent. Need to get back to human (and physical) interactions —for mental health reasons.
Hermitage Roanoke — Significant changes in their operations with numerous restrictions regarding
visitors, group activities, etc., focusing on alternative activities for residents. Beginning to plan for
reopening — minor steps beginning next week, including outdoor small group activities. Absence of
contact and interaction — isolation have been the greatest challenge. Trying to keep therapies going.
Mental well -being has been a challenge. Technology and creativity have been implemented to address.
Trinity United Methodist /Kid Soar /Cave Spring United Methodist — Adapted to ensure feeding of those
in need and moved more activities online. Cautious about reopening and ensuring safety of
participants. Approaching reopening very cautiously. Response to worship and studies have gone well.
But miss the liturgical and spiritual activities (such as communion) and when will that return and how?
Many miss the rituals which compounds the layers of isolation, mental impact, grief, etc. Responding to
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the "sprint" was one thing but how do we address the "marathon" of long -term impacts — maintaining
resiliency.
Family Promise — Closed shelter program (as churches not available), focusing on supporting former
families with food, finances, etc. to keep people housed and safe. Biggest challenge has been closing
the shelter program. Other challenges have been the isolation that homeless individuals and families
are experiencing. Concerned with best and safest way to reopen.
Presbyterian Community Center — After school program closed, summer programs cancelled, waiting to
hear about schools in the fall and they will adapt. Building closed to public but they are responding to
requests for food and financial assistance via phone. Lack of access to children who are in high -risk
environments is a challenge as they cannot offer access to safe services. Trying to ensure school and
cleaning supplies are provided to families. Not able to make the impact they typically might. They have
worked very closely with Feeding America — unable to rely on the grocery stores now due to their own
challenges. Loss of personal interaction has been worrisome.
Rescue Mission — Revised operations and health screenings to protect population, expanded services
(such as day services, to -go meals, etc.) No guests, staff or volunteers have contracted the Coronavirus.
They have quarantined new arrivals since beginning — limited capacity would prefer to address with
tests versus quarantines. Volunteer pool reduced some (due to health risks) which has strained there
service model and personnel. Starting to determine best way to bring volunteers back into the
organization safely. Beginning to pivot to what is next — how to expand dining services, how to return
volunteers, etc. Resources have become available from state and federal programs allowing more
options, but concerned with increase in evictions and what they may result in. Concerns with domestic
violence and mental health. Not sure they can provide normal summer activities. How do they handle
intake as new participants arrive.
Beth Israel— Facilities closed since March with services delivered online, serving food, addressing mental
health issues, supporting other charitable organization in the community, etc. Prepared to offer even
more assistance in the community. Reworking funerals and other "life- cycle" services. Not anticipating
reopening any time soon. They will be using online services for High Holy Days for the first time. Lack of
in- person spiritual interaction and the need to rely upon electronics have been some of the most
significant challenges. Actually been able to include more participants but unable to perform some of
their basic service activities due to the lack of physical gathering (bringing out the Torah for example)
High Street Baptist Church — Closed facilities in March, using online platforms for service delivery.
Stopped food pantry early. Focus on keeping congregation connected, even if virtually. Beginning to
think about reopening but no definitive plans at this point. Biggest challenge has been to maintain
contact and "see' each other. Tithing and giving have been a challenge so they have created digital
means to do —good response from congregation.
Question #2 Reopening Challenges
Rescue Mission — Concern with how to keep safety practices going. How will they adapt and change
based on what schools do in the fall. Housing stability in current economic situation. As community
returns to normal hope community remembers that the most vulnerable in our community are likely to
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have it even harder than normal and the demand for social services are likely to increase. Especially as
temporary safety nets put in place for virus are removed.
Trinity United Methodist— Congregational spread risk is the greatest challenge — the church is open but
the building is closed — could use resources from authoritative source to provide to congregants why the
building is closed (worship) even while other businesses etc. remain open. Begin to think of ways the
church can connect with the community (outreach) even if they cannot assemble together.
High Street Baptist Church — How best to communicate with congregation about how and when to safely
return. They have begun steps to prepare the church for return. Help convey why only half of the
capacity is necessary, distancing, etc. How will they actually conduct their services in a safe and faithful
way.
Beth Israel — Has been sharing data with why remaining closed has been important — same will be true
when it is time to open and how. Sharing that type of data across community would be helpful. Access
to cleaning supplies and knowledge about how to do it are needed. Access to PPE would be helpful.
Ways to safely connect people to opportunities for them to help. Access to outdoor spaces where
small -group worship could take place.
Presbyterian Community Center — Challenges with ability to safely conduct emergency services
consistent with safe protocols. Ability to make physical changes in building to accommodate services.
Would appreciate more public conversation /announcements about the need to where masks when out
in the community — how the community can help make it through this. Increase in vandalism in areas
which are increasing costs.
Family Promise — How to reopen shelter program within church buildings — is this possible? What will
need to change? How to make volunteers comfortable returning — how to keep them safe and help
others stay safe. How to overcome the "deniers" and avoid safety being compromised. City could help
raise awareness of the significance of all this and how folks can volunteer safely.
Hermitage House — Greatest concern is how to keep employees safe and therefore keep their residents
safe. Help provide and disseminate information about safe opening and being a safe community
member.
Salvation Army — Not planning on opening soon due to the vulnerability of their congregants and
members. Concerned with the ability to control community spread due to folks not taking seriously.
Would benefit from information being disseminated more widely about how important to practice
safely — would prefer to Over - prepare than under - prepare.
Straight Street —Will use great care with reopening but will move slowly, especially in light of the
younger ages of the population they work with. Will keep groups small when they do open. Balance
keeping everyone safe while maintaining existing relationships.
Vice -Mayor closed by asking any questions for Council that can be shared at their June 1 meeting. Vice -
Mayor closed meeting at 11:25
www.roanokeva.gov /faith www.roanokeva-gov/communityresources,
www .roanokeva.gov /starcitystrong www roanokeva govcoronavirus
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Mayor /Council Community Conversation
Small Businesses 5/14/2020 Noon
Attendees
• Trish White -Boyd, Council Member
• Bob Cowell, City Manager
• Tiffany Bradbury, Community Engagement Manager
• Aisha Johnson, Economic Development Specialist
• Marc Nelson, Economic Development Manager
• Amanda Campbell, Zee's Salon and Day Spa
• Laura Mason, Bang Hair Studio
• Stella Carpenter, Liberty Tax Service
• Gary Jarrell, Valley Boiler and Mechanical
• Diane Speaks, She's International Boutique
Council Member White -Boyd Provided Context and Purpose and opened meeting at 12:05
Introductions
Question 1 - What impacts have been felt during response to COVID -19?
Zee's Salon — Complete closure that they were not ready for — biggest challenge has been to support
their staff and being patient regarding reopening and securing supplies. Her business model uses paid
employees versus other business models with other salons. This helped ease the employees securing
their unemployment benefits.
Liberty Tax — Primary impact has been three additional months of payroll to carry that she had not
budgeted for — she has had to provide extended hours compared to what she would normally do after
tax filing deadline. Business has declined about 18% largely due to deadlines moving — she anticipates
having the same number of filers in total. They have adapted by closing earlier than they would
normally do during tax season and operating five days a week versus seven days a week. Limiting the
number of clients to adhere to physical separation.
Bang Hair Studio — Self- employed within salon with exception of owner. Owners unemployment
benefits are going toward paying the expenses that are accumulating even though revenues are
declining. Cost of buying supplies has gone up significantly. When they reopen they will not be able to
operate at full capacity which will continue to impact their revenues — 50 % -75% revenues anticipated
though expenses likely to remain near "normal ". Contemplating a business loan (through Federal
programs) but concerned with ability to repay loan.
Diane — Normally anticipate after February business will increase —that did not occur. Very little
business activity. Most employees are part -time — she continues to pay them to assist them. Business is
essentially closed for business at this point. Overhead continues even though revenue has stopped.
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Valley Boiler and Mechanical — Classified as an essential business due to the work they do for health care
providers and industrial users. They have had to change their approach to business — assigned staff
together and they stayed together —this permitted tracking and succession (avoided spread of virus).
They had an employee with COVID — clinical diagnosis because they could not secure testing —this
impacted two employees (self - isolation). Added complications due to their customer base (prisons,
hospitals, etc.) now more complicated check -in practices. Scaled back their work -week but their
demand has been increasing so they will need to change /expand. Some issues with securing payments
due to cash flow issues with customers — concern with ability to collect. A bit of concern about the
future as customers continue to struggle with cash flow.
Question #2 Reopening Challenges
Valley Boiler and Mechanical —They have secured PPE which they are asking be worn. They have been
able to secure hand sanitizer via contract with Cintas (who they have a uniform contract with). Limiting
access to their place of business. They are working hard to address safety concerns — especially the
ability to maintain physical distancing.
Bang Hair Studio — When open — only by appointment. They had previously cancelled 6 weeks of work
and working through that backlog with a lower capacity is going to be problematic. Concerned that it
will only take one sick person (they will be checking temperature) and they may need to shut down.
They are taking all the steps they can to avoid but no it could happen. Concerned about additional
closures due to a new surge — could probably not survive an additional closure.
Liberty Tax — No way to recover her increased expenses (her work is seasonal), so that will be a loss she
will have to incur. Taking her three months longer to earn the year's revenue. Safety concerns with
customers and employees (both are higher risk due to age). Her staff is required to wear masks with
clients (had some issues early on in securing PPE). Sanitation practices because each interaction takes
longer. Their workload has increased as folks ask questions about stimulus funds in addition to tax
preparation services. Adhering to guidance which has been provided for safe practices. After July will
shift back to regular work schedule (one day a week).
She's Boutique — Challenge is lack of customers in downtown — so how best to get folks downtown.
Getting customers to adhere to safety practices. Employees will use masks. Some of her employees are
afraid to return to work. Some of her customers are also afraid to shop. They are doing a number of
online promotions. They are ready to open. Concerned about viability of business due to lack of
revenue.
Zee's Salon — Challenges to get people to return to work. Mental health concerns as they deal with the
anxiety. Challenges in securing PPE and cleaning agents —they have some but not enough for long. Cost
of supplies is also a concern. Challenges with getting customers to understand that business practices
have changed and their level of service is different. Shortages of supplies /materials is a concern. Will
need to be open more days to be able to accommodate the backlog and the schedules of employees.
Council Member closed by asking any questions for Council that can be shared at their June 1 meeting?
Zee's Salon is grateful for the help she (and her staff) have received from the federal government — it
has been critical in keeping them afloat.
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Liberty Tax wants folks to know they are open for business.
Bang Hair Studio — All levels of government have been very supportive and all are trying to do their best.
State could have learned more on industry experts to help get info faster. Would have allowed them to
avoid expenses they were speculating they needed.
Valley Boiler and Mechanical — Empathy for those that had to stop their business activity — they have
been fortunate to avoid —they are taking it one day at a time. Appreciates the Council's support and
hearing from the other small businesses.
Council Member closed meeting at 12:55
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Mayor /Council Community Conversation
Medical /Healthcare 5/21/2020
Attendees
• Djuna Osborne —Council Member
• Tiffany Bradbury — Community Engagement Coordinator
• Bob Cowell — City Manager
• Dr. Nottingham — Friendship Manor
• Hal Irvin — VT FBRI
• Wendy Lucas — Lucas Therapies
• Dr. Lampros — Lampros Orthodontics
• Jeanne Armentrout — Carilion Clinic
• Dr. Deneen Evans — Mosaic Mental Wellness and Health
• Tamara Starnes — Blue Ridge Behavioral Health
• Ruth Cassell — Bradley Free Clinic
Meeting Called to order at 12:05
Welcome and Introductions
Question 1 - What impacts have been felt during response to COVID -19?
Bradley Free Clinic — Loss of volunteer pool. Protecting safety of employees and clients. Using phone
screenings, etc. outreach efforts continuing to ensure folks were able to access medications. Isolation
and mental health concerns. Substance abuse and relapse issues —they have been working to manage
but have seen a significant increase. Getting volunteers back will be a challenge — doing all they can to
assure everyone they will be able to keep them safe upon their return. Have performed services in the
parking lot so increased costs some — looking at creating an isolation room and addressing air flow issues
which will be increased cost.
BRBH — Getting staff up to speed on offering telehealth (this has increased costs) remotely. Securing
PPE was a challenge and has increased costs they don't normally see. Telehealth has worked well —this
has been in part due to the relaxation of some regulations. Concern that people are not seeking out
services that may need — been performing outreach to be certain people know they are there and open
to offer services.
Higher Education /Mosaic — Concerns with bringing students back safely. On -line classes have been
mixed bag — professors that taught hybrid or on -line comfortable and others not. Challenges with
students being able to access online services due to lack of technology. Business is new which has been
a challenge. Population served is a vulnerable population which has been very difficult for some to
connect via technology. Loosening regulations has been helpful. Costs have increased to maintain
technology and managing paperwork remotely. For some clients (children for example) are not able to
use telehealth —this has resulted in loss of some clients. Concerns with domestic and child abuse that
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may be occurring but not being reported. Not likely to reopen until sometime in June at best. Those
with mental health issues and developmental disabilities have been greatly impacted.
Carilion — Relaxed regulations have been helpful and hope many of them remain. Technology and
access has been a challenge especially for their rural clients. Access to testing was initially a challenge
this has improved now. This initially pushed cost up for PPE and practices. Costs and availability was a
challenge and trying to avoid scams. Revenue loss has been a major issue resulting in furloughs and
reduced hours. Costs with retrofitting facilities to accommodate influx of patients. Community support
has been very strong and positive.
Lampros — Dental offices heavily impacted as offices had to close — affecting revenues, jobs and patient
care. Many furloughs occurred. Significant expense in returning (PPE, etc.) Access to certain supplies
has been challenging. Fewer patients will be able to be seen when reopen. Inability to perform
telemedicine services. Some offices may not reopen, others have been able to weather the downturn.
Securing new patients will be difficult versus performing procedures.
Lucas Therapies — Costs have been significant. Creating accessibility to teleservices (mobile hotspots for
example) would be helpful — for example opening libraries for a time for such purposes in a limited
capacity. Inactivity is contributing to physical and mental health concerns. Extension of telehealth
insurance benefits needs to be extended — a unified front would be helpful. PPP was great help and SBA
was very helpful.
VT FBRI — Initial impact associated with VT closure. People at VT who were considered non essential
changed their work settings to work from home and lack of students to conduct research slowed or
stopped much of the research they were involved in. Some research is continuing remotely. Have
begun planning for next steps to ramp back up operations. The difficulty and expense to secure PPE has
been a challenge. They have set up labs to perform test sample analyses —this has been very expensive
but beneficial, serving multiple health districts. Preparing for safe return of students to VT.
Friendship — People are still confused about guidance about when they can gather, attend events, etc.
Testing questions are quite common —when and how? Dissemination of information has been critical.
Nursing homes have had challenges but the majority have had no issues. The lockdown of facilities has
been very challenging for families and residents — isolation creating its own set of problems. Expects
current restrictions in nursing homes to last for quite some time. Certain health care providers have
been restricted from entering facilities so care has to be provided by employees of facilities —which
brings its own challenges as well.
Question #2 Reopening Challenges
Friendship — PPE supply is good for reopening — this could change if cases occur in the facilities. Do have
concerns over the quality of PPE they have access to. If there are more widespread outbreaks concerns
over ability to retain /secure staff. Trying to determine how best to move back to some type of normal
scheduling and services.
Lampros — For dental facilities challenges with reliable guidance for reopening — will require patience
from clients as they work carefully through this. Need people to follow guidelines in the community to
avoid further outbreaks. More community testing would help to reduce the chances of exposure. Need
community members and patients that they are part of reopening as well so their conduct is critical.
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BRBH — Financial challenges are the biggest concern — especially the ability of state and local
government's ability to fund them as their own revenues decrease. Increase in substance abuse and
overdoses is of concern — including a resurgence of alcohol abuse. How to safely perform home visits.
Addressing employee safety as they return to in- person services. Don't want to miss people who are
need of their services. Hope to be able to continue to have telehealth activities covered by insurance.
VT FBRI — Ability to continue to maintain relationships with research colleagues. Some decisions require
long lead times (conference, returning students, etc.) which are challenging with quickly changing
circumstances. Physical facilities, gatherings etc. may need to change — how? Ability to return research
back to something resembling normal. Impact on communities if students are not present /returning.
Lucas Therapies — Costs of PPE. Need to expand hours to able to accommodate capacity with more
stringent requirements /guidelines. Balance with home /work life as more remote work becomes the
norm.
Carilion — Focused on three challenges — how to welcome back students safely, how to recall employees
that are working remotely and /or balance with those that may continue remote work, and how to safely
welcome patients back to their facilities. How to communicate to the community that their facilities are
safe. Expanded hours are a part of the response. Need community members to do their part.
Mosaic — Self -care (safety and mental health) for employees, etc. how many services can continue to be
online versus needing to be in- person, how does that affect their space needs? Uncertainty on so many
fronts — especially associated with insurance reimbursements. What technology do they embrace /need
for future services — reliability, costs, etc. Concerns with marginalized communities and access to testing
and services.
Bradley Free Clinic — Testing is a big challenge — especially those that are uninsured. Concerns with
reopening medical facilities with poor availability of testing. Physical facility is small which raises some
concerns about their capacity to offer services and treat patients. Ensuring people feel safe accessing
services. Concerns especially with marginalized communities.
Wrap -up Question —Any last things to highlight for City
Friendship — Testing numbers and lack of serious cases may provide a false sense of security — need to
maintain public awareness. "Adopt a friend" to ensure people are not isolated.
Mosaic — Ensure access to funding and folks know about those resources. Need to help ensure access to
technology for those that don't have access — donate computers /tech
Bradley Free Clinic — Challenges with getting information out since there is so more out there. Creative
ways to reinforce the need to maintain adherence to guidelines. Need to be certain other public health
concerns are not disregarded.
Carilion — Continued communications — get technology where it is needed for folks to be able to
participate in telehealth, etc. Can community sustain what it has done through the crisis —
collaboration?
Lampros — Community needs to keep doing their part. Clear rules /guidance. Keep helping each other
out.
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BBH — Resources and communication. Appreciate the interest of Council
Djuna closed meeting 1:45
Unified voice, precise information about what people need to be doing, access to technology, testing,
PPE, staffing /volunteers, reaching marginalized populations, etc.
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Mayor /Council Community Conversation
Hospitality & Entertainment 5/22/2020
Attendees
• Bill Bestpitch, Council Member
• Bob Cowell, City Manager
• Tiffany Bradbury, Community Engagement Coordinator
• Robyn Schon, Berglund Civic Center
• Brian Wells, Hotel Roanoke
• Landon Howard, Visit Virginia's Blue Ridge
• Cyrus Pace —Jefferson Center
• Elliot Broyles — Roanoke Market Building
• Bruce Bryan — Spot on Kirk /Five Points Creative
• Larry Landolt —Tour Roanoke /Hotel Roanoke Spa
• Mark Baldwin — Blue Ridge Catering
• Tommy Page — NuFocus
• JD Sutphin — Big Lick Entertainment
Council Member Bestpitch Provided Context and Purpose and opened meeting at 2:00
Introductions
Question 1 - What impacts have been felt during response to COVID -19?
Hotel Roanoke — Loss of nearly all business and revenue forcing furloughs of nearly all staff. Conference
business gone for extended period of time. Hope to capture leisure travel as it opens up more. Hotel
has stayed open entire time —just now able to offer some type of dining as entered into Phase I of
Governor's plan. Doing some remodeling work while time is available.
VVBR — Hope for the best but plan for the worst. Visitor's center will reopen in early June. Staff (not
furloughed) will return on June 11th. Anticipate things getting better late summer or early fall.
Tournaments being rescheduled and some small events may still happen.
Civic Center — Concerts and sports were first to close will be the last to open. Beginning to reschedule
events but will not be until 1" qtr 2021. Some smaller shows (targeting youth or elderly) just cancelled.
Looking forward to Phase III of Governor's Plan. Business model is a challenge — it is built on full
capacity of people moving close together — is this still able to occur in future? High number of furloughs
(FT, PT and contract employees). Focus on cleaning and sanitizing and making capital improvements
while activity not present. Trying to retain sponsors through various options.
Jefferson Center —All events cancelled — likely will not return until next year. Some small events may
return. They want to keep people safe and want to be ready when people are ready to return.
Struggling with how do they stay in business so they can return. Focusing on budget flexibility and
adaptation. Looking for opportunities that perhaps may not have been possible in the past. Challenge
in understanding guidance and how do they generate demand with wary people? Recent survey
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indicates older individuals are no less likely to gather than other age group. No consistency in when
people will feel safe gathering. They were doing well up until virus. Impact to the groups they support
as well. Have to deal with the financial realities that a certain amount of business may not come back.
Market Building — Two business models (restaurant and retail and event space). They have tried to help
tenants as much as practical to retain their business but difficult because they deal with very small
restaurants. Revenue stream largely stopped from both models. Restaurants are beginning to reopen.
Difficult time for restaurants — missing the spring and summer seasons. Foundation is on an ok financial
position depending upon how long it lasts and the ultimate impact on tenants. Rental facilities are not
likely to pick back up quickly due to the fear around events and gatherings. Starting to get 2021 events
booked.
Spot on Kirk /Five Points Creative — Had great momentum going into virus. Financially okay for a few
months. Don't want to lead in opening —they will be slow and follow others as they open. They have
been able to maintain their sponsorships. Business still occurring just smaller and slower.
Tour Roanoke /Hotel Roanoke Spa — Were doing well leading into virus. They are opening spa next
week. All business had stopped. Believes spa business will come back faster than tour business — in part
because other businesses in Roanoke need to be operational for their tours to succeed. Concerned that
some of our local businesses may not make it. Tour operators across the globe have has to reinvent
their business models. Not sure how some of his business returns but he has the ability to adapt as
needed. PT and contract employees not working but his one FT staff remains.
Blue Ridge Catering — Business stopped as special events stopped but have been able to adapt to
offering meals to go. Retained a good part of their staff via federal loans. Buying time until gatherings
return. Preparing for future and trying to determine best version of business model — maybe focusing
more on small events /family events. Events are being rescheduled for next year. Been involved in the
Take Out Hunger program. Collaborating with similar businesses across the Nation to learn how others
are adapting.
NuFocus —Working in a challenging area normally, the virus has been even more challenging. June, July,
August has been their focus on Henry Street — beginning to build momentum, but unable now. May
look at smaller events spread over a longer time to reduce risk. Looking to position themselves to
recover.
Big Lick — Able to move some events but had to cancel many of their signature events. This has
impacted him as well as the charities they partner with. Assessing best practices elsewhere to try and
find the best way to offer a safe and enjoyable event. Worried about consumer confidence —which is at
best likely to return with Governor's Phase III. Staff has been furloughed until first event returns —
maybe late summer. Media and marketing team has stayed in staff and has been very busy as they help
businesses adapt to new circumstances. Public seems ready to return once they feel it is safe to do so.
Question #2 Reopening Challenges
Big Lick — Clarity on what the phases and what the guidance is and regulations — inconsistencies and
being able to explain that to the customers.
161Page
NuFocus — Keeping people engaged and interested in Roanoke so they will overcome their fears when
they are ready. Make certain people get quality information out to the public.
Blue Ridge Catering — Uncertainty and lack of clarity — how to put people at ease. Be adaptable and
compassionate. How to slowly ramp up to larger gatherings. Keeping customers engaged — taking a
creative approach.
Tour Roanoke /Hotel Roanoke Spa — Government maintain commitment to tourism and promotion of
the community and the activities that are available. Changing market focus a few times in the near
term. Maintain and reinforce commitment to the community's brand.
Spot on Kirk /Five Points Creative — Maintaining optimism — while remaining realistic and practical.
Uncertainty is greatest challenge. Keeping arts community strong and unified. Concern that support for
arts and culture from the government will be lost.
Market Building — Consumer confidence (income and health fears) are the largest challenge — confusion
on regulations and guidance from the state and federal government hasn't helped. Support for outdoor
dining has been helpful.
Jefferson Center — Accessing marketing will be challenging as the Presidential election picks up and
crowds the space. Continued and deeper polarization makes a unified approach more challenging and
even makes gauging the market demand a challenge. A unified voice on how to proceed would be
helpful and would support local consumer confidence.
Civic Center — Financial stability is greatest challenge. Uncertainly of future is challenge. Length of
impact is worrisome. Artists and athletes may have to change some of their practices to make markets
work for smaller venues (most venues in the country are actually smaller). Supporting local arts and
entertainment is critical as they fill the gaps. Been impressed with all the creativity and support in the
community. Determine what is happening on the national landscape and how will impact locally and
consumer confidence will be key as we proceed.
VVBR — Getting the word out about what is open and available. Folks looking for outdoor opportunities
with families and small groups. Not getting inquiries regarding small groups, events and large
gatherings. Next phase of reopening will be key. People want to stay safe and they want assurances
local businesses have taken steps to keep them safe.
Hotel Roanoke — Need to secure successes and need to highlight those to the community and outside
world. Help tell the story. Staying safe while opening. Back to growing the business. Securing some
supplies a bit of a challenge. Maintaining patience.
Council Member Bestpitch closed by asking any questions for Council that can be shared at their June 1
meeting? None offered
Council Member closed meeting at 3:20
Mr. Bestpitch also followed up with Ssunny Shah who is a hotelier & Diane Hailey how owns Roanoke
Boutique Hotel. Here are their insights:
171 Page
S sunny:
1. Occupancy for March and April fell by 80 %, all hotels in area down to single -digit occupancy
Referrals from ARCH, BRBH, and Family Service had raised occupancy to 90% for May
Ramada evacuated on May 22, doesn't expect guests to return. Bank has helped with mortgage
payments; no furloughs; cash reserves have covered taxes and other costs
2. Hotels have remained open as essential businesses with almost no guests
People are scared to travel, including business travelers. Doesn't expect occupancy to increase
very much after only two more months or so
Diane:
1. CDC guidelines for hotels are important but open to interpretation
Example: she thinks her property provides "increased ventilation" due to ceiling fans in each
room, but there is no precise definition.
Guests are opening windows because they know increased ventilation is important, which she
understands, but concerned that ARB won't allow screens in historic properties, which allows
insects to fly into rooms.
2. Biggest challenge ahead is overcoming people's fears
Good communication to explain how she is meeting CDC guidelines for hotels will ease guests'
fears, such as making sure people know that hand sanitizer and disinfectants are readily
available. She is willing to help others understand how to interpret CDC guidelines if asked.
Additional information:
www.roanokeva.gov/starcitystrong
www.roanokeva.gov /coronavirus
www.roanokeva.gov/communitVresources
www.roanokeva.gov/COVID19helpforbusiness
181 Page
Mayor /Council Community Conversation
Human Services /Non- Profits 5/27/2020
Attendees
• Michelle Davis, Council Member
• Bob Cowell, City Manager
• Tiffany Bradbury, Community Engagement Coordinator
• Karen Pillis, Family Service
• Linda Hentschel, Family Service
• Anne Marie Green — Council of Community Services
• Pamela Irvine — Feeding Southwest Virginia
• Ron Boyd — Roanoke Local Office on Aging
• Annette Lewis —TAP
• Maureen McNamara Best —LEAP
• Abby Hamilton — United Way of Roanoke Valley
• Robin Haldiman- CHIP of Roanoke Valley
• Christina Hatch — Children's Trust
• Jackie Smith— Community Youth Program
• Cheryl McNally —Community Youth Program
• Kim Butterfield —Virginia Cooperative Extension
• Xavier Duckett — Humble Hustle /Imagine Me Mentoring
• Donna Robinson - Cafe
Council Member Davis Provided Context and Purpose and opened meeting at 9:03
Introductions
Question 1 - What impacts have been felt during response to COVID -19?
CHIP — Home visiting has been very challenging — have had to adapt to virtual visits but still needing to
determine safe ways to make limited home safety visits. Have seen increased stress and anxiety among
families needing to adapt to the situations. Also needing to be flexible with staff that are dealing with
similar issues and anxiety.
Family Service — Staff adapted well in delivering virtual services but clients have struggled with this
transition. Clients struggle with sharing information virtually from home as many of the stressors they
are addressing are based in the home. Domestic violence cases have been particularly challenging as
less contact is possible. Inability to access students (usually done in the schools) has been challenging —
virtual connection has limitations. Services offered are not promoting relationships
Children's Trust —Shifted to emergency visits only (in- person) following safety protocols. Interviews are
challenging in this environment. Family advocacy services still be offered. Mental telehealth services
are provided —this has worked well with some who are more comfortable virtually. CASA volunteer
training was moved to a virtual platform. This has been critical as a result of high number of CASA
191Page
referrals. Some staffing challenges due to the need to be able to attend court proceedings in person.
Home visits have been challenging as they have moved virtual. School outreach has not been possible.
Promoting campaigns via social media.
TAP — Remote work though facility has remained open — performing health screenings. All services still
provided with exception of tax clinic and child care. Providing virtual services when able. Emergency
service needs have been the greatest challenge — prior focus has been on moving folks toward self -
sufficiency that has now shifted to more emergency services. Domestic violence hotline calls have
increased. Costs for emergency services were unexpected —they have secured some grant funding and
funders have relaxed some guidelines to help.
Feeding Southwest — focused on "disaster mode ". Had to cancel events they depend upon.
Determining health risks to employees and health and how to best protect them as essential services
continued to be delivered. Some loss of volunteers. All after - school programs were shut down then had
to rapidly pivot to feeding sites. Inventory and financial resources were loss quickly but have been
restored through new partnerships, funding opps, etc. Adapted partnership models to meet new needs.
Entering new markets with direct distribution.
CCS — Guidelines about how to use funds (federal and state) lacking has caused struggles in coordination
and disbursement of funding. Received PPP funding but returned it due to the inability (based on
funding) to convert loan to a grant. 211 was overwhelmed initially — volunteers helped restore capacity.
Main calls initially were health related now more focused on food, evictions, and access to service.
Continue syringe services and drop in center by appointment only.
LEAP — Shifted markets to low then no- contact. Their diversity of programs has enabled this to work.
Able to keep incentive programs in operation even as they shifted to virtual shopping. Technology
challenges in some instances. Strength of relationships enabled them to quickly pivot. Food -based
businesses are struggling with ability to adapt and thrive. Illustrated need to think more
comprehensively and build more resiliency into food system.
Question #2 Reopening Challenges
Family Service — Access to schools and access to homes along with keeping employees safe. Ability to
staff up if experiencing an increase in demand.
CCS — Community housing resource center — ability to work remotely due to density of employees in
small office space. 211 working remotely and may become permanent. Use of appointments for other
services for the future.
LOA — Staff burnout. Securing enough PPE for staff and clients. Getting volunteers back in service.
Need to adapt. Long -term care ombudsman services.
Extension — How to conduct hands -on learning, access to schools, how to reach clients (beyond virtual),
technology challenges for those trying to secure their services
CYP — Interaction with schools and how to coordinate /collaborate, especially after - school.
Transportation of students to /from their facilities. School may not be able to be same partner as in past.
201 Page
Children's Trust —The increase in demand for services as children begin interacting with them.
Maintaining cleaning protocols long -term. Fund - raising within the community — impacts of economy.
Cafe — Coordination with schools — uncertainty makes it difficult to plan. Fundraising and local impact of
economy. Ability to do fundraising events. Limited staff resources and challenges in securing volunteers.
United Way — How to safely return staff back to the office. How to safely provide services in the
community. Difficulty to plan with so much uncertainty. The entire safety network system is
functioning at lower efficiency — in part because constraints (policies and procedures) have not adapted
to circumstances.
LEAP — Ability to maintain safety for community, employees, vendors, etc. Would benefit from a
regional perspective as well as local — for guidelines, answering of questions, etc. Too many decisions
seem to be left to each household, each organization, etc. Staff burnout. Be able to sustain operations
and payroll through the winter. Uncertainty
TAP — Concerns over funding and having enough resources to meet growing need. Ability to secure PPE
for clients and staff. Ability to keep facilities clean and safe. The Census results and whether it will
represent an accurate picture of our community and its need —this is a decade long impact.
Council Member Davis closed by asking any questions for Council that can be shared at their June 1
meeting? None offered
Council Member Davis closed meeting at 10:23
211Page
Mayor /Council Community Conversation
Arts & Culture 5/29/2020
Attendees
• Anita Price, Council Member
• Bob Cowell, City Manager
• Tiffany Bradbury, Community Engagement Coordinator
• Jim Sears, Center in the Square
• Doug Jackson, Arts & Culture Coordinator City of Roanoke /Roanoke Arts Commission
• Brooke Tolley, Opera Roanoke
Council Member Price Provided Context and Purpose and opened meeting at 2:33
Introductions
Question 1 - What impacts have been felt during response to COV/D -19?
Opera Roanoke — All events were cancelled due to inability to host audience. Also cancelled fundraisers.
Revenue loss. Challenging to pivot to online format —this has been slow. How best to interact with
audience? $10,000 - $12,000 per month to operate and no current revenue — limited fundraising.
Doug Jackson — Focused on the City's role as a funder of arts organizations. This is programmatic
funding not operational funding. Trying to help organizations to try and figure out how to pivot their
offerings. Delays associated with public arts projects.
Center in the Square — Adopted to providing a great deal more virtual information to help children that
are learning from home. $220,000 per month to operate but currently have no income (for- profit
businesses tenants are not currently paying rent). Other income comes from box office sales which are
not occurring. Some fundraising continues but limited. Worried about the ability to sustain under these
conditions.
Question #2 Reopening Challenges
Center in the Square — Preparing for reopening (physical and signage). Will reopen when able and will
limit the size of the gathering. Cleaning protocols developed. Anticipating a long time before recovery.
How to translate virtual "viewers" into revenue?
Opera Roanoke — Future is impacted for the foreseeable future — a great deal of uncertainty when
people will be able to safely gather for a performance. The safety of artists performing together is a
great concern. Need to re -think how to fundraise — most of their funds come linked to a performance.
How does this happen when you don't have live in person performances? Normally would be renewing
subscriptions (and make donations) at this time. They haven't even been able to announce the new
season at this point. They are a member of a national organization that they rely upon as a resource to
aid in preparing for next steps. Also dependent upon the Jefferson Center as their venue. Pivoting to a
new way of service delivery brings new costs at a moment when they have no revenue — makes this a
challenge. Some aspect of virtual will likely follow on into the future.
221 Page
Doug Jackson — Organizations are working closely with their Boards in developing financial planning
scenarios. Certain there will be some organizations lost as a result of financial struggle. Worried that
this will result in a loss of momentum in the community's arts and culture environment. Scenarios will
continue to get updated. Can CARES funding be used to help sustain organizations? Some facilities are
trying to assess what physical changes may need to take place? The reach of online has been global —
could this be leveraged in some way for the community?
Council Member Price closed by asking any questions for Council that can be shared at their June 1
meeting?
Opera Roanoke — New opportunities /needs for partnerships. How to sustain and leverage this type of
collaboration. Assessing their social media analytics to find opportunity. Finding it good to tell the
community's story —this is a new area for them.
Council Member Price closed meeting at 3:05
231 Page
v
w
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 1, 2020
Subject: Request for Scheduling and Advertisement of a Public Hearing
Regarding an Amendment to Chapter 20, Motor Vehicle and
Traffic, and Chapter 24, Park Buildings and Property Generally,
Code of the City of Roanoke (1979), as amended
Background:
The General Assembly recently enacted a statute officially differentiating
between three different classes of "electric power- assisted bicycles," ( "E-
Bikes") as follows:
Class 1: "Equipped with a motor that provides assistance only when the rider is
pedaling and that ceases to provide assistance when the bicycle reaches a
speed of 20 miles per hour."
Class 2: "Equipped with a motor that may be used exclusively to propel the
bicycle and that cases to provide assistance when the bicycle reaches the speed
of 20 miles per hour."
Class 3: "Equipped with a motor that provides assistance only when the rider is
pedaling and that ceases to provide assistance when the bicycle reaches a
speed of 28 miles per hour."
The General Assembly has further mandated that Class 1 and 2 E -Bikes will be
allowed on "shared -use paths," such as the Greenways, starting on .July 1, 2020,
unless City Council takes specific action to prohibit such use. City Council is
authorized to prohibit Class 1 and 2 E -Bikes from the Greenways if it
determines, after a public hearing, that "such restriction is necessary for public
safety or compliance with other laws."
The General Assembly has allowed localities to prohibit Class 3 E -Bikes from
Greenways without a public hearing.
In order to facilitate the process required by the recent changes to the Code of
Virginia to receive public comment on this matter, an ordinance has been
prepared for the public's information and City Council's consideration upon its
review of comments received during the proposed dune 15, 2020 public
hearing. Such ordinance would prohibit Class 1, 2 and 3 E -Bikes from all
Greenways, as well as update City Code to incorporate the new definitions and
classifications enacted by the General Assembly, if the Council decides to adopt
the ordinance upon consideration of all input received.
Recommended Action:
Authorize the scheduling and advertisement of a public hearing on dune 15,
2020, at 7:OOpm, or soon thereafter as the matter may be heard, or at such
later date and time as determined by the City Manager, for City Council to
receive public comment and to consider amending and reordaining Chapter 20,
Motor Vehicle and Traffic, and Chapter 24, Park Buildings and Property
Generally, of the Code of the City of Roanoke (1979), as amended in the
mannXsetfor above.
- - - -------- - - - --
Robert S. Cowell, .J r.
City Manager
Distribution: R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Daniel J. Callaghan, City Attorney
Douglas P. Barber, Jr., Assistant City Attorney
Michael Clark, Director, Parks and Recreation
2
CECELIA F. 11CCOY, Ch1C
Cit% Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E-mail: clerk` roanokesa.go%
June 2, 2020
Barry Thompson, Secretary
Western Virginia Regional Industrial Facility Authority
311 South Pollard Street
Vinton, Virginia 24179
Dear Mr. Thompson:
CECELI A T. NVEBB, Cb1C
Assistant Deputx Cit) Clerk
This is to advise you that Robert S. Cowell, Jr., has qualified as the City representative
of the Western Virginia Regional Industrial Facility Authority for a four -year term of office
ending February 3, 2024.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Robert S. Cowell, Jr., do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as the Roanoke City representative of Western Virginia Regional
Industrial Facility Authority for a four -year term of office ending February 3, 2024,
according to the best of my ability. (So help me God)
r
r,
ROBERT S. COWELL, JR.
The foregoing oath of office was taken, sworn to, and subscribed before me by
Robert S. Cowell, Jr., this day of 2020.
Brenda S. Hamilton, Clerk of the Circuit Court
Ch, e�
Clerk
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE - PLANNING BUILD
215 CHURCH AVE SW
ROOM 305
ROANOKE, VA 24011
Account Number_
6005113
Date
May 26, 2020
Date Category Description
Ad Size Total Cost
05/23/2020 Legal Notices NOTICE OF PROPOSED AMENDMENTS TO THE CITY OF R 1 x 121 L 621.76
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PROPOSED AMENDM was published in said newspapers on the
following dates:
05/14/2020
The First insertion being given ... 05/14/2020
Newspaper reference: 0001092814
Billing Representative
Sworn to and subscribed before me this Tuesday, May 26, 2020
J ti
Notary Public K{,nhiorly Q. Harrls
State of Virginia
NOTARY PU61_IC
�� o M .,,1,.q1118
County of Hanover
My Commission expires
t mm s5 rc ry »s �,mrr , ?', �
w 2�2
I ils 15 NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PROPOSED
AMENDMENTS
TO THE CITY OF ROANOKE
2019 HUD ANNUAL ACTION
PLAN
The City of Roanoke, Virginia (City), is
proposing amendments to its 2019 HUD
Annual Action Plan for Community
Development Block Grant - COVID-19
(CDBG -CV) and Emergency Solutions
Grants COVID -19 (ESG -CV) received
from the U.S. Department of Housing
and Urban Development (HUD) under
the Coronoavirus Aid, Relief and
Economic Security (CARES) Act The
amendments result from receipt of
these funds and the related
programming to eligible activities for
the 2019 Annual Action Plan. Total
amended expenditures of $1,056,225 in
CDBG -CV funds and $525,424 in ESG -CV
funds (of which $226,917 remain
unallocated following action by City
Council on April 20, 2020) are
programmed for activities related to
public servlces, homeless assistance
and economic development
The City's Citizen Participation Plan
requires providing 30 calendar days for
public comment on such amendments
prior to implementation. Effective
Thursday, May 14, 2020, a 30 -day public
comment period is open to encourage
residents and stakeholders of the City
of Roanoke (City) for comments related
to the proposed amendments to the
2019 HUD Annual Action Plan.
Comments must be received In writing
no later than 5:00 PM, Friday, June 12,
2020, and may be submitted by postal
mail addressed to Keith Holland,
Department of Planning, Building and
Development, Room 305 North, Noel C.
Taylor Municipal Building, 215 Church
Avenue, s.W., Roanoke, Virginia 24011;
or by e-mail to keith.holland@
roanckeva.gov.
Pursuant to 24 CFR §91.105, notice is
also hereby given that on Monday, June
1, 2020, at 2:00 p.m., or as soon
thereafter as the matter may be heard,
the City Council of Roanoke, Virginia,
will meet in the City Council Chamber,
4th Floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, for the purpose of
holding a public hearing to consider
adoption of a resolution for such
proposed amendments to the City's
2019 HUD Annual Action Plan. This
public hearing may be conducted by
electronic communication means due
to the COVID-19 pandemic disaster, as
permitted by Virginia Code Sections 2.2-
3708.2(A) and15.2.1413, Amendment 28
to House Bill (HB)29 (2020 Session),
Ordinance No. 41703. 032720, and
Resolution No. 41704. 032720. All
persons shall be afforded an
opportunity to speak and state their
views concerning all aspects of the
proposed amendments. Written
comments of interested persons will be
received by the City Clerk at any time
prior to the hearing. The proposed
amendments will be effective upon
completion of the public review period
and adoption of the resolution by City
Council at its regular meeting to be
held Monday, June 15, 2020.
Citizens wishing to address City
Council must sign-up with the City
Clerk's Office by emailing
clerk @roanokeva.gov or by calling
(540) 853 -2541 by 12:00 noon, on
Monday, June 1, 2020. Individuals with
a disability needing an accommodation
should contact the City Clerk's Office
by 12:00 noon EDT on Thursday, May
28, 2020. Citizens who register will be
provided information to present their
testimony via electronic
communications means in the event
the public hearing will be conducted
using electronic communications
means. For further information about
the meeting, or to comment on or to
inquire about the proposed
amendments to the 2019 HUD Annual
Action Plan, contact the Community
Resources Division at (540) 853 -6404.
Given this 14th day of May 2020.
Keith Holland
Community Resources Administrator
(1092814)
R
\ l
NOTICE OF PROPOSED AMENDMENTS
TO THE CITY OF ROANOKE
2019 HUD ANNUAL ACTION PLAN
The City of Roanoke, Virginia (City), is proposing amendments to its 2019 HUD Annual Action
Plan for Community Development Block Grant - COVID-19 (CDBG -CV) and Emergency Solutions
Grants COVID -19 (ESG -CV) received from the U.S. Department of Housing and Urban
Development (HUD) under the Coronoavirus Aid, Relief and Economic Security (CARES) Act. The
amendments result from receipt of these funds and the related programming to eligible
activities for the 2019 Annual Action Plan. Total amended expenditures of $1,056,225 in
CDBG -CV funds and $525,424 in ESG -CV funds (of which $226,917 remain unallocated
following action by City Council on April 20, 2020) are programmed for activities related to
public services, homeless assistance and economic development.
The City's Citizen Participation Plan requires providing 30 calendar days for public comment on
such amendments prior to implementation. Effective Thursday, May 14, 2020, a 30 -day public
comment period is open to encourage residents and stakeholders of the City of Roanoke (City)
for comments related to the proposed amendments to the 2019 HUD Annual Action Plan.
Comments must be received in writing no later than 5:00 PM, Friday, June 12, 2020, and may
be submitted by postal mail addressed to Keith Holland, Department of Planning, Building and
Development, Room 305 North, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia 24011; or by e -mail to keith.holland @roanokeva.gov.
Pursuant to 24 CFR §91.105, notice is also hereby given that on Monday, June 1, 2020, at 2;00
P.M., or as soon thereafter as the matter may be heard, the City Council of Roanoke, Virginia,
will meet in the City Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, for the purpose of holding a public hearing to consider
adoption of a resolution for such proposed amendments to the City's 2019 HUD Annual Action
Plan. This public hearing may be conducted by electronic communication means due to the
COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and15.2-
1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703 - 032720, and
Resolution No. 41704- 032720. All persons shall be afforded an opportunity to speak and state
their views concerning all aspects of the proposed amendments. Written comments of
interested persons will be received by the City Clerk at any time prior to the hearing. The
proposed amendments will be effective upon completion of the public review period and
adoption of the resolution by City Council at its regular meeting to be held Monday, June 15,
2020.
Citizens wishing to address City Council must sign -up with the City Clerk's Office by emailing
clerk @roanokeva.gov or by calling (540) 853 -2541 by 12:00 noon, on Monday, June 1, 2020.
Individuals with a disability needing an accommodation should contact the City Clerk's Office by
12:00 noon EDT on Thursday, May 28, 2020. Citizens who register will be provided information
to present their testimony via electronic communications means in the event the public hearing
will be conducted using electronic communications means. For further information about the
meeting, or to comment on or to inquire about the proposed amendments to the 2019 HUD
Annual Action Plan, contact the Community Resources Division at (540) 853 -6404.
Given this 14`h day of May 2020.
Keith Holland
Community Resources Administrator
riease punlisn as a legal ad on Thursday May 14, 2020, in The Roanoke Times.
Please bill to: City of Roanoke, Department of Planning, Building and Development, HUD
Community Resources Division, 215 Church Avenue, SW, Room 305 North, Roanoke, Virginia
24011; Attn: Keith Holland
Questions regarding this ad may be directed to: Keith Holland
(540) 853 -6404 (phone)
(540) 853 -6597 (fax)
keith.holland@roanokeva.gov
02-Z>-�-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of June, 2020.
No. 41734 - 060120.
A RESOLUTION accepting the FY 2019 State Homeland Security Program Grant to the
City from the Virginia Department of Emergency Management (VDEM), and authorizing
execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the FY 2019 State Homeland Security
Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the
amount of $76,000, to be used for Regional Swift Water /Flood Rescue Team for necessary
equipment and supplies. There is no matching fund requirement for this grant. The grant is more
particularly described in the City Council Agenda Report dated June 1, 2020.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any necessary documents setting forth the conditions of the grant in a form approved by the City
Attorney.
3. The City Manager is further directed to furnish such additional information as may
be required in connection with the City's acceptance of this grant.
ATTEST:
City Clerk.
EPORT
CITY COUNCIL AGENDA R
To: Honorable Mayor and Members of City Council
Meeting: June 1, 2020
Subject: Virginia Department of Emergency Management (VDEM) Swift
Water Rescue Team Grant Acceptance
Background:
Roanoke Fire -EMS serves as the Regional Swift Water /Flood Rescue Team (SWR)
Team in conjunction with Roanoke County Fire & Rescue, Franklin County and
Salem Fire -EMS. VDEM allocates funds each year to regional teams for related
expenses. VDEM has awarded the City of Roanoke funds in the amount of
$76,000 from the FY 2019 State Homeland Security Program Grant. This grant
requires no matching funds. Necessary equipment and supplies for the SWR
team will be purchased using these grant funds.
Considerations:
City Council approval is needed to formally accept and appropriate these funds
and to authorize the Director of Finance to establish revenue estimates and
appropriations to purchase the equipment and supplies in accordance with the
provisions of this grant.
Recommended Action:
Accept the grant as described above and authorize the City Manager to execute
any required grant agreements or documents, such to be approved as to form
by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $76,000 and appropriate funding in the same amount into
accounts to be established in the Grant Fund by the Director of Finance.
------- --------------
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
Virginia Department of Emergency
Management
®� 9711 Farrar Court, Suite 200
SUBAWARD AGREEMENT Page 1 of 3
North Chesterfield, VA 23236
1. SUBRECIPIENT NAME AND ADDRESS:
4a. SUBAWARD ID NUMBER: 8310
Federal Award ID: EMW- 2019SS-00079 -S01
5. SUBAWARD DATE: February 7, 2020
Roanoke City
6. PROJECT PERIOD: October 01, 2019 to June 30, 2021
713 Third Street SW
BUDGET PERIOD: October 01, 2019 to June 30, 2021
Roanoke, VA 24016
. TOTAL AMOUNT OF THIS SUBAWARD: $76,000.00
SUBRECIPIENT DUNS Number: 006704316
8. FEDERAL AMOUNT OF THIS SUBAWARD: $76,000.00
SUBRECIPIENT EIN: 54- 6001569
. SUBRECIPIENT NON - FEDERAL COST SHARE
REQUIREMENT:N/A
110. INDIRECT COST RATE (If applicable):
PASS - THROUGH ENTITY: Virginia Department of Emergency Management
3. SUBAWARD NAME: 2019 State Homeland Security Grant Program (SHSP)
CFDA: 97.067 Homeland Security Grant Program (HSGP)
U.S. Department of Homeland Security (DHS)
Federal Emergency Management Agency (FEMA)
11. STANDARD TERMS AND CONDITIONS & SPECIAL CONDITIONS
The above subaward is approved subject to the 2019 Department of Homeland Security (DHS) Standard Terms and
Conditions and VDEM Special Conditions found here: DHS Terms and Conditions 2019
12. APPROPRIATION AUTHORITY FOR GRANT
The project is supported under the Department of Homeland Security Appropriations Act, 2019 (Public Law No. 115 -141).
13. METHOD OF PAYMENT
ommonwealth of Virginia Cardinal Accounting System
r I
AGENCY APPROVAL
SUBRECIPIENT ACCEPTANCE
16. NAME AND TITLE OF AUTHORIZED OFFICIAL
14. NAME AND TITLE OF APPROVING VDEM OFFICIAL
Jeffrey D. Stem Ph.D.
Robert Cowell
City Manager j
State Coordinator
15. SIGNATURE OF APPROVING VDEM OFFICIAL
17. SIGNATU E UBRECIPIENT OFFICIAL
18. DATE: t,/2o to"
Saving lives through effective emergency management and homeland security.
"A Ready Virginia is a Resilient Virginia."
Virginia Department of
3Emergency Management
mE�73)�
1050 1 Trade Court
SUBAWARD AGREEMENT
Page 2 of 3
North Chesterfield, VA 23236
Subaward Name: 2019 State Homeland Security Grant Program (SHSP)
Subaward Date: February 7, 2020
SPECIAL CONDITIONS
1. The Subrecipient shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards located at 2 CFR Part 200, and adopted by DHS at 2 CFR Part 3002
and the U.S. Department of Homeland Security Grant Program (HSGP) Notice of Funding Opportunity
N( OFO).
2. The Subrecipient agrees to permit the pass- through entity and auditors to have access to its records and
financial statements as necessary for the pass- through entity to meet the requirements of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2
CFR Part 200.
3. The Subrecipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at
any level of government, without the express prior written approval of FEMA.
4. The Subrecipient shall comply with the indirect costs provisions of 2 CFR§ 200.414. With the exception
of subrecipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. §
200.414(f), subrecipients must have an approved indirect cost rate agreement with their cognizant
federal agency to charge indirect costs to this subaward.
5. In the event VDEM determines that changes are necessary to the award document after an award has
been made, including changes to period of performance or terms and conditions, the Subrecipient will be
notified of the changes in writing. Once notification has been made, any subsequent request for funds will
indicate Subrecipient acceptance of the changes to the award.
6. Subrecipients proposing projects that have the potential to impact the environment, including but not
limited to construction of communication towers, modification or renovation of existing buildings,
structures and facilities, or new construction including replacement of facilities, must participate in the
FEMA Environmental Planning and Historic Preservation (EHP) review process. Subrecipients must
comply with all conditions placed on the project as the result of the EHP review. Any change to the
approved project scope of work will require re- evaluation for compliance with these EHP requirements. If
ground disturbing activities occur during project implementation, the Subrecipient must ensure monitoring
of ground disturbance, and if any potential archeological resources are discovered, the Subrecipient will
immediately cease construction in that area and notify FEMA and the State Historic Preservation Office.
Any construction activities that have been initiated without the necessary EHP review and approval will
result in a non - compliance finding and will not be eligible for FEMA funding.
7. The Subrecipient agrees that federal funds under this award will be used to supplement, not supplant,
state or local funds for emergency preparedness.
Saving lives through effective emergency management and homeland security.
"A Ready Virginia is a Resilient Virginia."
Dep artment of Emergency
Management
s
SUBAWARD AGREEMENT
Page 3 of 3
vVirginia
10501 Trade Court
North Chesterfield, VA 23236
Subaward Name: 2019 State Homeland Security Grant Program (SHSP)
Subaward Date: February 7, 2020
8. The Subrecipient agrees that all publications created with funding under this grant shall prominently contain
the following statement: "This document was prepared under a grant from FEMA's Grant Programs
Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document
are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant
Programs Directorate or the U.S. Department of Homeland Security:'
9. The Subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be
prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland
Security."
10. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or
data collection requests, including, but limited to, the provision of any information required for the
assessment or evaluation of any activities within this project.
11. The Subrecipient must submit a Quarterly Progress Report for every quarter of the period of performance,
including partial calendar quarters, as well as for periods where no grant activity occurs. Reports are due
within fifteen (15) days following the end of the quarter. A Final Progress Report is due thirty (30) days after
the end date of the performance period. Failure to provide this information may result in VDEM withholding
rant funds from further obligation and expenditure and prevent future awards to the Subrecipient.
12. National Incident Management System (NIMS) Implementation Compliance
In accordance with HSPD -5, the adoption of the NIMS is a requirement to receive federal preparedness
assistance through grants, contracts, and other activities. No federal funds will be released to the primary
grantee and any other entity participating and benefiting in this project if this requirement has not been met.
In the event of a Corrective Action Plan submitted, VDEM /SAA will determine if the Subrecipient has made
sufficient progress to disburse funds.
13. All conferences and workshops using federal preparedness funds must pertain to the project being funded.
The Subrecipient agrees to submit a Trip Report when using federal funds to attend a conference or
workshop. The Trip Report template can be found at www.vaemerciency.gov under Reporting Forms.
These reports must be remitted with your request for reimbursement. Failure to do so will result in a delay of
payment until received.
14. The Subrecipient agrees that under program guidelines, travel expenses are allowable for approved
training, planning, administrative, and exercise activities following local, state, and federal guidelines. Prior
to traveling for these activities outside of contiguous United States (OCONUS) as well as to Canada and
Mexico, preapproval is required by the state and FEMA through the SAA office.
Please reference 2 CFR 200.403, in regard to reasonableness when considering requests for travel of this
type. Where applicable, you should also reference the following regarding travel: the Western Hemisphere
Travel Initiative (htti): / /www.dhs.gov /files /programs /gc 1200693579776.shtm).
Saving lives through effective emergency management and homeland security.
'A Ready Virginia is a Resilient Virginia."
J�
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of June, 2020.
No. 41736 - 060120.
A RESOLUTION accepting the Local Emergency Management Performance Grant
(LEMPG) to the City from the Virginia Department of Emergency Management (VDEM), and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Local Emergency Management
Performance Grant (LEMPG) from the Virginia Department of Emergency Management (VDEM)
in the amount of $53,386, with a required local match from the City of Roanoke in the amount of
$53,386, for a total award of $106,772, to be used to support the emergency management activity,
which will include the Emergency Manager's salary, planning and vehicle. The grant is more
particularly described in the City Council Agenda Report dated June 1, 2020.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any necessary documents setting forth the conditions of the grant in a form approved by the City
Attorney.
3. The City Manager is further directed to furnish such additional information as may
be required in connection with the City's acceptance of this grant.
ATTEST:
t.._ -etl l'
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 1, 2020
Subject: Virginia Department of Emergency Management (VDEM) Local
Emergency Management Performance Grant (LEMPG) Grant
Acceptance
Background:
The VDEM Grants Office has approved the application for funding, in the
amount of $53,386, to support local emergency management performance.
This support of local emergency management performance will include the
Emergency Manager's salary, planning, and vehicle. This is a 50/50 grant
requiring the City of Roanoke to provide $53,386 in local funds. Matching
funds are provided from the City of Roanoke Fire -EMS Department budget.
Considerations:
City Council approval is needed to formally accept these funds.
Recommended Action:
Accept the grant as described above and authorize the City Manager to execute
any required grant agreements or documents, such to be approved as to form
by the City Attorney.
Rober . Cowell, fir.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
JEFFREY D STERN PhD JOHN NORTHON
State Coordinator k Deputy State Coordinator — Disaster Services
CURTIS C BROWN r ANDRES ALVAREZ
Chief Deputy State Coordinator' Deputy State Coordinator — Mission Support
Chef Diversity and Inclusion Officer
COMMONWEALTH of VIRGINIA
Department of Emergency Management
10501 Trade Court
North Chesterfield, Virginia 23236 -3713
Tel .1804)897-6500 TDD (804) 674 -2417 FAX (804) 897.6506
October 01, 2019
Mr. Robert Cowell
City Manager
Roanoke City
215 Church Ave. SW Room 364
Roanoke, VA 24011
RE: FY 2019 Local Emergency Management Performance Grant (LEMPG)
Dear Mr. Cowell:
The Virginia Department of Emergency Management (VDEM) is pleased to announce
the allocation of a 2019 Local Emergency Management Performance Grant (LEMPG)
CFDA 97.042 from the U.S. Department of Homeland Security (DH S) Federal Emergency
Management Agency (FEMA). Appropriation authority for this program is The Department of
Homeland Security Appropriations Act, 2019 (Public Law 116 -6). Your locality has been
allocated funding for:
Project Title: 2019 Local Emergency Management Performance Grant (LEMPG)
Federal Grant Allocation: $53,386.00
Subrecipient's Required Cost Share/Match Amount: $53,386.00
Total Grant Award: $106,772.00
Obligation Period: July 01, 2019 to June 30, 2020
*This letter serves as notification of your allocation and is not an authorization to incur
expenditures. Funds will be formally awarded to your locality through a Grant Agreement
issued by VDEM upon its satisfactory review of your application package submission and
approval of a budget application in VDEM's Electronic Grants Management System (eGMS).*
You must initiate these steps, described under Accessing Your Allocation, within 30 days from
the date of this notification or funds will be re- allocated. If extenuating circumstances such as
local board approval will prevent you from meeting the 30 day deadline, please notify your Grant
Administrator as soon as possible.
Sat'! /tg IIVC'S Nal'011gh C!Jfectim, emergency management and homeland securiljv.
"A Ready Virginia is a Resilient Virginia. "
Mr. Robert Cowell
Page 2of6
October 01, 2019
OPT -Out Notice
Complete and return this form via email to: vdemgrants a.. vdem.virginia.gov with the subject line: "OPT -
Out Notice ", before November 01, 2019.
I do not want to be a recipient of the LEMPG funds at this time, but reserve the right to enter the program
next fiscal year.
Please note that your decision will not be made effective until November 01, 2019.
PRINT Name:
Signature:
CITY/TOWN or COUNTY OFFICIAL
Program Ptuose
Date: MM/DD/YYYY
The purpose of the EMPG is to provide federal funds to states to assist in preparing for
all hazards, as authorized by Section 662 of the Post Katrina Emergency Management Reform
Act (6 U.S.C. § 762) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. §§ 5121 et seq.). Title VI of the Stafford Act authorizes DHS /FEMA to make grants
for the purpose of providing a system of emergency preparedness for the protection of life and
property in the United States from all hazards and to vest responsibility for emergency
preparedness jointly in the federal government, states, and their political subdivisions. The
federal government, through EMPG, provides direction, coordination, and guidance, and
provides necessary assistance, as authorized in this title, to support a comprehensive all- hazards
emergency preparedness system.
The FY 2019 LEMPG will provide federal funds to assist emergency management
agencies to obtain the resources required to support implementation of the National Preparedness
System and the National Preparedness Goal (the Goal) of a secure and resilient nation. Among
the five basic homeland security missions noted in the DHS Quadrennial Homeland Security
Review, LEMPG supports the goal to Strengthen National Preparedness and Resilience. EMPG
supports comprehensive, all- hazards emergency preparedness system by building and sustaining
the core capabilities contained in the Goal. EMPG funding is used to support a whole community
approach to strengthen a state's or community's emergency management program. Examples of
tangible EMPG funded activities include:
• Conducting risk assessments, assessing capabilities, identifying preparedness needs, and
updating emergency plans;
• Building or augmenting core capabilities;
Saving lives through effective emergency management and homeland security:
"A Ready Virginia is a Resilient Virl;inia."
Mr. Robert Cowell
Page 3of6
October 01, 2019
Designing and conducting exercises that engage the whole community of stakeholders to
validate core capabilities;
Conducting emergency management training; and
Providing funding support for emergency management personnel.
VDEM recognizes the critical role of emergency management at the local level. Strong
local emergency management programs keep the Commonwealth safer, and allow state and local
government to respond and recover effectively and efficiently when an emergency or disaster
occurs. The objective of the LEMPG, then, is to support your locality's efforts to develop and
maintain a Comprehensive Emergency Management Program.
Important Au and Ternrs and Conditions
Subrecipients must comply with the following federal requirements:
• FY 2019 Emergency Management Performance Grant Program (EMPG) Notice of
Funding Opportunity (NOFO)
Emergency Management Performance Grant Program NOFO
• The Preparedness Grants Manual
Prggaredness Grants Manual
• Department of Homeland Security Standard Terms and Conditions for 2019
DHS Standard Terms and Conditions
• 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
2 CFR Part 200 Uniform Administrative Requirements
Cost Sharel'Match
The federal share that is used towards the LEMPG Program budget must be at least 50
percent of the total budget. The subrecipient must equally match (cash or in -kind) the
federal contribution pursuant to Sections 6110) and 613 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Pub. L. No. 93 -288), as amended, (42
U.S.C. §§ 5121 et seq.). Unless otherwise authorized by law, federal funds cannot be
matched with other federal funds. FEMA administers cost matching requirements in
accordance with 2 CFR §200.306 located at htv. ,.Ilit ir.ecj gov. To meet matching
requirements, the contributions must be verifiable, reasonable, allowable, allocable, and
necessary under the grant program and must comply with all federal requirements and
regulations.
Management and Administration (M&A)
Your local emergency management agency may retain and use up to five percent of the
award for local management and administration purposes. M &A activities are those
Saving live% through effective emergency management and homeland .security,.
"A Read• Virginia it a Resilient Virginia. "
Mr. Robert Cowell
Page 4of6
October 01, 2019
directly related to managing and administering LEMPG Program funds, such as financial
management and monitoring. It should be noted that salaries of local emergency
managers are not typically categorized as M &A, unless the local emergency management
agency chooses to assign personnel to specific M &A activities.
Indirect (Facilities & Administrative [F&AJ) Costs
Indirect costs are allowable under this program, as described in 2 C.F.R. § 200.414. With
the exception of recipients who have never received a negotiated, indirect cost rate as
described in 2 C.F.R. § 200.414(f), recipients must have an approved indirect cost rate agreement
with their cognizant Federal agency to charge indirect costs to this award. A copy of the approved
rate (a fully executed, agreement negotiated with the applicant's cognizant Federal agency) is
required at the time of application, and must be provided to FEMA before indirect costs are
charged to the award.
To access your allocation, you must complete the following steps within 30 days from the date
of this notification:
Accessing Your Allocution
Step 1: Log in to the VDEM electronic Grants Management System (eGMS) at
his:_ I www.ttegms.com/vir „ink ia/lo iK n.cfm to download your subaward acceptance documents from the
home page. Re- upload all required forms to eGMS. Read how to upload required forms by clicking here
to view the home page of your eGMS user account. Below is the list of required items that comprise the
VDEM subaward acceptance package:
• Application Checklist [cover sheet]
• LEMPG Project Form [Only required for LEMPG subawards]
• Online Budget (to be built and submitted in eGMS)
Points of Contact (POC) Form
FEMA Environmental and Historic Preservation (EHP) Screening Form
o All projects must comply with EHP requirements. Subrecipients must not obligate
and/or expend any (federal and/or non - federal matching) funds on any project
having the potential to impact environments planning and historical preservation
resources without the prior approval of FEMA. For more information, please visit
ht�ww.vaemergency.gov em- community'yrantsl or contact your Grants
Administrator.
• Grant Assurances Form
• FEMA 20 -16C Form
• SF -LLL — Certification Regarding Lobbying Form
• *Work Elements Agreement [ *Only required for LEMPG subawards]
• * *Federally Negotiated Indirect Cost Rate Agreement — [* *Only required if you intend to charge
indirect costs. Must be valid for the period of performance and federally signed]
Saving hVC'� through effective emergency management and homeland 5ecuriq%
"A Readv Virginia i+ a Resilient Virginia. ”
Mr. Robert Cowell
Page 5 of 6
October 01, 2019
Step 2: Log in to the VDEM electronic Grants Management System (eGMS) at
httl2s•!?www.tteanis.com/vir ing ia/login.cfm to complete and submit a budget application for your
allocation:
Click on Grant Management, Budget Application, from the drop -down menu. Click the link
named 2019 Local Emergency Management Performance Grant (LEMPG) to complete your
budget application. Following review and approval of the budget by the Grants Administrator,
notification will be sent through an eGMS automated message to the email address of the user. If
you do not have access to eGMS, please contact your Grants Administrator.
Reporting
Subrecipients are obligated to submit Quarterly Progress Reports as a condition of their
subaward. Quarterly progress reports must be submitted via your eGMS account within
15 days following the end of the quarter. The schedule for reporting is as follows:
Timetable and Deadlines for LEMPG Progress Reporting:
[Quarter I of 4] Time Period: July 1, 2019 to September 30, 2019
Quarter I Report Due: On or Before October 15, 2019
[Quarter 2 of 4] Time Period: October 1, 2019 to December 31, 2019
Quarter 2 Report Due: On or Before January 15, 2020
[Quarter 3 of 4] Time Period: January 1, 2020 to March 31, 2020
Quarter 3 Report Due: On or Before April 15, 2020
[Quarter 4 of 41 Time Period: April 1, 2020 to June 30, 2020
Quarter 4 Report Due: On or Before July 15, 2020
LEMPG Final Progress Report:
Due: On or Before July 31, 2020
Within 30 days following the end of the period of performance, subrecipients must
upload a Final Progress Report detailing all accomplishments throughout the period of
performance along with the completed Work Elements Final Report into their eGMS account.
After these reports have been submitted, reviewed and approved by the Grants Office and Chief
Regional Coordinators, a close -out notice will be issued which will indicate the period of
performance as closed, list any remaining funds that will be deobligated, and address the record
retention requirements for grant records. The subrecipient must return any funds that have been
drawn down, but remain unliquidated in its financial records.
Period of Performance Extensions
Extensions to this program are allowed. Extensions to the initial period of performance
identified in the subaward will only be considered through formal, written requests addressed to
VDEM, and must contain specific and compelling justifications as to why an extension is required.
Subrecipients are advised to coordinate with the Grant Administrator, as needed, when preparing an
extension request. All extension requests must address the following:
Sai,ing lives through effective einergency ivanagentent and hoineland securlt}'.
"A Reattr Virginia is a ReWient Virginia."
Mr. Robert Cowell
Page 6of6
October 01, 2019
1. Grant program, fiscal year, and subaward ID number in eGMS
2. Reason for delay that must include details of the legal, policy, or operational
challenges that prevent the final outlay of awarded funds by the applicable deadline.
3. Current status of the activity /activities
4. Approved period of performance termination date and new project completion date
5. Amount of funds drawn down to date
6. Remaining available funds, both Federal and non - Federal
7. Budget outlining how remaining Federal and non - Federal funds will be expended
8. Plan for completion, including milestones and timeframes for achieving each
milestone, and the position/person responsible for implementing the plan for
completion.
9. Certification that the activity /activities will be completed within the extended period
of performance without any modification to the original Statement of Work, as
described in the approved budget.
Extension requests will be granted only due to compelling legal, policy, or operational
challenges. Extension requests will only be considered for the following reasons:
• Contractual commitments by the grant recipient with vendors or subrecipients prevent
completion of the project within the existing period of performance
• The project must undergo a complex environmental review that cannot be completed
within existing period of performance
• Projects are long -term by design and therefore acceleration would compromise core
programmatic goals
• Where other special circumstances exist
Recipients must submit all extension requests to VDEM via upload into eGMS no later than 90 days
prior to June 30, 2020.
Initiate the steps described under Accessing Your Allocation within 30 days from the date of
this notification. If you have any questions regarding this award, please contact James Turner in
the Grants Office at 804 - 897 -9768 or james.tumeral.vdem.virginia.gov.
Sincerely,
Jeffrey D. Stem, Ph.D.
JDS; jt
cc: Mr. Trevor Shannon, Emergency Management Coordinator
Mr. Ted Costin, Director of Regional Support, West Division
Mr. Mike Guzo, Chief Regional Coordinator, Region 6
Saving lives through effective emergency management [lilt% homeland securh7 '.
"A Ready Virginia it a Resilient Virginia. "
CECELIA F. DICCOY, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E-mail: cerk(a roanokeva.gov
June 2, 2020
The Honorable Brenda Hamilton
Clerk of Circuit Court
Roanoke, Virginia
Dear Ms. Hamilton:
CECELIA T. NVEBB, C11C
Assistant Depute Cite Clerk
I am enclosing an attested copy of Resolution No. 41737 - 060120 approving the
refinancing plan between the Western Virginia Regional Industrial Facility Authority and
Roanoke County, the City of Roanoke, and the City of Salem; authorizing City of
Roanoke's refunding general obligation support of a refinancing by the Western Virginia
Regional Industrial Facility Authority; authorizing the City Manager and the City Clerk to
execute and attest, respectively, the Documents; authorizing the City Manager to take
such actions and execute such documents as necessary to implement, administer, and
enforce such Documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 1, 2020, and is in full force and effect upon its
passage.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosure
$K
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of June, 2020.
No. 41737 - 060120.
A RESOLUTION approving the refinancing plan between the Western Virginia Regional
Industrial Facility Authority and Roanoke County, the City of Roanoke, and the City of Salem;
authorizing City of Roanoke's refunding general obligation support of a refinancing by the
Western Virginia Regional Industrial Facility Authority; authorizing the City Manager and the
City Clerk to execute and attest, respectively, the Documents; authorizing the City Manager to
take such actions and execute such documents as necessary to implement, administer, and
enforce such Documents.
WHEREAS, the Western Virginia Regional Industrial Facility Authority (the
"Authority ") is a political subdivision of the Commonwealth of Virginia duly created pursuant to
the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia
of 1950, as amended (the "Act ");
WHEREAS, the Act authorizes the Authority to borrow money to pay the costs of real
estate and facilities for manufacturing, warehousing, distribution, office or other commercial
purposes in order to promote economic development in the geographical area served by the
Authority, to accept funds from counties, cities and towns and use the same for Authority
purposes, to make loans and to enter into contracts of any kind to accomplish the purposes of the
Authority, and the Act further authorizes the Authority to issue bonds to refund any of its bonds
then outstanding;
WHEREAS, in order to further the purposes of the Act, on or about October 14, 2016 the
Authority issued its $10,000,000 Revenue Bond, Series 2016 (the "2016 Bond ") to finance the
acquisition of interests in land and related improvements and facilities, including necessary
expenses incidental thereto (collectively, the "Project ");
WHEREAS, the City of Roanoke, Virginia (the "City of Roanoke "), the County of
Roanoke, Virginia ( "Roanoke County ") and the City of Salem, Virginia (the "City of Salem" and,
together with the City of Roanoke and Roanoke County, collectively the "Participants" and each
individually, including the City of Roanoke, a "Participant ") each agreed in 2016 to provide
financial support for the Project;
WHEREAS, the 2016 Bond is a limited obligation of the Authority payable from the
revenues and receipts of the Authority to be received under support agreements with the City of
Roanoke (being a general obligation of the City of Roanoke), with the City of Salem (being a
general obligation of the City of Salem) and with Roanoke County (being a subject to annual
appropriation commitment of Roanoke County secured by a lease of the Roanoke County
Government Center);
WHEREAS, the Authority desires to refund and refinance the 2016 Bond in order to
achieve debt service savings and reduce payments made by the Participants in support of the
Project, and the Authority has determined to issue pursuant to the terms of a Bond Purchase and
Loan Agreement, dated as of June 15, 2020 (the "Bond Purchase Agreement ") between the
Authority and Atlantic Union Bank (the "Bank "), its Revenue Refunding Bond, Series 2020 in
the maximum principal amount of $10,450,000 (the "Refunding Bond ") and to use the proceeds
thereof to prepay and redeem the 2016 Bond in full and to refinance Project costs and to pay
certain costs of issuance of the Refunding Bond;
WHEREAS, such Refunding Bond will be secured by a pledge of the revenues and
receipts received by the Authority from payments made by the City of Roanoke pursuant to the
Refunding Support Agreement (as defined below) and payments made by the other Participants
2
pursuant to separate refunding support agreements between the Authority and the other
Participants as further described herein, such payments from the City of Roanoke to constitute a
percentage of amounts due under the terms of the Refunding Bond and the Bond Purchase
Agreement (the "City of Roanoke Portion of Support");
WHEREAS, payments from other Participants in support of payments due in connection
with financing of the Project will be due in the percentages set forth in the Bond Purchase
Agreement from Roanoke County and the City of Salem, and the obligation of the Authority to
pay principal and interest on the Refunding Bond will be limited to payments received from the
Participants in accordance with the terms of the Bond Purchase Agreement;
WHEREAS, all such payments from the Participants (including the City of Roanoke
Portion of Support) will be assigned from the Authority to the Bank for the payment of debt
service on the Refunding Bond pursuant to an Assignment Agreement between the Authority and
the Bank, dated as of June 15, 2020 (the "Assignment Agreement ");
WHEREAS, the City of Roanoke's obligation to make City of Roanoke Portion of
Support payments (such obligation is hereinafter referred to as the "City's Support Payment ") will
be secured by the full faith and credit of the City of Roanoke, and as such, the City's Support
Payment will be a "general obligation refunding bond" within the meaning of the Public Finance
Act of 1991 (the "Public Finance Act "), Section 15.2 -2600 et. seq.of the Code of Virginia of
1950, as amended (the "Virginia Code "); and
WHEREAS, there have been presented to this meeting drafts of the following documents
(collectively, the "Documents ") in connection with the transactions described above, copies of
which shall be filed with the records of the City Council:
3
a. a Refunding Support Agreement between the Authority and the City of Roanoke,
dated as of June 15, 2020 (the "Refunding Support Agreement ") setting forth the
City's Support Payment;
b. the Bond Purchase Agreement;
C. the Assignment Agreement, assigning to the Bank the Authority's rights to receive
payments from the Participants including the Authority's rights under the Support
Agreement, which is to be acknowledged and consented to by the City of
Roanoke;
d. a Specimen Refunding Bond.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke,
Virginia:
1. The following plan for financing is approved. The Authority shall use the
proceeds from the issuance of the Refunding Bond to refinance the Project. The City of Roanoke
shall agree in the Refunding Support Agreement to make payments to the Authority sufficient to
pay when due the City of Roanoke Portion of Support. The obligation of the Authority to pay
principal and interest on the Refunding Bond will be limited to payments received from the
Participants in accordance with the terms of the Bond Purchase Agreement. The City's Support
Payment shall constitute a general obligation debt of the City of Roanoke. The issuance of the
City's Support Payment is hereby authorized on the terms and conditions as substantially set forth
in the Refunding Support Agreement, and in accordance with Section 15.2 -2601 of the Virginia
Code, the City Council elects to issue the City's Support Payment pursuant to the provisions of
the Public Finance Act. The City's Support Payment shall be a general obligation of the City of
Roanoke to which the full faith and credit of the City of Roanoke are irrevocably pledged,
entitling the owner or owners of the City's Support Payment, including any person or entity to
which ownership rights of the City's Support Payment have been assigned, to the remedies set
forth in Section 15.2 -2659 of the Virginia Code in the event of nonpayment of the principal of or
interest on the City's Support Payment. The amount of the City's Support Payment designated for
support of the principal amount of the Refunding Bond shall not exceed $5,000,000. The City
Council is authorized to and shall levy and collect annually, at the same time and in the same
manner as other taxes of the City of Roanoke are assessed, levied and collected, a tax upon all
taxable property within the City of Roanoke, 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 payments
under the City's Support Payment to the extent other funds of the City of Roanoke are not
lawfully available and appropriated for such purpose.
2. The City Council hereby approves, and acknowledges and consents to, as
appropriate, the Documents in substantially the forms submitted to this meeting with such
completions, omissions, modifications, insertions and changes as may be approved by the Mayor
or Vice Mayor of the City of Roanoke or the City Manager, whose execution thereof shall be
conclusive evidence of such approval, acknowledgement and consent. The final terms and
interest rate of the Refunding Bond in a maximum principal amount of $10,450,000 will be
approved as authorized by the Authority.
3. Any authorization herein to execute a document shall include authorization to
deliver it to the other parties thereto and to record such document where appropriate.
4. The City Council finds and determines that the Project is in furtherance of lawful
purpose and objectives and will be in the public interest, will benefit the citizens of the City of
Roanoke, will increase commerce and will promote the safety, health, welfare, convenience and
prosperity of the City of Roanoke and its citizens.
5. The Mayor or Vice Mayor of the City of Roanoke, or either of them, and the City
Manager and City Clerk are each hereby authorized and directed to execute the Refunding
5
Support Agreement and acknowledgement and consent to the Assignment Agreement as
described above and such other instruments, agreements and documents as are necessary to issue
the Refunding Support Agreement and to create and perfect a complete assignment in favor of
the Bank of the payments due or to become due under the Refunding Support Agreement. The
officers, employees and representatives of the City of Roanoke are authorized and directed to
work with representatives of the Authority, the Bank, the Authority's financial advisor, the
Authority's bond counsel and representatives of the other Participants to take such actions,
authorize such services and prepare all documentation necessary for the Authority to issue the
Refunding Bond in accordance with the Documents and to otherwise carry out the intent of this
Resolution.
6. All other acts of the officers, employees, agents and representatives of the City of
Roanoke that are in conformity with the purposes and intent of this resolution and in furtherance
of the issuance and sale of the Refunding Bond, the execution and delivery of the Refunding
Support Agreement and the acknowledgement and consent to the Assignment Agreement and the
undertaking of the Project are hereby approved, ratified and confirmed.
7. The City Attorney and the City Clerk, or their designees, are authorized and
directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City
of Roanoke, Virginia, pursuant to Sections 15.2 -2607 and 15.2 -2653 of the Virginia Code.
8. This resolution shall take effect immediately.
ATTEST:
City Clerk.
0
CERTIFICATION OF ADOPTION OF RESOLUTION
The undersigned Clerk of the City Council of the City of Roanoke, Virginia hereby
certifies that the Resolution set forth above was adopted during an open meeting on June 1, 2020,
conducted by electronic communication means without a quorum physically present in one
location due to the COVID -19 pandemic disaster as permitted under applicable law, including
Section 4 -0.01 (g), Chapter 1283, Laws of Virginia 2020, by the City Council with the following
votes by the following members of the City Council:
Aye: Vice —Mayor Joseph Cobb
Council Member Michelle Davis
Council Member Djuna Osborne
Council Member Anita Price
Council Member Trish White -Boyd
Council Member Bill Best_oitch
Mayor Sherman Lea, Sr.
Nay: None
Abstentions: None
Signed this 14 day of , 2020.
By: e4lec�
Clerk, City Council
VA
G~�
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 1, 2020
Subject: Authorization of the Proposed Refunding by the City of
Roanoke of its General Obligation Bond for a Project with the
Western Virginia Regional Industrial Facility Authority
Background:
In 2013, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64
of Title 15.2 of the Code of Virginia of 1950, as amended (the "Act "), the
governing bodies of Botetourt County, Franklin County, Roanoke County, City of
Roanoke, City of Salem, and Town of Vinton (the "Member Localities ") each
adopted an ordinance for the creation of the Western Virginia Regional
Industrial Facility Authority (the "Authority ") in order to enhance the economic
base of each such locality through the developing, owning, and operating of
one or more facilities on a cooperative basis.
The Act authorizes the Authority to borrow money to pay the costs of real
estate and facilities for manufacturing, warehousing, distribution, office, or
other commercial purposes in order to promote economic development in the
geographical area served by the Authority; to accept funds from counties, cities,
and towns, and use the same for Authority purposes; and to enter into
contracts of any kind to accomplish the purposes of the Authority.
In order to further the purposes of the Act, in October 2016, the Authority
issued its $10,000,000 Revenue Bond, Series 2016 (the "2016 Bond ") to finance
the acquisition of interests in land and related improvements and facilities,
including necessary expenses incidental thereto (collectively, the "Project).
The City of Roanoke, the County of Roanoke, and the City of Salem (together
with the City, collectively the "Participants" and each individually, including the
City, a "Participant ") each agreed in 2016 to provide financial support for the
Project. The 2016 Bond is a limited obligation of the Authority payable from the
revenues and receipts of the Authority to be received under support
agreements with the City of Roanoke (being a general obligation of the City of
Roanoke), with the City of Salem (being a general obligation of the City of
Salem) and with Roanoke County (being a subject to annual appropriation
commitment of Roanoke County secured by a lease of the Roanoke County
Government Center).
The Authority desires to refund and refinance the 2016 Bond in order to
achieve debt service savings and reduce payments made by the Participants in
support of the Project, and the Authority has determined to issue pursuant to
the terms of a Bond Purchase and Loan Agreement, dated as of June 15, 2020
(the "Bond Purchase Agreement ") between the Authority and Atlantic Union
Bank (the "Bank "), its Revenue Refunding Bond, Series 2020 in the maximum
principal amount of $10,450,000 (the "Refunding Bond ") and to use the
proceeds thereof to prepay and redeem the 2016 Bond in full and to refinance
Project costs and to pay certain costs of issuance of the Refunding Bond.
Considerations:
The Refunding Bond will be secured by a pledge of the revenues and receipts
received by the Authority from payments made by the City of Roanoke pursuant
to the Refunding Support Agreement and payments made by the other
Participants pursuant to separate refunding support agreements between the
Authority and the other Participants as further described herein, such payments
from the City of Roanoke to constitute a percentage of amounts due under the
terms of the Refunding Bond and the Bond Purchase Agreement (the "City of
Roanoke Portion of Support "). Payments from other Participants in support of
payments due in connection with financing of the Project will be due in the
percentages set forth in the Bond Purchase Agreement from Roanoke County
and the City of Salem, and the obligation of the Authority to pay principal and
interest on the Refunding Bond will be limited to payments received from the
Participants in accordance with the terms of the Bond Purchase Agreement. All
payments from the Participants (including the City of Roanoke Portion of
Support) will be assigned from the Authority to the Bank for the payment of
debt service on the Refunding Bond pursuant to an Assignment Agreement
between the Authority and the Bank, dated as of June 15, 2020 (the
"Assignment Agreement ").
The City of Roanoke's obligation to make City of Roanoke Portion of Support
payments (such obligation is hereinafter referred to as the "City's Support
Payment ") will be secured by the full faith and credit of the City of Roanoke, and
as such, the City's Support Payment will be a "general obligation refunding
bond" within the meaning of the Public Finance Act of 1991, Section 15.2-2600
et seq. of the Code of Virginia of 1950, as amended.
Copies of the Authority Bond, Bond Purchase Agreement, the Refunding Support
Agreement, and the Assignment Agreement are attached to this Report.
2
Recommended Action:
Approve the attached Resolution: (1) approving the proposed plan for financing;
(2) approving the Authority Bond, Bond Purchase Agreement, the Refunding
Support Agreement, and the Assignment Agreement; and (3) authorizing the
Mayor or Vice Mayor, or either of them, and the City Manager to execute the
Refunding Support Agreement and Assignment Agreement, substantially similar
to the documents attached to this Agenda Report; and take such actions and
execute such other documents and to take such further actions as may be
necessary for the Authority to issue the Authority Bond and otherwise carry out
the intent of the Resolution.
All documents are subject to approval as to form by the City Attorney.
Robert S. Cowell, jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
Robert Ledger, Director of Economic Development
Laura M. Carini, Assistant City Attorney
3
Tax Map Parcel Numbers: 87.07- 03 -07; 87.07 -03 -08
EXEMPT FROM CLERK'S FEE PURSUANT TO VIRGINIA CODE SECTION 17.1 -266
EXEMPT FROM RECORDATION TAXES PURSUANT TO VIRGINIA CODE
SECTION 58.1 -811.E
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT, dated as of June 15, 2020, between the
WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY a political
subdivision of the Commonwealth of Virginia (the "Assignor ") and ATLANTIC UNION
BANK, its successors or assigns as bondholder of the Refunding Bond (as described below) (the
"Assignee ");
WITNESSETH:
WHEREAS, the Assignor and the Assignee have entered into a Bond Purchase and Loan
Agreement, dated as of the date hereof (the "Bond Purchase and Loan Agreement "), which
provides for the issuance of the Assignor's $ Revenue Refunding Bond, Series 2020
(the "Refunding Bond ") payable from certain payments by the City of Roanoke, Virginia (the
"City of Roanoke "), Roanoke County, Virginia ( "Roanoke County ") and the City of Salem,
Virginia (the "City of Salem" and together with the City of Roanoke and Roanoke County,
the "Participants "); and
WHEREAS, such payments from the Participants are described as: (1) payments from
the City of Roanoke to the Assignor (the "City of Roanoke Support Payments ") pursuant to a
Refunding Support Agreement between the City of Roanoke and the Assignor (the "City of
Roanoke Refunding Support Agreement "); (2) payments from Roanoke County to the
Assignor (the "Roanoke County Support Payments ") pursuant to a Refunding Support
Agreement between Roanoke County and the Assignor (the "Roanoke County Refunding
Support Agreement "), such Roanoke County Support Payments being the same as payments to
be made by Roanoke County to the Assignor under the Lease Agreement (as defined below) and
(3) payments from the City of Salem to the Assignor (the "City of Salem Support Payments ")
pursuant to a Refunding Support Agreement between the City of Salem and the Assignor (the
"City of Salem Refunding Support Agreement" and, together with the City of Roanoke
Refunding Support Agreement and the Roanoke County Refunding Support Agreement,
the "Refunding Support Agreements "); and
WHEREAS, the Assignor and Roanoke County have entered into a Ground Lease, dated
as of the date hereof (the "Ground Lease ") which provides that certain Leased Property, as
defined therein, is leased by Roanoke County to the Assignor and the Leased Property is leased
back to Roanoke County under a Lease Agreement, dated as of the date hereof between the
Prepared by:
Paul C. Jacobson, Virginia State Bar Number 32517
Sands Anderson
P. O. Box 1998
Richmond, VA 23218 -1998
(804) 648 -1636
City of Salem Refunding Support Agreement, respectively, which constitute obligations of a
locality for the payment of money and for the payment of which the locality is required to levy ad
valorem taxes as set forth in Section 15.2 -2602 of the Public Finance Act of 1991, Chapter 26 of
Title 15.2 of the Code of Virginia of 1950, as amended. Such assignment is without recourse as
to the failure of the Participants to make payments (due to financial inability or otherwise), or to
perform any of their responsibilities or duties under the Refunding Support Agreements, the
Roanoke County Lease Agreements or any other documentation pertaining to the issuance of the
Refunding Bond.
All moneys received by the Assignee pursuant to this Assignment Agreement shall be
applied first toward payment or reimbursement of the Assignee's costs in the enforcement of the
Refunding Support Agreements and the Roanoke County Lease Agreements (but only to the
extent that such moneys were paid by a particular Participant for such costs) then toward
payment of the Refunding Bond, first to interest due and payable thereunder, then to principal
due and payable thereunder. Upon repayment of the Refunding Bond, in full, and satisfaction of
any other obligations of the Participants under the Refunding Support Agreements and the
Roanoke County Lease Agreements, as applicable, this Assignment Agreement shall be
terminated.
The Assignor irrevocably constitutes and appoints the Assignee, or any present or future
officer or agent of the Assignee, or the successors or assigns of the Assignee, as its lawful
attorney, with full power of substitution and resubstitution, in the name of the Assignor or
otherwise, to collect and to sue in any court for payments due from the Participants under the
Refunding Support Agreements or the Roanoke County Lease Agreements, to exercise any
remedy at law, in equity or administratively, to withdraw or settle any claims, suits or
proceedings pertaining to or arising out of the Refunding Support Agreements or the Roanoke
County Lease Agreements upon any terms, all without notice to or consent of the Assignor, and
to take possession of and to endorse in the name of the Assignor any instrument for the payment
of money received on account of the payments due from any of the Participants under the
Refunding Support Agreements or the Lease Agreement, or any of them.
The Assignee accepts such assignment as stated herein for its benefit as owner of the
Refunding Bond.
The Assignor authorizes the Participants, or their respective successors and assigns, to
pay to the Assignee, or its successors and assigns, all Support Payments and Basic Rent payments
due or to become due under the Lease Agreement from and after the date of this Assignment
Agreement by forwarding such payments to the Assignee pursuant to the address or wire
instructions provided by the Assignee from time to time, but only in accordance with the terms
and provisions of each applicable Refunding Support Agreement.
The Assignor covenants that, notwithstanding this Assignment Agreement, it will perform
all of the Assignor's duties and obligations under the Refunding Support Agreements and the
Roanoke County Lease Agreements, including its obligation to provide possession of the Leased
Property to Roanoke County pursuant to Section 3.1 of the Lease Agreement and to transfer,
convey and assign its leasehold estate to Roanoke County upon payment by Roanoke County of
3
all payments due and to become due under the Roanoke County Refunding Support Agreement
and Section 4.2 of the Lease Agreement.
The Assignor delivers to the Assignee the original executed Refunding Support
Agreements and Roanoke County Lease Agreements, and the Assignee shall at all reasonable
times have full access to the books and records of the Assignor relating to the Refunding Support
Agreements and the Roanoke County Lease Agreements and payments due from the Participants
thereunder and to make extracts from such books and records.
The Assignor will make, execute and deliver any papers, instruments and documents that
may be required by the Assignee, or its successors or assigns, to effectuate the purpose intended
by this Assignment Agreement.
The assignment effected is absolute and shall not be construed to create a lien on or a
security interest in the City of Roanoke Support Payments, the Roanoke County Support
Payments or the City of Salem Support Payments for any indebtedness or other obligation of any
person. The Assignor waives any right, legal or equitable, now existing or hereafter arising, to
offset against, attach, levy upon, enjoin or otherwise delay or disrupt any City of Roanoke
Support Payments, Roanoke County Support Payments or City of Salem Support Payments that
may be owing to the Assignee on account of any claim or obligation between the Assignor and
the Assignee or any of the Participants.
Assignee shall not be obligated to perform or discharge any obligation or duty to be
performed or discharged by Assignor under any of the Refunding Support Agreements or
Roanoke County Lease Agreements hereby assigned.
Assignor covenants and represents that, except as contemplated by the City Documents or
the County Documents, as defined in each of the Refunding Support Agreements, as applicable,
no other assignment of any interest in the Refunding Support Agreements or the Roanoke County
Lease Agreements hereby assigned has been made, and that, except as provided for in the
Refunding Support Agreements and the Roanoke County Lease Agreements, the Assignor will
not hereafter amend, alter, modify, cancel, surrender or terminate any of the Refunding Support
Agreements or Roanoke County Lease Agreements, exercise any option which might lead to any
such amendment, alteration, modification, cancellation, surrender or termination or consent to
the release of any party liable thereunder or to the assignment of the interest of any Holder, any
lessee or sublessee of the Leased Property or to any subletting of the Leased Property without the
prior written consent of Assignee.
Assignor hereby authorizes Assignee to give notice in writing of this Assignment at any
time to any lessee or sublessee under any of the leases hereby assigned.
The full performance of the Refunding Bond and the City Documents and the County
Documents, as defined in each of the Refunding Support Agreements, as applicable, according to
their terms shall render this Assignment void.
M
The net proceeds collected by Assignee under the terms of this instrument shall be
applied in reduction of the entire indebtedness under the Refunding Bond from time to time
outstanding.
This Assignment applies to and binds the parties hereto and their respective heirs,
administrators, executors, successors and assigns.
Notwithstanding anything contained in this Assignment to the contrary, all of the
obligations of the Assignor hereunder shall be nonrecourse obligations, and the owner of the
Refunding Bond and the Assignee shall look solely to Assignor's interest in the Refunding
Support Agreements and the Roanoke County Lease Agreements for the satisfaction of any and
all remedies it may have against the Assignor upon a default or nonpayment under one or more of
the City Documents or County Documents, as defined in each of the Refunding Support
Agreements, as applicable. Neither the owner of the Refunding Bond nor the Assignee shall
enforce or attempt to enforce any deficiency or other personal money judgment against the
Assignor with respect to the obligations of the Assignee under the Refunding Bond and the Basic
Documents, as defined in each of the Refunding Support Agreements.
This Assignment Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the Commonwealth of Virginia.
The Basic Documents, as defined in each of the Refunding Support Agreements, and the
Refunding Bond express the entire understanding and all agreements between all the parties
thereto and may not be modified except in writing signed by the parties.
This Assignment Agreement may be executed in any number of counterparts, each of
which shall be an original, together shall constitute but one and the same Assignment Agreement.
[The remainder of this page is intentionally left blank.]
5
IN WITNESS WHEREOF, the Assignor and the Assignee have caused this Assignment
Agreement to be duly executed as of the date first above written.
WESTERN VIRGINIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY
ASSIGNOR
COMMONWEALTH OF VIRGINIA)
CITY /COUNTY OF
Chairman
The foregoing instrument was acknowledged before me in the County /City of ,
Virginia, this day of , 2020, by , as Chairman of the
Western Virginia Regional Industrial Facility Authority.
My commission expires: _ //_
My Notary Registration number is:
Notary Public
no
ATLANTIC UNION BANK - ASSIGNEE
By:
Its:
COMMONWEALTH OF VIRGINIA)
CITY /COUNTY OF
Senior Vice President
The foregoing instrument was acknowledged before me in the County /City of
, Virginia, this day of , 2020, by H. Victor Gilchrist, as
Senior Vice President of Atlantic Union Bank, as Assignee.
My commission expires: _//
My Notary Registration number is:
Notary Public
7
ACKNOWLEDGMENT OF AND CONSENT TO ASSIGNMENT
The City of Roanoke, Virginia acknowledges receipt of the assignment by the Assignor of
its rights in the City of Roanoke Refunding Support Agreement to the Assignee as set forth in the
foregoing Assignment Agreement, and consents thereto.
CITY OF ROANOKE, VIRGINIA
By:
Its:
COMMONWEALTH OF VIRGINIA)
CITY /COUNTY OF )
City Manager
The foregoing instrument was acknowledged before me in the County /City of
, Virginia, this day of , 2020, by , as City
Manager of the City of Roanoke, Virginia.
My commission expires: _//
My Notary Registration number is:
APPROVED TO FORM:
Roanoke City Attorney
N.
Notary Public
ACKNOWLEDGMENT OF AND CONSENT TO ASSIGNMENT
The County of Roanoke, Virginia acknowledges receipt of the assignment by the
Assignor of its rights in the Roanoke County Refunding Support Agreement and the Roanoke
County Lease Agreements to the Assignee as set forth in the foregoing Assignment Agreement,
and consents thereto.
COUNTY OF ROANOKE, VIRGINIA
By:
Its: County Administrator
COMMONWEALTH OF VIRGINIA)
CITY /COUNTY OF )
The foregoing instrument was acknowledged before me in the County /City of
, Virginia, this day of , 2020, by , as County
Administrator of the County of Roanoke, Virginia.
My commission expires: _//
My Notary Registration number is:
APPROVED TO FORM:
Roanoke County Attorney
E
Notary Public
ACKNOWLEDGMENT OF AND CONSENT TO ASSIGNMENT
The City of Salem, Virginia acknowledges receipt of the assignment by the Assignor of
its rights in the City of Salem Refunding Support Agreement to the Assignee as set forth in the
foregoing Assignment Agreement, and consents thereto.
CITY OF SALEM, VIRGINIA
By:
Its:
COMMONWEALTH OF VIRGINIA)
CITY /COUNTY OF )
City Manager
The foregoing instrument was acknowledged before me in the County /City of
Virginia, this day of , 2020, by , as City
Manager of the City of Salem, Virginia.
My commission expires: _//
My Notary Registration number is:
APPROVED TO FORM:
Salem City Attorney
10
Notary Public
WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
$ Revenue Refunding Bond, Series 2020
BOND PURCHASE AND LOAN AGREEMENT
June 15, 2020
Western Virginia Regional Industrial Facility Authority
Mr. Gary Larrowe, Chairman
c/o Roanoke Valley — Allegheny Regional Commission
313 Luck Avenue SW
Roanoke, VA 24016
Ladies and Gentlemen:
Atlantic Union Bank (the "Bank ") offers to enter into this agreement (this "Bond
Purchase and Loan Agreement ") with the Western Virginia Regional Industrial Facility
Authority, a political subdivision of the Commonwealth of Virginia (the "Authority "),
providing for the sale by the Authority and the purchase by the Bank of the Authority's Revenue
Refunding Bond, Series 2020 in the maximum principal amount of $ (the
"Refunding Bond "). Acceptance of this offer shall be evidenced by the execution and delivery
to the Bank of this Bond Purchase and Loan Agreement by the Chairman or Vice Chairman of
the Authority, either of whom may act (either being referred to herein as the "Chairman ").
Upon such acceptance, this Bond Purchase and Loan Agreement shall be in full force and effect
in accordance with its terms and shall be binding upon the Authority and the Bank.
1. Purpose of Financing and Security for Refunding Bond. The Refunding Bond will be
issued pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64, Title 15.2, Code of
Virginia of 1950, as amended (the "Act "), in order to refinance certain costs of the development
of an industrial park, including the acquisition of land located in Roanoke County described as
five (5) parcels roughly bounded by and in the vicinity of Interstate 81 and Wood Haven Road,
which consists of approximately one hundred six (106) acres, together with such other parcels of
real property that may be acquired by the Authority in connection with the project contemplated
herein and related improvements and facilities, including necessary expenses incidental thereto
(collectively, the "Project ") and payment of certain costs of issuance of the Refunding Bond,
for the benefit of citizens of the City of Roanoke, Virginia (the "City of Roanoke "), Roanoke
County, Virginia ( "Roanoke County ") and the City of Salem, Virginia (the "City of Salem"
and together with the City of Roanoke and Roanoke County, the "Participants "). The
refinancing described above shall be accomplished by using proceeds of the Refunding Bond
[and other legally available funds] to prepay and redeem in full the Authority's $10,000,000
Revenue Bond, Series 2016, issued on or about October 14, 2016 (the "2016 Bond ").
The Refunding Bond shall be payable from certain payments from the Participants, described as:
(1) payments from the City of Roanoke to the Authority (the "City of Roanoke Support
Payments ") pursuant to a Refunding Support Agreement between the City of Roanoke and the
Authority (the "City of Roanoke Refunding Support Agreement "); (2) payments from
Roanoke County to the Authority (the "Roanoke County Support Payments ") pursuant to a
Refunding Support Agreement between Roanoke County and the Authority (the "Roanoke
County Refunding Support Agreement "), such Roanoke County Support Payments being the
same as payments to be made by Roanoke County to the Authority under the Lease Agreement
(as defined below); and (3) payments from the City of Salem to the Authority (the "City of
Salem Support Payments ") pursuant to a Refunding Support Agreement between the City of
Salem and the Authority (the "City of Salem Refunding Support Agreement' and, together
with the City of Roanoke Refunding Support Agreement and the Roanoke County
Refunding Support Agreement, the "Refunding Support Agreements "). The Authority and
Roanoke County will enter into a Ground Lease, dated as of the date hereof (the "Roanoke
County Ground Lease ") which provides that certain Leased Property (as defined below) is
leased by Roanoke County to the Authority and the Leased Property will be leased back to
Roanoke County under a Lease Agreement, dated as of the date hereof between the Authority
and Roanoke County (the "Roanoke County Lease Agreement' and, together with the
Roanoke County Ground Lease the "Roanoke County Lease Agreements "). The City of
Roanoke Support Payments, the Roanoke County Support Payments and the City of Salem
Support Payments, collectively and made on a timely basis, will be sufficient to enable the
Authority to meet its scheduled debt service payments on the Refunding Bond. The obligations
for the City of Roanoke Support Payments and the City of Salem Support Payments shall be
general obligations and secured by the full faith and credit of each such locality, respectively,
and the undertaking for the Roanoke County Support Payments is subject to and conditioned
upon the Roanoke County Board of Supervisors making annual appropriations for the same.
The City of Roanoke will agree in the City of Roanoke Refunding Support Agreement to pay
Basic Payments (as defined in the City of Roanoke Refunding Support Agreement) in a timely
fashion to the Authority in an amount equal to 44.2% (the "City of Roanoke Percentage ") of
the payments of principal and interest due on the Refunding Bond. Roanoke County will agree
in the Roanoke County Refunding Support Agreement to pay Basic Payments (as defined in the
Roanoke County Refunding Support Agreement), subject to annual appropriation by the Board
of Supervisors of Roanoke County, in a timely fashion to the Authority in an amount equal to
44.2% (the "Roanoke County Percentage ") of the payments of principal and interest due on
the Refunding Bond, and such Basic Payments shall be secured by an assignment of rents
payable to the Authority pursuant to the Roanoke County Lease Agreement (as defined below).
The City of Salem will agree in the City of Salem Refunding Support Agreement to pay Basic
Payments (as defined in the City of Salem Refunding Support Agreement) in a timely fashion to
the Authority in an amount equal to 11.6% (the "City of Salem Percentage ") of the payments
of principal and interest due on the Refunding Bond.
The Authority will lease certain real estate and buildings owned by Roanoke County described as
the Roanoke County Government Center located at 5204 Bernard Drive, Roanoke, Virginia
24018 (the "Leased Property ") pursuant to the Roanoke County Ground Lease and lease such
property back to Roanoke County pursuant to the Roanoke County Lease Agreement.
The Bank and the Authority will enter into an Assignment Agreement dated as of June 15, 2020
(the "Assignment Agreement') whereby payments received by the Authority under the
Refunding Support Agreements and the Roanoke County Lease Agreement will be assigned to
the Bank to be applied toward debt service payments on the Refunding Bond.
The Authority has agreed to issue the Refunding Bond and use the proceeds thereof for the
refunding of the 2016 Bond and for the Project. The Refunding Support Agreements, the
Roanoke County Lease Agreements and the Assignment Agreement are referred to
2
collectively herein as the "Basic Agreements." The Basic Agreements and the Refunding
Bond shall be in the forms previously furnished or summarized to the Authority and its counsel,
with such subsequent modifications as may be approved by the Authority, the Bank and as
applicable a Participant that is a party to a specific Basic Agreement. The Refunding Bond and
the Basic Agreements shall not become effective until delivery at Closing (as defined below).
2. Purchase and Terms of the Refunding Bond. Upon the terms and conditions and upon
the basis of the representations set forth herein, the Bank hereby agrees to purchase from the
Authority, and the Authority hereby agrees to sell to the Bank, the Refunding Bond at the
purchase price of 100% of the aggregate principal amount advanced under the Refunding Bond
(the "Purchase Price "). The Refunding Bond shall be as described in, and shall have the terms
and conditions, including but not limited to the payment dates for interest, principal and
redemption or prepayment provisions, set forth in the form of Refunding Bond attached as
Exhibit A hereto and incorporated by this reference. The principal sums advanced under the
Refunding Bond shall bear interest at the rate of 2.59 percent per annum through the final
maturity date of the Refunding Bond. Interest on the Refunding Bond is included in gross
income for federal income tax purposes.
3. Refunding Bond as Limited Obligation of the Authority. The Refunding Bond shall
be a limited obligation of the Authority payable solely from the revenues and receipts derived by
the Authority under the Basic Agreements in accordance with the terms thereof, and shall not
constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any
political subdivision thereof. Failure of any one Participant to make a payment, to appropriate
funds or to fulfill any obligation of such Participant under a Refunding Support Agreement or the
Roanoke County Lease Agreement, as applicable, shall not constitute a default or breach of any
other Participant or provide the holder of the Refunding Bond with any right or remedy against
any other Participant.
THE BANK UNDERSTANDS AND AGREES THAT THE UNDERTAKING BY ROANOKE
COUNTY TO MAKE THE PAYMENTS UNDER THE ROANOKE COUNTY REFUNDING
SUPPORT AGREEMENT AND UNDER THE ROANOKE COUNTY LEASE AGREEMENT
CONSTITUTES A CURRENT EXPENSE OF ROANOKE COUNTY, PAYABLE ONLY
FROM FUNDS LEGALLY AVAILABLE THEREFOR. SUCH UNDERTAKING DOES NOT
CONSTITUTE A DEBT OF ROANOKE COUNTY WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY LIMITATION AND DOES NOT CONSTITUTE A
LIABILITY OF OR A LIEN OR CHARGE UPON THE FUNDS OR PROPERTY OF
ROANOKE COUNTY, BEYOND THE FISCAL YEAR FOR WHICH THE ROANOKE
COUNTY BOARD OF SUPERVISORS HAS APPROPRIATED FUNDS TO MAKE SUCH
PAYMENTS.
THE BANK FURTHER UNDERSTANDS AND AGREES THAT THE AUTHORITY HAS
NO OBLIGATION TO MAKE PAYMENTS ON THE REFUNDING BOND EXCEPT FROM
THE PAYMENTS OF RECEIVED UNDER THE REFUNDING SUPPORT AGREEMENTS
AND THE ROANOKE COUNTY LEASE AGREEMENTS, WHICH RIGHTS WILL BE
ASSIGNED PURSUANT TO THE ASSIGNMENT AGREEMENT TO THE BANK.
4. Representations and Warranties of the Authority. The Authority represents, warrants
and agrees as follows:
3
(a) The Authority is a political subdivision of the Commonwealth of Virginia,
duly organized and validly existing as a regional facility authority pursuant to the Act, and has
full right, power and authority to enter into the Basic Agreements to which it is a party and this
Bond Purchase and Loan Agreement, to issue, sell and deliver the Refunding Bond as provided
herein and to carry out and consummate all other transactions contemplated by the Basic
Agreements and this Bond Purchase and Loan Agreement.
(b) The Authority has, and at the Closing Date will have, duly authorized all
actions necessary or appropriate to be taken for the Authority to (1) enter into, execute and
deliver the Basic Agreements to which it is a party and this Bond Purchase and Loan Agreement,
(2) to issue, sell and secure the Refunding Bond to the Bank as provided herein, and (3) to
consummate and carry out the other transactions contemplated by the Basic Agreements and this
Bond Purchase and Loan Agreement.
(c) The Authority has authorized the taking of any and all actions as may be
required by the Authority to consummate the transactions contemplated in the Basic Agreements
and this Bond Purchase and Loan Agreement at duly convened public meetings, with respect to
which all required notices were duly given to all members, and at which meetings a quorum was
present and acting throughout.
(d) The Authority has (1) duly authorized the execution and delivery of the
Basic Agreements to which it is a party and this Bond Purchase and Loan Agreement, (2) duly
authorized the issuance, sale and delivery of the Refunding Bond, and (3) taken or will take all
further action necessary or appropriate to carry out the issuance, sale and delivery of the
Refunding Bond to the Bank.
(e) There is no action, suit, proceeding, inquiry or investigation at law or in
equity, before or by any court, public board or body, pending or, to the best knowledge of the
Authority, threatened against the Authority, affecting the organization and existence of the
Authority or the titles of its officers to their respective offices or seeking to prohibit, restrain or
enjoin the sale, issuance or delivery of the Refunding Bond or the collection of payments of
Basic Rent (as defined in the Roanoke County Lease Agreement) to pay the principal of and
interest on the Refunding Bond, or the pledge thereof, or in any way contesting or affecting the
validity or enforceability of the Refunding Bond, the Basic Agreements to which it is a party or
this Bond Purchase and Loan Agreement or contesting in any way the power of the Authority to
issue the Refunding Bond or to execute and deliver the Basic Agreements to which it is a party
or this Bond Purchase and Loan Agreement, nor, to the best knowledge of the Authority, is there
any basis therefor.
(f) No further consent, approval, authorization or order of any court or
governmental agency or body not already obtained is required for the issuance, delivery or sale
of the Refunding Bond or, as of the date hereof, the consummation of the other transactions
effected or contemplated herein or hereby by the Authority (except that no representation is
given as to any action required under state securities or blue sky laws in connection with the
purchase, distribution or sale of the Refunding Bond).
(g) The Authority is not in violation of the Act or any existing law, rule or
regulation applicable to it and is not in default under any indenture, mortgage, deed of trust, lien,
M
lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any
kind to which the Authority is a party or by which it is bound or to which any of its assets are
subject, which default would adversely affect the Refunding Bond, and the execution and
delivery by the Authority of the Basic Agreements to which it is a party, the Refunding Bond,
the assignment of the Authority's rights under the Basic Agreements and the compliance with the
terms and conditions thereof will not conflict with or result in the breach of or constitute a
default under any of the foregoing.
(h) When delivered to and paid for by the Bank in accordance with the terms
of this Bond Purchase and Loan Agreement, the Refunding Bond will have been duly authorized,
executed and issued.
(i) The representations and agreements of the Authority herein will be true
and correct in all material respects as of the Closing.
5. Closing. The delivery of the Refunding Bond (the "Closing ") shall be at such place and
time as may be agreed to by the Authority and the Bank (but in no event later than June 19, 2020,
unless otherwise agreed to in writing by the parties) (the "Closing Date "). Upon delivery of the
Refunding Bond to the Bank, the Bank will cause payment to be made as directed by the
Authority, in immediately available funds, in the amount of $ (the "Funds
Advanced "). As will be set forth in a Closing Memorandum by Davenport & Company LLC
(the "Financial Advisor "), the Funds Advanced will be utilized at the time of the Closing to
redeem and prepay the principal of and all outstanding interest on the 2016 Bond in full, and pay
certain costs of issuance of the Refunding Bond. The Authority will use unspent proceeds of the
2016 Bond for costs of the Project. The Basic Agreements shall be delivered on the Closing
Date to the Richmond, Virginia, offices of Sands Anderson PC as bond counsel to the Authority
( "Bond Counsel ") or such other place as to which the Authority and the Bank may agree in
writing.
6. Conditions to Closing. The Bank's obligations hereunder to purchase and pay for the
Refunding Bond shall be subject to the performance by the Authority of its obligations hereunder
and by the Authority and the Participants of their respective obligations under the applicable
Basic Agreements at or prior to the Closing Date, and to the following additional conditions at
the Closing Date:
(a) All official action of the Authority and the Participants relating to the
Basic Agreements and the Refunding Bond shall be in full force and effect and shall not have
been amended, modified or supplemented, except as may have been agreed to by the Bank.
(b) At the Closing Date, the Basic Agreements shall be in full force and effect
and shall not have been amended, modified or supplemented, except as may have been agreed to
by the Bank.
(c) Receipt by the Bank of the Refunding Bond and executed copies of the
Basic Agreements.
(d) Receipt by the Bank of a certificate, dated the Closing Date and signed by
the Chairman of the Authority, to the effect that (1) the representations and warranties of the
Authority contained herein are true and correct in all material respects as of the Closing Date as
5
if made on the Closing Date, and (ii) the Authority has complied with all the agreements and
satisfied all the conditions on its part to be performed or satisfied at or prior to the Closing Date.
(e) Receipt by the Bank of certificates, dated the Closing Date and signed by
the City Manager or County Administrator, as applicable, of each Participant to the effect that (i)
the representations and warranties of the such Participant in the Basic Agreements to which it is
a party are true and correct as of the Closing Date as if made on the Closing Date, and (ii) such
Participant has complied with all the agreements and satisfied all the conditions on its part to be
performed or satisfied on or prior to the Closing Date.
(f) Receipt by the Bank of a certificate executed by the Chairman of the
Authority, and certificates signed by the City Manager or County Administrator, as applicable, of
each Participant, satisfactory to the Bank that, as of the Closing Date, there is no litigation at law
or in equity pending or to the knowledge of the Authority, or each Participant, as applicable,
threatened against the Authority, or any Participant, as applicable (i) affecting or regarding the
existence of the Authority, or any Participant, as applicable, the validity or enforceability of the
Refunding Bond, the Basic Agreements or this Bond Purchase and Loan Agreement against the
Authority, any Participant, as applicable, or the titles of the officers executing the Refunding
Bond or the Basic Agreements to their respective offices, (ii) seeking to prohibit, restrain or
enjoin the issuance, sale or delivery of the Refunding Bond, or the pledges of revenues in support
thereof, (iii) in any way contesting the power of the Authority to issue the Refunding Bond or
develop the Project and (iv) contesting the power of the Authority, or any Participant, as
applicable, to execute and deliver the Basic Agreements or the Refunding Bond.
(g) Delivery to the Bank of an opinion of counsel to the Authority, dated the
Closing Date, in substantially the form set forth in Exhibit D hereto.
(h) Receipt by the Bank of an opinion, dated the Closing Date, of the Roanoke
City Attorney and the Salem City Attorney, each in substantially the form attached as Exhibit B
hereto.
(i) Receipt by the Bank of an opinion, dated the Closing Date and addressed
to the Bank, of the Roanoke County Attorney, in substantially the form attached as Exhibit C
hereto.
0) Receipt by the Bank of the approving opinion of Bond Counsel, dated the
Closing Date, subject to the usual qualifications, as to the validity and enforceability of the
Refunding Bond and the enforceability of the Basic Agreements against the Participants (to the
extent they are parties thereto).
(k) Such additional legal opinions, certificates, instruments and other
documents as the Bank or Bond Counsel may reasonably request to evidence the due
performance or satisfaction by the Authority and the Participants at or prior to the Closing Date
of all agreements then to be performed and all conditions then to be satisfied by the Authority
and the Participants.
The Bank reserves the right to waive any of the conditions to its obligations contained in
this Bond Purchase and Loan Agreement.
G
If the Authority or any Participant shall be unable to perform or fulfill the conditions to
the Bank's obligations hereunder, or if the Bank's obligations hereunder shall be terminated for
any reason permitted hereby, this Bond Purchase and Loan Agreement shall terminate and
neither the Bank, the Authority nor any Participant shall be under further obligation hereunder.
7. Fees and Expenses. The Authority agrees to cause to be paid the fees and disbursements
of the Financial Advisor, of Bond Counsel, of counsel to the Bank and disbursements incurred in
connection with the issuance and sale of the Refunding Bond to the Bank, in each case from the
proceeds of the Refunding Bond or from other funds available to the Authority, as provided by
the Participants.
S. Optional Prepayment. The Refunding Bond shall be subject to prepayment or
redemption prior to maturity at the option of the Authority at any time, at the direction of one or
more Participants, in whole or in part, at a redemption price equal to 100% of the principal
amount of the Refunding Bond to be redeemed, plus interest accrued to the redemption date. In
the event of partial prepayment, the Authority shall direct the Bank to either (a) apply the amount
prepaid to principal in the inverse order of maturity or (b) reamortize principal payments due
after such prepayment over the remainder of the term of the Refunding Bond.
9. Representations of Bank. The Bank represents and warrants that the purchase of the
Refunding Bond is for its individual account only and not with a present view for distribution to
other purchasers thereof. The Bank is a corporation authorized to do business in the
Commonwealth. The Bank represents and warrants that it is purchasing the Refunding Bond at
its sole risk based on its evaluation of the credit risks arising therefrom. The Bank acknowledges
and agrees that the Authority may incur additional obligations in relation to the Project, other
than the Refunding Bond, which additional obligations may include issuance by the Authority of
additional revenue bonds payable in whole or in part from additional support payments from the
Participants.
10. Notices. Any notice or other communication to be given to the Authority or the Bank
under this Agreement may be given by delivery of the same in writing (a) to the Authority, at c/o
Roanoke Valley — Allegheny Reg. Commission, 313 Luck Avenue SW, Roanoke, Virginia
24016 (Attention: John Hull, Executive Director) and (b) to the Bank, at 111 Franklin Road, SE,
Suite 110, Roanoke, Virginia 24011 (Attention: H. Victor Gilchrist). Any party to this Bond
Purchase and Loan Agreement may designate additional or different addresses for notice or
communications by notice given under this Section to the other party.
11. Miscellaneous. This Bond Purchase and Loan Agreement is made solely for the benefit
of the Authority and the Bank (including their successors or assigns) and no other person shall
acquire or have any right hereunder or by virtue hereof. All the representations, warranties and
agreements contained herein shall remain operative and in full force and effect, regardless of (a)
any investigations made by or on behalf of the Bank; (b) delivery of and payment for the
Refunding Bond hereunder; and (c) any termination of this Bond Purchase and Loan Agreement.
This Bond Purchase and Loan Agreement may not be assigned by the Authority or the Bank.
This Bond Purchase and Loan Agreement has been dated as of June 15th, 2020 for purposes of
identifying the instrument. The Authority covenants and agrees to provide to the Bank a copy of
the fully executed Participation Agreement by and between the Authority and the Participants
concerning the Project and a copy of any future amendment to such Participation Agreement.
7
The Authority agrees that it will provide the Bank with a copy of the Authority's annual audited
financial statements no later than March 31 of each year.
12. Governing Law. The construction and enforcement of this Bond Purchase and Loan
Agreement shall be governed by the laws of the Commonwealth of Virginia, without regard for
its conflicts of laws provisions.
13. Execution in Counterparts; Facsimile Signatures. This Bond Purchase and Loan
Agreement may be executed in several counterparts, each of which shall be an original and all of
which shall constitute one and the same instrument, and any of the parties hereto may execute
this Bond Purchase and Loan Agreement by signing any such counterpart.
14. Severability. In case any one or more of the provisions of this Bond Purchase and Loan
Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall
not affect any other provisions of this Bond Purchase and Loan Agreement, and this Bond
Purchase and Loan Agreement shall be construed and enforced as if such illegal or invalid
provisions had not been contained herein.
[Remainder of this page intentionally left hlankJ
N.
Confirmed and Accepted
as of the date first above written:
WESTERN VIRGINIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY
Chairman
Very truly yours,
ATLANTIC UNION BANK
Title:
E
R -1
EXHIBIT A
FORM OF THE REFUNDING BOND
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
is
WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
REVENUE REFUNDING BOND, SERIES 2020
INTEREST RATE MATURITY DATE DATED DATE ISSUE DATE
2.59% January 15, 2037 June _, 2020 June _, 2020
REGISTERED OWNER: Atlantic Union Bank
PRINCIPAL AMOUNT: $
The WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY,
a political subdivision of the Commonwealth of Virginia (the "Authority "), for value received,
promises to pay, solely from the revenues and other property pledged to the payment of this
Bond, to the Registered Owner of this Bond or legal representative, subject to prepayment or
redemption as hereinafter provided, the sum of
DOLLARS ($
in annual installments in the amounts set forth on Schedule A attached hereto payable on January
15, 2023 and annually on January 15 thereafter to and including January 15, 2037, together with
interest on the outstanding principal amounts from the date hereof until payment of the entire
outstanding principal amounts at the rate of two and 59/100 percent (2.59 %) per year, payable on
every January 15 and July 15 from and including January 15, 2021 through and including
January 15, 2037. If not sooner paid, the final installment shall be due and payable January 15,
2037. The payment of every installment shall be applied first to interest accrued to the payment
date and then to principal. This Bond will bear interest from the Dated Date stated above.
Interest on this Bond will be computed on the basis of a year of 360 days and twelve 30 -day
months. Principal of, premium, if any, and interest on this Bond are payable in lawful money of
the United States of America. If the date of any payment due hereunder is not a Business Day
(as hereinafter defined) then such payment shall be due on the next following Business Day.
Business Day shall mean any day other than (1) a Saturday or Sunday or (2) a day on which
commercial banks in the Commonwealth of Virginia are authorized to close.
This Bond is issued by the Authority pursuant to the Virginia Regional Industrial
Facilities Act, Chapter 64, Title 15.2, Code of Virginia of 1950, as amended, and a Bond
Purchase and Loan Agreement dated as of June 15, 2020 between the Authority and Atlantic
A -1
Union Bank (the "Bond Purchase and Loan Agreement ") for the purpose of providing funds
to finance and refinance (i) certain costs of the development of an industrial park, including the
acquisition of land located in Roanoke County described as five (5) parcels roughly bounded by
and in the vicinity of Interstate 81 and Wood Haven Road, which consists of approximately one
hundred six (106) acres, together with such other parcels of real property that may be acquired
by the Authority in connection with the Project (as defined in the Bond Purchase and Loan
Agreement) and related improvements and facilities, including necessary expenses incidental
thereto and (ii) certain costs of issuing this Bond. The refinancing described above shall be
accomplished by using proceeds of this Bond to prepay and redeem in full the Authority's
$10,000,000 Revenue Bond, Series 2016, issued on or about October 14, 2016 (the 112016
Bond ").
The payments on this Bond are expected to be made from certain payments to the
Authority from the City of Roanoke, Virginia (the "City of Roanoke "), the County of Roanoke,
Virginia ( "Roanoke County ") and the City of Salem, Virginia (the "City of Salem" and,
together with the City of Roanoke and Roanoke County, the "Participants ") as follows (i)
payments from the City of Roanoke to the Authority (the "City of Roanoke Support
Payments ") pursuant to a Refunding Support Agreement between the City of Roanoke and the
Authority (the "City of Roanoke Refunding Support Agreement "); (ii) payments from
Roanoke County to the Authority (the "Roanoke County Support Payments ") pursuant to a
Refunding Support Agreement between Roanoke County and the Authority (the "Roanoke
County Refunding Support Agreement "), such Roanoke County Support Payments being the
same as payments to be made by Roanoke County to the Authority under the Roanoke County
Lease Agreement (as defined in the Bond Purchase and Loan Agreement); and (iii) payments
from the City of Salem to the Authority (the "City of Salem Support Payments ") pursuant to a
Refunding Support Agreement between the City of Salem and the Authority (the "City of Salem
Refunding Support Agreement" and, together with the City of Roanoke Refunding
Support Agreement and the Roanoke County Refunding Support Agreement, the
"Refunding Support Agreements ").
This Bond and the interest hereon are limited obligations of the Authority and are payable
solely from the revenues and receipts derived by the Authority from the sources described
herein. Failure of any one Participant to make a payment, to appropriate funds or to fulfill any
obligation of such Participant under a Refunding Support Agreement or the Roanoke County
Lease Agreement, as applicable, shall not provide the holder of the Refunding Bond with any
right or remedy except as provided under the applicable Refunding Support Agreement or
Roanoke County Lease Agreement, and shall not affect the rights or obligations of any other
Participant. The owner of this Bond shall look solely to the Authority's interest in the Refunding
Support Agreements and the Roanoke County Lease Agreement for the satisfaction of any and
all remedies it may have against the Authority upon a default or nonpayment under one or more
of the Refunding Support Agreements or the Roanoke County Lease Agreement, as applicable.
The principal and interest on this Bond will not be deemed to constitute a general obligation debt
or a pledge of the faith and credit of the Commonwealth of Virginia or any of its political
subdivisions. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY OF ITS
POLITICAL SUBDIVISIONS, INCLUDING THE AUTHORITY, ARE OBLIGATED TO PAY
THE PRINCIPAL OF OR INTEREST ON THIS BOND OR OTHER COSTS INCIDENT TO
IT EXCEPT FROM THE REVENUES, MONEY OR PROPERTY OF THE AUTHORITY
A -2
PLEDGED FOR SUCH PURPOSE, AND NEITHER THE FAITH AND CREDIT NOR THE
TAXING POWER OF THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS
POLITICAL SUBDIVISIONS, INCLUDING THE AUTHORITY, IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS BOND OR OTHER COSTS
INCIDENT TO IT, EXCEPT AS PROVIDED IN THE CITY OF ROANOKE REFUNDING
SUPPORT AGREEMENT AND THE CITY OF SALEM REFUNDING SUPPORT
AGREEMENT.
THE OBLIGATION OF ROANOKE COUNTY TO MAKE THE ROANOKE COUNTY
SUPPORT PAYMENTS CONSTITUTES A CURRENT EXPENSE OF ROANOKE COUNTY,
SUBJECT TO ANNUAL APPROPRIATION BY ROANOKE COUNTY, BUT THE
AUTHORITY HAS NO OBLIGATION OR LIABILITY TO THE REGISTERED OWNER
HEREOF WITH RESPECT TO PAYMENTS TO BE MADE BY ROANOKE COUNTY
UNDER THE ROANOKE COUNTY REFUNDING SUPPORT AGREEMENT AND THE
ROANOKE COUNTY LEASE AGREEMENT OR WITH RESPECT TO THE
PERFORMANCE BY ROANOKE COUNTY OF ANY COVENANT CONTAINED
THEREIN. THE OBLIGATION OF THE CITY OF ROANOKE TO MAKE THE CITY OF
ROANOKE SUPPORT PAYMENTS CONSTITUTES A GENERAL OBLIGATION AND
DEBT OF THE CITY OF ROANOKE BUT THE AUTHORITY HAS NO OBLIGATION OR
LIABILITY TO THE REGISTERED OWNER HEREOF WITH RESPECT TO PAYMENTS
TO BE MADE BY THE CITY OF ROANOKE UNDER THE CITY OF ROANOKE
REFUNDING SUPPORT AGREEMENT OR WITH RESPECT TO THE PERFORMANCE BY
THE CITY OF ROANOKE OF ANY COVENANT CONTAINED THEREIN. THE
OBLIGATION OF THE CITY OF SALEM TO MAKE THE CITY OF SALEM SUPPORT
PAYMENTS CONSTITUTES A GENERAL OBLIGATION AND DEBT OF THE CITY OF
SALEM BUT THE AUTHORITY HAS NO OBLIGATION OR LIABILITY TO THE
REGISTERED OWNER HEREOF WITH RESPECT TO THE PERFORMANCE BY THE
CITY OF SALEM OF ANY COVENANT CONTAINED THEREIN. THE AUTHORITY HAS
NO TAXING POWER.
This Bond is subject to prepayment or redemption prior to maturity at the option of the
Authority at any time, without penalty, at the direction of one or more Participants, in whole or
in part, at a redemption price equal to 100% of the principal amount of Bond to be redeemed,
plus interest accrued to the redemption date. In the event of partial prepayment, the Authority
shall direct the Registered Owner of this Bond to either (a) apply the amount prepaid to principal
in the inverse order of maturity or (b) reamortize principal payments due after such prepayment
over the remainder of the term of this Bond.
All acts and conditions required to happen, exist or be performed precedent to and in
connection with the issuance of this Bond have happened, exist and have been performed.
[Remainder of This Page Intentionally Left Blank]
A -3
h
IN WITNESS WHEREOF, the Western Virginia Regional Industrial Facility
Authority has caused this Bond to be executed by the manual signature of its Chairman and
attested by the manual signature of its Secretary and this Bond to be dated ,
2020.
ATTEST:
LOW
Secretary
WESTERN VIRGINIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY
LIM
Chairman
(Form of Assignment)
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE
(Please print or type Name and Address, including postal zip code of Transferee)
the within Bond and all rights under it, irrevocably constituting and appointing
Attorney to transfer
the Bond on the books kept for its registration, with full power of substitution.
Dated:
Signature Guaranteed
(NOTICE: Signature(s) must be
guaranteed by an Eligible Guarantor
Institution such as a Commercial Bank,
Trust Company, Securities
Broker /Dealer, Credit Union, or Savings
Association who is a member of a
medallion program approved by the
Securities Transfer Association, Inc.
Registered Owner
NOTICE: The signature above must correspond
with the name of the Registered Owner as it
appears on the front of this Bond.
(End of Form of Assignment)
A -5
SCHEDULE A
m
EXHIBIT B
Opinion of City Attorney
[Letterhead of City Attorney]
[Closing Date]
Western Virginia Regional
Industrial Facility Authority
c/o Roanoke Valley — Allegheny Reg.
Commission
313 Luck Avenue SW
Roanoke, Virginia 24016
[Bank]
City of
, Virginia 2
Sands Anderson PC
1111 East Main Street
Richmond, Virginia 23219
Western Virginia Regional Industrial Facility Authority
$ Revenue Refunding Bond, Series 2020
Ladies and Gentlemen:
I am the City Attorney for the City of , Virginia (the "City "). In
connection with the issuance of the above - referenced bond (the "Refunding Bond ") by the
Western Virginia Regional Industrial Facility Authority (the "Authority "), I have examined,
among other things, the following documents:
(a) the Constitution and applicable laws of the Commonwealth of Virginia;
(b) the City Charter, Chapter of Acts of Assembly of , as amended
(the "Charter ");
(c) a certified copy of a Resolution adopted by the City Council on
_, 2020 authorizing, among other things, the execution and delivery, or
consent and acknowledgment to, as applicable, of the City Documents (as hereinafter
defined) (the "City Resolution ");
(d) a copy of the Bond Purchase and Loan Agreement, dated ,
2020 (the "Bond Purchase and Loan Agreement "), between the Authority and
(the "Bank ");
IM
(e) a Refunding Support Agreement, dated as of , 2020 (the
"City of Refunding Support Agreement "), between the City and the
Authority, pursuant to which the City has agreed, among other things, to make payments
to the Authority in the amount of percent (_ %) of the debt service payments of
the Refunding Bond on a timely basis as a general obligation of the City to the Authority;
and
(f) an Assignment Agreement, dated as of , 2020 (the
"Assignment Agreement "), between the Authority and the Bank, assigning certain of
the Authority's rights under the City of Refunding Support Agreement to the
Bank as security for, and for payment of, the Refunding Bond, which Assignment
Agreement is acknowledged and consented to by the City.
In all such examinations, I have assumed that all signatures on documents and
instruments examined by me are genuine, all documents submitted to me as originals are
authentic and all documents submitted to me as copies conform to the originals. In addition, for
purposes of this opinion, I have assumed the due authorization, execution and delivery of the
above documents by all parties other than the City. I have also examined such other records,
agreements and proceedings of the City and conducted such investigations as I have deemed
appropriate and necessary for purposes of this opinion. As to questions of fact material to my
opinion, I have relied upon representations of the City contained in the Basic Agreements, as
defined below and certifications by representatives of the City and the Authority.
Based upon the foregoing, I am of the opinion that:
1. The City is a duly organized municipal corporation and political subdivision and
validly existing under the Constitution and laws of the Commonwealth of Virginia and vested
with all the rights, powers and privileges conferred upon cities by the Constitution and laws of
the Commonwealth.
2. The City Resolution was duly adopted by the City Council and is in full force and
effect.
3. The City has all necessary power and authority to enter into and perform its
obligations under the City of Refunding Support Agreement and the Assignment
Agreement (collectively, the "City Documents ") and carry out the transactions contemplated to
be performed by the City under the City Documents and under the Bond Purchase and Loan
Agreement.
4. The City Documents have been duly authorized, executed and delivered or
acknowledged and consented to, as applicable, by the City, and constitute valid and binding
obligations of the City enforceable against the City in accordance with their terms; except to the
extent that their enforceability may be limited to or otherwise affected by (a) bankruptcy,
insolvency, reorganization, arrangement, moratorium and other laws affecting the rights of
creditors and debtors generally and (b) principles of equity, whether considered at law or in
equity.
5. The adoption by the City Council of the City Resolution and the execution and
delivery by the City of the City Documents and the consummation by the City of the transactions
contemplated to be performed by the City under the City Documents and the Bond Purchase and
Loan Agreement are not prohibited by, and do not violate any provision of and will not result in
the breach of any law, rule, regulation, judgment, decree, order or other requirement applicable
to the City, the Charter, any ordinance or resolution of the City, or any material contract,
indenture or agreement to which the City is a party or by which the City is bound, and have not
resulted, and will not result, in the creation or imposition of any lien, encumbrance, mortgage or
other similar conflicting ownership or security interest in favor of any third person in or to the
City's revenues, assets, properties or funds except as contemplated in the City Documents.
6. There is no litigation pending or, to the best of my knowledge, threatened against
the City (a) to restrain or enjoin the issuance, sale or delivery of the Refunding Bond, or the
application of proceeds of the Refunding Bond as provided in the City Documents or the
collection of revenues pledged under the City of Refunding Support Agreement, (b) in
any way contesting or affecting any authority for the validity of the City Documents, (c)
adversely affecting the financial condition of the City in any material way, or (d) affecting the
acquisition, construction or equipping of the Project (as defined in the Bond Purchase and Loan
Agreement).
7. No further governmental or regulatory consents, approvals, orders or
authorizations by the City are required for the adoption of the City Resolution or the execution
and delivery by the City of the City Documents or for the consummation by the City of the
actions contemplated to be performed by the City under the City Documents and the Bond
Purchase and Loan Agreement.
Very truly yours,
EXHIBIT C
Opinion of County Attorney
[Letterhead of County Attorney]
[Closing Date]
Western Virginia Regional
Industrial Facility Authority
c/o Roanoke Valley — Allegheny Reg.
Commission
313 Luck Avenue SW
Roanoke, Virginia 24016
[Bank]
Roanoke County
5204 Bernard Drive
Roanoke, Virginia 24018
Sands Anderson PC
1111 East Main Street
Richmond, Virginia 23219
Western Virginia Regional Industrial Facility Authority
$ Revenue Refunding Bond, Series 2020
Ladies and Gentlemen:
I am the County Attorney for Roanoke County, Virginia (the "County "). In connection
with the issuance of the above - referenced bond (the "Refunding Bond ") by the Western
Virginia Regional Industrial Facility Authority (the "Authority "), I have examined, among
other things, the following documents:
(a) the Constitution and applicable laws of the Commonwealth of Virginia;
(b) the County Charter, Chapter 617 of Acts of Assembly of 1986, as
amended (the "Charter ");
(c) a certified copies of an Ordinance adopted by the Board of Supervisors of
the County (the "Board of Supervisors ") on _, 2020 authorizing, among
other things, the execution and delivery of the Basic Agreements (as hereinafter defined)
(the "County Ordinance ");
(d) a copy of the Bond Purchase and Loan Agreement, dated ,
2020 (the "Bond Purchase and Loan Agreement "), between the Authority and
(the "Bank ");
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(e) a Ground Lease, dated as of , 2020, between the County
and the Authority (the "Ground Lease ") conveying to the Authority a leasehold interest
in certain property, as described therein (the "Leased Property ");
(f) a Lease Agreement, dated as of , 2020, between the
Authority and the County (the "Lease Agreement ") conveying to the County a leasehold
interest in such Leased Property;
(g) a Refunding Support Agreement, dated as of , 2020 (the
"County Refunding Support Agreement "), between the County and the Authority,
pursuant to which the County has agreed, among other things, to make payments of forty
four and two tenths percent (44.2 %) of the debt service payments of the Refunding Bond
on a timely basis (subject to annual appropriation by the Board of Supervisors) to the
Authority; and
(h) an Assignment Agreement, dated as of 2020 (the
"Assignment Agreement "), between the Authority and the Bank, assigning certain of
the Authority's rights under the County Refunding Support Agreement, the Ground Lease
and the Lease Agreement to the Bank as security for, and for payment of, the Refunding
Bond, which Assignment Agreement is acknowledged and consented to by the County.
In all such examinations, I have assumed that all signatures on documents and
instruments examined by me are genuine, all documents submitted to me as originals are
authentic and all documents submitted to me as copies conform to the originals. In addition, for
purposes of this opinion, I have assumed the due authorization, execution and delivery of the
above documents by all parties other than the County. I have also examined such other records,
agreements and proceedings of the County and conducted such investigations as I have deemed
appropriate and necessary for purposes of this opinion. As to questions of fact material to my
opinion, I have relied upon representations of the County contained in the Basic Agreements, as
defined below and certifications by representatives of the County and the Authority.
Based upon the foregoing, I am of the opinion that:
1. The County is a political subdivision and validly existing under the Constitution
and laws of the Commonwealth of Virginia and vested with all the rights, powers and privileges
conferred upon cities by the Constitution and laws of the Commonwealth.
2. The County Ordinance was duly adopted by the Board of Supervisors and is in
full force and effect.
3. The County has all necessary power and authority to enter into and perform its
obligations under the Ground Lease, the Lease Agreement, the County Refunding Support
Agreement and the Assignment Agreement (collectively, the "County Documents ") and carry
out the transactions contemplated to be performed by the County under the County Documents
and the Bond Purchase and Loan Agreement.
4. The County Documents have been duly authorized, executed and delivered or
acknowledged and consented to, as applicable, by the County, and constitute valid and binding
obligations of the County enforceable against the County in accordance with their terms; except
to the extent that their enforceability may be limited to or otherwise affected by (a) bankruptcy,
C -2
insolvency, reorganization, arrangement, moratorium and other laws affecting the rights of
creditors and debtors generally and (b) principles of equity, whether considered at law or in
equity. The County's undertaking to make payments of Basic Payments and Additional
Payments under the County Refunding Support Agreement and lease payments under the Lease
Agreement is subject to and dependent upon the Board of Supervisors making appropriations in
amounts sufficient for such purpose. Such undertaking does not constitute a debt of the County
within the meaning of any constitutional or statutory limitation nor a liability of or a lien or
charge upon funds or property of the County beyond any fiscal year for which the Board of
Supervisors has appropriated moneys for such purpose.
5. The adoption by the Board of Supervisors of the County Ordinance and the
execution and delivery by the County of the County Documents and the consummation by the
County of the transactions contemplated to be performed by the County under the County
Documents and the Bond Purchase and Loan Agreement are not prohibited by, and do not violate
any provision of and will not result in the breach of any law, rule, regulation, judgment, decree,
order or other requirement applicable to the County, any ordinance or resolution of the County,
or any material contract, indenture or agreement to which the County is a party or by which the
County is bound, and have not resulted, and will not result, in the creation or imposition of any
lien, encumbrance, mortgage or other similar conflicting ownership or security interest in favor
of any third person in or to the County's revenues, assets, properties or funds except as
contemplated in the County Documents.
6. There is no litigation pending or, to the best of my knowledge, threatened against
the County (a) to restrain or enjoin the issuance, sale or delivery of the Refunding Bond, or the
application of proceeds of the Refunding Bond as provided in the County Documents or the
collection of revenues pledged under the Refunding Support Agreement and the Lease
Agreement, (b) in any way contesting or affecting any authority for the issuance or validity of
the Refunding Bond or the validity of the County Documents, (c) affecting the application of
proceeds of the Refunding Bond pursuant to the County Documents, (d) adversely affecting the
financial condition of the County in any material way, or (e) affecting the acquisition,
construction or equipping of the Project (as defined in the Bond Purchase and Loan Agreement).
7. No further governmental or regulatory consents, approvals, orders or
authorizations by the County are required for the adoption of the County Ordinance or the
execution and delivery by the County of the County Documents or for the consummation by the
County of the actions contemplated to be performed by the County under the County Documents
and the Bond Purchase and Loan Agreement.
Very truly yours,
C -3
EXHIBIT D
Opinion of Authority Counsel
[Letterhead of Glenn, Feldmann, Darby & Goodlatte]
[Closing Date]
Western Virginia Regional
Industrial Facility Authority
c/o Roanoke Valley — Allegheny Regional
Commission
313 Luck Avenue SW
Roanoke, Virginia 24016
[Bank]
Western Virginia Regional Industrial Facility Authority
$ Revenue Refunding Bond, Series 2020
Ladies and Gentlemen:
We have served as counsel to the Western Virginia Regional Industrial Facility Authority
(the "Authority ") in connection with the issuance of the above - referenced bond (the
"Refunding Bond ") by the Authority and we have examined, among other things, the following
documents:
(a) the Virginia Regional Industrial Facilities Act, Chapter 64, Title 15.2, Code of
Virginia of 1950, as amended (the "Act ");
(b) a certified copy of a resolution adopted by the Authority on May 15, 2020 (the
"Resolution "), authorizing the issuance of the Refunding Bond and the execution and delivery
of the following:
(1) a copy of the Bond Purchase and Loan Agreement, dated ,
2020 (the "Bond Purchase and Loan Agreement "), between the Authority and
(the "Bank ");
D -1
(2) a Ground Lease, dated as of , 2020, between Roanoke
County, Virginia (the "County ") and the Authority (the "Ground Lease ") conveying to
the Authority a leasehold interest in certain property, as described therein (the "Leased
Property ");
(3) a Lease Agreement, dated as of 2020, between the
Authority and the County (the "Lease Agreement ") conveying to the County a leasehold
interest in such Leased Property;
(4) a Refunding Support Agreement, dated as of 2020 (the
"Roanoke County Refunding Support Agreement "), between the County and the
Authority, pursuant to which the County has agreed to make certain payments (subject to
annual appropriation by the Board of Supervisors) to the Authority; and
(5) a Refunding Support Agreement, dated as of , 2020 (the
"City of Roanoke Refunding Support Agreement "), between the City of Roanoke and
the Authority, pursuant to which the City of Roanoke has agreed to make certain
payments to the Authority; and
(6) a Refunding Support Agreement, dated as of , 2020 (the
"City of Salem Refunding Support Agreement "), between the City of Salem and the
Authority, pursuant to which the City of Salem has agreed to make certain payments to
the Authority; and
(7) an Assignment Agreement, dated as of 2020 (the
"Assignment Agreement "), between the Authority and the Bank, assigning certain of
the Authority's rights under the Roanoke County Refunding Support Agreement, the City
of Roanoke Refunding Support Agreement, the City of Salem Refunding Support
Agreement, the Ground Lease and the Lease Agreement to the Bank as security for, and
for payment of, the Refunding Bond; and
(c) executed counterparts of the documents described in (b) above (collectively, the
"Basic Agreements "); and
(d) such other documents, records, agreements and certificates of the Authority and
other parties, including a copy of a Certificate of the Secretary of the Commonwealth of Virginia
dated February 4, 2014, as we deem necessary or appropriate to enable us to render the opinions
expressed below.
In all such examinations, we have assumed that all signatures on documents and
instruments examined by us are genuine, all documents submitted to us as originals are authentic
and all documents submitted to us as copies conform to the originals. In addition, for purposes
of this opinion we have assumed, without independent investigation or verification, the due
authorization, execution and delivery of the Basic Agreements by all parties other than the
Authority. As to questions of fact material to this opinion, we have relied upon representations
of and the compliance with covenants by the Authority contained in the Basic Agreements,
certifications and representations of public officials furnished to us, and certifications and
representations of the Authority and others delivered at closing. Wherever in this letter an
D -2
opinion is qualified by the phrase "to the best of our knowledge" or "we have no knowledge of
or words of like import, it shall mean that we have no actual knowledge of the matter or matters
so qualified and that no such knowledge has come to us during the course of our representation
of the Authority in connection with this transaction, but that we have conducted no independent
investigation of such matter or matters or otherwise sought verification thereof, except as may be
expressly set forth herein.
Based on and subject to the foregoing, and upon such other information and documents
as we consider necessary for the purpose of rendering this opinion, we are of the opinion that:
1. The Authority is duly organized, validly existing and in good standing under the
Act and has all necessary power and authority to (i) issue and sell the Refunding Bond and (ii)
enter into and perform its obligations under the Basic Agreements. The Authority has taken all
necessary action required of the Authority and has complied with all provisions of the Act
required of the Authority to duly authorize the issuance and sale of the Refunding Bond.
2. The Resolution has been duly adopted by the Authority and is in full force and
effect on the date hereof.
3. The Basic Agreements have been duly authorized, executed and delivered by the
Authority and, assuming due authorization, execution and delivery thereof by the other parties
thereto, are valid and binding obligations of the Authority, enforceable against the Authority in
accordance with their respective terms.
4. The Refunding Bond has been duly authorized, executed and issued by the
Authority and constitutes a valid and binding limited obligation of the Authority, enforceable in
accordance with its terms.
5. The enforceability of the obligations of the Authority under the documents
described above is subject to the provisions of bankruptcy, insolvency, fraudulent conveyance,
reorganization, moratorium or other similar laws. The enforceability of such obligations is also
subject to usual equity principles, which may limit the specific enforcement of certain remedies,
and any indemnity provisions in the Basic Agreements may be limited by court decisions
invalidating or limiting such provisions on grounds including public policy.
6. To the best of our knowledge, no suit, action, proceeding or investigation is
pending or threatened against the Authority, before any court or government department,
commission, board, agency or instrumentality which, if determined adversely, could have a
material adverse effect on (i) the title of the officers of the Authority executing the Refunding
Bond or the Basic Agreements, (ii) the validity or enforceability of the Refunding Bond or the
Basic Agreements, (iii) the authority to execute the Basic Agreements or the Refunding Bond by
the Authority or (iv) the proceedings relating to the execution of the Refunding Bond and the
Basic Agreements by the Authority.
Our opinion expressed herein is for your benefit alone and may not, without our prior
written consent, be relied upon any other person, quoted in any document or filed with any
government agency. We express no opinion herein as to the business or financial resources of
the Authority or of the City of Roanoke, Roanoke County or the City of Salem or their ability or
D -3
willingness to provide for the payment of the Refunding Bond as set forth in the Roanoke
County Refunding Support Agreement, the Lease Agreement, the City of Roanoke Refunding
Support Agreement or the City of Salem Refunding Support Agreement, respectively, as to any
matters of real estate title or liens or as to the accuracy or completeness of any information
relating to the Refunding Bond that may have been relied upon by anyone in making the decision
to purchase the Refunding Bond. Our opinion is expressed as of the date hereof, and we do not
assume any obligation to update or supplement our opinion to reflect any fact or circumstance
which hereafter comes to our attention or change in law which hereafter occurs.
Very truly yours,
M,
REFUNDING SUPPORT AGREEMENT
between
WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
and
CITY OF ROANOKE, VIRGINIA
Dated as of June 15, 2020
NOTE: THIS REFUNDING SUPPORT AGREEMENT HAS BEEN ASSIGNED TO,
AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF ATLANTIC
UNION BANK, UNDER AN ASSIGNMENT AGREEMENT DATED AS OF
June 15, 2020
TABLE OF CONTENTS
Page
Parties................................................................................................................
..............................1
Recitals..............................................................................................................
..............................1
GrantingClauses ...............................................................................................
............................... l
ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION
2
SectionI.I. Definitions .................................................................................
..............................2
Section 1.2. Rules of Construction ..............................................................
..............................3
ARTICLE II REPRESENTATIONS
4
Section 2.1. Representations by Authority
4
Section 2.2. Representations by City ..........................................................
..............................4
ARTICLE III AGREEMENT TO ISSUE REFUNDING BOND
5
Section 3.1. Agreement to Issue Refunding Bond .....................................
..............................5
Section 3.2. Limitation of Authority's Liability ........................................
..............................6
ARTICLE IV PAYMENT OBLIGATIONS
6
Section4.1. Amounts Payable .....................................................................
..............................6
Section4.2. Payments Assigned ..................................................................
..............................6
Section 4.3. Obligation Unconditional ........................................................
..............................7
Section4.4. General Obligation ..................................................................
..............................7
ARTICLE V PREPAYMENT AND REDEMPTION
8
Section 5.1. Prepayment and Redemption .................................................
..............................8
ARTICLE VI PARTICULAR COVENANTS
8
Section 6.1. Limitation of Liability of Directors, etc. of Authority and City ........................8
Section6.2. Use of Proceeds ........................................................................
..............................9
Section6.3. City Covenants . ......................................................................
..............................9
ARTICLE VII EVENTS OF DEFAULT AND REMEDIES
9
Section7.1. Events of Default ......................................................................
..............................9
Section7.2. Remedies ..................................................................................
.............................10
Section 7.3. Reinstatement after Event of Default ...................................
.............................10
Section 7.4. No Remedy Exclusive .............................................................
.............................10
Section 7.5. No Additional Waiver Implied by One Waiver ...................
.............................10
Section 7.6. Attorneys' Fees and Other Expenses ....................................
.............................10
ARTICLE VIII INTENTIONALLY OMITTED
11
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ARTICLE IX ASSIGNMENT AGREEMENT; AMENDMENTS; ASSIGNMENT 11
Section 9.1. Assignment Agreement; Covenants ...................................... .............................11
Section9.2. Amendments .......................................................................... ............................... l 1
ARTICLE X MISCELLANEOUS
12
Section10.1. Notices ...................................................................................... .............................12
Section10.2. Severability .............................................................................. .............................12
Section 10.3. Limited Liability... :******* ...... 12
Section 10.4. Successors and Assigns ........................................................... .............................12
Section 10.5. Counterparts; Delivery .......................................................... .............................12
Section10.6. Governing Law ........................................................................ .............................12
Section 10.7. Term of Agreement ................................................................. .............................13
Signatures......................................................................................................... .............................15
Receipt.............................................................................................................. .............................16
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THIS REFUNDING SUPPORT AGREEMENT dated as of June 15, 2020, by and
between the WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY
AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority "),
and the CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of
Virginia (the "City "), provides:
WITNESSETH:
WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia
duly created under the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the
Code of Virginia of 1950, as amended (the "Act "); and
WHEREAS, the Act authorizes the Authority to borrow money to pay the costs of real
estate and all improvements intended to be occupied by manufacturing, warehousing,
distribution, office or other commercial facilities; and
WHEREAS, in order to further the purposes of the Act, on or about October 14, 2016
the Authority issued its $10,000,000 Revenue Bond, Series 2016 (the "2016 Bond ") to finance
the acquisition of interests in land in the vicinity of Interstate 81 and Wood Haven Road in
Roanoke County and related improvements and facilities, including necessary expenses
incidental thereto (collectively, the "Project "); and
WHEREAS, the City, and the City of Salem, Virginia (the "City of Salem ") and
Roanoke County, Virginia ( "Roanoke County" and, together with the City and the City of
Salem, the "Participants" and each individually, including the City, a "Participant ") each
agreed in 2016 to provide financial support for the Project to promote commerce and the
prosperity of the Participants' citizens; and
WHEREAS, the 2016 Bond is a limited obligation of the Authority payable from the
revenues and receipts of the Authority to be received under support agreements with the City of
Roanoke (being a general obligation of the City of Roanoke), with the City of Salem (being a
general obligation of the City of Salem) and with Roanoke County (being a subject to annual
appropriation commitment of Roanoke County secured by a lease of the Roanoke County
Government Center); and
WHEREAS, the Authority desires to refund and refinance the 2016 Bond in order to
achieve debt service savings and reduce payments made by the Participants in support of the
Project, and the Authority has determined to issue pursuant to the terms of a Bond Purchase and
Loan Agreement, dated as of June 15, 2020 (the "Bond Purchase Agreement ") between the
Authority and Atlantic Union Bank (the "Bank "), its Revenue Refunding Bond, Series 2020 in
the maximum principal amount of $10,450,000 (the "Refunding Bond ") and to use the
proceeds thereof to prepay and redeem the 2016 Bond in full and to refinance Project costs and
to pay certain costs of issuance of the Refunding Bond; and
WHEREAS, such Refunding Bond will be a limited obligation of the Authority secured
by a pledge of the revenues and receipts received by the Authority from (1) payments made by
Roanoke County pursuant to a Refunding Support Agreement between Roanoke County and the
Authority (the "Roanoke County Refunding Support Agreement) and the Roanoke County
Lease Agreement (as defined in the Bond Purchase Agreement), such payments under the
Roanoke County Refunding Support Agreement being the same as rent payments under the
Roanoke County Lease Agreement, and such payments from Roanoke County to constitute a
percentage of amounts due under the terms of the Refunding Bond as set forth in the Bond
Purchase Agreement (the "Roanoke County Portion of Support "), (2) payments made by the
City pursuant to this Refunding Support Agreement (this " Refunding Support Agreement "),
such payments from the City to constitute a percentage of amounts due under the terms of the
Refunding Bond as set forth in the Bond Purchase Agreement (the "City of Roanoke Portion of
Support ") and (3) payments made by the City of Salem pursuant to a Refunding Support
Agreement between the City of Salem and the Authority (the "City of Salem Refunding
Support Agreement "), such payments from the City of Salem to constitute a percentage of
amounts due under the terms of the Refunding Bond as set forth in the Bond Purchase
Agreement (the "City of Salem Portion of Support ").
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other valuable consideration, the parties hereto covenant and agree as
follows:
ARTICLE I
DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.1. Definitions.
Unless otherwise defined in this Refunding Support Agreement, all words used herein
shall have the meanings assigned to such terms in the Bond Purchase Agreement. In addition to
the words defined in the recitals hereto, the following words as used in this Refunding Support
Agreement shall have the following meanings unless a different meaning clearly appears from
the context:
"Additional Payments" shall mean such payment or payments made by the City
pursuant to Section 4.1(b) and Section 5.1.
"Annual Budget" shall mean the budget by that name referred to in Section 4.4.
"Assignment Agreement" means the Assignment Agreement, dated as of June 15,
2020, from the Authority to the Bank.
"Authority Documents" shall mean the Assignment Agreement, this Refunding Support
Agreement and the Bond Purchase Agreement.
"Bank" shall mean Atlantic Union Bank or any subsequent holder of the Refunding
"Basic Payments" shall mean the payments made by the City under this Refunding
Support Agreement as set forth in Section 4.1(a), which such payments are equal to forty four
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and two tenths percent (44.2 %) of the payments of principal and interest due on the Refunding
Bond.
"Bond Purchase Agreement" shall mean the Bond Purchase and Loan Agreement,
dated as of June 15, 2020, between the Authority and the Bank.
"City" shall mean the City of Roanoke, Virginia.
"City Documents" shall mean the Assignment Agreement and this Refunding Support
Agreement.
"City Manager" shall mean the City Manager of the City.
"Council" shall mean the City Council of the City.
"Event of Default" shall mean the events enumerated in Section 7.1.
"Fiscal Year" shall mean the twelve -month period beginning July 1 of one year and
ending on June 30 of the following year, or such other fiscal year of twelve months as may be
selected by the City.
"Public Finance Act" shall mean the Public Finance Act of 1991, Chapter 26 of Title
15.2 of the Code of Virginia of 1950, as amended.
"Refunding Support Agreement" shall mean this Refunding Support Agreement, as
such Refunding Support Agreement may be supplemented, amended or modified.
Section 1.2. Rules of Construction.
The following rules shall apply to the construction of this Refunding Support Agreement
unless the context otherwise requires:
(a) Words importing the singular number shall include the plural number and vice
versa.
(b) Words importing the redemption or calling for redemption of the Refunding Bond
shall not be deemed to refer to or connote the payment of the Refunding Bond at its stated
maturity.
(c) Unless otherwise indicated, all references herein to particular Articles or Sections
are references to Articles or Sections of this Refunding Support Agreement.
(d) The headings herein and Table of Contents to this Refunding Support Agreement
herein are solely for convenience of reference and shall not constitute a part of this Refunding
Support Agreement nor shall they affect its meaning, construction or effect.
(e) All references herein to payment of the Refunding Bond are references to
payment of principal of and premium, if any, and interest on the Refunding Bond.
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ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Authority.
The Authority makes the following representations:
(a) The Authority is a political subdivision of the Commonwealth of Virginia duly
created under the Act;
(b) Pursuant to the Act, the Authority has full power and authority to enter into the
Authority Documents and to perform the transactions contemplated thereby and to carry out its
obligations thereunder and by proper action has duly authorized, executed and delivered such
Authority Documents;
(c) The execution, delivery and compliance by the Authority with the terms and
conditions of the Authority Documents will not conflict with or constitute or result in a default
under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2)
any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree
or other agreement, instrument or other restriction of any kind to which the Authority or any of
its assets is subject;
(d) No further approval, consent or withholding of objection on the part of any
regulatory body or any official, Federal, state or local, is required in connection with the
execution or delivery of or compliance by the Authority with the terms and conditions of the
Authority Documents, except that no representation is made as to the applicability of any Federal
or state securities laws; and
(e) There is no litigation at law or in equity or any proceeding before any
governmental agency involving the Authority pending or, to the knowledge of the Authority,
threatened with respect to (1) the creation and existence of the Authority, (2) its authority to
execute and deliver the Authority Documents, (3) the validity or enforceability of the Authority
Documents or the Authority's performance of its obligations thereunder, (4) the title of any
officer of the Authority executing the Authority Documents, or (5) the ability of the Authority to
issue and sell its Refunding Bond and undertake the Project.
Section 2.2. Representations by City.
The City makes the following representations:
(a) The City is a municipal corporation and political subdivision of the
Commonwealth of Virginia;
(b) The City has full power and authority to enter into the City Documents and to
perform the transactions contemplated to be performed by the City under the City Documents
and the Bond Purchase Agreement and to carry out its obligations thereunder and by proper
action has duly authorized, executed and delivered such City Documents;
In
(c) The City is not in default in the payment of the principal of or interest on any of
its indebtedness for borrowed money and is not in default under any instrument under or subject
to which any indebtedness for borrowed money has been incurred, and no event has occurred and
is continuing that with the lapse of time or the giving of notice, or both, would constitute or
result in an event of default thereunder;
(d) The execution and delivery of the City Documents, the consummation of the
transactions contemplated to be performed by the City therein and in the Bond Purchase
Agreement and compliance by the City with the provisions thereof applicable to the City will not
result in a breach or violation of any of the terms or provisions of, or constitute a default under,
any indenture, mortgage or other agreement or instrument to which the City is a party or by
which it is bound or any existing law, administrative regulation, court order or consent decree to
which it is subject.
(e) The City is not in default under or in violation of, and the execution, delivery and
compliance by the City with the terms and conditions of the City Documents will not conflict
with or constitute or result in a default under or violation of, (1) any existing law, rule or
regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease,
contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind
to which the City or any of its assets is subject, and no event has occurred and is continuing that
with the lapse of time or the giving of notice, or both, would constitute or result in such a default
or violation;
(f) No further approval, consent or withholding of objection on the part of any
regulatory body or any official, Federal, state or local, is required in connection with the
execution or delivery of or compliance by the City with the terms and conditions of the City
Documents; and
(g) There is no litigation at law or in equity or any proceeding before any
governmental agency involving the City pending or, to the knowledge of the City, threatened
with respect to (1) the authority of the City to execute and deliver the City Documents, (2) the
validity or enforceability of such City Documents or the City's performance of its obligations
thereunder, or (3) the title of any officer of the City executing such City Documents.
(h) The Project has been determined to be important to the City's economic
development and future revenue growth, and the Council anticipates that the Project will
continue to be important to the City's economic development and future revenue growth during
the term of this Refunding Support Agreement.
ARTICLE III
AGREEMENT TO ISSUE REFUNDING BOND
Section 3.1. Agreement to Issue Refunding Bond.
The Authority hereby agrees, simultaneously with the execution and delivery hereof, to
proceed with the issuance and sale of the Refunding Bond, bearing interest, maturing and having
the other terms and provisions set forth in the Bond Purchase Agreement. The proceeds of the
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Refunding Bond will be used to finance the costs of the Project. The City agrees to make all
Basic Payments and Additional Payments when and as the same shall become due and payable.
Section 3.2. Limitation of Authority's Liability.
Anything contained in this Refunding Support Agreement to the contrary
notwithstanding, any obligation the Authority may incur in connection with the issuance of the
Refunding Bond for the payment of money shall not be deemed to constitute a debt or general
obligation of the Authority within any constitutional or statutory limitations, but shall be a
limited obligation payable solely from the revenues and receipts derived by it pursuant to this
Refunding Support Agreement, the Roanoke County Refunding Support Agreement, the
Roanoke County Lease Agreement and the City of Salem Refunding Support Agreement.
ARTICLE IV
PAYMENT OBLIGATIONS
Section 4.1. Amounts Payable.
(a) (1) The City shall pay to the Authority the Basic Payments. The Basic Payments
to the Authority shall be payable without notice or demand as directed by the Authority in semi-
annual installments on or before the 15th day of January and July, beginning on January 15,
2021, each year until the date that no amount is due under this Refunding Support Agreement.
On written request of the Bank, the City shall pay such Basic Payments to the Bank, as assignee
of the Authority, without notice or demand at the designated office of the Bank in semi - annual
installments on or before the 15th day of January and July, beginning on January 15, 2021, each
year until the date that no amount is due under this Refunding Support Agreement.
(2) The Authority will determine, as part of its budget process, by March 15
of each year the Basic Payment to be requested from, and paid by, the City for the immediately
succeeding Fiscal Year, based on the City of Roanoke Portion of Support as applied to expected
debt service on the Refunding Bond.
(b) The City agrees to make Additional Payments to pay (1) any prepayment or
redemption of the Refunding Bond allocated to the City of Roanoke Portion of Support and (2)
all other amounts which the City agrees to pay under the terms of this Refunding Support
Agreement, but not including Basic Payments.
Section 4.2. Payments Assigned.
The Authority and the City acknowledge and agree that this Refunding Support
Agreement and all Basic Payments and Additional Payments (except the rights of the Authority
to receive payment of its expenses, to receive notices and to give consents) are assigned by the
Assignment Agreement to the Bank. The City consents to such assignment and agrees to pay to
the Bank all amounts payable by the City that are so assigned.
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Section 4.3. Obligation Unconditional.
The obligations of the City to make all Basic Payments and Additional Payments and to
observe all other covenants, conditions and agreements hereunder shall be absolute and
unconditional, irrespective of any right of setoff, recoupment or counterclaim the City may
otherwise have against the Authority, and the City shall not suspend or discontinue any such
Basic Payment or Additional Payment or fail to observe and perform any of its covenants,
conditions and agreements hereunder.
Section 4.4. General Obligation.
The City's obligations to pay the cost of performing its obligations under this Refunding
Support Agreement, including its obligations to pay all Basic Payments and Additional
Payments, shall be a general obligation of the City to which the full faith and credit of the City
are irrevocably pledged and constitute obligations of a locality for the payment of money and for
the payment of which the locality is required to levy ad valorem taxes as set forth in Section
15.2 -2602 of the Public Finance Act, and the Bank is the holder thereof in accordance with the
Assignment Agreement. The Council is authorized to and shall 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 payments
under this Refunding Support Agreement to the extent other funds of the City are not lawfully
available and appropriated for such purpose.
The City Manager or other officer charged with the responsibility for preparing the City's
Annual Budget shall include in the budget for each Fiscal Year as a single appropriation the
amount of all Basic Payments and estimated Additional Payments coming due during such Fiscal
Year. Throughout the term of this Refunding Support Agreement, the City Manager or other
officer charged with the responsibility for preparing the City's Annual Budget shall deliver to the
Bank and the Authority within 30 days after the adoption of the Annual Budget for each Fiscal
Year, but not later than the beginning of each Fiscal Year, a certificate stating whether an amount
equal to the Basic Payments and Additional Payments which will come due during such Fiscal
Year has been appropriated by the Council in such budget. If any adopted Annual Budget does
not include an appropriation of funds sufficient to pay both Basic Payments and estimated
Additional Payments coming due for the relevant Fiscal Year, the Council shall take a roll call
vote immediately after adoption of such Annual Budget acknowledging the impact of its failure
to appropriate such funds. If, by the beginning of the Fiscal Year, the Council has not
appropriated funds for the payment of both Basic Payments and estimated Additional Payments
coming due for the then current Fiscal Year, the City Manager or other officer charged with the
responsibility for preparing the City's Annual Budget shall give written notice to the Council of
the consequences of such failure to appropriate, and request the Council to consider a
supplemental appropriation for such purposes.
If at any time the Basic Payments as determined pursuant to Section 4.1(a)(2) are
insufficient to make forty four and two tenths percent (44.2 %) of the payments of principal and
interest due on the Refunding Bond in a timely manner, the Authority (or the Bank as assignee of
the Authority) shall notify the City Manager (or other officer charged with the responsibility for
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preparing the City's Annual Budget) of the amount of such insufficiency, and the City Manager
shall submit to the Council at its next regularly scheduled meeting or as promptly as practicable,
but in any event within 45 days, a request for a supplemental appropriation in the amount
necessary to cover such insufficiency.
ARTICLE V
PREPAYMENT AND REDEMPTION
Section 5.1. Prepayment and Redemption.
The City shall have the option to prepay any Basic Payments at the times and in the
amounts as necessary to enable the Authority to exercise its option to cause the Refunding Bond
to be redeemed in part as set forth in such Refunding Bond. Such prepayments of Basic
Payments shall be made at the times and in the amounts as necessary to accomplish the optional
redemption in part of the Refunding Bond as set forth in such Refunding Bond. Such
redemption shall be made without penalty.
The City shall direct the Authority to send to the Bank notice of any partial redemption of
the Refunding Bond at least 10 days prior to the redemption date, such notice to the Bank to
specify the redemption date and the principal amount of the Refunding Bond to be redeemed.
ARTICLE VI
PARTICULAR COVENANTS
Section 6.1. Limitation of Liability of Directors, etc. of Authority and City.
No covenant, agreement or obligation contained in this Refunding Support Agreement
shall be deemed to be a covenant, agreement or obligation of any past, present or future member,
officer, director, employee or agent of the Authority in his or her individual capacity, and neither
the members of the Authority nor any officer thereof executing this Refunding Support
Agreement shall be liable personally on this Refunding Support Agreement or be subject to any
personal liability or accountability by reason of the execution and delivery hereof. No member,
director, officer, employee or agent of the Authority shall incur any personal liability with
respect to any other action taken by him or her pursuant to this Refunding Support Agreement or
the Act or any of the transactions contemplated hereby provided that he or she acts in good faith.
No covenant, agreement or obligation contained herein shall be deemed to be a covenant,
agreement or obligation of any past, present or future Council Member or officer, employee or
agent of the City or the Council in his or her individual capacity, and neither the members of the
Council nor any officer of the City or the Council executing this Refunding Support Agreement
shall be liable personally on this Refunding Support Agreement or be subject to any personal
liability or accountability by reason of the execution and delivery hereof. No Council Member
or officer, employee or agent of the City or the Council shall incur any personal liability with
respect to any action taken by him or her pursuant to this Refunding Support Agreement or any
of the transactions contemplated hereby, provided that he or she acts in good faith.
Section 6.2. Use of Proceeds.
The Authority shall use the proceeds of the Refunding Bond to refund the 2016 Bond,
finance the Project and pay certain costs of issuance of the Refunding Bond.
Section 6.3. City Covenants. The City agrees to provide to the Bank (a) prompt
notice of any litigation with respect to the City that could materially and adversely affect the
ability of the City to perform its obligations under this Refunding Support Agreement, (b) copies
of the City's financial statements within 180 days of the end of each of the City's Fiscal Years
and (c) prompt notice of any defaults with respect to any general obligation indebtedness or
moral obligations of the City.
ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
Section 7.1. Events of Default.
(a) Each of the following events shall be an Event of Default:
(1) Default in the due and punctual payment of any Basic Payment when the
same becomes due and payable and continuation of such failure for a period of five days; or
(2) Failure of the City to pay when due any other payment due under this
Refunding Support Agreement or to observe and perform any covenant, condition or agreement
on its part to be observed or performed, which failure shall continue for a period of 30 days after
notice is given, or in the case of any such default that cannot with due diligence be cured within
such 30 day period but can be cured within the succeeding 60 days, failure of the City to proceed
promptly to cure the same and thereafter prosecute the curing of such default with due diligence.
(b) The provisions of the foregoing subparagraph (a)(2) are subject to the limitation
that if by reason of force majeure the City is unable in whole or in part to perform any of its
covenants, conditions or agreements hereunder, the City shall not be deemed in default during
the continuance of such inability. The term "force majeure" as used herein shall include without
limitation acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies;
orders of any kind of the government of the United States of America or the Commonwealth of
Virginia or any political subdivision thereof or any of their departments, agencies or officials, or
any civil or military authority; insurrections; riots; epidemics; swarms of boll weevils and
plagues of locusts; landslides; earthquakes; fires; hurricanes; tornadoes; storms; floods;
washouts; droughts; restraint of government and people; or civil disturbances. The City shall
remedy with all reasonable dispatch the cause or causes preventing the City from carrying out its
covenants, conditions and agreements, provided that the settlement of strikes, lockouts and other
industrial disturbances shall be entirely within the discretion of the City, and the City shall not be
required to make settlement of strikes, lockouts and other industrial disturbances by acceding to
the demands of any opposing party when such course is in the judgment of the City not in its best
interests.
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Section 7.2. Remedies.
Whenever any Event of Default shall have happened and is continuing, the Bank as
assignee of the Authority, may take whatever action at law, in equity or administratively as may
appear necessary or desirable to collect the Basic Payments and Additional Payments then due
and thereafter to become due, or to enforce performance and observance of any obligation,
agreement or covenant of the City under this Refunding Support Agreement. Any amounts
received by the Authority or the Bank pursuant to the foregoing provisions shall be applied first
to costs, then to any unpaid interest and then to repayment of principal, and upon payment in full
of all amounts due such excess shall be credited to the next Basic Payment to the extent such
Basic Payments have not been paid in full. This provision shall survive termination of this
Refunding Support Agreement.
Section 7.3. Reinstatement after Event of Default.
Notwithstanding the exercise by the Authority of any remedy granted by Section 7.2, if
all overdue Basic Payments, together with any interest thereon, and all Additional Payments
shall have been made, then the City's default under this Refunding Support Agreement shall be
waived without further action by the Authority. Upon such payment and waiver, this Refunding
Support Agreement shall be fully reinstated and all Basic Payments will be due and payable in
accordance with the previously determined schedule.
Section 7.4. No Remedy Exclusive.
No remedy conferred by this Refunding Support Agreement upon or reserved to the
Authority is intended to be exclusive of any other available remedy or remedies, but every such
remedy shall be cumulative and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any
right or power accruing upon any default shall impair any such right or power or shall be
construed to be a waiver thereof or acquiescence therein, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
Section 7.5. No Additional Waiver Implied by One Waiver.
Failure by the Authority at any time to require performance by the City of any provision
hereof shall in no way affect the Authority's right hereunder to enforce the same, nor shall any
waiver by the Authority of any breach of any provision hereof be held to be a waiver of any
succeeding breach of any such provision, or as a waiver of the provision itself.
Section 7.6. Attorneys' Fees and Other Expenses.
The City shall on demand pay to the Authority and the Bank the reasonable fees of
attorneys and other reasonable expenses incurred by either of them in the collection of
appropriated, but unpaid, Basic Payments or Additional Payments, or the enforcement of any
other obligation of the City, or its agents, upon an Event of Default.
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ARTICLE VIII
INTENTIONALLY OMITTED
ARTICLE IX
ASSIGNMENT AGREEMENT; AMENDMENTS; ASSIGNMENT
Section 9.1. Assignment Agreement; Covenants.
(a) Contemporaneously with the execution of this Refunding Support Agreement, the
Authority has entered into the Assignment Agreement by which the Authority has assigned all of
its rights in and to this Refunding Support Agreement (except its rights to receive payment of its
expenses, to receive notices and to give consents) to the Bank for the benefit of the holders of the
Refunding Bond. The City (i) consents to such assignment, (ii) agrees to execute and deliver
such further acknowledgments, agreements and other instruments as may be reasonably
requested by the Authority or the Bank to effect such assignment, (iii) agrees to make all
payments due to the Authority under this Refunding Support Agreement directly to the Bank
(except the Authority's rights to receive payment of its expenses, to receive notices and to give
consents), and (iv) agrees to comply fully with the terms of such assignment so long as such
assignment is not inconsistent with the provisions hereof. All references in this Refunding
Support Agreement to the Authority shall include the Bank and their successors and assigns,
whether or not specific reference is otherwise made to the Bank, unless the context requires
otherwise. The City shall not be obligated to take any notice of any sale, assignment,
reassignment, pledge, mortgage, transfer or other disposition of any interest in this Refunding
Support Agreement by the Authority, unless such sale, assignment, reassignment, pledge,
mortgage, transfer or other disposition is undertaken in accordance with the Assignment
Agreement.
(b) The City covenants to take whatever action may be necessary for the Authority to
comply with the Authority's covenants under the Assignment Agreement.
(c) The City agrees, for the benefit of the holder of the Refunding Bond, to do and
perform all acts and things contemplated in the Assignment Agreement to be done or performed
by it.
Section 9.2. Amendments.
This Refunding Support Agreement shall not be supplemented, amended or modified by
the parties hereto prior to the payment of all amounts due on the Refunding Bond without the
consent of the Bank.
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ARTICLE X
MISCELLANEOUS
Section 10.1. Notices.
Unless otherwise provided herein, all demands, notices, approvals, consents, requests,
opinions and other communications hereunder shall be in writing and shall be deemed to have
been given when delivered in person or mailed by first class registered or certified mail, postage
prepaid, addressed (a) if to the City, at 364 Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia 24011 (Attention: City Manager) and (b) if to the Authority,
c/o Roanoke Valley — Allegheny Reg. Commission, 313 Luck Avenue SW, Roanoke, Virginia
24016 (Attention: Executive Director).
The City and the Authority may, by notice given hereunder, designate any further or
different addresses to which subsequent demands, notices, approvals, consents, requests,
opinions or other communications shall be sent or persons to whose attention the same shall be
directed.
Section 10.2. Severability.
If any provision of this Refunding Support Agreement shall be held invalid by any court
of competent jurisdiction, such holding shall not invalidate any other provision hereof.
Section 10.3. Limited Liability.
No officer, official, employee or agent of the City shall be personally liable on the City's
obligations hereunder. The Authority shall not be liable under any circumstances for the actions
of the City with respect to the City Documents. The Authority shall not be liable under any
circumstances for the actions of the Bank under the Authority Documents.
Section 10.4. Successors and Assigns.
This Refunding Support Agreement shall be binding upon, inure to the benefit of and be
enforceable by the parties and their respective successors and assigns. The Bank is intended to
be, and shall be, a third party beneficiary of this Refunding Support Agreement.
Section 10.5. Counterparts; Delivery.
This Refunding Support Agreement may be executed in any number of counterparts, each
of which shall be an original, all of which together shall constitute but one and the same
instrument. The Authority Documents shall not become effective until delivery at Closing, as
defined in the Bond Purchase Agreement.
Section 10.6. Governing Law.
This Refunding Support Agreement shall be governed by and construed in accordance
with the laws of the Commonwealth of Virginia.
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Section 10.7. Term of Agreement.
This Refunding Support Agreement shall commence on the date of issuance of the
Refunding Bond and will terminate on the date that no amount is due under this Refunding
Support Agreement. This Refunding Support Agreement has been dated as of June 15, 2020 for
purposes of identifying the instrument.
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IN WITNESS WHEREOF, the parties have caused this Refunding Support Agreement
to be duly executed by their duly authorized representatives.
WESTERN VIRGINIA REGIONAL INDUSTRIAL
FACILITY AUTHORITY
C
Chairman
CITY OF ROANOKE, VIRGINIA
APPROVED TO FORM:
Roanoke City Attorney
Robert S. Cowell, Jr., City Manager
[SIGNATURE PAGE TO CITY OF ROANOKE REFUNDING SUPPORT
AGREEMENT]
S -1
Seen and agreed to:
ATLANTIC UNION BANK
ME
Senior Vice President
[SIGNATURE PAGE TO CITY OF ROANOKE REFUNDING SUPPORT
AGREEMENT]
S -2
R -1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
n
WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
REVENUE REFUNDING BOND, SERIES 2020
INTEREST RATE MATURITY DATE DATED DATE ISSUE DATE
2.59% January 15, 2037 June _, 2020 June _, 2020
REGISTERED OWNER: Atlantic Union Bank
PRINCIPAL AMOUNT: $
The WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY,
a political subdivision of the Commonwealth of Virginia (the "Authority "), for value received,
promises to pay, solely from the revenues and other property pledged to the payment of this
Bond, to the Registered Owner of this Bond or legal representative, subject to prepayment or
redemption as hereinafter provided, the sum of
DOLLARS ($
in annual installments in the amounts set forth on Schedule A attached hereto payable on January
15, 2023 and annually on January 15 thereafter to and including January 15, 2037, together with
interest on the outstanding principal amounts from the date hereof until payment of the entire
outstanding principal amounts at the rate of two and 59/100 percent (2.59 %) per year, payable on
every January 15 and July 15 from and including January 15, 2021 through and including
January 15, 2037. If not sooner paid, the final installment shall be due and payable January 15,
2037. The payment of every installment shall be applied first to interest accrued to the payment
date and then to principal. This Bond will bear interest from the Dated Date stated above.
Interest on this Bond will be computed on the basis of a year of 360 days and twelve 30 -day
months. Principal of, premium, if any, and interest on this Bond are payable in lawful money of
the United States of America. If the date of any payment due hereunder is not a Business Day
(as hereinafter defined) then such payment shall be due on the next following Business Day.
Business Day shall mean any day other than (1) a Saturday or Sunday or (2) a day on which
commercial banks in the Commonwealth of Virginia are authorized to close.
This Bond is issued by the Authority pursuant to the Virginia Regional Industrial
Facilities Act, Chapter 64, Title 15.2, Code of Virginia of 1950, as amended, and a Bond
Purchase and Loan Agreement dated as of June 15, 2020 between the Authority and Atlantic
Union Bank (the "Bond Purchase and Loan Agreement ") for the purpose of providing funds
to finance and refinance (i) certain costs of the development of an industrial park, including the
acquisition of land located in Roanoke County described as five (5) parcels roughly bounded by
and in the vicinity of Interstate 81 and Wood Haven Road, which consists of approximately one
1
hundred six (106) acres, together with such other parcels of real property that may be acquired
by the Authority in connection with the Project (as defined in the Bond Purchase and Loan
Agreement) and related improvements and facilities, including necessary expenses incidental
thereto and (ii) certain costs of issuing this Bond. The refinancing described above shall be
accomplished by using proceeds of this Bond to prepay and redeem in full the Authority's
$10,000,000 Revenue Bond, Series 2016, issued on or about October 14, 2016 (the "2016
Bond ").
The payments on this Bond are expected to be made from certain payments to the
Authority from the City of Roanoke, Virginia (the "City of Roanoke "), the County of Roanoke,
Virginia ( "Roanoke County ") and the City of Salem, Virginia (the "City of Salem" and,
together with the City of Roanoke and Roanoke County, the "Participants ") as follows (i)
payments from the City of Roanoke to the Authority (the "City of Roanoke Support
Payments ") pursuant to a Refunding Support Agreement between the City of Roanoke and the
Authority (the "City of Roanoke Refunding Support Agreement "); (ii) payments from
Roanoke County to the Authority (the "Roanoke County Support Payments ") pursuant to a
Refunding Support Agreement between Roanoke County and the Authority (the "Roanoke
County Refunding Support Agreement "), such Roanoke County Support Payments being the
same as payments to be made by Roanoke County to the Authority under the Roanoke County
Lease Agreement (as defined in the Bond Purchase and Loan Agreement); and (iii) payments
from the City of Salem to the Authority (the "City of Salem Support Payments ") pursuant to a
Refunding Support Agreement between the City of Salem and the Authority (the "City of Salem
Refunding Support Agreement" and, together with the City of Roanoke Refunding
Support Agreement and the Roanoke County Refunding Support Agreement, the
"Refunding Support Agreements ").
This Bond and the interest hereon are limited obligations of the Authority and are payable
solely from the revenues and receipts derived by the Authority from the sources described
herein. Failure of any one Participant to make a payment, to appropriate funds or to fulfill any
obligation of such Participant under a Refunding Support Agreement or the Roanoke County
Lease Agreement, as applicable, shall not provide the holder of the Refunding Bond with any
right or remedy except as provided under the applicable Refunding Support Agreement or
Roanoke County Lease Agreement, and shall not affect the rights or obligations of any other
Participant. The owner of this Bond shall look solely to the Authority's interest in the Refunding
Support Agreements and the Roanoke County Lease Agreement for the satisfaction of any and
all remedies it may have against the Authority upon a default or nonpayment under one or more
of the Refunding Support Agreements or the Roanoke County Lease Agreement, as applicable.
The principal and interest on this Bond will not be deemed to constitute a general obligation debt
or a pledge of the faith and credit of the Commonwealth of Virginia or any of its political
subdivisions. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY OF ITS
POLITICAL SUBDIVISIONS, INCLUDING THE AUTHORITY, ARE OBLIGATED TO PAY
THE PRINCIPAL OF OR INTEREST ON THIS BOND OR OTHER COSTS INCIDENT TO
IT EXCEPT FROM THE REVENUES, MONEY OR PROPERTY OF THE AUTHORITY
PLEDGED FOR SUCH PURPOSE, AND NEITHER THE FAITH AND CREDIT NOR THE
TAXING POWER OF THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS
POLITICAL SUBDIVISIONS, INCLUDING THE AUTHORITY, IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS BOND OR OTHER COSTS
2
INCIDENT TO IT, EXCEPT AS PROVIDED IN THE CITY OF ROANOKE REFUNDING
SUPPORT AGREEMENT AND THE CITY OF SALEM REFUNDING SUPPORT
AGREEMENT.
THE OBLIGATION OF ROANOKE COUNTY TO MAKE THE ROANOKE COUNTY
SUPPORT PAYMENTS CONSTITUTES A CURRENT EXPENSE OF ROANOKE COUNTY,
SUBJECT TO ANNUAL APPROPRIATION BY ROANOKE COUNTY, BUT THE
AUTHORITY HAS NO OBLIGATION OR LIABILITY TO THE REGISTERED OWNER
HEREOF WITH RESPECT TO PAYMENTS TO BE MADE BY ROANOKE COUNTY
UNDER THE ROANOKE COUNTY REFUNDING SUPPORT AGREEMENT AND THE
ROANOKE COUNTY LEASE AGREEMENT OR WITH RESPECT TO THE
PERFORMANCE BY ROANOKE COUNTY OF ANY COVENANT CONTAINED
THEREIN. THE OBLIGATION OF THE CITY OF ROANOKE TO MAKE THE CITY OF
ROANOKE SUPPORT PAYMENTS CONSTITUTES A GENERAL OBLIGATION AND
DEBT OF THE CITY OF ROANOKE BUT THE AUTHORITY HAS NO OBLIGATION OR
LIABILITY TO THE REGISTERED OWNER HEREOF WITH RESPECT TO PAYMENTS
TO BE MADE BY THE CITY OF ROANOKE UNDER THE CITY OF ROANOKE
REFUNDING SUPPORT AGREEMENT OR WITH RESPECT TO THE PERFORMANCE BY
THE CITY OF ROANOKE OF ANY COVENANT CONTAINED THEREIN. THE
OBLIGATION OF THE CITY OF SALEM TO MAKE THE CITY OF SALEM SUPPORT
PAYMENTS CONSTITUTES A GENERAL OBLIGATION AND DEBT OF THE CITY OF
SALEM BUT THE AUTHORITY HAS NO OBLIGATION OR LIABILITY TO THE
REGISTERED OWNER HEREOF WITH RESPECT TO THE PERFORMANCE BY THE
CITY OF SALEM OF ANY COVENANT CONTAINED THEREIN. THE AUTHORITY HAS
NO TAXING POWER.
This Bond is subject to prepayment or redemption prior to maturity at the option of the
Authority at any time, without penalty, at the direction of one or more Participants, in whole or
in part, at a redemption price equal to 100% of the principal amount of Bond to be redeemed,
plus interest accrued to the redemption date. In the event of partial prepayment, the Authority
shall direct the Registered Owner of this Bond to either (a) apply the amount prepaid to principal
in the inverse order of maturity or (b) reamortize principal payments due after such prepayment
over the remainder of the term of this Bond.
All acts and conditions required to happen, exist or be performed precedent to and in
connection with the issuance of this Bond have happened, exist and have been performed.
[Remainder of This Page Intentionally Left Blank]
3
IN WITNESS WHEREOF, the Western Virginia Regional Industrial Facility
Authority has caused this Bond to be executed by the manual signature of its Chairman and
attested by the manual signature of its Secretary and this Bond to be dated ,
2020.
ATTEST:
I' ,
Secretary
WESTERN VIRGINIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY
LM
rd
Chairman
(Form of Assignment)
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE
(Please print or type Name and Address, including postal zip code of Transferee)
the within Bond and all rights under it, irrevocably constituting and appointing
Attorney to transfer
the Bond on the books kept for its registration, with full power of substitution.
Dated:
Signature Guaranteed
(NOTICE: Signature(s) must be
guaranteed by an Eligible Guarantor
Institution such as a Commercial Bank,
Trust Company, Securities
Broker /Dealer, Credit Union, or Savings
Association who is a member of a
medallion program approved by the
Securities Transfer Association, Inc.
Registered Owner
NOTICE: The signature above must correspond
with the name of the Registered Owner as it
appears on the front of this Bond.
(End of Form of Assignment)
5
SCHEDULE
CECELIA F. I ICCON', CIVIC
Citv Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk�ri roanokeva.goe
June 2, 2020
Jeffrey D. Stern, State Coordinator
Virginia Department of Emergency Management
10501 Trade Court
North Chesterfield, Virginia 23236
Dear Mr. Stern:
CECELIA T. NVEBB, ChIC
.Assistant Depute Citx Clerk
I am enclosing copy of Resolution No. 41738 - 060120 confirming the City Manager's
declaration of a local emergency; conferring emergency powers in the City Manager as
Director of Emergency Management; authorizing the City Manager to make application
for Federal and State public assistance to deal with such emergency; designating a
fiscal agent and an agent for submission of financial information for the City; and calling
upon the Federal and State governments for assistance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 1, 2020, and is in full force and effect upon its
passage.
Sincerely,
C� �J. C/6e1
Cecelia F. McCoy, CMC
City Clerk
c: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Amelia Merchant, Director of Finance
Sherman S. Stovall, Assistant City Manager for Operations
Trevor Shannon, Battalion Chief of Emergency Management
WP i
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of June, 2020.
No. 41738 - 060120.
A RESOLUTION confirming the City Manager's declaration of a local emergency;
conferring emergency powers in the City Manager as Director of Emergency Management;
authorizing the City Manager to make application for Federal and State public assistance to deal
with such emergency; designating a fiscal agent and an agent for submission of financial
information for the City; and calling upon the Federal and State governments for assistance.
WHEREAS, the Council of the City of Roanoke finds that the City has sustained a
disaster due to local flooding which began Monday, May 18, 2020, and will result in substantial
property damage and significant costs to the City in dealing with the effects of this disaster;
WHEREAS, pursuant to the provisions of §44- 146.21, Code of Virginia, on May 21,
2020, the City Manager as Director of Emergency Management, declared a local emergency
commencing on May 21, 2020, which Council must confirm at its next regularly scheduled
meeting, or at a special meeting within fourteen days of such declaration;
WHEREAS, a condition of extreme peril to life and property existed which necessitated
the declaration of the existence of a local emergency; and
WHEREAS, the conditions that warranted the declaration of local emergency ended as of
5:00 p.m. on Friday, May 22, 2020.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Council confirms that a local emergency existed throughout the City commencing
May 21, 2020.
2. The Council hereby ratifies and confirms that, during the period of the emergency
confirmed by this resolution, the City Manager, as Director of Emergency Management,
possessed and held those powers, functions and duties prescribed by the Code of Virginia (1950),
as amended, the City of Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as
amended, and the Emergency Operations Plan approved by this Council, in order to further the
public health, safety and welfare, address the needs of the people of the City of Roanoke, and
mitigate the effects of such emergency.
3. The City Manager is hereby authorized for and on behalf of the City to execute
applications for Federal and State public assistance as is necessary and proper to meet this
emergency and to provide to Federal and State agencies for all matters relating to Federal and
State disaster assistance the assurances and agreements required by the Federal Emergency
Management Agency and other agencies of the State and Federal government.
4. Amelia Merchant, the City's Director of Finance, is hereby designated as the
City's fiscal agent to receive, deposit and account for Federal and State funds made available to
the City to meet the emergency declared by this resolution, and is hereby designated as the City
agent for executing and submitting appropriate documentation and information regarding Federal
and State reimbursement for this emergency.
5. The Council calls upon the Federal and State governments to take steps to afford
to the City of Roanoke and to the persons and business concerns and other organizations and
agencies suffering injury and damage from this disaster such public aid and assistance as is
necessary and proper to meet this emergency.
6. Pursuant to Section 44- 146.21(a), Code of Virginia (1950), as amended, in the
judgment of City Council all emergency actions have been taken and, therefore, City Council
ends the declared local emergency effective Friday, May 22, 2020, at 5:00 p.m.
7. The City Clerk is directed to forward an attested copy of this resolution to the
State Coordinator of Emergency Management.
ATTEST:
City Clerk.
G�
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 1, 2020
Subject: Ratification of Declaration of a Local Emergency
Background:
On May 21, 2020, the City Manager, as Director of Emergency Management,
declared a local emergency for the City of Roanoke due to local flooding caused
by heavy rain that began on May 18, 2020. The weather event impacted the City
and its citizens with property damage, disruption of services, and the
disruption of travel and transportation, within and around the City. The City
Manager terminated this state of local emergency as of 5:00 p.m., May 22,
2020.
Considerations:
Council is required to ratify and confirm the declaration of the local emergency
made on May 21, 2020 by the City Manager as Director of Emergency
Management.
Recommendation:
Adopt the attached resolution confirming that a local emergency existed
throughout the City commencing May 21, 2020 and ratifying and confirming
the declaration of the local emergency made on May 21, 2020 by the City
Manager as Director of Emergency Management.
- - - --- --------------- - --
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Amelia C. Merchant, Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
Trevor Shannon, Battalion Chief of Emergency Management
V�(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of June, 2020.
No. 41739 - 060120.
AN ORDINANCE to appropriate funding from the Electronic Summons
System Court Fees revenues as enacted by the General Assembly in section
17.1 -279.1 of the Code of Virginia (1950), amending and reordaining certain sections of
the 2019 -2020 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 2019 -2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Other Equipment
Revenues
Electronic Summons System Court Fees
Electronic Summons System Interest
35- 640 - 3415 -9015 $ 72,798
35- 640 - 3415 -3415 65,840
35- 640 - 3415 -3416 6,958
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: dune 1, 2020
Subject: Appropriation of Electronic Summons Funds
Background:
The 2014 session of the General Assembly enacted section 1 7.1 -279.1 , Code of
Virginia (1950), as amended, to authorize localities to collect an assessment on
all traffic and criminal offenses to support the implementation and maintenance
costs of electronic summons systems. The Council of the City of Roanoke
adopted a $5.00 electronic summons assessment on traffic and criminal
offenses that became effective on September 1, 2014.
The assessment has been collected by the Clerk of the Court in which the action
was filed, remitted to the Treasurer of the City of Roanoke and held by the
Treasurer subject to appropriation by Council. As of May 1, 2020, the sum of
approximately $72,798 has been collected since the last funding appropriation
in December of 2018. The appropriation of these additional funds will be used
solely to purchase software, hardware, and associated equipment for the
implementation and maintenance of the electronic summons system.
Electronic summons systems have the potential of improving efficiency by
significantly reducing the time that officers remain on traffic stops, reducing
the time that police support technicians spend entering data into the police
records management system, and reducing the time the Clerk of the Court staff
spend entering data from summons into the court information system.
Additionally, electronic summons systems can reduce errors and provide an
environmentally friendly alternative to paper creation and retention.
The Roanoke Police Department is requesting the appropriation of $72,798 to
be used to implement and maintain an electronic summons system.
Recommended Action:
Adopt the accompanying budget ordinance to appropriate funding in the
amount of $72,798 for Other Equipment from the Electronic Summons System
Court Fees revenue account (35-640-3415-3415) and Electronic Summons
System interest account (35-640-3415-3416) into a corresponding account in
the Grant Fund.
(:� ---------------------------
Robert S. Cowell, Jr.
City Manager
Distribution: The Honorable Evelyn Powers, Roanoke City Treasurer
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Sam Roman, Chief of Police
2
CECELIA F. NICCON', CHIC
CitN Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk�a roanokeva.gov
June 2, 2020
Deborah C. Jacks
Clerk to the Board
Roanoke County Board of Supervisors
5204 Bernard Drive
Roanoke, Virginia 24018
Cathy Bowman
Administrative Office Supervisor
Roanoke Regional Airport Commission
5202 Aviation Drive, N. W.
Roanoke, Virginia 24012
Dear Sir or Madam:
CECELIA T. WEBB, CN1C
Assistant Depute Cite Clerk
James E. Taliaerro, If
Clerk of City Council
City of Salem
Salem, Virginia 24153
I am enclosing an attested copy of Resolution No. 41740 - 060120 ratifying and agreeing
that the City of Salem, Virginia join the Roanoke Regional Airport Commission (the
"Commission "), authorizing the Mayor to execute an Amended and Restated Contract
among the City, Roanoke County, the City of Salem, Virginia, and the Commission
hereinafter described; and authorizing such other actions to implement, effectuate, and
administer the Amended and Restated Contract.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 1, 2020, and is in full force and effect upon its
passage.
Sincerely,
0"'G, ,-� �-Aue&v_
Cecelia F. McCoy, CMC
City Clerk
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of June, 2020.
No. 41740 - 060120.
A RESOLUTION ratifying and agreeing that the City of Salem, Virginia join the Roanoke
Regional Airport Commission (the "Commission "), authorizing the Mayor to execute an Amended
and Restated Contract among the City, Roanoke County, the City of Salem, Virginia, and the
Commission hereinafter described; and authorizing such other actions to implement, effectuate,
and administer the Amended and Restated Contract.
WHEREAS, the 1986 Session of the General Assembly enacted the Roanoke Regional
Airport Commission Act, Chapter 140 of the 1986 Acts of Assembly;
WHEREAS, such act has been amended two times, once by Chapter 385 of the 1996 Acts
of Assembly and most recently by Chapter 279 of the 2005 Acts of Assembly (and, as amended,
hereinafter referred to as the "Act ");
WHEREAS, the City of Roanoke and Roanoke County entered into a contract with the
Commission dated January 28, 1987, (the "Original Contract ") pursuant to which the parties
provided that participating political subdivisions would make payments to the Commission and
the participating political subdivisions agreed and that the both the City of Roanoke and Roanoke
County on entering into such service contract with the Commission were empowered under §26
of the Act to do everything necessary or proper to carry out and perform such contracts;
WHEREAS, City of Roanoke, Roanoke County and the Commission have operated under
the Original Contract to provide the airport, on a continuous basis through the present date;
WHEREAS, no participating political subdivision has paid or been requested to make any
payment to the Commission since 1996;
WHEREAS, pursuant to the Act the governing bodies of the City of Roanoke and Roanoke
County by resolutions declared that there was a need for an airport commission to be created for
the purpose of establishing or operating an airport, or landing field, for such participating political
subdivisions and by the Original Contract they united in its formation, and as a result an Airport
Commission known as the Roanoke Regional Airport Commission thereupon came into existence
for the City of Roanoke and Roanoke County, and such Commission has continually exercised its
powers and functions as prescribed in the Act;
WHEREAS, this Council has been informed by the City of Salem, Virginia, that it is now
desirous of joining the Commission as a participating political subdivision, agreeing to its financial
responsibility and appointing one Commissioner;
WHEREAS, pursuant to Sections 4 and 5 of the Act, the City of Roanoke and Roanoke
County have agreed upon the form of an amended and restated contract (the "Amended and
Restated Contract "), a copy of which is attached to the City Attorney Letter dated June 1, 2020,
among themselves, the Commission, and the City of Salem, Virginia, for the purpose of admitting
the City of Salem as a participating political subdivision of the Commission and setting forth the
financial responsibility to be made by each participating political subdivision to the Commission
and other terms and conditions of their participation; and
WHEREAS, on March 2, 2020, City Council adopted Resolution No. 41683 - 030220
agreeing that the City of Salem, Virginia join the Commission, and authorizing the Mayor to
execute an Amended and Restated Contract dated as of January 1, 2020 ( "Original Amended
Contract ") and since March 2, 2020, technical revisions have been made to the Original Amended
Contract to update the effective date to July 1, 2020, and update the signature page.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
I . The City of Roanoke, Virginia, does hereby ratify and agree to the City of Salem,
Virginia, becoming a participating political subdivision of the Commission and further does
approve of that Amended and Restated Contract among the City of Roanoke, Roanoke County,
the City of Salem, Virginia, and the Roanoke Regional Airport Commission dated as of July 1,
2020, the form of which and the purpose of which are to admit the City of Salem, Virginia, as a
participating political subdivision of the Roanoke Regional Airport Commission and to set forth
the financial responsibilities to be made by each participating political subdivision to the
Commission and other terms and conditions. The form of the Amended and Restated Contract
dated as of July 1, 2020, is substantially similar to the contract attached to the City Attorney Letter
dated June 1, 2020, and shall be subject to approval as to form by the City Attorney.
2. The Act declaring its intention that the governing body of the City of Roanoke shall
always appoint a majority of the Commissioners and with the City of Salem, Virginia, joining the
Commission and the appointment of one Commissioner, the total Commissioners will be seven (7)
and in order to maintain its majority, the City of Roanoke, Virginia, is granted under the Act and
the Amended and Restated Contract the right to appoint four (4) Commissioners.
3. The Mayor is hereby authorized and directed to sign the Amended and Restated
Contract in substantially the form of the Amended and Restated Contract dated as of July 1, 2020,
attached to the City Attorney Letter dated June 1, 2020, with such revisions as he in his discretion
deem in the best interests of the City, subject to approval as to form by the City Attorney. The
City Clerk is hereby authorized to attest to the execution of the Amended and Restated Contract
dated as of July 1, 2020, by the Mayor.
4. The proper officials of the City, including the Mayor and the City Manager, are
severally authorized to execute such other documents and take such other actions to implement,
effectuate, and administer the Amended and Restated Contract dated as of July 1, 2020.
The Roanoke City Clerk is directed to forward an attested copy of this resolution
to the Clerk to the Roanoke County Board of Supervisors, the Clerk of the City Council of the City
of Salem, Virginia, and to the Roanoke Regional Airport Commission for filing among the
permanent records of such participating political subdivisions.
ATTEST:
City Clerk.
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
EMAIL: cityatty @roanokeva.gov
June 1, 2020
The Honorable Sherman P. Lea, Sr., Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Lea and Members of City Council:
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
Background:
On March 2, 2020, City Council adopted Resolution No. 41683 - 030220 agreeing that the City of Salem,
Virginia join the Roanoke Regional Airport Commission (the "Commission "), and authorizing the Mayor to
execute an Amended and Restated Contract among the City, Roanoke County, the City of Salem, Virginia,
and the Commission ( "Contract "). Since March 2, 2020, technical revisions have been made to the Contract to
update the effective date to July 1, 2020, and update the signature page. The City of Salem approved the
joinder and the Contract on May 26, 2020.
Considerations:
The General Assembly, by Section 26 of the Roanoke Regional Airport Commission Act (the "Act "), declared
that the Commission may enter into contracts with political subdivisions, which contract may provide that the
political subdivisions will make payments to the Commission based on services rendered by the Commission
to the residents of such political subdivision determined in such reasonable manner as the Commission and the
political subdivision may agree, and the General Assembly further declared by Section 26 of the Act that each
political subdivision entering into such service contract with the Commission may do everything necessary or
proper to carry out and perform such contract and may provide for the payment or discharge of any of any
obligation there under by the same means and in the same manner as any other of its obligations.
A Roanoke Regional Airport Commission Contract between the City of Roanoke, Virginia, Roanoke County,
Virginia and the Roanoke Regional Airport Commission, was entered into on January 28, 1987 ( "Contract ")
establishing, pursuant to the 1986 Acts of Assembly, Chapter 40, the Roanoke Regional Airport Commission
providing for its functions, authorities, and duties. Amendment No. 1 to the Contract was entered into on
December 6, 1996, amending Section 15(b) of the Contract to reduce the number of passenger surveys
required under the Contract to be conducted from six to two surveys, amending Section 17 to change the date
for annual submittal of the Commission's proposed operating and capital budgets from prior to February 15 to
prior to March 16 of each year. Amendment No. 2 to the Contract was entered into on July 8, 2005, to revise
certain provisions related to Fire Station No. 10 after purchase of the station by the Commission. Amendment
No. 3 to the Contract was entered into on March 24, 2010, revoking Sections 5 and 21 of the Contract
numbered and titled "Section 5 Fire Station No.10" and Subsection(b) of Section 21 "Personnel regarding
mutual aid services and workers' compensation for each locality ".
Pursuant to the Act, the governing body of the City of Roanoke shall always appoint a majority of the
Commissioners, whenever an additional political subdivision shall join the Commission, such governing body
shall be entitled to appoint one additional Commissioner for a four -year term.
The City of Salem shall appoint one Commissioner for a four -year term and the City of Roanoke shall appoint
one additional Commissioner for a four -year term, to bring the total number of Commissioners appointed by
the City of Roanoke to four.
Recommendation:
Ratify the approval of the inclusion of the City of Salem, Virginia to the Roanoke Regional Airport
Commission. Ratify the approval and authorization of the execution by the Mayor, and attested to by the City
Clerk, of an Amended and Restated Contract among the Commission, the City of Roanoke, Roanoke County,
and City of Salem dated as of July 1, 2020 to add City of Salem, Virginia, as an additional jurisdiction, setting
forth their obligations to the Commission, substantially similar to the Amended and Restated Contract
attached to this Letter. Authorize the appropriate public officials to take any actions and execute any
documents, approved as to form by the City Attorney, necessary to accomplish such matters.
Sincerely,
r
Daniel J. al gl
City Attorney
DJC /lsc
c: Robert S. Cowell, City Manager
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman M. Stovall, Assistant City Manager
for Operations
Amelia C. Merchant, Director of Finance
Troy D. Harmon, City Auditor
Cecelia F. McCoy, City Clerk
THIS AMENDED AND RESTATED CONTRACT ( "Contract ") made and entered into as
of this the 1 st day of July, 2020, by and among the CITY OF ROANOKE, a municipal corporation
of the Commonwealth of Virginia, hereinafter referred to as "Roanoke," ROANOKE COUNTY,
a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "Roanoke
County," the CITY OF SALEM, a municipal corporation of the Commonwealth of Virginia,
hereinafter referred to as "Salem" and the ROANOKE REGIONAL AIRPORT COMMISSION,
a body corporate, hereinafter referred to as the "Commission;"
WITNESSETH:
WHEREAS, the Virginia General Assembly has enacted the Roanoke Regional Airport
Commission Act, Chapter 140 of the 1986 Acts of Assembly, creating the Commission and
providing for its functions, authorities and duties; and,
WHEREAS, such act has been amended two (2) times, once by Chapter 385 of the 1996
Acts of Assembly, and most recently by Chapter 279 of the 2005 Acts of Assembly (and, as
amended, hereinafter referred to as the "Act "); and,
WHEREAS, adequate air service is essential to public conveniences and economic
development of the Roanoke Valley and to all of western Virginia; and,
WHEREAS, the General Assembly has declared by §2 of the Act that provision of modern
and efficient air transportation and related facilities are proper and essential governmental
functions and public purposes and matters of public necessity for which public moneys may be
spent; and,
WHEREAS, the Commission is a regional entity of government by or on behalf of which
debt may be contracted by or on behalf of Roanoke, Roanoke County and Salem; and,
WHEREAS, the General Assembly has by §26 of the Act declared that the Commission
may enter into service contracts with political subdivisions, which contracts may provide that each
political subdivision entering into such service contract with the Commission may do everything
necessary or proper to carry out and perform such contract and may provide for the payment or
discharge of any obligation thereunder by the same means and the same manner as any other of its
obligations; and,
1
WHEREAS, Roanoke and Roanoke County entered into a contract with the Commission
dated January 28, 1987 (the "Original Contract ").The Original Contract provided that Participating
Political Subdivisions would make payments to the Commission and the parties agreed that by
entering into such service contract with the Commission both Roanoke and Roanoke County were
empowered under §26 of the Act to do everything necessary or proper to carry out and perform
such contracts; and,
WHEREAS, by the Original Contract the parties implemented and effectuated the purposes
of the Act; and,
WHEREAS, Roanoke and Roanoke County have invited Salem to become a member of
the Commission; and,
WHEREAS, Salem desires to become a member of the Commission as permitted under the
Act.
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants,
agreements, obligations and undertakings herein contained, Roanoke, Roanoke County, Salem,
and the Commission hereby covenant and agree, each with the others, as follows:
§ 1. DEFINITIONS. As used in this Contract, the following words and terms shall have the
following meanings, unless a different meaning clearly appears from the context:
"Act" means the Roanoke Regional Airport Commission Act enacted by the 1986 Session
of the General Assembly, as amended by Chapter 385 of the 1996 Acts of Assembly, and again by
Chapter 279 of the 2005 Acts of the Assembly.
"Airport" means Roanoke - Blacksburg Regional Airport, Woodrum Field, including any
and all terminals, runways, hangars, loading facilities, repair shops, parking areas, facilities for the
preparation of in -flight meals, restaurants and accommodations for temporary or overnight use by
passengers and other facilities functionally related to the needs or convenience of passengers,
shipping companies and airlines.
"Board" means the Commissioners of the Roanoke Regional Airport Commission
appointed by the Participating Political Subdivisions. Pursuant to Section 5 of the Act, Roanoke
shall appoint four members, Roanoke County shall appoint two members, and Salem shall appoint
one member.
"Commission" means the Roanoke Regional Airport Commission created by the Act and
operated under the Original Contract.
2
"FAA" means the Federal Aviation Administration of the United States Department of
Transportation or any successor agency or department.
"Participating Political Subdivision" means Roanoke, Roanoke County, Salem or any other
political subdivision of the Commonwealth which may join the Commission pursuant to § §4 and
5 of the Act.
"Parties" or "Party" means the Participating Political Subdivisions and the Commission.
"Pro rata share" means that share which is in the same proportion as the population of the
respective Participating Political Subdivision bears to the total population of all of the Participating
Political Subdivisions, both as most recently determined by the Weldon Cooper Center for Public
Service Demographics Research Group of the University of Virginia or other comparable census
or population provider. Population of the Town of Vinton shall be included in the population of
Roanoke County.
"Year end operating deficit" means any actual year end deficit (excess of expenses over
revenues) in the operating fund of the Commission, acting pursuant to a budget approved by a
Participating Political Subdivision in accordance with § 17, provided, in calculating such deficit,
there shall be excluded (i) any amount for depreciation and (ii) any current payment from a
Participating Political Subdivision with respect to approved capital expenditures, but provided,
there shall be included in calculating such deficit all other expenditures and debt service payments
of the Commission for projects or items solely approvable by the Commission for projects or items
solely approvable by the Commission.
The Parties agree that sections of the Original Contract have been performed or are no
longer needed to be performed as follows and therefore the Parties amend and restate the Original
Contract as provided herein:
§2 PURPOSE OF COMMISSION. The parties agree that the purpose of the Commission
has been established as contemplated by §2 of the Original Contract.
§3 NEW CAPITAL FACILITIES. The Parties agree that the Commission has built the
new passenger terminal contemplated by §3 of the Original Contract.
§4 DEED. The Parties agree that Roanoke has conveyed to the Commission the airport
property as contemplated by §4 of the Original Contract.
§5 FIRE STATION NO. 10. The Parties agree that Roanoke has not retained Fire Station
No. 10, but has conveyed it to the Commission as contemplated by §5 of the Original Contract.
3
§6 SURVEY. The Parties agree that a survey with requisite plats and legal description has
been obtained and paid for as contemplated by §6 of the Original Contract.
§7 PERSONAL PROPERTY. The Parties agree that Roanoke has conveyed to the
Commission all personal property situated on the Airport as contemplated by §7 and set out in
Exhibit C to the Original Contract.
§8 LEASES. The Parties agree that Roanoke has assigned to the Commission all of its
right, title and interest as lessor or lessee in those leases as contemplated by §8 and set out in
Exhibit D to the Original Contract.
§9 FRANCHISES. The Parties agree that Roanoke has assigned to the Commission all of
its right, title and interest in and to certain franchises as contemplated by §9 and set out in Exhibit E
to the Original Contract.
§10 ASSUMPTION OF FAA AND STATE DEPARTMENT OF AVIATION GRANT
OBLIGATIONS. The Parties agree that the Commission has assumed and has kept and performed
all covenants, assurances, conditions, commitments and obligations of Roanoke in accordance
with the grant agreements as contemplated by § 10 and set out in Exhibit F to the Original Contract.
§ 11 CONTRACTS. The Parties agree that Roanoke has assigned to the Commission all of
its right, title and interest in existing contracts relating to airport operations or maintenance or the
provision of air service and the Commission has assumed, kept and performed each of such
contracts as contemplated by § 11 and set out in Exhibit G to the Original Contract.
§12 QUALIFICATION OF COMMISSION AS ELIGIBLE SPONSOR AND STATE
LICENSURE. The Parties agree that the Commission has taken such action and executed such
agreements and documents as were required by the FAA for the Commission to be recognized as
an eligible sponsor under the Airport and Airway Improvement Act as contemplated by § 12 of the
Original Contract.
§13 TUNNEL UNDER ROADWAY RUNWAY 24. The Parties agree that the
Commission has assumed responsibility for the maintenance of the tunnel structure and roadbed
of State Route 118 under Runway 24 at the airport as contemplated by § 13 of the Original Contract.
§14. VALUE OF ROANOKE'S CAPITAL CONTRIBUTION: CONTRIBUTION BY
ROANOKE COUNTY.
(a) In the event of dissolution of the Commission pursuant to §28 of the Act, the
conveyances and assignments made by Roanoke to the Commission are valued at $50,000,000 as
of the date of the conveyance.
0
(b) The parties agree that at the time of execution of this Contract, Roanoke County
paid the sum of $200,000 to the Commission.
(c) The parties agree that Salem contributed $1,000,000 to the Commission [on
November 5, 1987].
§ 15. ANNUAL PAYMENTS BY COUNTY FOR AIRPORT SERVICES. The parties
agree that this provision has been completed as contemplated by § 15 of the Original Contract.
§ 16. ANNUAL PAYMENTS BY ROANOKE, ROANOKE COUNTY AND SALEM.
(a) Each Participating Political Subdivision agrees to pay to the Commission its pro rata
share of (1) any year end operating deficit that had been approved by such Participating Political
Subdivision and appropriated within thirty (30) days of the conclusion of the fiscal year in which
such deficit was incurred and (2) the current payment with respect to approved capital
expenditures.
(b) The obligations of the Participating Political Subdivisions under paragraph (a) of this
section shall be subject to and dependent upon appropriations being made from time to time by the
governing body of such Participating Political Subdivision for such purpose. The city manager,
county administrator, finance director or other officer charged with the responsibility for preparing
Participating Political Subdivision's budget shall include in the proposed budget for each fiscal
year all amounts required to be paid under this Contract during such fiscal year, and such officer
shall use his best efforts to obtain the annual appropriation throughout the term of this Contract.
(c) Each Participating Political Subdivision reasonably believes that funds sufficient to
make all payments required by it to be made during the term of this Contract can be obtained from
existing revenue sources and intends to make annual appropriations during the term of this
Contract sufficient to make such payments. Each Participating Political Subdivision hereby
declares the Airport essential to the public convenience and welfare of its citizens. Each
Participating Political Subdivision anticipates that the need for the Airport will not change during
the term of this Contract.
§ 17. APPROVAL OF OPERATING BUDGETS AND CAPITAL EXPENDITURES.
(a) Prior to March 31 of each year, the Commission shall prepare and submit its
operating budget for the forthcoming fiscal year to the Board of Supervisors of Roanoke County
and the City Councils of Roanoke and Salem. If a governing body approves the operating budget,
it shall, prior to the fifteenth (15`h) day of the forthcoming fiscal year, appropriate in its general
fund budget for purposes of the Commission its pro rata share of any amount by which estimated
expenses exceed estimated revenue. From the funds appropriated for purposes of the Commission
5
by each governing body under this subsection, money shall be paid to the Commission within
fifteen (15) days after the submission by the Commission to each governing body of a drawdown
letter setting forth the pro rata share required from each governing body; the total amount
appropriated by a governing body.
(b) Prior to March 31 of each year, the Commission shall prepare and submit for
approval any proposed capital expenditure to the Board of Supervisors of Roanoke County and
City Councils of Roanoke and Salem. For purposes of this Contract, a capital expenditure shall
mean any single expenditure exceeding $100,000.00 intended to benefit five or more future
accounting periods.
(c) Any year end operating deficit of the Commission, including debt service and costs
or expenses associated with any capital expenditure previously approved by the Participating
Political Subdivisions, shall be allocated among the Participating Political Subdivisions on a "pro
rata share" basis as defined by § 1 of this Contract.
§18 LOSS OF VOTING RIGHTS. If any Participating Political Subdivision shall fail to
pay the Commission its pro rata share of any year end operating deficit pursuant to §16 of this
Contract or its pro rata share of any amount by which estimated expenses exceed estimated
revenues in the operating budget of the Commission pursuant to §17(a) of this Contract, such
political subdivision shall forthwith automatically be denied all voting rights in the Commission.
Denial of voting rights shall terminate only upon the payment to the Commission by the political
subdivision in arrearage of the total amount due to the Commission.
§19 POPULATION DATA. The Participating Political Subdivisions hereby agree that,
for purposes of determining "pro rata share" as defined by § 1 of this Contract, for the fiscal years
2020 -2021, the following estimates of population shall be used:
Participating Political Population Percent
Subdivision
Roanoke 100,033 46%
Roanoke County, including
Town of Vinton 93,672 43%
Salem 24,802 11%
Total 218,507 100%
§20. BONDED INDEBTEDNESS OF CITY. The Commission has paid to Roanoke the
bonded indebtedness that was outstanding on behalf of the airport as of June 30, 1986.
§21. MUTUAL AID SERVICES. The Parties will cooperate among themselves to
develop, revise from time to time, and agree as to the nature, level of service and extent of Mutual
Aid Services in the event of an Aircraft Emergency, as set out in Attachment A.
§22. NO PECUNIARY LIABILITY. In accordance with the second paragraph of
Section 4 of the Act, no pecuniary liability of any kind shall be imposed upon any participating
political subdivision because of any act, omission, agreement, contract, tort, malfeasance, or
nonfeasance by or on the part of the Commission or any Commissioner thereof, or its agents,
servants, or employees, except as otherwise provided in the Act with respect to contracts and
agreements between the Commission and any other political subdivision.
§23. PARTICIPATION BY OTHER POLITICAL SUBDIVISIONS. The parties hereto
recognize that the Airport serves the transportation needs of a broad area of western Virginia and
believe that participation of other political subdivisions will further the transportation interests of
the entire region. The parties, therefore, agree to use their best efforts to bring about participation
of other eligible political subdivisions in the activities of the Commission pursuant to § §4 and 26
of the Act.
§24 TERM. This Contract shall continue in full force and effect for a term of forty (40)
years from July 1, 2020.
§25 RENEWAL. Upon the expiration of the current term of forty (40) years, this
Contract shall be automatically renewed for successive terms of five (5) years unless notice of
termination be given by Roanoke, Roanoke County or Salem in writing to the other parties at least
twenty -four (24) months prior to the end of the current term of this Contract or twenty -four (24)
months prior to the end of any five -year term of renewal. Notice of termination by either Roanoke,
Roanoke County or Salem shall constitute termination of this Contract as to all parties upon the
effective date of such notice of termination.
§26 NOTICES. All notices required by any provision of this Contract shall be given in
writing, by registered or certified mail, addressed to the party to whom the notice is to be given at
the address hereinafter set forth or at such other address as may from time to time be given by the
parties. Notices shall be deemed to have been made at the time of depositing the letter in the United
States mail. Addresses of the parties are as follows:
ROANOKE: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
7
Roanoke, Virginia 24011
ROANOKE COUNTY: Roanoke County Administrator
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
SALEM: City Manager
114 N. Broad Street
Salem, Virginia 24153
COMMISSION Chairman, Roanoke Regional Airport Commission
c/o Airport Manager
Airport Manager's Office
Terminal Building
Roanoke Regional Airport, Woodrum Field
Roanoke, Virginia 24012
§27 ASSIGNMENT. Each party to this Contract covenants and agrees that it shall not
assign, sublet or transfer its interest in this Contract without the prior written consent of the other
Parties.
§28 SEVERABILITY. If any part of parts, section or subsection, sentence, clause or
phrase of this Contract is for any reason declared to be unconstitutional or invalid by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Contract.
§29 COMPLETENESS OF CONTRACT. This Contract and the Exhibits hereto, which
are incorporated by reference, constitute the entire contract among Roanoke, Roanoke County,
Salem and Commission and supersedes all prior negotiations, representations or agreements, either
oral or written, including the Original Contract.
§30 AMENDMENT. This Contract may be amended upon mutual agreement of the
parties by a written amendment or modification hereto authorized by resolutions of City Council
of Roanoke, Board of Supervisors of Roanoke County, City Council of Salem and Board of the
Commission.
§31 FAA APPROVAL. The Parties hereto covenant and agree, each with the other that
this Contract and its attachments shall be subject to the approval of the FAA.
8
§32 EXECUTION. This Contract shall be executed in quadruplicate, any copy of which
may be considered the original. This Contract, dated July 1, 2020, is entered into by the Parties to
be effective in all respects as of July 1, 2020.
[SIGNATURES ON FOLLOWING PAGES]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
7
[SIGNATURE PAGES TO AMENDED AND RESTATED CONTRACT]
ATTEST: CITY OF ROANOKE:
Cecelia F. McCoy,
City Clerk
(SEAL)
Approved as to Form:
Daniel J. Callaghan, Esq.,
City Attorney
Approved as to Form:
Roanoke County Attorney
ATTEST:
Deborah C. Jacks,
Clerk to the Board
(SEAL)
10
Sherman P. Lea, Mayor
Date:
COUNTY OF ROANOKE
C
David F. Radford, Chair
Board of Supervisors
Date:
By:
Daniel R. O'Donnell, County Administrator
Date:
ATTEST:
James Taliaferro,
City Clerk
(SEAL)
Approved as to Form:
Stephen Yost, Esq.,
City Attorney
ATTEST:
Cathy S. Bowman, Secretary
Approved as to Form:
Harwell M. Darby, Jr., General Counsel
Roanoke Regional Airport Commission
11
CITY OF SALEM:
Im
Byron R. Foley, Mayor
Date:
ROANOKE REGIONAL AIRPORT
COMMISSION
C
Date:
Dr. Randy Clements, Chair
SHERMAN P. LEA, SR.
Nlacor
Brenda S. Hale, President
Roanoke Branch of the
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S. W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
June 3, 2020
National Association for the Advancement of Colored People
P. O. Box 12362
Roanoke, Virginia 24025
Dear Ms. Hale:
COUNCIL MEMBERS
William D. Bestpitch
Joseph L. Cobb
Michelle L. Davis
Djuna L. Osborne
Anita J. Price
Patricia White -Boyd
I am attaching copy of Resolution No. 41741 - 060120, establishing a Task Force to review
the Star City Strong Response, Recovery, Resiliency Framework, evaluate alternatives and
make recommendations to City Council for use of the Star City Strong Recovery Fund to
support the recovery and resiliency of the community, that was adopted at the June 1, 2020
City Council meeting.
Roanoke City Council established this Task Force to make recommendation to Council
regarding the use of the Star City Strong Recovery Fund. This fund has been established to
provide financial resources to support the community's recovery from COVID -19 and
strengthen its long -term resiliency. The fund draws upon General Fund revenue, CDBG-
CV/ESG funds, and CARES Act funds, and will include at least $1 million.
The Task Force will be co- chaired by Mayor Sherman Lea and Vice -Mayor Joe Cobb; City
Manager Bob Cowell will serve as an ex- officio member. The Task Force will be composed
of a diverse group of stakeholders representing the following sectors: Citizens, health
care /bio- medical research, hospitality /entertainment, small businesses, manufacturing,
outdoor recreation, vulnerable population /non - profits, arts and culture, and education
interests.
Applications to be approved will be selected by the Mayor, Vice - Mayor, and members of
City Council; the City Manager; and key organizations as follows:
• The Mayor will select 4 applications for appointment (General Citizens).
• The Vice -Mayor will select 3 applications for appointment (General Citizens).
• City Council members will select 16 applications for appointment — two from each of
the sectors mentioned above, plus 1 application representing the Latino Community.
• The City Manager will select 8 applications for appointment — one from each of the
sectors referenced above.
• The Roanoke Chapter of the NAACP will select 1 application for appointment.
• The Roanoke Chapter of the SCLC will select 1 application for appointment.
Brenda S. Hale, President
June 3, 2020
Page 2
The Task Force will assemble on June 19, and it is anticipated their recommendations to
City Council will be delivered at the July 20 Council meeting.
City residents interested in serving on the Task Force are asked to complete and submit an
application, which can be found at www.roanokeva.gov /FormCenter /City- Council-
10 /Application- for - Appointment -50, no later than 4:00 p.m. on June 10. If you have any
questions about the application please contact the City Clerk's Office at (540) 853 -2541.
Appointments to the Task Force will be approved by City Council at their meeting on
June 15, 2020.
Sincerely,
c- 11-: w -
Cecelia F. McCoy, CIVIC
City Clerk
Enclosure
c: Mayor Sherman P. Lea, Sr. and Members of City Council
Robert S. Cowell, City Manager
SHERMAN P. LEA, SR.
flavor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S. W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
COUNCIL MEMBERS
Fax: (540) 853 -1145
William D. Bestpitch
Joseph L. Cobb
Michelle L. Davis
Djuna L. Osborne
June 3, 2020
Anita J. Price
Patricia White -Boyd
Dr. Perneller Wilson, President
Roanoke Chapter of the Southern Christian Leadership Council
3045 Willow Road
Roanoke, Virginia 24017
Dear Dr. Wilson:
I am attaching copy of Resolution No. 41741 - 060120, establishing a Task Force to review
the Star City Strong Response, Recovery, Resiliency Framework, evaluate alternatives and
make recommendations to City Council for use of the Star City Strong Recovery Fund to
support the recovery and resiliency of the community, that was adopted at the June 1, 2020
City Council meeting.
Roanoke City Council established this Task Force to make recommendation to Council
regarding the use of the Star City Strong Recovery Fund. This fund has been established to
provide financial resources to support the community's recovery from COVID -19 and
strengthen its long -term resiliency. The fund draws upon General Fund revenue, CDBG-
CV/ESG funds, and CARES Act funds, and will include at least $1 million.
The Task Force will be co- chaired by Mayor Sherman Lea and Vice -Mayor Joe Cobb; City
Manager Bob Cowell will serve as an ex- officio member. The Task Force will be composed
of a diverse group of stakeholders representing the following sectors: Citizens, health
care /bio- medical research, hospitality /entertainment, small businesses, manufacturing,
outdoor recreation, vulnerable population /non - profits, arts and culture, and education
interests.
Applications to be approved will be selected by the Mayor, Vice - Mayor, and members of
City Council; the City Manager; and key organizations as follows:
• The Mayor will select 4 applications for appointment (General Citizens).
• The Vice -Mayor will select 3 applications for appointment (General Citizens).
• City Council members will select 16 applications for appointment — two from each of
the sectors mentioned above, plus 1 application representing the Latino Community.
• The City Manager will select 8 applications for appointment — one from each of the
sectors referenced above.
• The Roanoke Chapter of the NAACP will select 1 application for appointment.
• The Roanoke Chapter of the SCLC will select 1 application for appointment.
Dr. Perneller Wilson, President
June 3, 2020
Page 2
The Task Force will assemble on June 19, and it is anticipated their recommendations to
City Council will be delivered at the July 20 Council meeting.
City residents interested in serving on the Task Force are asked to complete and submit an
application, which can be found at
, no later than 4:00 p.m. on June 10. If you have any
questions about the application please contact the City Clerk's Office at (540) 853 -2541.
Appointments to the Task Force will be approved by City Council at their meeting on
June 15, 2020.
Sincerely,
0" -I-. vpGcc�-
Cecelia F. McCoy, CIVIC
City Clerk
Enclosure
c: Mayor Sherman P. Lea, Sr. and Members of City Council
Robert S. Cowell, City Manager
SHERMAN P. LEA, SR.
NIacor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S. W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
June 3, 2020
Karen Pillis, Co -Chair
Youth Services Citizens Board
2719 Richelieu Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Pillis:
COUNCIL MEMBERS
William D. Bestpitch
Joseph L. Cobb
Michelle L. Davis
Djuna L. Osborne
Anita J. Price
Patricia White -Boyd
I am attaching copy of Resolution No. 41741 - 060120, establishing a Task Force to review
the Star City Strong Response, Recovery, Resiliency Framework, evaluate alternatives and
make recommendations to City Council for use of the Star City Strong Recovery Fund to
support the recovery and resiliency of the community, that was adopted at the June 1, 2020
City Council meeting.
Roanoke City Council established this Task Force to make recommendation to Council
regarding the use of the Star City Strong Recovery Fund. This fund has been established to
provide financial resources to support the community's recovery from COVID -19 and
strengthen its long -term resiliency. The fund draws upon General Fund revenue, CDBG-
CV/ESG funds, and CARES Act funds, and will include at least $1 million.
The Task Force will be co- chaired by Mayor Sherman Lea and Vice -Mayor Joe Cobb; City
Manager Bob Cowell will serve as an ex- officio member. The Task Force will be composed
of a diverse group of stakeholders representing the following sectors: Citizens, health
care /bio- medical research, hospitality /entertainment, small businesses, manufacturing,
outdoor recreation, vulnerable population /non - profits, arts and culture, and education
interests.
Applications to be approved will be selected by the Mayor, Vice - Mayor, and members of
City Council; the City Manager; and key organizations as follows:
• The Mayor will select 4 applications for appointment (General Citizens).
• The Vice -Mayor will select 3 applications for appointment (General Citizens).
• City Council members will select 16 applications for appointment — two from each of
the sectors mentioned above, plus 1 application representing the Latino Community.
• The City Manager will select 8 applications for appointment — one from each of the
sectors referenced above.
• The Roanoke Chapter of the NAACP will select 1 application for appointment.
• The Roanoke Chapter of the SCLC will select 1 application for appointment.
Karen Pillis, Co -Chair
June 3, 2020
Page 2
The Task Force will assemble on June 19, and it is anticipated their recommendations to
City Council will be delivered at the July 20 Council meeting.
City residents interested in serving on the Task Force are asked to complete and submit an
application, which can be found at
no later than 4:00 p.m. on June 10. If you have any
questions about the application please contact the City Clerk's Office at (540) 853 -2541.
Appointments to the Task Force will be approved by City Council at their meeting on
June 15, 2020.
Sincerely,
Cecelia F. McCoy, CIVIC
City Clerk
Enclosure
c: Mayor Sherman P. Lea, Sr. and Members of City Council
Robert S. Cowell, City Manager
IN THE COU v1CIL OF THE CITY OF ROANOKE. VIRGINIA
The 1st day of June, 2020.
No. 41741- 060120.
A RESOLUTION establishing a task force to review the Star City Strong: Response.. Recovery.
Resilience Framework. eValuate alternatives and make recommendations to Cit}- Council for use of the
Star Cite Strong Recovery Fund to support the recoverv, and resilience of the communit} .
WHEREAS. COVI1)-19 threatens the public health and economic Vitalite ofour conmlunit }:
WHERII.AS. the necessary response to the public health threat represented be COVID -19
required comprehensive restrictions on business. goeernmental and non- profit activities resulting in
unprecedented disruptions and catastrophic economic loss:
W11F RI:AS. the Cite crafted a hramevVork.. Star Cite Strong. to guide local efforts in our
continued response to recover% from and resilience against COVID-19. its resultin�-1 social and
economic impacts. and similar future public health and economic disruption:
WHEREAS, the 0tv's recovery and resilience plans include the establishment of a recovery
fund. Star ('it\- Stron(, Recov erg- fund. f0l' the purposes of providing tinancial support of efforts that
support the community's recoyere from COVI1)-19 and sustain its long)-term resilience toyvard similar
public health and economic disruptions: and
WI11:RFAS. Cite Council desires to have a diverse group of stakeholders representing citizens.
together with individuals involved in health care'bio- medical research. hospitality entertainment. small
business. manufacturing. outdoor recreation. Vulnerable populationlnon- profits, arts and culture. and
education interests. join together in a task force to consider the challenges confronting and the
opportunities available to the community and make recommendations to City Council regarding use of
the Star City Strong Recover, Fund.
NOW THEREFORE. BE IT RESOLVED bV the Council of the Cit} of Roanoke that:
L A task force of thirty -nine (39) individuals is hereby created by Cite Council as the Star
City Strong Recovery Fund (Task Force). The Task Force will be co- chaired by Mayor Sherman P.
Lea. Sr. and Vice -Mayor Joseph L. Cobb. The City Manager shall serve as an es- offico member. The
remaining thirty -sip (36) members of the Task Force shall consist of individuals nominated by the
following persons or organizations:
• 4 Citizens at Large nominated by the Mayor
• 3 Citizens at Large nominated by the Vice -Mayor
• 2 Stakeholders from each of theci_,ht (8) Sectors described below (Sectors) nominated by the
Cite Council (for a total of 16)
• 1 InstitutionallOrganizational Representative from each of the eight (8) Sectors nominated hN
the City Manager (for a total of 8)
• 1 Stakeholder nominated by the Roanoke Branch of' the National Association for the
,'Advancement of Colored People
• 1 Stakeholder nominated by the Roanoke Chapter of-tie Southern Christian Leadership Council
• 1 Stakeholder representing the interests ofthe LatinolLatina community by City C OL111cil
• 2 Stakeholders nominated by the chair of the Youth Services Citizens Board
Sectors for Nomination bN the Cite Nt lana,er and Appointment by City Council:
• 1 lealth Care'Bio- % led ical Research
• 1lospitality Fritertainment
• Small Business
• Manulactul'inU,
• Outdoor Recreation
Vulnerable Population.'Non- Profits
• Arts & Culture
• Education
Nominees need not be residents of the CM and shall be appointed only upon a waiver of the residence
requirement by Cite Council as provided in Section 2- 281(b). Code of the Cite of Roanoke (1979). as
amended. Council will consider all nominations and make appointments of the remaining thirty -six
(36) members of the Task Force at the Council session on June 15. 2020.
2. The Cite Clerk shall notify Roanoke Branch of the National Association for the
Advancement of Colored People. the Roanoke Chapter of the Southern Christian Leadership Council.
and the chair of Youth Services Citizens Board of the creation of the Task Force and request each
organization to submit the name, address. and occupation of I norninee to the City Clerk's Office no
later than June 10. 2020, at 4:00 p.m. The Mayor, the Vice - Mayor. and the City Manager shall submit
the names. addresses and occupations of their respective nominees to the City Clerk no later than June
10. 2020. at 4:00 p.m.
;,
The flavor and Vice - Mayor shall serve as Co- Chairs of this Task Force with the Mayor
presiding over the meetings unless he is unable to attend. in vvlhicln case the Vice -Mayor shall preside.
The CM 'Manager shall serve as tine Secretary. The Mayor shall be responsible for calling meetings of
the Task force and performim, all responsibilities for the conduct of such meetinas. Tile Secretary
shall maintain minutes of all meetings. 'I'l-Iis Task Force shall hold at least one (1) public hearin-) to
receive comments from citizens prior to making Its recommendations to the (it }' Council. The Public
}nearin, shall be set with at least five (5) da }'s and not more than ten (10) days prior notice by
publication. �I�lle Citv shall include notices on its website. In the event that the state of emergency
result,,,,, from the COVID -19 pandemic disaster remains in effect during, this period. the public
hearim -, Ina% be conducted b\ electronic cominunication means V\ Itholit the presence of a quorum In a
physical location pUrsUaint to applicable km. includin,, Section 400.01 Chapter 128J. 1.aVvs of
Virginia (2020). Virginia Code Section 1 5.2 -1 41 ;, and Ordinance No. q 1703-032720.
}. The City - \ttornev shall provide reasonable stafting assistance to this Task Force.
�. This Task force is requested to provide its recommendation to City Council in vv ritin".
by Jul% 17. 2020. and present its recommendations during the Council meeting" on July 20. 2020.
ATTFST:
Cit "v' Cie'. "k.
CECELIA F. nICCOY, Cb1C
Cit% Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk(a roanokeca.go%
June 2, 2020
Jeffrey D. Stern, State Coordinator
Virginia Department of Emergency Management
10501 Trade Court
North Chesterfield, Virginia 23236
Dear Mr. Stern:
CECELIA T. WEBB, CMC
Assistant Deputy CRY Clerk
I am enclosing copy of Resolution No. 41742 - 060120 confirming the City Manager's
declaration of a local emergency; conferring emergency powers in the City Manager as
Director of Emergency Management; authorizing the City Manager to make application
for Federal and State public assistance to deal with such emergency; designating a
fiscal agent and an agent for submission of financial information for the City; and calling
upon the Federal and State governments for assistance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 1, 2020, and is in full force and effect upon its
passage.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
c: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Amelia Merchant, Director of Finance
Sherman S. Stovall, Assistant City Manager for Operations
Trevor Shannon, Battalion Chief of Emergency Management
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of June, 2020.
No. 41742 - 060120.
A RESOLUTION confirming the City Manager's declaration of a local emergency;
conferring emergency powers in the City Manager as Director of Emergency Management;
authorizing the City Manager to make application for Federal and State public assistance to deal
with such emergency; designating a fiscal agent and an agent for submission of financial
information for the City; and calling upon the Federal and State governments for assistance.
WHEREAS, the Council of the City of Roanoke finds that the City has sustained a local
emergency by demonstrations, protests, and civil unrest that occurred in the City on Saturday,
May 30, 2020 in the City, and may continue to occur, and such civil unrest has the potential to
further seriously impact the City and its citizens, by (i) the damage and injury to persons and
property. (ii) the additional demands placed upon City public safety services including police,
fire, and EMS services, (iii) the disruption of the services provided to citizens, and (iv) disruption
of travel and transportation within and around the City;
WHEREAS, pursuant to the provisions of §44- 146.21, Code of Virginia, on May 30,
2020, the City Manager as Director of Emergency Management, declared a local emergency
commencing on May 30, 2020, which Council must confirm at its next regularly scheduled
meeting, or at a special meeting within fourteen days of such declaration; and
WHEREAS, a condition of civil unrest was created and had the potential to cause
damage, loss, hardship or suffering to the citizens of Roanoke, which necessitated the declaration
of the existence of a local emergency.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Council confirms that a local emergency existed throughout the City commencing
May 30, 2020 arising from the civil unrest following demonstrations and protests in response to
the death of George Floyd in Minnesota.
2. The Council hereby ratifies and confirms that, during the period of the emergency
confirmed by this resolution, the City Manager, as Director of Emergency Management,
possessed and held those powers, functions and duties prescribed by the Code of Virginia (1950),
as amended, the City of Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as
amended, and the Emergency Operations Plan approved by this Council, in order to further the
public health, safety and welfare, address the needs of the people of the City of Roanoke, and
mitigate the effects of such emergency.
3. The City Manager is hereby authorized for and on behalf of the City to execute
applications for Federal and State public assistance as is necessary and proper to meet this
emergency and to provide to Federal and State agencies for all matters relating to Federal and
State local emergency assistance the assurances and agreements required by the Federal
Emergency Management Agency and other agencies of the State and Federal government.
4. Amelia Merchant, the City's Director of Finance, is hereby designated as the
City's fiscal agent to receive, deposit and account for Federal and State funds made available to
the City to meet the emergency declared by this resolution, and is hereby designated as the City
agent for executing and submitting appropriate documentation and information regarding Federal
and State reimbursement for this emergency.
5. The Council calls upon the Federal and State governments to take steps to afford
to the City of Roanoke and to the persons and business concerns and other organizations and
agencies suffering injury and damage from this local emergency such public aid and assistance
as is necessary and proper to meet this emergency.
6. The City Clerk is directed to forward an attested copy of this resolution to the
State Coordinator of Emergency Management.
ATTEST:
O'e,Ct. - , '
City Clerk.
CECELI.A F. NICCOY, CHIC
CCith Clerk
Elizabeth C. S. Jamison
2424 Stanley Avenue, S.
Roanoke, Virginia 24014
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fas: (540) 853 -1145
E -mail: clerk(a roanoke%a.go%
CECELIA T. WEBB, CHIC
Assistant Depute Cite Clerk
June 2, 2020
Natasha N. Saunders
E. 1830 Fremont Circle, N. W.
Roanoke, Virginia 24017
Dear Ms. Jamison and Ms. Saunders:
I am enclosing copies of Resolution No. 41743 - 060120 appointing you as School Board
Trustees on the Roanoke City School Board for terms commencing July 1, 2020 and
ending June 30, 2023, which measure was adopted at a regular meeting of the Council
of City of Roanoke on Monday, June 1, 2020.
Please find enclosed Certificates of your appointments. Your Oaths of Office have been
forwarded to Cindy H. Poulton, Clerk, Roanoke City School Board, for appropriate
handling prior to commencement of your terms of office.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copies 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 the City of Roanoke as Trustees of the
Roanoke City School Board.
Sincerely,
�6, CM t 116-dl-
Cecelia F. McCoy, CMC
City Clerk
Enclosure
pc: Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031, w /attachments
Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Amelia Merchant, Director of Finance
Jody Lawson, Payroll and Systems Supervisor
P�r
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of June, 2020.
No. 41743- 060120.
A RESOLUTION appointing Elizabeth C.S. Jamison and Natasha N. Saunders, as School
Board Trustees of the Roanoke City School Board for terms commencing July 1, 2020, and ending
June 30, 2023.
WHEREAS, pursuant to Section 9 -24, Code of the City of Roanoke (1979), as amended, and
Section 22.1 -29.1, Code of Virginia (1950), as amended, a public hearing was held on May 18, 2020,
relating to the appointment of School Board Trustees; and
WHEREAS, this Council is desirous of appointing Elizabeth C.S. Jamison and Natasha N.
Saunders to fill the vacancies on the Roanoke City School Board.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Elizabeth C.S. Jamison and Natasha N. Saunders, are hereby appointed as School
Board Trustees of the Roanoke City School Board for terms commencing July 1, 2020, and ending
June 30, 2023.
2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk
of Roanoke City School Board, and to Elizabeth C.S. Jamison and Natasha N. Saunders.
ATTEST:
City Clerk.
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 first day of June 2020, Elizabeth C. S. Jamison was appointed as a
Trustee of the Roanoke City School Board for a term of three years, commencing July 1,
2020 and ending June 30, 2023.
2020.
Given under my hand and the Seal of the City of Roanoke this second day of June
City Clerk
-Cot
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Cecelia F. McCoy, 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 first day of June 2020, Natasha N. Saunders was appointed as a Trustee
of the Roanoke City School Board for a term of three years, commencing July 1, 2020 and
ending June 30, 2023.
2020.
Given under my hand and the Seal of the City of Roanoke this second day of June
City Clerk
CECELIA F. 11CCOY, CHIC
Cite Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E-mail: clerk(n roanoke%a.gov
June 2, 2020
Christopher Vail
2306 Lincoln Avenue, N. W.
Roanoke, Virginia 24015
Dear Mr. Vail:
CECELIA T. NN EBB, CNIC
Assistant Depute City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 1, 2020, you were appointed to replace Robert Logan, III, as a member of the
Board of Zoning Appeals for a three -year term of office commencing January 1, 2021,
and ending December 31, 2023.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your 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 the City of Roanoke as a member of the Board
of Zoning Appeals.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosures
PC: Tina Carr, Secretary, Board of Zoning Appeals
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 first day of June 2020, CHRISTOPHER VAIL was appointed to
replace Robert Logan, III, as a member of the Board of Zoning Appeals for a three -year
term of office commencing January 1, 2021, and ending December 31, 2023.
Given under my hand and the Seal of the City of Roanoke this second day of
June 2020.
City Clerk
CECELIA F. NICCOI', C,NIC
Cite Clerk
Stephen D. Poff
Chief Magistrate
Roanoke, Virginia
Dear Mr. Poff:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk(a roanoke%a.go%
June 2, 2020
CECELIA T. NN EBB, CHIC
Assistant Depute Cit. Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 1, 2020, you were reappointed as a City representative (Chief Magistrate) of the
Court Community Corrections Program Regional Community Criminal Justice Board for
a three -year term of office commencing July 1, 2020 and ending June 30, 2023.
Enclosed you will find a Certificate of Your reappointment and an Oath or
Affirmation of Office which must be administered by a Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your reappointment and each member is required "to
read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue serving as a City representative (Chief
Magistrate) of the Court Community Corrections Program Regional Community Criminal
Justice Board.
Sincerely,
Cecelia F. McCoy, CMC 0
City Clerk
Enclosures
PC: Krystal Hullette, Director of Court and Community Services, 1717 Peters Creek
Road, N. W., Roanoke, Virginia 24017 -2139
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 first day of June 2020, STEPHEN D. POFF was reappointed as a
City representative (Chief Magistrate) of the Court Community Corrections Program
Regional Community Criminal Justice Board for a three -year term of office commencing
July 1, 2020 and ending June 30, 2023.
Given under my hand and the Seal of the City of Roanoke this second day of
June 2020.
City Clerk
CECELIA F. AICCOt, CJIC
Cite Clerk
John Varney
Public Defender
Roanoke, Virginia
Dear Mr. Varney:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540)8_53 -1145
E -mail: clerk(a roanoke%a.go%
June 2, 2020
CECELIA T. WEBB, CHIC
Assistant Depute Cih Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 1, 2020, you were reappointed as a City representative (Public Defender) of the
Court Community Corrections Program Regional Community Criminal Justice Board for
a three -year term of office, commencing July 1, 2020 and ending June 30, 2023.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which must be administered by a Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your reappointment and each member is required "to
read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue serving as a City representative (Public
Defender) of the Court Community Corrections Program Regional Community Criminal
Justice Board.
Sincerely,
0- "� C�• wlc
Cecelia F. McCoy, y, C
City Clerk
Enclosures
PC: Krystal Hullette, Director of Court and Community Services, 1717 Peters Creek
Road, N. W., Roanoke, Virginia 24017 -2139
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Cecelia F. McCoy, 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 first day of June 2020, JOHN VARNEY was reappointed as a
City representative (Public Defender) of the Court Community Corrections Program
Regional Community Criminal Justice Board for a three -year term of office commencing
July 1, 2020 and ending June 30, 2023.
Given under my hand and the Seal of the City of Roanoke this second day of
June 2020.
&4_.t�, J. L/�&gy_
City Clerk
CECELIA F. MCCON', CHIC
Citx Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E-mail: clerkCa roanoke%a.no%
June 2, 2020
The Honorable Hilary Griffith
Juvenile Domestic and Relations Court
Roanoke, Virginia
Dear Judge Griffith:
CECELIA T. NVEBB, CHIC
Assistant Deput) Cite Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 1, 2020, you were appointed to replace the Honorable Frank W. Rogers, III, as the
Juvenile Domestic and Relations Court representative of the Court Community Corrections
Program, Regional Community Criminal Justice Board for a three -year term of office
commencing July 1, 2020 and ending June 30, 2023.
Enclosed you will find a certificate of your appointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
After the Oath has been administered, please return one copy to the Office of the City Clerk,
Room 456, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior
to serving in the capacity to which you were appointed. For recordkeeping purposes,
please complete the enclosed application.
Furthermore, 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 the City of Roanoke as the Juvenile Domestic and Relations
Court representative of the Court Community Corrections Program Regional Community
Criminal Justice Board.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosures
PC: Krystal Hullette, Director of Court and Community Services, 1717 Peters Creek
Road, N. W., Roanoke, Virginia 24017 -2139
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 first day of June 2020, THE HONORABLE HILARY GRIFFITH,
was appointed to replace the Honorable Frank W. Rogers, III, as the Juvenile Domestic
and Relations Court representative of the Court Community Corrections Program,
Regional Community Criminal Justice Board for a three -year term of office commencing
July 1, 2020 and ending June 30, 2023.
Given under my hand and the Seal of the City of Roanoke this second day of
June 2020.
oe"� "_-4. yrtta�
City Clerk
CECELIA F. NICCOY, CMC
Cith Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk* roanokeca.go%
June 2, 2020
The Honorable Scott R. Geddes
General District Court
Roanoke, Virginia
Dear Judge Geddes:
CECELIA T. NYEBB, CHIC
Assistant Depuh Cite Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 1, 2020, you were appointed to replace the Honorable Francis Burkart, III, as the
General District Court representative of the Court Community Corrections Program
Regional Community Criminal Justice Board for a three -year term of office commencing
July 1, 2020 and ending June 30, 2023.
Enclosed you will find a certificate of your appointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
After the Oath has been administered, please return one copy to the Office of the City Clerk,
Room 456, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior
to serving in the capacity to which you were appointed. For recordkeeping purposes,
please complete the enclosed application.
Furthermore, 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 the City of Roanoke as the General District Court
representative of the Court Community Corrections Program Regional Community Criminal
Justice Board.
Sincerely,
oteeJ. V)t,.- 64f
Cecelia F. McCoy, CMC
City Clerk
Enclosures
PC: Krystal Hullette, Director of Court and Community Services, 1717 Peters Creek
Road, N. W., Roanoke, Virginia 24017 -2139
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 first day of June 2020, THE HONORABLE SCOTT R. GEDDES
was appointed to replace the Honorable Francis Burkart, III, as the General District
Court representative of the Court Community Corrections Program Regional Community
Criminal Justice Board for a three -year term of office commencing July 1, 2020 and
ending June 30, 2023.
Given under my hand and the Seal of the City of Roanoke this second day of
June 2020.
City Clerk
CECELIA F. 11CCOY, CMC
Cite Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone. (540) 853 -2541
Fax: (540) 853 -1145
E-mail: clerk(a roanokeva. -oN
June 2, 2020
Deputy Chief Eric Charles
Roanoke Police Department
Roanoke, Virginia
Dear Deputy Chief Charles:
CECELIA T. NYEBB, CMC
Assistant Depute Cite Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 1, 2020, you were reappointed as the Chief of Police Designee of the Regional
Virginia Alcohol Safety Action Program Policy Board for a three -year term of office
commencing July 1, 2020 and ending June 30, 2023.
Enclosed you will find a certificate of your reappointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
After the Oath has been administered, please return one copy to the Office of the City
Clerk, Room 456, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., prior to serving in the capacity to which you were reappointed.
Furthermore, pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be
provided with a copy within two weeks of your reappointment and each member is
required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue serving as the Chief of Police Designee of
the Regional Virginia Alcohol Safety Action Program Policy Board.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosures
PC: Krystal Hullette, Director of Court and Community Services, 1717 Peters Creek
Road, N. W., Roanoke, Virginia 24017 -2139
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 first day of June 2020, DEPUTY CHIEF ERIC CHARLES was
reappointed as the Chief of Police Designee of the Regional Virginia Alcohol Safety
Action Program Policy Board for a three -year term of office commencing July 1, 2020
and ending June 30, 2023.
Given under my hand and the Seal of the City of Roanoke this second day of
June 2020.
C�I;C�t.�t -4.- J•
City Clerk
CECELIA F. NICCOY, CHIC
Citx Clerk
Dr. Thomas Powers, Jr.
329 Darwin Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Powers:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone. (540) 853 -2541
Fax: (540) 853 -1145
E-mail: clerk(a roanoke%a.gov
June 2, 2020
CECELIA T. NN EBB, C AIC
Assistant Depute Cite Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 1, 2020, you were appointed to replace Landon Howard as a member of the
Roanoke Civic Center Commission for a three -year term of office commencing
October 1, 2020 and ending September 30, 2023.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your 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 the City of Roanoke as a member of the
Roanoke Civic Center Commission.
Sincerely,
ce_ J-
Cecelia F. McCoy, CMC
City Clerk
Enclosures
PC: Robyn Schon, Secretary, Roanoke Civic Center Commission, w /application
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 first day of June 2020, DR. THOMAS POWERS, JR., was
appointed to replace Landon Howard as a member of the Roanoke Civic Center
Commission for a three -year term of office commencing October 1, 2020 and ending
September 30, 2023.
Given under my hand and the Seal of the City of Roanoke this second day of
June 2020.
City Clerk
-max-,-
CECELIA F. MCCON', CHIC
Cite Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk(a roanokeva.gov
June 2, 2020
Robert Fralin
519 Clydesdale Street, S. W.
Roanoke, Virginia 24014
Dear Mr. Fralin:
CECELIA T. NN EBB, CJIC
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 1, 2020, you were appointed as a City representative of the Roanoke Regional
Airport Commission for a four -year term of office, commencing July 1, 2020 and ending
March 9, 2024.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your 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 the City of Roanoke as a City representative
of the Roanoke Regional Airport Commission.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosures
C'. Cathy Bowman, Secretary, Roanoke Regional Airport Commission
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Cecelia F. McCoy, 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 first day of June 2020, ROBERT FRALIN was appointed as a
City representative of the Roanoke Regional Airport Commission for a four -year term of
office commencing July 1, 2020 and ending March 9, 2024.
Given under my hand and the Seal of the City of Roanoke this second day of
June 2020.
City Clerk
CECELIA F. NICCOY, CHIC
Cite Clerk
Annette Lewis
4606 Casper Drive, N. E.
Roanoke, Virginia 24019
Dear Ms. Lewis:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk(n roanokeva.gov
June 2, 2020
CECELIA T. NVEBB, Ch1C
assistant Depute Cite Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 1, 2020, you were appointed to replace Renee "Butch" Craft as a City
representative of the Visit Virginia's Blue Ridge, Board of Directors for a one -year term
of office commencing July 1, 2020 and ending June 30, 2021.
Enclosed you will find a certificate of your appointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your 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 a City representative of the Visit Virginia's
Blue Ridge, Board of Directors.
Sincerely,
c�--�-
C"
Cecelia F. McCoy, CMC
City Clerk
Enclosures
PC: Landon C. Howard, President, Visit Virginia's Blue Ridge, 101 Shenandoah
Avenue, N. W., Roanoke, Virginia 24016
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 first day of June 2020, ANNETTE LEWIS was appointed to
replace Renee "Butch" Craft as a City representative of the Visit Virginia's Blue Ridge,
Board of Directors for a one -year term of office commencing July 1, 2020 and ending
June 30, 2021.
Given under my hand and the Seal of the City of Roanoke this second day of
June 2020.
0_,
City Clerk