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Council Actions 12-18-00
~KHITE 35166 ROANOKE CITY CO UNCIL REGULAR SESSION DECEMBER 18, 2000 12:15 P. M. EMERGENCY OPERA TIONS CENTER CONFERENCE ROOM AGENDA FOR THE COUNCIL Call to Order--Roll Call: Council Members Harris and Wyatt were absent. Roanoke City Council was declared in recess at 12:16 p.m., for a tour of the New Century Business Venture Center, 1354 8th Street, S.W., City of Roanoke. The meeting reconvened at 3:00 p.m., in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W. ROANOKE CITY CO UNCIL REGULAR SESSION DECEMBER 18, 2000 3:00 P.M. GOVERNOR'S SCHOOL LECTURE HALL PA TRICK HENRY HIGH SCHOOL 2102 GRANDIN ROAD, S. W. AGENDA FOR THE COUNCIL Call to Order-- Roll Call: All Present. The Invocation was delivered by The Reverend William L. Lee, Pastor, Loudon Avenue Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Wednesday, December 20, 2000, at 7:00 p.m., and Sunday, December 24, 2000, at 4:00 p.m. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.CI.ROANOKE.VA.US, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE LECTURE HALL. 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, July 3, 2000, Monday, July 17, 2000, and the Planning Retreat held on July 20 - 21, 2000. The minutes were removed from the Consent Agenda for separate discussion. C-2 A report of the City Manager recommending that a public hearing be advertised for January 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider previously received applications for Federal funds made available through the Transportation Equity Act for the 21st Century (TEA-21) for transportation enhancement projects in fiscal year 2001-02. RECOMMENDED ACTION: Concur in recommendation. File #20 C-3 A report of the City Manager recommending authorization to file a petition to close a portion of public street right-of-way along Albemarle Avenue, S. E., in exchange for certain private property in connection with the Mill Mountain Greenway Project. RECOMMENDED ACTION: Concur in recommendation. File #2-67-102-379-468-514 C-4 Qualification of the following persons: Charles A. Karr as a member of the Towing Advisory Board for a term ending June 30, 2003; File #15-110-530 Lylburn D. Moore, Jr., as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2002; and File #15-110-202 4 Susannah Koerber as a member of the Roanoke Arts Commission for a term ending June 30, 2003. File #15-110-230 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA C-1 Minutes of the regular meetings of City Council held on Monday, July 3, 2000, Monday, July 17, 2000; and the Planning Retreat held on July 20 - 21, 2000. The minutes were tabled until the regular meeting of Council on Tuesday, January 2, 2001. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to present a report on services provided by Blue Ridge Community Services during fiscal year 2000. Dr. Dolores Johns, Member, Blue Ridge Community Services Board of Directors. Received and filed. File #72-335 4. PETITIONS AND COMMUNICATIONS: A communication from Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority, requesting approval of a plan to assist Our Lady of the Valley, Inc., in financing, constructing, and equipping an addition to its facility, by issuance of industrial development revenue bonds in an amount estimated at $3 million. Adopted Resolution No. 35166-121800. (7-0) File #53-207 bo A communication from the Roanoke City School Board requesting appropriation of funds for the Regional Literacy Coordinating Committee, and the Individualized Student Alternative Education Program; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 35167-121800. (7-0) File #60-467 Co A communication from George J. A. Clemo, Attorney, representing the Roanoke City School Board, recommending adoption of a resolution authorizing issuance of a General Obligation Qualified Zone Academy Bond, in the amount of $1,291,618.00, for the Roanoke Academy for Mathematics and Science. Adopted Resolution No. 35168-121800. (7-0) File #53-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to Victory Stadium. Council concurred in the City Manager's recommended course of action that Options lB and lC be presented for public comment. Council will hold a public hearing on the two options in January 2001, with the goal of making a final decision at either the February 5 or February 20 Council meeting, Mayor Smith and Council Member Hudson voted no. File #122-405 ITEMS RECOMMENDED FOR ACTION: A report recommending appointment of George C. Snead, Jr., Assistant City Manager for Community Development, to the Regional Community Criminal Justice Board. Adopted Resolution No. 35169-121800. (7-0) File #5-104 o A report recommending execution of a contract with Western Virginia Foundation for the Arts and Sciences for development and administration of renovations and construction improvements to the Roanoke Passenger Station Building, committing the Foundation to be fully responsible for 20 per cent matching funds, as well as all other obligations undertaken by the City by virtue of an agreement with the Virginia Department of Transportation; and appropriation of $750,000.00 in connection therewith. Adopted Budget Ordinance No. 35170-121800 and Resolution No. 35171-121800. (7-0) File #20-60-427-537 o A report recommending appropriation of $87,989.00, in connection with the Federally Forfeited Property Program. Adopted Budget Ordinance No. 35172-121800. (7-0) File #5-60-76-236 A report recommending acceptance of a donation from the Greater Raleigh Court Civic League of labor and materials for construction of Phase I of the greenway trail in the Raleigh Court area, and authorization for construction of the greenway trail and amenities in said area. Adopted Resolution No. 35173-121800. (7-0) File #67-68-165-379 o A report recommending appropriation of $1,971,205.00 from Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings to address high priority technology needs and enhancements. Adopted Budget Ordinance No. 35174-121800. (7-0) File #60-270-301-472 b. DIRECTOR OF FINANCE: A report recommending appropriation of $454,999.00, in connection with CDBG program income from the Roanoke Redevelopment and Housing Authority and CDBG miscellaneous program income. Adopted Budget Ordinance No. 35175-121800. (7-0) File #60-72-178-236-247-313 A report transmitting the Comprehensive Annual Financial Report for the City of Roanoke and the City of Roanoke Pension Plan for the year ended June 30, 2000. Received and filed. File #10-429 6. REPORTS OF COMMITTEES: NONE. 7. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 8 e MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. b. Vacancies on and appointments to various authorities, boards, commissions and committees appointed by Council. Council Member Bestpitch inquired about the status of vacancies on certain Council-appointed authorities, boards, commissions and committees; whereupon, the Mayor advised of a proposal that will be presented to Council on Tuesday, January 2, 2001. File #110 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. V. Lee Wolfe, President, Gainsboro Neighborhood Alliance, read a prepared statement requesting that the Mayor reconsider his endorsement of 1-73 and oppose 1-73 along the 1-581 route. The statement was referred to the City Manager. File #20-165 Roanoke City Council was declared in recess at 6:25 p.m., to be reconvened at 7:00 p. m., in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., City of Roanoke. ROANOKE CITY CO UNCIL REGULAR SESSION DECEMBER 18, 2000 7:00 P.M. GO VERNOR 'S SCHOOL LECTURE HALL PA TRICK HENRY HIGH SCHOOL 2102 GRANDIN ROAD, S. W. AGENDA FOR THE COUNCIL Call to Order-- Roll Call: Mayor Smith and Council Member White were absent. The Invocation was delivered by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor William H. Carder. Welcome. Vice-Mayor Carder. lO NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Wednesday, December 20, 2000, at 7:00 p.m., and Sunday, December 24, 2000, at 4:00 p.m. A. PUBLIC HEARINGS: Request that a certain section of Edge Hill Avenue, S. E., extending in a westerly direction from 19th Street, for an approximate distance of 210 feet to the intersection with 18th Street, be permanently vacated, discontinued and closed. Bernard W. Abbott, Spokesperson. Adopted Ordinance No. 35176 on first reading. (5-0) File #514 Public hearing to consider an amendment to Division 5, Special District Regulations, Article III, District Regulations, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to include a subdivision entitled Subdivision H, INPUD, Institutional Planned Unit Development District, and to amend and reordain Section 36.1-562, Standards, Division 12, Group Care Facilities, Article IV, Supplementary Regulations, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for a new institutional planned unit development district. Melvin L. Hill, Chair, City Planning Commission. The matter was referred back to the City Planning Commission for further study, report and recommendation to Council. File #24-51 o Public hearing with regard to granting an easement across City-owned property located at 5th Street and Luck Avenue, S. W., to Cox Communications, Inc., to install, operate and maintain a concrete pad and electronics cabinet. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35177 on first reading. (5-0) File #28-514-448-468 o o Public hearing with regard to granting a 15-foot easement across City- owned property to Verizon for installation of underground facilities to upgrade telephone service to Lincoln Terrace Elementary School. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35178 on first reading. (5-0) File #28-166-291-383-467-468 Public hearing with regard to granting a revocable license to property owners at 1313 Peters Creek Road, N. W., to allow construction of a parking area encroaching approximately 25 feet into the right-of-way of Peters Creek Road, N. W. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35179 on first reading. (5-0) File #322-468-514 Public hearing with regard to leasing property located in the Back Creek area in Roanoke County, identified as Official Tax No. 089.00-03-36.00-0000 for agricultural purposes, to Ms. Sandra Rouse for a term of five years. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35180 on first reading. (5-0) File #373-468 B. OTHER HEARING OF CITIZENS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. 12 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us C-1 STEPHANIE M. MOON Deputy City Clerk December 13, 2000 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: It has been suggested that the City Clerk's Office discontinue the practice of including photocopies of the Council minutes in your agenda package. If any Member of Council would like to receive the minutes in their entirety, I will be pleased to honor your request. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:sm CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 18, 2000 File #20 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your report requesting that a public hearing be advertised for Tuesday, January 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider previously received applications for Federal funds made available through the Transportation Equity Act for the 21st Century (TEA-21)for transportation enhancement projects in fiscal year 2001-02, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. On motion, duly seconded, and unanimously adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Robert K. Bengtson, Director of Public Works H:LAgendas 2000\Corresp Dec 18.wpd 2 C-2 Office of the City Manager December 14, 2000 The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice Mayor The Honorable W. D. "Bill" Bestpitch The Honorable C. Nelson Harris The Honorable W. Alvin Hudson The Honorable William White, Sr. The Honorable Linda F. Wyatt Dear Mayor Smith and Members of City Council: Subject: TEA-21 Enhancement Projects Applications have been received by the City for federal funds made available through the Transportation Equity Act for the 21st Century (TEA-21) for transportation enhancement projects in fiscal year 2001-2001. This is a recommendation that City Council concur in advertising a public hearing on Tuesday, January 16, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard in City Council chambers to consider these applications. Sincerely, Darlene L. Burcl~atn City Manager DLB:sam Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va ,us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 18, 2000 File #2-67-102-379-468-514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your report requesting authorization to file a petition to close a portion of public street right- of-way along Albemarle Avenue, S. E., in exchange for certain private property in connection with the Mill Mountain Greenway Project, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. On motion duly seconded and unanimously adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Elizabeth H. Belcher, Greenway Coordinator, Roanoke Commission, P. O. Box 29800, Roanoke, Virginia 24018 James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Wanda L. Reed, Acting Director, Parks and Recreation Martha P. Franklin, Secretary, City Planning Commission Valley Greenways HSAgendas 2000\Corresp Dec 18.wpd Roanoke City Council Regular Agenda Report December 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Background: Subject: Vacation of a Portion of Public Street Right-of-Way - Albemarle Avenue, SE The Mill Mountain Greenway Project is a proposed trail linking the Roanoke City Market to Mill Mountain. The project will include a combination of on-road and off-road paved trails extending from the City Market to Mill Mountain by way of Elmwood Park, Williamson Road, the Walnut Avenue Bridge, Piedmont Park, Ivy Street and Prospect Road. City Council authorized a contract for design work with Lardner/Klein Landscape Architects, P.C. by Ord. No. 34103-120798. Acquisition of the necessary property rights was authorized by Ord. No. 34714-030600. Preliminary discussions with a representative of Walters, LLC, have identified the need for an exchange of property rights to satisfy project land acquisition requirements. Considerations: Authorization is needed to file a petition to close a portion of public right-of-way as shown on Attachment #1 and convey such to the adjacent property owner in exchange for the right-of-way needed for the Mill Mountain Greenway Project. Recommended Action(s): Authorize the filing of a petition to close a portion of public street right-of-way along Albemarle Avenue, S.E. so that it can be conveyed in exchange for certain private property needed for the Mill Mountain Greenway Project. Attachment(s): 1 ~j~,~itted, City Manager cc: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator # 00 - 200 ATTACHMENT 1 z o o o o o ~ o oo ~ c~ rtl ~s zo ~ ~ m · ~ ~ Z m m z z ~ o o o o~ rtl MAP OF JEFFERSON LAND COMPANY CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 18, 2000 File #15-110-530 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: This is to advise you that Charles A. Karr has qualified as a member of the Towing Advisory Board for a term ending June 30, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Stephanie M. Moon, Deputy City Clerk H:XAgendas 2000\Corresp Dec 18.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Charles a. Karr, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a term ending June 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me thist~'~day .... ARTHUR B. CRUSH, III, CLERK ~.,.~ ...... ...' ........ OEPU~ CLERK N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us December 18, 2000 File #15-110-202 STEPHANIE M. MOON Deputy City Clerk Stephen L. Jamison, Chairperson Personnel and Employment Practices Commission 3450 Brymoor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Jamison: This is to advise you that Lylburn D. Moore, Jr. has qualified as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Kenneth S. Cronin, Secretary, Personnel and Employment Practices Comm ssion Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lylburn D. Moore, 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 a member of the Personnel and Employment Practices Commission for a term ending June 30, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~ day ofCCp- 2000. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHAN1E M. MOON Deputy City Clerk December 18, 2000 File #15-110-202 Mark S. McConnel, Chairperson Roanoke Arts Commission 546 Camilla Avenue, S.E. Roanoke, Virginia 24014 Dear Mr. McConnel: This is to advise you that Susannah Koerber has qualified as a member of the Roanoke Arts Commission for a term ending June 30, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Susan S. Hannabass, Secretary, Roanoke Arts Commission Stephanie M. Moon, Deputy City Clerk H:~Agendas 2000\Corresp Dec 18.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Susannah Koerber, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this (o day of ~¢ 2000. ARTHUR B. CRUSH,f IIL.CLERK , DEPUTY CLERK N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd City of Roanoke December 18, 2000 Good afternoon. My name is Dolores Johns, and I serve as one of the three representatives of the City of Roanoke on the Board of Directors of Blue Ridge Community Services. With me today is Jim Sikkema, the Executive Director of Blue Ridge. We are here this afternoon to share with you a report, copies of which have been distributed to you, of the services Blue Ridge provided to citizens of Roanoke for the year that ended June 30, 2000. During that period, our staff delivered over 315,000 units of service to nearly 9,000 residents of the City of Roanoke. The value of those services was over $11,000,000. Roanoke's local matching contribution to the agency's FY 2000 operations was $378,357. That means that the citizens of Roanoke received $29.78 worth of services for each tax dollar they allocated to their Community Services Board. Let me call your attention to just a few highlights: · :- Individuals and agencies that refer to our system of care have in the past often commented on the difficulty of knowing how to access the most appropriate service. As part of our Renewal 2000 restructuring of services, Blue Ridge opened The Assessment Center, providing a single, consumer-oriented means of access to all of our clinical services. Intake and assessment services are provided to all consumers, of all ages, and with all disabilities. The center is located at 1729 Patterson Avenue in Roanoke. · :. Jail Assessment & Treatment Services provides a full array of substance abuse services to inmates of the Roanoke City Jail, including modified therapeutic communities for both men and women. Funding targeted specifically for substance abuse prohibits us from addressing the critical needs of inmates with mental illness. Blue Ridge has developed a proposal, which has been endorsed by the Sheriff's Departments of both Roanoke City and County, to implement a pilot program for the provision of mental health assessment, treatment, crisis counseling, psychiatric care, appropriate medications, and case management. We expect that this collaboration will result in an effort to seek funding from the General Assembly for the pilot. Blue Ridge therapists are stationed at the Roanoke Adolescent Health Partnership (RAHP) sites in order to provide greater access to counseling for children and adolescents, age 11-18 years. The sites are William Fleming High School/Ruffner Middle School, Patrick Henry High School, and the Hurt Park Community Center. The therapist positions are funded through contract with RAHP from a United Way Venture Grant and a Roanoke City Community Development and Block Grant. We provide clinical and administrative oversight as an in-kind contribution to the partnership. Blue Ridge participated in an ACR (Adult Care Residence) Pilot Project last year to provide consultation and support to staff and consumers at four targeted Assisted Living Facilities (ALFs) in the Valley. Results demonstrated decreased hospitalizations, decreased length of hospital stays, increased levels of functioning, and positive feedback from consumers and staff alike. Currently, our staff provide case management to consumers living in thirteen ALFs, and we plan to expand ACR Pilot Services to targeted consumers living in non-piloted ALFs. Additional funding has been received for PACT (Program of Assertive Community Treatment), which will allow for expanded psychiatric services and group activities for adults with serious mental illness who are homeless or have histories of frequent use of State hospitals. During the 1999-2000 school year, Blue Ridge worked in partnership with Roanoke City Schools to provide day treatment services and school-based substance abuse counseling. The on- site substance abuse counseling has created greater access to this service at an earlier stage of intervention. The day treatment services have been aimed to maintain emotionally disturbed children in the least restrictive and less costly special education setting, by placing staff persons on-site with teaching staff during each school day. Day treatment was provided in four elementary schools: Roanoke Academy of Math and Science (RAMS); Highland Park; Fallon Park; and Lincoln Terrace. For the coming year, these same schools are receiving day treatment, and a new contract for substance abuse counseling has been signed. Also, day treatment services were provided on-site with the summer school program at Westside Elementary. More examples of our services to the citizens of Roanoke are noted in the provided written report. The public system for addressing the needs of mentally disabled citizens has been in a period of accelerating transition for several years. The Performance Contract that we have with the State ( that we ask you to review annually ) reflects the change. A major concept of the new contracts is "Priority Populations", which, in a nutshell, is a means by which the State very narrowly defines who is eligible for services paid for with "State Controlled Funds". The established criteria for priority populations limit access to only the most severely mentally disabled individuals in our communities. This State policy comes at a time when a recent valley-wide study has identified mental health services as the number one unmet community healthcare need, thus presenting a challenge to us all. Equally challenging is the mandated 90:10 State/Local Matching Funds ratio. Our local tax requests each year are based upon minimums necessary to meet this requirement. Rarely are we funded at the levels we request. This year, if a requested waiver is not granted, we stand to lose in excess of $85,000 in discretionary State funds because of insufficient local matching dollars. Clearly, the State is monitoring this closely. At a time when there is increasing identified need and demand for our services, we want to do everything we can to avoid any reduction in current capacity. In conclusion, the Board of Directors and Staff of Blue Ridge feel very positive about our working relationship with you, the Officials of the City of Roanoke. We want to thank you for your continuing support of our agency and our mission. MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk December 18, 2000 File #53-207 Harwell M. Darby, Jr., Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Darby: I am enclosing copy of Resolution No. 35166-121800 approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Our Lady of the Valley, Inc., a Virginia Corporation, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Lynn D. Avis, Chairperson, Industrial Development Authority of the City of Roanoke, 3848 Bosworth Drive, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager H:~Agendas 2000\Corresp Dec 18.wpd IN THE CITY OF COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2000 No. 35166-121800. A RESOLUTION APPROVING THE PLAN OF FINANCING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA, FOR THE BENEFIT OF OUR LADY OF THE VALLEY, INC. TO THE EXTENT REQUIRED BY SECTION 147 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED AND SECTION 15.2-4906 OF THE VIRGINIA CODE WHEREAS, Our Lady of the Valley, Inc. (the "Corporation") has requested The Industrial Development Authority of the City of Salem, Virginia (the "Issuer"), to issue its revenue note in the mount of $3,000,000 (the "Note") and the Issuer on December 7, 2000, adopted an inducement resolution with respect to the issuance of the Note; and WHEREAS, the proceeds of the Note will be used to finance the construction and equipping of an addition to the Corporation's existing facility for the residence and care for the aged known as Our Lady of the Valley and located in the City of Roanoke, Virginia; and WHEREAS, the Corporation has requested the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), to approve the issuance of the Note to comply with Section 15.2-4905 of the Virginia Industrial Development and Revenue Bond Act, as amended (the "Act"); and WItEREAS, a copy of the Issuer's resolution of December 7, 2000, approving the issuance of the Note has been filed with the Council; and WHEREAS, the Issuer issues its bonds on behalf of the City of Salem, Virginia, and the City Council of the City of Salem, Virginia, has adopted a resolution approving the issuance of the Note by the Issuer for the benefit of the Corporation; and WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), requires in this Case that the governmental unit having jurisdiction over the area in whichany facility financed with the proceeds of the Note is located approve the issuance of such note; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority"), on December 15, 2000, has held a public heating on the issuance of the Note; and WItEREAS, the Roanoke Authority has recommended that the Council approve the issuance of the Note to comply with Section 147(0 of the Code; and WHEREAS, a copy of the Roanoke Authority's resolution of December 15, 2000, recommending'the issuance of the Note, a record of the public hearing and a fiscal impact statement with respect to the issuance of the Note have been filed with the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council hereby approves the issuance of the Note by the Issuer to the extent required by Section 147(0 of the Code and Section 15.2-4906 of the Virginia Code, and concurs with the resolution adopted by the Issuer on December 7, 2000, to the extent required by Section 15.2-4905 of the Act. 2. The approval of the issuance of the Note does not constitute an endorsement of the Note or the creditworthiness of the Corporation. As required by Section 15.2-4909 of the Act, the Note shall provide that neither the City nor the Roanoke Authority shall be obligated to pay the Note or the interest thereon or other costs incident thereto except fi.om the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the City or the Roanoke Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk CERTIFICATE The undersigned Clerk of the City Council of the City of Roanoke, Virginia (the "Council"), hereby certifies as follows: 1. A regular meeting of the Council was held on December 18, 2000, at which meeting the following duly elected members were present or absent: PRESENT: ABSENT: Attached hereto is a tree, correct and complete copy of a resolution adopted by a majority of the members of the Council present and voting at such. 2. The resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on this date and constitutes the only resolution adopted by the Council relating to the issuance by The Industrial Development Authority of the City of Salem, Virginia, of its revenue note for the benefit of Our Lady of the Valley, Inc. WITNESS the following signature this __ day of December, 2000. [SEAL] Clerk, City Council of the City of Roanoke, Virginia -3- FELDMANN GOODLATFE 210 1st Street SW. Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 540.224.8000 Fax 540.224.8050 gfdg~gfdg corn December 12, 2000 HARWELL M. DARBY, JR. Direct Dial (540) 224-8006 E-mail hdarby~gfdg.¢om HAND DELIVERED Ms. Mary Parker City Council City Clerk's Office 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attn: Ms. Stephanie Moon, Deputy Clerk Re: Industrial Development Authority of the City of Roanoke, Virginia Proposed Financing for Our Lady of the Valley, Inc. Dear Stephanie: I am delivering a pro forma Council packet which includes a pro forma Certificate of Public Hearing, fiscal impact statement, resolution of IDA and proposed resolution of City Council. This is a transaction for additional Bonds for Our Lady of the Valley facility in the City of Roanoke; the additional $3,000,000 in Bonds is being issued through the Industrial Development Authority of the City of Salem as an accommodation to Our Lady of the Valley, Inc. as the City of Roanoke has used all of its so-called "bank-qualified" capacity for the year 2000. Even though the Bonds are being issued by the City of Salem Industrial Development Authority, the City of Roanoke Industrial Development Authority is required by Federal and State law to hold a public hearing and to request that the City Council approve the transaction. The resolution, if adopted by Council at its meeting on December 18, 2000, would constitute the action necessary to approve the transaction. CERTIFICATE OF PUBLIC ~EARING The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), hereby certifies as follows: 1.A meeting of the Authority was duly called and held on December 15, 2000, at 9:30 o'clock a.m., in the Meeting Room of the City of Roanoke Department of Economic Development, 111 Franklin Plaza, Suite 200, Roanoke, Virginia. The meeting was open to the public and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent as follows: PRESENT: Lynn D. Avis Margaret R. Baker William L. Bova Dennis R. Cronk Stark Jones ABSENT: Sydnor W. Brizendine S. Deborah Oyler 2.The Chairman announced the commencement of a public hearing regarding a proposed financing by The Industrial Development Authority of the City of Salem, Virginia, for the benefit of Our Lady of the Valley, Inc., and that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in the City of Roanoke, Virginia (the "Notice"). A copy of the Notice and a certificate of publication of such Notice have been filed with records of the Authority and are attached hereto as Exhibit (i). The individuals identified in Exhibit (ii) appeared and addressed the Authority and a reasonably detailed summary of the statements made at the public hearing is included in Exhibit (ii). The fiscal impact statement required by the Industrial Development and Revenue Bond Act is attached hereto as Exhibit (iii). Attached hereto as Exhibit (iv) is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by the vote of the Directors present and voting at such meeting, with the vote being recorded in the minutes of such meeting as follows: Director Vote Lynn D. Avis Margaret R. Baker William L. Bova Dennis R. Cronk Stark Jones Abstained Aye Aye Aye Aye The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. -2- WI~SS my hand and seal of the Authority this 15th day of December, 2000. t Industrial Deve t Sect ~h Auth e City of Roanoke, VirgJ ( SEAL ) -3- EXHIBIT (i) ;.. Roanok~, Virginia. Tha Roanoke ~UNTON & WILLIAMS 951 E BYRD ~T ~ICHMON1D VA 2~219 Our Lady of ~he Va11 city of ~&noke of th~ T~mes-Woxl~ Corpora=ion, ~ich oor~oFa=ion is publishe= uf ~hm Roanoke Times, a daily . published in sai~ ~e~mpapers on =he Zollo~!~ o~ De~embmz 20OR. Witnmsm my ha~d an~ o~fi~al EXHIBIT (ii) SIIMMARY OF STATEMENTS MADE AT PUBLIC HEARING CONDUCTED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA ON DECEMBER 15, 2000, WITH RESPECT TO FINANCING BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA, FOR OUR LADY OF THE VALLEY, INC. Persons present at the hearing: Robert E. Glenn, Esquire, Glenn, Feldman, Darby & Goodlatte Mr. Glenn described the project to be financed with the proceeds of the proposed bond issue and entertained questions from the Directors of the Authority. No one from the public appeared. FISCAL IMPACT STATEMENT EXHIBIT (iii) December Date Our Lady of the Valley, Inc Applicant Our Lady of the Valley Facility Maximum amount 'of financing sought $3,000,000 Estimated taxable value of the facility's real property to be constructed in the locality $1,940,000 Estimated real property tax per year using present tax rates $3,8002 Estimated personal property tax per year using present tax rates N/A Estimated merchants' capital tax per year using present tax rates N/A a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies w/thin the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $158,000 $40,000 $63,000 $16,000 Estimated number of regular employees on year round basis (FTEs) VAuthority Chairman Industrial Development of AuthoriW of the City of Roanoke, Vir~nia Name of Authority 81. $21,200 ,2000 ~ Financing sought through The Industrial Development Authority of the City of Salem, Virginia, for facility located in the City of Roanoke. 2 The'applicant is exempt from real estate taxation and pays a I0% ser~'ice fee. EXHIBIT (iv) RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA (Our Lady of the Valley, Inc.) WHEREAS, Our Lady of the Valley, Inc. (the "Corporation"), a not-for-profit Virginia nonstock corporation, has requested The Industrial Development Authority of the City of Salem, Virginia (the "Salem Authority"), to issue, pursuant to the Virginia Industrial Development and Revenue Bond Act (the "Act"), its revenue note (the "Note") in the amount of $3,000,000; and W[IEREAS, the proceeds of the Note will be used to finance the construction and equipping of an addition (the "Project") to the Corporation's existing facility for the residence and care for the aged known as Our Lady of the Valley and located in the City of Roanoke, Virginia; and WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), requires in this case that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of the Note is located approve the issuance of such note following a public hearing on the matter; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has held a public hearing as required by Section 147(0 of the Code and Section 15.2-4906 of the Act, and has afforded an opportunity to all persons desiring t° be heard on the question of the proposed issuance of the Note; and WHEREAS, the Authority has previously issued its Residential Care Facility Mortgage Revenue Refunding Bonds (Our Lady of the Valley), Series 1994 (the "1994 Bonds"), pursuant to a Trust Agreement dated as of August 1, 1988, as amended (the "Trust Agreement"), between the Authority and SunTrust Bank, as successor trustee; and WHEREAS, to evidence its obligations in relation to the Note, the Corporation will execute and deliver to the Salem Authority its promissory note in the aggregate principal amount of $3,000,000 (the "Corporation Note"); and WHEREAS, the Corporation Note as parity indebtedness will be equally and ratably secured with the 1994 Bonds under the Trust Agreement as provided therein; and WHEREAS, there have been presented to this meeting the forms of the following instruments which the Authority proposes to execute in connection with the issuance of the Note (collectively, the "Financing Documents): (a) Third Supplemental Trust Agreement dated as of December 1, 2000 (the "Third Supplement"), between the Authority and SunTrust Bank, as successor trustee; and (b) Third Amendment to Agreement of Sale dated as of December 1, 2000 (the "Third Amendment"), between the Authority and the Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. The Authority hereby recommends that the City Council of the City of Roanoke, Virginia, approve the issuance of the Note. 2. The Chairman and the Vice Chairman of the Authority, either of whom may act, are each hereby authorized to execute and deliver the Financing Documents. The Financing Documents shall be in substantially the forms presented to this meeting, which are hereby approved, with such completions, omissions, insertions and changes as the Authority's counsel or the executing officer of the Authority may approve, with execution constituting conclusive evidence of approval of any such completions, omissions, insertions and changes. -2- 3. The officers of the Authority are hereby authorized and directed to execute, deliver and file all documents, certificates and instruments on behalf of the Authority and to take all such further action as may be necessary or desirable in connection with the issuance and sale of the Note. 4. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance of the Note are hereby authorized, ratified and approved. 5. This resolution shall take effect immediately upon its adoption. -3- CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on December 15, 2000, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS the following signature this 15~day of December, 2000. (SEAL) Secret~ry~.fi~.d. ustrial Development ~Au~fiffi~ri~y of the City ~nok~rginia -4- G ENN FELDMANN DARBY GOODLATTE 210 1st Street SW. Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 540.224.8000 Fax 540.224.8050 gfdg@gfdg.com '0O i HARWELL M. DARBY, JR. Direct Dial (540) 224-8006 E-mail hdarby~gfdg.com December 15, 2000 Ms. Mary Parker City Council City Clerk's Office 215 Church Avenue, S.W. Roanoke, Virginia 24011 Atto: Ms. Stephanie Moon, Deputy Clerk Re: Industrial Development Authority of the City of Roanoke, Virginia Proposed Financing for Our Lady of the Valley, Inc. Dear Stephanie: As indicated in our letter dated December 12, 2000 we are now delivering the completed Certificate of Public Hearing and will attend the Council meeting on December 18, 2000 at 2:00 p.m. If there are any questions by Council about the Resolution submitted for its consideration please let me know. Very truly yours, HMDJR:meh:0042104 Harwell M. Darby, Jr. Enclosure cc: William Hackworth, Esq. (w/encl.) CERTIFICATE OF PUBLIC HEARING The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on December 15, 2000, at 9:30 o'clock a.m., in the Meeting Room of the City of Roanoke Department of Economic Development, 111 Franklin Plaza, Suite 200, Roanoke, Virginia. The meeting was open to the public and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent as follows: PRESENT: [Lynn D. Avis, Margaret R. Baker, Sydnor W. Brizendine, William L. Bova, Dennis R. Cronk, S. Deborah Oyler, Stark Jones] ABSENT: 2. The Chairman announced the commencement of a public hearing regarding a proposed financing by The Industrial Development Authority of the City of Salem, Virginia, for the benefit of Our Lady of the Valley, Inc., and that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the heating in a newspaper having general circulation in the City of Roanoke, Virginia (the "Notice"). A copy of the Notice and a certificate of publication of such Notice have been filed with records of the Authority and are attached hereto as Exhibit A. 3. The individuals identified in Exhibit B appeared and addressed the Authority and a reasonably detailed summary of the statements made at the public heating is included in Exhibit B. The fiscal impact statement required by the Industrial Development and Revenue Bond Act is attached hereto as Exhibit C. 4_:. Attached hereto as Exhibit D is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by the unanimous vote of the Directors present and voting at such meeting, with the vote being recorded in the minutes of such meeting as follows: Director Vote Director Vote Lynn D. Avis Margaret R. Baker Sydnor W. Brizendine William L. Bova Dennis R. Cronk S. Deborah Oyler Stark Jones The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and seal of the Authority this __ day of December, 2000. (SEAL) Secretary, Industrial Development Authority of the City of Roanoke, Virginia Exhibits A through D to be attached: A - Copy of Notice, Certified by Newspaper B - Summary of Statements C - Fiscal Impact Statement D - Resolution 2 COPY OF NOTICE, CERTIFIED BY NEWSPAPER EXHIBIT A EXHIBIT B SUMMARY OF STATEMENTS MADE AT PUBLIC HEARING CONDUCTED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA ON DECEMBER 15, 2000, WITH RESPECT TO FINANCING BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA, FOR OUR LADY OF THE VALLEY, INC. FISCAL IMPACT STATEMENT EXHIBIT C FISCAL IMPACT STATEMENT Our Lady of the Valley, Inc Applicant Our Lady of the Valley Facility Maximum amount of financing sought I Estimated taxable value of the facility's real property to be constructed in the locality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality Estimated number of regular employees on year round basis (FTEs) 8. Average annual salary per employee December , 2000 Date $3,000,000 $1,940,000 $3,8002 N/A N/A $158,000 $40,000 $63,000 $16,000 81 $21,200 Authority Chairman Industrial Development of Authority of the City of Roanoke, Virginia Name of Authority ~ Financing sought through The Industrial Development Authority of the City of Salem, Virginia, for facility located in the City of Roanoke. 2 The applicant is exempt from real estate taxation and pays a 10% service fee. RESOLUTION EXHIBIT D RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA (Our Lady of the Valley, Inc.) WHEREAS, Our Lady of the Valley, Inc. (the "Corporation"), a not-for-profit Virginia nonstock corporation, has requested The Industrial Development Authority of the City of Salem, Virginia (the "Salem Authority"), to issue, pursuant to the Virginia Industrial Development and Revenue Bond Act (the "Act"), its revenue note (the "Note") in the amount of $3,000,000; and WHEREAS, the proceeds of the Note will be used to finance the construction and equipping of an addition (the "Project") to the Corporation's existing facility for the residence and care for the aged known as Our Lady of the Valley and located in the City of Roanoke, Virginia; and WHEREAS, Section 147(13 of the Internal Revenue Code of 1986, as amended (the "Code"), requires in this case that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of the Note is located approve the issuance of such note following a public hearing on the matter; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has held a public heating as required by Section 147(13 of the Code and Section 15.2-4906 of the Act, and has afforded an opportunity to all persons desiring to be heard on the question of the proposed issuance of the Note; and WHEREAS, the Authority has previously issued its Residential Care Facility Mortgage Revenue Refunding Bonds (Our Lady of the Valley), Series 1994 (the "1994 Bonds"), pursuant to a Trust Agreement dated as of August 1, 1988, as amended (the "Trust Agreement"), between the Authority and SunTrust Bank, as successor trustee; and WHEREAS, to evidence its obligations in relation to the Note, the Corporation will execute and deliver to the Salem Authority its promissory note in the aggregate principal amount of $3,000,000 (the "Corporation Note"); and WHEREAS, the Corporation Note as parity indebtedness will be equally and ratably secured with thc 1994 Bonds under the Trust Agreement as provided therein; and WHEREAS, there have been presented to this meeting thc forms of the following instruments which the Authority proposes to execute in connection with the issuance of the Note (collectively, the "Financing Documents): (a) Third Supplemental Trust Agreement dated as of December 1, 2000 (the "Third Supplement"), between the Authority and SunTrust Bank, as successor trustee; and (b) Third Amendment to Agreement of Sale dated as of December 1, 2000 (the "Third Amendment"), between the Authority and the Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: :1.. The Authority hereby recommends that the City Council of the City of Roanoke, Virginia, approve the issuance of the Note. 2. The Chairman and the Vice Chairman of the Authority, either of whom may act, are each hereby authorized to execute and deliver the Financing Documents. The Financing Documents shall be in substantially the forms presented to this meeting, which are hereby approved, with such completions, omissions, insertions and changes as the Authority's counsel or the executing officer of the Authority may approve, with execution constituting conclusive evidence of approval of any such completions, omissions, insertions and changes. -2- 3. The officers of the Authority are hereby authorized and directed to execute, deliver and file all documents, certificates and instruments on behalf of the Authority and to take all such further action as may be necessary or desirable in connection with the issuance and sale of the Note. 4. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance of the Note are hereby authorized, ratified and approved. 5. This resolution shall take effect immediately upon its adoption. CERTI~CATE The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on December 15, 2000, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS the following signature this day of December, 2000. (SEA ) Secretary, Industrial Development Authority of the City of Roanoke, Virginia CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 21, 2000 File #60-467 Melinda J. Payne, Chairperson Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: I am enclosing copy of Ordinance No. 35167-121800 amending and reordaining certain sections of the 2000-2001 School Fund Appropriations, providing for appropriation of funds to the following school accounts: $3,700.00 - Regional Literacy Coordinating Committee and $90,279.00 -Individualized Student Alternative Education Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Cindy H. Lee, Clerk, Roanoke City School Board H:~Agendas 2000\Corresp-Budget Dec l S.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2000. No. 35167-121800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education $125,336,533 Regional Literacy Coordinating Committee 2000-01 (1-3) ........... 3,700 Blue Ridge Technical Academy 2000-01 (4-13) .................. 238,900 Revenues Education Regional Literacy Coordinating Committee 2000-01 (14) ........... Blue Ridge Technical Academy 2000-01 (15) .................... $123,585,598 3,700 238,900 1) Postal Services 2) Mileage 3) Office Supplies 4) Compensation of Directors 5) Social Security 6) Retirement - VRS 7) Health Insurance 8) Compensation of Supervisors 9) Supplements (030-060-6737-6451-0521 ) (030-060-6737-6451-0551 ) (030-060-6737-6451-0601 ) (030-060-6819-6100-0114) (030-060-6819-6100-0201 ) (030-060-6819-6100-0202) (030-060-6819-6100-0204) (030-060-6819-6140-0124) (030-060-6819-6140-0129) 2OO 6OO 2,900 40,125 3,070 5,634 1,171 31,886 250 10) Social Security 11 ) Mileage 12) Field Trips 13) Educational and Recreational Supplies 14) State Grant Receipts 15) State Grant Receipts (030-060-6819-6140-0201 ) (030-060-6819-6140-0551 ) (030-060-6819-6140-0583) (030-060-6819-6140-0614) (030-060-6737-1100) (030-060-6819-1100) 2,440 8OO 2,000 2,903 3,700 90,279 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. "~l Melinda J. Payne, Chairman Marsha W. Ellison Brian J. Wishneff Sherman P.' Lea, Vice ChairmanGloria P. Manns E. Wayne Harris, Ed.D., Superintendent ' Charles W. Day Ru~;~:,:Wt mn Cindy H. Lee. Clerk of the Board /Roanoke City .School Board P.O. Box Roanoke, ~jinJa 240'~,~ o¢ ~,~¢a3-2981 · Fax: 540-853-2951 December 13, 2000 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council' The School Board at its December 12 meeting voted to request the Roanoke City Council to appropriate the following funds' $3,700.00 for the Regional Literacy Coordinating Committee established by the Virginia Literacy ]:nitiative to provide literacy coordination services. This new program will be reimbursed one hundred percent by State funds. $90,279.00 for the Individualized Student Alternative Education Program component of the Blue Ridge Technical Academy for vocational assessment, recruitment, and placement services for approximately fifty students with the goal of placing students into the local work force. This continuing program will be reimbursed by State funds. The Board appreciates the approval of this request. Sincerely, Cindy H. Lee, Clerk re cc: Ms. Melinda J. Payne Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene L. Burcham Mr. William M. Hackwor~h Mr. James D. Grisso Mrs. Ann H. Shawver (with accounting details) Preparing Students for Success JAMES D. GRISSO Director of Finance December 18, 2000 CITY OF ROANOKE DEPARTMENT OF 215 Church Avenue, S.W., Room-4:61 ~ R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice Mayor The Honorable William D. Bestpitch, Council Member The Honorable C. Nelson Harris, Council Member The Honorable W. Alvin Hudson, Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt,Council Member Dear Mayor Smith and Members of City Council: We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $3,700.00 for the Regional Literacy Coordinating Committee established by the Virginia Literacy Initiative to provide literacy coordination services. This new program will be reimbursed one hundred percent by State funds. $90,279.00 for the Individualized Student Alternative Education Program component of the Blue Ridge Technical Academy for vocational assessment, recruitment, and placement services for approximately fifty students with the goal of placing students into the local work force. This continuing program will be reimbursed by State funds. We recommend that you concur with this request of the School Board. ylrector of Finance JDG/JSY/pac c; Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools '~t~ Melinda J. Payne, Chairman Sherman P. Lea, Vice Chairman ~-~ Charles W. Day ,,-Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 Marsha W. Ellison Brian J. Wishneff Gloria P. Manns E. W~e Harris, Ed.D. Superintendent Ruth C. Willson ~i ::"' ",~ !i ~indy H. Lee, Cerk of the Board 5~(~0853,238TL~ -'~ ~' · I~ ~,~)-853-2951 December 8, 2000 Hrs. Nary F. Parker, CNC/AAE City Clerk City of Roanoke Roanoke, VA 24011 Dear Mrs. Parker: Please include the enclosed School Board request on City Council's agenda for its December 18 meeting. Thank you for your attention to this matter. Sincerely, Cindy H. Lee, Clerk re Enc. cc: Hrs. Ann H. Shawver Preparing Students for Success MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us December 18, 2000 File #53-467 STEPHANIE M. MOON Deputy City Clerk Melinda J.. Payne, Chairperson Roanoke City School Board 901 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Payne and Ms. Burcham: I am enclosing copy of Resolution No. 35168-121800 authorizing issuance of a General Obligation Qualified Zone Academy Bond, not to exceed $1,291,618.00, for the purpose of financing certain capital equipment for the Roanoke Academy of Mathematics and Science. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. ~~, ~ .~, ~,n~,~.~-.Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: George J. A. Clemo, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125 Roanoke, Virginia 24038-4125 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools H:~Agendas 2000\Corresp Dec 18.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2000. No. 35165-121500. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,291,618 GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BOND (ROANOKE ACADEMY), SERIES 2000, OF THE CITY OF ROANOKE, VIRGINIA, TO BE SOLD TO FIRST UNION NATIONAL BANK AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount not to exceed $1,291,618 and to issue its general obligation "qualified zone academy bond," within the meaning of Section 1397E of the Internal Revenue Code of 1986, as amended (the "Code"), for the purpose of financing certain capital equipment for the Roanoke Academy of Mathematics and Science ("Roanoke Academy"); and WHEREAS, the City held a public hearing, duly noticed, on October 16, 2000, on the issuance of the Bond (as defined below) in accordance with the requirements of Section 15.2- 2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the City has by resolution approved, and has requested the Council to authorize, the issuance of the Bond; and WHEREAS, there have been presented to the Council the forms of the following instruments: (a) Bond Purchase Agreement, dated as of December 1, 2000 (the "Agreement"), between the City, First Union National Bank (the "Bank") and the Bank as escrow agent; and (b) The Bond. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bond and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation qualified zone academy bond in an aggregate principal amount not to exceed $1,291,618 (the "Bond") for the purpose of financing certain capital equipment for Roanoke Academy. The Council hereby R.E.# 0673746.W.D. C/M: 900000-00001-01 authorizes the issuance and sale of the Bond in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bond. It is determined to be in the best interest of the City to accept the offer of the Bank to purchase from the City, and to sell to the Bank, the Bond at a price of par upon the terms established pursuant to this Resolution and the Agreement. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into the Agreement providing for the sale of the Bond to the Bank, in substantially the form submitted to the Council at this meeting, which form is hereby approved. 3. Details of the Bond. The Bond shall be issued in fully registered form; shall be dated the date of issuance and delivery of the Bond (the "Closing Date"); shall be designated "General Obligation Qualified Zone Academy Bond (Roanoke Academy), Series 2000; shall mature on the thirteenth anniversary of the Closing Date, subject to the provision of Section 4 of this Resolution and shall have such other terms and conditions as contained in the form of the Bond attached as Attachment 1 to the Agreement. 4. Maturity Date. The City Manager is hereby authorized and directed to accept a change in the final maturity date of the Bond, at the request of the Bank, to reflect the longest maturity permitted under applicable law on the Closing Date for "qualified zone academy bonds" within the meaning of Section 1397E of the Code. The execution and delivery of the Bond as described in Section 6 hereof shall conclusively evidence such maturity date established by the Bank as having been so accepted as authorized by this Resolution. 5. Desiltnation as Qualified Zone Academy Bond. On behalf of the City, the Council hereby designates the Bond as a "qualified zone academy bond" for the purposes of Section 1397E of the Code. 6. Form of the Bond. The Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached as Attachment 1 to the Agreement. 7. Prepayment. The Bond is subject to prepayment at the option of the City as provided in the Agreement. 8. Execution and Delivery_ of the Bond. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the bond and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of the Bond and all payments under the Agreement as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while the Bond shall be R.E.# 0673746.W.D. C/M: 900000-00001-01 outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of the Bond and other payments due under the Agreement as such principal and other payments shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Tax Compliance Certificate. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Tax Compliance Agreement setting' forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Code and applicable regulations relating to the status of the Bond as a "qualified zone academy bond" within the meaning of Section 1397E of the Code (a "QZAB"). The Council covenants on behalf of the City that (a) the proceeds from the issuance and sale of the Bond, including any investment earnings thereon, will be invested and expended as set forth in such Tax Compliance Certificate and that the City shall comply with the other covenants and representations contained therein, and (b) the City will comply with the provisions of the Code to the extent necessary to ensure that the Bond continues to qualify as a QZAB. 11. Filing of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 12. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bond and any such action previously taken is hereby ratified and confirmed. 13. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on December 18, 2000, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: R.E.# O673746.W.D. 900000-00001-01 Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Lynda F. Wyatt Present Absem Aye Nay ? Abstain WITNESS MY BANI) and the seal of the City of Roanoke, Virginia, this December, 2000. day of Clerk, City of Ro~oke, Virginia R.E.# 0673746.W.D. C~: 9(XX)OO-(X~01-01 GEORGE J. A. CLEMO 540 983-7728 INTERNET: ¢lemo(~woodsrogers.com WOODS, ROGERS & HAZLEGROVE Attorneys at Law December 7, 2000 Willam M. Hackworth, Esq. City Attomey 464 Municipal Building 215 Church Ave., SW Roanoke, VA 24011-1595 In Re: City of Roanoke, Virginia $1,291,618 General Obligation Qualified Zone Academy Bond (Roanoke Academy) Series 2000 Dear Bill: Please place the attached resolution authorizing the issuance of the above Qualified Zone Academy Bond for the Roanoke Academy for Mathematics and Science on City Council's agenda for its December 18, 2000, meeting. This bond financing must close before the end of the year, and it is my understanding that Council's December 18 meeting is its last meeting of the year. I have previously provided Elizabeth Dillon and Leisha Cook with e-mail copies of the attached resolution, as well as the Bond Purchase Agreement (which includes the form of the Bond). For your information I also attach copies of those documents to this letter. Finally, I attach a fact sheet on Qualified Zone Academy Bonds to assist with any questions that Council members may have. If you have any questions, please do not hesitate to call. Best regards. Encl. CC' A. Clemo Richard L. Kelley (w/o encl.) Elizabeth K. Dillon (w/o encl.) RKE# 0675608.WPD C/M: 077826-00037-01 P. O. Box 14125 / Roanoke, Virginia 24038-4125 10 South Jefferson Street, Suite 1400 / Roanoke, Virginia 24011 540 983-7600 / Fax 540 983-7711 Internet -- rnail~oodsrogers.com Offices also in Charlottesville, Danville and Richmond, Virginia QUALIFIED ZONE ACADEMY BOND FACT SHEET ROANOKE ACADEMY PROJECT General. Under the Internal Revenue Code, beginning in 1998 state and local governments have been authorized to issue a limited amount of"qualified zone academy bonds" (referred to as QZABs) to finance certain specific projects, such as rehabilitation, repair, course materials, teacher training and equipment, for the benefit of qualifying public schools (such as Roanoke Academy) located in low income areas. The City, as issuer of the bond, pays no interest to the holder of the QZAB, so it is an interest-free loan for the City. Instead of interest, the holder of the QZAB is entitled to a specified tax credit for each year it holds the QZAB. The amount of the tax credit applicable to any payt, ?,ula,r,QZ,ABjsfixe, d as of the dale of. issuance of that QZAB, and is equal to the QZAB rate puonsnea oy tne ~eaera~ government tier the issuance date (the annual QZAB tax credit rate currently in effect is 7.55%). The federal government also establishes the maximum permissible maturity for QZABs (it is currently 13 years). Thus, in essence, the federal government is subsidizing the entire interest cost of the loan with the tax credit. The QZAB is a general obligation of the local government issuer and counts against the issuer's overall debt limit. QZABs may only be purchased by banks, insurance companies and certain other financial companies. Volume Limits. The law that provides for QZABs also limits the total amount of QZABs each state can issue in a calendar year. Further, at this time the law authorizing QZABs to be issued will expire after 2001, unless Congress extends the program for an additional period. Virginia's allocation of QZAB issuance authority for 2000 is approximately $8.5 million. The Virginia Department of Education has the authority to allocate that QZAB issuance authority to local school boards, and has notified Roanoke City Schools that it has allocated $1,291,618 of Virginia's 2000 QZAB issuance authority to Roanoke Academy. This allocation is for 2000 only, so the QZAB for Roanoke Academy must be issued by December 31, 2000, otherwise the allocation will lapse and does not carry over to 2001. The state will have additional QZAB issuance authority for 2001to allocate to localities, but the City would have to reapply and there is no assurance of receiving a QZAB allocation fi.om the Department of Education in 2001. Private Business Contribution Requirement. One of the requirements applicable to QZABs is that the school for which the QZAB will be issued must obtain written commitments from private businesses and individuals for contributions of certain goods and services with a combined present value of at least 10% of the amount of the QZAB. In the case of the Roanoke Academy QZAB, this mean.s, that Roanoke Academy must obtain at least $129,162 in commitments for private contributions of goods and services in order to be able to issue the proposed $1,291,618 QZAB. To date, Roanoke Academy has receive written commitments for goods and services fi.om individuals and businesses totaling approximately $150,000, so this requirement has been satisfied. The Roanoke Academy QZAB. The QZAB to be issued for Roanoke Academy will be in the principal amount of $1,291,618 and will be used to acquire certain equipment for the school. The QZAB will be sold to First Union National Bank for a price equal to the face amount of the bond. The City will make annual sinking fund payments equal to one thirteenth of the principal amount of the bond. The sinking fund payments will be used at maturity (the thirteenth anniversary of the date o£issuanee) to pay the principal of the bond. There are no interest payments. RKE# 0674876.WPD C/M: 077826-00037.-01 BOND PURCHASE AGREEMENT Between CITY OF ROANOKE, VIRGINIA, and FIRST UNION NATIONAL BANK, Dated as of December 1, 2000 Recitals TABLE OF CONTENTS Section 2.1. Section 2.2 Page ARTICLE I .Definitions and Rules of Construction Section 1.1. Definitions ............................... 1- Section 1.2. Rules of Construction ........ ' ........................ -3- ARTICLE II Representations, Findings and Designation Representations, Findings, Certifications and Designation by Ci_ty ........... -4- Representations and Covenant by the Bondholder ........................ -6- ARTICLE III Section 3.1. Section 3.2. Issuance of Bond Sale and Purchase of Bond Conditions Precedent to Delivery_ of Bond ARTICLE IV Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Sinking Fund .Creation of Sinking Fund; Effect of Sinking Fund Payments ............... -7- Payments into Sinking Fund ......................................... -8- Use of Moneys in Sinking Fund ...................................... -8- .Investment of Sinking Fund Moneys .................................. -8- Repayment to City from Funds ....................................... -8- ARTICLE V Section 5.1. Section 5.2. _Payments Amounts Payable ............................... 8- Unconditional Obligations ................. ' .................. -9- RKE# 0674225.VVPD C/M: 077826-00000-01 -i- ARTICLE VI Special Covenants Section 6.1. Section 6.2. Section 6.3. Maintenance of Status as Qualified Zone Academy Bond .................. -9- Tax Compliance Agreement ........................................ - 10- References to Bond Ineffective after Bond Paid ......................... -10- ARTICLE VII Events of Default and Remedies Section 7.1. Event of Default ................................................. -10- Section 7.2. Remedies on Default .............................................. - 10- Section 7.3. No Remedy Exclusive Section 7.4. Counsel Fees and Other Expenses ................................... -11- Section 7.5. No Additional Waiver Implied by One Waiver .......................... -11- ARTICLE VIII Prepayment Section 8.1. Option to Prepay ................................................. - 11- ARTICLE IX Miscellaneou____.__ss Section 9.1. Term of Agreement ............................................... - 12- Section 9.2. Successors and Assiens Section 9.3. Severability ............................................ - 12- Section 9.4. Applicable Law; Entire Understanding ................................ -12- Section 9.5. _.Counterparts Section 9.6. Notices .................................................... -12- .............. -12- Section 9.7. Limitation of City' s Liabilit~ ........................................ - 13- RKE# 0674225.VVPD C/M: 077826-00000-01 -ii- THIS BOND PURCHASE AGREEMENT, made as of the first day of December, 2000, between the CITY OF ROANOKE, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (the "City"), and FIRST UNION NATIONAL BANK, a national banking association, its successors and assigns (the "Bondholder"); WITNESSETH: WHEREAS, the City intends to issue and sell the Bond (as hereinafter defined) to the Bondholder as a "qualified zone academy bond" within the meaning of Section 1397E of the Internal Revenue Code of 1986, as amended, to provide for the financing by the City of costs to be incurred in connection with the Project (as hereinafter defined) in the City; and WHEREAS, to ensure timely payment of the Bond at maturity, the City has agreed to make annual sinking fund payments to be held in a sinking fund for the Bond; and WHEREAS, the City and the Bondholder desire to set forth the terms and conditions with respect to such financing; NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I Definitions and Rules of Construction Section 1.1. Definitions. In addition to other terms defined elsewhere in this Agreement, the following terms shall have the following meanings in this Agreement unless the context otherwise requires: "Agreement" shall mean this Bond Purchase Agreement, including any amendments hereto. "Authorized Representative" shall mean any person designated to act on behalf of the City by certificate signed by the Mayor, Vice Mayor or City Manager of the City, or by the Superintendent of the Roanoke City School Division and filed with the Bondholder. "Bond" shall mean the General Obligation Qualified Zone Academy Bond (Roanoke Academy), Series 2000, issued by the City pursuant to this Agreement, in the principal amount of $1,291,618, in substantially the form attached hereto as Attachment 1. "Bond Counsel" shall mean Woods, Rogers & Hazlegrove, P.L.C. or other nationally recognized bond counsel satisfactory to the Bondholder. RKE# 0674225.WPD C/M: 077826-00000-01 "Bondholder" shall mean First Union National Bank, as holder of the Bond, or any subsequent holder thereof. "City" shall mean the City of Roanoke, Virginia. "City Manager" shall mean the City Manager of the City. "Closing Date" shall mean the date of issuance and sale of the Bond. "Code" shall mean the Internal Revenue Code of 1986, as amended, including applicable regulations and revenue rulings thereunder. "Cost of the Project" shall mean the following: (a) The cost of labor, materials, machinery and equipment as payable to contractors, builders, materialmen and suppliers in connection with the Project; (b) Reimbursement to the City for any of the costs described in (a), which were paid by it, whether before or after the execution of this Agreement. Notwithstanding the foregoing, Cost of the Project shall not include any costs paid or incurred prior to the date 60 days before the date the Authority adopted the Reimbursement Resolution, other than preliminary expenditures (as defined in Treasury Regulations Section 1.150-2(0(2)) which are attributable to the Project and do not exceed 20% of the issue price of that portion of the Bond that finances the Project. Cost of the Project also shall not include any of the foregoing costs other than those which constitute capital expenditures (as such term is used for purposes of Treasury Regulations Section 1.150-2(d)(3)) or costs of issuance (as such term is used for purposes of Treasury Regulations Section 1.150-2(d)(3)) of the Bond. "Council" shall mean the City Council of the City. "Event of Default" shall mean any of the events set forth in Section 7.1. "Financing Instruments" shall mean this Agreement, the Tax Compliance Agreement and the Bond. "Payment Date" shall mean each anniversary of the Closing Date, beginning with the first such anniversary and ending with the thirteenth such anniversary. "Payment of the Bond" shall mean payment in full of the Bond and all other amounts due hereunder from the City. RKE# 0674225.WPD C/M: 077826-00000-01 -2- "Proceeds" shall mean the purchase price of the Bond paid to the City pursuant to Section 3.1 hereof, together with any investment earnings earned thereon by the City, prior to expenditure on Costs of the Project or on Reimbursable Expenditures. "Project" shall mean capital equipment for use at Roanoke Academy and any other "qualified purpose" within the meaning of Section 1397(E)(d)(5) of the Code. "Reimbursable Expenditure" shall mean an expenditure which was paid by the City prior to the Closing Date and is a part of the Cost of the Project. "Reimbursement Resolution" shall mean the resolution adopted by the City authorizing the execution and delivery of the Bond, relating to the Bond and the reimbursement of Reimbursable Expenditures from the proceeds thereof. "Roanoke Academy" shall mean the Roanoke Academy for Mathematics and Science, Roanoke, Virginia. "School Board" shall mean the Roanoke City School Board. "Sinking Fund" shall mean the sinking fund established by Section 4.1 of this Agreement. "Sinking Fund Installment" for any Payment Date shall mean the amount set forth on Attachment 2 for such date. "Tax Compliance Agreement" shall mean the Tax Compliance Agreement, of even date herewith, between the City and the School Board. "Virginia Code" shall mean the Code of Virginia 1950, as amended. Section 1.2. Rules of Construction. The following rules shall apply to the construction of the Financing Instruments unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa, and any gender shall connote any other gender. (b) All references in a Financing Instrument to particular articles or sections are references to articles or sections of such Financing Instrument unless otherwise indicated. (c) The headings and Table of Contents in any Financing Instrument are solely for convenience of reference and shall not constitute a part of such Financing Instrument, nor shall they affect its meaning, construction or effect. RKE# 0674225.WPD C/M: 077826-00000-01 -3- (d) Words importing the prepayment or calling for prepayment of the Bond shall not be deemed to refer to or connote the payment of the Bond at its stated maturity. (e) All accounting terms used in any Financing Instrument which are not expressly defined therein shall have the meanings respectively given to them in accordance with generally accepted accounting principles. All financial computations made pursuant to any Financing Instrument shall be made in accordance with generally accepted accounting principles consistently applied, and all balance sheets and other financial statements shall be prepared in accordance with generally accepted accounting principles consistently applied. ARTICLE II Representations, Findings and Designation Section 2.1. Representations, Findings, Certifications and Designation by Ci _ty. The City makes the following representations, findings, certifications and designation as the basis for its undertakings hereunder: (a) This Agreement and the Bond have been duly authorized, executed and delivered by the City and constitute legal, valid and binding obligations of the City, enforceable in accordance with their terms. (b) No further approval, consent or withholding of objection on the part of any regulatory body, federal, state or local, is required in connection with (i) the issuance and delivery of the Bond by the City, or (ii) the execution or delivery of, or compliance by the City with the terms and conditions of, the other Financing Instruments to which it is a party. (c) No litigation, inquiry or investigation of any kind in or by any judicial or administrative court or agency is pending or, to the knowledge of the City, threatened against the City with respect to (i) the organization or existence of the City, (ii) its authority to execute or deliver the Financing Instruments to which it is a party, (iii) the validity or enforceability of any such Financing Instruments or the transactions contemplated thereby, (iv) the title of any officer of the City who executed such Financing Instruments, or (v) any authority or proceedings related to the execution and delivery of such Financing Instruments on behalf of the City, and no such authority or proceedings have been repealed, revoked, rescinded or amended but are in full force and effect. (d) Roanoke Academy is (i) a public school established by and operated under the supervision of the School Board to provide education or training below the postsecondary level; (ii) designed in cooperation with business to enhance the academic curriculum, increase graduation and employment rates and better prepare students for the rigors of college and the workplace; (iii) a school in which students will be subject to the same academic standards and RKE# 0674225.VVPD C/M: 077826-00000-01 -4- assessments as other students educated by the School Board; and (iv) a public school with a comprehensive education plan that has been approved by the School Board. (e) The City reasonably expects that (as of the Closing Date) at least 35% of the students attending Roanoke Academy will be eligible for free or reduced-cost lunches under the school lunch program established under the Richard B. Russell National School Lunch Act. (f) The City intends to use the capital equipment comprising the Project at Roanoke Academy and to operate Roanoke Academy, or cause it to be operated, as a "qualified zone academy" within the meaning of Section 1397E of the Code until the Payment of the Bond. The cost of the Project is not less than the proceeds of the Bond and any expected investment earnings thereon. (g) The City hereby designates the Bond as a "qualified zone academy bond" for the purposes of Section 1397E of the Code. (h) The City hereby certifies that it has written assurances that the private business contribution requirement of paragraph (2) of Section 1397E (d) (1) of the Code will be met with respect to Roanoke Academy. (i) The City hereby certifies that the School Board, as the "eligible local education agency" within the meaning of Section 1397E of the Code, has given written approval for the issuance of the Bond. (j) The City reasonably expects, and reasonably expected at the time that the Reimbursement Resolution was adopted by the City, that the Reimbursable Expenditures will be reimbursed to the City from the proceeds of the Bond or other debt to be incurred by the City. (k) The execution and delivery of, and compliance by the City with the terms and conditions of, the Financing Instruments to which it is a party will not conflict with, or constitute or result in a default under or violation of, (i) any agreement or other instrument to which the City is a party or by which it or its property is bound, (ii) the City's charter or any constitutional or statutory provision or order, rule, regulation, decree or ordinance of any court, government or governmental authority having jurisdiction over the City or its property, or (iii) any code, ordinance or resolution adopted by the City. (1) No Financing Instrument nor any information (financial or otherwise) furnished by or on behalf of the City in connection with the negotiation or the sale of the Bond contains any untrue statement of a material fact or omits (when considered together with all information furnished) a material fact necessary to make the statements contained therein, in the light of the circumstances in which they were made, not misleading. There is no fact that the City has not disclosed in writing to the Bondholder that materially affects adversely or, so far as the City can now foresee, based on facts known to it, will have a material adverse effect on the RKE# 0674225.WPD C/M: 077826-00000-01 -5- properties, business, prospects, profits or condition (financial or otherwise) of the City or the ability of the City to perform its obligations under the Financing Instruments. There has been no material adverse change in the financial condition of the City during the period between the date of the most recent financial statements for the City previously furnished to the Bondholder and the Closing Date. Section 2.2 Representations and Covenant by the Bondholder . The Bondholder makes the following representations and covenant, as the basis for its undertakings under this Agreement: (a) The Bondholder represents that it is purchasing the Bond for its own account for investment purposes only and that the Bondholder has no present intention of reselling or disposing of the Bond or engaging in any "distribution" thereof (as that term is used in the Securities Act of 1933, as amended, and the regulations of the Securities and Exchange Commission relating thereto); provided, however, that the Bondholder shall at all times have the right to resell or otherwise dispose of all or a portion of the Bond as permitted by law and subject to applicable state and federal securities laws, regulations and rulings. The Bondholder represents that it is familiar with the operations and financial condition of the City based upon information furnished to the Bondholder by the City and has made such inquiries as it deems appropriate in connection with the purchase of the Bond. (b) The Bondholder shall not assign or offer the Bond, or any participation therein, for sale in any state of the United States without first (a) either (i) taking all necessary action to qualify the Bond for offer and sale under the securities and "Blue Sky" laws of the United States and such state or (ii) determining that no such action is necessary because of a registration exemption or exemptions, and (b) providing to the purchaser of the Bond, or any participant therein, all material information in the Bondholder's possession necessary to evaluate the risks and merits of the investment represented by the purchase of or participation in the Bond. ARTICLE III Issuance of Bond Section 3.1. Sale and Purchase of Bond. The City shall issue and sell the Bond to the Bondholder, and the Bondholder shall purchase the Bond, for a purchase price equal to 100% of the principal amount of the Bond, all upon the terms and conditions set forth herein. The Bond shall be in substantially the form attached hereto as Attachment 1. Section 3.2. Conditions Precedent to Delivery of Bond. The Bondholder shall be required to accept delivery of the Bond only upon delivery to it, in form and substance satisfactory to it, of the following: RKE# 0674225.VVPD C/M: 077826-00000-01 -6- (a) Executed copies of the Financing Instruments. (b) Evidence of the due authorization, execution and delivery of the Financing Instruments by the City. (c) The written opinion of Woods, Rogers & Hazlegrove, P.L.C. that the Bond has been validly issued by the City and, subject to customary exceptions, that the Bond is a "qualified zone academy bond" within the meaning of Section 1397E of the Code. (d) Such other documentation, certificates and opinions as may be reasonably required by the Bondholder. ARTICLE IV Sinking Fund Section 4.1. Creation of Sinking Fund; Effect of Sinking Fund Payments. (a) There is hereby established a sinking fund designated "City of Roanoke, Virginia Sinking Fund; Roanoke Academy, 2000." All moneys deposited in the Sinking Fund shall be held by the Bondholder in custody and in escrow for the benefit of the Bondholder and any successor holders of the Bond and is irrevocably pledged to secure payment of the principal of the Bond. (b) The Bondholder agrees that, upon the receipt by the Bondholder of each Sinking Fund Installment, a principal amount of the Bond equal to the amount of that Sinking Fund Installment (without any reduction for investment earnings provided in Section 4.2 hereof) shall be deemed defeased and that the Bondholder will look only to the amounts in the Sinking Fund for payment of such principal amount of the Bond. The Bondholder agrees to accord such treatment to each Sinking Fund Installment and the principal amount of the Bond associated with each such Sinking Fund Installment notwithstanding any investment losses in the Sinking Fund. The Bondholder shall assure that any subsequent registered owner of the Bond expressly acknowledges and agrees to be bound by the terms of this subsection (b). (c) The City stipulates and agrees that each Sinking Fund Installment represents a payment of "principal" on a "general obligation bond" of the City within the meaning of Section 15.2-2659 of the Virginia Code. The City agrees that the Bondholder may take any and all actions available to it under Section 15.2-2659 of the Virginia Code to secure payment of the principal of the Bond and the Sinking Fund Installment provided for above, if payment of such amounts shall not be made when the same become due and payable. (d) There is hereby created a security interest in the moneys and investments in the Sinking Fund for the benefit of the Bondholder, upon the terms and conditions provided herein, and this Agreement shall be deemed a security agreement with respect to such security interest. The Bondholder shall hold such moneys and investments as collateral security for the payment RKE# 0674225.WPD C/M: 077826-00000-01 -7- of the Bond, and the City shall have no right to any such moneys or investments until such time as the Bond shall have been paid in full. Upon the occurrence and continuation of an Event of Default, the Bondholder shall have all rights and may exercise all remedies available to a secured party under the Uniform Commercial Code of Virginia, as amended, with respect to the moneys and investments held in the Sinking Fund. Section 4.2. Payments into Sinking Fund. On each Payment Date to and including the Payment Date in 2013, the City shall deposit with the Bondholder the amount of the Sinking Fund Installment set forth for such Payment Date on Attachment 2 hereto. Each such Sinking Fund Installment shall be reduced by the investment earnings, if any, on the Sinking Fund for the preceding year. The Bondholder shall, immediately upon receipt, credit to the Sinking Fund all such deposits and investment earnings. Section 4.3. Use of Moneys in Sinking Fund. Moneys in the Sinking Fund shall be used by the Bondholder solely for the payment of the principal of (whether at maturity, by acceleration, by prepayment or otherwise) the Bond. Section 4.4. Investment of Sinking Fund Moneys. All moneys held in the Sinking Fund shall be separately invested and reinvested by the Bondholder in legal investments for public sinking funds under the laws of the Commonwealth of Virginia at the request of and as directed by the City, and subject to the approval of the Bondholder, which approval may be withheld for any reason at the sole discretion of the Bondholder. All such investments shall be held by or under the control of the Bondholder and while so held shall be deemed a part of the Sinking Fund. The interest accruing thereon and any profit realized from such investments shall be credited to the Sinking Fund, and any loss resulting from such investments shall be charged to the Sinking Fund. The Bondholder shall sell and reduce to cash a sufficient amount of such investments whenever the cash balance in the Sinking Fund is insufficient for its purposes. Section 4.5. Repayment to City from Funds. After Payment of the Bond and payment of all amounts due under this Agreement, all amounts remaining in the Sinking Fund shall be paid to the City. ARTICLE V Payments Section 5.1. Amounts Payable. (a) The City shall make all payments required under the Bond and this Agreement, as and when the same become due (whether at maturity, by acceleration or otherwise), in lawful money of the United States of America at the address of the RKE# 0674225.WPD C/M: 077826-00000-01 -8- Bondholder set forth in Section 9.6 or at such other place as the Bondholder may direct in writing. (b) The City shall pay (i) the reasonable fees and expenses of the Bondholder and counsel to the Bondholder (not to exceed in the aggregate $7,500) and of bond counsel and all other costs, fees and expenses incidental to the financing hereunder, the issuance of the Bond and the costs of producing the Financing Instruments, (ii) all taxes of any kind whatsoever lawfully assessed, levied or imposed with respect to the transactions contemplated by this Agreement, and (iii) all costs of collection (including reasonable counsel fees) in the event of a default in the payment of the principal of the Bond or other amounts payable under this Agreement. Section 5.2. Unconditional Obligations. The obligations of the City to make payments required under the Bond and this Agreement and to perform and observe all other covenants, conditions and agreements hereunder shall be general obligations of the City and shall be absolute and unconditional, irrespective of any defense or any rights of setoff, recoupment or counterclaim the City might otherwise have against the Bondholder. Nothing in this section shall be construed as a waiver by the City of any rights or claims it may have against the Bondholder under this Agreement or otherwise, but any recovery upon such rights and claims shall be had from the Bondholder separately. Subject to Section 8.1, the City shall not suspend or discontinue any such payment hereunder or fail to observe and perform any of its other covenants, conditions and agreements under the Financing Instruments for any cause, including without limitation any acts or circumstances that may constitute failure of consideration, failure of title to any part or all of the Project, or commercial frustration of purpose, or any damage to or destruction of all or any part of the Project, or any change in the tax or other laws of the United States of America, Commonwealth of Virginia or any political subdivision of either, or any failure of the Bondholder to observe and perform any covenant, condition or agreement, whether express or implied, or any duty, liability or obligation contained in or arising out of or in connection with any Financing Instrument. ARTICLE VI Special Covenants Section 6.1. Maintenance of Status as Qualified Zone Academy Bond (a)The City shall not cause or permit any Proceeds to be expended except pursuant to this Agreement and the Tax Compliance Agreement. The City shall not (i) cause or permit the Proceeds to be expended in any way that would result in more than 5% of the Proceeds being used (directly or indirectly) for a purpose other than a "qualified purpose with respect to a qualified zone academy" within the meaning of Section 1397E of the Code, or (ii) take or omit to take any other action with respect to the use of such Proceeds if the taking of or omission to take such action would result in the RKE# 0674225.WPD C/M: 077826-00000-01 -9- Bond not being, or ceasing to be, a "qualified zone academy bond" within the meaning of Section 1397E of the Code. (b) The City shall use the Project, or cause it to be used, in connection with a public school located within the City that is a "qualified zone academy" with the meaning of Section 1397E of the Code until Payment of the Bond. (c) Any provision of this section shall be of no further effect if and to the extent that compliance with such provision is, in the opinion of Bond Counsel, expressed in an opinion of counsel, satisfactory to the Bondholder, delivered to the Bondholder and the City, not necessary to insure that the Bond is or remains a "qualified zone academy bond" within the meaning of Section 1397E of the Code. Section 6.2. Tax Compliance Agreement. The City will enter into the Tax Compliance Agreement with the School Board, and shall comply with the terms thereof. Section 6.3. References to Bond Ineffective after Bond Paid. Upon Payment of the Bond, all references in this Agreement to the Bond shall be ineffective, and the Bondholder shall thereafter have no rights hereunder, except as explicitly provided herein. ARTICLE VII Events of Default and Remedies Section 7.1. Event of Default. Each of the following shall be an Event of Default: (a) Failure of the City to make any Sinking Fund Installment or payment of the principal of the Bond when due and the continuation of such failure for fifteen days. (b) Failure of the City to observe or perform any of its other covenants, conditions or agreements hereunder for a period of 30 days after notice (unless the City and the Bondholder shall agree in writing to an extension of such time prior to its expiration) specifying such failure and requesting that it be remedied, given by the Bondholder to the City, or in the case of any such default that can be cured but cannot with due diligence be cured within such 30- day period, failure of the City to proceed promptly to cure the same and thereafter prosecute the curing of the same with due diligence. Section 7.2. Remedies on Default. Upon the occurrence and continuation of an Event of Default, the Bondholder may: (a) Declare all payments hereunder and under the Bond to be immediately due and payable, whereupon the same shall become immediately due and payable. RKE# 0674225.WPD C/M: 077826-00000-01 - I 0- (b) Take whatever action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or under the Bond or to enforce observance or performance of any covenant, condition or agreement of the City under the Financing Instruments. The Bondholder shall give notice to the City of the exercise of any of the rights or remedies under this section (i) in writing in the manner provided in Section 9.6 and (ii) by telephone or telegram, provided that failure to give such notice by telephone or telegram shall not affect the validity of the exercise of any right or remedy under this section. Any balance of the moneys collected pursuant to action taken under this section remaining after payment of all costs and expenses of collection and amounts due hereunder shall be paid to the Bondholder and applied toward the principal of the Bond then due and payable, provided that after Payment of the Bond and payment of all other sums required by applicable law any such balance shall be paid to the City. Section 7.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Bondholder is intended to be exclusive of any other remedy, and every remedy shall be cumulative and in addition to every other remedy herein or now or hereafter existing at law, in equity or by statute. No delay or failure to exercise any right or power accruing upon an Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, and any such right or power may be exercised from time to time and as often as may be deemed expedient. Section 7.4. Counsel Fees and Other Expenses. The City shall on demand pay to the Bondholder the reasonable counsel fees and other reasonable expenses incurred by the Bondholder in the collection of payments hereunder upon an Event of Default. Section 7.5. No Additional Waiver Implied by One Waiver. If any party or its assignee waives a default by any other party under any covenant, condition or agreement herein, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. ARTICLE VIII Prepayment Section 8.1. Option to Prepay. The Bond may be prepaid in whole but not in part at the option of the City on the first business day after any Payment Date. The City must give not less than 30 days written notice of prepayment. Prepayment of the Bond in full shall discharge the City from its obligations under this Agreement, but only if such prepayment shall constitute Payment of the Bond. RKE# 0674225.WPD C/M: 077826-00000-01 - ] 1 - ARTICLE IX Miscellaneous Section 9.1. Term of Agreement. This Agreement shall be effective upon execution and delivery hereof. Subject to earlier satisfaction upon prepayment of all of the City's obligations hereunder pursuant to Section 8.1 and the making in full of all other payments due and payable at the date of such prepayment, the City's obligations hereunder shall expire on the date provided in the Bond for the final payment of principal thereon, or if all payments have not been made on such date, when all payments shall have been made. Section 9.2. Successors and Assigns. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. No assignment by the City shall relieve the City of its obligations hereunder. Section 9.3. Severability. If any provision of this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 9.4. Applicable Law; Entire Understanding. This Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. The Financing Instruments express the entire understanding and all agreements between the parties and may not be modified except in a writing signed by the parties. Section 9.5. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, and all of which together shall constitute but one and the same instrument. Section 9.6. Notices. Except as may otherwise be provided herein, all demands, notices, approvals, consents, requests and other communications hereunder and under the other Financing Instruments shall be in writing and shall be delivered or given by certified mail, postage prepaid, or overnight courier addressed as follows: (a) (b) RKE# 0674225.WPD C/M: 077826-00000-01 If to the City, at: 40 Douglass Avenue, N.W. Roanoke, Virginia 24012 Attn: Assistant Superintendent for Operations; If to the Bondholder, at: One First Union Center 301 South College Street -12- 7th Floor Charlotte, North Carolina 28288-0612 Attn: Municipal Finance Group. The City and the Bondholder may, by notice given hereunder, designate any further or different addresses to which subsequent demands, notices, approvals, consents, requests and other communications shall be sent or persons to whose attention the same shall be directed. Section 9.7. Limitation of City's Liabili _ty. In the absence of fraud or misconduct, no present or future official, officer, employee or agent of the City shall be liable personally in respect of this Agreement or the Bond or for any other action taken by such individual pursuant to or in connection with the financing provided for in this Agreement or the Bond. IN WITNESS WHEREOF, the City and the Bondholder have caused this Agreement to be executed in their respective names, all as of the date first above written. CITY OF ROANOKE, VIRGINIA By Mayor By¸ City Manager FIRST UNION NATIONAL BANK By Vice President RKE# 0674225.WPD C./M: 077826-00000-01 NO. R-1 ATTACHMENT 1 $1,291,618 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation Qualified Zone Academy Bond (Roanoke Academy), Series 2000 The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to FIRST UNION NATIONAL BANK (together with any successor registered holder of this Bond, the "Bondholder") the principal amount of ONE MILLION TWO HUNDRED AND NINETY ONE THOUSAND SIX HUNDRED AND EIGHTEEN DOLLARS ($1,291,618), on December __, 2013, (the "Maturity Date") subject to prepayment as hereinafter provided. Principal of this Bond is payable in lawful money of the United States of America. This Bond shall bear no interest. If a date fixed for payment or prepayment of the Bond is not a business day for banks in the Commonwealth of Virginia, then such payment shall be made in immediately available funds at or before 11:00 a.m. on the business day next succeeding the scheduled payment date or date fixed for prepayment. Upon receipt by the registered owner of this Bond of said payments, the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the City for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of this Bond. The resolution adopted by the City Council authorizing the issuance of the Bond provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. All references to payment of this Bond shall be deemed to include all of the City's payment obligations (including sinking fund installments) under the Bond Purchase Agreement, dated as of December 1, 2000 (the "Agreement"), between the Bondholder and the City. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council of the City and the School Board of the City to provide funds for capital equipment to be used at the Roanoke Academy for Mathematics and Science. RKE# 0674225.WPD C/M: 077826-00000-01 This Bond may be exchanged without cost, on twenty (20) days written notice to the City from the Bondholder, on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, except for one denomination, which may be less than $5,000, and in any case, having an equal aggregate principal amount and having a maturity corresponding to the maturity of this Bond then unpaid. This Bond is registered in the name of the Bondholder on the books of the City kept by the City's Director of Finance as Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as herein above provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal of this Bond is subject to prepayment at the option of the City, as provided in the Agreement. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated December __, 2000. CITY OF ROANOKE, VIRGINIA (SEAL) Mayor, City of Roanoke, Virginia ATTEST: Clerk, City of Roanoke, Virginia RKE# 0674225.WPD C/M: 077826-00000-01 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. RKE# 0674225.WPD C/M: 077826-00000-01 ATTACHMENT 2 SCHEDULE OF SINKING FUND INSTALLMENTS PAYMENT DATE AMOUNT 1 st Anniversary of Closing Date (2001) 2nd Anniversary of Closing Date (2002) 3rd Anniversary of Closing Date (2003) 4th Anniversary of Closing Date (2004) 5th Anniversary of Closing Date (2005) 6th Anniversary of Closing Date (2006) 7th Anniversary of Closing Date (2007) 8th Anniversary of Closing Date (2008) 9th Anmversary of Closing Date (2009) l0th Anniversary of Closing Date (2010) 11th Anniversary of Closing Date (2011) 12th Anniversary of Closing Date (2012) Final Maturity (2013) $99,355.23 $99,355.23 $99,355.23 $99,355.23 $99,355.23 $99,355.23 $99,355.23 $99,355.23 $99,355.23 $99,355.23 $99,355.23 $99,355.23 $99,355.24 A-17 C/M: 077826-00000-01 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 18, 2000 File #122-405 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your oral report with regard to Victory Stadium was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. On motion, duly seconded and adopted, Council authorized Options lB and 1C to be presented for public comment at a public hearing to be held in January 2001, with the goal of reaching a final decision on Victory Stadium at either the February 5 or February 20 Council meeting. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: George C. Snead, Assistant City Manager for Community Development James Evans, Director, Civic Facilities H:~Agendas 2000\Corresp Dec 18.wpd 5.a.1. Roanoke City Council Regular Agenda Report December 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Victory Stadium Please reserve space on your agenda for a briefing regarding the above subject. spectfully subm'tted, Darlene L. Bur~am City Manager DLB/sam c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E~mail: clerk@ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk December 18, 2000 File #5-104 James T. Phipps, Executive Director Court-Community Corrections Program 516 E. Main Street Salem, Virginia 24153 Darlene L. Burcham City Manager Roanoke, Virginia Dear Mr. Phipps and Ms. Burcham: I am enclosing copy of Resolution No. 35169-121800 appointing members to the Court- Community Corrections, Regional Community Criminal Justice Board; and reappointing the City of Salem as fiscal agent for the program. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosures H:',Agendas 2000\Corresp Dec 18.wpd James T. Phipps Darlene L. Burcham December 18, 2000 Page 2 pc: The Honorable Cletus W. Nicely, Chair, Alleghany County Board of Supervisors, P. ©. Box 917, Covington, Virginia 24426 The Honorable Stuart L. Hall, Chair, Bath County Board of Supervisors, P. O. Box 309, Warm Springs, Virginia 24484 The Honorable Terry L. Austin, Chair, Botetourt County Board of Supervisors, 1 West Main Street, #1, Fincastle, Virginia 24090 The Honorable Zane M. Jones, Chair, Craig County Board of Supervisors, P. O. Box 308, New Castle, Virginia 24127 The Honorable Joseph P. McNamara, Chair, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 The Honorable Nanalou W. Sauder, Chair, Rockbridge County Board of Supervisors, 150 South Main Street, Lexington, Virginia 24450 The Honorable Harold F. Kidd, Mayor, City of Buena Vista, 2039 Sycamore Avenue, Buena Vista, Virginia 24416 The Honorable Charles Ballow, III, Mayor, City of Clifton Forge, P. O. Box 631 Clifton Forge, Virginia 24422 ' The Honorable W. Milton Humphreys, Mayor, City of Covington, 158 N. Court Avenue, Covington, Virginia 24426 The Honorable John W. Knapp, Mayor, City of Lexington, P. O. Box 922, Lexington, Virginia 24450 The Honorable Carl E. Tarpley, Jr., Mayor, City of Salem, P. O. Box 869, Salem, Virginia 24153 George C. Snead, Jr., Assistant City Manager for Community Development The Honorable George M. McMillan, Sheriff A. L. Gaskins, Chief of Police H:~Agendas 2000\Corresp Dec ! 8.w-pd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2000. No. 35169-121800. A RESOLUTION establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the membership of the Court- Community Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. WHEREAS, Boards of Supervisors of the Coumies of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem have established and operate the Court-Community Corrections Program, a local pretrial services and community-based probation program, pursuant to the provisions of Article 2, Title 53.1 of the Code of Virginia (1950), as amended; and WHEREAS, the Virginia Comprehensive Community-Corrections Act for Local-Responsible Offenders (Virginia Code § 53.1-180 etseq.) and the Virginia Pretrial Services Act (Virginia Code §19.2- 152.2 et seq.) requiro the ostablislunent and appointment ora Community Criminal Justice Board for the Court- Community Corrections Program; and WHEREAS, a Regional Community Criminal Justice Board for the Court-Community Corrections Program previously has been established in accordance with law, and this Council now, and in conjunction with the governing bodies of the other jurisdictions that participate in this multijurisdictional program, deems it appropriate to reconstitute the Regional Community Criminal Justice Board for the Court-Community Corrections Program, pursuant to the authority granted to local governing bodies under Virginia Code § 15.2-1411 and in consideration of the changes in the Code of Virginia since the Regional Community Criminal Justice Board's establishment. NOW, THEREFORE, BE IT RESOLVED, pursuant to the authority granted to this Council by Virginia Code §§ 15.2-1411, 19.2-152.5, 53.1-183 and the Charter of the City of Roanoke as follows: 1. That a Regional Community Criminal Justice Board for the Court-Community Corrections Program is established. 2. That the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem are the jurisdictions which participate in the Court-Community Corrections Program. Each of these jurisdictions shall be represented on the Regional Community Criminal Justice Board. The Regional Community Criminal Justice Board shall consist of 25 persons, a number established by this resolution and by similar resolutions of the governing bodies of each of the other participating jurisdictions. The composition of the Regional Community Justice Board shall at all times comply with all applicable statutes and regulations. Each participating city or county shall have an equal number of appointments. 3. That, in conjunction with resolutions of appointment adopted or to be adopted by the governing bodies of all participating jurisdictions, this Council appoints the following persons to the Regional Criminal Justice Board for the terms of years set forth below. Each appointment shall be effective as of July l, 2000. Bemuse §53.1-183 mandates that the Board's membership include persons who hold certain positions, this resolution sets out, along with the name of each person hereby appointed, a descriptive tire for that person's position or occupation. .te m George C. Snead, Jr. 3 Years Assistant City Manager for Organizational Support City of Roanoke The Honorable George E. Honts, III, Judge, Retired Circuit Court Twenty-fifth Judicial Circuit 2 Years The Honorable Julian H. Raney, Jr., Judge Roanoke City General District Court Twenty-third Judicial District 1 Year The Honorable John B. Ferguson, Judge Roanoke City/Roanoke County Juvenile & Domestic Relations Court Twenty-third Judicial District 1 Year James C. Alderson, Commonwealth Attorney Alleghany County/City of Covington Sheriff George McMillan Roanoke City Sheriff's Office 2 Years 3 Years Sheriff Gerald Holt Roanoke Coumy Sheriff's Office 2 Years SheriffRonnie Sprinkle Botetourt County Sheriff's Office 1 Year SheriffC. E. Simpson Alleghany County Sheriff's Office 2 Years John Higgins, Superintendent Rockbridge Regional Jarl 3 Years William H. Cleaveland, Esquire Roanoke, Virginia 3 Years Ray Burton Fitzgerald, Chief Magistrate Twenty-fifth Judicial District 2 Years Dr. David Smith, Superintendent Bath County Public Schools 1 year Gaff Burros, Director, Counseling Services Blue Ridge Community Services Bbard Roanoke, Virginia 2 years 4. That this Council, in conjunction with the governing bodies of the other jurisdictions which have established the Court-Commumty Corrections Program, hereby reappoints the City of Salem as the fiscal agent for the program. ATTEST: City Clerk. Roanoke City Council" "'** · Regular Agenda Report December 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Regional Community Criminal Justice Board Background: The General Assembly amended state law, effective July 1, 2000, to change the required membership of the Regional Community Criminal Justice Board. In addition to the current membership, who are being reappointed with terms, Roanoke must appoint one additional person who is either a member of City Council, the city manager, or a deputy or assistant city manager. Before the amendment to state law, the Board had 13 members. Now each of the 12 participating localities must appoint an additional member and each participating locality is reappointing the current members of the Board. Thus, the Board will be comprised of 25 members. No local funding is required as a condition of Roanoke's participation. The city of Salem serves as the programs' fiscal agent. Recommended Action: City Council adopt the attached resolution and appoint George C. Snead, Jr. to the policy board. Respectfully submitted, City Manager C~ City Clerk City Attorney Director of Finance Sheriff Chief of Police # 00-66 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 21,2000 File #20-60-427-537 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35170-121800 amending and reordaining sections of the 2000-2001 Capital Projects Fund Appropriations, providing for appropriation of $750,000.00, in connection with development and administration of renovations and construction improvements to the Roanoke Passenger Station Building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director of Public Works Barry L. Key, Director, Department of Management and Budget H:LAgendas 2000\Corresp-Budget Dec 18.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2000. No. 35170-121800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3~3ropHations Community Development Roanoke Passenger Station Renovation Project (1-2) ............... Revenues State Grant - Roanoke Passenger Station Renovation Project - TEA-21 (3) ................................................. $ Nonoperating Transfers from Other Funds (4) ................................ 1 ) Appropriated from General Revenue 2) Appropriated from State Grant Funds 3) Roanoke Passenger Station Project- TEA-21 4) Transfer from General Fund (008-530-9900-9003) (008-530-9900-9007) (008-008-1234-1333) (008-110-1234-1037) 250,000 500,000 500,000 250,000 $ 5,006,145 750,000 500,000 $ 3,246,408 3,130,908 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Cou.~cil ~.~ .~., Regular Agenda ort ~ December 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Roanoke Passenger Station Renovation Project Background: The Roanoke Foundation for Downtown, Inc., (RFDI) submitted an application at the encouragement of Congressman Bob Goodlatte's office in January, 1998, seeking an amendment to the Transportation Equity Act for the 21't Century (TEA-21) legislation to include transportation funds for the Roanoke Passenger Station Renovation project. The project received an allocation of $500,000 from the High Priority Project funds for the renovation of the Roanoke Passenger Station. The $500,000 is provided over six years (11% in FY98, 15% in FY99, 18% in FY00, 18% in FY01, 19% in FY02, 19% in FY03). This is not a direct federal grant, but a reimbursement program. Upon execution of all appropriate agreements, 80% of the expenditures incurred are reimbursed by the federal funds. The 80% federal funds require a 20% match of $125,000. The Federal Highway Administration views the Virginia Department of Transportation (VDOT) as the recipient agency for these funds. VDOT in turn views the City of Roanoke as the responsible entity to implement the improvement with whatever involvement is deemed appropriate between the City and RFDI. City Council endorsed the Roanoke Passenger Station Renovation Project on January 19, 1999, and agreed to pay 20 percent of the total cost as required by VDOT. At that time, the City's match would be provided by RFDI. Council also authorized execution of separate agreements with VDOT and RFDI for this project. On July 3, 2000, Council also authorized an agreement with JDL Castle Corporation when it appeared they would be the entity responsible for this project. However, JDL Castle did not become the responsible entity. Considerations: The Roanoke Passenger Station building and property were subsequently sold by RFDI to the Western Virginia Foundation for the Arts and Sciences (VVVF^S). WVFAS has plans to develop the Roanoke Passenger Station Building. Legal requirements include authorization from City Council to execute an agreement with WVFAS in place of JDL Castle Corporation. In addition to a City/State Agreement by which the State holds the City as the responsible agency for the project, WVF^S would enter into a separate #00-198 Roanoke Passenger Station Renovation Project Page 2 December 18, 2000 agreement (attached) with the City by which it would fulfill all of the obligations undertaken by the City, and perform all of the tasks undertaken by the City, by virtue of the City's execution of the City/State Agreement and will comply with each of the requirements set forth in the City/State Agreement and all federal and state regulations and requirements applicable to all work performed on the Project, including performing, or contracting to perform, tasks relating to the construction of the Project, and procuring consultant services contracts and construction contracts in accordance with the Virginia Public Procurement Act. WVFAS's funding plan includes a request that the City pledge $1,500,000 to the first two phases of this project, the total cost of which is estimated at $8,789,900. It has been requested that City Council agree to provide $250,000 to WVFAS at this time, which is available in the adopted budget in General Fund Transfers to Capital Projects Fund. This funding is available from the amount included in FY01 Transfer to Capital Projects Fund earmarked for future debt service. Until the next bond issue, this can be applied to other projects. This funding would not represent a commitment to WVFAS for the remaining $1,250,000 which would be subject to further discussion during the upcoming budget review process and Council's financial planning session. The $500,000 of TEA-21 funds needs to be appropriated (to be reimbursed by VDOT), with an additional $250,000 appropriated from Transfers to Capital Projects, to an account to be established by the Director of Finance for disbursement to WVFAS. Recommended Action: Authorize the City Manager to execute on behalf of the City a legally binding agreement with WVFAS requiring WVFAS to be fully responsible for their 20% matching funds as well as all other obligations undertaken by the City by virtue of the City/State Agreement. Appropriate $500,000 of TEA-21 funds (to be reimbursed by VDOT) and $250,000 from Transfers to Capital Projects to an account to be established by the Director of Finance for disbursement to the WVFAS. Attachment c: City Clerk City Attorney Director of Finance Director of Public Works Respectfully submitted, City Manager ~ff)0 - 198 AGREEMENT THIS AGREEMENT is made and entered into this ~ day of ,20_, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"), and Western Virginia Foundation for the Arts and Sciences (WVFAS). WITNESETH: WHEREAS, WVFAS wishes to undertake preliminary engineering and construction for the Restoration of the Historic Passenger Station ("Project"); and WHEREAS, the Project was submitted as an amendment to the Transportation Equity Act for the 21st Century ("TEA-21") for funding in the High Priority Project Program of the Virginia Department of Transportation ("VDOT"); and WHEREAS, by Resolution No. 34155-011999, the Council of the City of Roanoke requested the Commonwealth Transportation Board to establish the Project; and WHEREAS, VDOT included the Project in the High Priority Project Program of the Six-Year Improvement Program; and WHEREAS, the City and VDOT will enter into an agreement for the development and administration of the Project, committing the City to be responsible for a minimum twenty percent (20%) local match of the Project costs and to implement the Project; NOW THEREFORE, FOR AND IN CONSIDERATION of the premises and mutual covenants contained herein, the parties hereto agree as follows: 1. Pursuant to VDOT's High Priority Project Program, and upon execution of this Agreement by the parties hereto, the City will enter into an agreement with VDOT, a copy of 1 which is attached hereto and incorporated herein as Exhibit A and hereafter referred to as the "City/State Agreement". 2. WVFAS shall fulfill all of the obligations undertaken by the City, and perform all of the tasks undertaken by the City, by virtue of the City's execution of the City/State Agreement and will comply with each of the requirements set forth in the City/State Agreement and all federal and state regulations and requirements applicable to all work performed on the Project, including performing, or contracting to perform, tasks relating to the preliminary engineering and construction phases of the Project, and procuring consultant services contracts and construction contracts in accordance with the Virginia Public Procurement Act. WVFAS shall pay the City all amounts due VDOT under the City/State Agreement including amounts due arising out of cancellation by the City, WVFAS or VDOT. 3. (a) With respect to reimbursement of eligible Project costs, from VDOT with High Priority Project Program funds, WVFAS will forward invoices for all goods purchased and services rendered, or estimates of the value of goods and services donated, to the City, c/o Mr. Robert K. Bengtson, Public Works Director, 1802 Courtland Road, N.E., Roanoke, Virginia 24012. The City shall, upon receipt from WVFAS of a request accompanied by the above-referenced appropriate and necessary documentation, apply for reimbursement from VDOT for eligible Project costs for the previous month or for the final billing as set forth in Paragraph 2 (c) of the City/State Agreement and shall forward such funds to WVFAS within ten (10) business days of City receipt of such funds. Reimbursement from VDOT for eligible Project costs shall be limited to $500,000.00 (80% of $625,000.00, WVFAS's estimate of expenses incurred in connection with the Project). Reimbursement from VDOT for eligible Project costs shall be limited to funding available from the High Priority Project Program in 2 accordance with the designated funding distribution (11% in FY98, 15% in FY99, 18% in FY00, 18% in FY01, 19% in FY02 and 19% in FY03). 4. WVFAS agrees that it shall be solely responsible for all third party contracts relating to the Project and the City shall not be liable to any party other than VDOT for contracts relating to the Project. 5. In the performance of this contract, WVFAS shall: (1) not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of WVFAS. WVFAS agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; and (2) solicitations (3) state that WVFAS is an equal employment opportunity employer in its or advertisements for employees working pursuant to this contract; and include the provisions of the foregoing subparagraphs (1) and (2) in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 6. This agreement shall be binding upon the parties hereto and their respective successors and assigns. 7. Nothing herein shall relieve the obligation of WVFAS of its duty to comply with all applicable federal, state or local statutes, codes, ordinances or regulations. 8. This Agreement constitutes the entire Agreement of the parties hereto and supersedes all prior negotiations and agreements among the parties. No revision of this Agreement shall be valid unless made in writing and signed by the parties hereto. 9. This Agreement shall be governed by the laws of the Commonwealth of Virginia. 10. This Agreement shall be in full force and effect until the Project is complete and all the obligations of the City/State Agreement have been performed. IN WITNESS WHEREOF, the City and WVFAS have duly executed this Agreement on the date set out above. ATTEST: Mary F. Parker, City Clerk ATTEST: Secretary CITY OF ROANOKE, VIRGINIA By. Darlene L. Burcham, City Manager Western Virginia Foundation for the Arts and Sciences By. Title: Executive Director 4 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 18, 2000 File #20-60-427-537 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35171-121800 authorizing the City Manager to enter into a contract with the Western Virginia Foundation for the Arts and Sciences for development and administration of renovations and construction improvements to the Roanoke Passenger Station Building, committing the Western Virginia Foundation for the Arts and Sciences to be fully responsible for the 20 percent matching funds, as well as all other obligations undertaken by the City by virtue of an agreement with the Virginia Department of Transportation, upon certain terms and conditions. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Dr. James C. Sears, President and General Manager, Western Virginia Foundation for the Arts and Sciences, 1 Market Square, S. E., Roanoke, Virginia 24011 James D. Grisso, Director of Finance Robert K. Bengtson, Director of Public Works Barry L. Key, Director, Department of Management and Budget H:XAgendas 2000\Corresp Dec 18.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35171-121800. A RESOLUTION authorizing the City Manager to enter into a contract with Western Virginia Foundation for the Arts and Sciences for development and administration of the renovations and construction improvements to the Roanoke Passenger Station Building, committing the Western Virginia Foundation for the Arts and Sciences to be fully responsible for the twenty percent (20%) matching funds, as well as all other obligations undertaken by the Cit~' by virtue of an agreement with the Virginia Department of Transportation, upon certain terms and conditions. WHEREAS, by Resolution No. 34155-011999, adopted January 19, 1999, Council endorsed the Roanoke Passenger Station Renovation Project, and authorized the City Manager to enter into agreements with the Virginia Department of Transportation ("VDOT") and Roanoke Foundation for Downtown, Inc. ("Foundation"), wherein the Foundation agreed to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with VDOT for this project; and WHEREAS, by Resolution No. 34913-070300, adopted July 3, 2000, Council authorized the City Manager to enter into an agreement with JDL Castle Corporation wherein JDL Castle agreed to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with VDOT for this project; and WHEREAS, the Roanoke Passenger Station Building and property has been purchased by Western Virginia Foundation for the Arts and Sciences, from the Foundation, and Western Virginia Foundation for the Arts and Sciences will assume the obligations originally agreed to by the Foundation and then by JDL Castle Corporation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized on behalf of the City to execute, seal and attest, respectively, the requisite contract and all other appropriate agreements and documents, in form approved by the City Attorney, with Western Virginia Foundation for the Arts and Sciences, in connection with this project for the development and administration of the renovations and construction improvements to the Roanoke Passenger Station Building, committing Western Virginia Foundation for the Arts and Sciences to be fully responsible for the twenty percent (20%) matching funds, as well as all other obligations undertaken by the City by virtue of its agreement with VDOT, upon certain terms and conditions, as more particularly set forth in the report of the City Manager dated December 18, 2000, and the attachments thereto. ATTEST: City Clerk. H:\RES\R-P~sengcrStation- 12-18-00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 21,2000 File #5-60-76-236 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35172-121800 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of funds in connection with the Federally Forfeited Property Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Barry L. Key, Director, Department of Management and Budget H:LAgendas 2000\Corresp-Budget Dec 18.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2000. No. 35172-121800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~ro~3riations Public Safety $ 2,655,193 Federal Forfeited Property Proceeds (1) ....................... 293,713 Revenues Public Safety $ 2,655,193 Federal Forfeited Property Proceeds (2-3) ...................... 293,713 1) Investigations and Rewards (035-640-3304-2150) $ 87,939 2) Federal Forfeiture Proceeds (035-640-3304-3005) 86,995 3) Interest (035-640-3304-3306) 944 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report December 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Sharing Federally Forfeited Property Background: In 1986, Congress authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. Application for an equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney. This property, including funds shared with state and local agencies, may be used only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. Participation in the federally forfeited property program enhances the effectiveness of narcotics investigations by providing necessary investigations equipment, investigative funds, overtime expenses, and by offsetting the costs that would otherwise have to be borne by the city's taxpayers. The Police Department receives funds periodically from the federal government's asset sharing program. Grant requirements include that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Revenues totaling $87,939 have been received and are available for appropriation in Grant Fund accounts 035-640-3304-3305 and 035-640-3304-3306. Recommended Action: City Council approve the appropriation of $87,939 to the Grant Fund account for Investigations and Rewards (035-640-3304-2150) and increase the Grant Fund revenue estimate for account 035-640-3304-3305 by $86,995 and account 035-640- 3304-3306 by $944. City Manager cc: City Clerk City Attorney Assistant City Manager for Community Development Chief A. L. Gaskins, Police 00-414 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, cMC City Clerk Stephanie M. Moon Deputy City Clerk December 18, 2000 File #67-68-165-379 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of ResOlution No. 35173-121800, accepting a donation from the Greater Raleigh Court Civic League of labor and materials for construction of Phase I of the greenway trail in the Raleigh Court area, and authorizing execution of a permit to allow the Greater Raleigh Court Civic League to construct the greenway trail and amenities in said area. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Elizabeth H. Belcher, Greenway Coordinator, Roanoke Valley Greenways Commission, P. O. Box 29800, Roanoke, Virginia 24018 Matthew Pritts, President, Greater Raleigh Court Civic League, P. O. Box 3092, Roanoke, VA 24015 Wanda S. Reed, Acting Director, Parks and Recreation James D. Grisso, Director of Finance E. Wayne Harris, Superintendent of Schools H:~Agendas 2000\Corresp Dec 18.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35173-121800. A RESOLUTION accepting the donation to the City of Roanoke from the Greater Raleigh Court Civic League (GRCCL) of labor and materials for the construction of Phase I of the a greenway trail in the Raleigh Court area, and authorizing execution of a permit to allow GRCCL to construct the greenway trail and amenities in that area. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council accepts the donation by the Greater Raleigh Court Civic League (GRCCL) of labor and materials for the construction of Phase I of the proposed greenway trail and amenities in the Raleigh Court area, upon the terms and conditions set out in the report to this Council dated December 18, 2000. 2. The City Manager is authorized to execute the requisite permit, in form approved by the City Attorney, to allow GRCCL to construct the proposed greenway trail and amenities in the Raleigh Court area. ATTEST: City Clerk. H RES',R-Don-GRCCL-Greenway*LaborMateriais- 12-18-00 Roanoke City Court, oil Regular Agenda Re~brt December 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Greenway in the Raleigh Court Neighborhood Background: The Roanoke Valley Conceptual Greenway Plan, developed in 1995 and adopted into the City's Comprehensive Plan in April 1996, suggests 51 greenway corridors throughout the Valley, of which about half go in or through the City. The Greater Raleigh Court Civic League (GRCCL) won a Neighborhood Partnership grant to develop a plan for one particular route in its neighborhood. GRCCL worked with the Roanoke Valley Greenway Commission, Roanoke Parks & Recreation, and Whitesell-Orrison Landscape Architects to develop the plan. Several community workshops were held, leading to a plan for a 2-mile trail connecting Patrick Henry High School, Raleigh Court Elementary School, James Madison Middle School, Fishbum Park Elementary School, and Virginia Western Community College via Shrine Hill Park, Woodlawn Park, and Fishburn Park. A plan showing the route is attached. The entire greenway is planned on City-owned land. Considerations: Roanoke City Public Schools supports the proposed greenway trail as an asset supporting its educational missions by providing convenient opportunities for access to natural areas within the City. The Department of Parks & Recreation considers the proposed greenway trail to be a valuable addition to the parks system and in accordance with the Conceptual Greenway Plan. The greenway trail will improve the pedestrian transportation network by providing an off-road connection where none currently exists, from Grandin Road across Brambleton Avenue to Colonial Avenue. GRCCL proposes to build Phase One of the greenway trail, from the Patrick Henry High School track to the existing footbridge in Fishburn Park, using mostly volunteers and donated materials. The estimated value of this project is $55,300, of which 100% is donated by or through GRCCL. As shown on Attachment A, this project includes Honorable Ralph K. Smith, Mayor, and Members of City Council December 18, 2000 Page 2 construction of a 4-foot-wide natural surface trail from the vicinity of the Patrick Henry HS track to Montgomery Avenue; a new footbridge in Woodlawn Park, estimated at $17,000 in value, to be built by Mr. Jason Nanz, an Eagle Scout candidate; and a 10- foot-wide cinder trail in Fishburn Park to the existing footbridge. Also included in the GRCCL donation will be appropriate trailside amenities such as benches and trash cans. Additional information is provided in Attachment B, an excerpt from an unfunded GRCCL application for state funding. Responsibilities for ongoing maintenance of the greenway trail will be divided between the Department of Parks & Recreation and Roanoke City Public Schools, with each maintaining the portions of the trail on properties controlled by them. Both will work in partnership with GRCCL and Pathfinders for Greenways to establish a volunteer base to perform basic maintenance tasks appropriate to volunteers. Parks & Recreation will submit a supplemental budget request at the appropriate time for the costs of other maintenance work, estimated at $10,000-15,000 per year. GRCCL has stated its eagerness to begin construction of the greenway trail immediately and to complete Phase One in the Spring of 2001. GRCCL has agreed to the terms of the attached permit. Other phases of the project may be addressed at a later date. Recommended Actions: Accept the donations of labor and materials offered by GRCCL, and authorize the City Manager to execute the attached permit, approved as to form by the City Attorney, that will allow GRCCL to construct the greenway trail and amenities. Respectfully submitted, City Manager Attachments: 3 C: City Clerk City Attorney Director of Finance Assistant City Manager Superintendent of Schools Assistant Superintendent of Schools President, Greater Raleigh Court Civic League Mr. Jason Nanz # 00-435 Rpt Council FBGW.Doc, 12/06/00 · I // "\. \., / '\. \.. \ \. \ Fishburn Greenway Project Narrative I. If rehabilitation project, describe current conditions and proposed solutions. N/A 2. Describe why the project is needed. The Fishburn Greenway will have a significant positive impact on the Raleigh Court Area and the City of Roanoke as a whole. This greenway is needed to provide safe non-motorized vehicular links between the residential areas, three City parks and other existing recreational facilities including an aquatic center, offices, schools (there are six located along the trail system), a public library and the Community Arboretum. Currently, there is no such similar trail system through this area, and in many locations pedestrians must walk on the shoulder of the road. Based upon comments received at two community workshops the usage is expected to be fairly heavy with a diverse user goup comprised of recreational participants, middle/high school and community college students, and office workers. This greenway ties into the recommended development of the Grandin Road and Colonial Avenue greenways proposed in The Roanoke Valley Conceptual Greenway Plan which was adopted by the City of Roanoke in 1995. The Fishbum Greenway also satisfies recommendations set forth in the Roanoke Comprehensive plan entitled "Roanoke Vision" 1985 - 2005 3. Describe how the project is innovative. The Fishbum Cn'eenway is innovative in its ability to serve as an important segment of the overall trail system for the Roanoke Valley and provide the residents of the Raleigh Court area with an outstanding recreational and utilitarian facility. The location of the trail is designed to provide good access onto the trail from the numerous residential areas and destination points located within the project area. This greenway is unique in that the Greater Raleigh Court Civic League has been instrumental in leading the effort to bring this project to fruition. This strong community involvement and support will help the Fishburn Greenway to serve as a pilot project for other neighborhood trail projects within the City of Roanoke. The greenway will greatly improve public safety by creating a trail system that is largely separated from vehicular traffic. This seperation from vehicular traffic will allow the greenway to also serve as an outdoor classroom the numerous schools located along the trail corridor. The trail's accessibility to streams, wooded areas and the arboretum create an ideal natural laboratory. 4. Describe whom the project will serve. The immediate users of this trail will be the people, who live, ~kork, go to school or visit the existing cultural/recreational facilities within the project area. As the overall greenway system is developed in the Rban~ke Valley, the number of trail users froTM outside the project area will increase. Because of the trail's ability to link such diverse land uses, it is expected to be well used throughout the year. Based on public input, The greatest use would come from walkers, runners and cyclists. 5. Describe support of the project. As part of the trail location process, two separate community workshops were held to receive public input and comment on the project. The community is very much in support of this project and is anticipating its rapid completion. Letters of support and samples of public comments are included as an appendix to this application. Representatives from the City of Roanoke's Parks and Recreation Department have been involved with the development of this greenway since its beginnings. They have demonstrated strong support for the design, construction and maintenance of this project. 6. Describe the design parameters. The Fishburn Greenway will address the need for efficient and safe access throughout the City of Roanoke's Raleigh Court area. The overall trail will be comprised of four different trail types - asphalt, cinder, natural soil and designated/striped lanes next to existing and proposed sidewalks. The northern section of the project area will have a 1 O' wide cinder trail. This type of trail surfaces provides thc most efficient way to optimize public use and access while minimizing environmental impacts. This portion of the project area is very developed with City schools and their supporting recreational facilities. Currently, walkers and runners from the neighborhood use the track. This new trail system would provide greater recreational opportunities, as well as a safe link to other destination points in the area. The central section of the trail extends through the City's Woodland Park to a signaled pedestrian crossing on the Shenandoah Life Insurance Property. The traffic light is existing and the insurance's company has agreed to allow the greenway to cross their property here. Because of the terrain and dense woods found in Woodland Park, the trail through this section will be a 4' wide nature trail. Existing vegetation will be pruned to ensure suitable sight lines along the trail to ensure user safety. The southern section of the greenway begins at the crosswalk and passes through Fishburn Park, two public school properties and Virginia Western Community College where the trail terminates at the Community Arboretum. The trail m Fishbum Park will be composed of a cinder surface with an asphalt-surfaced trail used for the remaining section. 7. Describe what provisions there are for the project's continuing existence. Thc Roanoke ci~Y'Pa~rks and Recreation Department will mainfain the Fishbum Greenway. Judging from the positive community response to this project during thc preliminary planning study, it appears that very little encouragcment will be needed to cnsure use of the trail. The City will promote the trail through press releases and community meetings. CITY OF ROANOKE, VIRGINIA PARK PROJECT APPLICATION AND PER1V_~ Date: Volunteer Coordinator Department of Parks and Recreation 210 Reserve Avenue, S.W. Roanoke, Virginia 24016 Phone: 540-853-2236 Fax: 540-853-1287 "" In order to enhance the environment and the appearance of our community parks, on behalf of the'~ organization described below ("Participating Organization"), I ("Applicant") request permission to conduct the following proiect ("Project") in the following park(s): Park name and location: Project: Termination date of Project: / The Project will be performed under, and in accordance with, the Terms and Conditions attached hereto and incorporated herein by reference and any plans or written project description which are attached to this Application and Permit before execution on behalf of the City. Projects valued by the City of Roanoke Parks and Recreation Department at more than $5,000.00 must be accepted by City Council. Participating Organization: Applicant: Signature: ~ Applic~t's Ad,ess: Da~ime phone: Title: ~re:~e~-qpi~- Date: AJ~q. 13 Z-O00 State: ~J'~ Zip: Evening phone: 3"] '4 ' 'gq ?~ Insurance Required VYes__ Reviewed as to Insurance: No. Ifyes, amount: $~' Date: Risk Management Officer Approved as to form: Assistant City Attorney Date: Permission is hereby given to perform the Project as described: If value of project is $5,000.00 or less: Director of Parks & Recreation Department: If value of project is more than $5,000.00: City Manager, City of Roanoke By: By: Date: Date: Approved as to execution: Date: Assistant City Attorney H:\TEMP\pr-parkproject-applicafion&permit I 01700 CITY OF ROANOKE PARKS AND RECREATION DEPARTMENT PARK PROJECT VOLUNTEER TERMS AND CONDITIONS o The Director of the Parks and Recreation Department, or the Director's designee ("Director"), shall approve or reject all proposed projects. The Director may reject any Project, or portion thereof, for ~ny reason or no reason at all. Granting of the revocable Permit shall indicate approval of the Project. However, the Director reserves the right to revoke any permit for any reason or no reason at all. In such event, the Director will inform the Participating Organization by sending notice to the address stated on the Application and Permit. The Director reserves the right to obtain City Council approval of any changes in any Project initially accepted by City Council. Information shall be supplied to the Director on plans ("Plans") in sufficient detail to permit the Director to determine whether to approve the Project. All of such Plans shall be attached to the Application and Permit. At no time shall the Project deviate from the Plans without written approval of the Director obtained in advance, and there shall be no construction or activity not specifically described in the Plans. If a Participating Organization is interested in posting a sign on park property during the course of the Project, the Participating Organization shall supply information in sufficient detail, showing the style of the sign, describing the materials of the sign, and identifying the location of the sign, for the Director to consider in connection with the Application and Permit. All participants in a Project shall sign a volunteer roster, demonstrating consent to the terms of the Assumption of Risk, Release and Hold Harmless Agreement before participating in the Project. The Applicant shall be responsible for the supervision and safety of any participant in the Project. In addition, the Participating Organization shall obtain and maintain during the entire term of the Project, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate to include Five Thousand Dollars ($5,000.00) medical payments. The policies shall be "occurrence" type policies from an insurance company or companies licensed to do business in the State of Virginia with a Best Rating orA or better. The City, and its officers, employees and agents, shall be named as additional insureds on said commercial general liability insurance policy, and a Certificate of Insurance, evidencing such required coverage, shall be attached to this Application and Permit at the time of application. In completing the Project, the Applicant ahd the Participating Organization shall not discriminate against any contractor, subcontractor, employee, applicant for employment or invitee because of race, religion, color, sex or national origin except where race, religion, color, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the applicant. All equipment and materials necessary for the completion of the Project shall be supplied by the Applicant or the Participating Organization. While the City has available a limited amount of safety equipment, the Applicant or the Participating Organization is responsible for supplying all necessary safety equipment. The Applicant must ensure that there is at least one (1) adult supervisor eighteen (18) years of age or older for each eight (8) people under the age of eighteen (18) years. People under the age of eighteen (18) years shall not work on a Project, unless the City expressly authorizes them to do so. Within one week of any work performed, the Applicant must file an Activity Report on forms supplied by the City with the Volunteer Coordinator for the Parks and Recreation Department. All trash or debris must be disposed of properly. The Applicant may contact schedule a pickup of trash or debris. to The Applicant may report to or repair by, the City. any condition which he believes needs attention from, H:\PR\ParkProjects-Volunteer Terms & Conditions -10-17-00 CITY OF ROANOKE PARKS AND RECREATION DEPARTMENT PARK PROJECT VOLUNTEER ASSUMPTION OF RISK~ RELEASE AND HOLD HARMLESS AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, including permission to conduct a special project (hereinafter referred to as the "Project"), the undersigned volunteer, on behalf of himself/herself, thereby acknowledges, coVenants and agrees as follows: ,, Participation in the Project may involve exposure to inherent risks and dangers, including, without limitation, exposure to moving vehicles and bicycles; exposure to animals, tame or otherwise; exposure to rough and uneven terrain, both improved and unimproved; use of power tools and hand tools, some of which might have sharp edges; exposure to construction hazards; and exposure to trash, rubbish and garbage, and the germs, viruses and infections related to and arising out of the handling of said trash, rubbish and garbage; and the undersigned assumes all risks and dangers, whether foreseen or unforeseen, of participation in the Project; The undersigned is completely responsible for the undersigned's own safety and well-being during the undersigned's participation in the Project, including using any necessary equipment or safety equipment; o The undersigned, and for the undersigned'.s successors, assigns, heirs, executors and administrators, releases and holds harmless the City, its officers, agents and employees for any and all injuries, both to person and property, regardless of severity, arising out of or related to the undersigned's participation in the Project, including, without limitation, injuries which occur, in whole or in part, due to any act, negligent, reckless, intentional or otherwise, by or on behalf of the City, its officers, agents or employees; The undersigned, and for the undersigned's successors, assigns, heirs, executors or administrators, shall indemnify the City of Roanoke, its officers, agents and emplgyees, from any and all liability, actions, causes of action, claims, debts, and demands of any kind and nature, including costs, expenses and attorney's fees, incurred by the City, its officers, agents or employees, as a result of, or arising out of or related to, any act, intentional, reckless, negligent or otherwise, by the undersigned or any person under the supervision of the undersigned, during the course of the undersigned's participation in the Project; and o The undersigned is eighteen (18) years of age or older, has read this document completely, understands its contents, and is legally competent to execute the same. Any person signing this document who is not eighteen (18) years of age or older must have this document signed by either the undersigned's parent or legal guardian, and all references to the undersigned shall include references to the undersigned's parent or legal guardian in the event a parent or legal guardian is required to sign this document. Before beginning Project, return attached completed roster to: Volunteer Coordinator Department of Parks & Recreation 210 Reserve Avenue, S.W. Roanoke, Virginia 24016 (540) 853-2236 H:~PR~ParkProjects~Risk & Hold Harmless Agreement -10-17-00 1 Greater Raleigh Court Civic League Greenway Plan In 1999 the Greater Raleigh Court Civic League (GRCCL) adopted a comprehensive neighborhood plan, which was approved by the Roanoke Planning Commission and Roanoke City Council, and incorporated into the city's comprehensive plan. The GRCCL segment of greenway project supports at least five of the thirteen goals established by the plan, namely to (1) maintain the neighborhood's unique residential character and property values, (2) make the streets safer and more pedestrian friendly, (3) encourage alternative means of transportation, (4) enhance park and recreation facilities within the neighborhood, and (5) improve the appearance and livability of the neighborhood. The Greater Raleigh Court (GRC) Greenway segment will extend from Grandin Road, near Patrick Henry High School, to the Arboretum at Virginia Western Community College on Colonial Avenue. This greenway segment will provide alternative transportation to reduce steadily increasing vehicular traffic while offering educational opportunities while passing five schools, and increase health opportunities by offedng places for regular exercise, a community need identified by a recent health survey conducted by Cadlion and Lewis-Gale hospitals. The GRC greenway segment will extend through various neighborhoods and eventually connect to other greenways. This greenway will also provide an educational component to four city schools: Patrick Henry, Raleigh Court Elementary, James Madison Middle and Fishbum Park Elementary. The majority of the initial portion of this greenway can be constructed with the help of volunteers, under the supervision of City officials. We are estimating that the costs for materials for the construction of the nature trail section, a pedestrian boardwalk and a pedestrian bridge will be approximately $10,000. The GRCCL is in the process of applying for grants and other funding methods for the initial phases of the GRC greenway, which is part of the city's overall greenway plan. Projected costs for the entire GRC segment are approximately $300,000. The GRC greenway project committee is co-chaired by Mike Urbanski and Dan Wright. The plan is to begin the volunteer section of this project by building a nature trail from Patdck Henry track to Montgomery Avenue (the City has already constructed a new sidewalk on Montgomery and Brambleton Avenues, to get pedestrians to an existing crossing in front of Shenandoah Life). A boardwalk in Woodlawn Park will also be part of the project. We plan to organize volunteers and equipment, and schedule workdays. Volunteer work will consist of jobs such as trimming bushes, designing and building a boardwalk and bridge, rearranging rocks and soil and removing excess wood and debris. Once the first trail is completed, the next step will be to build a nature trail from Ross Lane to the Patrick Henry track, and then to design and build a footbridge in Fishburn Park. Once the greenway is built regular maintenance will be required. The plan is for volunteers to help maintain the trails and to remove trash regularly, under the supervision of the City Parks & Recreation Department. Our current estimated time line for the GRC greenway is as follows: Construction of nature trail and boardwalk between PH and Montgomery Avenue Construction of trail from Ross Lane to PH track Construction of bddge in Fishbum Park Complete entire segment of GRC greenway November - December 2000 January - April2001 January - April2001 2002-2003 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 21,2000 File #60-270-301-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35174-121800 amending and reordaining certain sections of the 2000-2001 General, Capital Projects and Department of Technology Funds Appropriations, providing for appropriation of $1,971,205.00 from the Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings to address high priority technology needs and enhancements for various City departments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Joe D. Slone, Director, Department of Technology Barry L. Key, Director, Department of Management and Budget H:L~gendas 2000XCorresp-Budget Dec 18.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2000. No. 35174-121800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General, Capital Projects and Department of Technology Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General, Capital Projects, and Department of Technology Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A.oDroDriations Nondepartmental $ 65,997,172 Transfers to Other Funds (1-2) ................................ 66,354,717 Fund Balance Reserved for CMERP - City (3) ................................. $ 2,383,861 Capital Projects Fund Ar)DroDriations Public Safety $ 11,668,733 Radio Shop FCC Training (4) ................................. 10,000 Revenues Nonoperating $ 3,006,408 Transfers from Other Funds (5) ................................ 2,890,968 Department of Technoloc~v Fund Appropriations Telephone Purchases (6) ..................................... GIS Implementation - Phase I (7) ............................... Wide Area Network (8) ....................................... Work Station Requests (9) .................................... Event Management Systems (10) ....... ' ........................ Imaging Infrastructure (11 ) .................................... Staff, Contractors, and Consultants (12) .......................... Automated Public Safety Project (13) ............................ Network Remote Sites (14) .................................... Internet and Intranet (15) ..................................... PC Replacement Program (16) ................................. 911 Records/Timestamps (17) ................................. Fire/EMS System (18) ........................................ Technology Media Center (19) ................................. Pressure Seal Machine (20) ................................... DOT Client/Server Training (21) ................................ Revenues Nonoperating (22) ........................................... $ Retained Earnings Retained Earnings - Unrestricted (23) ........................... $ 1) Transfer to Capital Projects Fund 2) Transfer to DOT Fund 3) Referred for CMERP - City 4) Appropriated from General Revenue 5) Transfer from General Fund 6) Appropriated from General Revenue 7) Appropriated from General Revenue (001-250-9310-9508) (001-250-9310-9513) (001-3323) (008-430-9851-9003) (008-110-1234-1037) (013-052-9603-9007) ( 013-052 -9804-9003) $ 10,000 1,091,205 (1,101,205) 10,000 10,000 250,000 100,000 $ 570 000 379 463 671 121 504 759 105 000 201 900 298 709 3,357 280 30,000 230,000 235,000 66,000 125,000 20,000 15,000 50,000 1,251,205 6,559,738 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 2O) 21) 22) 23) Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Transfer from General Fund Retained Earnings (013-052-9811-9003) (013-052-9815-9003) (013-052-9816-9003) (013-052-9822-9003) (013-052-9828-9003) (013-052-9831-9003) (013-052-9835-9003) (013-052-9842-9003) (013-430-9845-9003) (013-430-9846-9003) (013-430-9847-9003) (013-430-9848-9003) (013-430-9849-9003) (013-430-9850-9003) (013-110-1234-1037) (013-3336) 351,705 100,000 50,000 103,500 75,000 240,000 10,000 170,000 235,000 66,000 125,000 20,000 15,000 50,000 1,091,205 (870,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City CounCil Regular Agenda Report December 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Fund Appropriations.from Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings for Technology Needs Background: Based on a previous report dated October 2®, 2000, City Council approved a recommendation that $1,101,205 of the Fiscal Year 1999-00 General Fund balance designated for the Capital Maintenance and Equipment Replacement Program be allocated for technology needs. In addition, the Department of Technology, an internal service fund, has retained earnings totaling $870,000 that can be allocated, for a total of $1,971,205. The ITC has developed a list of priority projects and equipment needs that have been determined to be both critical and supportive of the long-range plan now under development. Attachment 1 provides supporting detail and cost information for each of these needs. All items listed will be purchased in accordance with the requirements as set forth in Chapter 23.1, Procurement, of the Code of the City of Roanoke (1979), as amended. Considerations: The total funding request of $1,971,205 is available as follows: · Current Year Capital Maintenance and Equipment Replacement $1,101,205 · Department of Technology, Prior Year Retained Earnings Account $ 870,000 Recommended Action(s): City Council adopt the attached budget ordinance to appropriate funding to new or existing project accounts to be established by the Director of Finance to address high priority technology needs and enhancements. Respectfully submitted, City Manager Attachments: 1 City Clerk City Attorney Director of Finance Director, Department of Technology #00-155 Technology Recommendations 2000-2001 Attachment 1 A. ENHANCEMENTS TO CURRENT SERVICES AND SUPPORT Staffing Needs: Notes Developer, Tech Support, Workstation Specialist CMERP Funding Requests: 1 UPDATE NETWORK & EXPAND DIAL-IN FACILITY: Expend network infrastructure and increase the number of dial-in lines and software licenses from 12 to 24. Project includes an additional Citrix server, ISDN phone circuits, and software licenses to improve employes productivity by providing dial-in access to city systems from remote sites such as employes homes. 2 INTERNET CONNECTIVITY EXPANSION: Provide faster access and increased capacity to reduce the overall response time to the Internet from the enterprise network. Project cost covers the additional monthly connection fees. 3 NOTES SERVER EXPANSION: Purchase a server to handle growth in Notes use. Consolidation of multiple small servers to a single high-end Notes server will improve response time and capecity. 4 PERSONAL COMPUTER REPLACEMENT PROGRAM: Year I of a 3-yesr PC Replacement Program to Isses-purchsse 300 PC's each year and standardize desktop products (Microsoft Office, Notes). 5 DESKTOP REMOTE DIAGNOSTICS: Acquire additional ZenWorks software licenses to support current workstation population. Software provides DoT technical staff with a tool to view a user's desktop remotely saving both time and improving customer service. 6 TRAINING: Training required by DoT staff to support current client-server platforms/products (networking, databases, operating systems, etc.,) 7 BACKUP NETWORK PLATFORMS: Software to consolidate and standardize network infrastructure backup processing to improve effectiveness and consistency of data recovery procedures. Recommended Fundin9 109,705 12,000 70,000 235,000 30,000 50,000 30,000 Page 1 of 4 Technology Recommendations 2000-2001 Attachment 1 Recommended Fundin~l 8 9 10 11 12 PROFESSIONAL SERVICES: Outside assistance to conduct infrastructure performance/tuning initiatives to establish future technology directions es the city moves from a mainframe environment to client/server technologies. Examples include: review of existing network platforms and architecture for consolidation; enterprise printing facilities; systems performance and security review es we deploy e-government solutions. 911 RECORDERS/TIMESTAMPS: Replace 16 obsolete units in the E-911 Center for record/playback of 911 calls at each dispatching console. TRAINING: Training for Radio Shop staff to meet FCC compliance requirements on radio frequency emissions. Training needed to meet the new FCC regulations. POWER SUPPLY: Generator Upgrade for Enterprise Computer Equipment to provide electrical service for 4th floor Municipal North in the event of power failure. SECURITY TOOLS: Purchase Intemet Private4 security software to provide additional diagnostic and reporting cepebility. 75,000 66,000 10,000 50,000 20,000 Subtotal for Enhancement to Current Services: 757,705 Page 2 of 4 Technology Recommendations 2000-2001 Attachment 1 B. EXISTING PROJECTS REQUIRING ADDITIONAL FUNDING Staffing Needs: Application Developers (3-6 months) CMERP Funding Requests: I PUBLIC SAFETY: Replace 60 obsolete Mobile Data Terminals purchased over ten years ago with faster, state-of-the-art wireless units for Police, Fire/EMS. 3 4 E-GOVERNMENT SOLUTIONS: Develop several intemet-based business applications (e.g., perking tickets, job opportunities, business license, personal property) and deploy these internet applications via strategically placed kiosks. IMAGING: Acquire the enterprise edition of the LaserFiche Imaging software to deploy throughout the city. GIS PHASE I1: Development of several enterprise GIS applications for Economic Development, Planning, Real Estate, and Public Safety. CiViC CENTER: Acquire additional licenses and installation services needed to implement the new Event Management System. TELEPHONE: Replacement of existing Centrex services with an in-house PBX system resulting in a cost savings to the city. Project costs include hardware, software and Installation services. PARKS AND RECREATION NETWORK: Additional funding needed to purchase network equipment for connecting 6 remote recreation facilities to the enterprise network. Subtotal for Existing Projects: Recommended Funding 240,000 120,000 103,500 100,000 50,000 250,000 10,000 873,500 Page 3 of 4 Technology Recommendations 2000-2001 Attachment 1 C. I~IEW INITIATIVES Staffing Needs: Application Developer (6-9 months) CMERP Funding Requests: I FIRE/EMS: Implement new Firs Reporting System to meet State NFIRS reporting rsquiremente and interface with the new emergency dispatch system. INTERNET SERVER: Purchase central server to host the city's web site and manage the e-government applications outlined above. ETHERNET CONVERSION: Begin migration of token-ring to high- speed ethernet network to increase the speed of the enterprise network needed to support graphic-intense applications such as GIS and Imaging. Begin pilot project with Engineering, DoT, Economic Development, and Planning. TECHNOLOGY MEDIA CENTER: Purchase equipment (projectors, cameras, laptops) to establish a central technology media center whersby departments can check-out equipment on an as-needed basis. Center will be managed by DoT. PRESSURE SEAL MACHINE: Replace the existing heat-seal machine used for payroll checks with new technology that will support laser-printing technology. WORKSTATIONS AND PRINTERS: Requests for 40 workstations, softwars, and printers outside of the PC rsplecement program such as the new Police building, Parks & Recrsation, and Economic Development. Subtotal for New Initiatives: Recommended Funding 125,000 50,000 30,000 20,000 15,000 100,000 340,000 Total for All Technology Requests: TOTAL Technology CMERP funding available: 1,971,205 1,971,205 Page 4 of 4 CITY OF ROANOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 21,2000 File #60-72-178-236-247_313 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35175-121800 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of funds in connection with CDBG program income from the Roanoke Redevelopment and Housing Authority and CDBG miscellaneous program income. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Department of Management and Budget Frank E. Baratta, Grants Compliance Officer H:~,Agendas 2000\Corresp-Budget Dec 18.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2000. No. 35175-121800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amendedand reordained to read as follows, in part: Appropriations Community Development Block Grant FY00 $ CDBG Unprogrammed - FY00 (1) ............................ Community Development Block Grant FY01 $ CDBG Unprogrammed - FY01 (2-4) ........................... HOME Program HOME Unprogrammed - FY00 (5) ............................ HOME Unprogrammed - FY01 (6) ............................ Revenues Community Development Block Grant FY00 (7-15) ................ $ Community Development Block Grant FY01 (16-21) ............... HOME Program (22) ........................................ 3,323,197 170,883 2,837,268 295,264 4,659,563 178,311 28,605 3,323,197 2,837,268 4,659,563 1) Unprogrammed CDBG - RRHA- FY00 2) Unprogrammed CDGB - Section 108 Loan Repayment- FY01 3) Unprogrammed CDBG - Other- FY01 4) Unprogrammed CDBG RRHA- FY01 5) Unprogrammed HOME Funds- FY00 (035-G00-0040-5197) $ 45,219 (035-G01-0140-5188) (035-G01-0140-5189) (035-G01-0140-5197) (035-090-5322 -5320) 260,728 6,416 28,120 11,435 6) Unprogrammed HOME Funds - FY01 7) Parking Lot Income 8) Other Program Income 9) Demolition 10) Williamson Road Garage 11) Loan Repayment- NNEO 12) Home Ownership Assistance 13) Downtown Associates 14) Rental Rehabilitation Loan Repayment 15) Land Sale 16) Parking Lot Income 17) Home Ownership Assistance 18) Hotel Roanoke Section 108 Loan Repayment 19) Rental Rehabilitation Loan Repayment 20) Land Sale 21) Mini-grant Refund 22) HOME-Loan Repayments (035-090-5323-5320) (035-035-1234-0002) (035-035-1234-0003) (035-035-1234-0004) (035-035-1234-0007) (035-035-1234-0009) 28,605 25,470 (5,030) 4,769 (13,280) (2,119) (035-035-1234-0022) 7,735 (035-035-1234-0033) 1,758 (035-035-1234-0040) 25,781 (035-035-1234-0042) 135 (035-G01-0100-0002) 15,235 (035-G01-0100-0022) 5,919 (035-G01-0100-0034) 26O,728 (035-G01-0100-0040) 427 (035-G01-0100-0042) 12,458 (035-G01-0100-7281 ) 497 (035-035-1234-7235) 40,040 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. JAMES D. GRISSO Director of Finance December 18, 2000 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director The The The The The The The Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: CDBG Program Income from Roanoke Redevelopment and Housing Authority By agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority administers a large segment of the City's Community Development Block Grant program. The Housing Authority receives program income during the course of its administration of various projects through the sale of land and the receipt of loan repayments from project area residents. The Housing Authority is required to transfer this program income to the City of Roanoke. The City is required to use the income for eligible community development activities. The Housing Authority has made payments to the City in the amount of $74,476 from January 1, 2000 to November 30, 2000 in excess of revenue estimates previously adopted. Of this amount, $12,593 resulted from the sale of property, $40,705 in parking lot rental, and $21,178 from various loan repayment programs. CDBG Miscellaneous Program Income The City has received miscellaneous program income as listed below. The amounts represent the difference between what was actually received and the amount that was previously adopted based on repayment estimates. $260,728 from Hotel Roanoke, L.L.C. for loan repayment and interest on the $6,000,000 Section 108 loan from U. S. Department of Housing and Urban Development. During FY01, Hotel Roanoke, L.L.C. made payment totaling $500,728, of which $138,166 was principal and $362,562 was interest. $13,293 in various loan repayments, $4,769 in demolitions revenue and $497 in mini-grant refunds. The amount received in FY00 from the Williamson Road Parking Garage was Honorable Mayor and Members of City Council December 18, 2000 Page 2 $13,280 less than anticipated. Thus, the corresponding revenue budget needs to be decreased by $13,280. We recommend that City Council appropriate the total $340,483 in unanticipated CDBG program income as follows: Unprogrammed CDBG - RRHA- FY00 (035-G00-0040-5197) Unprogrammed CDBG - Section 108 Loan Repayment - FY01 (035-G01-0140-5188) Unprogrammed CDBG - Other - FY01 (035-G01-0140-5189) Unprogrammed CDBG - RRHA - FY01 (035-G01-0140-5197) $45,219 260,728 6,416 28,120 The amounts being appropriated to unprogrammed accounts will be available for future appropriation for eligible community development purposes. HOME Program Income The Housing Authority also administers a segment of the City's HOME program. The assistance provided by the Housing Authority is predominantly in the form of Iow- or no-interest active and deferred loans to eligible homeowners and homebuyers. Loan repayments constitute program income to the City's HOME program. As of November 30, 2000, loan repayments received in excess of budget estimate equal $40,040. We recommend that City Council appropriate $11,435 to the Unprogrammed HOME - FY00 account (035-090-5322-5320) and $28,605 to the Unprogrammed HOME - FY01 account (035- 090-5323-5320). This will be available for future appropriation for eligible HOME activities. I would be pleased to answer questions which City Council may have. Sincerely, Director of Finance JDG/THT:s C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Barry L. Key, Director of Management and Budget Frank E. Baratta, Grants Compliance Mary F. Parker, City Clerk JAMES D. GRISSO Director of Finance December 18, 2000 CITY OF ROANOKE¥ DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 46~0 i"" I A i'~}?_ .1 ~ RO. Box1220 , . ~ Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: We are very pleased to present our audited fiscal year 2000 Comprehensive Annual Financial Reports for the City of Roanoke and the City of Roanoke Pension Plan. Both documents have unqualified (the best) opinions from our external certified public accountants. The unaudited General Fund Capital Maintenance and Equipment Replacement Program (CMERP) of $4,708,412 reported to you August 2, 2000 is unchanged. The unaudited School Fund Capital Maintenance and Equipment Replacement Program (CMERP) of $1,508,691 to you is also unchanged. These balances are available for future appropriation ordinances to be approved by City Council. The sound financial condition of our governmental, proprietary, and fiduciary operating funds is attributable to those difficult decisions which City Council makes to allocate the City's limited resources to meet the needs of our customers, the citizens of Roanoke. A special thank you for "teamwork" goes to Mr. Jesse A. Hall, Deputy Director of Finance, Ms. Ann Allen, Manager of Accounting Services, Ms. Alicia Stone, Financial Systems Accountant, Ms. Joyce Sparks, Retirement Administrator, Ms. Patti Saunders, Finance Administrative Secretary, Ms. Gloria Deese, Retirement Account Technician, Chris Slone, Public Information Officer, Ms. Linda Bass, Economic Development Specialist, and the entire Department of Finance staff for their professional and dedicated work in the preparation of these complex Annual Financial Reports. Honorable Mayor and Members of City Council December 18, 2000 Page 2 I would be pleased to answer any questions you may have regarding the two Annual Financial Repods. Sincerely, ,?es s¢ Director of Finance JDG:s Enclosures CC: Darlene L. Burcham, City Manager James D. Ritchie, Deputy City Manager William M. Hackwodh, City Attorney Mary F. Parker, City Clerk Will Claytor, Director, Real Estate Valuation Robed H. Bird, Municipal Auditor Adhur B. Crush, III, Clerk of Circuit Coud David C. Anderson, Treasurer George M. McMillian, Sheriff Donald S. Caldwell, Commonwealth's Attorney Sherman A. Holland, Commissioner of the Revenue Robed K. Bengtson, Director of Public Works George C. Snead, Jr., Assistant City Manager for Community Development Elizabeth Neu, Chief, Economic Development Wayne Harris, Superintendent of Schools Richard Kelley, Assistant Superintendent of Operations Chris Slone, Public Information Officer Dana Long, Chief, Billings and Collections CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 18, 2000 File #20-165 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a statement presented by Ms. V. Lee Wolfe, President, Gainsboro Neighborhood Alliance, requesting the Mayor to reconsider his endorsement of 1-73 and oppose 1-73 along the 1-581 route, which statement was before the Council of the City of Roanoke at a regular meeting on Monday, December 18, 2000. The statement was referred to you for your information. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Ms. V. Lee Wolfe, President, Gainsboro Neighborhood Alliance, P. O. Box 12728, Roanoke, Virginia 24028 H:~Agendas 2000\Corresp Dec 18.wpd GAINSBORO NEIGHBORHOOD ALLIANCE P. O. BOX 12728 ROANOKE, VA 24028 December 18, 2000 To Mayor Smith and City Council Members: We were very disappointed to read that Roanoke City Council endorses the 1-73 project. We already have an Interstate 581, which according to your reasoning is an important element in our economic future. If the economy is a real concern, we need to explain that to the workers laid off at the railroad. Surrounding local governments have taken positions against their western and eastern options. That should tell you something. It is not clear or certain what type of economic punch 1-581 would further offer. Even 1-581 has caused blight and flight as well as separation of S.E. neighborhoods from the city. Further infringement on our community is not desirable. 1-73 would destroy Roanoke City along 1-581. We are asking Mayor Smith to reconsider endorsement and oppose 1-73 along 1-581 route. City Council has not answered the questions or concerns that were mailed in July and August 2000; nor met to get the concerns of the Presidents Council of the city neighborhoods. Hundreds of citizens have registered opposition with VDOT. They have attended meetings with us for more than a year. We are not in favor of further polluting our air, water, or land. The Roanoke City Council should be making plans to decongest traffic, not add traffic, improve the physical appearance of this valley, consider ways to deconstruct these concrete pillars, asphalt, and railings; then use the space for greenways, scrubs, and tree plantings. Government's function is to protect the citizenry. Perceived economic benefits should not take precedence over the public's health. If you know something that is not apparent, then share it with the citizens you are elected to serve. While we may not be philanthropists or politicians, we are people. PLEASE refrain from ignoring us, we just live and work here as well as many others in this small valley. V. Lee Wolfe, president of GNA. The other presidents, Bethel and Pannell who live here also agree. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk December 22, 2000 File #24-51 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 18, 2000, a public hearing was advertised to consider an amendment to Division 5, Special District Regulations, Article III, District Regulations, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to include a subdivision entitled Subdivision H, INPUD, Institutional Planned Unit Development District, and to amend and reordain Section 36.1-562, Standards, Division 12, Group Care Facilities, Article IV, Supplementary Regulations, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for a new institutional planned unit development district. Council concurred in a request of the City Manager that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm H:~Agendas 2000\Corresp-Budget Dec 18.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE amending Division 5, Special District Regulations, of Article III, District Regulations, by the addition of a subdivision entitled Subdivision H, INPUD, Institutional Planned Unit Development District; and amending and reordaining §36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary_ Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to provide for a new institutional planned unit development district. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Division 5, Special District Regulations, of Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of the following subdivision: Subdivision H. INPUD, Institutional Planned Unit Development District Sec. 36.1-395. Intent. The INPUD, Institutional Planned Unit Development District is intended to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. Sec. 36.1-396. Application. (a) Any area meeting the requirements of this section may, by amendment to this chapter, be zoned INPUD, institutional planned unit development district, and such area shall be designated INPUD on the official zoning map; (b) Development within an area zoned INPUD shall occur on one (1) lot, or if more than one (1) lot, on lots which are contiguous or would be contiguous but for their separation by a street; and (c) Any such INPUD district shall consist of at least two (2) acres. Sec. 36.1-397. Permitted Uses. The following uses shall be permitted in the INPUD district: (1) Group care facilities subject to the requirements of section 36.1- 560, et. seq. (2) Elementary and secondary schools. (3) Laboratories and testing facilities. (4) General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises. (5) Establishments engaged in the wholesale distribution of goods. (6) Principal permitted uses in the C-2 district, not including outdoor advertising, as provided in section 36.1-206, et seq. (7) Principal permitted uses in the C-3 district, not including outdoor advertising, as provided in section 36.1-226, et seq. Sec. 36.1-398. Development Standards. All applications for review and approval in INPUD districts shall comply with the following standards of development: 2 (a) Maximum Floor Area Ratio: The maximum floor area ratio of all principal and accessory buildings shall be ten (10.0). (b) Yards: There shall be no minimum yard requirement, but no building within an INPUD district shall be closer than fifty (50) feet to any lot outside the INPUD district which either is a residential district or contains a residential use. (c) Height: There shall be no maximum height of structures, but any building within the INPUD district which is on a lot adjoining a lot outside the INPUD district which either is a residential district or contains a residential use, shall have a maximum height of forty-five (45) feet, unless otherwise provided for in section 36.1-409. (d) Open Space: A minimum often (10) percent of the gross area of the INPUD district shall be open and usable recreation space which is unencumbered by driveways or parking. When residential uses exist, or are proposed in the INPUD district, a minimum of twenty percent of the gross area of the INPUD district shall be open and useable recreation space which is unencumbered by driveways or parking. The open space area may consist of open pedestrian plazas or decks over structures which are not more than twenty (20) feet from the average ground level on which the structure is located. (e) Outdoor Storage: In the INPUD district there shall be no outdoor storage. (f) Utilities: Distribution lines for all utility services shall be located underground. (g) Parking: No parking area shall be closer than fifteen (15) feet to a lot outside the INPUD district which either is a residential district or contains a residential use. Parking in the INPUD district shall adhere to the requirements as set forth in Section 36.1-426 through Section 36.1-434 of the Code of the City of Roanoke (1979), as amended. Sec. 36.1-399. Application requirements. (a) The application for rezoning in an INPUD shall include an approved institutional development plan and a preliminary subdivision plat, combining all lots, in accordance with Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, when more than one lot is sought for rezoning. (b) The institutional development plan referenced in subsection (a), above, shall include a scaled development plan, pursuant to Section 36.1-570, et. seq., containing the following information, together with necessary explanatory materials: (1) The boundaries of the INPUD District involved and the ownership of properties contained therein, as well as all existing public and private streets, alleys, easements within and immediately adjacent to the district; (2) The location and use of existing buildings and the general location, extent, and use of proposed buildings or major additions to existing buildings; (3) The location of all existing parking facilities and the approximate location of all proposed parking facilities including surface parking lots, including the number of parking spaces for each lot or facility and all existing and proposed means of access to parking areas and to public or private streets, alleys, and easements; (4) Any proposed changes in the location, width, or character of public streets, alleys, or easements within and adjacent to the district. Any private driveways or loading areas that intersect with public rights-of-way or easements must be shown. If applicable, routes of emergency vehicles accessing the district must be delineated; (5) Existing and proposed pedestrian routes, including links between various buildings; (6) The general use of major existing and proposed open (7) (8) (9) spaces within the site and specific features of the plan, such as screening, buffering, or retention of natural areas, which are intended to enhance compatibility with adjacent properties. Calculations of a percentage of open space for the district plan must also be included; Infrastructure plans detailing the size and location of existing storm water, sanitary sewer, and water lines. Also included shall be estimates of impacts of proposed development on infrastructure capacity in the district and impacts on collector lines immediately outside of the district; The compatibility of all structures with the character and appearance of the surrounding neighborhood by virtue of the structures' height, bulk, and location within the INPUD; and Details shall be included to show that any activity producing glare will be carded on in such manner that the glare is not perceptible at or beyond the district boundary in which the activity is located. 2. Section 36.1-562, Standards., of Article IV, Supplementary_ Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: DIVISION 12. GROUP CARE FACILITIES Sec. 36.1-562. Group care facilities in RS-I, RS-2, RS-3 and RM-1 districts. (b) For those group care facilities permitted in an RM-2, RM-3, RM- 4, C-1, C-2, C-3, or INPUD district, the following standards shall apply: (1) The number of occupants, including supervisory personnel and family members living on the premises, shall be based on the following schedule: (i) In an RM-2 district: Three (3) occupants for every two thousand five hundred (2,500) square feet of lot area; (ii) In an RM-3 district: Three (3) occupants for every one thousand eight hundred (1,800) square feet of lot area; (iii) In an RM-4 district: Three (3) occupants for every one thousand (1,000) square feet of lot area; and (iv) In a CN, C-I, C-2, C-3 or INPUD district: Three (3) occupants for every one thousand (1,000) square feet of lot area. (2) (3) (4) (5) No group care facility shall be located closer than one thousand five hundred (1,500) feet to another group care facility; Each group care facility shall provide one hundred (100) square feet of open space per occupant; On-site parking and exterior activity areas shall be screened from adjoining properties; and Parking shall be adequate to meet the needs of staff and residents. ATTEST: City Clerk. H:\Ord-CA-Zoning\o-ca-zon-lnstituPlannedUnitDevelopment. PH. 12_ 18.00 6 Roanoke City Department of Plannim. ~ -, and Code Enforcemen ..... ..... t~ Room 166, Municipal Buildincj 215 Church Avenue, S.W. Roanoke, Virginia 24011 ..... -, -~: I (540) 853-2344 (Fax) 853-1230 "-· ! Email: planni~.g@c!.r?~an~k_e_.v~a.~us_ Roanoke City Council Public Hearing Agenda December 18, 2000 (2) Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Proposed amendment of the City Code to create a new zoning district, INPUD, Institutional Planned Unit Development District, to provide for mixed use institutional developments, and amending Sections 36.1-562, Standards, to add INPUD district to group care standards established for group care facilities. Background: Roanoke's zoning ordinance currently provides for two Planned Unit Development (PUDs) Districts: RPUD, Residential Planned Unit Development District, and IPUD, Industrial Planned Unit Development District (IPUD). The RPUD district provides for mixed residential and commercial uses. The IPUD district provides for mixed industrial and commercial uses. The INPUD, Institutional Planned Unit Development District, is being proposed by staff to address the gap between these districts by providing for institutional uses, mixed commercial uses, residential, and industrial uses in accordance with an adopted institutional development plan. Examples of how this district may be used include the expansion or development of schools, biomedical research facilities, hospitals, and other institutional uses. In addition to the amendment establishing the INPUD District, an additional amendment to the Group Care Facility section of the Zoning ordinance is proposed to order to establish standards for group care facilities in an INPUD district. An area zoned INPUD would provide for mixed commercial uses by allowing all principal permitted uses in C-2, General Commercial District, and C-3, Central Business District, but not outdoor advertising. Additionally, the INPUD District would provide for residential uses such as dwelling units located above ground-floor nonresidential uses, townhouses, and multi-family dwellings, and would allow industrial uses, such as laboratories and testing facilities, wholesale distribution of goods, and general storage and warehousing establishments. Furthermore, the INPUD District would allow more than one use on a lot. No specific properties are proposed for zoning as part of these amendment requests. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Planning Commission public hearing was held on November 16, 2000. City neighborhood groups were notified of the hearing and copies of the proposed amendments mailed for their review and comment. Mr. David Diaz, City Planner, presented the staff report and recommended that the Planning Commission approve the amendments. He advised that the new district will assist the city, citizens, and new institutions in developing quality, well-planned facilities that are compatible with adjacent land uses. Mr. Don Buffington, representing Brian Wisheff and Associates, appeared as a consultant to Carilion Biomedical Institute advising that the district may be useful. He advised that he had questions with respect to height restrictions, underground utilities, and child care facilities, especially how district requirements may affect the proposed biomedical development. Staff indicated that they would be happy to work further with the institute as design standards were developed for the redevelopment area. Mrs. Kathy Hill, 509 Arbor Avenue, S. E., addressed the Commission and read a prepared statement from Mrs. Christine Proffitt of the Historic Belmont Preservation Association, expressing concern for use of the new district by the Rescue Mission to expand beyond their present boundaries. Mrs. Hill advised that building height and bulk issues were important to neighborhoods and she was concerned about building group care facilities and tearing down existing houses for institutions. Mr. Bob Caudle, 4231 Belford Street, S. W., asked if any areas were proposed for rezoning or if a property owner would have to make a request. Planning staff advised that no zoning changes were being proposed by this amendment; if the Rescue Mission chose to change the zoning to expand their facilities, a rezoning petition could be filed by them. There was further discussion among staff and the Commission regarding the purpose of the district. It was noted that Norfolk had a similar district for institutions which assisted the city in successfully managing these types of uses. Several Commission members advised that additional performance standards for lighting, noise, odor, and dust should be studied and included at a later date. Mrs. Duerk advised that design standards for development also should be included. Staff noted that design could only be regulated in an historic district or by special enabling legislation granted by the General Assembly. Considerations: The development standards for the INPUD District would provide a petitioner with greater flexibility with respect to uses, yards, height, and minimum area requirements. For example, there are no minimum yard and height requirements proposed for the INPUD District, except when it is located adjacent to a residential district or a residential use. Where an INPUD District is adjacent to a residential district or use, the yard requirement is a minimum of 50 feet, and no structure may be over forty five (45) feet in height. In addition, the minimum area requirements for an INPUD District are 2 acres; whereas, the minimum acres for an IPUD District are 20 acres or 10 acres, if located in an urban enterprise zone. In return for relaxing such requirements, the petitioner must place all utility services underground, dedicate a minimum of ten (10) percent of the gross area to open space, a minimum of twenty (20) percent of gross area to open space when residential uses exist or are proposed, and submit an institutional development plan with the rezoning. The institutional development plan requires the following information: boundaries of development existing and proposed location and use of buildings parking proposed changes in streets, alleys, or easements proposed pedestrian routes open space infrastructure compatibility with character and appearance of surrounding neighborhood in terms of height, bulk, and location on lot The Comprehensive Plan recommends that: Development of new or existing commercial and institutional areas should be carefully planned and designed to promote quality development and good land use. Controls to help ensure that new or expanded commercial and institutional development are good neighbors should be carefully evaluated and strengthened where necessary. Recommendation: Planning Commission by a vote of 5-1 (Messrs. Butler, Manetta, Chrisman, Dowe, and Hill voting in favor, Mrs. Duerk voting in opposition, and Mr. Rife absent) recommended that City Council approve the Institutional Planned Unit Development (INPUD) District amendment, and related amendments, as provided for in Attachment A. Respe~ully submitted, ? . . Melvin L. Hill, Chairman Roanoke City Planning Commission Attachment cc: City Manager City Attorney Deputy City Manager Assistant City Manager for Community Development Assistant City Attorney 3 The Roanoke' Ti~s RoanQke~' virgini~~ Affidavit of Pu~liC~,l$,~9_~ The R~5~anOke Times'~- ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01565741 Additions/amendments State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~_~t~_day of Decembe~ ~000. Wit~s%~y_htnd and official seal.___~~_~___~~_~f~. , Notary Public My commission expires _~~_Z~__~T~O~_~_- PUBLISHED ON: 12/01 12/08 TOTAL COST: 254. 72 FILED ON: 12/13/00 ................................................... S i g n a t u r ~ .'-_~_~--'!L_~__~/' , Billing 7:00 p.m., o~. ~oon Umeaf- ter as the rn~ter may be Grandl~ Road, S.W., In oeder to consider an addition and Roanoke (1979), as amended. The 'proposed addition and tloas, of ~ I#, I~ct ~ -I,,Uons, of~ Chmptsr 36/I, o~ ~ (1979), as mme.d- INPUD, In~tltoU0~ ~ Unit Devek~m~nt D~t:~t, and woulU amend and reord~n of ROanoke (:Z. gT~), ~ m~end- .db'ectsd tq, the, O~k:e of Com- munity Plmmlnf,, 853-2344. All parMas in Intel'est'm~y appem* on the above dato and be hasrd on the que~lon. GIVEN under my hasd this 29th (1565741) Services Representative