HomeMy WebLinkAboutCouncil Actions 10-06-97SWAIN
33601
ROANOKE CITY CO UNCIL
REGULAR SESSION
October 6, 199 7
12:lSp. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call.
mo
All present.
A briefing with regard to Teen Pregnancy.
(12:15 p.m. - 12:35 p.m.)
File//72-304-370
Received and filed.
At 12:55 p.m., the meeting was declared in recess until 2:00 p.m.
R O/INOKE CITY CO UNCIL
RE G UL/IR SESSION
October 6, 199 7
2:00p. m.
CITY COUNCIL CHAMBER
~4 GEND~4 FOR THE COUNCIL
1. Call to Order -- Roll Call. All Present.
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 Mayor David A. Bowers.
Welcome. Mayor Bowers.
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, October 9,
1997, at 7:00 p.m.
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
MONDAY 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, MUNICIPAL BUILDING, OR AT 853-2541.
PUBLIC HEARINGS:
Ao
Public hearing to consider adoption of a Resolution approving the
issuance by the City of its general obligation bonds in an amount not to
exceed $5,000,000.00 for the purpose of financing, in part, the costs of
improvements and additions to Woodrow Wilson Middle School in the
City of Roanoke.
~Adopted Resolution No. 33601-100697. (7-0)
File #53-467
e
CONSENT AGENDA
C-1
(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.
Minutes of the Roanoke City Council Capital Improvement Program
Workshops held on Friday, June 13, 1997, and Thursday, June 26, 1997.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
3
C-2
A communication from Mayor David A. Bowers requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request for Council to convene in
File #15-110-132 Executive Session.
C-3 Qualification of the following persons:
John P. Baker as a member of the Economic Development Commission
for a term ending June 30, 2000;
/Bruce L. Robinson as a member of the Fair Housing Board for a term
ending March 31, 2000; and
f~Raymond D. Smoot, Jr., and Minnis E. Ridenhour for terms ending
February 24, 2001, and Dixon B. Hanna for a term ending
September 18, 2001, as Commissioners of the Hotel Roanoke
Conference Center Commission.
RECOMMENDED ACTION: Receive and file.
File #15-110-178-247-258-450
REGULAR AGENDA
e
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ao
Request to address Council with regard to the Lick Run Greenway
Opportunity. Liz Belcher, Roanoke Valley Greenway Coordinator.
(10 minutes)
bo
Request to address Council with regard to a greenway trail from Valley
View Mall across 1-581 on the new overpass along Lick Run to The
Hotel Roanoke. M. Rupert Cutler, Executive Director, Western Virginia
Land Trust. (10 minutes)
4
v/tThe remarks of Ms. Belcher and Dr. Cutler were referred to the
City Manager for report to Council.
File #67-247-379-455-514
Co
Request to address Council with regard to repair and replacement of
sidewalks and curb in the 1800 block of Oxford Avenue, S. W. Russell
Hawkins, Spokesperson. (5 minutes)
Withdrawn.
4. PETITIONS AND COMMUNICATIONS:
ao
A communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, requesting acceptance of and participation
in the Department of Criminal Justice Services grant for the
Victim/Witness Program, in the amount of $77,015.00.
Adopted Budget Ordinance No. 33602-100697 and Resolution No.
33603-100697. (%0)
File #60-133-236-502
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending an amendment to the Annual Update to
the HUD Consolidated Plan, and authorization to execute an
agreement with the Roanoke Neighborhood Development
Corporation.
-Adopted Resolution No. 33604-100697. (7-0)
File #178-200-236-405-511
o
A report recommending acceptance of a grant from the United
States Department of Health and Human Services under
provisions of the Runaway and Homeless Youth Act to provide
services to runaway and homeless youth at the City's Crisis
Intervention Center (Sanctuary).
Adopted Budget Ordinance No. 33605-100697 and Resolution
No. 33606-100697. (7-0)
File #60-72-236-304-305
A report recommending acceptance of a Library Services and
Technical Act Title I Subregional Library for the Blind Grant, in
the amount of $7,359.00, for enhanced library services for the
visually and physically challenged.
Adopted Budget Ordinance No. 33607-100697 and Resolution
No. 33608-100697. (7-0)
File #60-236-323-353
A report recommending authorization to execute an agreement
permitting the Department of Parks and Recreation to operate a
public fitness center at Breckinridge Middle School and
authorization for the City Manager to set usage fees for said
facility.
Adopted Resolution No. 33609-100697.
File #67-467
(7-0)
bo
Mr. White requested a breakdown on the market value of
fitness center services provided at Breckinridge Middle
School compared to the same services provided by a private
facility.
DIRECTOR OF FINANCE:
A financial report for the month of August, 1997.
Received and filed.
File #1-10
6. REPORTS OF COMMITTEES:
A report of the War Memorial Committee with regard to naming the
Peters Creek Road Extension Bridge. Sloan H. Hoopes, Chairperson.
The City Attorney was instructed to prepare the proper measure
naming the Peters Creek Road Extension Bridge over the Roanoke
River, "Veterans Bridge".
File/4102-110-200-518
bo
A report of the bid committee recommending award of a contract to
Virginia Gunite, Inc., in the amount of $229,500.00, for Bid Items 1 and
3 to remodel and upgrade the municipal swimming pools in Washington
Park and Fallon Park; and appropriation of funds in connection
therewith. Council Member John H. Parrott, Chairperson.
Withdrawn.
Co
A report of the Water Resources Committee recommending that the City
Engineer be authorized to make appropriate refunds of sewer cost
estimate fees collected in cases where a sewer cost estimate cannot be
provided to the applicant. Vice-Mayor Linda F. Wyatt, Chairperson.
Adopted Resolution No. 33610-100697. (7-0)
File #27-468
do
A report of the Water Resources Committee recommending exchange
of a certain 0.108 acre parcel of City-owned property located at the
Falling Creek Watershed for another parcel of land owned by the Jeters
Chapel Church of the Brethren located in Bedford County. Vice-Mayor
Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 33611 on first reading. (7-0)
File #2-166-215-468
eo
A report of the Water Resources Committee recommending that City
Council not provide or support use of Carvins Cove for
competitive/spectator events, and maintain the not-for-profit recreational
uses currently permitted by the City Code. Vice-Mayor Linda F. Wyatt,
Chairperson.
Concurred in the recommendation. (Council Member Harris voted
no.)
File #24-67-468
A report of the Water Resources Committee recommending acquisition
of property rights needed by the City for the Baker Avenue Storm Drain
Project; execution of a right-of-way agreement with Norfolk Southern
Corporation; and appropriation of funds in connection therewith. Vice-
Mayor Linda F. Wyatt, Chairperson.
Adopted Budget Ordinance No. 33612-100697 and Ordinance No.
33613-100697.
File #2-27-223-468
A report of the Water Resources Committee recommending
authorization for a revocable license to the current owner of property
located at 3624 Yellow Mountain Road, S. E., to permit installation of
a four foot high fence to encroach over and into the right-of-way of
Yellow Mountain Road, S. E. Vice-Mayor Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 33614 on first reading. (7-0)
File #169-322-468-514
he
A report of the Water Resources Committee recommending
authorization for a conditional permit for encroachment of an existing
building over and into the right-of-way along the alley located to the
rear of property at 26 Church Avenue, S. W. Vice-Mayor Linda F.
Wyatt, Chairperson.
Adopted Ordinance No. 33615 on first reading. (7-0)
File #169-468-514
7. UNFINISHED BUSINESS: None.
ge
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
mo
Ordinance No. 33595, on second reading, amending and reordaining the
Code of the City of Roanoke (1979), as amended, by enacting new
Section 2-47, Employee leave bank, to provide for the creation of a
leave bank for eligible employees of the City who elect to participate;
establishing the requirements and criteria for participation in such
program and for usage of such leave; authorizing the City Manager to
promulgate rules and regulations; and establishing a required
participation level.
Adopted Ordinance No. 33595-100697.
White voted no.)
File #24-184
(6-1) (Council Member
A Resolution designating a Voting Delegate and Alternate Voting
Delegate for the Annual Business Meeting of the National League of
Cities.
Adopted Resolution No. 33616-100697. (7-0)
File #228
Council Member Swain was elected the Alternate Voting Delegate.
MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
9
Council Member Swain referred to an inventory prepared by the
Fifth Planning District Commission of sidewalks in the City of
Roanoke where citizens board Valley Metro buses. He advised that
some of the sidewalks are in need of repair, or there are locations
where no sidewalks exist which could create a potential safety
hazard. He requested that the matter be referred to the City
Manager for investigation.
File #55-57-326
For presentation at the October 22, 1997 Council Meeting, Vice-
Mayor Wyatt requested that the Mayor proclaim the year 1998 as
the 150th Anniversary of the Women's Rights Movement.
File #3-87
bo
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR
CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK
AND COUNCIL'S TIME TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT
BACK TO COUNCIL.
Mr. Gary Bowman, 3580 Wright Road, S. W., requested that
Council provide non-partisan information to voters prior to the
November 4, 1997 referendum on the election district system, and
that placards be provided at the polling places listing the ballot
question and an explanation of the ballot question. Vice-Mayor
Wyatt suggested that copy of the election district map be posted at
each of the voting precincts. The matter was referred to the City
Attorney to research legal questions and report to Council.
File #40-132
l0
Mr. Thomas Goodwin, 856 Marshall Avenue, S. W., addressed
Council with regard to the 12:15 p.m., briefing on teen pregnancy.
File #72-304-370
Ms. Janet Vinyard, 4024 Griffin Road, S. W., which is located in the
Southern Hills section of the City, advised of the formation of a new
neighborhood alliance which will bring certain matters of concern
to the attention of Council in the near future. The Mayor suggested
that the Roanoke Neighborhood Partnership/City staff meet with
members of the alliance to discuss neighborhood concerns.
File #165-488
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., invited
Members of Council and City staff to certain activities sponsored by
the Virginia Citizens Planning Association, Inc., on Sunday,
October 12 and 13, 1997, at The Hotel Roanoke.
File #132-200
CERTIFICATION OF EXECUTIVE SESSION. (7-0)
v~t Amy W. Peck and Nicole Quarles were appointed as members of the
Special Events Committee for terms ending June 30, 1998.
File #110-317
RECEIVED
CITY CLERKS C~FFiCC
'g700T-2 P2:57
Roanoke, Virginia
October 6, 1997
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Please reserve space October 6, 1997, on Council's 12:15 p.m. agenda for a Briefing
conceming Teen Pregnancy.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/GDR/hw
City Attorney
Director of Finance
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 8, 1997
File #53-467
SANDRA H. EAKIN
Deputy City Clerk
Marsha W. Ellison, Chairperson
Roanoke City School Board
2030 Knollwood Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Ellison:
I am enclosing copy of Resolution No. 33601-100697 approving the issuance by the City
of its general obligation bonds, in an amount not to exceed $5,000,000.00, for the purpose
of financing, in part, the costs of improvements and additions to Woodrow Wilson Middle
School. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, October 6, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
Enclosure
pc:
The Honorable David C. Anderson, City Treasurer
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Ramsuer, Clerk, Roanoke City School Board
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William X Parsons, Assistant City Attorney
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 1997.
No. 33601-100697.
A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$5,000,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1997-A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, on June 26, 1997, the Commonwealth of Virginia Board of Education (the
"Board of Education") placed the application (the "Application") of the School Board of the City
of Roanoke, Virginia (the "School Board"), for a loan of $5,000,000 (the "Literary Fund Loan")
from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the
"Literary Fund"), for the construction, renovation and expansion of school buildings (the
"Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release of Literary Fund
moneys to the School Board and make a commitment to loan such moneys 'to the School Board
(the "Commitment") within one (1) year of placement of the Application on the First Priority
Waiting List upon receipt by the Literary Fund of an unencumbered sum available at least equal
to the amount of the Application and the approval, by the Board of Education, of the Application
as having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given advances on the amount
of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation
of the Project progressed, in exchange for temporary notes from the School Board to the Literary
Fund (the "Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount of
the Commitment, the Temporary Notes were to have been consolidated into a permanent loan
note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to
evidence the obligation of the School Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne interest at fo~ percent
(4.0%) per annum and mature in annual installments for a period of twenty (20) years;
WHEREAS, in connection with the 1997 Interest Rate Subsidy Program (the "Program"),
the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation
school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum
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cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value
difference, determined on the date on which the VPSA sells its bonds, between the weighted
average interest rate that the general obligation school bonds of the City will bear upon sale to
the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an
allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance");
WHEREAS, the Council (the "Council") of the City, has determined that it is necessary
and expedient to borrow not to exceed $5,000,000 and to issue its general obligation school bonds
for the purpose of financing certain capital projects for school purposes; and
WHEREAS, the City held a public hearing, duly noticed, on October 6, 1997, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section
15.1-227.8.A, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has, by resolution, requested the Council to
authorize the issuance of the Bonds (as hereinafter defined);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that
it is advisable to contract a debt and issue and sell its gene,ral obligation school bonds in an
aggregate principal amount not to exceed $5,000,000 (the "Bonds") for the purpose of financing
certain capital projects for school purposes. The Council hereby authorizes the issuance and sale
of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell
to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution. 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 a Bond Sale Agreement, dated as of October 15,
1997, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form
submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale
Agreement").
3. Detaila of the Bonds. The Bonds shall be issuable in fully registered form; shall be
dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 1997-A"; shall bear interest from the date of delivery thereof payable
semi-annually on each January 15 and .July 15 beginning July 15, 1998 (each an "Interest
Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall
mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth
on Schedule I attached to Exhibit A hereto (the "Principal Installments"), subject to the provisions
of Section 4 of this Resolution.
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4. Interest Rates and Principal Installments. The City Manager is hereby authorized
and directed to accept the interest rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid
by the VPSA for the corresponding principal payment date of the bonds to be issued by the
VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the
Bonds, and provided further that the tree interest cost of the Bonds does not exceed eight percent
(8%) per annum. The Interest Payment Dates and the Principal Installments are subject to change
at the request of thc VPSA. The City Manager is hereby authorized and directed to accept
changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA,
provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized
by this Resolution. The execution and delivery of thc Bonds as described in Section 8 hereof
shall conclusively evidence such interest rates established by the VPSA and Interest Payment
Dates and thc Principal Installments requested by the VPSA as having been so accepted as
authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Pavment: Paving A~ent and Bond Registrar. The following provisions shall apply
to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately available
funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal
Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth
of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest
Payment Date or Principal Payment Date.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds.
(c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not
be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the
City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA
or the registered owner of the Bonds.
8. Execution of the Bonds. The l~Iayor or Vice Mayor of the City and the Clerk or any
Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds and
to affix the seal of the City thereto.
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9. Pledlle of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and
credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall
be 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 and premium, if any, and the interest on the Bonds as such
principal, premium, if any, and interest 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. Use of Proceeds Certificate and Certificate as to Arbitrage. 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 Certificate as to Arbitrage and a Use of Proceeds Certificate, each
setting forth the expected use and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the provisions of the Internal
Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the
exclusion fi.om gross income of interest on the Bonds and on the VPSA Bonds except as provided
below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and
sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage
and such Use of Proceeds Certificate and that the City shall comply with the other covenants and
representations contained therein and (ii) the City shall comply with the provisions of the Code
so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income
for Federal income tax purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the
City Manager and such officer or officers of the City as either may designate are hereby
authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit
and investment of proceeds of the Bonds by and among the City, the other participants in the sale
of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the
form submitted to the Council at this meeting, which form is hereby approved.
12. Continaing Disclosure Agreement. 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
Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement,
setting forth the reports and notices to be filed by the City and containing such covenants as may
be necessary in order to show compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12.
13. Filin~ 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.
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14. 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 Bonds and any
such action previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned City Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a tree and correct extract from the minutes of a meeting of the City Council
held on October 6, 1997, and of the whole thereof so far as applicable to the matters referred to
in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and
that, during the consideration of the foregoing resolution, a quorum was present.
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
October, 1997.
day of
City Clerk,
City of Roanoke, Virginia
[SEAL]
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EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TS-1 $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, VIRGINIA
General Obligation School Bond
Series 1997-A
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1998 and
annually on each July 15 thereafter to and including July 15, 2017 (each a "Principal Payment
Date"), together with interest from the date of this Bond on the unpaid installments, payable
semi-annually on January 15 and July 15 of each year, commencing on July 15, 1998 (each an
"Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the
rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as
hereinafter provided. Both principal of and interest on this Bond are payable in lawful money
of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make all
payments of principal, premium, if any, and interest on this Bond, without the presentation or
surrender hereof, to the Virginia Public School Authority, in immediately available funds at or
before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption.
If a Payment Date or date fixed for prepayment or redemption is not a business day for banks
in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of
principal, premium, if any, or interest on this Bond shall be made in immediately available funds
at or before 1 l:00 a.m. on the business day next preceding the scheduled Payment Date or date
fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said
payments of principal, premium, if any, and interest, written acknowledgment of the receipt
thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of
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its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond
shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the
principal of and the premium, if any, and interest on this Bond. The resolution adopted by the
City Council authorizing the issuance of the Bonds provides, and Section 15.1-227.25 (Section
15.2-2624, effective December l, 1997) of the Code of Virginia 1950, as amended, requires, that
there shall be levied and collected a tax upon all taxable property within the City sufficient to pay
when due the principal of and premium, if any, and interest on 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.
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 5.1, Title 15.1 (Chapter 26, Title 15.2, effective December l, 1997), Code of
Virginia 1950, as amended, and resolutions duly adopted under said chapter by the City Council
of the City and the School Board of the City to provide funds for capital projects for school
purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar 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, and; in any case, having an equal aggregate principal
amount having maturities and bearing interest at rates corresponding to the maturities of and the
interest rates on the installments of principal of this Bond then unpaid. This Bond is registered
in the name of the Virginia Public School Authority on the books of the City kept by the 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 hereinabove 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 installments of this Bond are not subject to redemption or prepayment.
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.
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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 , 1997.
CITY OF ROANOKE,
VIRGINIA
(SEAL)
ATTEST:
Clerk,
City of Roanoke, Virginia
Mayor,
City of Roanoke, Virginia
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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:
Registered Owner
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" without alteration or change.)
meeting the requirements of the Bond
Registrar which requirements will include
(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,
Membership or participation in STAMP or such other
"signature guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Secu[ities Exchange
Act of 1934, as amended.
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SCHEDULE I
PRINCIPAL INSTALLMENTS
Date
Principal Installments
7/15/98
7/15/99
7/15/00
7/15/01
7/15/02
7/15/03
7/15/04
7/15/05
7/15/06
7/15/07
7/15/08
7/15/09
7/15/10
7/15/11
7/15/12
7/15/13
7/15/14
7/15/15
7/15/16
7/15/17
Total
$217,442.00
$218,539.00
$218,705.00
$218,991.00
$219,290.00
$219,604.00
$219,934.00
$220,335.00
$221,493.00
$223,969.00
$227,164.00
$229,548.00
$231,182.00
$233,019.00
$235,012.00
$237,232.00
$239,692.00
$242,407.00
$245,333.00
$248,417.00
$4,567,308.00
R KE~IK)502649.WPD
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Ad Number: 642905
Publisher's Fee: $121.60
ROANOKE CITY SCHOOLS
RICHARD L. KELLEY, ASST.
P. O. BOX 13145
ROANOKE, VA 24031
The Roanoke Times
RECEtVEO
[;ITY CLERK~ OF
OCT-6 P1:46
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, 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:
09/22/97 FULL RUN - Monday
09/29/97 FULL RUN - Monday
Witness, this 2nd day of October 1997
Authorized Signature
NOTICE oF PUBUC HEARING
ON PROPOSED, BOND
FINANCING BYTHE CDY
OF ROANOKE, VIRGINIA
Notice i~ hereby given that the
Council of the City of Roanoke
VIr~nla ("the Counc ") will hold
a public huedng, which may be
continUed or adjourned, as
required under applicable law
at 2:00 p.m. on October 6,
1997, at the Municipal *Build:
In~, 215 Church Avenue, S.W.,
RoanOke, Virginia, in connnc.
tJon ~ the intention of the
Council to cormJdor f~r Passage
a msok~l~ appro~ng the issu.
ance by the CIty'of Its general
obligatfon bond or bonds in an
amount not to exceed
~5,000,000.00 ("the Bonds")
for the purpose of financing in
part the costs of Improvements
and additions to Woodrow WII.
son Middle Schoot in the City
of Roanoke. Any cltlzen~ inter-
ested in the Issuance of the
Bonds may*apponr and be
Given under my hand this 17th
day of September, 1997.
Mary F. Pmkor
C~y Clerk
Roanoke, Virginia
(642905)'
RECEIVED
CITY OF ROANOI~ CITY CLERKS 0FFiCF.
ZNTERDE?A TM CO C I I -2 PI:0?
DATE: October 2, 1997
TO: Mary F. Parker, City Clerk
FROM: William X Parsons, Assistant City Attorney b~ M'
SUBJECT: VPSA Interest Rate Subsidy Bond Sale
At City Council's October 6, 1997, meeting, a public heating will be held on issuance
of the above-referenced bonds. A resolution authorizing the issuance of the bonds will be presented
to Council for consideration. The resolution indicates that the bond sale agreement and the proceeds
agreement are being submitted to Council at the meeting.
Attached are copies of the agreements mentioned above. Please have them available
for submission to Council at Monday's meeting.
Thank you for your cooperation.
~fiFXP/lsc
Attachments
cc: Wilburn C. Dibling, Jr., City Attorney (w/o atta.)
VIRGINIA PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
dated as of October 15, 1997
Name of Jurisdiction (the "Local Unit"): City of Roanoke, Virginia
Sale Date: Not earlier than October 27, nor later than November 15, 1997
Closing Date: On or about November 20, 1997
Principal Amount (Not to Exceed): $5,000,000.00
Amortization Period: Up to Twenty (20) Years
1. The Virginia Public School Authority CVPSA") hereby offers to purchase your general
obligation school bonds in an amount not to exceed the Principal Amount set forth above
from the proceeds of the VPSA's bonds, the sale of which is scheduled to take place on
the Sale Date.
o
You represent that on or before October 15, 1997, your local governing body will have
duly authorized the issuance of your bonds by adopting a resolution in the form attached
hereto as Appendix B (the "local resolution") and that your bonds will be in the form set
forth in the local resolution. Any changes that you or your counsel wish to make to the
form of the local resolution and/or your bonds must be approved by the VPSA prior to
adoption of the local resolution by your local governing body.
You hereby covenant that you will comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form attached hereto as Appendix F, which
agreement is hereby incorporated by reference herein and expressly made a part hereof
for all purposes. The VPSA has defined a Material Obligated Person ("MOP") for
purposes of the Continuing Disclosure Agreement as any Local Issuer the principal
amount of whose local school bonds pledged under VPSA's 1997 Resolution compromise
more than 10% of the total principal amount of the pool of all such local school bonds.
Because the 1997 Fall issue will be the VPSA's first under the 1997 Resolution, VPSA
anticipates that the threshold for'MOP may be around $20 million (assuming a $200
million issue). If interest rates rise before the sale, the threshold will decline if the VPSA
delays refunding some of its potential refunding candidates. MOP status will be
determined by adding to the principal amount of your local school bonds to be sold to the
VPSA, the principal amount of your local school bonds that correlate to series and
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maturities of VPSA bonds refnnded in this sale and measuring the total against 10% of
the face value of VPSA's bond issue. If you are a MOP, the VPSA may require that you
file all the information described in the second following paragraph prior to VPSA
mailing its Preliminary Official Statement, currently scheduled on or about October 20,
1997.
Whether you are or are not initially a MOP, the VPSA will advise you by September 1
of each year as to whether you were a Material Obligated Person ("MOP") as of the end
of the preceding fiscal year and will also advise you of your status as a MOP as of any
other date upon your written request.
You hereby covenant that (i) if you are a MOP and (ii) the VPSA is issuing additional
obligations, that you will (a) make such additional filings, if any, as in your judgment are
necessary, with Nationally Recognized Municipal Securities Information Repositories
("NRMSIRs") and the Municipal Securities Rulemaking Board ("MSRB") to make the
information on file with NRMSIRs and the MSRB true, correct and complete and (b)
deliver to the VPSA upon the date of delivery of its obligations, a certificate that the
information on file, taken together, is tree and correct, and did not as of the date of filing,
and does not as of the date of delivery of the VPSA obligations, contain any untrue
statement of a material fact or omit to state a material fact which should be included
therein for the purpose for which the filings are to be used, or which is necessary in order
to make the statements contained therein, in light of the circumstances under which they
were made, not misleading.
VPSA's commitment to purchase your bonds is contingent upon (i) VPSA's receipt on
the Closing Date of (a) your bonds which shall include and otherwise meet the Standard
Terms and Conditions contained in Appendix A hereto, (b) certified copies of the local
resolution and the school board resolution (see Appendix E attached hereto), (c) an
executed agreement, among VPSA, you and the other local units simultaneously selling
their bonds to VPSA, Central Fidelity National Bank and Mentor Investment Advisors,
LLC, the depository and the investment manager, respectively, for the State Non-Arbitrage
Program ("SNAP"), providing for the custody, investment and disbursement of the
proceeds of your bonds and the other general obligation school bonds, and the payment
by you and the other local units of the allocable, associated costs of compliance with the
Internal Revenue Code of 1986, as amended, and any costs incurred in connection with
your participation in SNAP (the "Proceeds Agreement"), (d) an executed copy of the Use
of Proceeds Certificate in the form attached hereto as Appendix C, (e) an approving legal
opinion from your bond counsel in form satisfactory to VPSA as to the validity of the
bonds and the exclusion from gross income for federal and Virginia income tax purposes
of the interest on your bonds, the conformity of the terms and provisions of your bonds
to the requirements of this Bond Sale Agreement including the appendices attached hereto,
and the due authorization, execution and delivery of this Bond Sale Agreement, the
Continuing Disclosure Agreement and the Proceeds Agreement, and the validity of the
Continuing Disclosure Agreement and the Proceeds Agreement, (f) a transcript of the
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o
other customary closing documents not listed above, and (g) the proceeds of VPSA's
bonds, and (ii) your compliance with the terms of this agreement. Two complete
transcripts (one original) of the documents listed above shall be provided by your counsel
to the VPSA on the Closing Date or, with VPSA's permission, as soon as practicable
thereafter but in no event more than ten (10) business days after the Closing Date.
This Bond Sale Agreement shall take effect on October 15, 1997.
Virginia Public School Authority
By:.
Authorized VPSA Representative
City of Roanoke, Virginia
By:
Sanle:
Title:
(For information only; not part of the Bond Sale Agreement.)
Please have the presiding officer, or other specifically designated agent, of your governing body
execute 2 copies of this Bond Sale Agreement and return them, along with the tax
questionnaire attached hereto as Appendix D, no later than close of business on October 15,
1997 to Richard A. Davis, Debt Manager, Virginia Public School Authority, [by mail] P.
O. Box 1879, Richmond, Virginia 23218-1879 or [by hand or courier servicel James Monroe
Building- 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. If your governing body
or bond counsel requires more than one originally signed Bond Sale Agreement, please send the
appropriate number; all but one will be returned at closing.
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APPENDIX A
to the Bond Sale Agreement
STANDARD TERMS AND CONDITIONS
Described below are terms of the local school bonds which must be embodied in your bond
resolution and bond form and other conditions which must be met in order for VPSA to purchase
your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless
and until such terms are present in the related bond resolution and bond form adopted by your
governing body and such conditions are met.
Interest and Principal Payments
Your bonds will bear interest fi:om the Closing Date~ set forth in the Bond Sale Agreement
and will mature on July 15 of the years and in the mounts as established by VPSA. Your
bonds will bear interest payable in installments due semiannually on January 15 and July 15.
The first interest installment will be payable on July 15, 1998 and the first principal
installment will be payable on July 15, 1998. Your bonds will bear interest at rates 10 basis
points (0.10%) above the actual rates on VPSA's bonds with corresponding principal
payment dates.
Payment
For so long as the VPSA is the registered owner of your bonds,
(i) the paying agent and bond registrar therefor shall be a bank or trust company
qualified to serve as such, and
(ii)
all payments of principal, premium, if any, and interest shall be made in funds that
shall be immediately available to the VPSA on or before 1 I:00 A.M. on the
~If VPSA does not purchase your local school bonds on the Closing Date due to your
failure, VPSA will invest, in demand or overnight investments, the amount of its bond proceeds
to be used to purchase your local school bonds. If you remedy your failure within the sixty (60)
day period following the Closing Date, the VPSA will purchase your local school bonds and
your bonds will bear interest from the date-of delivery and payment or other date satisfactory to
the VPSA. You will, however, be required to pay to VPSA an amount equal to the positive
difference, if any, between the amount of interest that would have accrued on your local school
bonds from the Closing Date to your actual closing date and the amount of interest income
VPSA was able to earn, during such period, from the investment of its bond proceeds pending
their use to purchase your bonds.
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applicable interest or principal payment date, or date fixed for prepayment or
redemption, or if such date is not a business day for banks in Virginia or for the
Commonwealth, then on or before 11:00 A.M. on the business day preceding such
scheduled due date. Overdue payments of principal and, to the extent permitted by
law, interest shall bear interest at the applicable interest rates on your bonds.
Security
Your bonds must constitute valid and binding general obligations for the payment of
which the full faith and credit of the local unit are irrevocably pledged, and all taxable
property within the boundaries of the local unit must be subject to the levy of an ad
valorem tax, over and above all other taxes and without limitation as to rate or amount,
for the payment of the principal of, and premium, if any, and interest on the bonds to the
extent other funds of the local unit are not lawfully available and appropriated for such
purpose.
Tax Matters
You shall complete the Questionnaire attached as Appendix D to the Bond Sale
Agreement and send along with the Bond Sale Agreement no later than the close of
business on October 15, 1997 to Richard A. Davis, Virginia Public School Authority,
P.O. Box 1879, Richmond, Virginia 23218-1879. If delivered by hand to, Richard A.
Davis, Debt Manager, Virginia Public School Authority, James Monroe Building- 3rd
Floor, 101 N. 14th Street, Richmond, Virginia 23219. You shall execute the Use of
Proceeds Certificate in the form provided in Appendix C attached to the Bond Sale
Agreement for receipt by the VPSA at least three business days prior to the Closing Date.2
No Composite Issue
You will covenant not to sell or deliver, without VPSA's consent, any general obligation
bonds which are part of the same common plan of financing (and payable from the same
source of funds) as your local school bonds, beginning, in the case of a sale, 15 days in
advance of and ending 15 days after the Sale Date.
2 VPSA requires that the Use of Proceeds Certificate be executed separately from the tax
certificates prepared by your bond counsel. Your bond counsel may also prepare one or more
tax certificates that contain some information found in the Use of Proceeds Certificate in
addition to information such as your reasonable expectations as to meeting the requirements of
any of the rebate exceptions.
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Public Hearing and Notice
Before the final authorization of your issuance of the bonds by the governing body, the
governing body must hold a public hearing on the proposed issue unless the issuance of
such bonds has been approved at referendum. The notice of the hearing, meeting the
requirements of Section 15.1-227.8, Code of Virginia 1950, as amended, must be
published once a week for 2 successive weeks (notices at least 7 days apart) in a
newspaper published or having general circulation in your locality. The public hearing
may not be held less than 6 nor more than 21 days after the date the second notice
appears in the newspaper.
Delivery
VPSA will accept delivery of your bonds only in the form of a single, typewritten,
temporary bond, in registered form, payable to VPSA. The form of the bond is included
as Exhibit A to the resolution in Appendix B to the Bond Sale Agreement. On 20 days
written notice from VPSA, you agree to deliver, at your expense, in exchange for the
typewritten bond, 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, and; in any case, having an equal aggregate principal amount, bonds in
marketable form in denominations of $5,000 or any whole multiple thereof, as requested
by VPSA.
Comprehensive Annual Financial Report
Annually for the life of your bonds, you will be required to submit a copy of your
locality's Comprehensive Annual Financial Report CCAFR") or annual audited financial
statements to the rating agencies referenced below:
Moody's Investors Service
Public Finance Department
Attention: Edward Krauss
99 Church Street
New York, New York 10007
Fitch Investors Service
Governmental Finance
Attention: Claire G. Cohen
One State Street Plaza
New York, New York 10004
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APPENDIX B
to Bond Sale Agreement
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 1997
No.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$5,000,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1997-A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, on June 26, 1997, the Commonwealth of Virginia Board of Education (the
"Board of Education") placed the application (the "Application") of the School Board of the City of
Roanoke, Virginia (the "School Board"), for a loan of $5,000,000 (the "Literary Fund Loan") from
the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary
Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City
of Roanoke, Virginia (the "City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release of Literary Fund
moneys to the School Board and make a commitment to loan such moneys to the School Board (the
"Commitment") within one (1) year of placement of the Application on the First Priority Waiting
List upon receipt by the Literary Fund of an unencumbered sum available at least equal to the
amount of the Application and the approval, by the Board of Education, of the Application as having
met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given advances on the amount
of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation
of the Project progressed, in exchange for temporary notes from the School Board to the Literary
Fund (the "Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount of the
Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of
the School Board to the Literary Fund (the ;;'Literary Fund Obligation") which was to evidence the
obligation of the School Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4.0%)
per annum and mature in annual installments for a period of twenty (20) years;
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WHEREAS, in connection with the 1997 Interest Rate Subsidy Program (the "Program"),
the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation
school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum
cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference,
determined on the date on which the VPSA sells its bonds, between the weighted average interest
rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the
interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs
of issuing such bonds of the City (the "Issuance Expense Allowance");
WHEREAS, the Council (the "Council") of the City, has determined that it is necessary and
expedient to borrow not to exceed $5,000,000 and to issue its general obligation school bonds for
the purpose of financing certain capital projects for school purposes; and
WHEREAS, the City held a public hearing, duly noticed, on October 6, 1997, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section
15.1-227.8.A, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has, by resolution, requested the Council to
authorize the issuance of the Bonds (as hereinafter defined);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Procced.~. The Council hereby determines that it
is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate
principal amount not to exceed $5,000,000 (the "Bonds") for thc purpose of financing certain capital
projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in
the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer
of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to the
VPSA, the Bonds at par upon the terms established pursuant to this Resolution. 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 a Bond Sale Agreement, dated as of October 15, 1997, with the VPSA
providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council
at this meeting, which form is hereby approved (the "Bond Sale Agreement").
3. Details of the Bonds. The Bon~ shall be issuable in fully registered form; shall be dated
the date of issuance and delivery of the Bonds; shall be designated "General Obligation School
Bonds, Series 1997-A"; shall bear interest from the date of delivery thereof payable semi-annually
on each January 15 and July 15 beginning July 15, 1998 (each an "Interest Payment Date"), at the
rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the
RKE#O502649.WPD
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years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached to
Exhibit A hereto ~the "Principal Installments"), subject to the provisions of Section 4 of this
Resolution.
4. lnteres~ Rates and Principal Installments. The City Manager is hereby authorized and
directed to accept the interest rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one--hundredths of one percent (0.10%) over the interest rate to be paid by
the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the
"VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and
provided further that the true interest cost of the Bonds does not exceed eight percent (8%) per
annum. The Interest Payment Dates and the Principal Installments are subject to change at the
request of the VPSA. The City Manager is hereby authorized and directed to accept changes in the
Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the
aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution.
The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence
such interest rates established by the VPSA and Interest Payment Dates and the Principal
Installments requested by the VPSA as having been so accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment: Paying Agent and Bond Registrar. The following provisions shall apply
to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately available funds
to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment
Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia,
then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or
Principal Payment Date.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall bear
interest at the applicable interest rate or rates on the Bonds.
(c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for
the Bonds.
7. No Redemption or Prenavmcnt. The Principal Installments of the Bonds shall not be
subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City,
not to refund or ref'mance the Bonds without first obtaining the written consent of the VPSA or the
registered owner of the Bonds.
RKE#O502649.VVPD
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8. Execution of the Bonds. The Mayor or Vice Mayor of the City and the Clerk or any
Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds and to
affix the seal of the City thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit
of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be
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 and premium, if any, and the interest on the Bonds as such principal,
premium, if any, and interest 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. Use of Proceeds Certificate and Certificate as to Arbitrage~ 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 Certificate as to Arbitrage and a Use of Proceeds Certificate, each setting forth
thc expected use and investment of the proceeds of thc Bonds and containing such covenants as may
be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986,
as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of
interest on the Bonds and on the VPSA Bonds except as provided below. The Council covenants
on behalf of the City that (i) the proceeds from thc issuance and sale of the Bonds will be invested
and expended as set forth in such Certificate as to Arbitrage and such Usc of Proceeds Certificate
and that the City shall comply with the other covenants and representations contained therein and
(ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the
VPSA Bonds will remain excludable from gross income for Federal income tax purposes.
11. State Non-Arbitrage Program: Proceeds Agreement. The Council hereby determines
that it is in the best interests of the City to authorize and direct the City Treasurer to participate in
the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and
such officer or officers of the City as either may designate are hereby authorized and directed to
execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds
of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the
VPSA, the investment manager and the depository, substantially in the form submitted to the
Council at this meeting, which form is hereby approved.
12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or
officers of the City as either may desiggate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting
forth the reports and notices to be filed by the City and containing such covenants as may be
necessary in order to show compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12.
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13. Filing of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to catkse a certified copy of this Resolution to be filed with the Circuit Court
of the City.
14. 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 thc Bonds and any such action
previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned City Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a tree and correct extract from the minutes of a meeting of the City Council
held on October 6, 1997, and of the whole thereof so far as applicable to the matters referred to in
such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that,
during the consideration of the foregoing resolution, a quorum was present.
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
October, 1997.
day of
City Clerk,
City of Roanoke, Virginia
[SEAL]
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EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TS-1 $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, VIRGINIA
General Obligation School Bond
Series 1997-A
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1998 and
annually on each July 15 thereafter to and including July 15, 2017 (each a "Principal Payment
Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-
annually on January 15 and July 15 of each year, commencing on July 15, 1998 (each an "Interest
Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per
annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter
provided. Both principal of and interest on this Bond are payable in lawful money of the United
States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make all payments
of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof,
to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on
the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or
interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the
business day next preceding the scheduled Payment Date or date fixed for prepayment or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly
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to the Bond Registrar, and 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 Bond
Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council
authorizing the issuance of the Bonds provides, and Section 15.1-227.25 (Section 15.2-2624,
effective December 1, 1997) of the Code of Virginia 1950, as amended, requires, that there shall be
levied and collected a tax upon all taxable property within the City sufficient to pay when due the
principal of and premium, if any, and interest on 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.
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 5.1,
Title 15.1 (Chapter 26, Title 15.2, effective December 1, 1997), Code of Virginia 1950, as amended,
and resolutions duly adopted under said chapter by the City Council of the City and the School
Board of the City to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar 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, and; in any case, having an equal aggregate principal amount having
maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the
installments of principal of this Bond then unpaid. This Bond is registered in the name of the
Virginia Public School Authority on the books of the City kept by the 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 hereinabove
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 installments of this Bond are not subject to redemption or prepayment.
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.
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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 ,1997.
CITY OF ROANOKE,
VIRGINIA
(SEAL)
ATTEST:
Clerk,
City of Roanoke, Virginia
Mayor,
City of Roanoke, Virginia
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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:
Registered Owner
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" without alteration or change.)
meeting the requirements of the Bond
Registrar which requirements will include
(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,
Membership or participation in STAMP or such other
"signature guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
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SCHEDULE I
PRINCIPAL INSTALLMENTS
Date
Principal Installmellts
7/15/98
7/15/99
7/15/00
7/15/01
7/15/02
7/15/03
7/15/04
7/15/05
7/15/06
7/15/07
7/15/08
7/15/09
7/15/10
7/15/11
7/15/12
7/15/13
7/15/14
7/15/15
7/15/16
7/15/17
$217,442.00
$218,539.00
$218,705.00
$218,991.00
$219,290.00
$219,604.00
$219,934.00
$220,335.00
$221,493.00
$223,969.00
$227,164.00
$229,548.00
$231,182.00
$233,019.00
$235,012.00
$237,232.00
$239,692.00
$242,407.00
$245,333.00
$248.417.00
Total
$4,567,308.00
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APPENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTIFICATE
In connection with the issuance by the City of Roanoke, Virginia (the "Issuer") of its
$ General Obligation School Bonds, Series 1997-A (the "Bonds"), which will
be purchased by the Virginia Public School Authority ("VPSA") from the proceeds of the
VPSA's $ School Financing Bonds (1997 Resolution), 1997 Series 1 (the
"VPSA's Bonds"), pursuant to a Bond Sale Agreement dated as of October 15, 1997, the Issuer
recognizes that certain facts, estimates and representations set forth in the Certificate as to
Arbitrage executed by VPSA in connection with the issuance of the VPSA's Bonds must be based
on the representations and certifications of the Issuer and that the exclusion from gross income
for federal income tax purposes of the interest on the VPSA's Bonds depends on the use of
proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the Issuer hereby covenants that:
Section 1. Description of Project. The proceeds of the Bonds, including investment
income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping
of public school facilities of the Issuer (the "Project").
Section 2. Governmental Use of Proceeds. The Issuer covenants the following with
respect to the use of proceeds of the Bonds and the facilities financed or refinanced therewith:
(a) In General.
(i) Private Business Use. No more than ten percent (10%) of the
proceeds of the Bonds or the Project (based on the greatest of: (A) the cost
allocated on the basis of space occupied, (B) the fair market value, or (C) the
actual cost of construction) has been or, so long as the Bonds are outstanding,
will be, used in the aggregate for any activities that constitute a "Private Use"
(as such term is defined below in subsection (d) of this Section 2).
(ii) Private Security or Payment. No more than ten percent (10%) of
the principal of or interest on the Bonds, under the terms thereof or any
underlying arrangement, has been, or, so long as the Bonds are outstanding,
will be, directly or indirectly, (A) secured by any interest in (I) property used
for a Private Use or (II) payments in respect of such property or (B) derived
from payments in respect of property used or to be used for a Private Use,
whether or not such property is a part of the Project.
(b) No Disproportionate or Unrelated Use. With respect to private business use
disproportionate to or not related to governmental use financed or refinanced with the
proceeds of the Bonds, no more than five percent (5%) of the principal of or interest
on such Bonds, under the terms thereof or any underlying arrangement, has been, or,
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so long as the Bonds are outstanding, will be, directly or indirectly, (x) secured by any
interest in (I) property used for a Private Use or (II) payments in respect of such
property or (y) derived from payments in respect of property used or to be used for a
Private Use, whether or not such property is a part of the Project.
(c) No Private Loan Financing. No proceeds of the Bonds will be used to
make or finance loans to any person other than to a state or local governmental unit.
(d) Definition of Private Use. For purposes of this Certificate, the term
"Private Use" means any activity that constitutes a trade or business that is carded on
by persons or entities other than state or local governmental entities. Any activity
carried on by a person other than a natural person is treated as a trade or business.
The leasing of property financed or refinanced with the proceeds of the Bonds or the
access of a person other than a state or local governmental unit to property or services
on a basis other than as a member of the general public shall constitute Private Use
unless the Issuer obtains an opinion of Bond Counsel to the contrary. Use of property
financed or refinanced with proceeds of the Bonds by any person, other than a state or
local governmental unit, in its trade or business constitutes general public use only if
the property is intended to be available and is in fact reasonably available for use on
the same basis by natural persons not engaged in a trade or business ("General Public
Use").
In most cases Private Use will occur only if a nongovernmental person has a
special legal entitlement to use the financed or refinanced property under an
arrangement with the Issuer. Such a special legal entitlement would include ownership
or actual or beneficial use of the Project pursuant to a lease, management or incentive
payment contract, output contract, research agreement or similar arrangement. In the
case of property that is not available for General Public Use, Private Use may be
established solely on the basis of a special economic benefit to one or more
nongovernmental persons. In determining whether special economic benefit gives rise
to Private Use, it is necessary to consider all of the facts and circumstances, including
one or more of the following factors:
(i) whether the financed or refinanced property is functionally related or
physically proximate to property used in the trade or business of a
nongovernmental person;
(ii) whether only a small number of nongovernmental persons receive
the economic benefit; and
(iii) whether the cost of the financed or refinanced property is treated as
depreciable by the nongovernmental person.
RKE~K)502676.WPD
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As of the date hereof, no portion of the Project is leased (or will be so leased) by the
Issuer (or a related party or agent) to a person or entity other than a state or local
governmental unit or to members of the general public.
(e) Management and Service Contracts. With respect to management and
service contracts, the determination of whether a particular use constitutes Private Use
under this Certificate shall be determined on the basis of applying Revenue Procedure
97-13, 1997-5 I.R.B. 18 ("Revenue Procedure 97-13"). As of the date hereof, no
portion of the proceeds derived from the sale of the Bonds is being used to finance or
refinance property subject to contracts or other arrangements with persons or entities
engaged in a trade or business (other than governmental units) that involve the
management of property or the provision of services with respect to property financed
or refinanced with proceeds of the Bonds that do not comply with the standards of
Revenue Procedure 97-13.
For purposes of determining the nature of a Private Use, any arrangement that is
properly characterized as a lease for federal income tax purposes is treated as a lease.
Consequently, an arrangement that is referred to as a management or service contract may
nevertheless be treated as a lease. In determining whether a management contract is properly
characterized as a lease, it is necessary to consider all of the facts and circumstances,
including the following factors:
(i) the degree of control over the property that is exercised by a
nongovernmental person; and
(ii) whether a nongovernmental person bears risk of loss of the financed
or refinanced property.
Section 3. Time Test and Due Diligence Test. The Issuer has incurred or will incur
within 6 months of the date hereof substantial binding obligations, which are not subject to
contingencies within the control of the Issuer or a related party, to third parties to expend at least
5% of the net sale proceeds of the Bonds on the Project. The Issuer will proceed with due
diligence to spend all of the proceeds of the Bonds within three years of the date hereof.
Section 4. Dispositions and Change in Use.
(a) No Sale or Disposition. The Issuer expects to own and operate and does not
expect to sell or otherwise dispose of the Project, or any component thereof, prior to the
final maturity date of the VPSA's Bonds (August 1, 2017).
(b) Change in Use. The Issuer represents, warrants and covenants that the
facilities financed or refinanced with proceeds of the Bonds will be used for the
governmental purpose of the Issuer during the period of time the Bonds are outstanding,
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unless an opinion of Bond Counsel is received with respect to any proposed change in use
of the Project.
(c) Tax Covenant. The Issuer represents, warrants and covenants that it will
take no action that would cause either the Bonds or the VPSA's Bonds to be private
activity bonds within the meaning of Section 141 (a) of the Code and that it will not fail
to take any action that would prevent the VPSA's Bonds and the Bonds from being
private activity bonds, within the meaning of Section 141(a) of the Code. Furthermore,
the Issuer has established reasonable procedures to ensure compliance with this covenant.
Section 5. No Sinking or Pledge Funds. The Issuer has not established and will not
establish any funds or accounts that are reasonably expected to be used to pay debt service on
the Bonds or that are pledged (including negative pledges) as collateral for the Bonds for which
there is a reasonable assurance that amounts on deposit therein will be available to pay debt
service on the Bonds if the Issuer encounters financial difficulty.
Section 6. No Replacement Proceeds.
(a) In General. No portion of the proceeds of the Bonds will be used as a
substitute for other funds that prior to the Issuer's resolving to proceed with the issuance
of the Bonds were used or are to be used to pay any cost of the Project.
(b) Safe Harbor. In accordance with Section 1.148-1(c) of the Treasury
Regulations regarding the safe harbor against the creation of "replacement proceeds", as
of the date hereof, the weighted average maturity of the Bonds does not exceed 120% of
the reasonably expected economic life of the Project financed thereby.
Section 7. No Refunding. The proceeds of the Bonds will not be used to provide for
the payment of any principal of or interest on any obligations of the Issuer, other than the Bonds,
incurred in the exercise of its borrowing power, except for any temporary financing as described
herein.
Section 8. Composite Issue. There are no other obligations of the Issuer that have
been, or will be (a) sold within 15 days of the Bonds, (b) sold pursuant to the same plan of
financing together with the Bonds, and (c) paid out of substantially the same source of funds as
the Bonds.
Section 9. No Federal Guarantee. The Issuer shall not take or permit any action that
would cause (a) the payment of principal of or interest on the Bonds to be guaranteed, directly
or indirectly, in whole or in part by the United States or any agency or instrumentality thereof
or (b) 5 percent or more of the proceeds of the Bonds to be (i) used in making loans the payment
of principal or interest on which are guaranteed in whole or in part by the United States or any
agency or instrumentality thereof or (ii) invested directly or indirectly in federally insured
deposits or accounts (except as permitted under Section 149(b) of the Internal Revenue Code of
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1986, as amended (the "Code"), or the regulations promulgated thereunder). The Issuer has not,
and will not enter into, any (i) long-term service contract with any federal governmental agency,
(ii) service contract with any federal governmental agency under terms that are materially
different from the terms of any contracts with any persons other than federal government
agencies, and (iii) lease of property to any federal government agency, that would cause the
Bonds to be considered "federally guaranteed" within the meaning of Section 149(b) of the Code.
Section 10. No Hedge Bonds. The Issuer reasonably expects that all of the net sale
proceeds of the Bonds will be used to pay the cost of the Project within three years of the date
hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds will be invested in
Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of the Code) having a
substantially guaranteed yield for four years or more.
Section 11. No Overissuance. The total proceeds derived by the Issuer from the sale
of the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts
necessary for the Project.
Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be
applied to the cost of the Project will be used to reimburse the Issuer for expenditures incurred
thereby with respect to the Project in anticipation of the issuance of the Bonds. The Issuer
represents the following with respect to the costs of the Project to be reimbursed from the
proceeds of the Bonds.
(a) Official Intent. The total amount of reimbursed costs incurred by the Issuer
with respect to the Project is not expected to exceed . Such expenditures were
paid prior to the date hereof but no earlier than sixty (60) days prior to December 16,
1996, which is the date the Issuer adopted its "official intent" declaration (the "Official
Intent Declaration") in accordance with Section 1.150-2 of the Treasury Regulations.
The Official Intent Declaration:
(i) was, on the date of its adoption, intended to constitute a written
documentation on behalf of the Issuer that states that the Issuer reasonably
expected to reimburse itself for such expenditures with the proceeds of a taxable
or tax-exempt borrowing,
(ii) set forth a general description of the Project, and
(iii) stated the maximum principal amount of debt expected to be issued
for the Project.
The Issuer has taken no action subsequent to the expression of such intent
that would contradict or otherwise be inconsistent with such intent.
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(b) Reasonable Official Intent. As of the date of the Official Intent Declaration,
the Issuer reasonably expected to reimburse such expenditures with the proceeds of a
borrowing. The Issuer does not have a pattern of failing to reimburse expenditures for
which an intention to reimburse such expenditures was declared and which were actually
paid by the Issuer other than in circumstances that were unexpected and beyond the
control of the Issuer.
(c) Reimbursement Period Requirement. The proceeds derived from the sale of
the Bonds to be applied to reimburse the above-described expenditures will be so applied
no later than the later of the date that is (i) eighteen (18) months after the date on which
the expenditure being reimbursed was paid, or (ii) eighteen (18) months after the date on
which the portion of the Project to which such expenditure relates was placed in service
within the meaning of Section 1.150-2 of the Treasury Regulations or abandoned. The
Issuer shall not, however, use Bond proceeds to reimburse the above-described
expenditures later than three (3) years after the date the original expenditure was paid.
(d) Reimbursable Expenditures. The expenditures to be reimbursed are either (i)
capital expenditures (within the meaning of Section 1.150-1 (b) of the Treasury
Regulations), (ii) costs of issuance, (iii) certain working capital expenditures for
extraordinary, nonrecurring items that are not customarily payable from current revenues
(within the meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv)
grants (within the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v)
qualified student loans, qualified mortgage loans or qualified veterans' mortgage loans
(within the meaning of Section 1.150-1(b) of the Treasury Regulations). None of the
expenditures to be reimbursed were incurred for day-to-day operating costs or similar
working capital items.
None of the proceeds of the Bonds being used to reimburse the Issuer for prior
expenditures will be used, directly or indirectly, within one year of the date of a reimbursement
allocation, in a manner that results in the creation of replacement proceeds (within the meaning
of Section 1.148-1 of the Treasury Regulations), other than amounts deposited in a bona fide debt
service fund.
(e) Anti-Abuse Rules. None of the proceeds of the Bonds are being used in a
manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury
Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections
142 through 147 of the Code.
Section 13. Covenant as to Arbitrage. The Issuer hereby covenants that whether or not
any of the Bonds remain outstanding, the'money on deposit in any fund or account maintained
in connection with the Bonds, whether or not such money was derived from the proceeds of the
sale of the Bonds or from any other sources, will not be used in a manner that would cause the
Bonds or the VPSA's Bonds to be arbitrage bonds within the meaning of Section 148 of the Code
and the applicable regulations thereunder.
RKE~K)502676.WPD
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Date:
, 1997
City of Roanoke, Virginia
By:
Name:
Title:
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APPENDIX D
to the Bond Sale Agreement
CONSTRUCTION EXCEPTION AND
EIGHTEEN MONTH EXCEPTION
TO THE REBATE REQUIREMENT
QUESTIONNAIRE
The purpose of this questionnaire is to elicit facts concerning the expenditure of the proceeds
of the City of Roanoke, Virginia (the "Issuer") general obligation school bonds (the "Bonds") in
order to make an initial determination that the construction exception from the rebate requirement
provided by Section 148(f)(4)(C) of the Internal Revenue Code of 1986, as amended, or the eighteen
month exception from the rebate requirement provided by Section 1.148-7(d) of the Treasury
Regulations is available.
Please supply the information requested below and send this questionnaire to Richard A.
Davis, Debt Manager, Virginia Public School Authority, P. O. Box 1879, Richmond, Virginia
23218-1879, for receipt no later than October 15, 1997, with a copy to your bond counsel.
Briefly describe the project (the "Project") to be financed with the proceeds of the Bonds
including the useful life of the project(s) being financed.
2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds.
(b) Indicate the amount that you reasonably expect to receive from the investment of the
Bond proceeds prior to spending all of the Bond proceeds set forth above in Question
2(a).
(c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect
to use to finance the issuance costs of the Bonds. (e.g. your legal fees)
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o
(d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b)
reduced by the amount set forth in Question 2(c) equals $
This amount is hereinafter referred to as "Available Construction Proceeds".
Indicate the amount of money, other than the Available Construction Proceeds of the
Bonds, that will be applied toward the cost of the Project and the expected source of such
money. Indicate what such money will be used for.
Indicate, by principal components, your current estimates of the cost for the acquisition
and construction of the Project that will be financed with the Available Construction
Proceeds of the Bonds, including:
(a) Acquisition of Interest in
Land
(b) Acquisition of Interest in
Real Property~
(c) Acquisition and/or Installation
of Tangible Personal Property2
(d) Site Preparation
(e) Construction of Real Property3
(f) Reconstruction of Real Property4
(g) Rehabiliation of Real Property5
(h) Construction of Tangible
Personal Property6
(i) Specially developed computer
software7
(j) Interest on the Bonds during
Construction
(k) Other (please specify)
(1) Total $
(Note: The sum of the amounts ~tescribed in (a) through (k) must equal the amount of
Available Construction Proceeds of the Bonds set forth in Question 2(d).)
1-7 See the Endnotes on pages D-7 and D-8.
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(a)
(b)
(c)
(d)
Have you borrowed, directly or indirectly, (such as through an indtmlqal
development authority) any money, either through a tax-exempt bank loan, a bond
anticipation note, any tax-exempt or taxable obligation or otherwise (a "loan"), to
pay for the Project costs?
Yes No
Do you intend to use the proceeds of the Bonds to refinance or repay any loan
used to finance the Project costs?
Yes No
If the answer to Question 5(b) is "Yes", please indicate the following:
(i) Amount of loan:
(ii) Date of loan:
(iii) Maturity date of loan:
(iv) Interest rate of loan:
(v) Name of lender:
If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the loan
to reimburse yourself for expenses paid with respect to the Project before the loan
was obtained?
Yes No
6. (a)
(b)
Do you intend to reimburse yourself from the proceeds of the Bonds for Project
costs advanced from your General Fund or other available sources?
Yes No
If the answer to Question 5(d) or Question 6 (a) is "Yes", with respect to all such
expenditures, please indicate the amount of such expenditure, when such
expenditure was paid and the purpose of the expenditure (i.e., architectural fees,
engineering fees, other construction costs):
(i) Amount expended $
(ii) Date of expenditure:
(iii) Purpose of expenditure:
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o
(Note: if you intend to reimburse yourself for more than one expenditure, please
attach a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii)
purpose of expenditure)
If the answer to Question 5(d) or 6(a) is "Yes" please attach a copy of any other evidence
of your intention to reimburse yourself with the proceeds of a borrowing such as the
earliest possible resolution, declaration or minutes of a meeting. Include the date such
resolution was adopted, meeting was held or declaration made.
[The purpose of questions 8, 9 and 10 is to determine if the Bonds may qualify for
the Construction Exception from the Rebate Requirement.!
Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is at least
75% of the amount of Available Construction Proceeds (i.e., 75% of the amount in 4(i).
Yes No
If the answer to Question 8 is "Yes", answer Question 9 and skip Question 10.
If the answer to Question 8 is "No", skip Question 9 and answer Question 10.
(a) Assuming the Bonds are delivered on November 20, 1997 and funds are made
available to you on that date, please com-plete the following schedule indicating the
amount of Available Construction Proceeds that the City/County expects to expend and
disburse during the following time periods:
10.
From November 20, 1997 to May 20, 1998 $
From May 21, 1998 to November 20, 1998
From November 21, 1998 to May 20, 1999
From May 21, 1999 to November 20, 1999
Total° $
(b)
If you do not expect to spend 100% of Available Construction Proceeds by
November 20, 1999, do you expect to spend 100% of Available Construction
Proceeds by November 20, 2000?
Yes No
For purposes of this Question 10, assume that the Bonds are delivered on November 20,
1997 and funds are made available to you on that date.
8 and 9 See the Endnotes on page D-8.
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(a)
(b)
(c)
(d)
Does the City/County expect to expend and disburse the amount shown in
Question 4(a) for the acquisition of land by May 20, 19987
Yes No
Does the City/County expect to expend and disburse the amount shown in
Question 4(b) for the acquisition of interests in real property by May 20, 19987
Yes No
Does the City/County expect to expend and disburse the amount shown in
Question 4(c) for the acquisition and/or installation of tangible personal Property
by May 20, 19987
Yes No
(i) Does the City/County expect to expend and disburse the amount shown in
question 4(1) by November 20, 1999?
Yes No
(ii) Assuming that the Bonds are delivered on November 20, 1997, and funds are
made available to you on that date, please complete the following schedule
indicating the amount of Available Construction Proceeds that the City/County
expects to expend and disburse during the following time periods:
From November 20, 1997 to May 20, 1998
From May 21, 1998 to November 20, 1998
From November 21, 1998 to May 20, 1999
From May 21, 1999 to November 20, 1999
Total $
10
[The purpose of question 11 is to determine if the Bonds may qualify for the
Eighteen Month Exception from the Rebate Requirement.]
10 See the Endnotes on page D-8.
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11.
The sum of the amounts set forth in Questions 2(a) and 2(b) equals $ (the
"gross proceeds"). Assuming that the Bonds are delivered on November 20, 1997 and
funds are made available to you on that date, please complete the following schedule
indicating the amount of gross proceeds that the City/County expects to expend and
disburse during the following time periods:
From November 20, 1997 to May 20, 1998
From May 21, 1998 to November 20, 1998
From November 21, 1998 to May 20, 1999
Total
$ I
I understand that the foregoing information will be relied upon by the Virginia Public
School Authority (the "Authority") in determining the applicability of the construction exception
to the Authority's School Financing Bonds (1997 Resolution), 1997 Series 1. I hereby certify
that I am familiar with the Project and am authorized by the City to provide the foregoing
information with respect to it, which information is tree, correct, and complete, to the best of my
knowledge.
Name of Person Completing
Questionnaire
Title
Signature
Date
~ Include amounts expended prior to November 20, 1997 and approved by your bond
counsel for reimbursement from your bond proceeds. This does not include any amount used to
refinance or repay any loan.
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ENDNOTES
For purposes of this questionnaire, "real property" means improvements to land, such as
buildings or other inherently permanent structures, including items that are structural
components of such buildings or structures. For example, real property includes wiring in
a building, plumbing systems, central heating or central air conditioning systems, pipes or
ducts, elevators or escalators installed in a building, paved parking areas, road, wharves and
docks, bridges and sewage lines.
For purposes of this questionnaire, tangible personal property means any tangible property
except real property. For example, tangible personal property includes machinery that is not
a structural component of a building, fire tracks, automobiles, office equipment, testing
equipment and furnishings.
See description of real property in endnote 1. This includes all capital expenditures that are
properly chargeable to or may be capitalized as part of the basis of the real property prior to
the date the property is placed in service. For purposes of this questionnaire, expenditures
are considered paid in connection with the construction, reconstruction or rehabilitation of
real property if the contract between the Issuer and the seller requires the seller to build or
install the property (such as under a "turnkey contract") but only to the extent the property
has not been built or installed at the time the parties enter into the contract. If the property
has been partially built or installed at the time the parties enter into the contract, the
expenditures that are allocable to the portion of the property built or installed before that
time are expenditures for the acquisition of real property.
4. See endnote 3.
5. See endnote 3.
o
For purposes of this questionnaire, expenditures are in connection with the construction of
tangible personal property, as defined in endnote 2, if:
(a) A substantial portion of the property or properties is completed more than 6
months after the earlier of the date construction or rehabilitation commenced and the date
the Issuer entered into an acquisition contract;
(b) Based on the reasonable expectations of the Issuer, if any, or representations
of the person constructing the property, with the exercise of due diligence, completion of
construction or rehabilitation (and de_livery to the Issuer) could not have occurred within that
6-month period; and
(c) If the Issuer itself builds or rehabilitates the property, not more than 75% of
the capitalizable cost is attributable to property acquired by the Issuer (e.g., components, raw
materials and other supplies).
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Specially developed computer software means any programs or routines used to cause a
computer to perform a desired task or set of tasks, and the documentation required to
describe and maintain those programs, provided that the software is specially developed and
is functionally related and subordinate to real property or other constructed personal
property.
o
Include amounts expended prior to November 20, 1997 and approved by your bond
counsel for reimbursement fi, om your bond proceeds. This does not include any amount used
to refinance or repay any loan.
9. Total should equal the amount in 4(1).
10.
Include amounts expended prior to November 20, 1997 and approved by your bond
counsel for reimbursement from your bond proceeds. This does not include any amount used
to refinance or repay any loan.
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APPENDIX E
to the Bond Sale Agreement
RESOLUTION REQUESTING THE CITY COUNCIL
OF THE CITY OF ROANOKE, VIRGINIA
TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL
PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF
BE IT RESOLVED,
1)
The School Board of the City of Roanoke, Virginia hereby (i) approves certain capital
improvements for Woodrow Wilson Middle School to modernize electrical, plumbing,
mechanical and structural components at an estimated cost of $8,810,000 (the "Project"),
(ii) authorizes and approves the filing of an application to the Virginia Public School
Authority ("VPSA') seeking interest rate subsidy bond financing in an amount not to
exceed $5,000,000 and (iii) requests that the City Council of the City of Roanoke,
Virginia issue its general obligation school bonds to be sold to VPSA in an aggregate
principal amount not to exceed $5,000,000, for the purpose of financing a portion of the
cost of the Project.
2) This resolution shall take effect immediately.
The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby
certifies that the foregoing constitutes a tree and correct extract from the minutes of a meeting of
the School Board held the 9th day of September, 1997.
this
WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia,
__ day of September, 1997.
(SEAL)
Clerk,
School Board of City of Roanoke, Virginia
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APPENDIX F
to the Bond Sale Agreement
CONTINUING DISCLOSURE AGREEMENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person", as defined below]
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance
by the Virginia Public School Authority (the "Authority") of $ aggregate principal
amount of its School Financing Bonds (1997 Resolution) 1997 Series 1 (the "1997 Series 1
Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on
September 29, 1997. The 1997 Series 1 Bonds and all other parity bonds hereafter issued under
the 1997 Resolution are collectively called the "Bonds". A portion of the proceeds of the 1997
Series 1 Bonds are being used by the Authority to purchase certain general obligation school
bonds ("Local School Bonds") of the Local Issuer pursuant to a bond sale agreement between
the Authority and the Local Issuer (the "Bond Sale Agreement"). Pursuant to paragraph 3 of
the Bond Sale Agreement, the Local Issuer hereby covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being
executed and delivered by the Local Issuer for the benefit of the holders of the 1997 Series 1
Bonds and in order to assist the Participating Underwriters (defined below) in complying with
the Rule (defined below). The Local Issuer acknowledges that it is undertaking primary
responsibility for any reports, notices or disclosures that may be required under this Agreement.
SECTION 2. Definitions. In addition to the definitions set forth in the 1997 Resolution,
which apply to any capitalized term used in this Disclosure Agreement unless otherwise def'med
in this Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report Provided by the Local Issuer pursuant
to, and as described in, Sections 3 and 4 of this Disclosure Agreement.
"bond sale agreement" shall mean the Bond Sale Agreement and any other comparable
written commitment of the Local Issuer to sell local school bonds to the Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in its capacity as
Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by
such Local Issuer and which has filed with such Local Issuer a written acceptance of such
designation.
"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
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"Fiscal Year" shall mean the twelve-month period at the end of which financial position
and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July
1 and continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a
record owner or beneficial owner of a 1997 Series 1 Bond.
"Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the
Rule.
"local school bonds" shall mean any of the Local School Bonds and any other bonds of
the Local Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local
school bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate
principal amount of all outstanding Bonds of the Authority.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule.
"Participating Underwriter" shall mean any of the original underwriters of the Authority's
1997 Series 1 Bonds required to comply with the Rule in connection with the offering of such
Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private depository or entity designated by
the State as a state depository for the purpose of the Rule. As of the date of this Agreement,
there is no State Repository.
SECTION 3. Provision of Annual Reports.
(a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide
to each Repository an Annual Report which is consistent with the requirements of Section 4 of
this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that
is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year
ending June 30, 1997) as of the end of v~hich such Local Issuer was a MOP, unless as of the
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Filing Date the Local Issuer is no longer a MOP. ~ Not later than ten (10) days prior to the
Filing Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if
applicable) and shall provide copies to the Authority. In each case, the Annual Report (i) may
be submitted as a single document or as separate documents comprising a package, (ii) may
cross-reference other information as provided in Section 4 of this Disclosure Agreement and (iii)
shall include the Local Issuer's audited financial statements prepared in accordance with
applicable State law or, if audited financial statements are not available, such unaudited financial
statements as may be required by the Rule. In any event, audited financial statements of such
Local Issuer must be submitted, if and when available, together with or separately from the
Annual Report.
(b) If the Local Issuer is unable to provide an Annual Report to the
Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the
Municipal Securities Rulemaking Board and any State Repository in substantially the form
attached hereto as Exhibit A.
SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual
Report required to be filed hereunder shall contain or incorporate by reference, at a minimum,
annual financial information relating to the Local Issuer, including operating data,
(i)
updating such information relating to the Local Issuer as shall have been included
or cross-referenced in the fun. al Official Statement of the Authority describing the
Authority's 1997 Series 1 Bonds or
(ii)
if there is no such information described in clause (i), updating such information
relating to the Local Issuer as shall have been included or cross-referenced in any
comparable disclosure document of the Local Issuer relating to its tax-supported
obligations or
(iii)
if there is no such information described in clause (i) or (ii) above, initially
setting forth and then updating the information referred to in Exhibit B as it
relates to the Local Issuer, all with a view toward assisting Participating
Underwriters in complying with the Rule.
Any or all of such information may be incorporated by reference from other documents,
including official statements of securities issues with respect to which the Local Issuer is an
"obligated person" (within the meaning of the Rule), which have been filed with each of the
Repositories or the Securities and Exchange Commission. If the document incorporated by
~ The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer
within 60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated
Person as of the end of such Fiscal Year. Upon written request, the Authority will also advise
the Local Issuer as to its status as a MOP as of any other date.
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reference is a final official statement, it must be available from the Municipal Securities
Rulemaking Board. The Local Issuer shall clearly identify each such other document so
incorporated by reference.
SECTION 5. Reporting of Listed Events. Whenever the Local Issuer is a Material
Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains
knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that
knowledge of the occurrence of a Listed Event with respect to its local school bonds would be
material, such Local Issuer shall promptly file a notice of such occurrence with each National
Repository or the Municipal Securities Rulemaking Board and each State Repository, if any,
with a copy to the Authority.
SECTION 6. Termination of Reporting Obligation. The Local Issuer's obligations under
this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or
final retirement of all the Local School Bonds.
SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint
or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Agreement and may discharge any such Agent, with or without appointing a successor
Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or
discharge. If at any time there is not any other designated Dissemination Agent, the Local
Issuer shall be the Dissemination Agent.
SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been
approved in writing by the Authority and is supported by an opinion of independent counsel,
acceptable to the Authority, with expertise in federal securities laws, to the effect that such
amendment is permitted or required by the Rule.
SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Local Issuer from disseminating any other information, using the means
of dissemination set forth in this Disclosure Agreement or any other means of communication,
or including any other information in any Annual Report or notice of occurrence of a Listed
Event, in addition to that which is required by this Disclosure Agreement. If the Local Issuer
chooses to include any information in any Annual Report or notice of occurrence of a Listed
Event, in addition to that which is specifically required by this Disclosure Agreement, such
Local Issuer shall have no obligation under this Agreement to update such information or include
it in any future Annual Report or notice of occurrence of a Listed Event.
SECTION 10. Default. Any person referred to in Section 11 (other than the Local
Issuer) may take such action as may be necessary and appropriate, including seeking mandate
or specific performance by court order, to cause the Local Issuer to file its Annual Report or
to give notice of a Listed Event. The Authority may, and the holders of not less than a majority
in aggregate principal amount of Bonds outstanding may, take such actions as may be necessary
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and appropriate, including seeking mandate or specific performance by court order, to challenge
the adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce
any other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement
shall not be deemed an event of default under the applicable resolution or bonds of the Local
Issuer, and the sole remedy under this Disclosure Agreement in the event of any failure of the
Local Issuer to comply herewith shall be an action to compel performance. Nothing in this
provision shall be deemed to restrict the rights or remedies of any holder pursuant to the
Securities Exchange Act of 1934, the rules and regulations promulgated thereunder, or other
applicable laws.
SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit
of the Authority, the Ia:cai Issuer, the Participating Underwriters, and holders from time to time
of the Authority's Bonds, and shall create no rights in any other person or entity.
SECTION 12. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Date:
CITY OF ROANOKE, VIRGINIA
By¸
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EXHIBIT A
NOTICE OF FAILURE TO FILE ANNUAL REPORT
[AUDITED FINANCIAL STATEMENTS]
Re: VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1997 Resolution)
1997 SERIES 1
CUSIP Numbers.
Dated: November 1, 1997
Name of Local Issuer: City of Roanoke, Virginia
NOTICE IS I-1FREBY GIVEN that the City of Roanoke, Virginia (the "Local Issuer") has not
provided an Annual Report as required by Section 3(a) of the Continuing Disclosure Agreemem,
which was entered into in connection with the above-named bonds issued pursuant to that certain
Series Resolution adopted on September 29, 1997, by the Board of Commissioners of the
Virginia Public School Authority, the proceeds of which were used to purchase $
General Obligation School Bonds. [The Local Issuer amicipates that the Annual Report will be
fried by .] The Local Issuer is a material "obligated person" within the meaning
of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, with respect to the
above-named bonds of the Authority.
Dated:
CITY OF ROANOKE, VIRGINIA
By.
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EXHIBIT B
CONTENT OF ANNUAL REPORT
Description of the Local Issuer. A description of the Local Issuer including a summary of its
form of government, budgetary processes and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt
including a historical summary of outstanding tax-supported debt; a summary of authorized but
unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt;
and a summary of annual debt service on outstanding tax-supported debt as of the end of the
preceding fiscal year. The Annual Report should also include (to the extent not shown in the
latest audited financial statements) a description of contingent obligations as well as pension
plans administered by the Local Issuer and any unfunded pension liabilities.
Financial Data. Financial information respecting the Local Issuer including a description of
revenues and expenditures for its major funds and a summary of its tax policy, structure and
collections as of the end of the preceding fiscal year.
Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Information. A summary of the Local Issuer's
demographic and economic characteristics such as population, income, employment, and public
school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual
Report should also include a description of material litigation pending against the Local Issuer.
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PROCEEDS AGREEMENT
Respecting the Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing and Refunding Bonds (1997 Resolution)
Series 1997-I
Dated November __, 1997
Among
Virginia Public School Authority
Central Fidelity National Bank
Mentor Investment Advisors, LLC
and
Accomack County
Albemarle County
Bedford County
Campbell County
Fauquier County
Greene County
Greensviile County
Hanover County
Montgomery County
Prince Edward County
Prince George County
City of Richmond
City of Roanoke
Spotsylvania County
Stafford County
City of Staunton
York County
93002.3
TABLE OF CONTENTS
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Page
Recitals .......................................... 1
Definitions ........................................ 3
Disposition of VPSA Bond Proceeds ........................ 9
Establishment of Accounts ........................... i . 10
Disposition of Local School Bond Proceeds .................... 11
Investment of Principal Subaccount ........................ 11
Disbursements from Principal Subaccount .................... 11
Investment of Income Subaccount ......................... 12
Income Subaccount ................................... 12
Investment Losses ................................... 14
Rebate Computations ................................. 15
Transfers to Income Subaccount .......................... 16
Disposition of Excess Proceeds ........................... 17
Rebate Payments and Penalty Payments ..................... 18
Duties of VPSA .................................... 19
Duties of CFNB .................................... 20
Duties of Local Units ................................. 20
Responsibilities of the Investment Manager ................... 21
Costs ........................................... 21
93002.3 i
Section 20. Opinions of Counsel ................................. 22
Section 21. Amendment ....................................... 22
Section 22. Notices .......................................... 23
Section 23. No Third Party Beneficiaries ............................ 24
Section 24. Severability ....................................... 25
Section 25. No Personal Liability ................................. 25
Section 26. Applicable Law .................................... 25
Section 27. Counterparts ...................................... 26
Section 28. Effective Date; Term ................................. 26
Exhibit A ................................................ A-1
Exhibit B ................................................ B-1
Exhibit C ................................................ C-1
Exhibit D ................................................ D-1
PROCEEDS AGREEMENT
Respecting the Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing and Refunding Bonds (1997 Resolution)
Series 1997-I
This PROCEEDS AGREEMENT, dated November __, 1997 (this "Agreemem"), is
among the Virginia Public School Authority, a public body corporate and a political
subdivision and instmmemality of the Commonwealth of Virginia CVPSA"), the
counties and cities that are signatories to this Agreement (collectively, the "Local
Units", and each a "Local Unit"), Central Fidelity National Bank, a banking institution
organized under the laws of the United States of America and having its principal office in
Richmond, Virginia, and Mentor Investment Advisors, LLC, a corporation organized under
the laws of Virginia and having an office in Richmond, Virginia. All capitalized terms used
herein shall have the meaning given to them in Section 2 hereof.
The parties hereto agree and covenant as follows:
Section 1. Recitals.
A. On or before October 15, 1997, VPSA and each of the Local Units entered
into a Bond Sale Agreemem, pursuant to which VPSA agreed to purchase, and the Local Unit
agreed to sell its Local School Bonds.
B. On October m, 1997, VPSA and Bear, Steams & Co. Inc., Morgan Stanley
Dean Witter, Davenport & Co. of Virginia, Inc., Legg Mason Wood Walker, Inc. and Wheat
First Securities, Inc. (collectively, the "Purchaser") entered into a Bond Purchase Agreement
93002.3
(the "Bond Purchase Agreement") pursuant to which the Purchaser agreed to purchase, and
VPSA agreed to sell, the Bonds. The Purchaser is obligated by the terms of the Bond Purchase
Agreement to pay the purchase price for VPSA's Bonds on the Closing Date. VPSA will apply
certain of the proceeds of the sale of VPSA's Bonds, together with other available money, to
the refunding of certain outstanding indebtedness of the Authority and to the purchase of the
Local School Bonds on November __, 1997, the Local School Bonds Closing Date. VPSA will
also apply certain of the proceeds of the sale of VPSA's Bonds, together with other available
funds, to pay a portion of interest on the VPSA's Bonds between the July 15, 1998 interest
payment date on the 1997 Local School Bonds and the August 1, 1998 interest payment date on
the VPSA's Bonds and to pay accrued interest and costs of issuance of the VPSA Bonds.
C. The Code imposes requirements on VPSA and the Local Units selling their
Local School Bonds to VPSA that must be met if interest on VPSA's Bonds and interest on the
Local School Bonds are to be excludable from gross income for federal income tax purposes,
including a requirement that in certain circumstances, certain investment income with respect
to the Local School Bonds, which income is deemed for federal income tax purposes to be
investment income of VPSA's Bonds, be subject to payment, or in lieu thereof certain payments
be made, to the United States Treasury.
D. VPSA has determined that in order to fulfill its representations respecting the
maintenance of the exclusion of the interest on VPSA's Bonds from gross income for federal
income tax purposes, VPSA must establish a mechanism to provide accountability for the
custody, investment and disbursement of the proceeds of VPSA's Bonds and the proceeds of the
Local School Bonds.
93oo~.3 2
E. It is the purpose of this Agreement to enable VPSA (i) to fulfill the
representations mentioned in the preceding subsection; (ii) subject to the constraints of the Code
affecting the investment of the proceeds of tax-exempt obligations, to achieve the optimum, prac-
ticable income by the professional management of the investment and reinvestment of the pro-
ceeds of the Local School Bonds; (iii) to provide for the custody, investment and disbursement
of the proceeds of the Local School Bonds, and for the maintenance of appropriate records
thereof; (iv) to meet the rebate requirement imposed by Section 148(0 of the Code, in part
through the payment of either the Local Unit Rebate Requirement by each of the Local Units
or the Penalty if the Penalty Election has been made on behalf of a Local Unit; and (v) to
provide for the allocation and payment of the costs associated with the establishment' and
maintenance of this Agreement.
F. The purpose set forth in the preceding subsection E shall be accomplished
through SNAP. The proceeds of the Local School Bonds shall be invested in accordance with
the Information Statement.
Section 2. Definitions.
In addition to the words and terms elsewhere defined in this Proceeds Agreement
including the Exhibits attached hereto, the following words and terms shall have the following
meanings:
"Aggregate Local Units' Rebate Requirement" shall be the amount calculated
pursuant to the Letter Agreement.
"Agreement" or "Proceeds Agreement" shall mean the Proceeds Agreement, dated
November __, 1997, among the Authority, the Local Units, CFNB and the Investment Manager.
93002.3 3
"Authorized Representative" shall mean, as applied to VPSA, CFNB, the
Investment Manager and the Local Units, the person or each of the persons thereby designated,
from time to time, in accordance with and as listed on the page of this Agreement executed by
such party.
"Available Construction Proceeds" shall mean, as applied to each Local Unit, the
sum of (i) the amount initially deposited to the Principal Account of such Local Unit pursuant
to Section 5 hereof, and (ii) the investment earnings thereon, reduced by the amount of issuance
costs financed by such Local Unit's Local School Bonds. In the event that the Local Unit has
made the Bifurcation Election on its signature page, "Available Construction Proceeds" shall
mean the sum of the amount set forth on the signature page as the portion of the issue used for
construction and the investment earnings thereon, reduced by the amount set forth on the
signature page as allocable to issuance expenses.
"Bifurcation Election", with respect to each issue of Local School Bonds, shall
mean the election made by the Local Unit to treat a portion of its Local School Bonds used for
construction as a separate issue pursuant to Section 148(f)(4)(C)(v) of the Code.
"Bond Sale Agreement" shall mean the Bond Sale Agreements, dated as of
October 15, 1997, between VPSA and each Local Issuer.
"Capital Expenditure" shall mean any cost of a type that is properly chargeable
to a capital account (or would be so chargeable with a proper election) under general federal
income tax principles as determined at the time the expenditure is paid with respect to the
property.
93002.3 4
"Capital Project" shall mean all Capital Expenditures, plus related working capital
expenditures to which the de minimis exception provided by Section 1.148-6(d)(3)(ii)(A) of the
Treasury Regulations to the proceeds-spent-last rule applies, that carry out the governmental
purpose of the Local School Bond issue.
"CFNB" shall mean Central Fidelity National Bank, a banking institution
organized under the laws of the United States of America and having its principal office in
Richmond, Virginia. CFNB is the Depository for Individual Portfolios and custodian of the
assets of the SNAP fund.
"Closing Date" shall mean November __, 1997.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Computation Date" shall mean each of the Installment Computation Dates and
the Final Computation Date.
"Contract" shall mean the Contract respecting the Virginia State Non-Arbitrage
Program, between the Treasury Board of the Commonwealth of Virginia and the Investment
Manager, including the Depository Agreement appearing as Appendix A thereto.
"Eighteen-Month Exception" shall mean the exception to the Rebate Requirement
provided by Treasury Regulation Section 1.148-7(d).
"Final Computation Date" shall mean the date the last bond that is part of the
issue of VPSA's Bonds is discharged.
"Gross Proceeds" shall have the meaning given to such term in the Letter
Agreement.
93002.3 5
"Income Subaccount" shall mean (i) the Income Subaccount established pursuant
to Section 4 of this Proceeds Agreement for each Local Unit and (ii) both Income Subaccounts
established pursuant to Section 4(B) of this Proceeds Agreement for the Local Unit(s) described
therein.
"Income Subaccount Set Aside" shall have the meaning given to such term by
Section 9(b) of this Agreement.
"Individual Portfolio" shall have the meaning given to such term in the
Information Statement.
"Information Statement" shall mean the current Information Statement describing
SNAP, as the same may be supplemented and amended.
"Installment Computation Dates" shall mean November __, 2002, and each fifth
(5th) anniversary date thereafter.
"Investment Manager" shall mean Mentor Investment Advisors, LLC, a
corporation organized under the laws of Virginia and having an office in Richmond, Virginia,
in its capacity as the investment manager of SNAP.
"Investment Report" shall have the meaning given to such term in Part A of the
Letter Agreement.
"Letter Agreement" shall mean the Letter Agreement, dated the date hereof,
attached to this Agreement as Exhibit C.
"Local School Bonds" shall mean general obligation school bonds of a Local Unit
having the terms and provisions required by the Bond Sale Agreement.
93002.3 6
"Local School Bonds Closing Date" shall mean the Closing Date, except as
otherwise provided on the page of this Agreement executed by a Local Unit.
"Local Unit" or "Local Units" shall have the meaning accorded to such term by
the first paragraph of this Agreement.
"Local Unit Rebate Computation", with respect to each issue of Local School
Bonds, shall mean a Rebate Computation for each Local Unit made on each Computation Date
pursuant to Section ! 1 of this Proceeds Agreement.
"Local Unit's Rebate Requirement", with respect to each issue of Local School
Bonds, shall mean the amount payable to the United States Treasury calculated pursuant to the
Letter Agreement.
"Penalty" shall mean the amount that must be paid to the United States Treasury
pursuant to the Penalty Election.
"Penalty Election", with respect to each issue of Local School Bonds, shall mean
the election made by the Local Unit to pay a penalty in lieu of rebate pursuant to Section
148(f)(4)(C)(vii) of the Code.
"Principal Subaccount" shall mean (i) the Principal Subaccount established
pursuant to Section 4 of this Proceeds Agreement for each Local Unit and (ii) both Principal
Subaccounts established pursuant to Section 4(B) of this Proceeds Agreement for the Local
Unit(s) described therein.
"Purchaser" shall mean, collectively, Bear, Stearns & Co. Inc., Morgan Stanley
Dean Witter, Davenport & Co. of Virginia, Inc., Legg Mason Wood Walker, Inc. and Wheat
First Securities, Inc.
93002.3 7
"Rebate Calculation Agent" shall have the meaning given to such term in the
Letter Agreement.
"Rebate Computation" shall mean the computation, as of a Computation Date, of
the Local Unit Rebate Requirement to such Computation Date. The amount so computed may
be a positive or a negative number.
"Rebate Exceptions" shall mean the Spending Exceptions and the Small-Issuer
Exception, collectively.
"Rebate Report" shall mean the Local Unit Rebate Computations.
"Rebate Requirement" shall mean the rebate requirement imposed by Sections
148(0(2) and (3) of the Code.
"Six-Month Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(B) of the Code.
. "Spending Exceptions" shall mean the Six-Month Exception, the Eighteen-Month
Exception and the Two-Year Exception, collectively.
"Small-Issuer Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(D) of the Code.
"SNAP" shall mean the State Non-Arbitrage Program established pursuant to
Article 7.1, Chapter 14, Title 2.1, Code of Virginia, as amended.
"SNAP Documents" shall mean the Information Statement and the Contract.
"Two-Year Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(C) of the Code.
93002.3 8
"VPSA" shall mean the Virginia Public School Authority, a public body corporate
and a political subdivision and instrumentality of the Commonwealth of Virginia.
"VPSA's Bond Yield" shall mean the Yield on VPSA's Bonds as set forth in the
Letter Agreement. As provided in Treasury Regulation Section 1.148-4(a), the yield on each
issue of Local School Bonds of a Local Unit the interest on which is excluded from gross
income shall equal the VPSA's Bond Yield.
"VPSA's Bonds" shall mean the $ aggregate principal amount of
VPSA's School Financing and Refunding Bonds (1997 Resolution) Series 1997-I.
"Withdrawal Date" shall mean the date as of which an interim Rebate Calculation
is made pursuant to Section 9 of this Proceeds Agreement.
"Yield" shall have the meaning accorded to such term by the Letter Agreement.
Section 3. Disposition of VPSA Bond Proceeds.
A. Prior to the Closing Date, each Local Unit will complete and submit, to the
Investment Manager, the program registration form and the SNAP account registration form
annexed to the Information Statement.
B. On the Closing Date, VPSA will transfer to CFNB for deposit in SNAP, in
immediately available funds, an amount equal to the aggregate purchase price of all of the Local
School Bonds ($ ).
C. Each Local Unit hereby agrees to adhere strictly to the prescribed and
recommended procedures described in the Information Statement. Each Local Unit hereby
further agrees that it will not deviate from or request an exception to such procedures without
first obtaining the prior written approval of VPSA. In the event of a conflict between the
93002.3 9
provisions of this Agreement and the Information Statement, the provisions of this Agreement
shall control.
Section 4. Establishment of Accounts.
A. Except as provided in Section 4(B) below, the Investment Manager will establish
on its books for each Local Unit one (1) account and two (2) subaccounts therein as follows:
VPSA-(Name of Local Unit) Proceeds Account - Series 1997-I Issue
Principal Subaccount
Income Subaccount
B. The Investment Manager shall establish on its books for County and
County, within the one (1) Proceeds Account for each such County, two (2)
subaccounts therein, and two subaccounts within each such subaccount, as follows:
VPSA- County Proceeds Account - Series 1997-I Issue
Non-Subsidy Subaccount Subsidy Subaccount
Principal Subaccount Principal Subaccount
Income Subaccount Income Subaccount
The amounts in the Principal Subaccounts and Income Subaccounts of these Local
Unit(s) shall be combined for purposes of this Agreement. Requisitions from County
or County shall specify the Subaccount from which moneys are being requisitioned.
If a Local Unit has elected to treat a portion of its Local School Bonds issue used
for construction as a separate issue as set forth on its signature page, the Investment Manager
shall maintain such records as necessary to determine the portion of the Principal Subaccount
and Income Subaccount of such Local Unit allocable to the construction issue and the non-
construction issue.
93002.3 10
Section 5. Disposition of Local School Bond Proceeds.
The Investment Manager shall, immediately upon the receipt of thc aggregate proceeds
of the Local School Bonds, allocate such proceeds on the Closing Date to the Local Units, dollar
for dollar, in accordance with the respective principal amounts of their Local School Bonds set
forth in Exhibit A to this Agreement. There is no accrued interest on thc Local School Bonds.
The proceeds of VPSA's Bonds allocated to each Local Unit shall be credited to the Principal
Subaccount of thc Local Unit in thc amounts set forth in Exhibit A with respect to the Subsidy
Local School Bonds and/or the Non-Subsidy Local School Bonds, as the case may be.
Section 6. Investment of Principal Subaccount.
The Investment Manager shall invest and reinvest moneys to the credit of the
Principal Subaccount of each Local Unit for the benefit of such Local Unit in accordance with
the provisions of the Information Statement and Section 18 of this Agreement. Thc Investment
Manager shall credit to the Local Unit's Income Subaccount all income and profits from the
investment and reinvestmcnt of moneys to thc credit of its respective Principal Subaccount.
Section 7. Disbursements from Principal Subaccount.
Beginning on the Closing Date, each Local Unit may at any time withdraw all or
any portion of the proceeds of its Local School Bonds credited to its Principal Subaccount
(including amounts transferred to thc credit of thc Principal Subaccount from thc Income
Subaccount pursuant to Section 9), in accordance with the Information Statement and, in the case
of a reimbursement to the Local Unit, by filing with the Investment Manager a requisition or
requisitions therefor in the form of Exhibit B to this Agreement signed by an Authorized
Representative of the Local Unit. Notwithstanding anything to the contrary in the Information
11
Statement, the Investment Manager agrees that, in the case of a reimbursement to the Local
Unit, it shall not disburse any money from the Principal Subaccount unless and until it has
received such requisition from the Local Unit.
Section 8. Investment of Income Subaceount.
The Investment Manager shall invest and reinvest moneys to the credit of the
Income Subaccount of each Local Unit for the benefit of such Local Unit in accordance with the
provisions of the Information Statement and Section 18 of this Agreement. The Investment
Manager shall credit to the Local Unit's Income Subaccount all income and profits from the
investment and reinvestment of moneys to the credit thereof.
Section 9. Income Subaceount.
A. The Investment Manager will notify a Local Unit and VPSA when the
balance to the credit of the Principal Subaccount of such Local Unit shall have been reduced to
zero ($0). Such Local Unit may then withdraw from its Income Subaccount an amount not in
excess of the amount then to the credit of its Income Subaccount if the Local Unit qualifies for
any one of the Rebate Exceptions or if such withdrawal is necessary to qualify for one of the
Spending Exceptions.
1. In order to qualify for the Small-Issuer Exception, the Local Unit must
deliver to VPSA and the Investment Manager no later than the end of calendar year 1997
(a) a letter from, or opinion of, nationally recognized bond counsel that the Local School
Bonds of such Local Unit purchased by VPSA with the proceeds of the VPSA's Bonds
will be treated as meeting the requirements of Code Sections 148(f)(2) and (3), pursuant
to Code Section 148(f)(4)(D); and (b) the Local Unit's covenant that it shall provide for
93002.3 12
the payment or reimburse VPSA for its payment of the Local Unit's Rebate Requirement
in the event that the Local School Bonds of such Local Unit fail to meet all of the
requirements of the Small Issuer Exception.
2. In order to determine if a Local Unit qualifies for either the Six-Month
Exception or the Eighteen-Month Exception, the Investment Manager shall advise each
Local Unit and VPSA of the amount that has been disbursed from the Principal
Subaccount and the Income Subaccount of such Local Unit (a) six (6) months from the
Closing Date, (b) twelve (12) months from the Closing Date, and (c) eighteen (18)
months from the Closing Date. To facilitate such determination, each Local Unit shall
set forth on the signature page for such Local Unit the amount of investment proceeds
that such Local Unit reasonably expects as of the Closing Date to earn.
3. In order to determine if a Local Unit qualifies for the Two-Year Exception,
the Investment Manager shall advise each Local Unit and VPSA, of the amount of
Available Construction Proceeds that has been disbursed from the Principal Subaccount
and the Income Subaccount of such Local Unit (a) six (6) months from the Closing Date,
(b) twelve (12) months from the Closing Date, (c) eighteen (18) months from the Closing
Date, and (d) twenty-four (24) months from the Closing Date. To facilitate such
determination, each Local Unit shall set forth on the signature page for such Local Unit
the amount of investment proceeds that such Local Unit reasonably expects as of the
Closing Date to earn and the elections that it requests VPSA to make on its behalf.
Furthermore, such Local Unit shall set forth in a certificate delivered to VPSA on the
93002.3 1 3
Closing Date such facts and circumstances as necessary to show that it reasonably expects
to qualify for the Two-Year Exception.
B. Except to the extent that a Penalty Election has been made on behalf of a Local
Unit, if the Local Unit fails to qualify for one of the Spending Exceptions, or is otherwise
subject to the Rebate Requirement, then prior to a withdrawal from its Income Subaccount and
upon receipt of such notification, the Local Unit shall promptly request, pursuant to the terms
of the Information Statement, an interim Rebate Computation with respect to such Local Unit
or an estimate of such Local Unit's Rebate Requirement for purposes of determining what
amount, if any, to the credit of the Income Subaccount may be subject to rebate. Any estimate
of the Local Unit's Rebate Requirement made by the Investment Manager shall also be provided
to VPSA in writing. Notwithstanding anything to the contrary in the Information Statement, no
disbursement will be made from the Income Subaccount until the aforementioned calculation
shall have been made. The amount to the credit of the Income Subaccount that may be subject
to rebate is the Income Subaccount Set Aside. On the Withdrawal Date, the Investment Manager
shall (i) reserve, in the Income Subaccount, the amount of the Income Subaccount Set Aside
until the next Rebate Computation required by Section 1 1 shall have been made and (ii) credit
the remaining balance to the credit of the Income Subaccount to the credit of the Local Unit's
Principal Subaccount.
Section 10. Investment Losses.
The Investment Manager shall charge any loss realized from the investment or
reinvestment of moneys to the credit of the Income Subaccount and the Principal Subaccount of
a Local Unit as follows:
9300:.3 14
1. losses on moneys to the credit of the Principal Subaccount shall be
charged thereto; and
2. losses on moneys to the credit of the Income Subaccount shall be
charged first to the Principal Subaccount and then to the Income Subaccount.
Section 11. Rebate Computations.
On or before each Computation Date, VPSA will prepare, or cause to be
prepared, in accordance with the provisions of the Letter Agreement the Local Unit Rebate
Computations. The Local Unit Rebate Computation for each Local Unit shall be made on the
basis of the Investment Reports maintained by the Investment Manager for each Proceeds
Account.
As set forth in the Letter Agreement, the Local Unit Rebate Requirement shall
be calculated separately for each Local Unit. If it is determined, however, that the Local Unit
Rebate Requirement is required to be calculated in the aggregate, the Local Unit Rebate
Requirement for each Local Unit shall be equal to the percentage of the Aggregate Local Unit
Rebate Requirement determined by multiplying the Aggregate Local Unit Rebate Requirement
by a fraction, the numerator of which is the positive Local Unit Rebate Requirement calculated
separately and the denominator of which is the sum of all of the positive Local Unit Rebate
Requirements calculated separately.
If any provision of this Agreement shall become inconsistent with any regulation
or regulations promulgated under Section 148(f) of the Code subsequent to the date hereof,
VPSA hereby agrees and covenants to prepare, or cause to be prepared, as soon as practicable,
a Local Unit Rebate Computation for each Local Unit, in compliance with such regulation or
93002.3 15
regulations, and VPSA, the Investment Manager and each of the Local Units hereby further
agree and covenant immediately to make any and all transfers and payments required by Sections
12 and 14 of this Agreement from any moneys on deposit in the Income Subaccount and any
other moneys of the Local Unit legally available for such purpose.
Section 12. Transfers to Income Subaccount.
Upon receipt of the Rebate Report from VPSA, if the amount on deposit in the
Local Unit's Income Subaccount (including the Income Subaccount Set Aside) is less than the
Local Unit Rebate Requirement of such Local Unit, the Investment Manager shall promptly
charge the Principal Subaccount of such Local Unit to the extent the amount on deposit to the
credit of the Income Subaccount is less than the Local Unit Rebate Requirement and credit its
Income Subaccount with an amount such that the balance to the credit of the Income Subaccount
is equal to the Local Unit Rebate Requirement (taking into account prior amounts credited to the
Income Subaccount including investment income thereon).
To the extent that the amount on deposit in the Principal Subaccount is insufficient
to provide for a deposit to the Income Subaccount such that the balance in the Income
Subaccount is equal to the Local Unit Rebate Requirement for the Local Unit, the Investment
Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and, to the
extent permitted by law, the Local Unit agrees to transfer promptly to CFNB, from any funds
that are or may be made legally available for such purpose, the amount required.
To the extent that the amount on deposit in the Income Subaccount exceeds the
Local Unit Rebate Requirement for the Local Unit, the excess over the Local Unit Rebate
Requirement shall be transferred to the Principal Subaccount of the Local Unit.
93002.3 16
Section 13. Disposition of Excess Proceeds.
A. When a Local Unit shall certify to VPSA and the Investment Manager that there
are balances to the credit of the Local Unit's Principal Subaccount or Income Subaccount that
will not be used for Capital Projects prior to November __, 2000, such amount shall be retained
in the Proceeds Account and, to the extent such amount is not required to be deposited to the
Income Subaccount pursuant to Section 12, VPSA will, except as provided in the last sentence
of this Section 13A, direct CFNB to apply such amount to redeem such Local Unit's Local
School Bonds on the earliest possible date that such Bonds may be called without a penalty or
premium or to pay a portion of the annual principal due on such Local Unit's Local School
Bonds (a) in the years before such Bonds are callable, (b) in years when such Local School
Bonds are callable but only in an amount in excess of the unexpended Local School Bond
proceeds, or (c) in years when such Bonds are callable but a call premium or penalty is required.
The portion of the annual principal payment due on the Local Unit's Local School Bonds that
may be paid from the unexpended Local School Bond proceeds is an amount equal to the annual
principal payment due multiplied by a fraction, the numerator of which is equal to the
unexpended Local School Bond proceeds of such Local Unit and the denominator of which is
equal to the face amount of such Local Unit's Local School Bonds. VPSA will notify the Local
Unit of the amount of such credit. Notwithstanding the foregoing, when a Local Unit shall
certify to VPSA and the Investment Manager that it has made an election under Section
148(f)(4)(C)(viii) or (ix) of the Code to terminate the Penalty Election, and that, pursuant to
Code Section 148(f)(4)(C)(viii)(III) of such termination election, such Local Unit indicates the
amount of Available Construction Proceeds to be applied to the redemption of its Local School
93002.3 17
Bonds and the date of such redemption, VPSA will direct the Investment Manager and CFNB
to apply such amount toward the redemption of such Local Unit's Local School Bonds on the
date indicated.
B. In the event, that there are any balances remaining on deposit in either the Principal
Subaccount or Income Subaccount of any Local Unit on November w, 2000, such amounts will
be invested by the Investment Manager in an Individual Portfolio at a Yield not in excess of the
VPSA's Bond Yield or in tax-exempt obligations.
Section 14. Rebate Payments and Penalty Payments.
A. The Local Unit Rebate Requirement of each Local Unit shall be paid to the
United States Treasury at the direction of VPSA on behalf of and for the accounts of the Local
Unit and VPSA in accordance with the Letter Agreement.
B. The payment of the Local Unit Rebate Requirement of each Local Unit shall
be in partial satisfaction with respect to the VPSA's Bonds, and total satisfaction with respect
to the proceeds of the Local School Bonds on deposit in the Proceeds Account, of the
requirements of Section 148(f) of the Code except to the extent that such issue of Local School
Bonds may be treated as a composite issue under Treasury Regulation §1.150-1(c) with another
issue of obligations.
C. Notwithstanding anything to the contrary herein, if VPSA has made the
Penalty Election on behalf of a Local Unit and if such Local Unit fails to qualify for one of the
Spending Exceptions, then, prior to any further disbursements from the Principal Subaccount or
Income Subaccount, the Local Unit shall promptly request, pursuant to the terms of the
93002.3 18
Information Statement, a computation of the amount of the Penalty that must be paid to the
United States Treasury pursuant to the Penalty Election.
If the amount on deposit in the Local Unit's Income Subaccount and Principal
Subaccount is less than the amount of the Penalty due by such Local Unit, the Investment
Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and to the
extent permitted by law, the Local Unit agrees to transfer promptly to CFNB, from any funds
that are or may be made legally available for such purpose, the amount required. The Penalty
of each Local Unit shall be paid to the United States Treasury at the direction of VPSA on
behalf of and for the accounts of the Local Units no later than ninety (90) days after the end of
the spending period to which the Penalty relates.
Section 15. Duties of VPSA.
VPSA shall carry out its duties and responsibilities under this Agreement and may
retain agents, independent contractors and others that it deems qualified to carry out any or all
of such duties and responsibilities.
VPSA shall carry out, or cause to be carried out, all of its responsibilities under
the Letter Agreement.
VPSA shall retain a copy of all Rebate Computations for at least six (6) years
after the retirement of the last of VPSA's Bonds.
VPSA agrees that, except as provided in this Agreement, any rebate liability that
VPSA may have on account of the investment and reinvestment of the Gross Proceeds of
VPSA's bonds, including, by way of example and not of limitation, any rebate liability as a
result of the investment of money credited to funds and accounts created under its bond
93002.3 19
resolutions or as a result of the advance refunding of its bonds, shall be the sole responsibility
of VPSA and not any Local Unit.
Section 16. Duties of CFNB.
CFNB shall carry out its duties and responsibilities under the SNAP Documents
and this Agreement.
Section 17. Duties of Local Units.
A. The Local Units will cooperate with VPSA, the Investment Manager and
CFNB in order to ensure that the purposes of this Agreement are fulfilled. To that end, each
Local Unit covenants and agrees that it will take any and all action and refrain from taking any
and all action, as recommended by its bond counsel, to maintain the exclusion from gross
income for federal income tax purposes of interest on its Local School Bonds to the same extent
such interest was so excludable on the Closing Date.
B. If a Local Unit is required to restrict the Yield on its investments, in order
to comply with such covenant or to maintain the exclusion from gross income for federal income
tax purposes of the interest on VPSA's Bonds, it shall timely notify the Investment Manager to
restrict such Yield to the VPSA's Bond Yield. Each Local Unit agrees not to charge its general
fund or otherwise set aside or earmark funds with which to pay debt service on its Local School
Bonds (other than as a budget item) prior to the date of payment thereof to VPSA.
C. Each Local Unit agrees to provide for the payment of its Local Unit Rebate
Requirement and/or Penalty and acknowledges that the payment of its Local Unit Rebate
Requirement and/or Penalty is necessary to maintain the exclusion from gross income for federal
income tax purposes of interest on its Local School Bonds as well as the VPSA's Bonds. Each
93002.3 20
Local Unit agrees to complete and to provide to VPSA such forms as VPSA may request for
filing in connection with the payment of the Local Unit Rebate Requirement and/or Penalty.
D. Each Local Unit hereby covenants and represents that neither the Local
Unit nor any related party, as defined in Section 1.150-1(b) of the Treasury Regulations, to such
Local Unit, pursuant to any arrangement, formal or informal, will purchase the VPSA's Bonds
in an amount related to the amount of Local School Bonds to be acquired from such Local Unit
by VPSA.
Section 18. Responsibilities of the Investment Manager.
The Investment Manager shall be the agent of, and serve at the expense of, the
Local Units, to manage and direct the temporary investment and reinvestment of all moneys to
the credit of the Proceeds Accounts pending their disbursement to the Local Units and to make
such computations as required by this Agreement.
In general, the duties of the Investment Manager shall include those described in
the SNAP Documents.
In particular, the Investment Manager will direct the investment and reinvestment
of moneys to the credit of the Subaccounts of each Local Unit in accordance with the
Information Statement, the Contract and this Agreement.
Section 19. Costs.
Costs of SNAP are payable as provided in the Information Statement. The
difference in the interest rates between VPSA's Bonds and the Local School Bonds shall be
collected and retained by VPSA as partial payment of the administrative costs incurred by VPSA
in connection with issuing, carrying, and repaying VPSA's Bonds, and the underwriting
93002.3 21
discount, if any, and the cost of purchasing, carrying, and selling or redeeming the Local School
Bonds. VPSA will not charge any other fee to the Local Units for its services or seek
reimbursement for its fees and expenses, including counsel fees, incurred in connection with the
discharge of its duties and responsibilities under this Agreement.
Section 20. Opinions of Counsel.
On the Closing Date, VPSA and each Local Unit shall furnish an opinion of
counsel addressed, in the case of counsel to VPSA, to all the Local Units, and in the case of
counsel to the Local Units, to VPSA, to the effect that the obligations of its client under this
Agreement are valid, binding and enforceable against such client in accordance with its terms.
Section 21. Amendment.
This Agreement may be amended only with the consent of all the affected parties;
provided, however, that this Agreement shall be amended whenever, in the judgment of VPSA,
based on an opinion of its counsel, such amendment is required in order to insure that interest
on VPSA's Bonds shall remain excludable from gross income for federal income tax purposes
to the same extent it was, in the opinion of such counsel, so excludable on the Closing Date.
VPSA shall offer to amend this Agreement whenever it shall in good faith determine, based on
an opinion of its counsel, that any one or more of the restrictions or requirements imposed by
this Agreement upon the Local Units, or any of them, may be removed or modified without
adversely affecting the exclusion of interest on VPSA's Bonds from gross income for federal
income tax purposes.
93002.3 22
Section 22. Notices.
Whenever notice is to be given pursuant to the provisions of this Agreement, such
notice shall be deemed to have been satisfactorily given on the same day if hand delivered or
telecopied during regular business hours or three (3) days after the date of postmark if mailed,
first class mail, postage prepaid, as
if to VPSA, to
by hand
by mail
by telecopier
in any case
follows:
Virginia Public School Authority
c/o State Treasurer
3rd Floor, James Monroe Building
101 North 14th Street
Richmond, Virginia 23219
Post Office Box 1879
Richmond, Virginia 23218-1879
(804) 225-3187
Attention: Director, Debt Management Division
if to CFNB, to
by hand
by mail
by telecopier
in any case
Central Fidelity National Bank
1021 East Cary Street
Richmond, Virginia 23219
Post Office Box 27602
Richmond, Virginia 23261
(804) 697-7173
Attention: Anthony J. Conte
Vice President
93002.3 23
if to the Investment Manager, to
by hand
by mail
by telecopier
in any case
Mentor Investment Advisors, LLC
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
(804) 344-6520
Attention: A1 Samper
Senior Vice President
if to a Local Unit, to the address or telecopier number indicated on the page of this
Agreement executed by such Local Unit.
Any such address or number may be changed by written notice given to all the
other parties to this Agreement and the Investment Manager, except that a Local Unit need give
such notice only to VPSA, CFNB and the Investment Manager.
Section 23. No Third Party Beneficiaries.
Except as herein otherwise expressly provided, nothing in this Agreement
expressed or implied is intended or shall be construed to confer upon any person, firm or
corporation other than the parties hereto any right, remedy or claim, legal or equitable, under
or by reason of this Agreement or any provision hereof, this Agreement and all its provisions
being intended to be and being for the sole and exclusive benefit of the parties hereto.
93002.3 24
Section 24. Severability.
In case any one or more of the provisions of this Agreement shall for any reason
be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision
of this Agreement and this Agreement shall be construed and enforced as if such illegal or
invalid provision had not been contained herein. In case any covenant, stipulation, obligation
or agreement contained in this Agreement shall for any reason be held to be in violation of law,
then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant,
stipulation, obligation or agreement of the affected party to the full extent permitted by law.
Section 25. No Personal Liability.
All covenants, stipulations, obligations and agreements of VPSA contained in this
Agreement shall be deemed to be covenants, stipulations, obligations and agreements of VPSA
to the full extent authorized by the laws and permitted by the Constitution of Virginia. No
covenant, stipulation, obligation or agreement contained herein shall be deemed to be a
covenant, stipulation, obligation or agreement of any present or future member, employee or
agent of VPSA or any Local Unit in his individual capacity. No member, officer, employee or
agent of VPSA or any Local Unit shall incur any personal liability in acting or proceeding or
in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of
this Agreement and the applicable laws of the Commonwealth of Virginia.
Section 26. Applicable Law.
This Agreement is executed with the intent that the laws of the Commonwealth
of Virginia shall govern its construction.
93002.3 25
Section 27.
Section 28.
on which VPSA shall make the final rebate payment required by
Ag~ement.
Counterparts.
This Agreement may be executed in one or more counterparts.
Effective Date; Term.
This Agreement shall take effect on the Closing Date and shall expire on the date
Part D of the Letter
Virginia Public School Authority
By:
Name
Title:
Richard A. Davis
Assistant Secretary and
Assistant Treasurer
Central Fidelity National Bank
By:
Name: Anthony J. Conte
Title: Vice President
Mentor Investment Advisors, LLC
By:
Name: A1 Samper
Title: Senior Vice President
93002.3 26
NAME OF ISSUER:
Page 1 of 2
A. Address for notices, by hand, by mail and by telecopier, if any, as referred to in
Section 22 above:
Be
Authorized Representative(s):
Name
Title
Specimen Signature
C. Local School Bonds Closing Date (if not November _, 1997, enter Date of Issue of
Local School Bonds):
D. Is the Small Issuer Exception ($5,000,000) applicable to this Issuer? (If yes, an opinion
of Bond Counsel and Issuer's covenant is required as per Section 9 herein).
Yes No
E. Eighteen Month Exception Estimated Investment Earnings for purposes of the Eighteen-
Month Exception: $
If any proceeds are used to refund prior debt, please indicate:
(a) proceeds used to refund prior debt: $
(b) issuance expense allocable to the refunding portion of the issue:
$
93002.3
Name of Issuer:
Page 2 of 2
F. Elections with respect to Two-Year Exception:
1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two-
Year Exception:
Yes No
issue:
Estimated Investmem Earnings: $
If any proceeds are used to refund prior debt, please indicate:
(a) proceeds used to refund prior debt: $
(b) issuance expenses allocable to the refunding portion of the issue: $
Bifurcation Election to treat the portion of the issue used for construction as a separate
Yes No
If yes, state the portion of the issue used for construction and non-construction, respectively; (the
sum of the following amounts must equal the issue price of $
reduced by any portion used for refunding purposes):
(a) portion of the issue used for construction: $
(b) issuance expenses allocable to the construction portion of the issue: $
(c) portion of the issue used for non-construction: $
(d) issuance expenses allocable to the non-construction portion of the issue: $
Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate:
Yes No
City of
By:
Name:
Title:
93002.3
NAME OF ISSUER:
Page i of 2
A. Address for notices, by hand, by mail and by telecopier, if any, as referred to in
Section 22 above:
Be
Authorized Representative(s):
Name
Title
Specimen Signature
C. Local School Bonds Closing Date (if not November __, 1997, enter Date of Issue of
Local School Bonds):
D. Is the Small Issuer Exception ($5,000,000) applicable to this Issuer? (If yes, an opinion
of Bond Counsel and Issuer's covenant is required as per Section 9 herein).
Yes No
E. Eighteen Month Exception Estimated Investment Earnings for purposes of the Eighteen-
Month Exception: $
If any proceeds are used to refund prior debt, please indicate:
(a) proceeds used to refund prior debt: $
(b) issuance expense allocable to the refunding portion of the issue:
$
93002.3
Name of Issuer:
Page 2 of 2
F. Elections with respect to Two-Year Exception:
1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two-
Year Exception:
Yes No
issue:
Estimated Investmem Earnings: $
If any proceeds are used to refund prior debt, please indicate:
(a) proceeds used to refund prior debt: $
(b) issuance expenses allocable to the refunding portion of the issue: $
Bifurcation Election to treat the portion of the issue used for construction as a separate
Yes No
If yes, state the portion of the issue used for construction and non-construction, respectively; (the
sum of the following amounts must equal the issue price of $
reduced by any portion used for refunding purposes):
(a) portion of the issue used for construction: $
(b) issuance expenses allocable to the construction portion of the issue: $
(c) portion of the issue used for non-construction: $
(d) issuance expenses allocable to the non-construction portion of the issue: $
Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate:
Yes No
County
By:
Name:
Title:
93002.3
Exhibit A
Page 1 of 2
LOCAL SCHOOL BONDS
NON-SUBSIDY
Local Unit
Accomack County
Albemarle County
Bedford County
Fauquier County
Greene County
Hanover County
Momgomery County
Prince George County
Spotsylvania County
Stafford County
City of Staunton
York County
Principal Amount of Bonds
$ 8,305,000
20,455,000
4,700,000
3,500,000
1,700,000
3,220,000
4,200,000
14,540,000
8,940,000
8,450,000
2,000,000
15,000,000
$ 95,010,000
93002.3 A-1
Exhibit A
Page 2 of 2
LOCAL SCHOOL BONDS -
SUBSIDY
Local Unit
Accomack County
Campbell County
Greensville County
Hanover County
Momgomery County
Prince Edward County
Prince George County
City of Richmond
City of Roanoke
Spotsylvania County
City of Staunton
Principal Amount of Bonds
$ 10,000,000
3,525,100
6,270,000
3,725,000
5,000,000
5,000,000
5,000,000
5,000,000
5,000,000
10,000,000
5,000,000
$ 63,520,100
93002.3 A-2
Exhibit B
[No requisition is required in conjunction with a check payable
to a vendor in respect of an invoice due and payable.]
FORM OF REQUISITION FOR REIMBURSEMENT BY
PRE-AUTHORIZED WIRE
[To be used for REIMBURSEMENT to a Local Unit from Local
School Bond proceeds for an invoice or obligation that has been
paid and is eligible for payment from Local School Bond
proceeds.]
Mentor Investment Advisors, LLC
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
VIRGINIA PUBLIC SCHOOL AUTHORITY [Name of Local Unit]
BOND PROCEEDS ACCOUNT - SERIES 1997-I ISSUE
Requisition from the Principal Subaccount
Requisition No.
("item number")
This requisition for payment from the Principal Subaccount of the Proceeds Account is
submitted in accordance with the provisions of the Proceeds Agreement dated November __,
1997, among the Virginia Public School Authority CVPSA"), the undersigned (the "Local Unit")
and the other units of local government signatory thereto, Mentor Investment Advisors, LLC,
as Investment Manager and Central Fidelity National Bank. You are hereby notified that you
are authorized and directed by the Local Unit to pay the following obligation from the Principal
Subaccount:
1. The item number of such payment: __
2. The amount[s] to be paid: $
93002.3 B-1
3. Purpose by general classification for which such obligation was
incurred:
4. The date(s) the expenditure(s) was/were made:
To reimburse the Local Unit for costs of the
Local Unit through , 19 as follows:
__ School paid by the
5. A copy of each supporting [invoice, work order, statement] for which
reimbursement is to be made is attached hereto.
6. The obligation[s] in the stated mount[s] have been paid, and each item
thereof is a proper charge against the proceeds of the Local Unit's Proceeds
Account and has not been the subject of a previous withdrawal from the Proceeds
Account.
7. All of which is hereby certified.
Dated
[Name of Local Unit]
By:~
Authorized Local Unit
Representative
93002.3 B-2
Virginia Public School Authority
101 North 14th Street
Richmond, Virginia 23219
Exhibit C
LETTER AGREEMENT
November __, 1997
Re: Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing and Refunding Bonds (1997 Resolution)
Series 1997-I
This LETTER AGREEMENT, dated the date shown above (this "Letter Agreement"),
is between the Authority and the Investment Manager. All capitalized terms used herein shall
have the meaning given to them in Part E of this Letter Agreement or in Section 2 of the
Proceeds Agreement to which this Letter Agreement is attached as Exhibit C.
With respect to the VPSA's Bonds, the Code requires that an amount equal to the
VPSA's Rebate Requirement be paid to the United States Treasury. With respect to each issue
of Local School Bonds, the Code requires that an amount equal to the Local Unit's Rebate
Requirement be paid to the United States Treasury. Accordingly, VPSA hereby directs the
Investment Manager, as provided below, to assist VPSA and each Local Unit to comply with
the VPSA's Rebate Requirement and the respective Local Unit's Rebate Requirement.
To enable VPSA and the Local Units to fulfill their respective obligations under the
Proceeds Agreement and to make such payments, and to enable the Investment Manager to fulfill
its obligations under this Letter Agreement, the Investment Manager will prepare, on or before
January w, 1999 each January __ thereafter, the Investment Reports for VPSA as of the
preceding December 1 and each Local Unit as of the preceding December 1. On the basis of
such Investment Reports, VPSA shall cause the Rebate Calculation Agent to prepare the Local
Unit Rebate Computation setting forth the Local Unit Rebate Requirement as of each
Computation Date for each Local Unit with respect to its issue of Local School Bonds as
described in paragraph 3 of Part B hereto. In addition, the Investment Manager will, based on
the Rebate Report, transfer, within thirty (30) days after the Computation Date of each Local
93002.3 C-1
Unit, from its Principal Subaccount, if necessary, to its Income Subaccount, the amount required
so that the amount to the credit of the Income Subaccount of each Local Unit shall equal its
Local Unit Rebate Requirement.
A. Investment Report
With respect to all Nonpurpose Investments acquired during the term of this Letter
Agreement with Gross Proceeds of each issue of Local School Bonds, the Investment Manager
shall maintain separate Investment Reports for each issue of Local School Bonds.
The Investment Report for each Local Unit shall consist of the investments made with
respect to its Proceeds Account.
B. Rebate Computation on Local School Bonds
VPSA shall compute each Local Unit's Rebate Requirement with respect to its issue of
Local School Bonds in accordance with the procedure described below:
1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as
well as any rebate payments made, to such Computation Date in accordance with the
requirements of the Treasury Regulations. Unless VPSA shall otherwise direct, transaction costs
incurred in acquiring, carrying, selling or redeeming such obligations, shall be accounted for as
provided in the Information Statement.
2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as
well as any rebate payments recovered, to such Computation Date in accordance with the
requirements of the Treasury Regulations.
3. As of each Computation Date, VPSA shall subtract the amount computed pursuant
to paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the
"Local Unit Rebate Requirement" as of the Computation Date.
4. Each of the Local Units has covenanted in Section 17 of the Proceeds Agreement not
to charge its general fund or otherwise set aside or earmark funds with which to pay debt service
on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to
VPSA.
5. The Local Unit Rebate Requirement may be treated as being met and no rebate
computation shall be required with respect to the proceeds of the VPSA's Bonds applied to
purchase such Local Unit's Local School Bonds if the VPSA receives the opinions and covenants
93002.3 C-2
or certification described in Section 9A of the Proceeds Agreement that a Local Unit meets the
requirements of the (a) Six-Month Exception, (b) Eighteen-Month Exception, (c) Small Issuer
Exception, or (d) Two-Year Exception, subject to the provisions described below.
(a) Six-Month Exception. Notwithstanding the fact that all of the Gross Proceeds
of the Local School Bonds are spent within six (6) months of the date of issue and no
other Gross Proceeds of the Local School Bonds are anticipated for the remainder of the
term of the issue, if Gross Proceeds of the Local School Bonds become available after
the end of the initial six-month period, the Local Unit Rebate Requirement shall be
computed with respect to such Gross Proceeds in accordance with the procedure
described above.
(b) Eighteen-Month Exception. Notwithstanding the fact that all of the Gross
Proceeds of the Local School Bonds are spent within eighteen (18) months of the date
of issue and no other Gross Proceeds of the Local School Bonds are anticipated for the
remainder of the term of the issue, if Gross Proceeds of the Local School Bonds become
available after the end of the initial eighteen-month period, the Local Unit Rebate
Requirement shall be computed with respect to such Gross Proceeds in accordance with
the procedure described above.
(c) Small Issuer Exception. If a Local Unit delivers to VPSA no later than the
end of calendar year 1997 (i) the opinion of nationally recognized bond counsel that the
Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the
VPSA's Bonds will be treated as meeting the requirements of Code Sections 148 (0(2)
and (3) pursuant to Code Section 148 (f)(4)(D) and (ii) the Local Unit's covenant that it
shall provide for the payment of or reimburse VPSA for its payment of the Local Unit
Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to
meet all the requirements of the Small Issuer Exception, then no rebate computation shall
be made with respect to the proceeds of VPSA's Bonds applied to purchase such Local
School Bonds. Although the Local School Bonds of a Local Unit may qualify for the
Small Issuer Exception, custody, investment and disbursement of the proceeds of the
VPSA's Bonds applied to the purchase of the Local Unit's Local School Bonds shall
continue under the Proceeds Agreement, and the Investment Manager shall continue to
provide an Investment Report for such Local Unit.
6. In addition to the foregoing, no rebate computation shall be required with respect to
the proceeds of the VPSA's Bonds applied to purchase a Local Unit's Local School Bonds if a
Penalty Election has been made on behalf of the Local Unit with respect to such Local School
Bonds.
93002.3 C-3
C. Aggregate Rebate Computation on Local School Bonds
In the event that the Treasury Regulations require that the Local Units' Rebate
Requirements be calculated in the aggregate, VPSA shall compute the Aggregate Local Units'
Rebate Requirement in accordance with the procedure set forth below.
1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have
made the Penalty Election), as well as any rebate payments made, to such Computation Date in
accordance with the requirements of the Treasury Regulations.
2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have
made the Penalty Election), as well as any rebate receipts recovered, to such Computation Date
in accordance with the requirements of the Treasury Regulations.
3. As of each Computation Date, VPSA shall subtract the amount computed pursuant
to paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the
"Aggregate Local Units' Rebate Requirement" as of the Computation Date.
D. Rebate Payment
1. Upon the calculation of the Local Unit Rebate Requirement for each Local Unit,
VPSA shall notify the Investment Manager thereof. The Investment Manager shall promptly
charge the Principal Subaccount of a Local Unit to the extent the amount on deposit to the credit
of its Income Subaccount is less than its Local Unit Rebate Requirement and credit its Income
Subaccount with an amount such that the balance to the credit of the Income Subaccount is equal
to such Local Unit Rebate Requirement (taking into account prior amounts credited to the
Income Subaccount including investment income thereon). To the extent that the amount on
deposit in the Principal Subaccount is insufficient to provide for a deposit to the Income
Subaccount such that the balance in the Income Subaccount is equal to the Local Unit Rebate
Requirement for the Local Unit, the Investment Manager shall advise VPSA and such Local Unit
of the amount of the deficiency so that the Local Unit may promptly transfer to CFNB the
amount required pursuant to Section 12 of the Proceeds Agreement.
2. In addition to the computation of the Local Units' Rebate Requirement, VPSA shall
calculate its Rebate Requirement with respect to Nonpurpose Investments that were acquired with
the Gross Proceeds of the VPSA's Bonds in accordance with the procedures set forth in the
Rebate Certificate attached as an Exhibit to the Tax Certificate executed by VPSA in connection
with the issuance of the VPSA's Bonds.
93002.3 C-4
3. The Local Unit Rebate Requirement for each Local Unit, if a positive number, shall
be paid at the direction of VPSA to the United States in installments. Each payment shall be
made not later than sixty (60) days after each Computation Date. Each payment must be in an
amount not less than the total of ninety percent (90%) of the Local Unit Rebate Requirement for
each Local Unit as of each Installment Computation Date. All of the Local Unit Rebate
Requirement must be paid to the United States within sixty (60) days after the Final Computation
Date. Payment shall be made to the Internal Revenue Service Center, Philadelphia,
Pennsylvania 19255 and be accompanied by Form 8038-T. VPSA shall make such payment as
required. Investment Reports and records of the determinations made hereunder shall be
retained by the Investment Manager and by VPSA, respectively, until six (6) years after the
retirement of the last of VPSA's Bonds.
E. Definitions
In addition to the words and terms defined in the Proceeds Agreement to which this
Letter Agreement is attached as Exhibit C, the following words and terms shall have the
following meanings:
"Available Construction Proceeds" shall have the meaning given to such term in Section
2 of the Proceeds Agreement.
"Bond Resolution" shall mean the resolution of the Authority adopted on September 29,
1997.
"Closing Date" shall have the meaning given to such term in the Proceeds Agreement.
"Code" shall have the meaning given to such term in the Proceeds Agreement.
"Computation Date" shall have the meaning given to such term in the Proceeds
Agreement.
"Eighteen-Month Exception" shall mean the exception, provided by Section 1.148-7(d)
of the Treasury Regulations, to the rebate requirement imposed by Section 148(f)(2) of the Code.
"Fair Market Price" shall mean the purchase price and disposition price of a Nonpurpose
Investment. Any Nonpurpose Investment purchased must be purchased at the Fair Market Price.
An investment that is not of a type traded on an established market, within the meaning of
Section 1273 of the Code, is rebuttably presumed to be acquired or disposed of at a price that
is not equal to its fair market value. Accordingly, a premium may not be paid to adjust the
yield on an investment, a lower interest rate than is usually paid may not adjust the yield on an
investment and no transaction may result in a smaller profit or larger loss than would have
resulted if the transaction had been at arm's-length and had the yield with respect to the Bonds
not been relevant to either party. Pursuant to Treasury Regulation Section 1.148-5(d), the
93002.3 C-5
following are safe harbors for establishing the Fair Market Price of certificates of deposit and
guaranteed investment contracts:
(i) Certificate of Deposit. A certificate of deposit with a fixed interest rate,
fixed payment schedule and a substantial penalty for early withdrawal will be deemed
purchased for fair market value if the yield on the certificate of deposit is not less than
(i) the yield on reasonably comparable direct obligations of the United States and (ii) the
highest yield published or posted by the provider to be currently available from the
provider on reasonably comparable certificates offered to the public. See Section 1.148-
5(d)(6)(ii) of the Treasury Regulations.
(ii) Investment Agreement. Investments pursuant to a guaranteed investment
agreement will be regarded as being made at fair market price if (i) the Issuer makes a
bona fide solicitation for a specified guaranteed investment contract; (ii) the Issuer
receives at least three bona fide bids on the investment contract from providers that have
no material financial interest in the Bonds (including as underwriter); (iii) the winning
bidder provides a certificate that (A) lists all recipients, amounts and purposes of each
brokerage fee, placement fee, commission or other similar payment to third parties paid
by or on behalf of the winning bidder in connection with the guaranteed investment
contract, (B) states that the yield on the guaranteed investment contract is not less than
the yield available from the provider on reasonably comparable guaranteed investment
contracts offered to other persons from sources of funds other than gross proceeds of
tax-exempt bonds, and (C) in those agreements wherein the Issuer deposits amounts,
states that the Issuer's reasonably expected draw-down schedule (other than for amounts
deposited in debt service funds or reasonably required reserve or replacement funds) was
a significant factor in the determination of the terms of the guaranteed investment
contract; (iv) the Issuer purchases the highest yielding guaranteed investment contract for
which a qualifying bid was made (determined net of broker's fees); and (v) the terms of
the guaranteed investment contract, including the collateral security requirements, are
reasonable have the same meaning as set forth in the Treasury Regulations.
"Final Computation Date" shall have the meaning given to such term in the Proceeds
Agreement.
"Future Value" of a payment or receipt at the end of any period is determined using the
economic accrual method and equals the value of that payment or receipt when it is paid or
received (or treated as paid or received), plus interest assumed to be earned and compounded
over the period at a rate equal to the Yield on the VPSA's Bonds, using the same compounding
interval and financial conventions used to compute that yield.
"Gross Proceeds" shall have the meaning ascribed to such term in Section 148 of the
Code and shall mean:
93002.3 C-6
(a) amounts actually received or constructively received by VPSA from
the sale of the VPSA's Bonds and the amounts actually or constructively received
by the Local Units from the sale of the Local School Bonds, other than any
interest accruing on the VPSA's Bonds from the dated date to the issue date of
such bonds;
(b) amounts treated as Transferred Proceeds (as defined in Treasury
Regulations Section 1.148-9) of the VPSA's Bonds or the Local School Bonds,
if any;
(c) amounts that are reasonably expected to be or are in fact used to pay
debt service on the Bonds including amounts in the sinking fund portion of the
1997 Income Fund under the Bond Resolution and the 1997 Sinking Fund under
the Bond Resolution;
(d) securities or obligations pledged by the VPSA or Local Unit as
security for payment of debt service with respect to the VPSA's Bonds or the
Local School Bonds;
(e) amounts received with respect to any investments acquired with Gross
Proceeds for the purpose of carrying out the governmental purpose for which the
VPSA's Bonds or the Local School Bonds were issued, including the Local
School Bonds, except that such amounts shall not include amounts, if any, that
are properly allocable to qualified administrative costs recoverable under
Treasury Regulation Section 1.148-5(e) or to the higher yield permitted under
Treasury Regulation Section 1.148-2(d) or Section 143(g) of the Code;
(f) amounts treated as "replacement proceeds" of the VPSA's Bonds or
the Local School Bonds within the meaning of section 1.148-1(c) of the Treasury
Regulations;
(g) any funds that are part of a reserve or replacement fund for the VPSA
Bonds or Local School Bonds; and
(h) amounts received as a result of investing any Gross Proceeds.
Gross Proceeds shall include amounts that are on deposit in the Income Subaccount to
the extent that such amounts are derived from Gross Proceeds of the VPSA's Bonds or the Local
School Bonds. The determination of whether an amount is included within this definition shall
be made without regard to whether the amount is credited to any fund or account established
under the Bond Resolution, or whether the amount is subject to the pledge of the Bond
Resolution.
93002.3 C-7
For purposes of subsection (d) above, an amount is pledged to pay principal or interest
with respect to VPSA's Bonds or Local School Bonds if there is a reasonable assurance that the
amount will be available for such purposes in the event that the VPSA or Local Unit encounters
financial difficulties. An amount can be indirectly pledged to pay principal or interest with
respect to VPSA's Bonds or Local School Bonds if it is pledged to a guarantor of either or both
such bonds. An amount may be "negatively" pledged to pay principal or interest with respect
to VPSA's Bonds or Local School Bonds if it is held under an agreement to maintain the amount
at a particular level for the direct or indirect benefit of the holders of the bonds or a guarantor
of the bonds. An amount is not negatively pledged however if (i) VPSA or the Local Units may
grant rights in the amount that are superior to the rights of the holders of the bonds or a
guarantor of the bonds, or (ii) the amount does not exceed reasonable needs for which it is
maintained, the required level is tested no more frequently than every 6 months, and the amount
may be spent without any substantial restriction other than a requirement to replenish the amount
by the next testing date.
If a decision is made to apply any insurance or condemnation proceeds to the redemption
of VPSA's Bonds or Local School Bonds instead of using such proceeds for repair or
replacement, any such proceeds become Gross Proceeds on the date of such a decision.
The definition of Gross Proceeds has been set out in full for the sake of completeness.
With respect to each Local School Bond, all of the Gross Proceeds are on deposit in such Local
Unit's Proceeds Account except to the extent that the Local School Bonds may be part of a
composite issue under Treasury Regulation §1.150-1(c), or the Local Unit may have retained
Transferred Proceeds. With respect to the VPSA's Bonds, all of its Gross Proceeds are the total
of the amounts on deposit in the Proceeds Accounts of the Local Units, except as provided
above, and the amounts on deposit in the sinking fund portion of its 1997 Income Fund under
the Bond Resolution and the 1997 Sinking Fund under the Bond Resolution.
"Income Subaccount Set Aside" shall have the meaning given to such term in the
Proceeds Agreement.
"Installment Computation Dates" shall have the meaning given to such term in the
Proceeds Agreement.
"Investment Report" shall mean the record of investment activity maintained by the
Investment Manager with respect to the investment property and the Local Units, as described
in the Letter of Instructions to the Investment Manager from the Treasury Board of the
Commonwealth of Virginia dated May 4, 1994.
"Local Unit's Rebate Requirement" shall mean the sum of (i) the excess of (A) the
aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of
the Local School Bonds over (B) the amount that would have been earned if the Nonpurpose
Investments had a Yield equal to the VPSA's Bond plus (ii) any income attributable to the excess
described in clause (i).
93002.3 C-8
"Nonpurpose Investments" shall mean any security, obligations, annuity contract or any
other investment-type property (as such term is defined in Section 1.148-1(b) of the Treasury
Regulations) that is not acquired to carry out the governmental purpose of the VPSA's Bonds
or the Local School Bonds. Nonpurpose Investments shall not include Tax-Exempt Investments.
Any Nonpurpose Investments shall be purchased by the Investment Manager only if the purchase
price of the Nonpurpose Investment is the Fair Market Price.
"Rebate Calculation Agent" shall mean that accounting firm with a favorable national
reputation in the field of the calculation of amounts subject to rebate to the United States under
Section 148(0 of the Code and the Temporary Regulations that has been appointed under Section
9.2 of the Contract or by VPSA.
"Six-Month Exception" shall mean the exception, provided by Section 148(f)(4)(B) of the
Code, to the rebate requirement imposed by Section 148(f)(2) of the Code.
"Small Issuer Exception" shall mean the exception, provided by Section 148(f)(4)(D) of
the Code, to the rebate requirement imposed by Section 148(f)(2) of the Code.
"Tax-Exempt Investments" shall include:
(i) obligations the interest on which is excludable from gross income for
federal income tax purposes, and not treated as an item of tax preference under
Section 57(a)(5)(C) of the Code,
(ii) stock in a regulated investment company to the extent that at least 95 %
of the income to the holder of the interest is excludable from gross income under
Section 103 of the Code, and
(iii) certificates of indebtedness issued by the United States Treasury
pursuant to Demand Deposit State and Local Government Series program
described in 31 CFR part 344 CSLGs").
"Treasury Regulations" shall mean the Treasury Regulations Sections 1.148-0 through
1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(e)-1, 1.149(g)-1, Section 1.150-1 and Section 1.150-2,
as amended from time to time hereafter, and other regulations promulgated under Section 148
of the Code.
"Two-Year Exception" shall mean the exception, provided by Section 148(f)(4)(C) of the
Code, to the rebate requirement imposed by Section 148(0(2) of the Code.
"VPSA's Rebate Requirement" shall mean the sum of (i) the excess of (A) the aggregate
amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of VPSA's
Bonds over (B) the amount that would have been earned if the Nonpurpose Investments had a
93002.3 C-9
Yield equal to VPSA's Bond Yield plus (ii) any income attributable to the excess described in
clause (i).
"Yield", for purposes of this Letter Agreement, shall be calculated pursuant to the
Treasury Regulations by means of an actuarial method of yield calculation whereby "yield"
means that discount rate which, when used in computing the present value of all the
unconditionally payable payments of principal and interest and all the payments for a qualified
guarantee paid and to be paid with respect to the bond, produces an amount equal to the issue
price of the bond. For purposes of this Letter Agreement, the Yield on VPSA's Bonds is
The Yield on investments must be computed by the use of the same frequency
interval of compounding interest as is used in computing the Yield on the VPSA's Bonds and
the Local School Bonds.
93002.3 C-lO
F. Amendments
In order to comply with the covenants by VPSA and each of the Local Units regarding
compliance with the requirements of the Code and the exclusion from federal income taxation
of the interest paid and to be paid on the Local School Bonds and VPSA's Bonds, the procedures
described in this Letter Agreement may be modified as necessary, based on the advice of
counsel, to comply with rulings, regulations, legislation or judicial decisions as may be
applicable to such bonds.
Very truly yours,
VIRGINIA PUBLIC SCHOOL AUTHORITY
By:.
Name:
Title:
Richard A. Davis
Assistant Secretary and
Assistant Treasurer
Accepted: Mentor Investment Advisors, LLC
By:
Name: A1 Samper
Title: Senior Vice President
93002.3 C-11
Exhibit D
AUTHORIZED REPRESENTATIVES
The following are the Authorized Representatives of Virginia Public School Authority,
Cemral Fidelity National Bank and Mentor Investment Advisors, LLC
Name
Richard A. Davis
Gary Ometer
VIRGINIA PUBLIC SCHOOL AUTHORITY:
Title
Assistant Secretary
and Assistam Treasurer
Assistant Secretary
and Assistam Treasurer
Specimen Signature
Name
Anthony J. Conte
CENTRAL FIDELITY NATIONAL BANK:
Title
Vice Presidem
Specimen Signature
Name
A1 Samper
MENTOR INVESTMENT ADVISORS, LLC:
Title
Senior Vice Presidem
Specimen Signature
93002.3 D-1
NOTICE OF PUBLIC HEARING
ON PROPOSED BOND FINANCING
BY THE CITY OF ROANOKE, VIRGINIA
Notice is hereby given that the Council of the City of Roanoke, Virginia ("the Council") will hold a
public hearing, which may be continued or adjourned, as required under applicable law, at 2:00 p.m.
on October 6, 1997, at the Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, in
connection with the intention of the Council to consider for passage a resolution approving the
issuance by the City of its general obligation bond or bonds in an amount not to exceed
$5,000,000.00 ("the Bonds") for the purpose of financing in part the costs of improvements and
additions to Woodrow Wilson Middle School in the City of Roanoke. Any citizen interested in the
issuance of the Bonds may appear and be heard.
Given under my hand this 17th day of September, 1997.
Mary F. Parker
City Clerk
Roanoke, Virginia
9/22/97
9/29/97
H:~S~HOOL S~BOND~L]BHR.NOT
Publish in the Roanoke Times., once on Monday,
September 29, 1997.
Send publisher's affidavit to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011-1536
September 22, 1997, and once on Monday,
Send bill to:
Richard L. Kelley, Assistant Superintendent
of Operations
Roanoke City Schools
P.O. Box 13145
Roanoke, VA 24031
H 5SCHOOLSXBON D~PBHRN OT.IN S
CITY OF ROANOKE
RECEIVED
CITY CLERKS OFFICE
Interdepartmental Communication '97 ~P 17 Al l :20
DATE:
September 17, 1997
TO:
Mary F. Parker, City Clerk
FROM:
William X Parsons, Assistant City Attorney
SUBJECT: VPSA Bonds
In accordance with Mr. Dibling's letter to City Council of September 10, 1997,
Council will hold a Public Hearing on October 6, 1997, regarding issuance of VPSA bonds. Enclosed
is the Notice of Public Hearing which should be published on September 22 and September 29, 1997.
I have approved the form of this notice.
Thank you for your attention to this matter. Please contact me if you have any
questions about this memorandum.
WXP~sc
Attachment
CC:
Cindy Ramsuer, Clerk of School Board
Richard L. Kelley, Assistant Superintendent of Operations
WILBURN C. DIBLING, .JR.
CITY ATI~ORN EY
#
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-243 l
FACSIMILE: 540-853-1221
E-MAlL:cityatty @ci.roanoke.va.us
RECEIVED
SEP 2 1997
MAYO .... ~,~-,-
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY A~I'ORNEYS
Re;
September 10, 1997
The Honorable Mayor and Members .-) · .... '-'-
of City Council ":.. '-. :
Roanoke, VA
1997 VPSA Interest Rate Subsidy Bond Issuance - Renovations at Woodrow Wilson
Middle School
Dear Mayor Bowers and Council Members:
On December 16, 1996, City Council authorized the submission of an application for a loan
from lite Commonwealth of V~ngma's Literary Fund in the amount of $5,000,000.00 for renovations
at Woodrow Wilson Middle School. The application has been approved by the Commonwealth, and
the project has been placed on the waiting list for funding. Whether there will be sufficient money
to fund the project is not known at this time.
The Virginia Public School Authority (VPSA) is offering a 1997 Interest Rate Subsidy
Program to provide capital funds to finance local projects that are on the literary fund loan waiting
list. At its September 9, 1997 meeting, the School Board approved application for VPSA financing
of $5,000,000.00 of the cost of the Woodrow Wilson renovation project. The effective interest rate
on the bonds is the same as the literary fund loan (4%) since the Commonwealth subsidizes the rate
in excess of 4%. Bond proceeds would be received by December 1997, rather than waiting for loan
proceeds which may not be available until next summer at the earliest.
At your September 22, 1997 meeting, City Council will be requested to approve application
for the VPSA financing. In order to meet the time schedule established by the Commonwealth, City
Council will need to authorize issuance of the bonds during the week of October 6. This
authorization must be preceded by a public hearing which must be advertised once a week for two
weeks, with the second advertisement being no later than six days before the public heating.
To conform to the Commonwealth's requirements, I suggest that City Council hold the
required public heating at your October 6, 1997 meeting. I also recommend that the public heating
be
advertised
on
September
22
and
September
The Honorable Mayor and Members
Roanoke City Council
September 10, 1997
Page 2
Should any member of Council have any questions about this matter, I will be pleased to
respond to such questions. If any member should have any objections to this proposed course of
action, please contact me by Monday, September 15. Otherwise, we will proceed to cause public
notice to be placed on September 22 and 29.
With kindest personal regards, I am
Sincerely~y~.JJ /
Wilbum C. D~ling, Jr.
City Attomey
WCD/lsc
cc: Marsha Ellison, Chair, Roanoke City School Board
W. Robert Herbert, City Manager
Dr. E. Wayne Hams, Superintendent
Mary F. Parker, City Clerk
ROANOKE CITY COUNCIL ............... CAPITAL IMPROVEMENT
PROGRAM WORKSHOP
June 13, 1997
8:30 a.m.
The Council of the City of Roanoke held a Capital Improvements Program
Workshop on Friday, June 13,1997, in the Emergency Operations Center Conference
Room, Room 159, Municipal South, 215 Church Avenue, S. W., Roanoke, Virginia,
with Mayor David A. Bowers presiding.
PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt (arrived at 9:20 a.m.) and
Mayor David A. Bowers ........................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
OTHERS PRESENT: William F. Clark, Director, Public Works; Kit B. Kiser,
Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development;
George C. Snead, Jr., Director, Public Safety; Diane S. Akers, Budget Administrator;
and Willard N. Claytor, Director, Real Estate Valuation.
Inasmuch as the Mayor announced that he would have to leave the meeting
to honor a previous commitment, Mr. Harris moved that Council Member White serve
as Chairman Pro Tem. The motion was seconded by Mr. Parrott and adopted.
CAPITAL IMPROVEMENTS PROGRAM: The City Manager advised that for
several years, City staff has worked to increase the City's bonding capacity beyond
$20 million and up to the $30 million range which has now been accomplished
through savings at the City Nursing Home and Solid Waste automation. He stated
that even though this bond sale may be the largest in the history of the City, if
approved bythe voters, there is a 5 - 1 demand on the funds and the City will be able
to meet approximately 20 per cent of those projects which have been proposed.
The Director of Finance reviewed the City's Financial Capacity for Funding
New Projects, as follows:
Reduction in Existing Debt Service
$20,000,000.00
Savings from Change in Operations:
Sale of Nursing Home
5,000,000.00
Solid Waste Management Automation:
Staffing/Operations
7,000,000.00
Equipment
5,350,000.00
Interest Earnings
1,800,000.00
Proceeds from 1996 Jail Bonds
2,000,000.00
Total
$41,150,000.00
At 8:45 a.m., the Mayor relinquished the Chair to the Chairman Pro Tem.
Chairman Pro Tem White noted nothing was included in the CIP documents
to indicate that any project in the bond issue will be the direct result of an increase
in the City's tax base. He stated that it should be known that the tax base is flat and
proposed projects will be funded from either reduction in debt, or re-engineering of
certain City services, or other reductions. The Director of Finance responded that
no tax rate increases are proposed to fund the additional debt service and no part
of the year end balance will be used to fund the increase in debt service. He added
that undesignated funds are used for one time purchases so as not to create
problems in operating budgets for subsequent years.
The Director of Finance reviewed the following financial assumptions:
Total debt outstanding, including the proposed issuance included in
the Capital Improvement Program, shall not exceed the City of Roanoke
Charter Legal Debt Margin of ten per cent of the assessed valuation of
real estate within the City limits.
Continuation of a minimum five per cent annual growth rate in General
Fund local tax revenues; growth in local tax revenues over the past five
fiscal years has fluctuated between 3.42 per cent and 6.20 per cent,
averaging 4.54 per cent; and should the growth rate fall below five per
cent, adjustments may have to be made in other areas of the General
Fund budget to allow for continued funding of debt service.
Maintenance of current local tax structure, i.e., no reduction in local tax
rates until local tax revenue growth exceeds the five per cent minimum.
No reduction in General Fund funding levels for the following
expenditure categories to fund debt service requirements of new
bonded debt:
Annual paving contract
Fixed asset maintenance
Fleet replacement
Interest earnings on bond proceeds will not be appropriated for
projects other than those included in the ClP until the estimate has
been realized to fund those projects included in the CIP.
The maturity of any debt will not exceed the expected useful life of the
project for which the debt is issued.
Payment of debt service on new bonded debt related to the funding of
this recommended Capital Improvement Program will be an obligation
of the General Fund.
Payment of debt service on new Literary loan debt or Virginia Public
School Authority (VPSA) bonds related to the funding of School
projects in this recommended CIP will be an obligation of the School
Fund.
Chairman Pro Tern White requested that the City Manager inquire about
actions taken by the Roanoke City School Board to reduce debt service.
At 9:05 a.m., the Mayor returned to the meeting and took the Chair.
Ms. Akers reviewed Citizen Involvement in the CIP Process as more fully
explained on pages 4 and 5 of the handout document.
The City Attorney reviewed the time schedule for a November 1997 bond
referendum. He advised that assuming a November 4, 1997 election day, State law
requires that the Circuit Court enter an order 60 days before the date of the election
which would be September 5, 1997. He stated that the City must submit its petition
for a court order approximately ten days prior to the Court's entry of the order which
would be August 26. He added that Council is required to hold a public hearing
before adopting an ordinance authorizing a bond issue and the last opportunity to
hold the public hearing will be August 18, and the public hearing must be advertised
once a week for two consecutive weeks. He advised that July 25 is the date by
which Council would have to agree on the amount of the bond issue and the amount
to be allocated to each of the broad categories established by the City Charter. He
explained that any bond referendum requires approval of the United States
Department of Justice under the Voting Rights Act, and if the Circuit Court enters its
order on September 1, he would submit a request to the Department of Justice on
that date, the Department of Justice has 60 days under the expedited consideration
process to react, and it would be hoped that the Department of Justice would
respond prior to November 4.
At 9:20 a.m., Council Member Wyatt entered the meeting.
Mr. Clark reviewed the status of the Current Capital Improvement Program,
pages 8 - 14, of the handout document.
There was discussion with regard to increased costs at the Sewage Treatment
Plant; whereupon, Mr. Clark pointed out that the City has always funded
improvements in its water and sewer systems out of revenues from the two systems.
The Director of Finance advised that Sewage Treatment Plant cost overruns should
be dealt with outside the Capital Improvement Program.
Mr. Clark reviewed pages 15 - 24, Capital Improvement Program - New Project
Requests, totalling $196,012,952.00. He also reviewed a list of Proposed 1997 Bond
Referendum Projects (Tentative), as set forth on pages 25-30 of the handout
document.
There was discussion with regard to The Jefferson Center in which the
question was raised as to why the project continues to be recommended for funding
by the City, especially in view of other outstanding needs such as curb, gutter,
streets, and sewer projects, etc.
The City Manager explained that when Council appointed the Jefferson Center
Foundation Board of Directors to work on behalf of the City to help make the project
a reality, two phases were proposed: Phase one was the core building for which The
Jefferson Center raised $2 million and the City provided $3.5 million, for a total of
$5.5 million. He stated that Council made it clear that it would like to see the project
completed and it was known that the project had to be divided into pieces because
the citizen group appointed for fundraising purposes was of the opinion that it could
raise $4 - 5 million over a period of time. He added that funds which were
appropriated for Fitzpatrick Hall fully funded construction of the project; and the
final piece of the project, or Phase II, is the interior auditorium work in the range of
$4 - 5 million. He stated that The Jefferson Center has requested that the City
provide $2 million, with the remainder of the funds to be provided by The Jefferson
Center.
In the scheme of necessary City capital projects, the question was raised if
The Jefferson Center is a high enough priority to take $2 million out of the City's
limited resources. Some Members of Council were of the opinion that the City
Manager should give further review to additional funding for The Jefferson Center
and provide Council with funding alternatives.
There was discussion with regard to inclusion of the Higher Education Center
in the Capital Improvement Program, in which it was pointed out that if the City does
not include funds in its CIP, it will be difficult to obtain support at the State level.
The City Manager advised that no funding is proposed in the Capital
Improvement Program, because no formal commitment has been made by Council
and once the City makes that commitment, the project will become a budgetary item.
He stated that the Higher Education Center is a complicated project, there are no
firm answers at the present time, and he would not recommend a project to Council
unless it is considered to be a project that can be successfully completed.
There was discussion with regard to the need for improvements to the present
Animal Control facilities (see page 130 - CIP notebook); whereupon, the matter was
referred to the City Manager for further consideration.
There was also discussion with regard to the new Police Building in which it
was pointed out by some Members of Council that more information should be
provided, inasmuch as $3.9 million is recommended for funding without reviewing
other alternatives.
Mr. Clark pointed out that the consultant has stated that long range space
needs for the City total $23 million and staff is attempting to make interim
improvements to relieve the overcrowding in the Police Department for a period of
five to ten years, while not suggesting that this is the permanent solution for all of
the City's office space needs.
Mr. White left the meeting at 11:25 a.m.
Inasmuch as additional time was needed to discuss the proposed CIP, the City
Manager advised that Council had previously agreed to hold another workshop on
Thursday, June 26.
The Director of Finance advised that the City has the revenue capacity to issue
approximately $37.5 million of bonds.
Following discussion, it was the consensus of Council to recommend a $37.5
million bond issue, that the question be placed before the qualified voters of the City
of Roanoke at an election to be held on Tuesday, November 4, 1997, and that
discussions regarding the content of the proposed Capital Improvement Program
will continue at a second workshop to be held on Thursday, June 26, 1997, at 8:30
a.m., in the Emergency Operations Center Conference Room.
There being no further business, the Mayor declared the meeting/workshop
adjourned at 11:35 a.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
82
ROANOKE CITY COUNCIL ....... CAPITAL IMPROVEMENT
PROGRAM WORKSHOP
June 26,1997
8:30 a.m.
The Council of the City of Roanoke held a second Capital Improvement
Program Workshop on Thursday, June 26, 1997, at 8:30 a.m., in the Emergency
Operations Center Conference Room, Room 159, Municipal Building South, 215
Church Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers presiding.
PRESENT: Council Members C. Nelson Harris, John H. Parrott,
Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor
David A. Bowers ............................................................................................ 7.
ABSENT: None ................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
OTHERS PRESENT: Willard N. Claytor, Director, Real Estate Valuation;
William F. Clark, Director, Public Works; Kit B. Kiser, Director, Utilities and
Operations; Glenn D. Radcliffe, Director, Human Development; George C. Snead, Jr.,
Director, Public Safety; Jesse A. Hall, Deputy Director of Finance; Diane S. Akers,
Budget Administrator; and John M. Stroud, President, Roanoke Regional Chamber
of Commerce.
CAPITAL IMPROVEMENTS PROGRAM: Council, at a workshop which was held
on Friday, June 13, 1997, having continued discussions of the proposed Capital
Improvement Program, the matter was again before the body.
Mr. Clark reviewed a document entitled, "Proposed Capital Improvements
Program - New Projects", as follows:
PROJECT CATEGORY/TITI,~
CAPITAL FUND:
A.
Bo
Co
Do
Bridges
1 Bridge Renovation Program
Total - Bridges - New Project Requests
Buildings
1 Juvenile Detention Home
2 Jefferson Center - Phase II - The Performance Hall Renovation
3 Gainsboro Library Branch Improvements
4 Long Range Facilities Improvements (Option II - Police Building)
5 Communications Systems Upgrade
6 Civic Center - Capital Maintenance
Total - Buildings - New Project Requests
Economic Development
1 Roanoke Centre for Industry & Technology (RCIT)
2 Franklin Road Parcel
Total - Economic Development - New Project Requests
Parks
1
2
3
Neighborhood Park Improvements
Regional/Community Park Improvements (Mill Mountain)
Mill Mountain Greenway
4 Franklin Road Gateway
Total - Parks - New Project Requests
Proposed
C.I.P.
Cost
Designated
Fundine
$ 2,$oo,ooo $ $
$ 2,800,000 $ 0 $
4,536,000
4,000,000
150,000
3,940,000
1,250,000
750,000
$ 3,000,000 $
$ 14,626,000 $ 3,000,000 $
4,000,000
150,000
$ $
$ 4,150,000 $ 0 $
4,000,000
500,000
683,365
150,000
$ $
$ 5,333,365 $ 0 $
Additional
Funding
Required
2,800,000
2,800,000
1,536,000
4,000,000
150,000
3,940,000
1,250,000
750,000
11,626,000
4,000,000
150,000
4,150,000
4,000,000
500,000
683,365
150,000
5,333,365
Source(s) for Additional F~3ndin_o Required
General Obligation Bonds (GOB)
$686,000 GOB Issue, $750,000 State Funding, and $100,000 CMER
$1,600,000 GOB Issue, $400,000 interest & $2,000,000 matching fu
$75,000 GOB Issue and $75,000 Existing Funds
$3,840,000 GOB Issue and $100,000 CMERP
General Obligation Bonds
General Obligation Bonds
$2,600,000 GOB Issue and $1,400,000 Interest Earnings
General Obligation Bonds
General Obligation Bonds
General Obligation Bonds
$250,000 GOB Issue, $240,000 ISTEA Grant,
$100,000 Third Party, and $93,683 Existing Funds
General Obligation Bonds
Eo
Public Schools
1 Public School Projects
Total - Schools - New Project Requests
Storm Drains
1 Neighborhood Storm Drain Program
Total - Storm Drains - New Project Requests
Go
Streets and Sidewalks
1 Curb, Gutter and Sidewalk Program
- Neighborhood ($2,000,000)
- Outlook Roanoke Recommendations
- Church Avenue ($90,000)
- William.non Road ($480,000)
- Williamson Road Corridor Study - (Recommendations $575,000)
2 Emergency Vehicle Traffic Signal Preemption Program
3 Traffic Signals - Installation of New Signals
4 VDOT Highway Projects
5 1-581 Valley View Interchange
Total - Streets and Sidewalks - New Project Requests
GRAND TOTAL - CAPITAL FUND - NEW CIP REQUESTS
FUNDING SOURCES:
General Obligation Bond Issue
1996 General Obligation Bond Proceeds
Third Party Funding
Federal/State Funding
Interest Earnings
Existing Project Accounts
Capital Maintenance Equipment Replacement Program
Total
$ 13,623,000
$ 13,623,000
$ 2,600,000
$ 2,600,000
$ 3,145,000
$ 200,000
700,000
28,333,802
7,000,000
$ 39,378,802
$ 82,511,167
$ 39,029,000
2,000,000
2,100,000
28,591,040
1,800,000
8,497,762
493,365
$ 82,511,167
5,000,000
5,000,000
8,000,000
$ 13,623,000
$ 13,623,000
$ 2,600,000
$ 2,600,000
$ 3,145,000
200,000
700,000
28,333,802
2,000,000
$ 34,378,802
$ 74,511,167
General Obligation Bonds
General Obligation Bonds
General Obligation Bonds
Capital Maintenance Equipment Replacement (CMERP)
General Obligation Bonds
$410,000 GOB Issue, $27,601,040 State, $322,762 Existing Funds
1996 General Obligation Bond Proceeds
The Mayor called attention to previous questions regarding the Higher
Education Center, and advised that he would continue to discuss the matter with the
City Manager to be followed by further discussions with Council at a later date.
With regard to questions pertaining to the condition of Victory Stadium, the
City Manager advised existing conditions cannot go unaddressed, however, there
has been no community consensus building regarding what should be done. He
alluded to the appointment by Council of a community task force to receive citizen
input, and advised that if there appears to be sufficient support over a period time,
Victory Stadium could be addressed during 1998-99 budget study.
The Mayor referred to deplorable conditions at the Animal Control facility;
whereupon, following discussion, and without objection by Council, he requested
that the matter be referred to the City Manager for report to Council within 90 days.
Mr. Swain expressed concern with regard to existing conditions in the area of
Forest Park Boulevard where, at times, raw sewage flows down the street, across
Melrose Avenue, onto school properbj, and inquired as to when corrective action will
be taken. He expressed further concern that $1.8 million is proposed to be included
in the Capital Improvement Program for The Jefferson Center when there are
communities in Roanoke such as Forest Park Boulevard and Chesterton Street that
are experiencing severe problems.
In response to Mr. Swain's concern, the City Manager presented a briefing on
expansion of the Sewage Treatment Plant and transmission lines, which are to be
expanded from a capacity of 45 to 62 million gallons per day to allow for future
growth. He explained that transmission lines leading to Salem, Vinton, Botetourt
County, and Roanoke County will be enlarged to carry more capacity, and as
Sewage Treatment Plant capacity is increased and the main transmission lines are
constructed, the pipes will be enlarged in the residential areas leading to the main
transmission lines, thus enabling the transmission lines to carry more capacity.
The City Manager explained that to his knowledge, the City has never used
General Fund dollars for water and/or sewer projects.
The City Manager advised that with the exception of Round Hill and Huff Lane
school improvements, he has not been advised by school officials as to how
remaining school bond funds will be allocated to specific school projects.
The Director of Finance advised that the total proposed bond issue would be
$39,029,000.00, and Recommended Amounts by Category are as follows:
85
Catepory
Amount
Bridges
Buildings
Economic Development
Parks
Schools
Storm Drains
Streets and Sidewalks
$ 2,800,000.00
8,201,000.00
2,750,000.00
4,800,000.00
13,623,000.00
2,600,000.00
4,255.000.00
Total $39,029,000.00
The Director of Finance reviewed the following Funding Sources for Debt
Service of Bond Issue:
Reduction in Existing Debt Service
Savings for Changes in Operations:
Nursing Home
Solid Waste Management Automation
($7,000,000.00 plus $5,350,000.00)
Subtotal
$20,000,000.00
5,000,000.00
12,350.000.00
$37,350,000.00
Curb, Gutter and Sidewalk Funding from Operating Budget
Funds included in fiscal year 1998 budget
($100,000.00) (10 to 1 ratio for bonds) $ 1,000,000.00
Funding to be added in fiscal year 1999 budget
($67,900.00) 679,000.00
Total $39,029,000.00
The City Manager reviewed the following Proposed Bond Issue Projects by
Category, totalling $39,029,000.00:
Cate~_ory
Amount
Bridges
Buildings
Juvenile Detention Home
The Jefferson Center
Gainsboro Library
Long-Range Facility Study -- Option 2 -- Police Building
Communications System
Civic Center
$2,800,000.00
$8,201,000.00
87
Economic Development
Roanoke Centre for Industry and Technology
Franklin Road Parcel
Parks
Neighborhood Park Improvements
Regional Park Improvements -- Mill Mountain
Mill Mountain Greenway
Franklin Road Gateway
Schools
Storm Drains
Neighborhood Storm Drain Program
Streets and Sidewalks
Curb, Gutter and Sidewalk Program
-- Neighborhood
-- Outlook Roanoke Recommendations
-- Church Avenue Improvements
--Williamson Road Improvements
-- Williamson Road Corridor Study Recommendations
Traffic Signals - New
Virginia Department of Transportation - Local Share
$2,750,000.00
$4,800,000.00
$13,623,000.00
$2,600,000.00
$4,255,000.00
Total for All Categories
$39,029.000.00
Interest Earnings dedicated to RCIT and
Jefferson Center
$1,800,000.00
Proceeds from 1996 Jail Bonds redirected to
1-581 Interchange
$2,000,000.00
Mr. Trout moved that Council recommend the abovedescribed proposed
Capital Improvement Program to the citizens of the City of Roanoke at a public
hearing to be held on Monday, July 21, 1997, at 7:00 p.m., in the City Council
Chamber, and that the City Manager, City Attorney, and City Clerk be instructed to
prepare the appropriate documents. The motion was seconded by Mr. Swain and
adopted by the following vote:
88
AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and
Mayor Bowers .............................................................................................. 7.
NAYS: None ........................................................................................ O.
The Mayor encouraged the Members of Council to become actively involved
in promoting the proposed Capital Improvement Program.
There being no further business, the Mayor declared the meeting/workshop
adjourned at 10:00 a.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
Davl'd A~ Bowers
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2431
FAX: (540) 853-1145
October 6, 1997
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
David A. Bowers
Mayor
DAB:se
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
TeLephone: (540) 853-2541
Fax: (540) 853-1145
October 8, 1997
File #15-110-450
SANDRA H. EAKIN
Deputy City Clerk
The Honorable James O. Trout, Chair
Economic Development Commission
2102 Stephenson Avenue, S. W., Unit 18
Roanoke, Virginia 24014
Dear Mr. Trout:
This is to advise you that on October 6, 1997, John P. Baker qualified as a member of
the Economic Development Commission for a term ending June 30, 2000.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
pc:
Phillip F. Sparks, Secretary, Economic Development Commission
Sandra H. Eakin, Deputy City Clerk
RECEIVED
CITY CLERKS OFFICE
'97 0C7-i P350
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, John P. Baker, do solemnly swear (or affirm) that I will support the Constitution
of the United States and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a
member of the Economic Development Commission for a term ending June 30, 2000,
according to the best of my ability. So help me God.
Subscribed and sworn to before me this / day of ~(~
1997.
ARTHUR B. CRUSH, III, CLERK
H:~AGENDA,gT~SEPT. 2
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 8, 1997
File #15-110-178
SANDRA H. EAKIN
Deputy City Clerk
G. David Nixon, Chair
Fair Housing Board
920 Welton Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Nixon:
This is to advise you that on October 6, 1997, Bruce L. Robinson qualified as a
member of the Fair Housing Board for a term ending March 31, 2000.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
pc:
Delores D. Daniels, Secretary, Fair Housing Board
Sandra H. Eakin, Deputy City Clerk
RECEIVED
CITY CLERKS OFFICE
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Bruce L. Robinson, do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Fair Housing Board for a term ending March 31, 2000,
according to the best of my ability. So help me God.
this~'-~ day
//_~
Subscribed and sworn to before me o~
1997.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
H:~AGENDA,97%JULY.21
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 6, 1997
File #15-110-247-258
SANDRA H. EAKIN
Deputy City Clark
Minnis E. Ridenhour, Chair
Hotel Roanoke Conference Center Commission
Virginia Polytechnic Institute and State University
210 Burress Hall
Blacksburg, Virginia 24061
Dear Mr. Ridenhour:
This is to advise you that on October 6, 1997 the following persons qualified as
Commissioners of the Hotel Roanoke Conference Center Commission:
Raymond D. Smoot, Jr., and Minnis E. Ridenhour for terms ending February
24, 2001, and
Dixon V. Hanna for a term ending September 18, 2001.
Sincerely,
Mary F. Parker,
City Clerk
MFP:gd
pc:
Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center
Commission, Virginia Polytechnic Institute and State University, 312 Burress Hall,
Blacksburg, Virginia 24061
Donna H. Hurd, Assistant Secretary, Hotel Roanoke Conference Center
Commission
Sandra H. Eakin, Deputy City Clerk
'gl SE722 74:11
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
l, Raymond D. Smoot, Jr., do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a Commissioner of the Hotel Roanoke Conference Center Commission for a
term ending February 24, 2001, according to the best of my ability. So help me God.
Raymond D. Smoot, Jr.
Subscribed and sworn to before me this /~?/~ day of ~~ 19' ?7
/
ARTHUR B. CRUSH, III, CLERK
OFFICE
'97 S£P 22 P4:11
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Minni$ E. Ridenour, do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a Commissioner of the Hotel Roanoke Conference Center Commission for a
term ending February 24, 2001, according to the best of my ability. So help me God.
rr
"tl(4innis E. Ridenou~z-
Subscribed and sworn e me this //'~ day of -
ARTHUR B. CRUSH, III, CLERK
erkDeputy CI
(;IT¥ CL
· ~ SEP22
74:11
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Dixon B. Hanna, do solemnly swear (or affirm) that I will support the Constitution
of the United States and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a
Commissioner of the Hotel Roanoke Conference Center Commission for a term
ending September 18, 2001, according to the best of my ability. So help me God.
Dixon B. Hanna
Subscribed and sworn to before me this /,~ day of ~~.~, 19 ~ ~.
ARTHUR B. CRUSH, III, CLERK
, Dep~~ Clerk
Hotel Roanoke Conference Center Commission
blinnis [~. ~idenour. Chairman
John ti. Parrott, Vice Chairman
~ymon~ D. ~m~t, Jr., ~ecretary
James D. ~ris~, Treasurer
~. Ro~rt tler~rt
Hardd A. Kurstdt, Jr.
DeMrah J. Mo~s, Dir~or
September 2, 1997
To: Mrs. Mary Parker, City Clerk
From: HDoetl0e~ ricoh aJr~ o~: S~oS,n ~i/;nCtcOer ~~
t-ri
Ref:
Appointment of a new Commissioner to the
Hotel Roanoke Conference Center Commission
from Virginia Tech
Please find attached a copy of the notice of appointment and the official resolution
approved by the Virginia Tech Board of Visitors on August 25, 1997 naming Dr. Dixon
Hannah as a Virginia Tech Commissioner to the Hotel Roanoke Conference Center
Commission.
I have notified Dr. Hannah to make himself available as soon as it is convenient to be
sworn in by your office. I will co-ordinate this with your staff. Thank you for your help
and consideration.
c: Dr. Dixon Hannah, Vice-Provost for Outreach, Virginia Tech Mr. Paul Beers, Glenn, Darby, Feldmann and Goodlatte
Mrs. Donna Hurd, Assistant Secretary, Hotel Roanoke Conference
Center Commission
215 Church Avenue, S.W., Room 364, Roanoke, Virginia 24011
(540) 853-1170- Telephone
(540) 853-1138- Facsimile
VIRGIl',ILs, POLYTECHNIC INSTITUTE
AND STATE UNIVERSITY
Office of the Executive Vice President
210 Burruss Hall, Biacksburg. Virginia 24061-0148
(540) 231-6235 Fax: (.540) 231.426~
MEMORANDUM
To: Deborah J. Moses, Director
Hotel Roanoke Conferer~e Center Commission
DATE: August 29, 1997 - '/
SUBJECT: Commission App~/~/~tment
I am pleased to inform you tl~at the Virginia Tech Board of Visitors appointed
Dixon Hanna, Interim Vice Pro~/ost for Outreach, as a Commissioner to the Hotel
Roanoke Conference Center Commission at their August 25, 1997 meeting. He
will replace Harold Kurstedt who has returned to teaching and research.
As you know, Dixon has been involved with the Commission and continuing
education activities of the university for several years. He will be a positive
addition to our team. If you would please arrange to have Dixon sworn in and
take care of any other administrative procedures, I would appreciate it.
Thank you for the leadership you have provided to the Commission; I look
forward to continuing to our work this year. Please let me know if you need
additional information.
attachment
CC:
Dixon B. Hanna
Raymond D. Smoot, Jr.
A Land-Grant Univer$ity~ The Commonwealth Is Our Campus
An Equal Opportunity/Affirmative Action lnst#utton
RESOLUTION TO CHANGE UNNERSITY APPOINTMENTS
TO THE HOTEL ROANOKE CONFERENCE CENTER COMMISSION
WHEREAS, the Virginia General Assembly approved legislation known as the
"Hotel Roanoke Conference Center Commission Act", to prOvide for the
establishment of a conference center commission; and,
WHEREAS, the Act provides for the appointment of three commissioners each
from the City of Roanoke and from Virginia Polytechnic Institute and State
University; one commissioner each for a four-year term: a three-year term, and
a two-year term; and, that upon the expiration of these terms, each
commissioner shall be appointed for a four-year term or until a successor is
appointed; and,
WHEREAS, pursuant to the Act, Virginia Polytechnic Institute and State
University appointed the Executive Vice President, the Vice PreSident for
Finance and Treasurer, and the Chief Continuing Education Officer as
commissioners; and,
WHEREAS, in view of recent organizational changes, the commission
appointment held by the Chief Continuing Education Officer should be replaced
by the Vice Provost for Outreach;
NOW THEREFORE, BE IT RESOLVED, that the three Virginia Polytechnic Institute
and State University commissioners are, and shall be, the Executive Vice
President, the Vice President of Finance and Treasurer, and the Vice Provost
for Outreach; and, the terms of appointment established by the Board of
Visitors' resolution approved at the November 18, 199.1 meeting shall remain
the same. The effect of this resolution is to reflect changes in the
organizational structure of Virginia Polytechnic Institute and State University.
RECOMMENDATION:
That the above resolution to change university appointments to the Hotel
Roanoke Conference Center Commission be approved.
August 25, 1997
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File ~7-247-379-455-514
Sandra H. Eakin
Deputy City Clerk
VV. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
For your information, I am attaching copy of the remarks of Elizabeth Belcher, Roanoke
Valley Greenway Coordinator, and M. Rupert Cutler, Executive Director, Western Virginia
Land Trust, with regard to the Lick Run Greenway opportunity and a greenway trail from
Valley View Mall across 1-581 on the new overpass along Lick Run to The Hotel Roanoke,
which remarks were before the Council of the City of Roanoke at a regular meeting on
Monday, October 6, 1997.
MFP:gd
Attachment
pc:
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Elizabeth Belcher, Roanoke Valley Greenway Coordinator, Fifth Planning District
Commission, P. O. Box 2569, Roanoke, Virginia 24010
M. Rupert Cutler, Executive Director, Western Virginia Land Trust, P. O. Box
18102, Roanoke, Virginia 24014-0797
FROM : UULT PHONE NO. : 540 985 0000 OCT. 10 1997 10:lSAM P2
Grecnways for Roanoke
Slide Presentation to Roanoke Cily Council October 6, 1997
by Rupert Cutler, Executive Director
Western Virginia Land Trust
1 The Roanokers who made the pilgrimage to Chattanooga together three weeks
ago--2 includin~ Mayor Bowers, Councilman Harris, and City executive staff members
Bill Clark and Phil Sparks-saw a city that has gone from "dirtiest" to "most livable" in a
few years, a Its new aquarium is the centerpiece, but 4 its RiverPark and its greenways
are right up thero among the most important reasons why Chattanooga attracted 170 new
businesses in 1995 and 195 new businesses in 1996. We have similar assets to build on
and similar opportunities in Roanoke.
S The consUuction standards of the Chattanooga gre~y system range from
high, as here in the RiverPark, to 6 low in the more rural stretches of the 7 trail system
8. Us~r safety 9 is provided through police patrols and telephone call boxes. Crime on
the greenways is rare; f~-nces built to separate trail users from residential areas and schools
have been taken down because neighbors want easy access to the popular trails. In fact,
homes near greenways sell for 7 to 15 percent more than identical homes in the same
subdivi,sion without frontage on the trails. 10 One unique facet of Chattanoosa's
~rgcnway network is its reconstructed Walnut Street Bridge. (We could treat our own
First Street Bridge in this fashion.) This 100-year-old steel truss bridge is now the longest
pedestrian-only bridge in the world.., and it is very heavily used.
l I Note that its decking is made of wood. 12 And see this downtown riverside
foot trail decked with wood? That's what Roanoke' s proposud Railwalk should be made
with, uot concrete. Let's provide our visitors with a real "boardwalk" experieuc~.
0CT-10-1997 10:~8 540 c~5 0I~0 98~ P.02
FROM : HVLT PHONE NO. : 540 DS~ 0000 OCT. 10 1997 10:~gAM P~
1;3 We in the Roanoke Valley already have much to be proud of in terms of
greenways. We have the Blue Ridge Parkway, the 14 mother of ail motorized
greenways, and 15 the Appalachian Trail, the 16 mother of all nonmotorized
greenways. 17 ~ Mountain Park already is served by a seeme parkway, 18 overlooks,
and 19 a mountaintop trail, and soon will be connected to both downtown and the Blue
Ridge Parkway by the City's first oflieial greenway trail, now in the making. 20 Roanoke
County's new Garst ~ Park Crreenway along Mud Lick is a huge success-- 21 full of
walkers, ~mners, and bikers of all ages every pleasant evenin~ and weekend.
22 I'm here this afternoon to ask you to incorporate the economic and
recreational benefits ofgreenway for all our City's citizens by takin§ the necessary steps to
make a Lick Run Greerrway possible. As I've no~ed before, it could begin downtown
where the trail to Mill Mountain ends and run from tim new Railwalk past the Hotel
Roanoke, 23 through Washington Park, 24 along Lick Run, 25 past Lincoln Terrace
and Addison schools, 26 along Shadeland Avenue to 27 the Barrows office furni~
facility, th~n over 1-581 on thc pedestrian and bike lanc you with much foresight shall
provide and on to Valley View Mall.
28 Our kids need safe paces to ride their bikes. Our citizens need ways to get
around withoUt an automobile Our rivers and creeks are precious fish and wildlife habitat
that need protection by strips of public land along th~m To keep our floodways
undeveloped is to reduce future flood damage. 29 For all of these reasons we ask you to
vote to include a pedestrian lane on the new I-$81 ovcxpass.
Thank you.
00T-07-97 TUE 17:~2 RKK CO ENO?PLaNNING F~× NO, 7057722108 P. 02
Presentation
Today I would like to bring to your attention a greenway opportunity which the
Roanoke Valley Greenway Commission feels should not be missed. Thc Lick Run
greenway from the Hotel Roanoke along the Lick Run comdor has tremendous
potential to enoourag¢ economic development, provide for alternative modes of
transportation, mitigate stormwater runoff, enh,'mce environmental education,
connect neighborhoods, and protect wildlife habitat and ripahan areas within the
City. While the greenway would be a wonderful project in itself, the connection to
Valley View, across the interstate via a bicycle/pedestrian lane on the new overpass,
is a link that should not be lost. The connection would not only improve safety for
kids who are already crossing the road, but would also greatly increase the
greenways~potential s~4ge for bicycle transportation and for linking destination
points in the City.
The Grcenway Commission feels so strongly that Roanoke City should embrace
this project that it funded in August a corridor study to identify the resources of the
area and potential costs. At this time I would like to present Gene Wh/tesell of
Whitesell Omson who worked on the comdor study.
Gene --
In addition we have been in contact with many businesses, civic organizations,
and neighborhood ~oups. At this time I would like to present Jeanette Matins of
STRIVE and Washington Park Alliance.
Iwill leave copies of the Corridor Study with the
ase you have further questions. City Manager and Clelk' in
0CT-07-1997
P. 02
0CT-07-97 TUE 17:53 RKE CO ENG/PLRNNING FRX NO, 7037722~08 P, 03
Lick Run Greenway Proposal
Description of Lick Run_
Lick Run begins beyond Peters Creek Road, runs through Countryside Golf Course, near
William Fleming and Ruffner Schools, under FIershberger Road near the I~581 interchange, and
then through Fairland Lake and the Huffand Watts Farms. Lick Run crosses under 10th Street
near the Lancers gas station and parallels Shadeland Avenue. The creek then goes underground in
a pipe and reappears at the base of Washington Park. It is visible behind Roanoke Civic Center,
but then goes underground and reappears behind the Norfolk and Southern shops. Ultimately, the
creek drains imo Tinker Creek near Fallon Park.
Lick Run has been the source of serious flooding in Roanoke City. In the flood of 1985
the pipe und~ Washington Park proved inadequate, causing such severe flooding on Shadeland
Avenue that all houses were subsequently demolished. In less severe floods water may still back
up into Campbell Avenue because the creek, contained in pipes and concrete ditches, is unable to
carry the ~tormwater runoff. In addition, Lick Run contributes to flooding problems in southeast
Roanoke in the vicinity of Tinker and Glade Creeks. Since 1985 a stormwater detention pond has
been installed between Lick Run and 1-581 to reduce the impact ofrunofffi-om Valley View Mai1.
Lick Run drains a very large area and protection ofthe flood plain and retention of its water
absorbing capabilities is critical to preventing downstream flooding.
Dcscri0tion ofthe Greenway
The Roanolc¢ Valley Conceptual Greertway Plan lists Lick Run Grecnway as Route 21 and says:
Lick Run is a small stream that would provide an off-road corridor linking neighborhoods,
such as Fairland, with parks and schools, such as Washington Park and Lincoln Terrace
Elementary School. p.37
The Plan goes on to describe a connection from Valley View Mall to Lick Run:
This segment would offer the opportunity to link nearby neighborhoods with Lick Run by
way of Valley View Mall, thus encouraging pedestrian access and providing a means to
reduce motor vehicle traffic to the mail. p.42
Lick Run is also mentioned as a potential greenway in Roanoke Vision 2005, adopted in 1985.
Phase I of Lick Run Greenway would run fi'om ttotei Roanoke to Valley View Mall The
environmental, social, and economic benefits of this section could be significant. Development of'
the greenway will allow protection and enhancement of wildlife habitat and riparian areas, as well
as providing an area for school environmental education programs. The connection will allow
linkage ofneighborho(>ds, four schools, two parks, and the Valley View and City Market
commercial districts. The greenway will provide a long-needed connection from Hotel Roanoke
to the Civic Center, allowing Hotel customers to walk two blocks to conferences and activities.
Visitors staying at either the airport hotels or Hotel Roanoke will have the opportunity to run or
cycle to other city attractions after work. The proposed greenway will provide non-motorized
access to two of the City's major comrnercial districts, so that these facilities will be available to
OCT-OT-lg97 17:46 ?837722188 94% P.03
00T-07-97 TUE 17:53 RKE O0 ENG/PLaNNING FaX NO, 7037722108 P, 04
those withou! automobile transportation. In addition Lick Run Greenway, will, via the pedestrian
bridge, tie into Mill Mountain Greenway and the Linear Railway Walk.
The Outlook Plan prepared for Downtown,/nc. recognized outdoor recreation tourism as
an economic opportunity for Roanoke. Focus on outdoor recreation is a logical strategy for our
community since the Roanoke Valley is surrounded by 450,000 acres of National Parks, National
Forests, state parks, trails, and local 'parks such as Mill Mountain. Roanoke City has an
opportunity to embrace the natural resources surrounding it and provide connections from the
City to the many outdoor attractions in the area. Lick Run Greenway could be such an attraction
as well as providing connections between other outdoor focal points.
1) Pedestrian linkage of the Hotel Roanoke and Holiday Inn to the Civic Center
2) Pedestrian/bicycle linkage of' Valley View to the Market area and Mill Mountain
Greenway
3) Linkage of Lincoln Terrace and Addison schools to a riparian habitat with wildlife for
environmental education
4) Improvement of the Shadeland area and Washington Park
5) Flood protection along Lick Run
6) Alternative transportation route to Valley View
7) Recreation facility for the Gainsboro, Lincoln Terrace, 10th Street, Rugby/Melrose
neighborhoods
Expansion of' the City park system
Linkage among neighborhoods
Amenity for adjacent businesses such as Barrows, Hotel Roanoke
Potential bicycle/pedestrian access to the new higher education center
Economic development because of improved downtown connections and amenities
Minimal acquisition needs
8)
9)
13)
Organizations and Individuals Contaq~
Barrows
Fairland Civic Organization
ICSD
Lincoln Terrace 2000
Habitat for Humanity
Holiday Inn Express
Hotel Roanoke
Pathfinders for Greenways
Presidents' Council
Regional Chamber of Commerce
Transportation Committee
Rife and Wood, Architects for Addison
Renovation
Roanoke City Planning Commission
Roanoke Regional Homebuilders
Association
Roanoke Valley Convention and Visitors
Bureau
STRIVE
Urban Forestry Council
Valley Beautiful
Va. Department of Transportation
Western Virginia Land Trust
Washington Park Alliance
Williamson Road Action Forum
0CT-07-1997 17:47 7837722108 93Z P.t~
0CT-07-97 TUE ~7:54
RKE CO ENG/PLANNING
FnX NO,
7037722~08
P, 05
06T-07-1997 17:48
783?722188
ROANOKF: GREENWAY COMMISSION
'REC .. -
E~I'[Y CLER~ 0FF1CL
c/o Fifth Planning District Commission
C~~,~~ ~.p_3 .,:2' P.O. Box 2569, 313 Luck Avenue, SW
Roanoke, Virginia 24010
540-343-4417 (Phone) 540-343-4416 (Fax)
planfive@roanoke.in fi.net (E-mail)
September 2, 1997
Ms. Mary F. Parker
Roanoke City Clerk
215 Church Avenue, SW, Room 456
Roanoke, VA 24011-1536
Dear Ms. Parker:
I would like to request opportunity to be on the Roanoke City Council agenda on
Monday, October 6, 1997. The topic will be "The Lick Run Greenway Opportunity." Our
presentation will include the Lick Run design and cost study funded by the Greenway
Commission and support from organizations, citizens, and business involved with this project. I
anticipate that this presentation will require 10-15 minutes.
I thank you for your consideration and look forward to your direction in regards to the
agenda.
Sincerely,
Liz Belcher
Roanoke Valley Greenway Coordinator
cc: W. Robert Herbert, City Manager
RECEIVED
stern
Virginia
Land Trust
P. O. Box 18102
Roanoke, Virginia 24014-0797
Phone/Fax 540/985-0000
E-mail mrcutler@aol.com
EXECUTIVE DIRECTOR
Dr. M. Rupert Cutler
BOARD OF TRUSTEES
September 18, 1997
Mayor David A. Bowers
Room 452
Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Barbara B. Lemon
President
Dear David,
Mary Ann Johnson
Vice President
Murray K. Coulter, Jr.
Treasurer
Elizabeth H. Belcher
Charles A. Blankenship
E. Cabell Brand
Lynn M. Davis
Lucy R. Ellett
Sibyl N. Fishburn
David P. Hill
Robert G. Hoak
Robert H. Hunt
George A. Kegley
Robert B. Lambeth, Jr.
Stephen W. Lemon
Jack Loeb, Jr.
Leonard A. Muse
James R. Olin
Janet Scheid
Catherine B. Smeltzer
James M. Turner, Jr.
James L. Woltz
It was a pleasure to be with you on our recent Roanoke Valley
leadership trip to Chattanooga. Our time was well spent. To give you a
way to recapture what we saw, here are a set of 2x2 color slides showing
the aquarium and the Riverpark (including slides showing the waterfall in
the aquarium as you requested) and a package of 4x6 color prints depicting
our trip on the Lookout Mountain Incline Railway for your personal use.
I have asked to be~agenda of City Council at the 2:00 p.m.
session on Monday, Octo~[~ 6' Jplan to reiterate the support of the
Western Virginia Land T~City administration of a greenway trail
from Valley View Mall across 1-581 on the new overpass, along Lick Run,
to the Hotel Roanoke. Funds from the City's sale to the National Park
Service of the Appalachian Trail easement across Carvins Cove lands,
together with private sector contributions I and others will solicit, can be
used to develop this greenway.
If you think Council would enjoy it, I could show--and you could
help me narrate--the slides of Chattanooga's aquarium and greenways,
when I appear before Council on October 6. Please let me know
beforehand. You now have the only copy of these slides. (I've kept some
others, pnm~]~ily~ori~reenway. I could use selected slides from your and
my set~l~ s~~cil.)
'
~ ~ L Rupe~ Cutler
~~ecutive Director
A p"mte f~non pmmdl~ ~ l0
:rom: Russell B. Hawtdns Russ HaWk<ins MarKeting & Communications Fmc 5403436151 Voice: 5403436751 lo: Mary Clark ~1~ Roanoke g~' Page 1 ot ~ Monde, September Z~?. 1597 8:41:56 AM
To: Clerk of Courts o 6
RE: To appear before City Council Monday 10/~1E/.97
Subject: SidewaLks/Curbs- Repaix and Replacement.
RECEIYED ,
CITY CLERKS OFFICE
'97 SEP 22 A9:50
Please put me on today's agenda. I will need no longer than 5 minutes and would expect
5-10 minutes of response time from council members (Q&A).
Thank you.
Russell Hawkins
1818 Oxford Avenue, SW
Fax 343-6751 Phone 344-6304
P.O1
--_ SEP-22-1997 08:55 RUSSELL HA~KINS INC
Mary F. Parker, CMCIAAE
City Clerk
CI T Y OF R OA NOKE
Office of the City Clerk
October 8, 1997
File ~0-133-236-502
Sandra H. F. akin
Deputy city c~erk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33603-100697 authorizing acceptance of Grant No.
98-D8554VW97 made to the City of Roanoke by the Commonwealth of Virginia
Department of Criminal Justice Services for a Victim/Witness Assistance Program and
authorizing execution and filing by the City Manager of the conditions of the grant and
other documents, in the amount of $77,015.00. The abovereference measure was
adopted by the Council of the City of Roanoke at a r~egular meeting he~d on Monday,
October 6, 1997.
Sincerely,
Mary F. er, CMC/AAE
City Clerk
MFP:gd
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 1997.
No. 33603-100697.
A RESOLUTION authorizing the acceptance of Grant No. 98-D8554VW97 made to the
City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a
Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of
the conditions of the grant and other grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia
Department of Criminal Justice Services of Grant No. 98-D8554VW97 in the amount of $77,015 for
Fiscal Year 97-98 for a Victim/Witness Assistance Program.
2. The local cash match for Fiscal Year 97-98 shall be in the amount of $25,671.
3. The City Manager or the Assistant City Manager is hereby authorized to accept,
execute and file on behalf of the City any documents setting forth the conditions of Grant No. 98-
D8554VW97.
4. The City Manager or the Assistant City Manager is further directed to furnish such
additional information as may be required by the Department of Criminal Justice Services in
connection with the City's acceptance of the foregoing grant or with such project.
5. This Council concurs in the creation of an additional grant position for the
Victim/Witness Program as more particularly described in the report attached to the City Manager's
report dated October 6, 1997.
ATTEST:
City Clerk.
Mary F. Parker, CMCIAAE
c~y c~
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File ~0-133-236-502
Sandra H. Eakin
Deputy c~y c~
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33602-100697 amending and reordaining certain
sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of
$77,015.00, in connection with acceptance of and participation in the Department of
Criminal Justice Services grant for the Victim/Witness Assistance Program. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, October 6, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
W. Robert Herbert, City Manager
Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 1997.
No. 33602-100697.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriation
Judicial Administration
Victim Witness Assistance FY97-98 (1-3) .....................
$ 759,690
102,686
Revenue
Judicial Administration
Victim Witness Assistance FY97-98 (4-5) .....................
$ 759,690
102,686
1) Regular Employee
Wages (035-026-5121-1002) $ 93,823
2) Training &
Development (035-026-5121-2044) 1,776
3) Administrative
Supplies (035-026-5121-2030) 7,087
4) State Grant Receipts (035-035-1234-7264) 77,015
5) Local Match (035-035-1234-7265) 25,671
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in
effect from its passage.
ATTEST:
City Clerk.
RECEIVED
CITY CL
'97 OCT-1 P3:36
October 6, 1997
Council Report No. 97-609
Honorable Mayor and Member of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council
Subject: Acceptance of Victim Witness Assistance Program Grant
Requiring Local Cash Match
I concur in the request of the Commonwealth's Attorney for the acceptance of,
and participation in, the Department of Criminal Justice Services grant for the Victim/
Witness Program in the amount of $77,015, with the City providing a local cash match
of $25,671.
I recommend this request for City Council's approval.
Respectfully submitted,
W. Robert Herbert
City Manager
CC:
Wilburn C. Dibling, City Attorney
James D. Grisso, Director of Finance
Donald S. Caldwell, Commonwealth's Attorney
Barry L. Key, Manager, Office of Management & Budget
October 6, 1997
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of City Council:
Subject:
Acceptance of Victim Witness
Assistance Program Grant
I. Background
no
Victim/Witness Program is designed to recognize and
address the needs of victims and witnesses in the Roanoke
City Criminal Justice System and to continue the
commitment for citizen support.
o
Roanoke City Victim/Witness/Juror Assistance Committee
(RCVWJ) was formed in the fall of 1983, by Judges and
Clerks of Circuit Court, General District and Juvenile
Courts, Commonwealth,s Attorney, City Sheriff, Chief
Magistrate, Chief of Police, Director of Administration
and Public Safety, and Roanoke Bar Association.
Co
Victim/Witness Program was developed and utilized
volunteers in the court system to provide services to
support the needs of victims and witnesses.
Do
The RCVWJ committee submitted the program to the State
with a request for full payment funding. A start-up
grant (#85A6252) was issued on July 1, 1984, in the
amount of $16,202 for FY 84-85 subject to proportional
annual local funding to be approved each year.
Members of City Council
Subject: Acceptance of the Victim Witness
Assistance Program Grant
Page 2
Eo
City Council accepted the start-up grant in September,
1984, and hired a full-time program coordinator in
October, 1984. The program has been in continued
operation since then.
II. Current Situation
no
B o
Co
The Victim/Witness Assistance Program has been awarded a
twelve month $77,015 grant (#98-D8554VW97) for July 1997
through June 1998. A local cash match of $25,671 will be
provided for a total grant budget of $102,686. The local
cash match is level funded from FY 1996-1997.
The Victim/Witness Program continues to operate with a
full-time coordinator, as well as a full-time assistant
for Juvenile & Domestic Relations Court. Duties have
expanded and increasingly greater contact has been made
with persons in need of program services. In addition,
the Virginia Crime Victim and Witness Rights Act requires
the program to contact and provide services to an
increased number of victims and witnesses. A summary of
FY 93-94, 94-95, 95-96, 96-97 contacts documents the
services of the program (see Attachment A).
The grant award also includes funding for the recently
hired additional staff member to provide services to
victims and witnesses of misdemeanor offenses in the
General District Court and appeal cases and certain
felony offenses in the Circuit Court.
The Victim/Witness Program is coordinated by the Office
of the Commonwealth,s Attorney and this office's FY 97-98
budget as approved by City Council included a local cash
match grant fund of $25,671 (appropriated as outlined in
Attachment B).
Members of City Council
Subject: Acceptance of the Victim Witness
Assistance Program Grant
Page 3
III. Issues
B. Costs
IV. Alternatives
no
City Council accept the Victim/Witness Grant #98-
D8554VW97 for $77,015 with Roanoke City paying a total of
$25,671 as a local cash match for a total grant of
$102,686.
so
Present level of services and contacts would
be maintained for victims and witnesses in
General District Court.
bo
Present level of services and contacts would
be maintained for victims and witnesses in
Juvenile & Domestic Relations District Court.
C o
Additional contacts would be made to victims
and witness in the General District Court and
expanded services provided to victims and
witnesses in the Circuit Court.
2. Costs
a o
Cost to the City for Grant #98-D8554VW97 would
be $25,671 as a local cash match.
Members of City Council
Subject: Acceptance of the Victim Witness
Assistance Program Grant
Page 4
o
City Council not accept the Victim/Witness Grant #98-
D8554VW97 in the amount of $77,015.
q o
Service__s such as those below would be greatly
curtailed or not provided if the grant is not
accepted.
a o
bo
c o
do
e o
f o
go
Providing felony and certain misdemeanor
victims and witnesses with a letter and
educational brochure familiarizing them with
the court system, procedures and terminology,
and informing them of their rights under the
Virginia Crime Victim and Witness Rights' Act.
Notifying victims and witnesses of the status
of pending cases thereby decreasing the number
of unnecessary trips made to court and helping
the victims and witnesses feel informed and
part of the criminal justice system.
Providing police officers with case status
information and organizing their cases so that
they are heard consecutively, thus eliminating
unnecessary and costly overtime charges.
Assisting victims in securing court ordered
restitution payments.
Providing information on the Virginia Criminal
Injuries Compensation Fund and assisting
victims in completing the application process.
Assisting victims in completing forms in order
to be notified of a prisoner's custody status
while incarcerated in the Roanoke City Jail or
within the Department of Corrections.
Assisting victims and witnesses in completing
request for confidentiality forms.
Members of City Council
Subject: Acceptance of the Victim Witness
Assistance Program Grant
Page 5
ho
Providing referrals to other agencies which
can help victims address their non-criminal
justice needs.
Accompanying victims and witnesses to court
proceedings to reduce their fears and
anxieties regarding court appearances.
j o
Providing courtroom tours for child victims
and adult victims of sexual assault.
ko
Interceding with employers and school
officials when victims and witnesses have
difficulties securing time off.
Assisting sexual assault victims in having
forensic medical bills paid for by the
criminal fund.
mo
Assisting probation and parole officers in the
preparation of Victim Impact Statements which
are presented to the judge at the defendant's
sentencing.
no
Providing short-term counseling and crisis
intervention to crime victims and witnesses.
Oo
Arranging transportation to court for those
victims and witnesses who have special needs.
po
Providing public relations information in the
form of courthouse tours, programs and
lectures about the criminal justice system and
victimology.
2. Costs would not be an issue.
V. Recommendations
no
o
Co
City Council concur with Alternative A, which would allow
for the acceptance of, and participation in the
Department of Criminal Justice Services Grant #98-
D8554VW97 for the Victim/Witness Program in the amount of
$77,015, with the City providing a local cash match of
$25,671 from the monies provided in the Transfer to Grant
Fund Account in the FY 97-98 budget.
Authorize the City Manager to sign and execute all
appropriate documents to obtain Grant #98-D8554VW97.
Appropriate $77,015 in state grant funds and transfer
$25.671 in local matching funds from General Fund account
001-004-9310-9535 to the Grant Fund and establish a
corresponding revenue estimate into accounts to be
established by the Director of Finance.
DSC:jls
pc:
Respectfully submitted,
aid S. Caldwell ~
Commonwealth, s Attorney
City Manager
City Attorney
Director of Finance
Director of Administration & Public Safety
Victim Witness Coordinator
Service
Victim Witness Assistance Program
Service Summary
FY FY FY FY
93-94 94-95 95-96 96-97
1. Total Victims Contacted 708
2. Total Witnesses Contacted 400
3. Case Disposition, Case Status
& Advance Notice of Proceedings
4. Intercession with Schools
or Employers 8
5. Crisis Intervention 3
6. Referral to Criminal Injuries
Compensation Fund 77
7. Restitution Payment Assistance 479
8. Explanation of Steps in Criminal
Justice System and Criminal Justice
Process Options 807
9. Courtroom Tours or Explanations 40
10. Criminal Justice Process Support
11. Notification Services & Explanation
Regarding Prisoner Custody Status
12. Protection Services & Explanations
13. Educational Brochures Given 1,768
14. Amount of Restitution Collected $56,804
15. Amount of Crime Compensation
Awarded to Victims $85,683
724 581 541
570 517 203
2,279 2,313 2,436 2,457
12 9 7
43 32 39
172 150 295
815 783 1,213
690 559 727
73 65 222
352
31
223
1,885 1,729 1,469
$62,299 62,656 84,430
$40,123 $57,764 40,874
Statistics listed on this page reflect some of the services being counted by
the Victim Witness Program as required by the Department of Criminal Justice
Services.
ATTACHMENT B
LOCAL CASH MATCH GRANT FUND
FY 84-85
FY 85-86
FY 86-87
FY 87-88
FY 88-89
FY 89-90
FY 90-91
FY 91-92
FY 92-93
FY 93-94
FY 94-95
FY 95-96
FY 96-97
FY 97-98
DCJS GRANT
$16,202 (100%)
$13,772 (71%)
$32,550 (84%)
$17,225 (64%)
$19,048 (57%)
$32,250 (62%)
$35,619 (64%)
$34,787 (64%)
$36,706 (63%)
$36,798 (65%)
$34,021 (58%)
$35,910 (58%)
$64,328 (71%)
$77,015 (75%)
LOCAL CASH MATCH
$ 5,538 (29%)
$ 6,575 (16%)
$ 9, 916 (36%)
$14,514 (43%)
$20,072 (38%)
$20,027 (36%)
$20,011 (36%)
$21,419 (37%)
$20, 027 (35%)
$24, 903 (42%)
$25,671 (42%)
$25, 671 (29%)
$25,671 (25%)
TOTAL
$16,202
$19,310
$39,125
$27,141
$33,562
$52,322
$55,961
$54,798
$58,125
$56,825
$58,924
$61,581
$89,999
$102,686
Mary F. Parker, CMC/AAE
c~y C~rk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #178-200-236-405-511
Sandra H. Eakin
Deputy City Clerk
VV. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33604-100697 designating the Roanoke
Neighborhood Development Corporation as the recipient of funds which were formerly held
by the Mayor's Henry Street Revival Committee for infrastructure improvements for Henry
Street, authorizing the City Manager to amend the Annual Update of the Entitlement
Consolidated Plan for fiscal year 1997-98, to execute documents in connection with said
amendment, and authorizing execution of an Administrative Agreement with the Roanoke
Neighborhood Development Corporation. The abovereferenced measure' ~s adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, O~.,ober 6, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
Attachment
pc: Claudia A. Whitworth, Chair, Roanoke Neighborhood Development Corporation,
2318 Melrose Avenue, N. W., Roanoke, Virginia 24017
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director, Human Development
John R. Marlles, Chief, Planning and Community Development
Phillip F. Sparks, Chief, Economic Development
Frank E. Baretta, Grants Compliance Monitor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 1997.
No. 33604-100697.
A RESOLUTION designating the Roanoke Neighborhood Development
Corporation as the recipient of funds which were formerly held by
the Mayor's Henry Street Revival Committee for infrastructure
improvements for Henry Street; authorizing the City Manager to
amend the Annual Update of the Entitlement Consolidated Plan for FY
1997-98, and to execute documents in connection with said
amendment; and authorizing execution of an Administrative Agreement
with the Roanoke Neighborhood Development Corporation.
WHEREAS, each year, the City receives Community Development
Block Grant (CDBG) funds from HUD to implement a variety of
community development programs;
WHEREAS, these programs are outlined each year as an Annual
Update to the Five Year Consolidated Plan;
WHEREAS, City Council approved the FY 1997-98 Annual Update on
May 12, 1997, by Resolution No. 33402-051297; and
WHEREAS, an administrative public hearing was held on August
19, 1997, to consider the proposal to amend the Annual Update to
make the funds committed to infrastructure improvements for Henry
Street available to the Roanoke Neighborhood Development
Corporation for a variety of organizational, community and economic
development activities.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that:
1. The Roanoke Neighborhood Development Corporation ("RNDC")
is designated the recipient of $9,649 in funds which were formerly
held by the Mayor's Henry Street Revival Committee for
infrastructure improvements for Henry Street, said funds to be used
by the RNDC for approved projects on Henry Street.
2. The City Manager, or the Assistant City Manager, is
hereby authorized to execute documents and take other appropriate
action to amend the Annual Update with HUD, all in accordance with
the City Manager's report dated October 6, 1997.
3. The City Manager, or the Assistant City Manager, and the
City Clerk, are authorized, for and on behalf of the City, to
execute and attest, respectively, an Administrative Agreement with
the Roanoke Neighborhood Development Corporation, and amendments
thereto, if necessary, said Agreement and amendments to be in form
approved by the City Attorney, within the limits of funds and for
the purposes specified in the City Manager's report dated October
6, 1997.
ATTEST:
City Clerk.
H:\RES\R-RNDC HEN
RECEIVED
CITY CLERKS OFFICE
'97 OCT-2 P3:30
Roanoke, Virginia
October 6, 1997
No. 97-194
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
ApprOval of Amendment to the Annual Update to the HUD Consolidated
Plan and Authorization to Execute an Agreement with the Roanoke
Neighborhood Development Corporation
I. Background:
Final report of the Mayor's Henry Street Revival Committee was presented to
Roanoke City Council on November 18, 1996.
Final report contained several recommendations including a recommendation that a
new entity, possibly a community development corporation or 501(c)(3) non-profit
organization, which includes representatives of all major stakeholders (e.g.,
residents, property owners, financial institutions, City, etc.) be created to finalize the
Henry Street Plan and to begin the implementation process.
Ci_ty Council was requested to defer action on the report to give the community time
to consider the recommendation.
Matter came up on City Council's agenda on February 18, 1997. Mayor Bowers
indicated that the City would consider all proposals for Henry Street submitted by
community groups, private developers or citizens interested in forming a community
development corporation.
In February_, 1997, several citizens and City representatives including Mr. Edward
Barnett, Mr. Ted Edlich, Mr. Martin Jeffrey, Mr. Lawrence Hamlar and Mayor
David Bowers visited Asheville, North Carolina, to meet with representatives of the
Eagle/Market Street Development Corporation and the City of Asheville. The
corporation was formed in 1994 to revitalize an area known as "The Block" which
was once the thriving commercial and civic center of Asheville's African American
community.
Fo
The Eagle/Market Street Development Corporation was organized and trained by the
F. A. Johnson Consulting Group. Mr. Johnson and his firm were credited with:
Members of Council
Page 2
mobilizing and pulling together diverse groups/special interests in the
community;
leading the Eagle/Market Street Development Corporation in obtaining its
IRS 501(c)(3) tax exempt status; and
3. maintaining positive community-building momentum for the project area.
Go
The F. A. Johnson ¢0nsulting Group, Inc., is a minority-owned corporation in
Columbia, South Carolina, which has extensive experience in organizing and
managing community development corporations and packaging community
development projects throughout the Southeast (current project list attached).
Between February_ 25, 1997 and May 6, 1997, Mr. Johnson and representatives of his
firm met with local residents on numerous occasions. With Mr. Johnson's
assistance, local residents have begun the process of forming a new community
development corporation known as the Roanoke Neighborhood Development
Corporation (RNDC). A list of members and supporters of RNDC are attached to
this report. As of the writing of this report, Mr. Johnson's firm has contributed over
$11,000 in direct costs on behalf of RNDC. When fully organized, the Board of
Directors of RNDC will include representatives of local government agencies,
residents, property owners, and financial institutions.
Action Plan Work Program for the Roanoke Neighborhood Development
Corporation was adopted by RNDC on May 6, 1997. The action plan work program
identified the following 10 objectives for the proposed community development
corporation.
The elimination of existing blight and deterioration in the selected corridor(s)
and elimination of the physical, social and economic effects of such
condition;
The efficient development/redevelopment of land/buildings through proposed
project activities and the establishment of sound and attractive commercial,
housing, and institutional areas complementary to other desired uses;
The provision for public improvements, facilities and amenities, such as an
improved street system;
The retention of established businesses and institutions within the selected
corridor(s), wherever possible, so that they may continue to serve the
community and provide opportunities for employment and entrepreneurial
activities;
Members of Council
Page 3
Create close working relationships among the various
cultural/recreational/religious institutions, housing groups and private sector
lenders;
o
Provision of institutional uses in the project area(s) to support and serve any
nearby existing residential areas;
The provision for educational opportunities for entry level and higher college
level students who are interested in careers allied to the various project
development processes;
8. The provision for an improved public safety program;
Provision for an improved transportation plan, including need for any off-
street parking;
10. Provision for streetscape issues and implementation.
On May 15, 1997, representatives of the newly formed Roanoke Neighborhood
Development Corporation including Mrs. Claudia Whitworth, Mrs. Evelyn Bethel,
Mrs. Vernice Law, Mr. Jessie Brown, and Mr. Charles Price, met with the City
Manager and selected staff to brief City officials on the status of their efforts to date.
The City Manager requested City staff to schedule a follow-up meeting to obtain
additional information on the objectives of the new group.
On June 6, 1997, a meeting was held involving representatives of the City, including
Mr. John Madles, Chief of Planning and Community Development, Mr. Phil Sparks,
Mrs. Vicki Tregubov, and Mr. John Baker of the Roanoke Redevelopment and
Housing Authority with representatives of F.A. Johnson Consulting Group, Inc. Mr.
Fred A. Johnson, Il, President and Mr. F. A. Johnson, Sr., presented the Action Plan
Work Program for the Roanoke Neighborhood Development Corporation, dated
June, 1997.
On June 10, 1997, the City administration was notified by Mrs. Vernice Law,
temporary chairman, that RNDC had passed a resolution to: (1) hire F. A. Johnson
Consulting (FAJC) Group, Inc., to be the organization's managing consultant; and
(2) adopted FAJC's Action Plan Work Program. RNDC requested that the City
administration take action on the action plan within 30 days.
On July 9, 1997, the City Manager updated City Council on the activities of RNDC
and notified Council members that staff was planning on scheduling an
administrative public hearing on August 19, 1997, to consider an amendment to the
City's Consolidated Plan to help fund the first year of the new organization's
Members of Council
Page 4
proposed work program with CDBG funds previously approved by Council for
infrastructure improvements in the Henry Street Project area.
Meetings involving City staff and representatives of RNDC to discuss CDBG
requirements and other related matters were held on August 7 and 14, 1997.
II. Current Situation:
Reo_uest for CDBQ fund~ in the amount of $191,200 for first year program cost was
submitted to the Office of Grants Compliance on August 7, 1997.
Administrative pl~blic hearing to consider proposed amendment to the Annual
Update to the City's Five Year HUD Consolidated Plan was held on August 19,
1997. Mrs. Vickie Tregubov opened the meeting by explaining that the purpose of'
the public hearing was to consider a proposal submitted by the newly organized
Roanoke Neighborhood Development Corporation. Mrs. Tregubov stated that the
proposal would require amending the City's Consolidated Plan to make funds
currently committed to infrastructure improvements for Henry Street available to
RNDC for a variety of organizational, community and economic development
activities. Mrs. Tregubov stated that the City was reviewing the proposal and was
holding the heating in order to obtain public comments as part of' the decision-
making process.
The following individuals spoke in favor of the proposal: Mrs. Claudia Whitworth,
Mrs. Evelyn Bethel, Mr. Jessie Brown, Ms. Linda Dennison, Mr. Martin Jeffrey, Mr.
Kit Kelso, Mr. George Franklin, Mr. Robert Gravely, Mrs. Elaina Lordtts-Duckett,
Ms. Alethia Belden and Ms. Frederica Monk. Forty-five citizens attended the
hearing. No one spoke in opposition to the request. One written correspondence
(attached) from Mr. Carl D. Cooper, Secretary, A Spectrum, dated 8/28/97,
expressing support for RNDC's request was received within the required 30 day
comment period.
On September 18-19, 1997, Mr. John Marlles, Chief of Planning and Community
Development, and Mr. Phillip Sparks, Chief of Economic Development, met with
representatives of local government, financial institutions, community residents and
other individuals associated with projects undertaken by the F. A. Johnson
Consulting Group, Inc., in Augusta, Georgia, and Columbia, South Carolina. City
staffalso toured several projects which included successful examples of commercial
and residential revitalization.
An Administrative Agreement is necessary for the funds to be obligated to this
project. The Agreement between the City and ("Grantee") and RNDC
("Subgrantee") will contain the f.ollowing provisions and will be in a form approved
by the City Attorney.
Members of Council
Page 5
°
Time of Perf0rmance. This agreement shall be for the period of November
1 1997, through October 31, 1998.
Indemnification. Subgrantee agrees and binds itself and its successors and
assigns to indemnify, hold the City and its officers, employees, agents,
volunteers and representatives free and harmless from any liability on
account of any injury or damage of any type to any person or property
growing out of or directly or indirectly resulting from any act or omission of
subgrantee including: (s) Subgrantee use of the streets or sidewalks of the
City or other public property; (b) the performance under this Agreement; (c)
the exercise of any right or privilege granted by or under this Agreement; or
(d) the failure, refusal or neglect of Subgrantee to perform any duty imposed
upon or assumed by Subgrantee by or under this Agreement. In the event
that any suit or proceeding shall be brought against the City or any of its
officers, employees, agents, volunteers or representatives, will pay all costs
of defending the City or any of its officers, employees, agents, volunteers or
representatives in any such action or other proceeding. In the event of any
settlement or any final judgement being awarded against the City or any of
its officers, employees, agents, volunteers or representatives, either
independently or jointly with Subgrantee then Subgrantee will pay such
settlement or judgement in full or will comply with such decree, pay all costs
and expenses or whatsoever nature and hold the City or any of its officers,
employees, agents, volunteers or representatives harmless therefrom.
Scope of Services to be included in Administrative Agreement between City
and Subgrantee and Subgrantee and F. A. Johnson Consulting Group, Inc.,
for phase one of work lasting approximately twelve months will include:
$50,189 in CDBG funds will be used for RNDC to obtain technical
assistance to increase their capacity to carry out eligible
neighborhood revitalization and/or economic development activities
of which will be identified through this training process.
Training and capacity-building activities will include a review of
reference materials, local case studies, feasibility studies, historical
data, and other available data from the RNDC neighborhood areas.
This activity will include up to four board and community training
services using non-profit training manual for approximately 50
people and two workshops for approximately 19 people.
bo
$9,649 in funding from the Henry Street Revival account will be used
for approved projects on Henry Street.
Members of Council
Page 6
$90,000 in CDBG funds will be reserved in this agreement for CDBG
eligible development projects identified by RNDC through this
process and approved by the city.
With prior approval from the Office of Grants Compliance, budgeted funds
may be shifted among approved line items for expenses which are consistent
with the scope of services.
III. Issues:
A. Cost to the City.
B. Funding.
C. Community development objectives~
D. Compliance with applicable objectives.
IV. Alternatives:
Designate the Roanoke Neighborhood Development Corporation as the duly
designated entity for the purpose of dispensing the $9,649 in funds which were
formerly held by the Mayor's Henry Street Revival Committee for projects on Henry
Street.
Authorize the City Manager, or the Assistant City Manager, to amend the Annual
Update with HUD and to execute agreements and amendments thereto, and the City
Clerk to attest same, with the Roanoke Neighborhood Development Corporation
approved as to form by the City Attorney within the limits of funds set forth in this
report for the purposes specified herein.
Cost to the Ci_ty will be $140,189 in CDBG funds and $9,649 in Henry Street
funds held in trust by the City for a total of $149,712.
2. Funds will be available in the following account numbers:
Henry Stre~ Improvement Account:
035 094 9437 5151 $55,719
035 095 9537 5151 $80,000
035 097 9737 5151 $ 4,470
Henry Street Revival Account
(deposited in the Roanoke Valley
Federal Credit Union)
$ 9,649+interest accrued
Members of Council
Page 7
Bo
Community_ development objectives will be addressed by assisting a need
identified by citizens at an administrative public hearing on August 19, 1997.
Compliance with applicable regulations is assured through contract review
by the City Attorney's office and project monitoring by the City's Office of
Grants Compliance. CDBG funds will be used for technical assistance and
capacity building.
Do not designate the Roanoke Neighborhood Development Corporation as the duly
designated entity for the purpose of dispensing the $9,649 in funds which were
formerly held by the Mayor's Henry Street Revival Committee.
Do not authorize the City_ Manager, or the Assistant City Manager, to amend the
Annual Update with HUD and to execute an agreement and the City Clerk to attest
same.
1. Cost to the City_ will be loss of positive community-building momentum for
the project area.
2. Funding will remain available.
3. Communi _fy development objectives, as stated in the proposed amendment to
the Annual Update to the Consolidated Plan, will not be achieved.
4. Compliance with applicable regulations would not be an issue.
Recommendation:
It is recommended that City Council concur in Alternative A.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:JRM:mpf
attachments
cc: Assistant City Manager
City Attorney
Members of Council
Page 8
Director of Finance
Director of Human Development
Chief of Planning and Community Development
Chief of Economic Development
Office of Grants Compliance
THE F.A. JOHNSON COMPANIES
DEVELOPMENT/MANAGEMENT CONSULTANTS
CURRENT PROJECT LISTINGS
September, 1997
Wilmington, North Carolina
Castle Street Association (CS)
From the Cape Fear River (the downtown water front) to the east, for 19 streets, Castle
Street is Wilmmgton's most diverse (mixed-use) commercial and residential street.
Commercial uses include food stores, flonst, car repair shop, fish markets, hardware
store, antique row, office buildings, etc. Residential uses include storefront housing,
multifamily and single family detached. Institutional uses include Girls Club, Churches,
and fraternal clubs.
Another intere~th~g aspect of Castle Street is that the business owners and/or property
owners are roughly 50/50% black and white (see attached article - pre-development
activities).
September 1996
October 1996
August 1997
- Prepared Implementation Plan
- Prepared a detailed Pre-development program
- Began feasibility work on the pre-development program (see
news article dated 9/8/97)
Dawson Street Entrance
From 1-95 to US # 74 (coming from the west going east) crossing the Cape Fear River
(east), Dawson Street serves as the entrance to the City of Wilmington, North Carolina.
FAJC was selected to conduct workshops/interviews of commercial and residential user of
the Dawson Street comdor and to recommend and prepare a Conceptual Action Plan.
Dawson street begins at the Cape Fear River and runs east to Wrightsville Beach.
Client:
City of Wilmington, North Carolina
Don Betz, Mayor
(910) 341-7815
Mike Hargett, Assistant City Manger
(910) 341 - 5854
Castle Street and Dawson Street
*T
Richmond County Board Of Health
Augusta, Georgia
FAJC conducted space needs study of the East Central Health District (District consists of
13 counties) central office and Richmond County Health Department.
FAJC served as Development Manager for the relocation of the East Central Health
District Central office at North Leg on the west side of Augusta, GA. FAJC located the
office m a "Campus Like" facility with six braidings consisting of 30,00 square feet. FAJC
negotiated a $2 Million lease purchase and rehabilitation and managed the move in. The
purchase price and rehabilitation was achieved under budget.
FAJC located and negotiated the lease and rehabilitation of a 15,00 square foot West
Augusta clinic. All under budget.
FAJC located facilities, negotiated leases, and managed the rehabilitation of three (3)
satellite clinics (TB, Children's medical, and Dental clinics), all of which was completed
under budget.
Currently, FAJC serves (since 1993) as Facility Manager for all the above properties
(Richmond County and East Central office has no facility management department. All
services are privatized). In this role, FAJC prepared a Facility Management Manual that
includes all procedures (i.e. fire, work orders, maintenance of buildings and grounds,
security, operational budgets, landlord/tenant issues, and re-negotiation of leases.
Currently, FAJC serves as Development Manager for the development of a 45,000 square
foot Laney Walker Clinic, located across from the south comer of the Armstrong Galleria.
The facility is expected to bring 100 jobs to the Laney Walker comdor. At present, land
acquisition of this urban 4 1/2 acre site is 97% complete, the project is in the design
development phase, and is contracting for demolition. The cost of the project is $7 Million
for construction and land acquisition and $1 Million for fumishings and equipment.
Client:
Richmond County Board Of Health
Frank M. Rumph, M.D., Commissioner of Health
(706) 667-4250
Randy Oliver, Administrator
Augusta-Richmond County
(706) 821- 2485
12C/Tuesday Februa~' 27, 1996
Metro
· Accountability
State superintendent
defends proposed act
Carolina/6C
ALSO INSIDE:
Obituaries, Comtcs. Class~ed
Tuesday, Febntary 27, 1996'
Two sites are selected for
new county health center
Walker Bo~evard, bounded by Jan-ms
~ ~ F~ - ~-" ' Brown Boulevard, Laney-Walker and
SttrffWriter Spruce Street. The second recommended
Afteryearsofservmgpatientsmthefor- site is on the ~0 block of W~lton Way,
toer Belk department store boilding on bounded by James Brown Boulevard, WM-
Broad S~'eet, the l~.ebtoend County Health ton Way, 10th and Fcomck streets.
Department is making preparations to On both ~acre tracts there are several
build a ~'.~ toillion, ~,0~0-square-font clinic vacant lots, along with buildings and homes
with funds froto the 1-coat sales tax. - toast of which are vaeent.
"We've boen looking for s~tos for t~e 4~ To get the pro,eel st. ar~, the Richmond
years that I've been here," said Frank M. County Board of Health also agreed at its
Rumph, director of the ~,ast Central Gem'- February toeeting to enter into a ~10,~00
gin Health District.and Richmond County's contract with attorney F.A. Johnson, duvel-
top pablie health officer. "The holdup has oper of Armstrong Ga[leria on Laney-Walk-
been the funding nnd our bol~s just never er Boulevard, as the project's eooedthator.
materialized until now." Mr..Johnson provided a rendering of the
Dr. Rumph wrote a letter last week to new clime designed by .Johmoo, Lascheber ~'"~, = ~ .~ ~r ·
Mayo~-Chalrman Larry Sonnyers asking & Associates last Decotobor. Mr. Johnson is ~-'~
th~ comminnion to s~l~t a site for t~ new . ,,- . * .
c. Fll~le. The Board of H~nlth' has recom Please .eec F~t. ld.T~ on 11g ' ~ ts an ~lt~-'t'$ ~n~
toended two s~tes. ~t ~ It wo~ild I~l~
One option is on the O~0 block of Leney- - -= ~ and t~b~ul~ sm wu#
.,,'-':'.~. : · ......... ~...; ........ _. .....
;:---...'.-v. ~-~:--'"-;.~ 2i?=~=z ~ *~._~-?- ~: '~ .... : .........
Heiilth:Satellite: offices .set m°ye
ao~ ,r~a~..to the prolee~ ~ mmgn . and ~e clthie at 4~ Brethe~rllle; '~1~~'.~
en~them'JeaJohnasn.. ~'7':.'.~-;.. ~ in Henh~ihnh Will be com-
:~ Tne;e0unt~;ma~:eUal~ has ~h~ned and ~oead"---"~ too~a ~-~ " "~,,'
when''b, lln~¢-21~raflons ~htgrew ~-...~th of these oMees;~m ex-
near the Medical Cullege.of, ~C~0..r~':paunpl~,'said "'the ~-~n~ ~ [~~~-~
Health officials have said the. and attrae~ roaches The exter.
Broad Street location, -. whinh., minalor said he ~unt ~dn't eon-
served 110,000 county residents ~ ti'oi them." · , . ....
v.n~. '~n~t nf th~ makable [tol~O~es a~o nave to m g~l ~ OIIIIIO I~'~,~'~1
t~ piumbtog system ~ gets
head lights, pipes and conduits, so . ,
backed up
in~ patients privacy is h'npessthle. Dr. l:tnmph said both clinics ~'~.-~,'.:
Dr. Rumphsaid, wiHbeeinnedaweekpriartotheir ~'""~=~I :/4~2J'~'' :~
The new building will have a moving, though he said he didn't ....... '
sexually transtimtted diasase c. lin- know the exact dates.
ic and a tuberculosis clinic, along Jerry Brigham. the represent, a- son.
with a small auditorium to use for tive from the August~-Riebtound "I'to not real thrilled to have a
health and prevention classes. County Cotonfission. was the only consultant tonnage the building
The Board of Health also is re- board toetober who voted against for that touch money," Mr, Brig-
Ioeatinn[ two of its three satellite ~rsntin~ the contract to Mr. ,John- ham said
Mt. Zion Missionary Baptist Church
Mount Zion Community Development, Inc. (MZCD)
Asheville, North Carolina
FMC organized MZCD and conducted non-profit training sessions for the MZCD Board
of Directors and the Mt. Zion Church Survey, Planning, and Building Committee.
FMC is currently implementing development plans for three (3) Foundry buildings
acquired by the church which were constructed m 1920. The church and the foundry
buildings are located in the baekyard of City Hall and known as the Block.
YMI Cultural Center, which was built by Vanderbuilt, was rehabilitated in 1992 and
operated as an art Gallery, location for plays, and place for other cultural activities. Mt.
Zion church, through MZCD, is acquiring the YMI Cultural Center through a long term
lease and by assuming various debts (i.e. IRS and Bank Loans). Through a subsidiary,
MZCD will operate and manage the Center.
FAJC serves as Development Manager and business advisor to Mt. Zion church and
MZCD. FA.lC began Master Planning, including a space needs study, for a new church
development.
Project Summary
Foundry Building I and II
Foundry III
Mt. Zion Missionary Baptist Church
YMI Cultural Center
Multi-family housing
Commercial/Office
New church sanctuary approximately 1,200 seats
Business operation, management and fundraising
Client:
Dr. John Grant, Pastor
(704) 252-0515
YMI
~ Continuedffom page M
"is we need a n.ew.~eginning. This is
a plan that offers that opportunity."
Most of the approximately 50
people who attended the meeting
nodded in approval when the agree-
ment's virtues were extolled.
But one had a question that
wasn't fully answered.
Johnny Lloyd, a businessman
who's running for a seat on Ashe-
ville's City Council, questioned El-.
lison, a former city councilman,'
about just who sits on the Motu~t
Zion Community Development Inc.
board and how many of those peo-
ple also sit on the Eagle/Market
Street Community Development
board.
Ellison invited the Mount Zion
board members to stancL One iden-
tiffed herself as a member of both
groups. But Ellison never said how
many people sit on both boards.
"Nobody's trying to destroy the
Y1VII," Ellison said later in the
meeting. 'Wie want it to be like
Phoenix rising from the ashes."
The Rev. O.T. Tomes of New
'Mount Olive Baptist Church,
praised the agreement and said
rican-Americans must continue to
' look for ways to rescue themselves.
"One of the things we as a pe~-
pie have to do is stop looking for
other people to rescue us and save
us," he said.
JOHN COUTLAKIS/CITIZEN-TI MES
The Rev. John Grant of the Mt.
Zion Community Development
Inc., reads his group's proposal
Tuesday for assuming the debt
of the YMI Cultural Center.
Seated at left is Charles Mosley,
chairman of the YMI board.
Mount Zion Coramqln_ity Devel-
opment Inc. is a separate entity
from the church, Ellison said. It is a
non-profit group of 24 board mem-
bers whose goals are to preserve
It has existed since 1996, Grant
said. Among its projects are acquir-
ing property in the historic black
business district known as "The
Block," including 35 Eagle St., 42
Spruce St., and 51 S. Market St.,
among its projects.
Z
Z
e Immml
Laney Walker Development Corporation
Augusta, Georgia
The Laney Walker Development Corporation (LWDC) was formed as a Public/Private
Parmership between the City of Augusta and the Laney Walker Neighborhood
Association. FAJC was responsible for training the LWDC Board as well as obtaining
LWDC's IRS tax exempt status.
FAJC served as Development Manager for the construction of the Armstrong Gaileria
Phase I, which is a 25,000 square foot neighborhood shopping center. The development
was camed out utilizing a land owner participation process whereby LWDC obtained the
development rights to the property while the property owners maintained ownership &the
property. As Development Manager, FAJC negotiated with twelve (12) property owners to
obtain the rights needed to construct the shopping center.
FAJC presently manages the development and the center's Owner/Tenant Association.
FAJC prepared a Master Plan for a Phase II of the Armstrong Gallena.
Currently, FAJC serves as Legal Counsel to LWDC which has been designated by the City
of Augusta as a Community Housing and Development Organization (CHDO). On behalf
of LWDC, FAJC prepared and submitted a proposal to the City of Augusta for
SuperBlock housing development which resulted m the City allocating of Six Hundred
Eighty Nine Thousand Dollars ($689,000) of CDBG funds for housing development.
LWDC recently completed a pilot housing development and is now implementing
construction on six (6) new single family homes.
Client:
Laney Walker Development Corporation
Cedric Johnson, President
(706) 821-3902
George Patty, Director
Planning & Zoning Department
(706) 821-1796
Randy Oliver, Administrator
Augusta Richmond County
(706) 821-2485
RailRoad Corner Development Corporation
0rangeburg, South Carolina
The RailRoad Comer Development Corporation (RRDC) is a Public/Private Parmership
organized to foster development in downtown Orangeburg, SC in the area surrounding the
intersection of State Highway 601 and Russell Street. The project area is located directly
across the street from Claflin College and South Carolina State University (7,000
students).
FAJC is responsible for the incorporation, organization, and the preparation of the 501
(c)(3) IRS tax exemption application for RRDC. RRDC is comprised of representatives from the
following entities:
· Downtown Orangeburg Revitalization Organization (DORA)
· Claflin College
· South Carolina State University
· City of Orangeburg
Project Implementation
April 1997
May 1997
June 1997
July 1997
July 1997
September 17, 1997
Prepared a Conceptual Action Plan
City Council Adopted Action Plan
DORA Adopted Action Plan
Claflin College Adopted Action Plan
S.C. State University Adopted Action Plan
Organizational meeting
Client:
City of Orangeburg
John Yow, City Administrator
(803) 533-6000
City Council going ahead with cable survey
I Confinu~:l from Page lA I
come looal]y In addition, the uni-
versity spends over 72 percent in
the Orangeburg area, for a total
investment of $30 million in the
local economy.
Johnson, who developed the
Harbison new town project in
Columbia, said the key is how to
pull the "tremendous market in
the institution~' across the barn.
er to the downtown bUSiness area.
S~essmg that the pr~-=~entat/on
is onJy a conceptional action plan,
Johnson explained that's the first
step toward development. Later
wouJd come determining the
range of feasib/]Jty or what the
market is and the cost; then the
financial package; construction
and, lastly, management and op-
elation.
With representatives assigned
to the project from SCSU, Claflin
and DORA. Johnson said that in-
dicates "ideas generated didn't
come from somewhere outside
your commUmt.~;" Also he smd
that ex/.~ing property owners can
also participate in a ~-ue public-
private partnership.'
According w City Administra-
tor John Yow, the nex~ s~p w/l] be
the formation of a non-profit de-
velopment corporation to seek
grants, funding and developers -
"trying, ff you will, to shop this
out' - and to continue working
with SCSU, Claflin and DORA.
In other business, unfinished
from the prev/ous session, council
voted 5-2 w officially authorize
the a .ty's proposed cable television
survey. Although council had indi-
cated that it wanted the survey.
no official vote was taken durm'g
the l;~y 6 session.
As explained by the mayor, the
sm-vey, sent out through the De-
par~nent of Public Utilities' b/lis.
would ask citizens in the corpo-
rate a~ l/mits two questions. The
Et is whether they subscribe to
~me Warner cable telebit/on. The
second question is whether they
would be in favor ora Charleston-
based station replacing the sta-
tions recently added by T/me
Warner.
Since Time Warner, which has
the cable television franchise in
the city, replaced the Charleston-
based stations in January; City
Council has cited citizens' corn:
plaints and called for a change.
Councilwoman Joyce Rheney,
who voted with the maiority for
the survey, questioned 'the cost,
how many citizens have com-
plained and how the information
'Did we promise people who
called that we'd look inw it? she
According to Yow, the law was
explained and no one was told
any time" that the city can force
the franchise to change its chan-
nel selections.
Councilman Paul Miller, who
along with Councilman Dr Ev-
erette Salley voted against the
motion, called the survey 'a waste
of time." Time Warner ]~as "basi-
cally told us what they're going to
do," he said. 'I'm not in favor of
beating a dead horse."
Responding, Councilwoman
Liz Zimmerman Keitt sa/d the
survey will show constituents
that council is concerned about
their questions and will do what it
can to satisfy those questions.
Agreeing, Cheatham Smd he'd
wants to respond to the
complaints and to show that the
city is 'not at the mercy of Time
Warner." Bring closure to the
issue, he said.
Councilman Bernard Haire
1860 MANSION
Club / Business Meeting
Banquet Room · Free Hour
Orangeburg Limo
534-0510
said he'd ~ike to see the survey re-
suits and give all auzeas a chance
to express their feelings.
Although ~irne Warner con-
ducted a survey of 300 sub-
scribers, council has indicated
that it wants a broader survey
and one in which the pertinent
questions of Clmrleston-based
telev~on is spec~cal]y asked.
In other business, council:
* Gave second reading to an
ordinance to amend the city codes
to allow displays of mereh'andise
on streets and sidewalks under
certain situations expressly ap-
proved by the aty
. Gave second reading to an
ordinance to amend the city cedes
to add an addition street (~lerron
Street} near the new Ww.n D/xie
to the prohibited truck route.
The ordinance was clarified
allow del/very trucks or vans serv-
ing the res/dents on the 1500
block of Herron Street. Another
change allows the new Winn
D/xie and Kmart to be serv/ced
from the r~x.
* Gave second reading to an
ordinance to annex propert/es of
South Carolina State Umversity
not already inside the city. The
area w/Il be zoned as Office-Inst/-
tutionat-Apar~nents.
· Accepted the two PARD
grants approved by the County
Legislative Delegation. Of the
$20200 the d~' requested for ren-
ovation of the M/rmow Field roof,
the delegation approved $13,104.
In addition, the delegation
proved all of the $5,000 requested
for a formal entrance to Orange-
· Appointed David Stevenson,
a mechamc in the garage d/vision
of the Public Works Department,
to a three-year term on the City
Grievance ~ommit-~e.
· Passed a resolution to grant
a wastewater right-of-way to the
DPU to instal] utility l/nes on a
port/on of proper~y parallel to
Glover Street.
According to DPU Manager
Fred Boatwright. the utilities will
serve property being developed at
Rivermde and Glover.
· Received as reformation, the
announcement that the Depart-
ment of Public Safety will have
its third annual memorial service
on Thursday, May 29, at 10 a.m.
on Memorial Plaza on Russel]
Stree~
Pile IOA, Orln~ebLirg, S.C., SunClly,
Editorials_J
Estao~snea ~n 188~ · Pu~ist~:l ~ So~be~ News~oe~. Im
Deen B. Livingston
Lee Ha~er Cathy C. Hughes Ken Tyler
Temmy Hsnsen Georglanne Walton Charles Garrick
'Were it lef~ to me to decicle whether we shoulcl have a government with-
out newspapers or newspapers without a government. I Should not hesitate
to prefer the latter." - Thomas Jefferson
'When dreams take flight'
Just a few months ago,
plans being proposed
for downtown were
just wishful thinking
In January 1997, Clemson Urd-
versity planners unveil a master
plan for downtown Orangeburg.
The plan - including drawings
and models of buildings - proposes
a unified Orangeburg by creating a
'continuous experience' along Rus-
sell Street from Edisto Memorial
Gardens to Claflin College and
South Carolirm State University.
In the plan are visions for the old
Russell Street Inn, renovated some
years ago but never successful as a
modern-day hotel operation. Plan-
ners suggest renovation again and a
return to some semblance of the
glory days of the Hotel Eutaw.
Crucial to the success of a con-
vent. ion center and the downtown
effort are the colleges, S.C. State
and Claflin, the planners say. The
campuses would be linked to dow~-
town by a crosswalk and a ~College
Town" parking facility at the cam-
pus end of Russell. On the lower
floor would be businesses catering
to students, the planners envision.
'rhe planners say it can happen.
They talk about a two-decade time
frame. It's easy to shake your head.
Don't. Envision it. And then recall
the look of Orangeburg 20 years
back. If as much growth and change
occurs over the next 20, a downtowm
of our dreams can be more than a
Vmion.... The possibilities are excit-
rog.- we wrote in January.
Forward to May 1997. Back-to-
back Orangeburg City Council
meetings have produced news of
major endeavors that look to be
practically cut from the ma~ter
First comes news that the Russell
,;r,,~:t Inn could be converted into a
:~-unit affordable apartment com-
:~'~ for senior citizens
Az requested by Raleigh, N.C.-
based Regency Development Associ-
ates Inc., council endorses the $1.3
million project and approves fund-
ing it with $10,000 if the state
awards the grants needed to make
it happen.
Citing a state preference for
using ex~sting st"ructures, the com-
pany sees a rea] chance of getting
grants. In fact, it will pursue three
state funding sources in an effort to
~keep rent as low as possible" -
about $300 for the one-bedroom
Word about grant approval or re-
jection should come in July or Au-
gust.
Tuesday night, council votes
unanimously to endorse a non-profit
privata/pubhe project to develop the
designated Railroad Comer at
Boulevard and Russell Street.
South Carolina State University,
Claflin College and the Downtown
Orangeburg Re~'imlization Associa-
tion have already endorsed the plan
and will work with the city to ira-
prove the gateway to downtown.
As outlined by consultant F.A.
Johnson of Columbia, plans call for
a pedestrian bridge over the raft-
road ~racks and the busy U.S. High-
way 601 at Amelia Su, eet to hnk col-
lege students and staff with the
downtown marketing area. A 'rail-
road depot restaurant, shops, park-
ing and housing - all with a railroad
theme - are described.
Johnson, who developed the Her-
bison new town project in Columbia.
says the key is to pull the ~tremen-
dous market in the institutions"
across the barrier of the railroad
and highway and t~e that market
into continued growth and develop.
merit downtown.
While more in the conceptual
stage than the Russell Street Inn
endeavor, the Railroad Corner pro.
ject is no less exciting. Now comes
the process of determirdng feasib~-
ty and forming the non-profit devel-
opment corporation needed to seek
grants, funding and developers.
Mayor Martin Cheatham calls it
a 'big dream" that fits comple[ely
with the vision for downtown.
And while both projects sound
like the dreams of which we wrote
just a short time back, it's very ex-
citing to see the efforts unfold.
It's as if Orangeburg is ready to
live the memorable line from ~Vild
Hearts Can't Be Broken," the mo~'ie
filmed here in the 1980s: ~rhen
dreams take flight7
By .IACKIE BROOK~
Metro Staff Writer -
Details o~ a federal, pledge
n.; sla miiHoa in ~aarantee as-
/stance for the development of
the planned community - o£
Harbison, near Irm% were re-
;teated Th~sday.
According to Lester Gross.
general manazer for' Harbi-
s,n, the guarantee assistance
will pay for the land and pro-
vide the initial funding for
"infrastructures" s u c h as
~:reets. neighborhood parkg, a
t n..vn center.
(;ross said that construction
should begin early this spring,
Le2inning with such items as
v: a t e r and' sewer lines,
streets, sidewalks and
brid.~es.
Harbison is'the thirteenth
New Community Development
· .2uarantee assistance under
il:e 1970 Urban Growler and
'::e,.v Sommuniw Deveiooment
Act, and only the second in
,~h~ Smltheastern re~ion. '
;t ts also the first project.
approved by HUD for such
assistance in which the devel-'
~par :.s a private-non-profit
nrganizauon, Haroison Devel-
,~ .... n~ Carp.
The loan guarantee Wilt be
~:sed by the deve!oper to sell
b,~p. ds '.'or land acquisition and
de,,-e[oomen[.
?'red'e~cf~ A. Johnsort, Hat-
h[ann ~ro!ect director, said
t>at i: ihe firm stays on
:~rh.".d'Ze. [:ne iirst residents of
t>:~ cm~.munity ,~i!i be able to
;,.,%'e :n hv (:hrisrmas. !973.
Gross said thac t,.w) acti~4-
~e:¢ face the deve[ooment car-
?ration -- fit:al/zing a loan
,w p:'o~ec~ a~reement by the
te:'m:; ,~: w'::.ch ~FGD Mil is-
sue a K:;ar:m[ee [nc bonds
s:fid by :;n underwriting house
not yet selected; and planning
of mn~truction of what will
go on the land.
',Tee task performed to
date creates a plateau from
whJ. c.~' we- can take off," he
said. "Now we have the
cense to go to work in a
doing way, by starting con-
struction.' ~
Harukson will be-developed
on a 1,740 acre site acquired
by the United Presbyterian
~'hurch USA nearly a century
ago. The project will extend
east-west from the town limit
of Irmo.to U. S. 17~ (Broad
~iver Road).
A total of 6.750 houses are
· planned for construction over
a 20-year period, with one in
five to. be- designed'for Iow
. and moderate income families
inciuding the elderly.
The community is aiming to
be heterogenous, wit h a
(See HAPdglSON~ OB, Col.
Conkinue~l From l-B)
spread of incomes, family siz-
es, ages and races
A total of ~,750 houses are
planned for construction over
a 20-year period, with one in
five to be designed for iow
and m~derate income families
inch:ding the e!derly.
Toe community is aiming to..
Fz*nds
1~, heterogenous, v~ it b a
spread of incomes, family siz,
es, ages and races·
Planning for the community
includes four elementary
schools, shopping ceoters, of-
fices, job opportunities and
ne[ghborho.od parks. A
planned town center will con-
tain secondary schoois, a !i-
.brary, a center for ~he arts, a
community recreation center
and major department store~
and of Dces.
Also included ~n the orel~mi-
nary plans are ~hree artificial
l~.kos, !~ miles of w~i~ay~
rhrcm~h ';9 aer~s of ".~een-
~'ays" tying residential
to, a,:blic facilities, and a
health maintenance orga~za-
~:e city o~ Columbia has
[er and se,.va~e treatment.
Estimated retaliation far
ghe town is 23,~ within the
pro}ected 20 years of develop-
meat.
Announcement of the
million federal piedge wan
made Thursday in Columbia
by Edward FI. Baxter, region°
al director of 7qUD in Atlanta.
Baxter said Harbison is to
be "a thnrou~_hiy ¢ianned
ject which will include safe,
decent .and sanitau- housin,~
for a cross-section of resin
dents."
He mentioned ,rartou~ other
federal pro,rams which he in-
dicated Harbison might ap,giy
co for s,,ch things as anecia[
p ! a n n i n g ~ants, technical
ser,,fices, etc.
J:~hnsnn said that H'UD had
mad~ tho initial feasibility'
sh)dy which for'nM ~he basis
ct' the present plan.
Residents of the Irmo-Seven
O~ks ~rea received their first
inside look ~t a mcxfel ci~7,
proposed ~o be coastruc.'.ed in
their midst adjacent to
town of Irmo. Only z crowd
of some 50 persons including
several Lexington
legislators and members of
the Harbison Development
Corporation showed up forthe
session at the Seven Oaks
CommunitT' recreat/on con-.
The Q-year prc§r~m for
the mcdel town was revealed
in a printed brochure .h3mded
out ~o spec~tors. It knctuded
~ poo~z~on of 23,075 within
~ 7egrs for ~ site of 1,739
acres wi~ 6,%50 dwel~in~
u~ consisting of s~le
family homes, ~o~ ho~es,
~rden zp~men~ ~d m~-
i~/low r~e zpgrtm en~s.
Some 6,100 ~rm~ent
~ere projected
k slide preseni~tionby Paul Jobs to be provided, ac_
Beers and Jeff Samet of the .: cording to information fur-
Harbtson Corporation w~s nished the group, would in-
followed by a discussion lad clude industrial and industry
by Fred Johnson, executive relate, light menu/scOuring,
director of tha:or~ni~.ation.-. Wholesale and remil ware-
(Continua ~ron~ p~g~--~) .........
wns said, to obtain Z'school
Five. The nssisimmce of the
District would be obtained, it
according to District stand-
ards and needs. Harbison,
cording to si~ttements made,
would provide community
cilities with the town using
city wa~r ~nd all residents
having a sewer service in the
jurisdiction boundzrL
Harbisou will have ~ com-
muniW associzt/on as one of
its fe~h~res along with z town
center, a ramp connecting the
town to Piney Grove Rc~d
and Intarstnte 26, walk-ways
a day care center, a cen~er
of culture mud facilities to
help care for the elderly.
The town wil! be designed
for the middle Americ~n with
an income oi$10,000-$22,000.
Executive Director Johnson
pointed out Harbison. w~s not
being run by Black people, it
was not ~ HUD (Housing and
Urban Development) pregr-am
and it was not totally desigmed
for Iow income housing.
"We ~re tr¥iug,'~ said
Johnson, "to provide plans
whereby peep. le might be able
to implement and enjoy life.
Harbison is fk'qded Dy
s. loan from an e{ ~nomic de-
velopment institutio~ and local
financing. Our profi~ will be
plowed kack L-Ro the projec[
to strengthen successiu~ s_rxi
improve weakened mreas. We
w[tl £eH to potenti~J builders
wino must ¢cnsWuct accord-
ing to ~ur pi~ns which the~
~o must ~ubmit for our
view."
He ~mtad wa~er .and sewage
f~-cHiLies would get underway
in .M~.-ch cf 1~73.
A number sf questions were
ask.~d b,v ~ersensatier~.Lug the7
houses mud distribution and
research and development
These jobs, it ~,~as pointe, d.
out, would boost the school
district mud coun~/ tax bases
for Ricked ~d Lexington
coun~as. [t'~ s~ess~ t~
Hzrb~on wo~d pro.de
comm~iW concept for d~
velopers- ~ Sou~ Csrot~:
Zo~ ~d b~ codes~
would co~orm to mose of
co.ties ~voiv~ ~d ~so to
s~ ~lish~
H~biso~
A ~p ~okesman po~*
out ~t-zt no time wo~d
H~b~on
simeon for- School District
(Con~ued on p~e 8) .~
meeting.
Lexir.~ton C o un ty Repre-
sentative Lucius Porth stated
the corporation ~ never
asked for any support by the
deleg~tioru Johnson replied
that an effort w~s made to ~ot
the ~o groups together, but
by some mix up this was not.
done.
A Harbison spokesman said
the City of Columbm would
sponsor, the- sewage line with
the model town paying its;
percentage of the cost. It was
·lso smta four '.elemeniar7
a~ud one secondary schools
would be built.
Joseph Smith who will be-
come z Lexington County
Council member January
1973, asked wh7 School Dis-
trict Five was not consulted.
Another persorr from the Sev-
efl Ca.ks Community knprove-
mffnf .4ssocf~i~on voiced
npprov~ because "it would
ioad up. the 3/ready crowded
highway."
Several ar~a residents
spoke in favor of a planned
communJ{7 a.~aius~ ~he pr~
sent day l~ck of planning
iud place in the 3.m~a. It w~s
e.~plehned ~hst the sr~ would
be developed regardless of~
whether or no~ it was a plan-
ned
te×in~o, Count/ Pmpre-
senUti~ Sherry Shelly ;,ms
s spec~.~or ~t the meet/ng'
along with Mrs. ;3'orm~ Rus-
sell, another newly
member of ~he Lexin~on
County Deleg'atiom
~[o represen/n~ve of the
Riced County Delegation{
was recognized as being pre- [
sent at the mee{ing, i
· ?-':... i ' ~:,;:
:.:;. _ ',.;.:..?-.:.,,z .-,, .. -.,.- . :?':
.:jj :? ' ' , -. 'r'~ ..;..:.,-..-' -'.X' ;_'.'. /' .
· -'...-~ '-.4 '~ , ,-: ~: ' ~',::,~,':.
;?'- ~ -, :-': '. :".' ' -'- '~" .'"' ' .2.'--~" .-'~;-':
........ ~ ~.~zm ~:~i.~ ~ ...... ~z: .........
. . · . . · ' · . .'. v
..... ..- ..... -.. -.~., , .~. , · ,~ . ~ .~-
he Orexa~r Columbia Chamber o[ Comm. erc~ .... -. .... ,. :c.:~ ;:" .-' ......-'-: --'.-,. ~:~ - -
tl --'. ''.--~,, ',-,'x" ': [ : '" ' , ~. '' "-'.'¥/' . .'~
;o[[aeC!ubwastotdtodav. ' ~- .... .. , "-~-- ':, · .' : ",:,-~ '4--.'.
Fred Johnson, execudve-dfrector of Earbt- ~- --([sg ·:-.:';:'~--14 '~,:: ' ':':-)~
:'. .. - ~.i:i 'L:-. '?. ~:~ ':Y" -'"' ' :' ' - ..... -!' v4 t. 5 .': 7> -
:on Dsvek~menL Corp., sakl the commt:~d[y which make~. H~rb~son u~.ique a,n:n~ e:her ' :.' ' ~ ......
,, ~o[~,..o,a a~g.o L.~.~S~._ ~o a~d ~.~.~e~;. : -~ - ~, ~, ~ . , - , ,. -..- - -,~ .-": -, . .,." ,. '.:~ .... · ~ :'~-.--.= .:-?'":
sa,d. ~ ~G ~8 con~. ~. ~ePLnd ~OJS~ . ..... '.-.':.-.-:'.- '~-' '-..-' . .... '-'-',:-Z :. '...
.,,b.. _=,..u9 ;~-rso..s. · 'has uever ~en t~t~d auv';~e~ ~n )~ ~m,~_ ':: .:.-=-.%:.':~ ~. ->"-.':.~q.~' - <:': <-%
Johnson s~d ~he 2,COg acrss wou~d be de- ~rv Lt)s a s~m~Je ]~ ~t CTM h ...... m~ ;~)-m~' : ~'_ -~:: ~:'-L"":'C'?.Z'~?~-.:~-. '.-."~' :.:=-~ "~'~q::
.~- ~ ~':~; - ~' .~' ,' ~ ~- :o.- ..... .p,~.ed !~I ,.~_ ~Ol:~O. - · :- '. :' ,: '-"--'";f::.: ."~%.- :....>~?17~':..~-~ '.-,:..
~.~...=-.o:.. (b~e NEW TO?iN P~ ~ ~
johnson smd Hath[son ;vou}d 'in,'_'.ude day
,care cen~.ac-x for .ci,~dze2 and thc etdert/?,
swimmfng pools, communk7 cenLers, an
phithea~ac ami schools. ~[e saS'l children ',','oul~
tary
{{;nntiaued Fro:a Pn~n
f~c[2~ies located ia each area. _*-,.'a sam this
i'.',' m.<.~c~:d.jn ~-[-[::h ',',? !?.:: :71 ,: g2'.:'t
p:,~,.::':~ irt .Ir:,:.: bf tit: Fed:';'?[ Dz:,:~;~?ton:.
.;:,hn::?. ~.:f Uti-; 'tlr't-If %',):'..~ i~i:]"[~ ql.,ll-
ROANOKE NEIGHBORHOOD DEVELOPMENT CORPORATION
SEPTEMBER 1997
Officers
Mrs. Claudia A. Whitworth, Chairman
Mrs. Evelyn D. Bethel, Vice Chairman
Mrs. Vernice Law, President
Mr. Jessie Brown, III, Vice President
Mr. Charles Price, Treasurer
Members/Supporters
Ed Barnett
Vernie and Aletha Bolden
William J. Bratton
Jessica L. Brown
Herb Chappelle
Walter S. Claytor
Wayne Cooper
Helen E. Davis
Linda Dennison
George Franklin
Chares Green
Cecil E. Greene
L. M. Harmon
Marylen Harmon
Sherman Holland
Evangeline Jeffrey
Martin Jeffrey
Harriet Lewis
Leroy Lowe
Lillie T. Patterson
Anita Powell
Lowell D. Reeves
Alice B. Roberts
Margaret B. Roberts
Ezra M. Jones, Sr.
Elder L. Parson, Sr.
Melody S. Stovall
B. H. Waldron
Eva Darcel Walters
Office of the City Manager
July 9, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Re: Roanoke Neighborhood Development Corporation Proposal
Dear Mayor Bowers and Members of Council:
Recently, a group of local citizens and community leaders interested in Henry Street and the
larger Gainsboro area have taken steps to form a Community Development Corporation and to
secure the services of a private consultant to provide organizational assistance and to help identify
and manage potential development projects. This correspondence is intended to bring City Council
members up to date on these exciting developments and to recommend a course of action for
responding to the group's proposed Action Plan Work Programs submitted to the City
Administration for consideration.
The new organization, which is calling itself the Roanoke Neighborhood Development
Corporation, is being formed by a group of citizens some of which are identified in Attachment "A"
in response to a recommendation that was included in the final report of the Mayor's Henry Street
Revival Committee presented to Council on November 18, 1996. The report indicated that a new
entity be formed, possibly a community development corporation, to carry on the Henry Street
planning and implementation effort. Community Development Corporations or CDC's are a
relatively new approach to inner city economic revitalization that has emerged in the United States
over the past 30 years. A CDC is a nonprofit orga~i?ation that is both market oriented and dedicated
to serving the residents of the neighborhood where it is located. Since the late 1960's, CDC's around
the nation, in partnersifip with private lenders, government, and i%undutions, have ~- --" '
u~v~opeu OV~;i'
400,000 units of housing, financed construction of' over ]7 million square feet of industrial and
commercial space, provided loans to more than 3,500 businesses, and created or retained over
90,000 jobs.
Since February 1997, the group of local citizens has been receiving advice and organizational
assistance from the F. A. Johnson Consulting Group, Inc., a minority-owned corporation with
extensive experience in organizing CDC's and managing and packaging of housing and economic
development projects. Representatives of the new organization and the F. A. Johnson Consulting
Group, Inc., have met with me or other representatives of the City Administration and Housing
Authority on several occasions including May 15, June 6 and June 25, 1997, to discuss the group's
objectives and to identify what the City can do to assist with this important community-based effort.
In these meetings, it has been made clear to me that the new organization intends on being inclusive
and will welcome any group or organization that is interested in working to improve the project area.
Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 981-2333 FAX (540) 224-3138
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 2
July 9, 1997
It is also the intent of the organizers to include a broad cross section of stake holder groups on the
board of directors of the new CDC including residents of the community, business owners, property
owners, representatives of financial institutions and city government.
After discussing the new organization's proposed Action Plan Work Program with key
members of my staff, I am planning on scheduling an administrative public hearing on Tuesday,
August 19, 1997, to consider an amendment to the City's Consolidated Plan. The amendment, if
approved by City Council, would permit the City to fund the first year of the new group's proposed
work program with CDBG funds previously approved by Council for infrastructure improvements
in the Henry Street Project Area. As currently proposed, the consultant who would be under
contract to the new organization, would be responsible for conducting at least 4 organizational and
training sessions for CDC members and interested citizens, preparing a non-profit developers
training manual, conducting workshops focusing on needs within the project area, interviewing key
city staff and elected officials, reviewing existing plans, preparing a one to three year
implementation plan and providing assistance with packaging several possible development projects.
A notice of the administrative public hearing to consider the proposed amendment will appear in
local newspapers on August 1, 1997.
In the event that City Council agrees to amend the Consolidated Plan and fund the proposal
another issue will still need to be addressed before CDBG funds can be used for this purpose. As
City Council is aware, the U. S. Department of Housing and Urban Development imposes a 20
percent cap on CDBG funds used for administration and planning. The City's CDBG program is
currently operating very close to the maximum amount. A number of the activities proposed in the
Action Plan Work Program may fall under this requirement. Therefore, the City's Office of Grants
Compliance is currently reviewing the proposed scope of work to ensure that this mandatory HUD
requirement will not be exceeded.
I hope City Counc;-.1 finds this information helpful. A detailed report, including a description
of the new organization's first year program, will be forwarded to Council Members prior to your
being asked to take action on this matter. In the meantime, if you have any questions, please call
me or John Marlles, Chief of Planning and Community Development, at 853-2356.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/IRM:ga
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 3
July 9, 1997
Attachment
CC:
Mary F. Parker, City Clerk
James D. Ritchie, Assistant City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director of Public Works
John R. Marlles, Chief of Planning & Community Development
Phillip F. Sparks, Chief of Economic Development-
Jv~,~ P. Baker, Executive Director, Roanoke Redevelopment & Housing Authority
Vernice Law, President, Roanoke Neighborhood Development Corporation
Vickie Tregubov, Grants Specialist
LeRoy Lowe
512 Chestnut Avenue, N. W.
Roanoke, VA 24016
Eld L. Parsons
352 McDowell Avenue, N. W.
Roanoke, VA 24019
Lillie T. Patterson
1902 Montclair Drive
Roanoke, VA 24019
Anita Powell
P. O. Box 13672
Roanoke, VA 24036
366-0933
Charles D. Price, Jr.
3101 Willow Road
Roanoke, VA 24017
982-8789
Lowell D. Reeves
2328 Melrose Avenue
Roanoke, VA 24017
Alice B. Roberts
411 CAlmer Avenue, N. W.
Roanoke, VA 24016
342-8876
Margaret B. Roberts
411 CAlmer Avenue, N. W.
Roanoke, VA 24016
342-8876
Melody S. Stovall
329 Colorado Street
Salem, VA 24153
B. H. Waldron
514 Union Street
Salem, VA 24153
Eva Darcel Walters
Harrison Museum
523 Harrison Avenue, N. W.
Roanoke, VA 24016
Claudia A. Whitworth
2318 Melrose Avenue, N. W.
Roanoke, VA 24017
343-0326
Ed Barnett
6701 Peters Creek Road
Roanoke, VA 24019
366-6287
Evelyn D. Bethel
35 Patton Ave., N. E
Roanoke, VA 24016
Vemie and Aletha Bolden, Jr
4559 G Garst Mill Road
Roanoke, VA 24018
774-9514
William J. Bratton
3517 Cove Road, N. W.
Roanoke, VA 24017
Jessie L. Brown, III
3526 Laurel Ridge Road, N. W.
Roanoke, VA 24017
Herb Chappelle
5120 Pin Oak Drive, N. W.
Roanoke, VA 24019
Walter S. Claytor
802 Grayson Avenue, N. W.
Roanoke, VA 24016
343-9418
Wayne Cooper
357 McDowell Avenue, N. W.
Roanoke, VA 24016
343-1903
Helen E. Davis
35 Patton Avenue, N. E.
Roanoke, VA 24016
342-0728
Linda Dennison
P. O. Box 9647
Roanoke, VA 24020
362-6066
Attachment "A"
Charles Green
1731 Harrison Ave., N. W.
Roanoke, VA 24016
Cecil E. Greene
5830 Waybum Drive
Roanoke, VA 24019
L. M. Harmon
434 Chapman
Salem, VA 24153
Marylen Harmon
5905 Dairy Road
Roanoke, VA 24019
Sherman Holland
3801 Red Fox Drive, N. W.
Roanoke, VA 24017
Evangeline B. Jeffrey
3731 Wilmont Ave., N. W.
Roanoke, VA 24017
982-1565
Martin Jeffrey
P. O. Box 2068
Roanoke, VA 24001-2868
345-6781
Ezra M. Jones, Jr.
1634 Shamrock St., N. W.
Roanoke, VA 24017
366-2314
Vernice J. Law
1019 Staunton Ave., N. W.
Roanoke, VA 24017
985-0961
Harfiett Lewis
1015 Palmetto St., N. W.
Roanoke, VA 24017
342-2708
Office of Grants Compliance
August 27, 1997
TO:
Interested Citizens
FROM:
SUBJECT:
Office of Grants Compliance
Summary of Comments from Public Meeting
Please find enclosed a copy of a summary of the comments made at the
public meeting held on Tuesday, August 19, 1997 in City Council Chambers
regarding the proposal submitted to the City of Roanoke by the Roanoke
Neighborhood Development Corporation (RNDC).
We would like to take this opportunity to thank all of you for coming to our
public meeting.
If you have any questions, please feel free to call our office at 853-6003.
VST/
Sincerely,
Vickie S. 'l'regubov
Grants Specialist
CC:
OGC staff
John Marlles, Chief, Planning and Community Development
Vernice Law, President, RNDC
Suite 221 541 Luck Avenue, S.W. Roanoke, Virginia 24016 (540) 853-6003
Public Meeting
August 19, 1997
Summary
Ms. Vickie Tregubov, Grants Specialist with the City's Office of Grants
Compliance, opened the meeting at 7 p.m., welcoming those attending and
introducing City staff present.
Ms. Tregubov described the meeting's agenda and structure, and explained that its
purpose was to present a summary of a proposal which the City had received from
the newly-organized Roanoke Neighborhood Development Corporation (RNDC).
The proposal would require amending the City's Consolidated Plan to make funds
currently committed to infrastructure improvements for Henry Street available to
the RNDC for a variety of organizational, community and economic development
activities. Ms. Tregubov stated that the City was reviewing the proposal and was
holding the meeting in order to obtain public comments as part of the decision-
making process.
Ms. Tregubov next introduced Ms. Claudia Whitworth, Chair of RNDC Board, who
described the RNDC's grass-roots nature and development. Ms. Whitworth
introduced the officers and other board members of the RNDC. She then called
upon Ms. Evelyn Bethel, Vice Chair of the RNDC, to give a summary of the
proposal.
Ms. Bethel indicated that the RNDC had grown out of the community reactions to
the Henry Street Plan presented to the public last year. Citizens desired an
approach which would incorporate community and residential development as well
as economic development. RNDC's proposal addresses four (4) concerns for the
Gainsboro and Henry Street areas: commercial rehabilitation; strengthening
families and community services; balance and diversity in the community; and
rehabilitation and preservation of historic structures in the area. Ms. Bethel
stressed that the intent was to revitalize the area while ensuring that residents can
remain in the area if they so choose. She added that 48 people had attended a
meeting the previous night and that 30 had indicated interest in participating in the
community leadership training included in the proposal.
Ms. Tregubov began the comment segment of the meeting, reminding the group
that anyone desiring to speak could sign up to do so. She recognized the
following individuals in the order listed.
o Jessie Brown -- Mr. Brown spoke in favor of the RNDC proposal.
o Linda Dennison -- Ms. Dennison spoke in favor of the RNDC proposal.
Public Meeting
August 19, 1997
Summary
o Martin Jeffrey -- Mr. Jeffrey spoke in favor of the RNDC proposal.
o Kit Kelso -- Mr. Kelso spoke in favor of the RNDC proposal.
o George Franklin -- Mr. Franklin spoke in favor of the RNDC proposal.
o Robert Gravely -- Mr. Gravely spoke in favor of the RNDC proposal.
o Elaina Lorritts-Duckett -- Ms. Lorritts-Duckett spoke in favor of the RNDC
proposal.
o Steven Stanley -- Mr. Stanley spoke in favor of the RNDC proposal.
o Aletha Bolden -- Ms. Bolden spoke in favor of the RNDC proposal.
o Frederica Monk -- Ms. Monk spoke in favor of the RNDC proposal.
Ms. Tregubov thanked the speakers for their comments. She stated that the City
is still reviewing the proposal and that comments could be submitted to the Office
of Grants Compliance through September 3, 1997.
Ms. Tregubov thanked everyone for attending and closed the meeting at 7:55 p.m.
Prepared by
Frank Baratta
Office of Grants Compliance
8/20/97
541Ludt Avenu~ 8oulhwest, Room221
Roatmk~ VA 24016
Au~lst 28, 199'/
A Spe~nnn's posi~on ~~ ~ m ~ f~ ~:
171~ Loadon Aventte, NW · Romugte, FZrginia · 24017 · (54~ 9tl~O?ft3
not Ix~ ~ of many C~ dl~om to mow fom~d in m in~uiw mature'.
C~d ,. C~op~,. ~
A Spe~mm~ ~n~.
c~: Oeor~m B. Frm~din
Roanoke, Virginia
September 22, 1997
97-36
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Approval of Amendment to the Annual Update to the
Consolidated Plan and Authorization to Execute an
Melrose/Rugby Neighborhood Forum, Inc.
HUD Entitlement
Agreement with
Each _v~ th~. City_ of Roanoke recei~'es Comnmni~ Development Block Grant (CDBG)
entitlement funds ~om the U. S. Department of Housing and Urban Development
(HUD) to implengllt a variety of community development progrsm~ These programs
are outlined each year as an Annual Update to the Five Year Consolidated Plan.
Bo
On February_ 10, 1997. the Melrose/Rugby Nei_~hborhood Forum submitted a proposal
requesting $38.300 for the purchase and rehabilitation of an unidentified building in
their neighborhood to use as an office and COrmvnmity center.
Co
On March 6. 1997. the Nei_~hhorhood and Economic Developm~mt Committee reviewed
the request. Due to the lack of information it was recommended that the project not
be funded.
On Maw, h 19. 1997, the B,,d~t Preparation Committee reviewed the request and it was
recommended that the project not be funded.
I1. ~urrent Situation:
By !_-tt__er dat~l April 8. 1997 and at the City_ Council meetin_~ on Ap_ill 21. 1997, Ms.
Estel~ McCaddm requested that City Council fund the project. The amount originally
requested was redu~d by $8.300.00. (See Attachment A)
Bo
On April 21. 1997. it was recommended that CRv Council approve the 1997/98
Community Development Block Grant (CDBG) Consolidated Plan, which did not
include funding for the Melrose~ Rugby Neighborhood Forum application for funds.
Co
City_ ~ffhAs bo-a__ workln_~ with the Melrose/Rugby Nei_~hborhood Forum to identify
the acorn! costs for funding the proiect.
Honorable Mayor and City Council
Page 2
Act~ai costs to oufcha.~e the buildin_n located at 1730 Melrose Avenue. NW and
pttrchaso a fttrnac~ is ~. (See Attachment B)
Eo
The City_ ofRonnnke w~l have to amend the Annual Uodate with the U. S. Department
of Housing and Urban Development.
Benefit to the City
D. Compliance with Federal re_tmlations
~tthnri,e the City_ Mnnn_oer to nmend the .Annual U?dnte with HUD, and also au~o~e
the City_ 1Vfnna_~er or Assistant City Mana_~er to execute, and the City Clerk to attest
a grant Agreement with the Melrose/Rugby Neighborhood Forum~ Inc. providing for
a grant of $30.000.00 in CDBG funds for the acquisition of a new facility and furnace,
said agreement to be approved as to form by the City Attorney. The grant Agreement
would be contingent on the fact that the Melrose/Rugby Neighborhood Forum, Inc.
would have the additional money to repair and renovate the building so that it is in
compllnnoe with an applicable codes as well as an applicable HUD regulations.
I. Benefit to the City_ win be to provide a co,~i~.mlty focal point for meetings,
activities and youth involvement.
2. Ftmdln? in the nmmmt of $30.000.00 in grant funds is available in C[)BG
Account NO.035-097-9740-5197.
o
~ is important to ensure timely acxp,i.~ition of the building. Sign,ficant
changes to the .AnnHal Update require a 30 day public review period
expires on September 15, 1997.
Com?iiance with Federal re_tmiations would be achieved as long .~, the
Melroso/Rnghy Neighborhood Forum continues its mi.~ion, thus providin_~ puhhc
sen/ices which benzfit low and moderate income fan,es. In addition, ~hould the
M/RNF fail to renovate the building, meet building codes, and not t~.c ~h¢
building, as a community center funds may have to be paid back to HI I)
Honorable Mayor and CityCouncil
Page 3
B. Do not 8uthoriT,~- the City_ Manager to amend the Annual U_odate with HUD, and do
not ~_milorize the City_ Mnnn_~er or A~.~i.~nnt City_ Msna_~er to execute an A_~reement
with the Melrose/Rugby Neighborhood Fon~m for the activity outlined above.
1. Benefit to the CRy_ would be nothing; and efforts to provide a community focal
point for meetings, activities and youth involvememt will be im.?ede~L
2. ~ would not be an issue.
3. ~ would not be an issue.
4. Conmllsnce with Federal retaliations would not be an issue.
V. Recommendation:
I1~ is recommended that City_ Council concur in Alternative A and authorize the City Manager to
do the following:
~,mhorize the City_ M~a_~er or ,A.~i~snt City_ Mana_~er to execute, and the City Clerk
to attest a grant Agreement with the Melrose/Rugby Neighborhood For~un~ Inc.
providing for a grant of I;30.000.00 in CDBG funds for the acqui.~tion of a new
facility and furnace, said agreement to be approved as to form by the City Attorney.
The grant Agreement would be contingent on the fact that the Melrose/Rugby
Neighborhood Forum, Inc. would have the additional money to repair and renovate the
building so that it is in compliance with all applicable codes as well as all.. applicable
HUD regulations.
Transfer the CDBG funds, ($30.000.00), from CDBG Contingancy Account No. 035-
035-097-9740-5197 to Account No. 035-097-9737-5160 entitled Melrose/Rugby
Neighborhood Forum.
/~mri th~. ~.nnn.l Plan ._mhmit the at~ropriato ammdment ifn~r, essary, to HUD afier
the required 30 day citizen review period, provided there are no compelling objections
to the amendment.
W. Robert Herbert
City Manager
Honorable Mayor and City Council
Page 4
WRI-FC~
attachments
CC:
Assistant City Manager
City Attorney
Director of Fimmce
Director of Human Development
Director of Public Works
Director of Public Safety
Economic Development Admini.~trator
Admlni~ator, FDETC
Budget AdmlnL~trator
Office of Grants Compliance
Chief of Pl*nnlng Department
Roanoke Neighbodmod Parmer~ip
Executive Director, Melrose/Rugby Neighborhood Forum
c:~agre~nm~,mf ~pt
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 31, 1998
The Honorable David A. Bowers
Mr. Bruce N. Brenner
Mr. Beverly T. Fitzpatrick, Jr.
Mr. Wilbum C. Dibling, Jr.
Mr. Robert W. Glenn
Mr. Lawrence H. Harnlar
Mr. Robert B. Marietta
Ms. Alice B. Roberts
Mr. H. Wesley White
Dear Miss Roberts and Gentlemen:
SANDRA H. EAKIN
Deputy City Clerk
At the last meeting of the Henry Street Revival Committee on November 6, 1996, Mayor David A.
Bowers, who was serving as Chairman of the Henry Street Revival Committee, declared the
Committee disbanded as the last item of business on the agenda. Prior to that action, Alice B.
Roberts, Treasurer, reported that the Committee had a checking account balance of $28.64 as of
November 1, 1996, and a savings account balance of $9,343.83 as of October 1, 1996. Thereafter,
the Chair inquired if the Committee would agree to place the funds in trust with the Director of
Finance for disposition by a duly designated entity of the City Council to be used for Henry Street
with notice in advance to the current members of the Committee as to how the funds are proposed
to be used and with an opportunity for the current Committee members to voice concern and ask
questions with respect to any proposed use. The Committee approved the Mayor's suggestion and
adopted a motion that the City Clerk will provide yearly notice to the members of the Committee
as to the status of the funds until the funds have been used for a designated purpose.
I am enclosing copy of Resolution No. 33604-100697 adopted by the Roanoke City Council on
October 6, 1997, designating the Roanoke Neighborhood Development Corporation as the recipient
of funds which were formerly held by the Mayor's Henry Street Revival Committee for
infrastructure improvements for Henry Street; authorizing the City Manager to amend the Annual
Update of the Entitlement Consolidated Plan for fiscal year 1997-98, to execute documents in
connection with said amendment; and authorizing execution of the Administrative Agreement with
the Roanoke Neighborhood Development Corporation.
The Honorable David A. Bowers
Mr. Bruce N. Brenner
Mr. Beverly T. Fitzpatrick, Jr.
Mr. Wilburn C. Dibling, Jr.
Mr. Robert W. Glenn
Mr. Lawrence H. Hamlar
Mr. Robert B. Manetta
Ms. Alice B. Roberts
Mr. H. Wesley White
December 3 l, 1998
Page 2
I am also enclosing copy of a resolution adopted by the Roanoke Neighborhood Development
Corporation on November 20, 1998, advising that the $9,649.00 plus interest in an account formerly
held by the Henry Street Revival Committee is proposed to be used for professional
engineering/design services along Henry Street.
As a former member of the Henry Street Revival Committee, please provide the undersigned with
any comments, questions or concerns by January 15, 1999, with regard to the proposed use of funds
by the Roanoke Neighborhood Development Corporation.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ec
Enclosure
pc:
Vemice Law, President, Roanoke Neighborhood Development Corporation, 1509 Lafayette
Boulevard N. W., Roanoke, Virginia 24017
F. A. Johnson, President, F. A. Johnson Consulting Group, 1520 Senate Street,
Columbia, South Carolina 29201
W. Robert Herbert, City Manager
James D. G-risso, Director of Finance
Vickie S. Tregubov, Grants Monitor, Office of Grants Compliance
ROANOKE NEIGHBORHOOD DEVELOPMENT CORPORATION
RESOLUTION
Thc Directors of the corporation, hereby consent to take the following action:
WHEREAS, the Mayor's Henry Street Revival Committee was established to promote
development along Henry Street; and
WHEREAS, on October 6, 1997, Roanoke City Council appropriated $9,649.00 plus interest in an
account formerly held by the Henry Street Revival Committee to assist the Roanoke Neighborhood
Development Corporation (Hereinafter "RNDC") in its Pre-Development work program; and
WHEREAS, the $9,649.00 plus interest in an account formerly held by the Hen~ Street Revival
Committee have not been expended by RNDC; and
WHEREAS, the City of Roanoke has requested RNDC to advise the City of the anticipated use of
the appropriated funds; and
WHEREAS, on November 20, 1998, a meeting was held by the RNDC Executive Committee to
allocate the $9,649.00 plus interest in an account formerly held by the Henry Street Revival Committee to
be utilized for Professional Engineering/Design services; and
Pursuant to the foregoing, the following resolutions and actions are hereby consented to and
adopted:
NOW THEREFORE, BE IT RESOLVED, that the $9,649.00 plus interest in an account formerly
held by the Hemy Street Revival Committee, which was appropriated to RNDC by the City of Roanoke,
shall be utilized for professional engineering/design services along Henry Street.
RESOLVED, that the appropriate officers are authorized and directed to execute necessary
documents consistent with these resolutions.
RESOLVED, that the Secretary of the corporation is instructed to place the contents of this
resolution in the official corporate minute book of the corporation.
IN WITNESS WHEREOF, ROANOKE NEIGHBORHOOD DEVELOPMENT CORPORATION has
mused this resolution to be adopted on this 20th day of November 1998.
ROANOKE NEIGHBORHOOD
DEVELOPMENT CORPORATION
As Its President "--"~ ~
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #60-72-236-304-305
~andra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33606-100697 authorizing acceptance of a grant
from the United States Department of Health and Human Services to provide services at
the City's Crisis Intervention Center (Sanctuary), and authorizing execution of the
necessary documents. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, October 6, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:gd
Attachment
pc;
James D. Grisso, Director of Finance
Wilburn C. Dibling, Jr., City Attorney
Glenn D. Radcliffe, Director, Human Development
Diane S. Akers, Budget Administrator, Office of Management and Budget
Andrea Krochalis, Program Manager, Crisis Intervention Center
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 1997.
No. 33606-100697.
A RESOLUTION authorizing the acceptance of a grant from the
United States Department of Health and Human Services to provide
services at the City's Crisis Intervention Center (Sanctuary); and
authorizing the execution of the necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the United States
Department of Health and Human Services' Runaway and Homeless Youth
Program Grant to be used to augment client services at the City of
Roanoke's Crisis Intervention Center through the Sanctuary Outreach
Program as set out and described in the City's application for said
grant, and as more particularly set forth in the October 6, 1997,
report of the City Manager to this Council.
2. The City Manager, W. Robert Herbert, or the Assistant
City Manager, and the City Clerk, are hereby authorized to execute,
seal and attest, respectively, the grant agreement and all
ancillary documents required to accept the grant, including any
documents providing for indemnification by the City as are required
for the City's acceptance of this grant. Said documents to be
approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such
additional information as may be required by the United States
Department of Health and Human Services in connection with the
City's acceptance of the grant.
ATTEST:
City Clerk.
H:\RES\R-RUNAWA.<)7
Mary F. Parker, CMCIAAE
city C~erk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File ~0-72-236-304-305
Sandra H. Eakin
Deputy City Clerk
Mr. James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33605-100697 amending and reordaining certain
sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of
$90,000.00 for services to runaway and homeless youth at the City's Crisis Intervention
Center (Sanctuary). The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, October 6, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
Attachment
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Glenn D. Radcliffe, Director, Human Development
Diane S. Akers, Budget Administrator, Office of Management and Budget
Andrea Krochalis, Program Manager, Crisis Intervention Center
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 1997.
No. 33605-100697.
AN ORDINANCE to amend and reo~'dain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Health and Welfare $ 3,893,172
Runaway and Homeless 9/97-8/98 (1-5) ................... 90,000
Revenue
Health and Welfare $ 3,893,172
Runaway and Homeless 9/97-8/98 (6) ..................... 90,000
1) Regular Employee
Salaries
2) FICA
3) Administrative
Supplies
4) Training and
Development
5) Program Activities
6) Runaway and
Homeless Grant
(035-054-5134-1002)
(035-054-5134-1120)
(035-054-5134-2030)
(035-054-5134-2044)
( 035-054-5134-2066)
(035-035-1234-7263)
$ 67,025
16,880
646
2,549
2,900
90,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
RECEIVED
CITY CLERKS OFF!CE
'97 OOT -1
Roanoke, Vi rginia
October 6, 1997
Report #9?-707
The Honorable Mayor and Hembers of City Council
Roanoke, Virginia
Dear' Mayor and Members of Council:
SUBJECT:
Acceptance of United States Department of Health and
Human Services funds under the provisions of the Runaway
and Homeless Youth Act to provide services to runaway and
homeless youth a't the City of Roanoke's Crisis
Intervention Center (Sanctuary).
BACKGROUND
The City of Roanoke has received Proqram Grant
Number 03CYO269/09 in the amount of $90,000 from
the U.S. Department of Health and Human Services to
administer Sanctuary's Outreach program for runaway
and homeless children.
Funds are for use September 1, 1997 through August
31, 1998. The funds are used to cover the salaries
of three quarters of the Outreach Coordinator's
position, a Group Home Counselor II, a Group Home
Counselor I position and related program
activities.
B o
The U.S. Department of Health and Human Services
awards grants for services in three year cycles.
The total grant project period is currently
Sept:ember 1, 1995 through August 31, 1998.
Co
Accomplishments durinq the grant_, period have
in(; luded:
2.
3.
4.
5.
o
Provided weekly parent education/support
groups.
Provided weekly youth educat ion/support groups.
Regular participation in school student
support teams by staff.
Served over one hundred and thirty families.
Special art therapy projects including the
Norwich Community Mural, Downtown Learning
Center Children's Mural, United Way Day of
Caring Mural and mural on Scooch's Restaurant.
Established therapeutic recreation program for
at risk youth.
Served an average monthly population of
twelve clients and their families.
The Honorable Mayor and Members of City Council
Page 2
October 7, 199~
II. ISSUES
Bedspace - an increased need for therapeutic
placement exists in the community.
A waiting list of six to thirty children often
exists for placement at the Crisis
Intervention Center. Referrals for placements
come from schools, Juvenile and Domestic
Relations District Courts, police departments,
and self referrals are also accepted.
¸2.
Sanctuary Outreach works with clients from the
Crisis Intervention Center waiting list and
provides services to eliminate or reduce the
need for removal from home.
B. Budget
III.
ALTERNATIVES
Authorize the City Manaqer to execute required
documents to accept the United States Department of
Health and Human Services' Runaway and Homeless
Youth Program Grant, Number 03CYO269/09 and
appropriate $90,000.00 in the Grant Special Revenue
Fund.
Bedspace - Sanctuary Outreach can continue to
provide services to clients until bedspace is
available.
Budqet- Funds have been approved for use in
the City. Local funding is in-kind funding
for:
a. Supervision from Sanctuary Crisis
Intervention Center Program Manager.
b. City of Roanoke's financial and
support services.
c. Motor vehicle use.
This in-kind contribution is included in the
Budget for Sanctuary Crisis Intervention
Center, which provides support to this program.
The Honorable Mayor and Members of City Council
Page 3
October 7, 1997
Do not authorize the City Manager to accept the
United States Department of Health and Human
Services' Runaway and Homeless Youth Program Grant,
Number 03CYO269/09.
Bedspace - Clients oil the Sanctuary waiting
list will receive rio services until bedspace
is available.
Budget - Funds already received by the City
wi. il have to be returned to the U.S.
Department of Health and Human Services.
IV.
RECOMMENDATIONS
ao
Authorize the City Manager to execute grant
agreement and ancillary documents required to accept
the United States Department of Heaith and Human
Services' Runaway and Homeiess Youth Program Grant,
Number 03CYO269/09.
Appropriate $90,000.00 of Federal grant funds to
the following revenue and expenditure accounts to
be established in the Grant Special Revenue Fund by
the Director of Finance:
1002 Req Emp]_oyee Salaries
1120 FICA
2030 Admin Supplies
2051 Travel
2066 Program Activities
Total
$67,025
$16,880
$ 646
$ 2,549
$ 2,900
$90,000
Federal Grant Revenue
$90,000
Respectfully Submitted,
W. Robert Herbert
City Manager
The Honorable Mayor and Members of City Council
Page 4
October 7, 1997
C (;:
Glenn D. Radcliffe, Director of Human Resources
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Diane Akers, Budget Administrator
Andrea Krochalis, Program Manager
Mary F. Parker, CMCIAAE
C~y C~rk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #60-236-323-353
Sandra H. F. akin
Deputy city c~er~
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33608-100697 accepting a Library Services and
Technology Act Title I Subregional Library for the Blind Grant. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, October 6, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
Attachment
pc:
James D. Grisso, Director of Finance
Wilburn C. Dibling, Jr., City Attorney
Glenn D. Radcliffe, Director, Human Development
Beverly A. James, City Librarian
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 1997.
No. 33608-100697.
A RESOLUTION accepting a Library Services and Technology Act
Title I Subregional Library for the Blind Grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby accepts a Library Services and Technology
Act (LSCA) Title I Subregional Library for the Blind Grant in the
amount of $7,359.00, to be used for enhanced library service for
the visually and physically challenged, as more particularly set
forth in the October 6, 1997, report of the City Manager to this
Council.
2. The City Manager, or the Assistant City Manager, is
hereby authorized to execute any and all requisite documents,
including any documents providing for indemnification by the City
as are required for the City's acceptance of this grant, upon form
approved by the City Attorney, and to furnish such additional
information as may be required in connection with the City's
acceptance of this grant.
ATTEST:
City Clerk.
H \RES',R-LIB-BL.~7
Mary F. Parker, CMCIAAE
c~ c~
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #60-236-323-353
~andra H. Eakin
Deputy c~ C~,rk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33607-100697 amending and reordaining certain
sections of the 1997-98 Grant .Fund Appropriations, providing for appropriation of
$7,359.00 in connection with enhanced library services for the visually and physically
challenged. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, October 6, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
Attachment
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Beverly A. James, City Librarian
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 1997.
No. 33607-100697.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Parks, Recreation and Cultural $ 29,827
Subregional Title I Grant (1-2) ............................. 7,359
Revenue.
Parks, Recreation and Cultural $ 29,827
Subregional Title I Grant (3) .............................. 7,359
1) Temporary Employee
Wages
2) FICA
3) Subregional Title I
Grant
(035-O54-5045-1004)
(035-054-5045-1120)
(035-035-1234-7267)
$ 6,835
524
7,359
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
The Honorable Mayor David A. Bowers
and Members of Council
Roanoke, Virginia
Mayor and Members of Council:
RECEIVED
CITY CLERKS OFFICE
October 06, 1997
'97 01~T -1 P_3:3~; #97-709
SUBJECT:
LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA)
TITLE I SUBREGIONAL LIBRARY FOR THE BLIND GRANT
II.
BACKGROUND
Federal aid throuqh an LSTA Title 1 Grant for $7,359.00 has been
approved for the Roanoke City Public Library by the Library and
Resource Center of the Virginia Department for the Visually
Handicapped for fiscal year 1997-98.
Roanoke City Public Library is a Subregional Library for the
visually and physically challenged residents of the 5th Planning
District.
CURRENT SITUATION
The number of volumes in the Subregional Library collection has
increased 67% since 1991.
Usage of Subreqional Library services has increased by 32.5%
since 1991.
Support staff hours are needed to allow the Subregional Librarian
to spend more time serving clients, 80% of whom require
assistance in material selection.
Library Administration recommends that the Subregional Grant of
$7,359.00 be used to:
Continue the hours of an existing part-time temporary Library
Assistant to maintain the collection and files for the Subregional
Library for the visually and physically challenged.
Mayor and Members of Council
Page 2
#97-709
III.
IV.
ISSUES
A. Quality of service to the visually and physically challenged
B. Budget Concerns
C. Compliance with Requlations
ALTERNATIVES
A. Accept the LSTA Title 1 Subreqional Library for the Blind Grant
and appropriate $7,359.00 to accounts to be established in the
Grant Fund.
1. Quality of service to the visually and physically challenged
Response to client requests for equipment and specific title
selections will be made in a timely manner.
2. Budget Concerns
Library services will be maintained without additional cost to
the City.
3. Compliance with Requlations
Grant must be expended by May 1, 1998.
B. Do not accept the LSTA Title 1 Subreqional Library for the Blind
Grant and do not appropriate $7,359.00 to the Grant Fund.
1. Quality of service to the visually and physically challenged
Response to client requests would be delayed.
2. Budget Concerns
Not an issue.
Mayor and Members of Council
Page 3
#97-709
3. Compliance with Requlations
Not an issue.
V. RECOMMENDATION
City Council concur with Alternative A and accept the LSTA Title I
Subregional Library for the Blind Grant in the amount of $7,359.00
and appropriate the funds to the following accounts to be
established in the Grant Fund:
1. $6835.00 to Temporary Employee Wages #035-054-5045-1004
2. $ 524.00 to FICA #035-054-5045-1120
Establish a revenue estimate of $7,359.00 for the Subregional Title
I Grant in the Grant Fund.
Authorize the City Manager or his designee to execute the
necessary documents accepting the Subregional grant for the
Roanoke City Public Library.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/GDR/BAJ/js
ccz
Wilburn C. Dibling, City Attorney
James Grisso, Director of Finance
Glenn Radcliffe, Director of Human Development
Beverly James, City Librarian
Mary F. Parker, CMCIAAE
c~y C~erk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #67-467
Sandra H. Eakin
Deputy city c~erk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33609 authorizing the City Manager to execute an
agreement between the Roanoke City School Board and the City of Roanoke, allowing the
City to operate a fitness center at the Breckinridge Middle School for use by the general
public, and authorizing establishment of user fees to be charged at the fitness center, upon
certain terms and conditions. The abovereferenced measure was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, October 6, 1997.
Council Member White requested a breakdown on the market value of fitness center
services provided at Breckinridge Middle School compared to the same services provided
by a private facility.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
Attachment
pc:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Ramsuer, Clerk, Roanoke City School Board
W. Robert Herbert
October 8, 1997
Page 2
pc:
John W. Coates, Manager, Parks and Recreation/Grounds Maintenance
James J. Newman, Business Coordinator, Parks and Recreation
Melida G. McKee, Recreation Coordinator, Parks and Recreation
John L. Pompey, Recreation Coordinator, Parks and Recreation
Glenn A. Asher, Risk Management Officer
Howard E. Light, Director of Health and Physical Education, Roanoke City Public
Schools
Gerald W. McDearmon, Principal, Breckinridge Middle School, Roanoke City Public
Schools
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 1997.
No. 33609-100697.
A RESOLUTION authorizing the City Manager to execute an
agreement between the Roanoke City School Board and the City of
Roanoke, allowing the City to operate a fitness center at the
Breckinridge Middle School for use by the general public, and
authorizing the establishment of user fees to be charged at the
fitness center, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager and the City Clerk are hereby authorized, for and on
behalf of the City, to execute and attest, respectively, the
agreement between the Roanoke City School Board and the City of
Roanoke, approved as to form by the City Attorney, allowing the
City of Roanoke to operate a fitness center in specified areas at
the Breckinridge Middle School for use by the general public, and
authorizing the establishment of user fees to be charged at the
fitness center, said fees to be no less than the fees set forth in
the City Manager's report dated October 6, 1997, all of which shall
be upon the terms and conditions as more particularly set forth in
the City Manager's report dated October 6, 1997.
ATTEST:
City Clerk.
H;\RES\R-FITNES I B
RECEIVED
CITY CLERKS OFFICE October 6, 1997
Council Report #97-189
'97 OOT-2 P4:02
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT:
Authorization of an Agreement permitting the
Parks and Recreation Department to operate a
public fitness center within specified areas of
Breckinridge Middle School and authorization for
the City Manager or his designee to set usage
fees for said facility
BACKGROUND:
ae
Roanoke City Public Schools scheduled a complete
renovation of Breckinridge Middle School to occur
between June, 1996 and August, 1997.
B. A fitness room was designed into the renovation.
Ce
Physical fitness equipment totalling $36,000 was
approved for purchase by Parks and Recreation
under the FY97 CMERP program.
II.
CURRENT BITUATION:
ae
Breckinridge Middle School renovations have been
completed and the facility opened to students in
August, 1997.
Be
The fitness room has been completed and is
available for use.
Ce
Fitness equipment totalling $34,303 has been
purchased by Parks and Recreation. The equipment
is in place, available for use.
De
Roanoke City Public Schools is using the fitness
room and equipment for physical education classes
and sports conditioning.
Honorable Mayor and Council Members
Breckinridge Fitness Center Agreement
October 6, 1997
Council Report #97-189, Page 2
Ee
Fe
Ge
Je
Roanoke City Parks and Recreation plans to
operate the facilities as a public fitness
center, open to the general public, during non-
school hours. Facilities consist of: fitness
room, foyer area leading into the fitness room,
the gymnasium, the restrooms, the cafeteria,
three (3) classrooms, the men's and ladies'
locker rooms on the lower floor, and all
adjoining common areas of Breckinridge Middle
School.
Initial fees to be charqed for fitness room usag~
to all persons are: City Residents - $10.00 per
month or $2.00 per visit, all others - $15.00 per
month or $3.00 per visit. Entrance fees for
other areas, to include: foyer area leading into
the fitness room, the gymnasium, the restrooms,
the cafeteria, three (3) classrooms, the men's
and ladies' locker rooms on the lower floor, and
all adjoining common areas of Breckinridge Middle
School will not be charged.
Roanoke City School Board shall have the right to
utilize the facilities during times granted to
the City of Roanoke in the Agreement, provided
that the School Board gives the Manager of Parks
and Recreation, fourteen (14) days prior written
notice.
Operational costs for weekday custodial services
and weekday utilities shall be paid by the School
Board. Other operational costs shall be paid by
the City, through the Department of Parks and
Recreation.
City Council approval of the Agreement (attached)
between the City of Roanoke and the Roanoke City
School Board is required if Parks and Recreation
is to operate the fitness center.
The Fee Compendium and City Cod- do not currently
address the charging of fees at community fitness
centers as this is the first such center in the
City.
Honorable Mayor and Council Members
Breckinridge Fitness Center Agreement
October 6, 1997
Council Report ~97-189, Page 3
III. ISSUES:
A. Support
B. Legal
C. Facility Utilization
IV.
ALTERNATIVES:
ao
city Council authorize the attached Agreement to
be approved as to form by City Attorney and
executed by City Manager, and authorize the City
Manager, or his designee, to establish user fees
for the use of Breckinridge Fitness Center so
long as such fees do not fall below the minimum
fees stated in said Agreement.
Support for expanded recreational
programming serving City residents would be
affirmed.
Legal authority is vested in Council to
enter into an Agreement regarding usage of
School Board owned facilities.
3. Greater utilization of School Board
facilities would be achieved.
Be
City Council not authorize the attached Agreement
to be approved as to form by City Attorney and
executed by City Manager, and not authorize the
City Manager, or his designee, to establish user
fees for Breckinridge Fitness Center.
Support for expanded
programming by way of
partnership serving City
not be affirmed.
recreational
a City/School
residents would
Legal authority vested in Council to enter
into an Agreement is moot.
Utilization of School Board facilities would
not be increased.
Honorable Mayor and Council Members
Breckinridge Fitness Center Agreement
October 6, 1997
Council Report ~97-189, Page 4
Ve
RECOMMENDATION is that City Council concur with
Alternative "A", and
authorize the City Manager to execute an
Agreement between the Roanoke City School Board
and the City of Roanoke allowing Parks and
Recreation to operate specified areas of
Breckinridge Middle School as a public fitness
center authorize the City Manager, or his
designee, authority to establish user fees to be
charged at the fitness center so long as such
fees do not fall below the minimum fees stated in
said Agreement.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/jjn
Attachment
CC:
City Attorney
Director of Finance
Director of Public Works
Manager, Parks & Recreation
Business Coordinator, Parks & Recreation
Recreation Superintendent, Parks & Recreation
Recreation Coordinators (2), Parks and Recreation
City Risk Management officer
Superintendent, Roanoke City Public Schools
Assistant Superintendent for Operations, Roanoke City
Public Schools
Director of Health & Physical Education, Roanoke
City Public Schools
Principal, Breckinridge Middle School, Roanoke City
Public Schools
Department of Finance
City of Roanoke, Virginia
October 6, 1997
RECEIYEO
CITY CLERKS
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
August Financial Report
This financial report covers the first two months of the 1997-98 fiscal year. The following narrative
discusses revenue and expenditure trends to date.
REVENUE
General Fund revenues reflect an increase of 9.82%, or $758,000, compared to FY97. Variances in specific
categories of revenues are as follows:
General Property Taxes have increased 4.78%, or $46,000, due to growth in personal property tax and
penalties and interest. Most general property tax revenue is received in future fiscal months as the taxes
become due.
Other Local Taxes have decreased $35,000, or .88% due to a decline in prepared food and beverage taxes.
Sales tax has increased approximately 3.7%, while some of the other local taxes have decreased slightly.
Permits, Fees and Licenses decreased $26,000 or 18.82% due to a decline in building inspection fees and
street opening permits. Bingo audits are no longer being performed, also causing a decline in this category.
Grants-in-Aid Commonwealth are up $780,000 or 52.04%. Social services reimbursements from the
Commonwealth have increased across the board, and more CSA funds have been received through August
1997 than August 1996. City Jail Block grant revenue has also been recorded earlier in the current year
due to a difference in the timing of the billing. Revenues from the Virginia Juvenile Community Crime
Control Act (VJCCCA) have also increased in the current year.
Grants-in-Aid Federal Government have increased since the prior year because FEMA revenues have
been received this year while none were received through August 1996.
Charges for Services have increased $51,000 or 11.18% due to increased billings for weed cutting and
demolitions.
Miscellaneous Revenue has decreased $100,000. Last year, a surplus sale was held in July, whereas this
year one is scheduled for November 1.
Internal Services have increased $50,000 or 24.97% due to increased billings by Custodial Services and
Engineering. Street Maintenance billings have declined.
Honorable Mayor and Members
Roanoke City Council
October 6, 1997
Page 2
EXPENDITI. IRE$ AND ENCUMBRANCES
Expenditures and encumbrances in the General Fund have increased 6.88% or $2,100,000 since FY97.
Variances in individual expenditure categories are discussed as follows:
Judicial Administration expenditures have increased 22.33% or $135,000. The Clerk of Circuit Court
has purchased microfilming and other office equipment and is having numerous volumes of legal documents
permanently bound. Personal services expenditures in the Sheriff and Commonwealth's Attorney
departments have also risen.
Public Safety expenditures have increased $417,000 or 7.23%. Salaries and wages in the labor-intensive
Police and Fire departments have increased as employee raises took effect July 1. Equipment purchases
have been made in the Jail, Police, and Juvenile Detention Home departments. Recovered costs have
declined at the Juvenile Detention Home, causing departmental expenditure totals to rise. Expenditures of
nearly $100,000 have been made by Building Inspections for demolitions of condemned properties.
Public Works expenditures have risen $1,060,000 or 20.04%, mostly due to the purchase of automated
refuse containers by the Solid Waste Management department. Approximately 35,000 95-gallon and nearly
1,000 64-gallon containers have been ordered.
Community Development expenditures have increased 10.42% or $44,000 due to increased fees for
professional services in the Community Planning department.
Transfer to Debt Service has decreased 11.06% or $749,000. Numerous bond issues require semi-annual
principal and/or interest payments during the month of August. The Series A-7 Jail Facility bonds matured
in August 1996, therefore a transfer to debt service was not required for this issue in the current year,
causing this category to decline.
Nondepartmental expenditures rose $792,000 due to increased transfers to the Fleet Management and
Grant Funds in FY98. This category is comprised mostly of transfers to other funds and miscellaneous,
non-recurring expenditures. The General Fund receives funds from the State for the VJCCCA and other
programs, and these are transferred to the Grant Fund where the programs are accounted for.
I would be pleased to answer any questions which City Council may have regarding the monthly financial
statements.
IDG/AHA/pac
Attachments
Dir~cior 'of Finance
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
AUGUST 31, 1997
Balance July 1,1997
Ordinance
Number Department
CMT004 Recreation
33556 Transfer to Grant Fund
CMT006 Virginia Cooperative Extension Service
CMT008 Recreation
CMT014 City Clerk
Balance August 31, 1997
Pur_m3se
Music for Americans and Blues and
Jazz Festival
Local Funding of Office on Youth
Local Share of Funding
Boxing Program Supplies
Advertising for Public Hearing on
Modified Election Distric System
$367,576
(5,000)
(4,642)
(1,657)
(2,213)
(6,700)
$347,364
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Year to Date for the Period
Current Fiscal Year
Percent of
Revised Revenue
July I - August 31, July I - August 31, Percentage Revenue Estimate
Revenue Source 1996-97 1997-98 of Change Estimates Received
General Property Taxes $.945,341 $980,572 4.78 % $65,820,500 1.50%
Other Local Taxes 3,992,121 3,~36,855 (0.88)% 50,179,922 7.89°/0
Permits, Fees and Licenses 13~,333 113,106 (18.82)% 5~0,977 19.14%
Fines and Forfeitures 170,524 150,961 (5.61) % 925,000 17.40°/0
Revenue from Use of Money and Property 196,464 191,460 (2.55)% 1,061,776 18.03%
Grants-in-Aid Commonwealth 1,496,982 2,278,991 52.04 % 38,078,0;9 5.99%
Grants-in-Aid Federal Government 8,492 100.00 % 33,970 25.00°/0
Charges for Services 453,130 50G,778 11.18 % 3,287,020 15.33o/0
Miscellaneous Revenue 125,226 25,228 (79.85) % 302,200 8.35%
Internal Services 200,621 250,720 24.97 % 1,912,000 13.11%
Total $7,721,742 $8~480,161 9.82 % $162,191,464 5.23%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
July I - August 31, July I - August 31,
Expend itu res 1996-97 1997-98
General Government $1,653,055 $1,691,823
Judicial Administration 606,102 741,451
Public Safety 5,765,928 6,182,982
Public Works 5,286,146 6,345,503
Health and Welfare 2,545,258 2,602,571
Parks, Recreation and
Cultural 805,354 806,844
Community Development 420,878 464,741
Transfer to Debt Service
Fund 6,775,198 6,025,720
Transfer to School Fund 6,437,901 6,751,022
Nondepartmental 228,576 1,020,980
Total $30,534,396 $32,633,637
Percentage
of Change
1.73 %
22.33 %
7.23 %
20.04 %
2.25 %
Current Fiscal Year
Unencumbered
Balance
$9,131,634
3,660,5,39
32,800,405
18,729,028
20,457,678
Percent of
Revised Budget
Appropriations Obligated
$10,823,457 15.63o/0
4,401,990 16.84%
38,983,387 15.86°/0
25,074,531 25.31%
23,060,247 11.29°/0
0.19 % 3,395,925 4,202,769 19.20o/0
10.42 % 2,279,706 2,744,447 16.93%
(11.06)% 3,485,080 9,510,800 63.360/0
4.86 % 33,755,107 40,506,129 16.67o/0
346.67 % 5,235,216 6,256,196 16.32%
6.88 %
$132,930,316
$165,563,953 19.71%
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
STATEMENT OF REVENUE
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
Year to Date for the Period
July 1-Aug 31 July l-Aug 31 Percentage
1996-97 1997-98 of Change
$715,259 $699,406 (2.22)
4,534,926 4,681,445 3.23
(84,695) 34,949 (141.26)
157,485 218,315 38.63
6,437,901 6,751,022 4.86
1,049,853 2,418,204 130.34
$12,810,729 $14,803,341 15.55 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$7,740,411 9.04%
32,826,175 14.26%
2,473,172 1.41%
2,994,806 7.29%
40,506,129 16.67%
2,286,722 N/A
$88,827,415 16.67%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
July 1-Aug 31 July 1-Aug 31 Percentage Unencumbered Revised
Expenditures 1996-97 1997-98 of Change Balance Appropriations
Instruction $3,826,391 $3,958,414 3.45 %
General Support 444,519 519,377 16.84 %
Transportation 189,183 185,026 (2.20) %
Operation and
Maintenance of Plant 2,072,148 2,323,359 12.12 %
Food Services 226,702 200,735 (11.45) %
Facilities 652,628 887,347 35.97 %
Other Uses of Funds 1,680,457 3,141,958 86.97 %
Special Purpose Grants 1,963,664 2,286,722 16.45 %
Total $11,055,692 $13,502,938 22.14 %
$60,281,075
2,688,748
2,788,117
7,227,844
3,613,418
532,619
$77,131,821
$64,239,489
3,208,125
2,973,143
9,551,203
3,814,153
887,347
3,674,577
2,286,722
$90,634,759
Percent of
Budget
Obligated
6.16%
16.19%
6.22%
24.33%
5.26%
100.00%
85.51%
N/A
14.90%
3
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1997
Expenditures Unexpended Outstanding Unencumbered
Budget To Data Balance Encumbrances Balance
General Government $14,046,250 $7,560,729 $6,485,521 $887,273 $5,598,248
Public Safety 9,669,077 9,512,025 157,052 - 157,052
Education 24,948,464 19,275,027 5,673,437 5,049,326 624,111
Community Development 1,041,000 82,269 958,731 958,731 -
Recreation 940,407 370,759 569,648 146,507 423,141
Streets and Bridges 22,806,255 11,849,544 10,956,711 1,135,504 9,821,207
Sanitation Projects 362,396 274,051 88,335 27,273 61,062
Traffic Engineering & Communications 1,935,300 1,463,044 472,256 76,333 395,923
Other Infrastructure Projects 7,658,362 3,429,215 4,229,147 130,781 4,098,366
Capital Improvement Reserve 12,083,512 12,083,512 12,083,512
Total
$96~491,023 $53,816,673 $41,674,360 $8,411,728
$33,262,622
4
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1997
Operating Revenue
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
County of Roanoke
City of Salem
Customer Services
Total Operating Revenue
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenue (Expenses)
Interest on Investments
Rent
Miscellaneous Revenue
Interest Expense
Total Nonoperating Revenue (Expenses)
Net Income
1997
$537,032
480,362
38,987
3,971
281,356
126,500
1,468,208
219,176
417,942
236,095
873,213
594,995
55,752
3,670
7,931
(243,542)
(176,189)
$418,806
1996
$559,486
482,279
36,435
3,929
355,022
883
89,040
1,527,074
213,903
599,613
156,462
969,978
557,096
52,280
845
6,047
(263,810)
(204,638)
$352,458
5
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1997
Operating Revenue
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenue
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenue
Interest on Investments
Miscellaneous Revenue
Total Nonoperating Revenue
Net Income
1997
$1,204,072
153,231
34,671
105,102
16,479
25,714
8,959
1,548,228
263,522
475,759
162,742
902,023
646,205
84,574
5,683
90,257
$736,462
1996
$1,270,287
1 64,574
45,143
166,767
18,956
35,053
21,108
1,721,888
252,623
735,865
155,911
1,144,399
577,489
67,443
4,909
72,352
$649,841
6
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1997
Operating Revenue
Rentals
Parking Fee
Event Expenses
Advertising
Admissions Tax
Commissions
Novelty Fees
Total Operating Revenue
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenue
Transfer from General Fund
Interest on Investments
Miscellaneous
Total Nonoperating Revenue
Net Loss
1997
$53 381
9 028
20 405
3 085
29 082
13 907
12 324
141,212
147,215
128,934
70,924
347,073
(205,861)
6,038
787
6,825
($199,036)
1996
$42,484
2,592
13,393
475
7,454
6,526
72,924
147,664
173,323
63,860
384,847
(311,923)
2,728
528
3,256
($308,667)
7
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1997
Operating Revenue
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Surface Parking Lots
Total Operating Revenue
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenue (Expenses)
Transfer from General Fund
Operating Subsidy for GRTC
Interest on Investments
Interest Expense
Miscellaneous
Total Nonoperating Revenue (Expenses)
Net Income (Loss)
1997
$46,300
67,935
31,013
64,231
52,663
17,118
279,260
97,977
91,597
189,574
89,686
(3,297)
(58,106)
1,113
(60,290)
$29,396
1996
$58,391
74,390
28,344
78,134
46,600
21,211
307,070
98,213
86,752
184,965
122,105
(150,000)
(2,828)
(121,847)
4,131
(270,544)
($148,439)
8
CITY OF ROANOKE, VIRGINIA
NURSING HOME FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1997
Operating Revenue
Private Patient Fees
Medicaid Patient Fees
Medicaid Reimbursements
Total Operating Revenue
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenue
Transfer from General Fund
Interest on Investments
Total Nonoperating Revenue
Net Income (Loss)
1997
26,201
150,886
177,087
200,838
47,928
2,652
251,418
(74,331)
5,323
5,323
($69,008)
1996
$1,830
48,056
151,607
201,493
199,580
65,806
3,938
269,324
(67,831)
545,022
2,676
547,698
$479,867
9
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE MONTH ENDING AUGUST 31, 1997
Operating Revenue
Commission
Conference Center
Total Operating Revenue
Operating Expenses
Commission
Conference Center
Depreciation Expense
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenue (Expenses)
Proceeds from Brick Sales
Interest on Investments
Conference Center
Total Nonoperating Revenue
(Expenses)
Net Income (Loss)
Notes to Financial Statement:
(1)
(2)
1997 1996
CONFERENCE
COMMISSION (1) CENTER (2)
TOTAL
$ $ $ - $ -
394,332 394,332 275,146
394,332 394,332 275,146
6,260 6,260 9,238
367,697 367,697 267,346
77,498 7,883 85,381 78,181
83,758 375,580 459,338 354,765
(83,758) 18,752 (65,006) (79,619)
275 - 275 75
2,950 - 2,950 630
(2,129) (2,129) (2,399)
3,225 (2,129) 1,096 (1,694)
($80,533) $16,623 ($63,910) ($81,313)
The column entitled "Commission" represents Commission activity in the City's financial records.
The column entitled "Conference Center" represents actual revenue and expenses of the Conference
Center, as provided by Doubletree Management.
10
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1997
Operating Revenue
Charges for Services
Total Operating Revenue
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
llonoperating Revenue (Expenses)
City
Information
Systems
TOTALS
Materials Management Utility Line Fleet Risk
Control Servioes Servioes Management Management t997 t986
$438,747 $29,794 $31,632 $484,532 $275,832 $596,156 $1,856,693 $2,177,528
438,747 28,794 8t,882 484,682 276,882 686,t66 t,866,698 2,177,628
221,362 16,233 3,890 334,524 171,278 25,605 772,892 799,653
96,768 10,772 16,521 65,121 120,646 1,222,294 1,532,122 1,311,803
112,330 310 7,411 28,919 247,110 396,080 271,624
430,460 27,3t$ 27,822 428,664 639,034 t ,247,898 2,70t ,094 2,383,080
8,287 2,479 3,810 66,868 (263,202) (86t ,743) (844,431) (208,662)
Interest Revenue 19,050 (691) 2,046 12,313 13,747 84,531 130,996 107,907
Transfer from General Fund - 95,058 95,058 244,945
Net Nonoperating Revenue
(Expenses) t8,060 (88t) 2,046 t2,8t3 t08,8t6 84,63t 228,064 362,862
Net Income (Loss) $27,387 $1,788 $6,868 $68,28t ($tE4,38'/) ($667,2t2) ($618,337) $t47,300
11
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED AUGUST 31, 1997
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR
THE FUNDS OF SAID CITY FOR THE MONTH ENDED AUGUST 31, 1997.
GENERAL
WATER
SEWAGE
CIVIC CENTER
'TRANSPORTATION
CAPITAL PROJECTS
NURSING HOME
CONFERENCE CENTER
DEBT SERVICE
CITY INFORMATION SYSTEMS
MATERIALS CONTROL
MANAGEMENT SERVICES
UTILITY LINES SERV
FLEET MANAGEMENT
PAYROLL
RISK MANAGEMENT
PENSION
SCHOOL FUND
FDETC
GRANT
TOTAL
$12,646,732.20 $7,129,607.62 $12,700,980.86 ($1,291,163.46~
7,250,947.88 311,601.54 2,338,295.34 4,865,578.11
22,571,459.74 1,633,837.23 1,682,359.92 21,535,062.66 i
651,127.96 125,488.99 222,071.50 148,806.99~
(152,710.56) 124,875.59 454,129.63 (688,744.67)~
34,162,727.07 183,319.84 1,012,873.13 34,818,802.82
712,327.94 113,375.21 133,783.70 239,815.19
324,202.63 828.25 2,763.29 64,149.49
7,621,532.00 1,628,818.43 6,297,387.40 8,834,405.30
2,099,572.37 128,125.52 75,064.66 2,014,540.51
(76,523.75) 116,744.73 103,469.25 (92,139.02)~
224,877.51 15,935.31 16,011.40 199,804.61 1
1,386,607.54 363,814.03 59,809.69 1,365,219.01
1,622,168.91 33,173.89 246,288.62 1,043,203.74
(7,257,692.58) 8,158,778.49 8,479,965.26 (7,242,036.36)
9,075,827.24 673,145.54 470,186.62 9,390,023.78
900,689.85 457,394.13 919,890.73 403,429.48
9,212,344.18 4,048,985.88 2,773,954.78 9,919,610.82
86,962.58 58,892.25 128,553.75 57,475.29
952,032.53 432,386.12 265,596.63 197,517.16
$104,01~13.27_ $25,739~128.59 $38 ~,783~_361.45i
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY
OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED
AUGUST 31, 1997. THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN TRANSIT
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
OVERNIGHT INVESTMENT
REPURCHASE AGREEMENTS
U. S. TREASURY NOTES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
DATE: SEPTEMBER 11, 1997
DAVID C. ANDERSON, TREASURER
12
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 2 MONTHS ENDING AUGUST 31, 1997
Revenue
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amortization
Total Revenue
1997
$684,763
281,189
970,306
7,694
$1,943,952
1996
$754,906
270,187
1,013,105
5,435
$2,043,633
Expenses
Pension Payments
Fees for Professional Services
Bond Premium Amortization
Death Benefit
Administrative Expense
TotalExpenses
Netlncome
$1,468,563
29,754
53,692
16,216
7,787
1,576,012
$367,940
$1,363,815
(22,001)(1)
54,133
8,855
1,404,802
$638,831
(1) Reversal of accruals made at June 30, 1996
13
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
AUGUST 31, 1997
Assets
Cash
Investments:
(market value: (1997 $258,726,931
1996 $208,240,217)
Due from Other Funds
Other Assets
Total Assets
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Income - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
1997
$437,421
211,188,547
58
18,000
$211,644,026
$744,229
744,229
210,531,857
367,940
210,899,797
$211,644,026
1996
$403,119
174,118,062
3,056
18,000
$174,542,237_
$690,445
690,445
173,212,961
638,831
173,851,792
$174,542,237
14
Mary F. Parker, CMCIAAE
c~y C~rk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #102-110-200-518
Sandra H. Eakin
Deputy C~y Ck~rk
Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
At a regular meeting of the Council of the City of Roanoke on Monday, October 6, 1997,
you were requested to prepare the proper measure naming the Peters Creek Road
Extension Bridge over the Roanoke River, "Veterans Bridge".
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
pc:
Sloan H. Hoopes, Chair, War Memorial Committee, 2023 Maiden Lane, S. W.,
Roanoke, Virginia 24015
Harry E. Guilliams, Past Commander, Post #1264VFW, 3805 Melrose Avenue,
N. W., Roanoke, Virginia 24017
Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W.,
Roanoke, Virginia 24014
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
John R. Marlles, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Sandra H. Eakin, Secretary, War Memorial Committee
WAR MEMORIAL COMMITTEE
CITY OF ROANOKE
October 6, 1997
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Naming of Peters Creek Road Extension Bridge
Although the War Memorial Committee was not sure that this was a matter of their purview,
this matter was discussed at their meeting on August 27, 1997.
It was the consensus of the Committee, in view of the many worthwhile service
organizations, there might be many requests of individual naming of bridges, therefor, the
Committee suggests the following for your consideration:
1. That the bridge to be named would be the large bridge closer to
Shenandoah Avenue and the Virginia Veterans Care Center;
So as to include all veterans, the bridge could be named either the Veterans
Bridge or The Veterans Memorial Bridge;
That an appropriate plaque be placed on the structure in a conspicuous
location denoting the name of the structure, with a ceremony including
representatives of the various service organizations, at the time and date
that you desire.
Respectfully submitted,
Sloan H. Hoopes, Chairman
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
July 23, 1997
File #102-200-514-518
Sloan H. Hoopes, Chair
War Memorial Committee
2023 Maiden Lane, S. W.
Roanoke, Virginia 24015
Dear Mr. Hoopes:
I am enclosing copy of a report of the City Planning Commission and a resolution
recommending that the Peters Creek Road Extension bridge be named the Veterans of
Foreign Wars Bddge in honor of the veterans of foreign wars in the Roanoke Valley, which
report and resolution were before the Council of the City of Roanoke at a regular meeting
held on Monday, July 21, 1997.
On motion, duly seconded and adopted, the matter was referred to the War Memorial
Committee for report and recommendation to Council.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
Enc.
H:~GENI3A.~/MULY.21
Sloan H. Hoopes, Chair
War Memorial Committee
July 23, 1997
Page 2
pc:
Harry E. Guilliams, Past Commander Post #1264VFW, 3805 Melrose Avenue,
N. W., Roanoke, Virginia 24017
Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W.,
Roanoke, Virginia 24014
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, City Attorney
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
John R. Marlles, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
-Sandra H. Eakin, Secretary, War Memorial Committee
H:~AGENDA.~JULY.21
Roanoke City Planning Commission
July 21, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Naming of Peters Creek Road Extension Bridge
I. Back~ound;
Re~_uest was received from Harry E. Guilliams, Past Commander, Post #1264 VFW
to name the bridge, constructed as part of the new Peters Creek Road Extension
project at Melrose and Peters Creek Road, the Veterans of Foreign Wars Bridge.
City Council referred the request to the Roanoke City Planning Commission in
December, 1996.
Co
Ordinance and Names Subcommittee of the Planning Commission met in February,
1997, considered the matter, and recommended that the bridge be named the
Veterans of Foreign Wars Bridge.
Planning Commission heard the request at their regular meeting on June 4, 1997.
Harry Guilliarns and Norman Jasper, representing the VFW, appeared before the
Commission in support of the naming of the bridge. Mr. Guilliams also advised the
Commission that Post 1264 would also bear the cost of erecting an appropriate
plaque on the bridge structure.
II. Recommendation:
The Commission. by a vote of 6-0 (Mr. Hill absent), recommended that the Peters Creek
Road Extension bridge be named the Veterans of Foreign Wars Bridge in honor of the
veterans of foreign wars in the Roanoke Valley and that an appropriate plaque be placed on
the structure in a conspicuous location denoting the name of the structure.
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (540) 853-2344
Respectfully submitted,
Gilbert E. Butler, Jr., Chairman
Roanoke City Planning Commission
GEB:mpf
attachments
cc: Assistant City Attorney .
Harry E. G-uilliams, Past Commander Post #1264VFW, 3805 Melrose Avenue, NW 24017
MARY E PARKER, CMC/AAE
City Cl~rlt
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
December 5, 1996
File #110-102-200
Carolyn H. Coles, Chairperson
City Planning Commission
1501 Cove Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Coles:
At a regular meeting of the Council of the City of Roanoke held on Monday, December 2,
1996, the matter of naming the Second Street/Gainsboro Road Bridge and the Peters
Creek Road Extension Bridge was referred to the City Planning Commission for study,
report and recommendation to Council.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
William F. Clark, Director, Public Works
hartn R. M~rlles, Chief, Planning and Community Development
ha P. Franklin, Secretary, City Planning Commission
October 23, 1996
TO: ROANOKE
FROM: HARRY E. GUILLIAMS PAST COMMANDER VETERANS OF
FOREIGN WARS POST #1264 ROANOKE, VIRGINIA
GENTLEMEN:
I feel strongly that the ~ridae on Melrose Avenue & Peters Creek Road,
which is in Roanoke ~~be named "VETERANS OF FOREIGN WARS
BRIDGE". We have several VFW Posts in the Roanoke Valley and thousands
of VFW members. This bridge is very close to our Post #1264 home on Melrose
Ave. and to the Veterans Administration Medical Center, Salem, Virginia. Our
members provide volunteer service for the VA Medical Center. We are one of
the largest Veterans Organizations in the Valley.
A Resolution has been passed by our membership to name this bridge, Veterans
of Foreign Wars Bridge.
There is an American Legion Bridge and the Purple Heart Trail near
Washington, D.C. and Fredricksburg, Va.
We will be happy to pay for necessary signs.
Since/ely in Pa~i.,otism,
Harry E. Guilliams Past
Commander Post #1264 VFW
PS. My adress is Harry E. Guilliams, c/o Irvin L. Manning VFW Post #1264
3805 Melrose Ave. N.W. Roanoke, Virginia 24017
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #27-468
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33610-100697 amending the service charge for
determining whether there is an existing sanitary sewer facility available for a particular
piece of property. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, October 6, 1997.
Sincerely,
Mary F. ke,, CMC/AAE '
City Clerk
MFP:gd
Attachment
pc:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Delores D. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Diane S. Akers, Budget Administrator
Phillip C. Schirmer, Civil Engineer in Charge of Sewer Estimates
Ronald H. Miller, Building Commissioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 1997.
No. 33610-100697.
A RESOLUTION mending the service charge for determining whether there is an
existing sanitary sewer facility available for a particular piece of property.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The service charge for determining whether there is an existing sanitary sewer
facility available for a particular piece of property established by Resolution No. 32412-
032795, adopted by this Council on March 27, 1995, is hereby amended as follows:
SEWER CHARGE:
$50.00 cost estimate fee (credited to cost of extension) and 50%
of actual costs determined per Engineering construction cost
estimates. The City Engineer may waive this. charge (1) in those
cases where the request for a sewer estimate stems from an
immediate danger to citizen health or safety, such as in the event
of a failed septic tank; or (2) when the City is unable to provide
the requested service because the property cannot be served due
to physical constraints of topography, the property is served by
a private sewer mains the property is already connected to the
public sewer or the property is not within reasonable proximity
to a public sanitary sewer.
The fee shall be payable upon application or payable pursuant
to a City of Roanoke Deferred Payment Agreement.
2. The Fee Compendium of the City, maintained by the Director of Finance and
authorized and approved by this Council by Resolution No. 32412-032795, adopted March
25, 1995, effective as of that date, shall be amended to reflect provisions of this resolution.
ATTEST:
City Clerk.
RECEIVED
gITY CLERKS
'97 8EP 24 All :22
October 6, 1997
Report No. 97-184
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Sewer Extension Cost Estimate Fees
The attached staff report was considered by the Water Resources Committee at its
regular meeting on September 22, 1997. The Committee recommends that Council adopt a
resolution establishing the authority to refund sewer cost estimate fees collected in cases
where a sewer cost estimate cannot be provided to the applicant, in accordance with
conditions stated in the attached report.
Respectfully submitted,
~in~a F. Wyatt,/~
Chairperson
Water Resources Committee
LFW:KBK: afm
Attachment
Wilbum C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huffine, City Engineer
Delores D. Daniels, Assistant City Manager for Community Relations
Diane S. Akers, Budget Administrator
Ellen S. Evans, Construction Cost Technician
Phil C. Schirmer, Civil Engineer
Ronald K. Miller, Building Commissioner
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
Report No. 97-184
DATE:
TO:
FROM:
THRU:
SUBJECT:
September 22, 1997
i~t Bembers[, Water Resources Committee
· Kiser, Director, Utilities and Operations
W. Robert Herbert, City Manager
SEWER EXTENSION COST ESTIMATE FEES
II.
Back~oround on the subject in chronological order is as follows:
The authority to charae a fee to determine sewer availability and to Provide a
Cost estimate for sewer extensions was originated in the Revenue Compendium
(page 8.4) and Resolution No. 30124, adopted June 25, 1990.
The fee is char_oed when an applicant reouests the City to Provide a bindinq
estimate for a public sewer extension. If the sewer extension is constructed,
the fee charged for the requested estimate is credited towards the cost of the
sewer installation· The fee is optional. The applicant may have the sewer
extension cost estimated by private contractors.
(~vrrent situation is as follows:
The sewer estimate fee is currently assessed by the Buildina Department end
collected bv the Treasurer. The current fee is $50.00.
There are rare occasions where the sewer cost estimate fee is collected and the
City is unable to orovide the aDDlicant with a cost estimate e8 reauested. These
occasions are generally as follows:
2.
3.
4.
The property cannot be served due to physical constraints of topography.
The property is served by a private sewer main.
The property is already connected to the public sewer.
Public sanitary sewer is not located within reasonable proximity to the
property.
Members, Water Resources Committee
SEWER EXTENSION COST ESTIMATE FEES
September 22, 1997
Page 2
In these rare instances. Service Excellence Dhilosoohv suaaests it is aoDroDri~3te
to refund fees collected when the desired service cannot be provided; however,
the City Attorney advises that authority is not present in the Revenue
Compendium to make a fee refund.
The impact of this refund is negliaible, as there have only been a few instances
such as this in the past ten (10) years. During this time frame we have
processed over 1,500 sewer service requests.
III.
Issues in order of importance are as follows:
Commitment to Service Excell~rl~;e
Leaalitv
Revenue
IV.
Alternatives in order of feasibility are as follows:
City Council adoDt the attached Resoluti0rl establishing the authority for the
City Engineer to make appropriate refunds of sewer cost estimate fees.
Bo
Commitment to Service Excellence would be protected and our citizens
who are affected will be fairly treated.
Leaalitv would be ensured as the Resolution provides for a refund in
appropriate cases.
Revenue would be affected in a negligible amount. Out of every
$52,500 collected in fees, the City would refund approximately $100,
or 1/10 of 1%.
City Council decline to adopt the attached Resolutiorl establishing the authority
for staff to make appropriate refunds of sewer cost estimate fees.
Commitment to Service Excellen~;~ would be seriously impacted.
Le_oalitv would not be an issue.
Revenue would be impacted by an increase of 1/10 of 1% over the next
ten (10) years.
Members, Water Resources Committee
SEWER EXTENSION COST ESTIMATE FEES
September 22, 1997
Page 3
Recommendation is as follows:
Committee recommends that City Council concur in Alternative "A" and take the
following action:
Adopt the attached ResolutiQn establishing the authority to refund sewer cost
estimate fees collected in cases where a sewer cost estimate cannot be
provided to the applicant.
KBK/WRH/PCS/kh
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Civil Engineer in Charge of Sewer Estimates
Building Department
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #24-67-468
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
A report of the Water Resources Committee recommending that Council not provide or
support the use of Carvins Cove for competitive/spectator events, and maintain the not-for-
profit recreational uses currently permitted by the City Code, was before the Council of the
City of Roanoke at a regular meeting held on Monday, October 6, 1997.
On motion, duly seconded and adopted, Council concurred in the recommendation.
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
pc:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Jesse H. Perdue, Jr., Manager, Water Department
Ronald L. Wade, Acting Communications Manager
Evelyn D. Dorsey, Zoning Administrator
Mr. Kyle Inman, 2719 Summit Ridge Road, N. W., Roanoke, Virginia 24012
Ms. Beatrice Gushee, P. O. Box 9675, Roanoke, Virginia 24020
RECEIVEB
CITY CLERKS OE(ig!?
October 6, ]99?
'cji SEP 2d~eltlbtcl~b. 97-357
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Mountain Bike Racing Request - Carvins Cove
The attached staff report was considered by the Water Resources Committee at its
regular meeting on September 22, 1997. The Committee recommends that Council not
provide or support the use of Carvins Cove for competitive/spectator events and maintain the
not for profit recreational uses as currently allowed by City Code. The watershed should be
protected as the primary water source for the Roanoke Valley.
Respectfully submitted,
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
CC:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Jesse H. Perdue, Water Department Manager
Ronald Wade, Acting Communications Manager
Evelyn Dorsey, Zoning Administrator
Kyle Inman
Beatrice Gushee
Report No. 97-357
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
September 22, 1997
TO:
FROM:
K~i~ Bembers~ Water Resources Committee
· Ki§er, Director, U~til~& Operations
thru W. Robert Herbe~'~'~ Manager
SUBJECT: Mountain Bike Racing Request - Carvins Cove
Mountain bike racing and Olympic Kayak training were proposed and
discussed at the November 1, 1993 Committee meeting, at which
time the Committee rejected the requests.
Request to hold bike race at Carvins Cove was again presented to the
Water Resources Committee at the July 21, 1997 meeting by Mr.
Kyle Inman.
Water Resources Committee referred the request to the
Administration for evaluation and recommendation.
A meeting was held with Mr. Kyle Inman and other interested persons
as noted on the attached attendance sheet, on August 12, 1997 for
the purpose of learning and gathering more data and information
regarding the proposed bike race. Specific details/plans were
requested by city representatives on traffic control, spectator control
and parking.
Explore Park board met August 26, 1997 and approved the concept
of constructing mountain bike trails and has offered these trails as a
venue for mountain bike racing·
Carvins Cove watershed property has been purchased over the years
to provide a safe and dependable supply of raw water for the citizens
of the City of Roanoke.
Members, Water Resources Committee
Mountain Bike Racing Request-Carvins Cove
September 22, 1997
Page 2
II.
III.
Current Situation:
City Code, Sec. 35-17 specifically permits the recreational privileges
of fishing, boating and picnicking at Carvins Cove. Occasional
individual recreational biking and horseback riding take place at the
Cove and are not banned.
Competitive spectator events are not permitted by current City Code
and have never been allowed to be held at the Carvins Cove
watershed.
C. For profit events are not permitted at Carvins Cove.
D. Proposal/information submitted by Mr. Kyle Inman involves:
Expected number of participants
Expected number of spectators
Needs from the City projected:
500-1000
1000-2000
2.
3.
4.
Shuttle bus for Saturday and Sunday
Scaffolding/staging for main staging area
Canopies for registration/vendor areas
Any available manpower for marshaling
Specific information/plans requested by the City on August 12, 1997
for handling spectators, parking and traffic control have not been
submitted.
A. Raw Water Supply Protection
B. Precedent Setting
C. Impact on Neighborhood
Members, Water Resources Committee
Mountain Bike Racing Request-Carvins Cove
September 22, 1997
Page 3
Spectator/traffic Control
Alternate Venues
IV.
Committee recommend that Council not offer or support the use of
Carvins Cove for bike racing or any other competitive/spectator
events and maintain the recreational uses as currently allowed by City
Code.
Raw water supply protection will not be compromised by
encouraging thousands of people to be spread throughout the
watershed.
Precedent setting would not be established for this event and
others similar in concept.
Impact on neighborhood would not become an issue for City
Council.
4. BarJdJ~ needs would not occur.
5. Spectator/traffic control would not be needed.
6. Alternate venues have been offered and exist for this event.
Committee recommend that Council allow the Mountain Bike Race
event as proposed by Mr. Inman.
Raw water supply protection will be compromised if allowable
uses and events are increased. (See attached narrative.)
Precedent setting would be established and the future
protection of the watershed and drinking water supply would
be jeopardized.
Members, Water Resources Committee
Mountain Bike Racing Request-Carvins Cove
September 22, 1997
Page 4
Impact on neighborhood at Bennett Springs could be significant
and resistance could occur.
P~qr_kJQg for the number of participants and spectators expected
is not available at the Bennett Springs picnic area. The
roadway leading to the picnic area is narrow and parking is
restricted and not available in the number desired.
Spectator/traffic control plans and methods have not been
submitted.
Alternate venues have been offered and are available for this
event.
Recommendation:
Committee recommend that Council not provide or support the use of
Carvins Cove for competitive/spectator events and maintain the not for
profit recreational uses as currently allowed by City Code. The watershed
should be protected as the primary water source for the Roanoke Valley.
KBK/JHP,Jr./je
Attachments
cc.' City Attorney
Director of Finance
City Clerk
Water Department Manager
Acting Communications Manager
Zoning Administrator
Mr. Kyle Inman
Ms. Beatrice Gushee
2719 Summit Ridge Road
Roanoke, Virginia Z4012
540.977.4335
firetooth(a),aol.com
Preliminary Bicycle Event Proposal, presented to Phillip Sparks by
Kyle S. Inn'tan and ,'[ike Matzuk, 6.12.97
Objecth'e: To conducl a natiouallx' sanctioned oil'-road bicx cie ex enl. as parl of the ~998 X'irgmia Championship
Xlounlain Bike series, using Ihe cilx'-oxx ned Ihcililies. Ih'ct'oads and II'ails of Carvin's Cove and Brushy Xlountain.
Desired Date (rnnge): Saturday Sttnda~..Mlgusl - Oct,,bot.
Expected amber of pa~aicipants: 500 - i000
Expected nmber of spectators: 1000-5000
Sanctio~g body: NORHA (National Oil' Road Bicx cie .kssociatio~l).
Pa~aicipants: Open ~o all skill levels and ages-- local, rc~t~llal, itlld nntionnl enflmsinsts Ii'om begim~er to
pro~ssionnl.
Expected emSronmentai ~pacl: based on exlcns~x c experience and enviromnental impact studies conducted
by .lett~rson National Forest biologists, residual damage, erosion, and so on. is virtually non-e~stent. It has been
detemfined by ll~e International NIotmtain Bike .~ssoc,ati,,n that bicycle tires are equi~'alenl to a hiking boot. On
Xlondav. /bllo~x lng the event's collclt~sioll o~1 Sunda~. Ihcre tx ill be negligible e~idence that the event look place
tlu~ It) II1~ It)~ i~llpacl qualil5 of this nporl. ~'= CXl)CCl at, cl'l~cl Io lh~ draillagc basra. ,t~r a:ldilit)nal ~l'osio~l thai
might in any xxax' artsci lhe xxalershed..klso, our races a~'c x ¢rx quiel, smcc file ns,und of rallling chains is aboul
all the noise created by a bicycle.
Park~g/Trnffic control' We can use nearbx vacant lois lbr ovcrllo~x' parking..~ddilionallx', a shu~le xxould be
ollkred, possibly Ii'om Hollms College or some olber nea,'bv venue. If lhe Bmmcll Springs area is selecled, lhe
picnic nrca on that cad of thc cove olt~rs plcnly of parking, al thc picnic grounds, alld tul IxvO side rends ns xvcll
as the gravel road..& shullle system sx'ould be utiliz=d to minimize lrallic as xxcll. Trallic marshals ~xill be on
hand at key spots lo direct traffic and ctullrol parking. '1'5 pically, the people xxho alle~ld lhese eve~lls are
experienced in proper evenl driving parking eliquelte, alld iio problems are expected.
Needs fi'om lhe cily: Foilo~xing arc prstiecled desires, allht,ugh Ihrlher needs may arise llu'oughoul the process.
hfiliallv, lhese t~alures xxould be ¢xcellenl:
a) sbu~le buses lbr SaRu'dav and Stmdax
b) scaltblding slaging tbr main singing area
c) canopies Ibr regish'nlion vendor areas
d) any available mnnpoxxer lbr marshaliug
Liab~ly: All NORBA events are covered under a blaukcl liabilily policy. ~xbich xx ill augment the cilv's o~xn.
The liabili~' minimum is S2.000.000.
Experience: Mike ~la~uk is proprielor of East Coaslcl',. }licvcle Shops m Roanoke alld Blacksburg. Xlike ~sas
race direclor creator of Blacksburg's Xlountain Xlag~c road race. xxas inslrumcnlal in bringing the Tour DuPonl
It} Blacksburg and Roanoke. itlld ~ils [llacksbm'g'n [)uPt~lll LOC chaimlan. Kx lc hunan has bc=n riding
mountainous ten'am of our nren Ibr 8 years, and wax co-crcalor. ~ilh .lolul Corliss. of the Virginia Championship
Xlounlain Bike Series. no~x m ils 5"' vear (4'h edition) 'lite series, the largesl and oldcsl mountain bike race series
in the slate, and is regarded highly m the momllain bike ~omnltmi~'. Events ~'pically draxx, competilors Ii'om all
over Virginia and the Mid-Mlanlic.
Polcnlinl ancillary cvcnls: doxx~fl~ill lime trial, kids ~.t, z, ,,l'l~road rtmning race. producl crnfl expo. lhmilv
activities.
Benefits to the l<o,~lqoke community
Economic impact: couservativelv. Ii,IN half tilt: compelilors and accompanying thmilv ti'lends xxot, ld travel
Ii'om all parts of the ,nid-.-\tlnntic region, ami xx ilh natio~lal sanctioning, across Iht: nnlion. 11'3000 visitors (on th~
Io~x end) spend Si00 each per day. the phis business xxould b~ S600.000.
Positive spooning event hosted by the ci~'. The city shoxxed its cycling supporl llu'ough tb~ excitement generated
by Ih~ Tour DuPolll. This ex'cal, m mare ~xaxs. inlpl't~xcs t~l Ihal
1 ) fhe economic elt~ct is not negative Io allx Olle. as IIO sloreli'onts ~xill be blocked, nor access denied due to the
2) the ~xindo~x of positive impnc~ and goochxill remain~ open longer: 2 ~11 days. xx'itb COlnpetilors amving I-2
days m ndvnnce, as opposed Io the hil-alld-rtm nalm'c t~l' II~e Tour I)uPonl
3) mountain bike rnccs arc participator>, as t~pposcd Io pm'ely prol~ssitmal. In Ibis xxnv. cron'body can be m tho
race. not jusl xxntching il~e s'nc~.
Exposure: Virginia Champiol~ship Xlounlain Bike Series ex'chis have earned publicity t}om local Ielevision and
n~xx.'spaper Io national cycling publicalions. X'eloNe~x s. cyclmg's most respecled and x~ ideiv read periodical.
provides a fidl-color guide to the .~nerican X lounlain Bike Challenge events, dislributed tl~ough even' issue. The
PR rexx'ards will allo~x' the event pay its
Oppoi~Iy: to educate young people and adulIs alikt: of the benetils ofcyclillg as a positive activin', and
prolnOle satbh' and proper prolec~ive gear.
.Jusl Pla~ F~: mountain bike races are largely inlbnnal, x el siruc~u'ed, nl'lhn-s xxlth Ibc posilive nImosphere of '
a fine thmilv. Xlotmtam bike rncers are :l~e easiesI to clean up fi~r because l'hev are largely considernle, carefid.
and respec~d of immre and properS'.
The course: If the mare boaldock area is used as the slari area. the course ~x ill likely head out the main lbresl
access road to~xnrds Bem~ Springs. up Brushy Xlounlain. do~xn n trail on file norlb~xest slope, back up. doxxn a
trail on the south slop~, back up (perhaps hx. ice). fl~en do~x n Ih~ motmlain and back. if staging begins at
Springs. IIl~ course xxill ris~ up Brushx Nlounlain. lblltnx is similar COUl'S~ as described abo~e, only ~ ilh
addition ora second os' third lap. then back do~xn ~o lhe start lhush area.
The doxv~flfill course xxould descend Brushy Xlounlam. x ~a lh'eroad and trnll, and thushmg al tl~e botlom. Exact
course specilications are vel to be realized, allhough Ihe lh'ushv Xlountain area is crilical to lhe ex'enl.
.lefferson National Forest References: Woody Lipps. Roanokc. Carla Gum~. Blacksburg.
2719 Sunmxit 'Ridge Rind
Roanoke, Virginia 24012
540.977.43.35 ·
Mr. Kit B. Kiser
Director, Utilities & Operations
Room 354
Municipal Building
215 Church Avenue
Roanoke, VA 24011
8.19.97
Dear Mr. Kiser:
I am currently on the treasure hunt to bring you the items I think you seek to render a just a proper
decision with regard to the bicycle race at Carvin's Cove. Since this is not the type of project one
simply finishes, I am providing detail as I collect.
The traffic scenario is next on my agenda, and one of the easiest aspects of this event to master plan.
After all, events requiring parking take place nearly daily around the world (even in Roanoke!).
I have also included a separate project proposal tbr trail repair. I have stated that mountain bikers more
than pay their way; now is an opportunity, in a vely public and beneficial manner, that we may prove
our mettle.
Also, the question of my status as promoter has been questioned. I assure you that any money I am
able to earn would be much more easily made with part-time wo:k at any convenience store or fast
food operation. I do not expect to clear more than $3000 total. Based on a time/trouble scale, that will
net me about 14 cents an hour. The true benefactors are the businesses in Roanoke that are eager for
easy-flowing tourist dollars, and cyclists, hikers, and outdoor lovers who call Roanoke home.
I will provide planning for traffic control within thc next week. Time, is not, on our side. Final decision
and announcements need to be to the National Off' Road Bicyle Association by October 1.
Please let me know how I may further assist.
....... Singletn~ck
(~ Cemetary
· Wooden Bridge
~ Ch~ch
Snmmit
Horse Stabl~
M~ilbox Marker
Tr.J~n..-a a~cm street
~ black n~Ltbe~
d/ Cable Gates
No trail buwveen
c~ Dam ~d
Timberview Trail
6'a l~:ln~e Shed
~rvin'~ ~oue Pr, opo~ecl .American Moun-t'ain I~ike
~h~llenge R~ae ~oor~e, §ep-t'ember, ~.6-X.7 (qcl~3
II
Bennett
740
Rd
Catawba
To Drae~ Badt
Trail Sy,~nn
At Staff, racers dlmb
3 miles en tiro road ta ..-..
the summit of Brush Start
w -q~ ~ Finish .~/....v. '&'. - -- -..
RaSce finishes at ' x~/.-~, com~ I..,
the ~ ."~"%,r"'T · -.-~ "'...
b..~ of n,~sh ~ ',~ ~ '" C)..:
Mountain on gravel '-
·
Rm
~ Finish -- ".
Bridge "-
IT! Church
~'~ Harm S~b~
Mailbox Marker
Cable Gates
Barn
No.mi betw~m
C~ D~m md
~unberview Trail
~ Dynamite Shed
PILILU l! ME If PIIIIOT
BE IIESPOIISIBLE OF TOIIB IgllOIIS
Oil JIIIl OFF lIE TBilLS.
EEEP TMILS eLElill
li/gll lilT FIB Mm UFB
Drop. The majority of spectators will not venture
that far, however. Most will simply relax, enjoy the
day and the Carvin's Cove watershed.
Holli~
Ro~e
dlt'
Proposal for Bicycle Use of*Brushy
Mountain in the Carvin's Cove Watershed
Presented to Roanoke City, Water
Ikeso~ces Committee
By Kyle S. Inman, Mike Matzuk, and the Roanoke
Mountain Bike Community
7.21.97
Objective:
a) to feature Brushy Mountain near Carvin's Cove as the ideal venue for a NORBA sanctioned
American Mountain Bike Challenge event, September 26-27, 1998.
b) to implement and sanction mountain biking as a valid recreational use of Carvin's Cove.
NORBA and the American Mountain Bike Challenge series
NORBA (National Off Road Bicycle Association) is the national sanctioning body for moumain
bike events in the US, including cross-country, downhill, dual slalom, and observed trials.
Sanctioning includes local events, the National Championship Series (NCS), world-level events
(UCI), and the newer American Mountain Bike Challenge series (AMBC).
The AMBC was designed to fill a void between national and local events, for aspiring riders at all
skill levels to compete with the best riders in the region. Points accumulate towards an overall
championship. There are 4 to 5 AMBC events in the east, with Roanoke being the most populace
and centrally located of the 1998 sites. We project 400 to 1000 entrants, with 2000 to 4000
spectators.
Who are we?
We are promoters of responsible mountain bike use and quality races in our bountiful western
Virginia area. The 5-year old Vkginia Championship Mountain Bike Series has used and
developed trails within the Jefferson National Forest and in Franklin County Recreation Park,
conducting nearly 20 events averaging 150 competitors over that period. Contestants are
attracted from North Carolina, West Virginia, Washington, D.C., Penn~lvania, and Maryland.
Our events have earned a positive reputation, both with cyclists and land managers, thanks to
careful planning and course administration.
For each course used, we provide needed, unfunded maintenance, and trail construction, which
benefits all users. We are known to leave trails in better condition than when we arrived. The
trails we use vary in form, but include the more delicate sidehills than those on Brushy Mountain,
including the Turkey and Grouse trails on North Mountain. The Franklin County Recreation Park
trail system was largely designed and built by mountain bikers and see a tremendous mount of
use.
Due in part to the state championship series, the Pandapas Pond area in the Blacksburg Ranger
District of the Jefferson National Forest is a designated mountain bike area, exquisitely maintained
by tireless volunteers who dedicate many hours to preserve the privilege.
lVfike Matzuk, owner of East Coasters bicycle shops in Blacksburg and Roanoke, has been
instrumental in supporting responsible cycling, and, was instrumental in the arrival of the Tour
TuPom to our area. Mike has also supported the V'u-ginia Championship Series through
sponsorship and direct trail maintenance. He also was a primary contributor, of time, effort, and
chainsaw, to the reopening of the Huckleberry Trail through Blacksburg (among others).
Throughout the Roanoke/Blacksburg area, the Carvin's Cove trail system is revered. With
outstanding cycling this close to town, Roanoke again displays a unique feature that other cities
might dream of. The mountain bike community realizes the quality of the area, including
organizations like the Tri-City Mountain Bike Club, and will work to preserve the resource. (Tri-
City Mountain Bike Club has even adopted Timberview Road as proofi).
What mountain bikers are like
Mountain bikers are outdoorsmen. Mountain bikers are basically hikers with two-wheels,
gaining the same satisfaction and serenity as those on two feet.
· Mountain bikers are responsible citizens. Cleanup at our events is amazingly easy; there is
usually no extra trash that is not in proper trash bins. This is a tribute to the quality of person
that mountain biking attracts.
· Mountain bikers provide more trail maintenance per user than hikers and equestrians.
What mountain bike racing is like
Mountain bike events are very different from road races like the Tour DuPont.
· Mountain bike races are slow. Most races average only 8 miles-per-hour!
· Mountain bike races are of minimum impact and leave no trace. On Monday atter the event,
there is usually no evidence that the event took place. This is verifiable locally through the
Jefferson National Forest office in New Castle who performed a pre-race/post-race
environmental impact study on North Mountain_
· Mountain bikers do not travel in packs like road racers. Usually, after the first few minutes,
the field is stnmg out dramatically. At the finish, first place to last may be a 30 to 60 minute
gap.
· Mountain bike racing is considerably more relaxed than many other forms of competition.
Mountain bike racers compete mostly against themselves and the elements, and not necessarily
the person just ahead.
· Mountain bike races are dean. The machines are human powered and quiet, and require great
effort. No gasoline, very little oil, and great determination.
· The Tour DuPont is exclusively an observatory event, while mountain biking is participatory.
Every interested rider, from first-timer to professional may enter.
· Mountain bikers may be the most ecologically-conscious trail-use group in the woods.
Education, industry-wide commitment to trail preservation, and a natural respect for the land
and woods are to credit.
· For each event, we pi-ovide liability insurance protecting the promoters and land providers.
Benefits
To be awarded this event is a feather in the cap of Roanoke, providing national
attention and exposure through major cycling publications and tourism bulletins.
Economic
The economic bonus would be territic. While mountain biking is a relatively small sport when
compared with football, participants are fully willing to travel to good events. Conservative
estimates for a two-day event would be $600,000 to $1,000,000. Every mountain biker in 5 states
would place Roanoke, Vkginia on their agendas that weekend.
Trail maintenance
In sensitive areas with predictable damage, we will buttress and build to prevent unnecessary
erosion. We will leave the area in better shape than before.
Positive recreational activity
Since mountain bike racing is participatory, everyone is eligible to enter and enjoy
Minimum Impact: Carvin's Cove is ideal
Carvin's Cove is a jewel, providing an ideal venue for mountain biking and mountain bike events.
The Brushy Mountain area provides a real opportunity to benefit from a top flight program.
The trail system is already in place, and the trails and dirt roads on Brushy Mountain are ideally
suited for mountain biking. No further trail building is necessary.
The trails completely avoid the water, with no contact with tires at any point. Some of the Brushy
Mountain trail system is 5 miles from the waters edge, and on the away side of the ridge.
Access via the Bennett Springs entrance is good, with adequate parking at the picnic/bathroom
area, along the 2 mile entry road, and on two side roads that connect with that access road.
Shuffle services from 311 would further facilitate traffic and ease congestion. Proper security and
traffic marshaling will be top priority.
Watersheds need protecting without doubt. It is our thinking that mountain bike is a non-
threatening recreational activity that is in concert with the watershed. An event each year would
not place undue stress on the area.
Other watershed defenders discovered recreation cohabitation
can work
Ralph Cullison, Chief, Environmental Service Division, Bureau of Water and Waste Water, in
Baltimore discovered that by opening reservoir trails to mountain bikes provided tremendous
benefit in maintenance and cleanup. Initially, Baltimore was opposed to this recreational use, but
due to organized efforts by the mountain biking community, turned around the issue 180 degrees.
Now, Mr. Cullison is delighted that such a responsible group is actually on task at the city's water
supply.
Scott Agner, Water Manager, Roanoke County Department of Utilities was another case of 180
degree turnaround. Until Mr. Agner studied the physical activity and minimum impact of
mountain biking, he was opposed to their use in the Spring Hollow watershed. He learned that
mountain bikers avoid sensitive areas, like mrs and mudholes, because they require much greater
effort to climb out of. Mountain bikers conserve energy due to the duration of rides/races. Riders
try for the most efficient line, which is never the bottom of a mt. Also, moumain bikers work to
minimize tire spin and skidding, two highly inefficient practices.
Moreover, mountain bike trails are in the master plan for Spring Hollow. He also said that if
certain issues weren't a factor, like limited roadway, he would host the event at Spring Hollow
without fear for the watershed.
Other watershed areas around the country abound with recreational co-existence. It is possible to
preserve and protect the watershed while providing events and recreation
The International Mountain Bike Association has commissioned studies which verify the local
Jefferson National Forest study: mountain bike tires inflict only slightly more damage than hiking
boots, and far less damage than horses and motorcycles. Mountain bikes only add 30 pounds to
the weight of the rider. Please see accompanying document.
The Sierra Club, the nation's fiercest defender of land, has reversed its earlier position, now
recognizing mountain bikes as a bonafied users of trails including singletrack paths. Please see
accompanying document.
Sttmmafion
The watershed needs protecting, although the evem and activity we
propose will not endanger the water supply. We believe that mountain
bike riding and racing will provide benefit on both a conservation and
economic front. The AMBC event will receive national prominence, and
our aim is to produce the best AMBC event ever.
Traffic issues will be coordinated and streamlined, and are infinitely
manageable. All site management activities will be coordinated with
public works.
Environmental issues can be evaluated following the event to verify the
course condition.
Offering the Carvin's Cove area to an additional, minimum impact
activity will benefit everyone who would use the area_
City Manager
215 Chumh Ave., S.W.
Room 364
Roanoke, VA 24011
Dear Mr. Herbert:
On June 30 I received a note from Mayor David Bowers stating that he had passed on
to you a newspaper article on a mountain bike trail system on Occoquan 'Reservoir in
Northern Virginia. He stated that he had asked you to assess the practicality of a
similar project in the Carvins Cove area.
l've done a large amount of research on the subject of mountain bike Wails and their
users and would like to meet with you to discuss my proposal.
In the meantime here are the names and phone numbers of two people who have had
experience with projects similar with what I propose. You might want to contact them.
Mr. Ralph Cullison, Chief, Environmental Service Division, Bureau of Water and Waste
Water, Department of Public Works, Baltimore, Maryland (410-396-0539). Baltimore
recently opened their watershed area to mountain bikes after initially deciding to ban
them. The city of Baltimore and local Maryland mountain bike groups are jointly
working together to design, build, and maintain these trails.
Mr. Scott Agner, Water Manager, Roanoke County Department of Utilities, (387-62.26).
Mr. Agner was the Utilities Department's representative on a committee that eventually
decided to allow biking, hiking, and eques~an activities at the new Spring Hollow
Reservoir. Mr. Agner's observations may be particularly interesting because he
recently told me that he asked to be placed on the committee because he wanted to be
able to block these recreational activities at the new reservoir. After seeing the plans
of the Roanoke County Department of Parks and Recreation he became convinced
that such actJvities were, indeed, compatible with maintaining a healthy watershed and
providing safe ddnki,'-~ water for the citizens of Roanoke County.
I can also provide information that show the demographics of mountain bikers could
(contrary to the "Mountain Dew~ television commercial image) appeal to the city's best
interests. I can show you that a well designed and ~ns~d~ed mountain bike trail
system could be a viable part of Mayor Bowers desire to make the City of Roanoke a
tourist destination.
I am a member of the Blue Ridge Bicycle Club, the Tri-City Mountain Bike Club, and
the International Mountain Biking Association. I have been avid mountain biker for
seventeen years. For the past two and a half years I have been working with Roanoke
County, giving input on mountain biking in the master plan for Spdng Hollow
Reservoir. I have also designed and built mountain bike trails in Green Hill Park. In
1996 I was named "Advocate of the Year' in the Blue Ridge Bicycle Club.
I hope the preceding information will give you some background. I look forward to
meeting with you ~a discuss my proposal.
Sincerely Yours,
Dick Howard
Mt Bikes and Multiple Use Recnmtion:The IMBA Philosoph~
l~ountain Bikes and Multiple Use Recreation:
The IMBA Philosophy
The International Monnmin Bicycling Association is committed to educating the public in file safe and responsible use of
mountain bicycles. Our work with bicyclists, land managers and other users of the backcounUy have convinced us that the
philosophy of multiple use trail.q is most effective in maximizing recreational opporumities while minilnizing reo'eational
conflicL
IMBA sopports the multiple use philosophy because it allows all low impact users the rights and responsiblities of enjoying the
parks. We believe that any non-Wilderness trails which are currently open to multiple use (meaning hikers and equestrians)
should also be open to bicyclists. Clearly, most trails that accomoclate equestrian.q~ should be open to bicyclists.
We believe that opening trails to hikers, equestrians and bicyclists has several advantages:
a~ The more open the hackco, ntry is, the better it can accomodate the needs of all legitimate users. If trails are generally open,
users will be more dispersed. Congestion on busy roads and trails is reduced.
b. The more open the bacimonntry is, the greater the oppormmty for ail users to understand the privilege and responsibility of
multiple recreational use. An open backcounU3' fosters cooperation between user groups. It creates the contact for all users to
work together to preserve and protect their common resource. A segregated baclmountry breeds ill will between user groups and
reduces the opportumty and inclination to work together.
c. The more open the back, country is, the more cost effective management will be. A generally open backcoantry reduces the
costs of si~tming, stuffing and of momtoring use. A segregated bac, kconntry requires extra signing, ~affing and e,~ensive
momtormg.
d. A generally open backconnn~d enables responm'ble, e,xpefi~ mouvtai, bicyclists (who obey policy) to educate less
responm~ole or novice users. Respomible riders on the Wails go a long way in reducing unsafe and ~nm~ole ridin[
LEGITIMACY
Bicyclists are a legitimate user group and responsible members of the outdoor recreation community. With hikers, equestrian~,
birders and other users, we .qhare a deep appreciation of the beamy and natural wonder of the backcountry. We are willing tO
work with other users to preserve, protect and share this resource and to behave with an awareness of the needs and fights of
others. Cooperation, consideration and communication between users are the most effective means of maximi:dng a quality
outdoor experience for the most users.
Since park regulations often preceded the invention of moimmin bike technology, the language or the regulations is sometimes
problematic. Language intended to pmhi'bit motor vehides f~om parks is often applied to us. We are not motor vehicles and in
this case should not be treated as such. Moulltain bicycles are a hmnan scale, minimal impact, sustainable form of ott-mad
recreation.
Parks or trails should not be closed to legitimme users unless there are demonstrable environmental or safety reasons. The
burden of proof must be on those who wish to limit acces~
ENVIRONMENTAL ISSUES
The only reason to dose trails to bicyclists is unmitigatable environmental sensitivity. Reseamh indicates that under most
circumstances, bicyclists do not cause sJLmificant environmental damage. All ilsers of ~ contribute to erosion and' ail-
responsible users minimi?¢ their impact. Well established rules like not cutting switchbacks, not skidding, and not breaking
down trail shoulders apply.
Many parks which exclude moulltain bicyclists do allow equestrian.q on their trails. In effect, they have established a continuum
of acceptable use ranging fi'om hikers to horses. In terms of envirollmentai dalnage, bicyclists certainly fall betwee~ the two
other groups. Bicycles and riders are lighter, narrower and shorter than moimted equesfflan-q, Ally multiple use
U'jj~that are open to horses should also be open to bicyclists.
With good planning, lands and trails that are environmentally sensitive may still accomodate some bicycle use. Sections of
certain trails may need to be posted "WALK YOUR BIKE". It may be reasonable to dose certain areas due to seasonal or
weather conditions or to limit the number of users during certain periods.
Mt B,%~ --~ 1M-_i6ple Use ~~The IMBA Philosophy Pate 2
It,-.CREATIONAL SHARING ISSUES
Because mount, in bicylists are the newest members of the outdoor m:reation oommtlIlity, lllere iS the peK:eption of conflict of
interest between bicylists, equestrians and hikers. Stories in local and national media lmve contributed to tiffs perception In fact,.
mountain bicyclists, hikers and equestrians can and do share the trails. In multiple use settings, all users should be aware that
they may encounter others. Bicyclists and other
users should always anticipate others at blind comers. Faster moving riders sometimes surprise and imimidate slower moving
hikers. Uplfili users are sometim~ surprised by downhillexs. The more experienced tile users, the less the liklihood of surprise.
REGULATING BICYCLE USE
Education is the best way to regulate bicycli~. Like other recreafionali.nts, more experienced cyclists can socialize new cyclists
in the responsible use of off road bicycles. IMBA's Rules of the Trail provide a protocol:
* Ride on open wails only
* Cofitrol your bicycle.
* Always yield wail.
* Never spook animal.n.
* Leave no trace.
* Plan ahead.
SUMMARY
In general, trails should be open to bicycles unless there is a demonstrated environmental reason to close them. Closing trails to
bicyclists iS not an appropriate policy. It iS ~mfair to a legjtinmte, respen,~301e user group. A generally open backcountry builds a
community of users who appreciate the needs of others. Most trails are not damaged by bicycle use. Most trails are not unsafe for
shared use. Closing wails is counterproductive in that it is divisive among environmentali.nts and causes resentment and
rebellion. Education iS the most appropriate way to regulate bicycle use in the bad/country.
GO BACK TO:
Mountain Bikes and Trail Use: PAGE 2
Mountain Bikes and Trail Use: PAGE 1
Environmental Issues
HOME
Sierra Club Draft MTB Policy Pa~e I
Sierra Club Draft MTB Policy
From: blee~cc, chiron, com (Brian Lee)
Newsgroups: rec.bicycles, off-roafl
Subject: Sierra Club Draft MTB Policy
The following is a draft of the Sierra Club's policy regarding MTBs, which is going through the revision process, and the
accompanying letter. Note that the policy itseff will be unchanged this time around, just the background & guidelines are being
¢lmnged.
This draft will be open to comment until March 10, 1996. See below for more details. Apologies in advance for the two part
posting, necessitated by newsreader limitations.
Friends,
Enclosed you will find a draf~ of proposed revisions to the *background and guidelines* for the Sierra Club's policy on
Off-RoadUse of Bicycles. No changes will be made to the policy itself flurmgthis review. With the exceprion of the rifle, thi.~
policy remain.~tmchnnged from the policy on Off-Road Use of Vehicles.
The old policy was split into two separate, but identically worded policies by the Board of Directors on May 1994. We are only
reviewing and revising thc part addressing usc of monntnin bicycles at thi.~ time.
Thc purpose of well written background and guidelines is to provide local groups and chapters with information and guidance
that is useful to them in mnicing ti'ail ~ decisions. These background and guidelines revisions are an atteanpt to cover the wide
variety of ciro~m, qances (urban, county, state parks, and county, slate andfederal forests) ttmt exist across thc country. This
proposal is being circulated to every Chapter Ctmir and Conservation Ch~ir, andto all who have rCClUCsted to be kept informed,
and to all who havccommented thus far, and to all those who would normally rcccivcpolicy revision information However, let us
again stress that the policy is not being revised, only the background and guidelines.
This draR revised backgro~md and guidelines is now ready for final comlilents, ~ which it will go to thc Wild Planet Strategy
Team for discussion and approval. Plcuse send your written comments to:
Mountain Bike Comment
c/o Patty McClcary
PO Box 23176
Santa Fc, NM 87502
Thc deadline for comments is March 10,1996. After which the revisions will be sent to the Wild Planet Strategy team for review.
Tbnnk you for your time,
The Mountain Bike Task Force
George Barnes, Rudy Luke. z, jOllathnn stoke, Patty McClcary, Mark Bctringer
Working Draft 1/21/96
1. Policy on Off Road Use of Bicycles
Thc following policy on off-road use of bicycles has been adopted by thc Sierra Club Board of Directors:
I. Usc in officially designated wilderness:
Tile Sierra Club reaffirms its support for thc Wilderness Act's prohibition of"mechnnizcd modes of transport," including
non-motorized vehicles, from entry into designated wilderness.
IL Usc of vehicles on other public lands:
a. Trnil.~ and areas on public lands should be closed to all vehicles unless (1) determined to be appropriate for their use through
completion of an nnnlysis, review, and implcmenlalion process, and (2) officially posted with signs as being open.
b. The process must include (1) application of objective criteria to assess whether the safety and enjoyment of all users can be
protcctecl; (2) a public review and comment procedure involving all interested parties; and (3) promulgation of cffccrive
Sierra Club Draft MTB Policy Page 2
)mplemenfing regulations where i ,mpaats are ~i~i~aly low tlmt vehicles use is appropriat~
c. Trails and areas ti~-j'~ated for vehicles use must be monitored periodically to dete~ environmental damage or user
interference inconsistent with the above criteria. Wlmre this occum the trail or ama must be closed to vehicles unless corrective
regulations are enforced.
Adopted May 1994
2. Background
The Sierra Club is concerned about the effects ofnse ot'bicycl~ off-mad. Concerns have been raised about documenmd e~iYects
which include: soft erosion; effex:ts on plants and animals.'_ and displacrznent o£ or interference with, other trail users. Like any
form o'f recreation, monnmin bicycling can be practiced improperly, thereby requiring flint it be regulatecL However, bicycles are
human powered ~vices and am not ideatical to motoriz~ vehicles.
3. Guidelines for Implementation
A. In an effort to find common ground and work for positive and shared goals, the Sierra Club and International Motmtain
Bicycling A.ssodation agx~d to th~ following:
(1) To work for wrfldemess, park and open space ptot~ion;
(2) Mountain bicycling is a legltin~te form of recre~on and transportation on trsil.% including single Wack, when and where it
is practiced in an environmentally sound and socially responsible m.~nner;,
(3) Not all non-Wildern~s t~il~ should be open~l to bicycle
(4) To create joint proj~ts to educam ali non-motoriz~ trail ~
(5) To encourage communication betweea local mo, retain bicycle group~ and Sierra Club entities.
B. Urban areas like Maria County, California ~nd sites such as back country parts of Utah have vastly different amounts and
mLxes of recr~tional use, one solution might not work equally well in both places. However, the environmem and the public
safety need to be protected everywhere. Implememation of this policy will be on a sim-specific b~ni.~. No general rule can be
drawn concerning appropriateness or in .m~proprlatgnc~ ofns~ of bicycles on Sl~:ific traii.~ or areas until the conditions
stipulated in the policy have beea met: an nnalysi$ m,tnt be competently completed, utili~_in§ public input, by an appropriate land
management agency.
C. Once a trail is determined to be suitable for bicycles and is open to that use, cyclislz and land managers can employ a variety
of teclmiques to mlnimi?¢ environmental d.nma~¢ :and inlgrfer~ce with other trail nsgrs.
1. Bicyclists should know and use the established Rules of the Trail: ride on open trails only;, leave no trace; control your bicycle;
always yield trail; never scare animslg plan ahead. Bicyclists should know and follow applicable laws and regulations.
2. Bicyclists yield trail to foot travelers, both animal and bnman Yielding Waft means be prepared to stop, c~lbli.~h
communication, di.nmount when appropriate, and pas~ safely on wide single-track trails and roads.
3. Trail construction and reconstruction should be done after taking into consideration the types and amounts of use which may
take place. Management of trails open to bicycles can begin with educational efforts, training pmgrmm and peer pressure,
encouraging appropriate behaviors such as walking one's bicycle when neceasary. At any time, additional management, such as
posting signs (including speed limits, one way trail.n7 etc.) or placing barriers may be needed. Patrolling to monitor (and perhaps
reduce) problems can be effective. Restrictions may need to be nsed, perhaps by creating ~para~il.% zoning certain ~glIlents
for certain uses, or restricting somenses by day or time. People may be encouraged to use roads, relieving pressure on a crowded
trail. As a last resort, some trails may needto be closed to some users. Like all wail users, bicyclists should follow ~mple rules of
common courtesy, like obtaining p~rmi.~fioubefore ll~v~g private land, geetmg other trail users and sharing information on
trail conditions, and helping to remove litter. Bicycli.qs should understand their respomibility to avoid nnnet~ry
degradation by avoiding muddy or wet areas, avoiding spinning their tires or locking their brakes, and keeping clear of the trail
edges to minimiTe breakdowll oflip~ alld ~ Ride on ~ trails oniy and never ride off trail. Bicyclists may wish to
participate in volunteer construction / maintenance wo~es.
4. Managemem regulations limiting party size, length of stay, or limiting entry to those with advance permi.~sions and following
proscribed rules can be implemented.
D. One possible process in evahiating potential im.n~el$ is tlmt l~ forth in the California Eilvironlnental Qnality Act (CEQA)
Sierra Club Draft MTB Poli~ Pa~e 3
'hccklist. Factors such as width and condition of the trail, adjacent environmen/al resources, public comment, and testimony
from land mzn:~gers and availability of funding, will bear heavily upon determination of appropriateness.
E. Monitoring is called for in the policy. Monitoring and patrolling inclnding volunteer bicycle patrols can conth~t periodic
visitor surveys, perform rider education, do minor maintenance, keep an accurate inventory, of trails - recording use. conditions
and trends, and can, when authorized, perform law enforcement activities, ff the results of monitoring demonstrate that the
management re, men is not protecting the environment or the safety of other users then corrective actions must be undertaken_
If corrective actions are beyond regulatory control, or are not financially attainable, then use ofbicycles on the specific trail or
area must be prohibited.
F. After addressing environmental concerns, social concerns may be addressed by considering the key components of Wail design
and construction which bear its appropriateness for bicycle use are: width, slope, visibility, and proper signing. The
consideration of these factors ensures that the wail will provide a pleasant, safe, and environmentally responsible form of
recreation. Some examples of trail design mformatiun can be found in the bibliography.
G. Trail user etiquette and rider education programs will go far to remove some of fl~e divisions which lmve formed due to past
experiences. The Sierra Club encourages all trail users to cooperate in efforts to heighten awareness of, and participation in,
these programs. Education can be done in many ways, including, but not limited to: audiovistlal presentations; Ptlblic service
announcements
prepared for TV, radio and print outlets and community presentations from user groups or manufacturers; production of printed
materials; and information kiosk or trail head si~tming. Joint activities can provide rider education, vol,~)eer Wail maintenance,
or just plain fun interaction. Distribution of maps and guidebooks can help alleviate problemn which arise from a lack of
information.
Appendix
A. Definitions
i. Single track trail - a single track Wail is one where users m,_~ generally travel m single file.
ii. Public Land - Public land is land managed by federal, state, or local government and which is open to the general public for
recreation pumtits.
iii. Si~c, nificant - Determination of thc meaning of si~t, nificant will rest, to a great degree, upon local entities and thc regulatory
agencies to which they appeal for such a determination. Bicycle use effects no greater ~han those caused by responsible foot
travelers are often not si~nificant. Any usc, including foot travel that degrades'the environment can be significant.
B. Resource list/B~liography
The following publications may prove helpful to local groups and chapters. They are only suggested readings and it is an
incomplete list.
Conflicts on multiple-use Wails; Synthesis of thc literature and the state of the practice,. Roger Moore. Federal highway
administration. Report # FHWA-PD-031
US Forest Service Trail Management Handbook, FSH 2309.18
Mountain Bikes on Public lands, Bicycle Federation of America
A New Perspectives Approach in National Forest Mnnagement and its Application to Mountni~ Bike MnnagemenL Andy K~gla
Recreational specialist, USDA Forest Service Region One, Lolo National Forest Supervisor's Office.
Mid-peninnula Regional Open Space District Wail use policies 1990
Trail Use guidelines and mitigation measures, January, 1993
Strategic Plan-1994-98, Mountain Biking Pmgrnm~ San Jacimo ranger district. USDA ranger district. USDA forest Sea-v'ice
Region nme, San Bemardino National Forest.
California Environmental Q~m]ity Act 197 ,Checklist,
C. Lists of some management alternatives.
TRAIL AND TRAIL USER MANAGEMENT
Si~ra Club ~ MTB Poli~ Pa[~e 4
'~ Walk bicycles in c~'t'aln ~
2. One way only trail sections.
3. Speed limits.
4. Restrict use by time of day, day of week, week of month, month of year.
5. Restrict use by season (e.g., wet soil anirnnl-se~itive)
6. Separate di~erent user types at ~ heads and congested area
7. Area permits/licenses, ~;e~,ations an0 trip peannil~.
8. Party size limits, Trail limi~ on numl~ of ritl~/groul~ ~t om~ time.
9. IMBA Rules of the trail
a. Ride on open trails only ~ad never ride off trail.
b. Keep bicycle under control
¢. Bicyclists yield trail to foot Ravelers, both animal and h,nmn
Yielding trail me, ans be prepared to stop, establish communication.
d. Leave no trace.' Don't lock brakes. Avoid mud~ minimize leaving tmcl~ Don't break dmva trail berm. Take out more trash
than you take in~
e. Plan ahead.
f. Never scare ~nimnin
I0. Inform others of trail ami trail use comtitioas.
11. Trail alignment to IninimiTe ~oil ero~oll.
12. Trail alignment to avoid wc~lnnds.
13. Trail alignment to avoid sensitive plant ha~itaC
14. Trail alj~nment to avoid senni~ve anirrml lmbitat.
15. Trail alignment to avoid sensitive archaeological/cultural features.
16. Trail alignment to maximize compat~/lity with adjacent land use and connecting trail use.
17. Design features by that res~ict speed, such as barriers and speed I~mps.
18. Desig~ features that enhance sight distant.
19. Design features that minimize trail erosion: grades, turn radii, u~ad hardening, d~irmge control
2O. Design wide or pull<mt serious to facilitate safe passing.
21. Design features for user enjoyment' loop Wails, sterne destinations, picaic,/camp sites..22. Barriers to prevent leaving trail
Block and obliterate (rehabilitate) uaautborized trails.
23. Inventory trails recording use, conditions, ami t~ends.
24. Visitor surveys.
TRAIL USER EDUCATION
! Posters.
2 Brochures.
3 Hang tags.
4 Slides.
5 Videos.
6 Press relcases/intcrviews/tnlk shows/Public Service Announcements (PSAs).
7. Maps.
8 Guidebooks.
9 School presentations.
10.trailhead signs
! 1.Bicycle shop posting
12.telephone hotlines
GO BACK TO:
Mountain Biking nnd Trail Use Page 2
Mountain Biking and Trail Usc Page 1
Environmcmal L~'ucs
HOME
Carvins Cove Watershed Protection
The Carvins Cove watershed (Cove) provides the citizens of the City of
Roanoke, and some citizens in other communities, a source of dependable and
high quality raw water. The high quality of the raw water and the level of
protection (restricted use and access) to the 12,000 ± acre watershed results in
our having one of the lowest water rates in the State of Virginia.
Water treatment processes, and therefore costs, are dictated by the
variability of the raw water quality, e.g. does it get dingy or muddy after little or
substantial rainfall, the amount of contamination to be removed, the type of
contaminants to be removed and the susceptibility to other types of
contamination. One type of contaminant which is expensive to remove is
trihalomethanes. Trihalomethanes is an organic carcinogen readily caused by run
off from charred ground cover. A history of fires, either caused by nature or by
human factors would likely result in the City, and its water customers, having to
construct and operate a trihalomethane removal system. Additionally, it is
commonly known that erosion increases on land that has experienced fire.
Historically, the governing bodies (councils) have permitted casual
recreation, hiking, biking, horseback riding, etc. in addition to boating and fishing.
Councils have steadfastly maintained that the quality of the raw water and the
strict protection of the watershed take first priority and have not waived from that
stance whether a viable alternative for a proposed venture is available or not.
There are, however, alternate viable venues for mountain bike racing.
Additionally, future councils may wish to evaluate the increasing use (and
increasing potential risk) of the Cove for the frequency of conflicts for citizens
pursuing recreational interests of picnicking, hiking, biking, and horseback riding.
Mary F. Parker, CMCIAAE
C~J Clerk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #2-27-223-468
Sandra H. Eakin
Deputy city C~,rk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33613-100697 providing for acquisition of property
rights needed by the City for construction of the Baker Avenue Storm Drain Project,
authorizing the City Manager to fix a certain limit on the consideration to be offered by the
City, providing for the City's acquisition of such property rights by condemnation, under
certain circumstances, authorizing the City to make motion for the award of a right-of-entry
on any of the parcels for the purpose of commencing the project, and authorizing the
proper City officials to enter into a right-of-entry agreement with Norfolk Southern
Corporation and its Operating Subsidiaries to allow the City to conduct an environmental
assessment of property owned by the railroad, upon certain terms and conditions. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, October 6, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
Attachment
pc:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Delores D. Daniels, Assistant to the City Manager for Community Relations
Diane S. Akers, Budget Administrator
W. Robert Herbert
October 8, 1997
Page 2
pc:
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Sarah E. Fitton, Engineering Coordinator
Rosemary Trussell, Accountant, Contracts and Fixed Assets, Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 1997.
No. 33613-100697.
AN ORDINANCE providing for the acquisition of property rights
needed by the City for the construction of the Baker Avenue Storm
Drain Project; authorizing the City Manager to fix a certain limit
on the consideration to be offered by the City; providing for the
City's acquisition of such property rights by condemnation, under
certain circumstances; authorizing the City to make motion for the
award of a right-of-entry on any of the parcels for the purpose of
commencing the project; authorizing the proper City officials to
enter into a right-of-entry agreement with Norfolk Southern
Corporation and its Operating Subsidiaries to allow the City to
conduct an environmental assessment of property owned by the
railroad, upon certain terms and conditions; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the construction of the Baker Avenue Storm Drain
Project, the City wants and needs certain fee simple interest,
permanent and temporary construction easements, and rights of
ingress and egress, as more specifically set forth in the report
and Attachment "A" thereto, of the Water Resources Committee to
this Council dated October 6, 1997, on file in the Office of the
City Clerk. The proper City officials are authorized to acquire
for the City from the respective owners the necessary property
rights with respect to the parcels, for such consideration as the
City Manager may deem appropriate, subject to the limitation set
out below and subject to applicable statutory guidelines. All
documents shall be upon form approved by the City
requisite
Attorney.
2.
The City Manager is directed to offer on behalf of the
City to the owners of each of the aforesaid parcels, such consider-
ation as he deems appropriate for the necessary interests,
provided, however, the total consideration offered or expended, the
costs of environmental testing, title searches, recordation fees
and all other costs associated with acquiring the necessary
property rights, shall not exceed $25,000.00 without further
authorization of Council. Upon the acceptance of any offer and
upon delivery to the City of a deed, approved as to form and
execution by the City Attorney, the Director of Finance is directed
to pay the respective consideration to the owners of the interest
conveyed, certified by the City Attorney to be entitled to the
same.
3. Should the City be unable to agree with the owner of any
real estate over which an easement 'is required or should any owner
be a person under a disability and lacking capacity to convey real
estate or should the whereabouts of the owner be unknown, the City
Attorney is authorized and directed to institute condemnation or
legal proceedings to acquire for the City the appropriate property
rights.
4. In instituting or conducting any condemnation proceeding,
the City Attorney is authorized to make motion on behalf of the
City for entry of an order, pursuant to §25-46.8, Code of Virginia
(1950), as amended, granting to the City a right of entry for the
purpose of commencing the project. The Director of Finance, upon
request of the City Attorney, shall be authorized and directed to
draw and pay into court the sums offered to the respective owners.
5. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, on behalf of the City, to execute
and attest, respectively, a right-of-entry agreement with Norfolk
Southern Corporation and its Operating Subsidiaries to allow the
City to conduct an environmental assessment of the property owned
by the railroad. Such agreement may provide for indemnification by
the City and shall contain any other reasonable terms and
conditions deemed necessary and appropriate by the City Manager, as
more particularly set forth in the report of the Water Resources
Committee dated October 6, 1997. The form of the agreement shall
be approved by the City Attorney.
6. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
H:\ORD\O-BAKER. IA
Mary F. Parker, CMCIAAE
c~ Ck~rk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #2-27-223-468
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33612-100697 amending and reordaining certain
sections of the 1997-98 Capital Projects Fund Appropriations, providing for appropriation
of $25,000.00 in connection with acquisition of property rights needed by the City for the
Baker Avenue Storm Drain Project. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, October 6, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:gd
Attachment
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Delores D. Daniels, Assistant to the City Manager for Community Relations
Diane S. Akers, Budget Administrator
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Sarah E. Fitton, Engineering Coordinator
Rosemary Trussell, Accountant, Contracts and Fixed Assets, Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 1997.
No. 33612-100697.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriation
Sanitation
Baker Street Drainage Project (1) .............................
Capital Improvement Reserve
Public Improvement Bonds - Series 1996 (2) ....................
$ 589,829
7O,0OO
$ 11,856,079
9,267,018
1) Appropriated from
Bond Funds (008-052-9642-9001) $ 25,000
2) Storm Drains (008-052-9701-9176) (25,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect
from its passage.
ATTEST:
City Clerk.
RECEIVED
CITY CLF_R?~S OFF!~iC
October 6, 1997
Ail :22 Report No. 97-358
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Acquisition of Property Rights for Baker Avenue Storm
Drainage Project
The attached staff report was considered by the Water Resources Committee at its
regular meeting on September 22, 1997. The Committee recommends that Council take the
following actions in accordance with conditions stated in the attached report:
Authorize the City Manager to acquire all property rights for the
property listed on Attachment "A", as necessary for the Baker Avenue
Storm Drainage Project. Such property rights may include those listed
in Alternative IV.A.
Authorize the City Manager to enter into a Right of Entry Agreement
with the Railroad for the Railroad's property listed in Attachment "A",
with reasonable conditions as determined by the City Manager and as
approved by the City Attorney, to allow the City or its agents,
consultant, contractor, or representatives access to private property for
purposes of conducting an environmental assessment of such property,
including surveys, borings, test wells, and examination of such property,
in order to try to determine the environmental condition and suitability
of such property for the Baker Avenue Storm Drainage Project.
o
Appropriate $25,000 from the 1996 General Obligation Bond proceeds
account number 008-052-9701-9176 to an account to be entitled "Baker
Avenue Drainage Project" for environmental testing, title searches,
Honorable Mayor and City Council
October 6, 1997
Page 2
recordation fees, consideration to landowners and all other costs
associated with acquiring property rights for the Baker Avenue
Storm Drainage Project.
Respectfully submitted,
Linda F Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huffine, City Engineer
Delores D. Daniels, Assistant City Manager for Community Relations
Diane S. Akers, Budget Administrator
Ellen S. Evans, Construction Cost Technician
Sarah E. Fitton, Engineering Coordinator
Rosemary Trussell, Accountant, Contracts and Fixed Assets
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
Report No. 97-358
DATE:
TO:
FROM:
THRU:
SUBJECT:
September 22, 1997
,Member,s, Water Resources Committee
~tB. K,ser, D~rector, ,l~t~ht~es and OperatIons
W. Robert Herbe~'t~,, City Manager
ACQUISITION OF PROPERTY RIGHTS FOR
BAKER AVENUE STORM DRAINAGE PROJECT
Backoround on the subject in chronological order is as follows:
A sionificant drainaoe oroblem has existed for over 20 years on Shenand0~h
Avenue between Baker Avenue and Luckett Street. Shenandoah Avenue
carries over 14,000 vehicles per day and is frequently flooded to depths that
slow or impede traffic. Also, several businesses located in this area of
Shenandoah Avenue are repeatedly flooded by the lack of proper drainage.
Bo
The Enoineerino Deoartment has established a priority index system for r{~ting
drainaoe Droiects. and the Baker Avenue Draina(~e Pro!ect is currently one of the
hiohest rated projects due to its impact on the travelino Dublic and existinn
businesses.
Fundino for the Dro!ect was established in the 1996 General Obliqation Bond
Issue.
II.
Current situation is as follows:
Ae
Baker Avenue Drainaoe Pro!ect desi_on is comDlet~ and bids were received on
August 19, 1997.
Be
Authorization is needed to move forward with acouisiti0n of necessary property
rights (shown on Attachment A).
The City's Environmental Officer has determined that a Phase II environm~nl;~l
site assessment is needed for three of the properties included in this project.
Norfolk Southern Corporation and its Operating Subsidiaries (Railroad) have
requested additional conditions to the City's standard Right of Entry Agreement
for the on-site testing and sampling on its property. While the City may be
authorized to enter private property for such testing under the Virginia Code
§25-232.1, in an effort of cooperation and in order to complete testing in a
timely manner, it is recommended that a Right of Entry Agreement be entered
into with the Railroad. Such Right of Entry Agreement would include certain
H:\USER\ENGKDH\REED\WRC\BAKER.WRC
Members, Water Resources Committee
ACQUISITION OF PROPERTY RIGHTS FOR
BAKER AVENUE STORM DRAINAGE PROJECT
September 22, 1997
Page 2
Report No. 97-358
notice and insurance requirements and that the City be responsible for actual
damages that may result from such Right of Entry.
III.
Issues in order of importance are as follows:
A. Need
B. Timing
IV.
Alternatives in order of feasibility are as follows:
Authorize the City Manager to enter into a Rioht of Entry Agreement with the
Railroad for the Railroad's nroDertv listed on Attachment "A", and authorize the
City Manaoer to acouire all property riahts for the properties listed in
Attachment "A" necessary for the construction of the project, all in a form
acceptable to the City Attorney. Said property rights may be acquired by
donation, negotiation, or eminent domain and may include fee simple,
permanent easements, temporary construction easements, railroad permits, and
indemnification of the Railroad of liability related to such construction, removal,
replacement, and maintenance.
Need for property rights acquisition has been identified by design of the
Baker Avenue Drainage Project.
Timina of property rights acquisition is critical to avoid delay of project
schedule.
Do not authorize the City Manaoer to enter into a Right of Entry Agreement with
the Railroad for the Railroad's DroDertv listed on Attachment "A". and dQ nQt
authorize the City Manaoer to acouire all property rights for the orooertie8 listed
in Attachment "A" necess~lry for the construction of the project.
Need for property rights acquisition identified by design of the Baker
Avenue Drainage Project would not be met.
Timino of property rights acquisition to avoid delay of project schedule
would not be met.
Committee's recommendatior~ is that City Council concur in Alternative A, and take the
following specific actions:
H:\USER\ENGKDH\REED\WRC\BAKER.WRC
Members, Water Resources Committee
ACQUISITION OF PROPERTY RIGHTS FOR
BAKER AVENUE STORM DRAINAGE PROJECT
September 22, 1997
Page 3
Report No. 97-358
Ao
Authorize the City Manager to acauire all property riahts for the property listed
on Attachment "A", as necessary for the Baker Avenue Storm Drainaae Pro!~;t.
Such property rights may include those listed in Alternative IV.A.
Authorize the City Manaaer to enter into a Rioht of Entry Aareement with the
Railroad for the Railroad's oroDertv listed in Attachment "A", with reasonable
conditions as determined by the City Manager and as approved by the City
Attorney, to allow the City or its agents, consultant, contractor, or
representatives access to private property for purposes of conducting an
environmental assessment of such property, including surveys, borings, test
wells, and examination of such property, in order to try to determine the
environmental condition and suitability of such property for the Baker Avenue
Storm Drainage Project.
ADDro[~riate $25.000 from the 1996 General Oblioation Bond Droceeds account
number 008-052-9701-9176 to an account to be entitled "Baker Avenue
Drainaoe Proie<;t" for environmental testing, title searches, recordation fees,
consideration to landowners and all other costs associated with acquiring
property rights for the Baker Avenue Storm Drainage Project.
WRH/KBK/JGR/kh
Attachment
C'
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Engineering Coordinator
Accountant, Contracts and Fixed Assets
Budget Administrator
H:\USER\ENGKDH\REED\WRC\BAKER.WRC
Attachment A
To Water Resources Report 97-358. Dated Ser~tember 22. 1997
Baker Avenue Storm Draina_ee Proiect
Tax MaD No.
2510101
2510118
2510126
2510127
2510130
2510206
2510208
2510209
2520119
2520122
Property Owner
Mullins Land Co.
William Hardie, III
William Hardie, Jr.
Sims Family, LLC
Havnaer Realty, LLC
Concrete Pipe & Products
Lightweight Block
Norfolk Southern Corp.
and its Operating Subsidiaries
L.C.M.
J. M. Turner Company, Inc.
Addre~8
3372 Shenandoah Avenue, NW
Shenandoah Avenue, NW
3334 Shenandoah Avenue, NW
3308 Shenandoah Avenue, NW
3320 Shenandoah Avenue, NW
Baker Avenue, NW
Shenandoah Avenue, NW
Baker Avenue, NW
3321 Shenandoah Avenue, NW
Shenandoah Avenue, NW
H:\USER~ENGKDH\REED\WRC\BAKER.WRC
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #24-184
Sandra H. Eakin
Deputy C~y C~rk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33595-100697 amending and reordaining the Code
of the City of Roanoke (1979), as amended, by enacting new Section 2-47,
leave bank, to provide for the creation of a leave bank for eligible employees of the City
who elect to participate, establishing the requirements and criteria for participation in such
program and for usage of such leave, authorizing the City Manager to promulgate rules
and regulations, and establishing a required participation level. The abovereferenced
measure was adopted by the Council of the City of Roanoke on first reading at a regular
meeting held on Monday, September 22, 1997, and adopted on its second reading on
Monday, October 6, 1997, said leave bank program shall become operational on
December 1, 1997, provided that the City Manager has, on or before such date, filed a
certificate with the City Clerk that one-third of the employees eligible to participate in such
program have elected to do so.
~"'" ~ ~" -~'Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
Attachment
pc:
The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
W. Robert Herbert
October 8, 1997
Page 2
pc;
The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32304
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Bobby D. Casey, Office of the Magistrate
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kenneth S. Cronin, Manager, Personnel Management
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 1997.
No. 33595-100697.
AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as
amended, by enacting new §2-47, Employee leave bank, to provide for the creation of a leave bank
for eligible employees of the City who elect to participate; establishing the requirements and criteria
for participation in such program and for usage of such leave; authorizing the City Manager to
promulgate rules and regulations; and establishing a required participation level.
BE IT ORDAINED by the Council of the City of Roanoke that the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained by the addition oftbe following new
section:
§2-47. Employee leave bank.
(a) This section shall apply to nontemporary officers and employees of the City
who shall be referred to herein as "employees."
(b) In this section, where two different numbers are set out with the second
number in parentheses, the first number shall apply to employees who do not work a
three-platoon system, and the number in parentheses shall apply to employees who
work a three-platoon system.
(c) A leave bank program for employees is hereby established. The leave bank
shall consist of hours which have been contributed by or assessed from employees
who elect to participate in the program.
(d) New employees of the City may participate at time of employment by agreeing
to contribute extended illness leave hours as accrued. Other employees of the City
shall be offered an opportunity to participate during each fiscal year at a time
designated by the City Manager.
(e) Each employee not working a three-platoon system who elects to participate
in the leave bank shall contribute 16 hours of vacation leave, paid leave, extended
illness leave, or sick leave, or some combination thereof. Each employee working a
three-platoon system who elects to participate in the leave bank shall contribute 32
hours of vacation leave, 26 hours of paid leave, 24 hours of extended illness leave, or
24 hours of sick leave.
(f) Any employee who desires to borrow hours from the leave bank shall submit
an application along with a certificate from a medical doctor or dentist indicating the
nature of the employee's illness or injury, that the employee is unable to perform any
work for the City because of such illness or injury, and approximately how long the
employee will be unable to work. The City Manager may require a certification from
a medical doctor or dentist selected by the City.
(g) The leave bank shall be authorized to lend a maximum of 360 (504) hours of
leave per fiscal year to participating employees who, after exhausting all available
leave, are unable to return to work because of a long-time illness or injury. An
employee's eligibility to borrow from the leave bank shall commence 6 months after
the employee's enrollment in the leave bank program and shall cease after 90 calendar
days from the date of the onset of the employee's injury or illness.
(h) Each employee who borrows from the leave bank will be required to repay the
number of hours borrowed. Each employee shall be required to repay at least 24 (34)
hours per fiscal year. Upon termination of employment, any balance owed to the
leave bank shall be repaid from any leave available to the employee.
(i) All donations and assessments of leave shall be irrevocable at the time that the
donation or assessment is made.
(j) If the total number of hours in the leave bank falls below 800 hours, each
employee who desires to continue to participate in the program will be assessed an
additional 8 (12) hours.
(k) The City Manager is hereby authorized to promulgate such rules and
regulations as he deems necessary and appropriate to carry out the purposes of this
section.
(1) The leave bank program shall become operational December 1, 1997, provided that
the City Manager has, on or before such date, filed a certificate with the City Clerk that one-
third of the employees eligible to participate in such program have elected to do so.
ATTEST:
City Clerk
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
RECEIVED
CITY CLERi'~S OFF!CE
'97 SEP18 P3:04
September 22, 1997
97-14
Dear Members of Council:
SUBJECT: Leave Bank Policy Proposal
I. BACKGROUND IN CHRONOLOGICAL ORDER IS AS FOLLOWS:
Request has been made by Ci_ty Council to review the possibility of establishing a
leave bank for City employees.
Bo
A leave bank would provide City employees with an opportunity to be paid their
salary during an illness or disability for the time period between expiration of
accumulated leave (vacation, paid leave, sick leave, extended illness leave,
holiday leave and compensatory time) and the beginning of the City's long term
disability coverage.
Co
Long term disability insurance coverage was offered to City employees effective
April, 1996 resulting in more than 85 percent of employees enrolled.
II. CURRENT SITUATION IS AS FOLLOWS:
mo
Employees in the City of Roanoke have leave plans available for their use such as
vacation, paid leave, sick leave, extended illness leave, holiday earned, and
compensatory time.
2.
3.
4.
5.
6.
Average vacation leave balance is 156 hours.
Average paid leave balance is 128 hours.
Average sick leave balance is 515 hours.
Average extended illness leave balance is 311 hours.
Average holiday earned leave balance is 4 hours.
Average compensatory time balance is 9 hours.
Bo
Long term disability payments begin after 90 calendar days of disability. It would
take approximately 520 hours of leave for an eight hour per day employee to
cover this period, based on approximately 13 work weeks at 40 hours per week.
Co
Catastrophic situations can occur that render employees unable to return to work
and without sufficient leave time to qualify for long term disability benefits
without a loss of monthly income.
Honorable Mayor and City Council
Page 2
Bo
Employee BenefitS Awareness Committee of the City of Roanoke considered
drafts of Leave Bank and Leave Donation policy at their meeting April 8, 1997.
Major provisions of the proposed leave bank policy are:
o
7.
8.
9.
10.
11.
12.
All regular employees would be eligible to participate.
Initial membership shall include 33 percent of all regular employees in
order to begin the program. Calculation will be made on or before
December 1, 1997.
Membership in the leave bank would be offered to new employees and
once a year to all employees.
Employees would initially contribute 16 hours of vacation leave, paid
leave, extended illness leave or sick leave to enroll in the leave bank.
Application to withdraw hours from the leave bank would be made by
employees to an employee committee appointed every three years by the
Manager of Personnel Management.
Employees must exhaust all available leave before leave bank hours may
be used.
Maximum leave bank hours that may be granted to an employee would be
360 hours during a fiscal year.
Leave bank hours may be used only for the employee's own disability and
not for a family member.
Repayment by employees to the leave bank would be required at a rate of
at least 24 hours per year.
Members of the leave bank would be assessed an additional 8 hours each
when the total balance of the leave bank becomes reduced to 800 hours.
Leave bank eligibility ceases when an employee is eligible for the City's
long-term disability coverage (90 days from the date of disability). If an
employee has not signed up for long term disability coverage, eligibility
for leave bank benefits also ends after 90 calendar days from the date of
disability.
The number of hours of donated leave, leave usage, and related issues
shall be adjusted for 24-hour shift employees according to leave accrual
and hours worked by such employees as set forth in the attachment to this
report.
Honorable Mayor and City Council
Page 3
IlL ISSUES IN ORDER OF IMPORTANCE ARE:
A. Income protection for employees
B. Fairness to employees
C. Administration of City leave and insurance plans
D. Cost
IV. ALTERNATIVES IN ORDER OF FEASIBILITY ARE:
mo
Implement a leave bank policy to allow City. employees to contribute vacation
leave, paid leave, extended illness leave or sick leave to a bank for withdrawal as
needed and assessment of leave bank members for more contributions as needed.
Income protection for employees is enhanced in that even a new employee
with low leave balances can have some income protection to cover the
period before long term disability claim payments begin.
Fairness to employees is provided by the establishment of a review panel
to determine award of leave bank hours.
o
Administration of City leave and insurance plans will be accomplished
through the establishment of a leave bank, recruitment of members,
monitoring of leave bank contributions and withdrawals, appointment of
the review panel, and a communications plan to inform members of leave
bank activity.
Cost is the value of leave hours used and is covered in regular salaries.
Experience of other employers with similar plans shows very low usage of
the benefit therefore cost is expected to be minimal.
B. Do not establish a leave bank policy.
1. Income protection for employees remains the same.
2. Fairness to employees is not an issue
3. Administration of City leave and insurance plans is not an issue.
4. Cost is not an issue
Honorable Mayor and City Cotmcil
Page 4
RECOMMENDATION
mo
Concur in Alternative A, and implement a leave bank policy (proposed copy
attached) effective December 1, 1997, to allow City employees to contribute
vacation leave, paid leave, extended illness leave or sick leave to a leave bank for
application for use in the case of a catastrophic condition.
B. Funding is already provided in the regular salaries.
Respectfully submitted,
W. Robert Herbert
City Manager
PROPOSED
PERSONNEL OPERATING PROCEDURE
Leave Bank
I1.
II1.
PURPOSE:
To provide a means for employees to participate in a plan to offer leave to cover needs
during catastrophic situations.
APPLICABILITY:
Applies to all regular employees of the City of Roanoke.
IMPLEMENTATION:
A. Membemhip
Membership in the leave bank shall be voluntary on the part of employees.
Membership shall include at least 33 percent of all regular employees.
Implementation of this program will not occur should less than 33 percent of
regular employees elect to participate. Calculation of the percentage of
employees participating will be made on or before December 1, 1997.
B. Enrollment
Initial amount - An eligible employee except fire-ems 24 hour-shift employees
may enroll by contributing 16 hours of vacation, paid leave, extended illness
leave or sick leave to the bank. Fire-ems 24 hour-shift employees may enroll by
contributing 32 hours of vacation or 26 paid leave or 24 hours extended illness
leave or 24 hours sick leave to the bank. Leave Bank Application forms shall be
available in the Department of Personnel Management for this purpose. This
contribution is irrevocable and will not be returned to the participating employee.
The date of deduction of this leave contribution is initially December 1, 1997 and
July 1 for new members thereafter.
Periods of enrollment shall be as follows:
1. Initial enrollment period will be provided for existing employees.
New employees may enroll within the first 30 calendar days of
employment by completing the Leave Bank Application.
Leave Bank - Page 2
Employees who are not members of the leave bank may enroll for the
following fiscal year by completing the Leave Bank Application form
during the period of May 15 through June 15. Employees must be
enrolled in the leave bank for six months prior to becoming eligible to use
the benefits of the leave bank. This six-month qualification period must
expire before the eligibility period commences for benefits relating to any
illness or disability.
Health Insurance
All employees participating in the Leave Bank are required to certify that
they are covered by a health insurance plan.
Leave Bank Benefit Utilization
1. The employee must make application for this benefit. It is not automatic.
The leave bank benefit may be used by a member for a major or long
term illness, the duration of which requires the employee to utilize all of
his or her available leave. Benefit is for the employee only and family
illnesses are excluded from coverage.
A member shall not be permitted to use leave bank benefits until all forms
of the member's own leave is exhausted.
A medical doctor's or dentist's certification is required before a leave
bank member can use his or her leave bank benefit. This certification is
to be indicated on the "Application for Use of Leave Bank" and submitted
to the Department of Personnel Management. The doctor must indicate
the nature of the illness or disability, that the employee is totally unable to
perform any work because of such illness or disability, the date the
employee ceased work, and approximately how long the employee will be
unable to work. In some instances, it may be necessary for the
certification to be approved by a physician selected by the Manager of
Personnel Management.
A maximum of 360 hours from the leave bank may be utilized each fiscal
year by any one member except fire-ems 24-hour shift employees have a
maximum usage of 504 hours. Participating members must return to
work and must meet the requirements of items 1,2,3, and 4 above before
again becoming eligible to utilize leave bank benefits.
Leave Bank- Page 3
Leave bank benefits cease to be available after 90 calendar days from
the date of the disability or illness as specified in number 4 above.
Applications for use of leave bank benefits will be reviewed by a
committee of one employee from the department with the most members,
one employee from another department, and one supervisor/manager.
The committee is appointed by the Manager of Personnel Management
and shall meet within ten working days of the receipt of application. The
committee will serve for three fiscal years. In the event that an
application is denied, an appeal may be made within five (5) working days
to the City Manager or his designee, who will give final decision within ten
working days of the receipt of appeal.
Repayment ReQuirements
At the beginning of each fiscal year, following the receipt of benefits, the recipient
except fire-ems 24-hour shift employees shall donate a minimum of 24 hours to
the leave bank until the benefits received have been repaid in full. Fire-ems 24-
hour shift employees shall donate a minimum of 34 hours to the leave bank until
the benefits received have been repaid in full. Upon termination of employment,
any balance due to the leave bank shall be repaid to the leave bank from the
member's balance of available leave.
Additional Assessments
Members of the leave bank except fire-ems 24-hour shift employees shall
be assessed an additional eight (8) hours of leave when the total bank
balance is reduced to 800 hours. This assessment amount is twelve (12)
hours of leave for fire-ems 24-hour shift employees.
Notification of such assessment shall be sent to each member at the time
it is determined to be necessary, and the assessment shall be made
unless the participant chooses to cease membership in the bank. A
member not wishing to adhere to the assessment may terminate
membership in the bank by notifying the Department of Personnel
Management, in writing, within 30 calendar days from the date of notice.
A member who does not have enough leave to contribute will be
assessed with a negative leave balance which will reduce as leave is
accumulated.
Leave Bank - Page 4
G. Termination of Employment
Upon termination of employment or withdrawal of membership from the leave
bank, a participating employee shall not be permitted to withdraw any contributed
leave hours.
H. The City of Roanoke reserves the right to terminate or modify this program.
Office of the City Manager
September 18, 1997
Dear City Employee:
I want to make you aware of a new benefit that will be considered by city council at
the September 22, 1997 meeting. This benefit is called a leave bank. The concept of a
leave bank is similar to borrowing money from a bank. A participating employee can
borrow time from the bank in order to be paid their salary during an illness or disability for
a period of time between the expiration of accumulated leave (vacation, paid leave, sick
leave, extended illness leave, holiday leave and compensatory time) and when the
employee becomes eligible for the city's long term disability coverage.
In order to borrow time, an employee must contribute some form of leave to
participate in the program. If approved by City Council, employee meetings will be held
to provide you with an opportunity to find out more about this benefit and determine if it is
right for you.
Sincerely,
W. Robert Herbert
City Manager
WRH/dh
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
MARY F. PARKER, CMC/AAE
City C!erk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 8, 1997
File #228
SANDRA H. EAKIN
Deputy City Clerk
Donald J. Borut, Executive Director
National League of Cities
1301 Pennsylvania Avenue, N. W.
Washington, D. C. 20004
Dear Mr. Borut:
I am enclosing copy of Resolution No. 33616-100697 designating the Honorable Linda F.
Wyatt, Vice-Mayor, as Voting Delegate and the Honorable Carroll E. Swain, Council
Member, as Alternate Voting Delegate for the Annual Business Session of the National
League of Cities to be held in Philadelphia, Pennsylvania, on December 6, 1997. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, October 6, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:gd
Enclosure
pc:
The Honorable Linda F. Wyatt, Vice-Mayor
The Honorable Carroll E. Swain, Member, Roanoke City Council
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 1997.
No. 33616-100697.
A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for
the Annual Business Meeting of the National League of Cities.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. For the National League of Cities Conference to be held on December 3-6,
1997, in Philadelphia, Pennsylvania, and any Business Meetings in connection with such
Conference, the Honorable Linda F. Wyatt, Vice-Mayor, is hereby' designated Voting
Delegate, and the Honorable Carroll E. Swain, Council Member, is hereby designated
Alternate Voting Delegate.
2. Mary F. Parker, City Clerk, is directed to take any action required by the
National League of Cities with respect to certification of the City's official Voting Delegate
and Alternate Voting Delegate.
ATTEST:
City Clerk.
H:/MEASURES/R-VOTNLC. 6
To:
1997 CONGRESS OF CITIES - PHILADELPHIA, PENNSYLVANIA
Chair, Credentials Committee
National League of Cities
1301 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
The official voting delegate and alternates for the City of
Roanoke are:
FIR IR:ICE IS[ 8NLY
r-1
No. of Votes
VOTING DELEGATE
Linda F. Wyatt Vice-Mayor
IIiIIm
NA~anoke ~IyLE .
wr§~nia
CITY STATE
ALTERNATE VOTING DELEGATES
2. Carroll E. Swain, Council Member 3.
NAME TITLE NAME TITLE
Roanoke Vi roi ni a
CITY SI7'/~ E CITY STATE
S,.,d,v:/~'~ ,~l ~(.:~. ~t.'~t~_..._ m,: City Clerk Dm: October 6, 1997
NOTE: Each direct member ~ity is entitled to one voting delegate and two alternate voting delegates. The number of votes which can be cast is based on the city's
population as determined in the 1990 Census.
1. PLEASE DO NOT FILL IN SHADED AREA. THIS IS FOR NLC OFFICE USE ONLY.
2. Please type or print your city name in the space provided.
3. Please t~pe or print the name, title, city, and state of voting delegate and alternate(s).
4. Please sign the IVORY form and return to Chair, Credentials Committee; send the BLUE copy to your State League Director; and keep WHITE copy tot your
record.
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #55-57-326
Sandra H. Eakin
Deputy C~ Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke on Monday, October 6, 1997,
Council Member Swain referred to an inventory prepared by the Fifth Planning District
Commission of sidewalks in the City of Roanoke where citizens board Valley Metro buses.
He advised that some of the sidewalks are in need of repair, or there are locations where
no sidewalks exist which could create a potential safety hazard.
The matter was referred to you for investigation and report to Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
pc:
William F. Clark, Director, Public Works
Kathryn V. Weikel, General Manager, Valley Metro
Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O.
Box 2569, Roanoke, Virginia 24010
Mary F. Parker, CMCIAAE
c~y Ck~rk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #40-132
Sandra H. Eakin
Deputy C~y Ck~rk
Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
At a regular meeting of the Council of the City of Roanoke on Monday, October 6, 1997,
Mr. Gary M. Bowman, 3580 Wright Road, S. W., requested that Council provide non-
partisan information to voters prior to the November 4, 1997 referendum on the election
district system, and that placards be provided at the polling places listing the ballot
question and an explanation of the ballot question. Vice-Mayor Wyatt suggested that copy
of the election district map be posted at each of the voting precincts.
On motion, duly seconded and adopted, the matter was referred to you to research legal
questions and report to Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
pc:
Mr. Gary M. Bowman, 3580 Wright Road, S. W., Roanoke, Virginia 24015
W. Robert Herbert, City Manager
Louella C. Thaxton, Registrar
Mary F. Parker, CMCIAAE
c~ Clerk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1997
File #165-488
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke on Monday, October 6, 1997,
Ms. Janet Vinyard, 4024 Griffin Road, S. W., which is located in the Southern Hills section
of the City, advised of the formation of a new neighborhood alliance which will bring certain
matters of concern to the attention of Council in the near future.
The Mayor suggested that representatives of the Roanoke Neighborhood Partnership/City
staff meet with representatives of the new neighborhood alliance to discuss specific
concerns.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
pc:
Ms. Janet Vinyard, 4024 Griffin Road, S. W., Roanoke, Virginia 24014
John R. Marlles, Chief, Planning and Community Development
Miriam K. Stacy, Coordinator, Neighborhood Partnership
Roanoke
Proud
Barbara N. Duerk
2607 Rosalind Avenue
Roanoke, Virginia 24014
Tel: 34:5-1616
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 6, 1997
File #110-317
SANDRA H. EAKIN
Deputy City Clerk
Ms. Amy W. Peck
2419 Avenham Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Peck:
At a regular meeting of the Council of the City of Roanoke on Monday, October 6, 1997,
you were appointed as a member of the Special Events Committee for a term ending
June 30, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
pc:
Allen T. Wilson, Chair, Special Events Committee, 2317 Oakland Boulevard, N. W.,
Roanoke, Virginia 24012
Shauna Hudson, Special Events Coordinator, Parks and Recreation
Sandra H. Eakin, Deputy City Clerk
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 6, 1997
File #110-317
SANDRA H. EAKIN
Deputy City Clerk
Ms. Nicole Y. Quarles
1631 Flora Lane, N. W.
Roanoke, Virginia 24017
Dear Ms. Quarles:
At a regular meeting of the Council of the City of Roanoke on Monday, October 6, 1997,
you were appointed as a member of the Special Events Committee for a term ending
June 30, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:gd
pc:
Allen T. Wilson, Chair, Special Events Committee, 2317 Oakland Boulevard, N. W.,
Roanoke, Virginia 24012
Shauna Hudson, Special Events Coordinator, Parks and Recreation
Sandra H. Eakin, Deputy City Clerk