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HomeMy WebLinkAboutCouncil Actions 03-06-06 Lea 37322-030606 ROANOKE CITY COUNCIL REGULAR SESSION MARCH 6, 2006 9:00 A.M. ROOM 1 59 AGENDA Call to Order -- Roll Call (Council Member Wishneff was absent and Council Member Lea arrived late.) A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. Approved (6-0) File #110-132 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1 950), as amended. Approved (6-0) File #1 32 Topics for discussion by the Mayor and Members of Council. (5 minutes) NONE. Items listed on the 2:00 p.m. Council docket requiring discussion/clarification, and additions/deletions to the 2:00 p.m. agenda. (15 minutes) NONE. Items for discussion at a joint meeting of Council and the Industrial Development Authority on Monday, April 3, 2006 at 12:00 p.m. BRIEFINGS: 125th Anniversary Celebration for 2007 - 15 minutes Terrace Apartments - 20 minutes Council authorized the City Manager to issue a letter of support for renovation of the Terrace Apartments without Community Development Block Grant funding. File #1 78-226 · U.S. Challenge Event - 10 minutes · Active Living - 15 minutes A MEETING OF THE AUDIT COMMITTEE WAS HELD AT 11:00 A.M., IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451, FOLLOWED AT 12:00 P. M., BY A MEETING OF COUNCIL, THE ROANOKE COUNTY BOARD OF SUPERVISORS AND THE WESTERN VIRGINIA WATER AUTHORITY IN ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. ROANOKE CITY COUNCIL WATER AUTHORITy ROANOKE COUNTY BOARD OF SUPERVISORS WESTERN VIRGINIA WATER AUTHORITY MARCH 6, 2006 12:00 P.M. ROOM 159 AGENDA Call to Order - Roll Call: $ Roanoke City Council $ Roanoke County Board of Supervisors $ Western Virginia Water Authority Welcome and Invocation. Lunch Items for Discussion: M. Rupert Cutler, Chair, Western Virginia Water Authority ao Eighteen - month overview of operations Status of rate equalization plan Water main replacement along the Hollins Road corridor Water supply plan Goal for future expansion of the Western Virginia Water Authority Other Business. 3 Remarks by Council, Board of Supervisors, Western Virginia Water Authority. THE MEETING OF ROANOKE CITY COUNCIL WILL STAND IN RECESS UNTIL 2:00 P.M., IN THE CITY COUNCIL CHAMBER. THE MEETING OF THE ROANOKE COUNTY BOARD OF SUPERVISORS WILL BE ADJOURNED UNTIL WEDNESDAY, MARCH 8, 2006, AT 5:15 P.M., FOR A JOINT MEETING WITH THE ROANOKE COUNTY SCHOOL BOARD AT THE SCHOOL ADMINISTRATION CENTER, 5937 COVE ROAD, N. W., ROANOKE, VIRGINIA. THE MEETING OF THE WESTERN VIRGINIA WATER AUTHORITY WAS ADJOURNED. ROANOKE CITY COUNCIL REGULAR SESSION MARCH 6, 2006 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. (Council Member Wishneff was absent.) The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Today's Council meeting will be replayed on Channel 3 on Thursday, March 9, 2006, at 7:00 p.m., and Saturday, March 11, 2006, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE WEDNESDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 6 3. CONSENT AGENDA C-1 C-2 Approved (6-0) ALL MA'II'ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THEREWILL BE NO SEPARATE DISCUSSION OFTHE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from the City Manager requesting that Council schedule a public hearing for Monday, March 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the proposed conveyance of property rights to Appalachian Power Company. RECOMMENDED ACTION: Concur in the request. File #2-433 A communication from the City Manager requesting that Council schedule a public hearing for Monday, March 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a budget adjustment for motor fuel expenses and certain Social Services program expenditures. RECOMMENDED ACTION: Concur in the request. File #60-72 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Acceptance of a Four-For-Life Program grant from the Virginia Office of Emergency Medical Services, in the amount of $23,889.00; and appropriation of funds. Adopted Budget Ordinance No. 37322-030606. (6-0) File #60-188 Authorization for waiver of the City's sovereign immunity and execution of rental agreements with CBL & Associates Management, Inc., in connection with the Valley View Fair Housing Fair on April 29, 2006, and Valley View Citizens Appreciation Day on May 6, 2006. Adopted Resolution Nos. 37323-030606 and 37324- 030606. (6-0) File #1 78-455 b. DIRECTOR OF FINANCE: Financial report for the month of January, 2006. Received and filed. File #10 7. REPORTS OF COMMI'I-I-EES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 37316, on second reading, appropriating funds for school facility maintenance, food services equipment, school-based furniture, and construction of a football stadium to be located on the Patrick Henry High School campus. Adopted Budget Ordinance No. 37316-030606 on second reading. (6-0) File #60-467 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Cutler complimented the City Manager and City staff on the renaming of City parking facilities as described in a communication from the City Manager under date of March 2, 2006. File #80-104-1 84 The Mayor read House Joint Resolution No. 90 adopted on January 11, 2006, recognizing the outstanding service of Council Member M. Rupert Cutler to the citizens of the City of Roanoke. File #80-132 Vacancies on certain authorities, boards, commissions and committees appointed by Council. Reappointed Vickie F. Briggs as a City representative to the League of Older Americans Advisory Committee for a term ending February 28, 2007. File #15-110-243 9 Reappointed Carl H. Kopitzke and James Settle as members of the Parks and Recreation Advisory Board for terms ending March 31,2009. File #15-67-110 Appointed John E. Dooley as a member of the Roanoke Regional Airport Commission for a term ending March 9, 2010. By consensus, Council waived the City residency requirement. File #9-1 5-1 1 0 1 1. HEARING OF CITIZENS UPON PUBLIC MA-I-I'ERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MAT[ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Shaheed Omar, 1215 Loudon Avenue, N. W., regard to alleged police brutality. File #5 spoke with 12. CITY MANAGER COMMENTS: NONE. CERTIFICATION OF CLOSED SESSION. (6-0) C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 85342444 I'AX: (540) 853 1145 March 6, 2006 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, C. Nelson Harris Mayor CNH:snh CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov March 6, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2- 3711 .A.3, Code of Virginia (1950), as amended. Sincerely, DLB/f CC: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853 2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov March 6, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: 125'h Anniversary Celebration This is to request space on Council's agenda for a 20 minute presentation of the above referenced subject. Respectfully submitted, &Darlene L. B~rcham City Manage,t DLB:sm c: City Clerk City Attorney Director of Finance ROANOKE Office of the City Manager DATE: January 19, 2006 TO: Mayor Nelson Harris FROM: Darlene C. Burcham, City Manager Faye Gilchrist, Assistant to the City Manager SUBJECT: Celebration of the City of Roanoke's 125t" Birthday This memorandum is written to provide you with requested information regarding proposed activities for the City of Roanoke's 125'~ Birthday Celebration. In 2007, the City of Roanoke will begin celebrating its 125th Birthday through local events and opportunities that will occur all throughout the year. There will be several components of activities to commemorate the founding of Roanoke. Thus far, the proposed calendar of events will include three major components: (1) a Roanoke Arts Festival, (2) small weekend celebratory events that will highlight important historical landmarks, businesses, and accomplishments in the City, and (3) activities commemorating the 400'~ Birthday Celebration of Jamestown and honoring its historical impact on Roanoke. A brief description of the proposed events is as follows: Roanoke Arts Festival - The Roanoke Arts Festival will consist of a four day extravaganza and will incorporate all components of the performing arts, including the symphony, theatre, ballet, opera, and jazz. The event will take place from Thursday through Sunday with a high dollar event on Thursday for individual and corporate sponsors. Although the specific date of the festival has yet to be determined, early Spring or mid-Fall are being considered in order to attract students from the arts communities of the local colleges and universities and to encourage regional tourism. Historically, festivals in other cities have been funded via three (3) avenues: !/3 government funds, 1/3 corporate sponsorships/foundations, and 1/3 ticket sales. Although the City of Roanoke will utilize these avenues, there will also be fundraiser events during 2006 to assist with the costs of the festival. Fundraiser activities may include a charity concert series with possible artists such as Reba Mclntyre, a ball on the scale of "Wanderlust I1", etc. Mini-Celebration events throuqhout the Year - There will be small celebratory weekend events and landmark designation ceremonies throughout the year that will be designed to commemorate the general history of Roanoke, important stages of development, important turning points in history, and accomplishments made by individuals, businesses, churches, the medical community, and others. Possible events may include the following: A four part Lecture Series that would incorporate: (1) An Antique Roadshow -_Every city has a story, and the best storytellers often turn out to be objects brought in for appraisal. A roadshow tour features unexpected finds that reveal local history. The antique roadshow may include an appraisal component, antique dealers displaying and/or selling their antiques, discussions about the latest collecting tips and trends, etc. Suggestions have been made that Gordie Converse may consider working with the City to provide expert appraiser services for the show. The top five (5) winners may be featured on the local television station with stories behind the history of the winners' appraisal item. (2) A Major Author such as Kathy Thorton Plotkin who writes memoirs and assembles family genealogy. History about the proposed author is as follows: Kathy Plotkin is a native of Bismarck, North Dakota. She began her writing career immediately after graduating from Roanoke College, Salem, Virginia, in 1952, when she served simultaneously as feature writer, society editor, circulation manager, and columnist for the Salem Times Register, a Virginia weekly. Her humorous column, "Us Ladies," received Virginia Press Association recognition. From 1966 to 1976, she produced and hosted a talk show called "Panorama" on WDJB-TV, a CBS affiliate in Roanoke, Virginia, receiving the Golden Mike award from the American Women of Radio and Television in 1967, among other awards during that period. Now living in Manhattan, she has recently completed a novel and is currently editing memoirs for others. This part of the series may also include programming by the Roanoke Library Virginia Room, as library staff has already started genealogy and history programs to include such programs as Genealogy "By the Book" and the Virginia Room Road Show. (3) A Major Politician, and (4) A Celebrity from the Roanoke area. Fashion Dolls by Pete Ballard - This event would include an exhibit of Pete Ballard's fashion dolls representing fashion over the last 125 years. The exhibit would be showcased at the Valley View Mall or a local museum. Federated Department stores will be asked to underwrite this event. Pete Ballard is a nationally known costume designer, museum costume historian and conservator. Mr. Ballard taught at the North Carolina School of Performing Arts in Winston-Salem, and he was curator for fashion exhibits at the Charlotte Mint Museum, the North Carolina Museum of History in Raleigh, the Reynolds House in Winston-Salem and the Litchfield Historical Society in Litchfield, CT. This event could be part of a youth education program series for the youth to learn more about the arts. Historical Furniture Exhibition - The City should work with Grand Piano's to set up an exhibition that would include four periods of furniture throughout Roanoke's history. The exhibit would encompass 4 rooms of antique furniture on loan from families in Roanoke. The exhibit could remain open for two to three months in 2007. Mill Mountain Theatre - Daryn Warner has indicated that Mill Mountain Theatre plans to perform a play in honor of Roanoke's 125th Birthday. He stated that the specific play for the celebration has not been chosen, but the play will most likely deal with the issue of how the City has evolved over the years in terms of technology, society, culture, etc. He stated that the theatre is flexible with the dates of the celebration, with the exception of September, but they would need guidance from organizers regarding the time frame for the production. Discussions have been made regarding performing a Railroad Musical Play that was done in the past in celebration of Roanoke's Railroad Heritage. A Contributor Recognition Ceremony - This event would honor those in the community who have made significant contributions to the evolvement of Roanoke or who have excelled in the educational, medical, technology, transportation, arts fields, etc. Television Family Histories - Organizers will discuss with the local television stations the possibility of allowing citizens to send in their family histories and origins in Roanoke, which will be selected and aired by the stations throughout the year. Small celebratory events - The City may assist in the orqanization of small celebratory events for local, historical businesses that have sustained themselves over the years in the City of Roanoke. The celebrations may include, but are not limited to, the followinq businesses: A.qnew Seed Stores, Davidsons (1910), H & C Coffee (192 7), Grand's Home Furnishing (191 I), Hotel Roanoke (I 882), .I.H. Pence Company (1912), Kennard Pace Co. Inc. - Heating & Plumbing (1889), Kroger (1929), Norfolk Southern (1882), Oakey's Funeral Service & Crematory (I 866), Roanoke Gas Company (! 883), Roanoke Times (1886), Roanoke Weiner Stand (1916), Texas Tavern (1930), Tinnell's Finer Foods (1913), WSLS - TV I0 (19S2), and Yellow Cab Services of Roanoke, Inc. (1933). .Jamestown 2007 Celebration The City will also celebrate the 400~" Birthday of Jamestown in 2007. A committee was established to plan the activities of this celebration and decided to make Roanoke's great Railroad Heritage as the City's theme. Activities will take place year around with major activities scheduled from Memorial day to July 4th. As of this date, the celebration will include four (4) major components: Railroad excursions, antique trolley railway bus tours, a time capsule, and walking tours of exhibits done by the various museums in the downtown area. The Mill Mountain Theatre, Explorer Park, Roanoke County Parks, Recreation, and Tourism and other organizations in Roanoke County, Salem, Fincastle, Vinton, and Botetourt are also participating in the celebration and will be providing various activities and exhibits in the Roanoke Valley. The calendar of events planned for the City of Roanoke's 125~h Birthday is a work in progress. There are considerations still being made as to whom will be designated as the director to execute the programs and to provide the artistic vision for the festival. There is also research still being gathered about local businesses and churches who have sustained throughout the history of Roanoke, in an effort to plan celebratory events in honor of their contributions to the City. There may also be suggestions made by the Founding Board members that may be implemented by the City Manager's office. Should you have any further questions regarding the festival or the calendar of events proposed, please feel free to contact my office. Thanks for your attention to this matter. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 9, 2006 File #178-226 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, March 6, 2006, Council authorized the City Manager to issue a letter of support for renovation of the Terrace Apartments by Total Action Against Poverty. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: TheodoreJ. Edlich, III, President, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001-2868 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Mar 06\Mar 6 06 correspondence.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov March 6, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Terrace Apartments This is to request space on Council's agenda for a 20 minute presentation of the above referenced subject. Res pectfully s~mitted, DLB:sm c: City Clerk City Attorney Director of Finance January 12, 2006 Heather Polzin, Esq. Board Chair Total Action Against Poverty P.O. Box 2868 Roanoke, VA 24001 Dear Ms. Polzin, The Greater Raleigh Court Civic League greatly appreciates TAP's interest in including us in the plans for the renovation of the Terrace Apartments and soliciting our input. We are encouraged by TAP's efforts to solicit the maximum amount of funding through the application for Iow-income tax credits which will allow density reduction, full renovation of the apartments, significant outside improvements of the grounds and walkways, and the greatest potential increase in the local tax base at the Terrace Apartments. We are aware that the Iow-income tax credit application process is highly competitive and that other funding alternatives will decrease the opportunity for density reduction, outside improvements, renovation options for the property, as well as reduce the value of the property and the local tax assessment. In the interest of the surrounding neighbors as well as the residents of the Terrace Apartments, the Civic League board voted unanimously on January 7, 2006 to urge the City of Roanoke to grant TAP a letter of support for TAP's Iow- income tax credit application this March and to allocate $500,0(X) of HUD funds over a three year period toward the improvements to the Terrace Apartments. Sincerely yours, Kurt Navratil President Greater Raleigh Court Civic League Cc Darlene Burcham, City Manager Members of City Council Ted Edlich, TAP President WASENA NEIGHBOI HOOD FORUm, INC. January 9, 2006 Heather Polzin, Esq. Boai*d Chair Total Action Against Poverty P.O. Box 2868 Roanoke, Virginia 24001 Dear Ms. Polzin: Thank you for sharing all the wonderful details of thc proposed renovation of thc Terrace Apartments. We appreciate Tolal Action Against Poverty's (TAP) interest in soliciting our input and thoughts as a neighboring community of the complex. We are excited to see that the plans have been fully thought out and will allow for the greatest impact. We are pleased that TAP will seek to obtain funding through thc low- income housing tax credit application process. While highly competitive, this funding mechanism will allow for density reduction, the inclusion of higher income levels, complete renovation of thc units along with major system upgrades, improvements to thc grounds, greater accessibility and it will provide an increase to the local tax base. In light of all that we know, it is our intent to support TAP's plan to improve the Terrace Apartments and to compete for the low income housing tax credits in March. It is our hope that the City of Roanoke will provide the application with a positive letter of support as well as agree to support thc project financially by allocating $500,000 over a three year period. Thank you for your efforts to improve thc Terrace Apartments for the'residents and for the greater good of thc entire community. Sincerely, Terd Beck President Wasena Neighborhood Forum CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853 1138 City Web: www.roanokeva.gov March 6, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: US Challenge Event This is to request space on Council's agenda for a 10 minute presentation of the above referenced subject. Respectfully submitted, Darlene L. B~lrcham City Manager DLB:sm c: City Clerk City Attorney Director of Finance the ROANOKE VALLEY of Virginia FOR IMMEDIATE RELEASE February 20, 2006 FOR MORE INFORMATION CONTACT: David L. Kjolhede, Executive Director - 540-342~6025 Roanoke, VA - The'Roanoke Valley Convention & Visitors Bureau Sports Marketing Committee has a stellar record of competing - and winning bids - to bring major sports events and millions of dollars to the Roanoke Vallby. Today the Roanoke Valley Convention & Visitors Bureai: and regional partners announced that the 2006 US Challenge, organized by Challenger World, will.take place in the heart of the Blue Ridge Mountains on October 20-21, 2006. US Challenge, a national event presented by FORTUNE, is part of the world's fastest growing teambuilding concepts, designed to create great teams for business. Up to 70 companies will develop teams; consisting of five individuals, to compete in this event which is intended to inspire the staff, energize business and increase productivity through teambuilding. Over two action packed days and nights, athletes might be kayaking through fast flowing rivers, scaling the Blue Ridge Mountains, navigating through forests at night, cracking codes or engineering tasks using the simplest to the most complex equipmeni. Challenger World uses a specialized formula called Intelligent SportsTM to challenge competing teams. To succeed, teams must show intelligence, strong communication skills, teamwork and the ability to strategize. In 2005, over 300 teams from FORTUNE 500 businesses, including Accenture, Cisco Systems, Dell, Microsoft, First National. Bank and Volvo, competed in challenges around the word Blaine Shively, President of the Roanoke Valley Convention & Visitors Bureau stated, "The Roanoke Valley is excited and proud to welcome the 2006 US Challenge to our region." In early November 2005, the Roanoke Valley Convention & Visitors Bureau ---more---' Roanoke Valley Convention & Visitors Bureau lOlShenandoahAvende, NE, Roanoke, Virginia240162044 . 540-3426025. 1-8006355535 · Fax:S40342-7119. wwmvisitroanokeva, corn received an e-mail from an independent meeting firm requesting a proposal for US Challenge, After discussing the information with the firm,~it was presented to the Roanoke Valley Sports Marketing Committee Chairman. In addition, the Roanoke County Economic Development Partnership and Roanoke Regional Chamber of Commerce partnered with the Roanoke Valley Sports Marketing Committee because of the positive impact this could have for economic development in the region. After hosting Challenger World for a site visit, a proposal was submitted. The ROanoke Valley was one of four destinations being considered. In December 2005, the Roanoke Valley was awarded the bid. The US Challenge will be regional in scope. Partners include the County of Roanoke, City of Rbanoke, City of Salem, Town of Vinton, County of Botetourt, County of · Franklin, Roanoke Regional Chamber of Commerce, Roanoke Valley Economi~ Development Partnership and the Roanoke Valley Convention & Visitors Bureau. With the use 0f facilities in multiple jurisdictions and the impact it has on businesses, this event will benefit the entire Valley. The US Challenge will provide indredible exposure fo? the Roanoke Valley. With over $750,000 in pre-event promotions, Challenger World will place full-page; color advertisements in publications such as FORTUNE and Delta Sky. Additionally, a 30 minute television spot will be produced to air after the event, providing even more coverage and promotion for the Valley on both a national and international level. Loren W. Acton (Ph D.), with the United Space Alliance, a US astronaut from 1985 - 1992 and Shuttle Commander from 1990 - 1992, participated in the competition. "I have had the opportunity to do some very exciting and unique things in my life, and the World Challenge ranks right Up there with the best! The way your organization plots the events so that strategy, planning, and observational skills are just as important as physical prowess, provides a series of very challenging stages of competition," he explained. Are you up for the challenge? Your company can enter a team. Or you can partner with clients and enter a team. Whether you~ are up for the challenge or want tO get involved through volunteering or sponsorship, contact the Roanoke Valley Convention & Visitors Bureau for additional information. This event truly provides the opportunity to showcase the Valley's outstanding outdoor amenities, as well as its lifestyle and business attributes. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www,roanokeva.gov March 6, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Active Living Briefing This is to request space on Council's agenda for a 15 minute presentation of the above referenced subject. Respectfully s u ~_~ Darlene L. BuCk:ham City Manager[ DLB:sm c: City Clerk City Attorney Director of Finance A Roanoke Parks & Recreation White Paper: Pathways to Healthier Neighborhoods; An Active Living Approach to Neighborhood Planning Information Presented to City Council, March 6, 2006 By Donnie Underwood, Parks and Greenways Planner Background Chronic diseases such as heart disease, cancer, and diabetes--are the leading causes of death and disability in the United States. These diseases account for 7 of every 10 deaths and affect the quality of life of 90 million Americans. As the average American's lifestyle grows less active and more isolated, the results of a public-health check-up are not encouraging. The biggest indicator of an overall slowdown in physical activity is the obesity rate. Surging nationwide, most alarmingly among children, 30% of whom are overweight. Obesity, along with heart disease and diabetes, is exacerbated by a sedentary lifestyle. All of these diseases also dramatically affect our aging population, among whom over 60% are inactive; this age group also suffers overwhelmingly from depression and mental illness, which can be heightened or prolonged by social isolation. Although chronic diseases are among the most common and costly health problems, they are also among the most preventable. The prevalence of overweight among our children aged 6 to 11 has more than doubled in the past 20 years, going from 7% in 1980 to 16% in 2002. The rate among adolescents aged 12 to 19 more than tripled, increasing from 5% to 16%. Overweight is the result of caloric imbalance (too few calories expended for the amount of calories consumed) and is mediated by genetics and health. An estimated 61% of overweight young people have at least one additional risk factor for heart disease, such as high cholesterol or high blood pressure. Additionally, children who are overweight are at greater risk for bone and joint problems, sleep apnea, and social and psychological problems such as stigmatization and poor self-esteem. Originally, the field of Parks and Recreation was created to heal a society, to bring literally breath new life into our urban, industrial landscape by bringing greenspace into the toxic urban fabric of the nineteenth century and to give hope and anticipation back to our citizens by implementing fun and enjoyable programming for the tired and depressed American workforce. Over the decades, our profession somewhat lost its roots and original value system replacing it instead with years of justifications through a public relations drought resulting in society associating Parks and Recreation as simply "fun and games". It wasn't until late in the twentieth century, that we as a profession began to sense that a shift was necessary; a repositioning if you will that brought us "back to the future" in a sense where we slowly began to quantify the benefits we provide to our user-base. It's no longer about how many people we enroll for programs, rather it's about the empirical evidence that we produce. Our mission is to produce tangible results that quantify such attributes as a reduction in the chronic disease mortality rate in our neighborhoods, the ability to increase property values through sales data & tax assessment via properly planned & managed greenspace, our improvements to our landscapes by the creation & protection of parks and conservation areas through land use policy which will enhance our water and air resources, and the successes that we will have in creating opportunity for our children's obesity rates to falter due to safer routes to school. When given the above evidence, it becomes logical to determine that the harvest or yield or our worth far exceeds the boundaries of the polygons within our communities that we call parks, for the benefits of our leisure services seep into and saturate every nitch of our society; from urban land use planning, to economic development, tourism, public health, education and learning, livability, design, character, and comfort ..... its no wonder than so many communities now label themselves as ............ "City's Within A Park." Current Data & Research A high quality environment is essential for both children and adults to achieve optimal health and development. Building and land-use policies, including the quality and design of a child's physical environment, can help to cause or prevent illness, disability and injury, and degrade or preserve natural resources. As children grow and mature, the scope of their environment predictably expands per their built environment as a central factor in this progression. Through proper planning and management through urban park systems via greeninfrastrncture administration, our built environment and land-use policies have the opportunity to promote safety, health and optimal development while simultaneously preserving future natural resources through neighborhood greenway and trail systems. Quality land-use planning and urban design protects human health and quality of life and preserves essential natural resources via greenways, open space, forests and clean water supplies. A healthy community is not just one with excellent medical care: it is one with an environment that encourages physical activity and social contact and provides healthy air and landscapes. In many communities & urban centers, urban sprawl has crept into our forests and open spaces with ever widening roadways but with little thought given to alternate forms of transportation that could be created within the given landscape. The CDC (Center for Disease Control) states that even a moderate amount of regular physical activity and social interaction could have a dramatic effect on these statistics. However, there are a number of disincentives to Americans getting out and about more often - and recent studies from both the planning and public-health professions locate many of them in the places where we live and work; more times than not, the way in which our public spaces look and the ways in which they function do not create the need, the desire, nor the opportunity for people to walk, jog, hike, or bicycle - let alone get more active types of exercise. Our society seems devote a majority of their time to relatively isolated, private activities; for instance, studies show that larger numbers of hours spent watching television, playing video games and surfing the Intemet have eaten into what was formerly social and active time for both children and adults, and these activities could therefore be tied to depression and other diseases related to inactivity and isolation. Moreover, we need to ask ourselves what happens when people do venture outside .... the lack of connected trails, unavailable sidewalk development, non-existent safe routes to schools, and the lack of interesting landscapes discourages physical activity. In their cost-benefit analysis of Physical Activity of Using Trails, Dr's Wang, Macera, Schmid, and Buchner of the Center for Disease Control (CDC) found that for every $1 invested in trails yielded a $2.94 direct medical benefit to the community. The CDC found that because of the health and economic burden of physical inactivity, promoting physical activity has become a public health priority. Studies have shown that lifestyle interventions are as effective as structured interventions in increasing physical activity. For activities such as walking and cycling, availability of greenway trails, sidewalks and bicycle routes is an important element needed to incorporate physical activity into everyday life. Indeed, lack of accessible facilities has been identified as a deterrent to a physically active lifestyle. A rapidly emerging field of research focused on active living is uncovering how various factors influence physical activity, with the goal of developing guidelines and policies for design, planning, and management. The National Recreation & Park Association has published significant leisure research regarding Active Living over the years; one such examination was regarding the renaissance of Chicago's urban landscape. In concert with Chicago's urban parks, bicycle and pedestrian trail systems have been identified as important outdoor settings for active living for a number of reasons: they cater to physical activities that can be adopted and adhered to by a broad spectrum of the public, their typical off-street and natural location in parks, former alleys, and greenways provide safe and attractive environments that further encourage use, and their length and the modes of movement (walking, jogging, bicycling, cross country skiing, and in-line skating) for which they are designed facilitate use for both leisure and utilitarian purposes. Although the original focus of the investigations was on the recreational dimensions of trail use, the characteristics of the data collected lent themselves to reinterpretation from an active living perspective. One other sample group comes from Greensboro, North Carolina, where there Parks and Recreation Departments Division of Greenways & Trails partnered successfully with their Moses Cone/Wesley Long Health Foundation and obtained $294K in private planning funding to develop Greensboro's Greenway Trails Plan that targets and prioritizes their greenway trail needs. The Challenge Our task in Roanoke is to create active neighborhood linkages through a micro-scale greenway and trails planning tool that connects both our greenspaces and great places that can in turn provide the rationale for a range of solutions to foster health and livability. Making our neighborhoods and Village Centers more navigable for strollers, walkers and bikers may promote physical and social activity - but it may not be a fruitful activity unless this accessibility is linked to great places and has a direct impact on our community's chronic health related issues. A "healthy" Roanoke, is made of places that are valued by and accessible to everyone in their neighborhood: parks for recreation, play, and relaxation; streetscapes and sidewalks where neighbors meet and people can shop, jog and stroll; and downtown or community markets with fresh produce, food, festivals, theatre and other goods. Such places am also the "front porches" of public institutions: city halls, libraries, schools, and post offices. These places must be situated so that people can conveniently reach them on foot or by transit. Psychologically, thriving public spaces give residents a strong sense of community, and promote the kinds of familiarity and social bonds that make neighborhoods safer and healthier. They are critical to livable cities and healthy communities ! So what makes a "healthy" place you may ask? There are four distinctive traits such as: A) Access & Linkages - According to the Department of Transportation, 25 percent of all trips are less than a mile, but 75 pement of those trips am made by car. That 75 percent could be reduced if the design of neighborhoods facilitated other forms of active transport. Instead, communities have been typically upon streets too wide to cross comfortably, traffic that moves too quickly, and an absence of neighborhood design that addressed greenway trails, sidewalks, crosswalks, and bike lanes. Access means a truly public space: one that is available and easy to reach for people of all incomes and backgrounds. B) Uses & Activities - Intriguing and beautifully designed space isn't very valuable if people don't use it. A community-based planning process lets all the stakeholders - including residents, city staff, local leaders and merchants - define what goes on in a place. When ideas come from the ground up, not the top down, the events, programs, recreation, and play areas in a public space am truly connected to the communities that use them. In addition, partnerships among local organizations, merchants associations, and government agencies act as new soumes of ideas for activities and help a public space become a true "community place." Planning for uses and activities in this way promotes sustainability and use, and therefore activity. C) Comfort & Image - Rather than being satisfied with neighborhood design where vehicles tend to dominate, them is a stigma that suggests simply walking down the street is the limit to our opportunity. Great places that are designed to be appealing, enjoyable, and convenient provide an incentive to getting people out and about - they become attractions and destinations within themselves, like a greenway trail that meanders through a managed landscaped corridor that once was an unsightly alley, or a shady retail streetscape with wide sidewalks, outdoor dining, benches, or a park that supports a range of active and passive uses where ADA access is the norm rather than the exception. Shade trees, comfortable places to sit, water fountains, waste receptacles, good views, places that encourage children, and adequate (but not overbearing) lighting: All of these amenities make people feel good about being in a public space. D) Sociability - Like physical activity, research has shown that sociability can play a role in alleviating depression, which is strongly linked to isolation and disconnectedness. It can draw people out of the house and into community life - and it is the critical identifier of every great public space. Sociability is measured by public displays of affection, diversity, volunteerism, even people taking pictures and pointing out neighborhood monuments and special features. Conclusion Per the endorsement of Roanoke's Park and Recreation Advisory Board, Parks and Recreation shall champion the effort for bringing active opportunities into our neighborhoods via Roanoke's own greenway & trails master planning process. Thus far in bringing together with us, Roanoke's division heads in Public Works, Transportation, Engineering, and Planning/Economic Development, we have unified our position that a detailed planning tool needs to be created that provides clear direction & prioritization of our greenways & trails system. By bringing together Roanoke's leadership to the table with the likes of Carillon, the Roanoke School System, the Health Department, and Virginia Tech, it is our goal to create the scope of work necessary to produce an award- winning proposal for both the Robert Wood Johnson Foundation's Active Living Research as well as Carilion's Health Foundation in an effort to obtain the necessary planning funding that would lead to the development of a neighborhood based greenwa¥ & trails plan; Pathways to Healthier Neighborhoods'; An Active Living Approach to Neighborhood Planning, which in-turn would become part of Roanoke's Comprehensive Plan. In closing and on behalf of the Parks & Greenways Planning & Development sector of Roanoke Parks and Recreation, I extend to you my thanks for your attention and consideration of these findings and deeply appreciate your support as we move forward in making Roanoke a national destination for relocation, retirement, outdoor recreation, and livability. ROANOKE March 1, 2006 Municipal Auditing 215 W. Church Avenue, Room 502 Roanoke, VA 24011-1517 (540) 853-2644 FAX (540) 853-6395 E-mail: auditor@roanokeva.qov Mayor C. Nelson Harris Vice-Mayor Beverly T. Fitzpatrick, Jr. Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff Dear Committee Members: This is to advise you of a meeting of the Audit Committee of Roanoke City Council to be held Monday, March 6, 2006, in City Council's Conference Room at I 1:00 a.m. A copy of the agenda for this meeting and related materials are attached. In order to expedite the meeting, please review these items and contact Municipal Auditor, Drew Harmon, in advance if you have any questions. We will also have an opportunity for questions during the meeting. Sincerely, M. Rupert Cutler Chair, Audit Committee Attachments C' Drew Harmon, Municipal Auditor Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Larry Brown, Public Information Officer Evelyn W. Powers, City Treasurer v,/SMherman A. Holland, Commissioner of Revenue ary F. Parker, City Clerk Tim Conner, KPMG LLP WATER AUTHORi'Ty' AGENDA * Overview of ~erations · Status of Rate Equatiz~n Plan o Hb~tins Road Water Main Replacement · Water Suppty plan , Future OutlOOk * Di~uSstOn WVWA ADMINISTRAT~¢E ~FICES Acquired and occupied CoUlter ~ Bu~!ng. Sp~ng of~ Consolidated ~;ir~i tinance,;billir~l and er~e~ st~ ~ o~ roof ~,ve 1 ~5 ~ a ~ te cor~ct i ~mitm~i to mo,,e~ qoa.e~ to ~ · ~nthly ~ing of residential metem Pi~0t p~ ~ cOt~raCt ~ ~rs lml~°ve~ rout6 ~ meters mad{ng for a~ a~ts plant Inflow & Infiltration (l&l) · Public EduCat~n Effort- "The More YOU KnOW the Better the Flow~ * Aimed at getting home ow~rs to disCOnnect downspOuts and sumppumps The More You Know,~ ~J~i The Better ~ Row~~ Inflow & !~i~tion (l&l) · Instadi~ ~mal"t~~ meaSUrement in Installed ~reet ~'~ s~ufitY mo,ito~ and O~ra~ ~ r~ 'Pechnol~y · Website- 300 pages and 6,000 hits monthly , I~te~rate~ c~y and Coun~ e S Systems · Part~ With City on work order system · In next fiscal Year provide online viewing of a~3unts ~cl o~ine payment Technology Community · R~ze~ two con~cutive yearn by United Way for effective campaigns · '!_ett~nsor for American CanCer SOCiety's 2005 Relay f0r Life · Reached 2;500area students with conservation programs * Fielded teams for Valleywide clean up eVents · SponSOred award for Regional Science Fair ~ Vi~inia Was ~1;~3 · 17~ ~ Report Prepared by Drape~ Ader~ Aspirates WATER MAIN ~PLAcEM~ HOLLINS ROAD · Approximately 40 miles of 12" cast iron pipe were installed in City of Roanok, e ~rom t945 · Expected sen/ice life for cast iron ~ should be 100+ years · Due~ p~r manufactur~processes after t[ b~eak history is greater than expected · Sections of 12"pipe have beenmp!~ along Orange and Brambteton AvemJes · Next project is HoUins Road 3 Evaluating ~S~ options ~ certvenfional VS~ ~ch~eSS tech~l~g':/ WATER SUPPLY Successful in~n Of systems and staffs · Improved meter reading and billing technology · ir~Creased funding ~,els for c~talPm~ts , Adoptad a busi~ m~! f0r operations , open to Pa~ wtlhinstitutional cUStomem and ~ate · Improved relatluns ~i~ ~tatory a~ ,~ ~elopad~h~th~ Mountain Lake a~t~ · Positioning WVWA for leadership role in water and wastewater industr), 4 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov March 6, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request of Appalachian Power Company for Easement on City Owned Property- #4150101R and #4150501R Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed conveyance of property rights. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, March 20, 2006. A full report will be included in the March 20, 2006, agenda material for your consideration. Respectfully submitted, City Manager DLB/SEF C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Sarah E. Fitton, Real Estate Acquisition Specialist CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com March 6, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Scheduling of a Public Hearing to Consider a Budget Adjustment for Motor Fuel Expenses and Certain Social Service Programs Backqround Pursuant to the requirements of Section 15.2-2507, Code of Virginia (1950) as amended, localities are required to hold a public hearing on budget adjustments which will exceed one percent of the adopted budget or $500,000, whichever is less. Budget adjustments will be required for motor fuel expenses as well as certain Social Service program expenditures. Recommended Action Schedule a public hearing on March aforementioned budget adjustment. 20, 2006, at 7:00 p.m., on the Respectfully submitted, Darlene L. Bt~rcham City Manager DLB:am C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human Services CM06-00034 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 9, 2006 File #60-188 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37322-030606 appropriating $23,889.00 from the Commonwealth of Virginia for the Office of Emergency Medical Services Four for Life Program, and amending and reordaining certain sections of the 2005-2006 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 6, 2006, and is in full force and effect upon its passage. Sincerely, Marg F. Parker, CMC City Clerk MFP:ew Attachment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Mar 06~vlar 6 06 correspondence.doc Jesse A. Hall March 9, 2006 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance James L. Grigsby, Acting Assistant Cib/Manager for Operations Sherman M. Stovall, Director, Office of Management and Budget David Hoback, Acting Chief, Fire-EMS L:\CLERK'~DATA\CKEW%AGENDA CORRESPONDENCE~agenda correspondence 06'~,lar 06\Mar 6 06 correspondence,doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of March, 2006. No. 37322-030606. AN ORDINANCE to appropriate funding from the Commonwealth for the Office of Emergency Medical Services Four for Life Program, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations EMS - Four for Life 001-520-3521-2245 $ 23,889 Revenues EMS - Four for Life 001-110-1234-0657 23,889 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: ~arcn ~, zuLro Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Four-For-Life Funding Acceptance Background: The Four-For-Life program is funded through the Office of Emergency Medical Services in Richmond, VA. Each year Roanoke Fire-EMS receives funds from this program to purchase items needed in the department. The Four-For-Life program, as amended in 2000, stipulates that four additional dollars be charged and collected at the time of registration of each passenger vehicle, pickup and panel truck. The funds collected, pursuant to Section 46.2-694, Code of Virginia, shall be used only for emergency medical services. The law further states that the Department of Health shall return twenty-six percent (26%) of the registration fees collected to the locality wherein such vehicle is registered to provide funding for training of volunteer or salaried emergency medical service personnel of licensed, nonprofit emergency medical service agencies or for the purchase of necessary equipment and supplies for EMS. Roanoke Fire-EMS expected to receive assistance from this fund in the amount of $40,000. Four-For-Life provided Roanoke Fire-EMS with a total amount of $63,889. Considerations: City Council action is needed to appropriate the additional Four-For-Life funds of $23,889, in accordance with provisions of these funds. The Honorable Mayor and Members of Council February 21,2006 Page 2 Recommended Action: Adopt the accompanying budget ordinance to increase the revenue estimate for the Four-For-Life Program (001-110-1234-0657) in the amount of $23,889 and appropriate funding in the same amount to Four-For-Life Program (001-520- 3521-2245). Authorize the City Manager to execute any required agreements or documents, such to be approved as to form by the City Attorney. Darlene L Bu~ham City Manager DLB:TB C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Acting Assistant City Manager for Operations David Hoback, Acting Fire-EMS Chief Sherman M. Stovall, Director of Management and Budget Vince Stover, Support Administrator, Fire-EMS #CM06-00030 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 9, 2006 File #178-455 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36323-030606 authorizing waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for the Fair Housing Board's Fair Housing Fair on April 29, 2006, and authorizing execution of an agreement in connection with the use of Valley View Mall, as more fully set forth in aletter from the City Manager addressed to the Council under date of March 6, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 6, 2006, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Mar 06'~dar 6 06 correspondence.doc Darlene L. Burcham March 9, 2006 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Ford P. Weber, Director, Housing and Neighborhood Services Robert A. Clement, Jr., Neighborhood Services Coordinator, Housing and Neighborhood Services Angie S. Williamson, Housing Development Specialist, Housing and Neighborhood Services L:\CLERK1DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06~Mar 06\Mar 6 06 correspondence,doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 2006. No. 37323-030606. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for the Fair Housing Board's Fair Housing Fair, and authorizing execution of an agreement with Valley View Mall, LLC, through its agent, CBL Associates Management, Inc., in connection with such use of Valley View Mall. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby waives its sovereign immunity with regard to the City's use of Valley View Mall on April 29, 2006, in connection with the Fair Housing Fair activities as set forth in the City Manager's letter to this Council dated March 6, 2006. 2. The City Manager is hereby authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, an Agreement relating to the City's use of Valley View Mall on April 29, 2006, for the Fair Housing Fair activities. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 9, 2006 File #178-455 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36324-030606 authorizing waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for Citizen Appreciation Day on May 6, 2006, and authorizing execution of an agreement in connection with the use of ValleyView Mall, as more fully set forth in a letter from the City Manager addressed to the Council under date of March 6, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 6, 2006, and is in full force and effect upon its passage. Sincerely, M a~ F. pa~rk e r,~C'M 'C City Clerk MFP:ew Attachment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Mar 06'Wiar 6 06 correspondence.doc Darlene L. Burcham March 9, 2006 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Ford P. Weber, Director, Housing and Neighborhood Services Robert A. Clement, Jr., Neighborhood Services Coordinator, Housing and Neighborhood Services Angle S. Williamson, Housing Development Specialist, Housing and Neighborhood Services L:~CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Mar 06\Mar 6 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 2006. No. 37324-030606. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for Citizen Appreciation Day, and authorizing execution of an agreement with Valley View Mall, LLC, through its agent, CBL Associates Management, Inc., in connection with such use of Valley View Mall. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby waives its sovereign immunity with regard to the City's use of Valley View Mall on May 6, 2006, in connection with its Citizen Appreciation Day activities, as set forth in the City Manager's letter to this Council dated March 6, 2006. 2. The City Manager is hereby authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, an Agreement relating to the City's use of Valley View Mall on May 6, 2006, for Citizen Appreciation Day activities. ATTEST: City Clerk. ' K:~RES O LIJ'r I ON S'~ES O LUTI ONS'~P.- Valley View Citizen Apprec. Day 030606.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 l~ax: (540) 853-1138 City Web: www.roanokeva.gov March 6, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Rental Agreements - Valley View Fair Housing Fair and Valley View Citizen Appreciation Day Valley View Fair Housing Fair The City's Fair Housing Board is planning to sponsor a Fair Housing Fair at Valley View Mall on April 29, 2006. The owners of the mall, CBL & Associates Management, Inc., require that the City execute an agreement (a copy of which is attached) in order to use the mall. This agreement contains a provision which requires that the City agree to indemnify and hold harmless CBL, and to defend it, in the event that anyone is injured or anything is damaged during the City's use of the premises. CBL has refused to delete this provision. City Council has previously waived sovereign immunity for this event at Valley View Mall. Valley View Citizen Appreciation Day event: The City's Service Excellence at Work Committee is planning to sponsor the City's Citizen Appreciation Day at Valley View Mall on May 6, 2006. The owners of the mall, CBL & Associates Management, Inc., require that the City execute an agreement (a copy of which is attached) in order to use the mall. This agreement contains a provision which requires that the City agree to indemnify and hold harmless CBL, and to defend it, in the event that anyone is injured or anything is damaged during the City's use ofthe premises. Only City Council Mayor Harris and Members of City Council March 6, 2006 Page 2 can waive the City's sovereign immunity and agree to such a provision. CBL has refused to delete this provision. Attached is a resolution which authorizes waiving the City's sovereign immunity, and authorizing the City Manager to execute both of these agreements, such agreements to be approved as to form by the City Attorney.. Recommended Action(s): Approve resolution and authorize the City Manager to execute these agreements. Darlene L. ~Jrcham City Manage r DLB:bc C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Ford Weber, Director of Housing and Neighborhood Services Bob Clement, Neighborhood Services Coordinator Angle Williamson, Housing Development Specialist CM06-00029 VALLEY MEW February 14, 2006 Ci~of Roanoke ANn: Ms. Angie Williamson 215 Chu~h Ave. Room 162 Roanoke, VA 24011 Re: Valley View Mall - Roanoke, VA Dear Ms. Williamson: Enclosed herewith please find three (3) execution copies of the License Agreement for the above referenced location. Please review, have all copies properly executed and return for Licensor's execution by February 20, 2006. After Licensor's execution, one (1) fully executed original copy of the agreement will be returned to you for your permanent records. Please note that this License Agreement transmittal is not an offer to lease and until the agreement has been approved and fully executed by the Licensor, it is not an enforceable document. Sincerely, CBL & ASSOCIATES MANAGEMENT, INC. ~;;'ds:~nera, Manager Enclosure Volley View Mall · 4802 Volley View Blvd., N.W, · Roanoke, VA 24012 · Phone 540.563.4440 · Fax 5'I0,366,8742 · www valieyviewmall.com Owned and Managed by CBL & ASSOCIATES PROPERTIES, INC, (NYSGCBL) TENANT INFORMATION SHEET Certificate of Insurance Minimum Commercial General Liability Insurance is as follows: General Aggregate: $1,000,000 (per location) Each Occurrence: $1,000,000 Worker's Compensation is required if you have 3 or more employees. Employers' Liability Insurance requirements are: E.L. Each Accident: $100,000 E.L. Disease Ea Employee $100,00 E.L. Disease-Policy Limit: $500,000 Certificate holder should be listed as: Valley View Mall, LLC 4802 Valley View Blvd. Roanoke, VA 24012 Phone: 540-366-4862 Fax: 540-366-8742 ** ADDITIONAL INSUREDS MUST BE LISTED AS: Valley View Mall, LIX~, CBL& Associates Management, Inc., CBL& Associates Properties, Inc., CBL & Associates Limited Partnership, and CBL Holdings, I, Inc. *Same address as above for all additional insured.* Sample of Insurance Companies Shahinlan Insurance Servicers- Lizabeth Shahinian (out of California) 1-800457-2231 or fax: 1-714-544-4370 ~ona Central IIX~q~rane,~ Agency- Michelle (out of Arizona) 1-800-678-0062, 1-520-742-9200 Wolf and Cohen (out of Virginia) 1-800-515-8988 or fax: 1-703-448-5354 Please note: CBL is not endorsing any of these companies. We are simply providing you with industry information provided through advertisements in Specialty Retail Report, the specialty and temporary leasing industry magazine. permits Licensee must obtain a local business license prior to set up. This may be obtained by calling: 540-853-2524 Project ID # 100-628 Lease ID # Deal Type: Other - Conmao n Area Unit: SHOW Agreement Ts?e: Renewal This License/Special Event Agreement ('License~) is made and entered into thi~ -- _ dayof_ ....... 2006, by ~md between Valley View Mall, LLC a Vimoh~a kmlted liability company by CBL & .~ssociates Management I nc., its managing agent,('Licensor~) and Gty of Roanoke, a(n) Municipali .ty incorporated in the state of Virginia. having offices located at 225 C~urch Ave.. Roanoke. VA24011 Arm: Angle Wdllams on. Phone: 853-5647. Fax: 8_53-6~79 ,("Licensee"). Therefore, in consideration of the terms and condkions set forth benein, the parties agree to the Iollom/ng: 1. License Axon: Licensor hereby grants to Licensee a non-tramferable and revocable license to tempnrafily occupyand use, a portion of the V I Vi V (the "Shopping Center") located at 4802 Valley View Boulevard NW, Roanoke, VA 24012 for a specified special event as described bemin. (Payment remittance adthess: 4802 Valley View Boulevaed NW, Roanoke, VA 24012). Licensee desires to temporarily occupy and use a portion of the Shopping Center containing approximately 1600 square feet of floor area, as approved by ~mll management, throughout the mall, as sho~na on Exhibit "A" annexed hereto ("Lice~se Area"). Licensee understands and agrees rliar this License shall not be deemed to be coupled with an interest. 2. Duration: Licensee shall occupy and use the License Ama stardng on 4/29/2090 and ending on 4/29/2006, at the close of business for the Shopping Center ("Expiration Date") unless this License is revo~ed earlier by Licensor. Licei~sor shall not be liable to Licensee in damages or otherwise for a deb5, in the commencement or cessation of the duration of the term of th/s Liceuse. The License Area rruay be relocated or this Licel~se revoked upon twenty four (24) hour~ notice to Licensee with no liabilitT to Licensor. Licensor may revoke this Licez~se at any thne during the term hereof if Licensor determines, in its sole discretion, that Lices~see or the acth-isies conducted by Licensee in the License Area are in any way harmful or injudom to the Shopph~g Center or any iinvisee, customer, tenant or occupant of tl~e Shopping Center. 3. ~ The Lice~ue Area shall be occupied and used bythe Licensee as approved by mall management solely for the purpose of Fair Housin~ exoo featurir~ a~roximatelv twenty exhibitors involved in housing (b/oinks, insurance conmanies, etc3 from 10:0~ an~ to 4~0 pn~ a;t~t for no other purpose whatsoeven 4. D/B/A: Licensee snail occupy aszd use the Licexue Area mzder the ~rade name of ~of Roanoke Fmr Housing wkleh shall not be changed without Licensor~s pdor writlen cmuent. 5. License Fee: Licensee shall payLicensor, wit ho'at notice, demand or setoff, at th,: propelW office or such other location as Licensor may speed'3; by e ertified check or money order on or before the start date of this agreement, Start Date End Date ~ Total Fee_ 0) i'gmimum Fee(s): 4/29/2006 4/29/2006 $500.00 $500.00 unless otherwise noted. {Waived), as a damage deposit which shall be applied tewards fees ;and other charges due under this Agreement and as a surety tbr the per fmrnance by Licensee of the terms of this License under which Licensee may be in default or for any sum which LIcena0r may expend by reason of Licensee's default in respect of any of the terms of this License including any damages which may result to the License Area. Within thirty (30) days after the expiration of the term of this License there shall be an accounting with paymenl to Licensor or damage deposit will be retttrned to Licensee after deducting any sums due Licensor. 7. Conthfion of Licem e Area/Operation/Removal of prot~eC, zv. Licensee has irapected the License .aaea :ut accepts it in "as-is" condition with no representation or wammty by Licensor regarding the conditinn of the License Area or its suitability for Licensee's me or occupation thereof. Licensor has no obligation to vepaie thc Lk-ense Area. Licensee shall not violate applicable federal and state laws pmbJbinng the sale or display of products, which inffit~ge on the nademarke or copyrights of others. Licensee shall at all thnes thMng its occupancy of the License Area provide sufficient supervision and maintain adequate control of its employees, guests and invltees. Licensee will at all times keep the License Area and the area surrounding the License Area clean, Licensee shall not make alteratiom or addhions to the License Area, nor permit the maldng of holes in any surface isx the License Area nor shall Licensee affix any advertising or promotional sigm or material to any'surface in an). manner without the prior consent of lficemor. Ch~ the Expiration Date or earlier revocation by Licensor, Licensee shall remove it~ geod~ and effects, repair any dan:uqge caused by such removal or caused by Licensee's activities on the License Area, and peaceably }ield up the License 3aea clean and h~ good order, repair, and condition am{ i~ Licensee shall fall to do so, Lkemor sbell have the fight to make such retook-al or repair at Licensee's expense. Personal prope~y of Llee~]see not removed on or before the Expiration Date or earSer revocation shall become the property of Licet~sor, at Lice user's option, without liabi~ty to Licensee therefore g. Holding Oger and Surrender of the License _~ea/Risk of Loss. If Licensee fails :o surrender the Liceme &rea to Licensor upon the Expiration Date or earlier revocation by Licensor, Licensor shall be entitled to intmedlate poss?s!on of the License Area. Licensee agrees that nothhig berlin contained shall be coretmed as authorizing or perrmttmg any such hold over by Licensee. TEe ~k of or damage to any nlatedal~, eqdipme~t, or any other person,x[ property of Licensee used within the Shopping Center or in the pelfonmnce of its obligation undel thk License shall remain solely with Licensee. 9. Access to License Area. Licensor shall have access to the License Area at any and all tin,es. 10. tin ui . The use of megaphones, audio eqdiprvx, nt, fDshing lights or any other appF~nces or apparatus which might tend to annoy the public or other merchants in the Shopping Center is sttic~- prohibited. Licensee shall observe all Operating Rules for the Shopping Center and Licensee's continued occupancy therein thaJl be subject to the roles and regulations as may be promalgated by Licensor [tx the future. 11. PermiB. If there are any licenses~ autbotizedons, or pem~he required by any governmental agency or anthont) for the type of actMty to he carried on at or for the use or occupancy of the License Area, Licer~ee slmll he respov.tible for obtaiimg such. No unlawful activities shall be pemfitted in the use of the Liceme Area. Tht consumption or sale of alcohohe beverages on or from the Lice:tse Area shall not be permitted. 12. Taxes and F¢¢~. Any and ~ taxes, fees and assessments which may be levied or assessed on the assets. business or capital of Licensee, by any duly constituted govemment authority, aM any taxes, fees for use, copyright of license fees associated with the me of any music, design or other artistic medium used in cmmecfion with the acth'kies thereof, shall be borne byLleensee. 13. o~dllpJ.O~L~l~. Licensee agrees to assume e~clnsive liability for the payment of any sums imposed by government authorities renting to work-rs compem atmn imurance or the Social Security- of employees or other persons who per{om work or service for Licensee in the performance of its obligations hereundgr. 14. Insurance. Licensee shall, at i~ sole cost and expense, procure and condime in force, during the teml of dtis License, commercial general liability insumce, including contractual liability and properO- danmge relating to the License Area covering any and all claim* for injuries to persons or upon the License Area. Such insurance shall have a mhthnunl linfit coverage in an amount of not less than One M~k>n Dollars ($1,000,000.00) on accotmt of bodily injuty to o r death of one person, One Milton Dollars ($1,000,000.00) on accom:t of bod~y injury to or death of more than one person, resulting from any one accident or disaster, and One MiZen Dollars ($1,000,000.00) property damage. Licensee shall also carry Workers Compensation Insurance hi the statutory amount. ?.ny insurance policies required hereunder shell name Licensor, and any designees of Licensor, ,as an additional insured, md Licensee shall fumlsh evidence of such insurance coverage pnor m occupancy of the Ifcense Area. 15. Ltldglllllil~;lKgll, Commencing on the date hereof, Licensee shall indenmif7 and hold Licensor, i~.q officers, agents, emplo5~e.s, parents, subsidiaries and affiliates and any occupmat o£ space in the Shopping Center harmless from and agalmt all clafm~, aedom, I/em, demands, expenses and judgments for loss, demage, or injury to property or persons resulting or occurring by mason of the construction, ~stallatinn, removal, use, or occupancy of the License .Area by Licensee and lScensee's access to or use of the Shopping Center, including all costs, exxpenses and attorney's fees. If Licensor or any such persons are made a party to any litigation commenced by or against Licensee, Licensee agrees to protect, defend and hold Licemor and/or any suck persons hamdess therefrom and to pay all costs and reasonable a=omey fees incm red or paid by Licensor or any such persons in cormection with such litigation. 16. om Ma ' . This License shall be revoked automatically if any portion of the Licerlse Area is damaged byfire or other peril, regardless of the cause. Licensee shall haw no recourse against Licet~sor as a result of damage due to flm or any other peril. Licensee shall not cause or pemfit any l~zardoos matehal to be bmaght upon, stored, kept or disclmrged on or about the License Pd-ea or the Shopping Centen 17. Default If (a) Licensee faJle m peffom~ any of the terms, condisinns or cove:3ea~cs of this License; or in the event there shall be filed by or agahut Licensee in any court pursttant to any stature, eithm of the UNted States or any State a petition in hankauptcy; or (c) Lcemee fails to pay, when due. any paFmnent of nddimum rent, percentage rent, or any other charges, or (d) Licensee abandons or vacates the Licet~se .Axes prior to the Exphation Date, or (e) in the e~,ent of an7 other defauk by Licemee; then in ,any such event Licensee's fights hemrmder shall cease aM, Licensor ma7 at its option (1) have the, tight to inm:edhtely revoke tl~s License, ,md upon demand Licensee agrees to surrender possession ot' the License Area to Licensor;, (2) mak~e demand for knmediate pa3maent of all current and fualre rent and anyother monetary obligations due heretmder; 0) re-enter the License Area and nemove all persons and/or any propeny therefrom, by an],- suitable action ox proceeding at Iaw. Licemee hereby expressly waives notice of default, nodee to quit and all other nodces tMt may be required bylaw. All rights and remedies of Licensor herein or at hw aM in equity are cumulath,e. If Licemor, at its sole discretion, determines it is necessary to engage attome~ to eulorce LicensotO$ fights hereunder. Licensee will reimburse Licensor for reasonable attorney's fees and court costs. 18. Assiement and Subletting/Non. Waiver. Licensee shell nor sell, assign, morlg;ge, pledge or trans fe[thls Liceme or any interest therein, nor sublet all or my pa~ of the License Area, nor license concessions or departments therein, without Licensor's prior written approval, which may be withheld in Licensor's sole and absolute discretion. The failure of Licensor to imist upon performance of ma7 of the terms, conditinz~s, and covenanu hereof shall not be deemed to be a waiver of an)' tights or remedies that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the temps, condisinm, and covenants herein contained. ' 19. Notices. All notices, demand or other wrinen wthing in this License provided to lie given, made or sent by either party ;o the other, shall be deemed to have been fully given, made or se~t when nmde in writing and deposited in the UNted States nmll, postage prepaid and addressed as staled above. 20. Entire and Binding Ameement/Sevembility/ExculpaOo~3, Tiffs License co~talns all of the covenants, promises, agreements: conditions and understandings between Licensor and Licettsee a~d it may' nor he modified in any mamaer other than by agreement, in ~'iting, signed by both Licensor :md Licensee or their st;ccessors in interest The terms, covenarlr, s, aid condiriotxs contained herein shall mute to the benefit of and be binding upon Licensor and Licensee and ~helr respective successors and assigns. There are no other, eid~er oral or wfittet~ between them other than those set forth in tb2s License. If any term or provision, or m~y portion of an}' term or provision cf th~ Licerae or the application thereof to ~y person or clscumstances, shall, a, any extent, be invalid or unenforceable, the remainder of d~ Liceme and the remaining pordo~ of such tem~ or provision, and the application of such term or provision tc persons or circumstances other than those as to which it is held invalid or ,-----------------unenforceable, shall not be affected theteb3,; and each term and provisinn of this License shall be valid and enforceable to the fullest extent pennkted by law. Notwithstanding any provision to the contrary herein, Licensee agrees that in no event shall Licer~or, its agents, lYara~ers, office~s, directors, shareholders and/o,' employees be personally' liable for any breach, default or other provisioa of this License and that Licensee shall look solely to the ~sets of the Shopping Center in any such matter. IN X~ITNE SS WHEREOF, the parties have executed this kicet~se on the day and year fkst above written. LICENSOR: LICENSEE Valley View M.~I, LLC a Virginia limited llab~ity City of Roanoke managing agent B~~. By Print Name: Louise Dudi~ P&tt Name:_Angie W'dllamson Its: Authorized Signatory Its: Dare: Date: VALLEY VIEW MALL SPECIAL EVENT/SHOW AGREEMENT F, ev~ed: 3/10/2004 ProjectID# 100-628 Lease ID# Deal Type: Pr~ Unit: SHOW This License/Special Event Agreement ("Liceme~) is made and entered into this ~ day of. __, 2006, by and between Valley View Mall, LLC a Vkginia limited liability company by CBL & Associates Management Inc, its managing agent,("Licensod') and Cityof Roanoke, a(n) Municipality incorporated in the state of VA, having offices located at 2~fi Church Avenue. Roanoke. VA24011 Ama: Bob Clement. Phone: 540-853-1286. Fax: 540-853-6597 ,("Licensee"). Therefore, in consideration of the terms and conditions set forth herein, the parties agree to the following: 1. License An:a: Licensor herebygrants to Licensee a non-transferable and revocable license to temporarily occupy and use, a portion of the Valley View Mall. Roanoke VA, (The ~ Shopping Center') located at 4802 Valley View Boulev~:l NW, Roanoke, VA 24012 for a specified special event as described herein. (Payment remittance adthess: 4802 Valley View Boulevard NW, Roanoke, VA 24012). Licensee desires to temporarily occupy and use a portion of the Shopping Center containing approximat ely ~&0~ square feet of floor area, as approved by mall management, throughout the mall, as shown on Exhibit "A' annexed hereto (~'Lirense Area"). Licensee understands and agrees lhat this License shall not be deemed to be coupled with an interest. 2. Duration: Licensee shall occupy and use the License Asea starting on 5/6/2006 and ending on 5/6/2006. at the close of business for the Shopping Center ("Expiration Date") unless this License ~s revoked eadier by Licensor. Licensor sh.dl not be liable to Licensee in damages or otherwise for a delay in the commencement or cessation of the duration of the term of this License. The License Area may be relocated or this License revoked upon twentpfour (24) hours notice to Licensee with no liability to Licensor. Licensor may revoke this License at any time during the term hereof if Licensor determines, in its sole discretion, that Licensee or the activities conducted by Licensee in the License Area are in any way harmful or injurious to the Shopping Center or any invitee, customer, tenant or occupant of the Shopping Center. 3. Us e~.' The License Area shall be occupied and used bythe Licensee as approved by mall management solely for the purpose of city departmental displays including police, fire department, etc. and for no other purpose whatsoever. 4. D/B/A: Licensee shall occupy and use the License Area under the trade name of Citizen's Avureciation Davy which shall not be changed without Licensor's prior written consent. 5. License Fee: Licensee shall pay Licensor, without notice, demand or setoff, at the propero/office or such other location as Licensor may specify, by certified check or money order on or before the start date of this agreement, Start Date End Date ~ Total Fee (i) Minimum Fee(s): 5/6/2006 5/6/2006 $250.00 $250.00 6. Damage Deooslt: Licensee deposits herewith the sum of $0.00. due uoon Licensee execution unless otherwise noted, (~Vaived}, as a damage deposit which shall be applied towards fees and other charges due under this Agreement and as a surety for the performance by Licensee of the terms of this License under whicli Licensee may be in default or for any sum which Licensor may expend by reason of Licensee's default in respect of any of the terms of this License including any damages which may result to the License Area. Within thir~ (30) days after the expiration of the term of this License there shaIl bc an accounting with payment to Licensor or reimbursement to Licensee, aa the case may be, of the aforesaid sum. In the event this License is terminated, the damage deposit will be retomed to Licensee aider deducting any sums duc Licensor. 7. Condition of License baea/Op_ etation/Removal of Property. Licensee has inspected the License Area and accepts it in "as-is" condition with no representation or warcanty by Licensor regarding the condition of the License Area or its suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the License Area. Licensee shall not violate applicable federal and state laws prohibiting the sale or display of products, which infringe on the trademarks or copyrights of others. Licensee shall at all times during irs occupancy of the License Area provide sufficient supervision and maintain adequate control of its employees, guests and invltees. Licensee will at ail times keep the License Area and the area sturounding the License Area clean, Licensee shall not make alterations or additions to the License Area, nor permit the making of holes in any surface in the License Area, nor shall Licensee affix any advenising or promotional signs or material to any surface in any manner without the prior consent of licensor. On the Expiration Date or earlier revocation by Licemor, Licensee shall remove its goods and effects, repair any damage caused by such removal or caused by Licensee's activities on the License Asea, and peaceably yield up the License Area clean and in good order, repair, and condition and if Liceraee shall fall to do so, Licensor shall have the tight to make such removal or repair at Licensee's expense. Personal property of Licensee not removed on or before the Expiration Date or earlier revocation shall become the property of Licensor, at Licensor's option, without liability to Licensee therefore. 8. Holding Over and Surcender of the License Area/Risk of Loss. If Licensee fa~ to smrender the License Area to Licensor upon the Expiation Date or earlier revocation by Licensor, Licensor shall be entitled to knmediate possession of the License Area. Licensee agrees that nothing herein contained shall be construed as authorizing or permitting any such hok{ over by Licensee. The risk of or damage to any rnatedals, equipment, or any other personal properv/of Licensee used within the Shopping Center or in the performance of its obligation under this License shall remain solely with Licensee. 9. Accesst Li . LicensorshallhaveaccesstotheLicenseAreaatanyandalltlmes. 10. Op_ erafinu Requirements. The use of megaphones, audio equipment, flashing ~hts or any other appliances or apparatus which might tend to annoy the public or other merchants in the Shopping Center is strictly prohibited. Licensee shall observe all Operating Rules for the Shopping Center and Licensee's continued occupancy therein shall be subject to the rules and ~egulations ~s may be promulgated by Licemor in the future. 11. Permits. If there are anyllcenses, authorizations, or permits required by any governmental agency or authority for the type of activiry to be carried on at or for the me or occupancy of the License Area, Licensee shall be responsible for obtaining such. No unlawful activities sh~ be permitted in the use of the License Area. The comumption or sale of alcoholic beverages on or from the License Area shall not be permitted. 12. Taxes and Fees. Any and all taxes, fees and assessments which may be levied or assessed on the assets, business or capital of Licensee, by any duly constituted government authority, and any taxes, fees for use, copyright of license fees associated with the use of any music, design or other auistic medium used in connection with the activities thereof, shall be borne by Licensee. 13. Employee's Benefits. Licensee agrees to assume exclusive liability for the payment of any sums imposed by government authorities relating to workers compensation insurance or the Social Security of employees or other persons who perform work or service for Licensee in the peffoxmance of its obligations hereunder. 14. Insurance. Licemee shall, at its sole cost and expense, procure and continue in force, during the term of this Lficense, commercial genera[ llabilltyimurance, including contractual liability and pa>percy damage relating to the License Area covering any and all claims for injuries to persons or upon the License Area. Such insurance shall have a minimum limit coverage in an amount of not less than One Million Dollars ($1,000,000.00) on account of bodilyinjury to or death of one person, One Million Dolla~ ($1,000,000.00) on account of bodily injury to or death of more than one person, resulting from any one accident or disaster, and One Million Dollars ($1,000,000.00) propero/damage. Licensee shall also carry Workers Compensation Imurance in the statutory amount. Any insurance policies required hereunder shall name Licensor, and any designees of Licensor, as an additional insured, and Licensee shall furnish evidence of such insurance coverage prior to occupancy of the License Area. 15. Indemnification. Commencing on the date hereof, Licemee shall indemnify and hold Licensor, its offtcers, agents, employees, parents, subsidiaries and affiliates and any occupant of space in the Shopping Center harmless from and against all claims, actions, hens, demands, expenses and judgments for loss, damage, or injury to property or persons resulting or occurring by reason of the construction, installation, removal, use, or occupancy of the License Area by Licensee and Licensee's access to or use of the Shopping Center, including all costs, expenses and attome3/s fees. If Licensor or any such persons are made a party to any litigation commenced by or against Licensee, Licensee agrees to protect, defend and hold Licensor and/or any such persons harmless therefrom and to pay all costs and reasomble attorney fees incurred or paid by Licensor or any such persons in connection with such litigation. 16. Damaee/Hazardous Material. This License shall be revoked automatically if any portion of the License Area is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against Licensor as a result of damage due to fire or any other peril. Licensee shall not cause or pemtit any hazardous material to be brought upon, stored, kept or discharged on or about the License Area or the Shopping Centen 17. I~fauit If (a) Licensee fails to perform any of the terms, conditions or covenants of tlm License; or (b) in the event there shall be filed by or against Licensee in any court pursuant to any statute, either of the United States or any State, a petition in bankruptcy; or (c) Licensee fails to pay, when due, any payment of minimum rent, percentage rent, or any other charges, or (d) Licensee abandons or vacates the License Area prior to the Expiration Date, or (e) in the event of any other default by Licensee; then in any such event Licensee's fights hereunder shall cease and, Licensor may at its option (1) have the right to mediately revoke this License, and upon demand Licemee agrees to surrender possession of the License Area to Licensor;, (2) make demand for immediate payment of all current and future rent and any other monetary obligations due hereunder, (3) re-enter the License Area and remove all persons and/or any pmpertytherefmm, by any suitable action or proceeding at law. Licensee hereby expxesslywaives notice of default, notice to quit and all other notices that may be required by hw. Ail rights and remedies of Licensor herein or at hw and in equity are cumulative. If Licensor, at its sule discretion, de~ennines k is necessary to engage attorneys to enforce Licensor's fights hereunder, Licensee will reimbm~e Licensor for reasonable atmme3~s fees and court costs. 18. Assignment and Subletting/Non-Waiver. Licensee shul/not sell, assign, mortgage, pledge or transfer th~ License or any interest therein, nor sublet all or any part of the License Area, nor license concessions or departments therein, without Licensor's prior written approval, which may be withheld in Licensor's sole and absolute discretion. The failure of Licensor to insist upon performance of any of the terms, conditions, and covenants hereof shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained. 19. Notices. All notices, demand or other written writing in this License provided to be given, made or sent by either party to the other, shall be deemed to have been fully given, made or sent when made in writing and deposited in the United States mail, postage prepaid and addressed as stated above. 20. Entire and Bindine Agneement/Sevembillty/Excnfpation. This License contains all of the covenants, promises, agreements, conditions and understandings between Licensor and Licensee and it may not be modified in any manner other than by agreement, in writing, signed by both Licensor and Licensee or their successors in interest. The terms, covenants, and conditions contained herein shall inure to the benefit of and be binding upon Licemor and Licemee and their respective successors and assigns. There are no other, ekher oral or writ~n, between them other than those set forth in this Liceme. If any term or provision, or any portion of any term or provision of this License or the application thereof to any person or circumstances, shall, to any ex'cent, be invalid or unenforceable, the remainder of ~ License and the remaining portions of such term or provision, and the application of such term or pmvisinn to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Liceme shall be va]id and enforceable to the fullest ex'cent permitted bylaw. Notwithstanding any pro~fision to the contrary herein, Licensee agrees that in no event shall Licensor, its agents, panners, officers, directors, shareholders and/or employees be personally liable for any breach, default or other pro'/~sinn of this License and that Licensee shall look solely to the assets of the Shopping Center in any such matter. IN WITNESS WHEREOF, the patties have execmed this License on the day and year first above vaitten. LICENSOR: Valley View Mall, LLC a Vhginia limited liability company, By CI3L & Associa~s Management, Inc., managing agent LICENSEE Gty of Roanoke FED-546001569 BM By: Print Name: Louise Dudley Print Name: Bob C~ement Its: Authorized Signatory Its: Date: Date: JESSE A. HALL Director of Finance email: j essehall~ci.r oanoke.va.u s March 6, 2006 CITY OF ROANOK'T, DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_shawver ~ci.roanoke.va.u s Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: January Financial Report The adopted budget for the fiscal year 2006 totaled $223.8 million representing a 5.7% increase over the previous year's adopted budget. This financial report covers seven months of activity for fiscal year 2006. The following narrative provides commentary on the significant events of this period. Revenues Revenues through January 2006 increased 7.1% compared to the prior fiscal year. Approximately 1% of this growth is due to the increase in the Prepared Food Tax. Variances from the prior year are addressed as follows: General Property Taxes increased 7.6%, led by growth in the real estate tax. The first installment of the tax was due October 5'h. This tax is expected to grow 9.3 % as a whole in FY 2006, and actual growth has followed this trend for the fiscal year to date as a result of growth in reassessments and new construction. Personal property taxes decreased through January; however, the majority of collections occur in the spring. Other Local Taxes increased 7.7% through January. The Prepared Food and Beverage tax rate increased from 4% to 5% effective July 1". Through January, this rate increase has provided approximately $1,012,211 in additional revenue and is expected to provide revenue growth of approximately $2 million throughout the fiscal year. Exclusive of the rate increase, Prepared Food and Beverage tax increased 4.4%, a positive trend in this tax. Sales tax collections increased approximately 3% through December. As reported to you last month, the specific growth percentage is difficult to discern at this point due to one-time payments last year and the fact that the State was remitting estimated payments the first three months of this year while implementing a new software system. At this time, City personnel are still working with the Honorable Mayor and Members of Council March 6, 2006 Page 2 Department of Taxation to gain access to specific details on sales tax remittance received by the City. A more specific growth rate for the current fiscal year will be reported once these revenues can be analyzed in more detail. Also indicative of a positive trend in our economy is 11.4% growth in the Transient Room Tax, which is influenced by positive performance at local hotels, as well as results from ongoing tax audits. Revenue from the Use of Money and Property increased significantly over the prior year as a result of interest income on the Budget Stabilization Reserve. The reserve was established in late FY05 by transfer from the Debt Service Fund. Grants-in-Aid Commonwealth increased 6.0% due in part to higher AFDC Foster Care and Employment Services revenues. These social services revenues are directly related to an increase in reimbursable expenditures related to adoption and employment services. Revenues provided by the Commonwealth of Virginia Compensation Board also grew due to an increase in the percentage of salary expenditures eligible for reimbursement. Miscellaneous Revenue increased 19.9% in part due to insurance proceeds resulting from both a water leak in the Municipal Building and hidden flood damage at the National Guard Armory. Expenditures General Fund expenditures as a whole increased 5.3%. All departments are affected by the 3% average pay raise granted to City employees beginning July 1, 2005. Fire/EMS and Sheriff/Jail employees also received an additional 4% raise effective January 1, 2006. A change in the billing methodology of the Fleet and Department of Technology (DOT) funds also affects user departments. Effective with FY06, Fleet and DoT began billing user departments for capital outlay rather than a Nondepartmental lump sum transfer as in prior years. This causes a decline in the Nondepartmental category and an offsetting increase in numerous other categories throughout FY06. Other variances between FY05 and FY06 are addressed as follows. General Government expenditures grew due to the aforementioned increases in the personnel costs and internal service charges. Public Safety expenditures are greater in the current year due to the aforementioned increase in payroll costs. Additionally, the Jail has experienced a rise in the cost of prison health care services, and Capital Maintenance and Equipment Replacement spending in the Police Department is higher in the current year. Honorable Mayor and Members of Council March 6, 2006 Page 3 Public Works expenditures increased only .9% despite the aforementioned changes in part due to a reduction in maintenance contract in the current fiscal year. A timing difference in the purchase of highway painting materials has also contributed to variance. Health and Welfare costs grew only 1.4% due to reduced Comprehensive Services Act expenditures resulting from reduced special needs payments and a decline in the number of children in higher cost residential placements. Parks, Recreation and Cultural expenditures increased 16.0% in part due to the reclassification of Event Zone, Virginia Amateur Sports, and Downtown Roanoke, Inc. expenditures from Community Development to Parks and Recreation Administration. An overall increase in Library costs, as well as a timing difference in the encumbrance of payments for sports officials also contributed to the increase. Transfer to Debt Service Fund expenditures increased 15.6% primarily as a result of debt service on the 2004B issue which began in January 2006. Nondepartmental expenditures declined 19.5% due to a decrease in the amount of undesignated fund balance transferred to the Capital Projects Fund. A decrease in the transfer to Risk Management Fund also contributed to the decline. This decrease occurred due to a lower required funding allocation for the City's reserve for uninsured claims in the current year compared to the prior year. Sincerely, Jesse A. Hall Director of Finance JAH:DLH:ca Attachments C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Rolanda B. Russell, Assistant City Manager James Grigsby, Acting Assistant City Manager Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE, VIRGINIA GENERAL FUND BTATEMENT OF REVENUE Year to Date fo r the Period Current Fiscal Year Percent of Revised Revenue July 1. January 31 July 1 - January 3t Percentage Revenue Estimate 2004-2005 2005-2006 of Change Estimates Received $ 31,529,215 $ 34,035,491 7 61% $ 93,243,000 36,50% 25,061,470 27,002,111 774 % 65,801,000 4104% 693,145 668,198 -360 % 1,069,000 6251% 612,500 823,324 133 % 1,354,000 6081% 363,122 569,8P~ 5694 % 722,000 7893% 23,367,961 24,759,303 5 95 % 50,391,105 49 13% 19,385 19,384 -0 01% 38,000 51 01% 5,534,187 5,254,151 4 37 % 8,891,000 59 10% 1,575,212 1,643,639 4 34 % 2,527,000 65 04% 264~665 317~443 16 94 % 3~4~000 82.67% $ 881820,862 $ 961092r933 7.06 % $ 224r42grt05 42.37% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July 1 * J anuarj 31 July 1 - January 31 Percentage Unencumbered 2004-2005 2005-2006 of Change Balance 6,504,639 7,035,988 621% $ 3,644,461 3,654,445 576 % 31,438,554 33,676,569 7 12 % 14,236,359 14,365,753 0.91% 5,003,070 5,805,567 1604 % 3,464,899 3,580,027 332 % 13,455,087 15,555,789 1561% 30,704,584 32,598,363 6 17 % Currant Fiscal Year Percent of Revised Budget Appro priaflons Obligated 5,164,342 $ 12,203,330 5768% 3,153,331 7,007,776 5500% 22,675,519 56,352,088 59.76% 9,251,364 23,617,147 60.03% 12,632,038 31,233,155 5956% 4,030,949 9,836,516 5902% 2,224,706 5,804,733 6167% 2,166,929 17,724,718 6776% 22,646,761 55,245,154 5901% 4~809~167 9~678~303 51 32% 88~757r166 $ 228~902r920 61.22% CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE SEVEN MONTHS ENDING JANUARY 31, 2006 FY 2006 FY 2005 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Charge Card Fees Commissions Catering/Concessions Other 282,659 61,600 93,669 160,645 6,255 31,411 130,059 32,717 22,406 396,723 6,064 358,108 115,327 104,625 272,149 13,025 46,807 161,601 63,362 47,938 429,984 15,544 Total Operating Revenues 1,224,208 1,628,470 Operating Expenses Personal Services Operating Expenses Depreciation 1,171,654 1,047,493 325,507 1,137,172 1,189,115 273,868 Total Operating Expenses 2,544,654 (1,320,446) 2,600,155 (971,685) Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Transfer from General Fund Transfer from General Fund - Victory Stadium Transfer to Debt Service Fund Interest and Fiscal Charges Arena Ventures Contractural Penalties Miscellaneous 28,600 803,346 125,841 (47,809) (54,799) 133,585 2,772 21,476 499,483 102,277 (48,409) (55,741) 122,970 4,992 Net Nonoperating Revenues 991,536 $ (328,910) 647,048 $ (324,637) Net Loss 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE SEVEN MONTHS ENDING JANUARY 31, 2006 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Gainsboro Parking Garage Williamson Road Surface Lots Norfolk Avenue Surface Lot Gainsboro Surface Lot Church Avenue Surface Lot Bullitt Avenue Surface Lot Salem Avenue Surface Lot West Church/YMCA Surface Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) interest on Investments Interest and Fiscal Charges Net Nonoperating Expenses Net Income FY 2006 246 867 307 937 125 761 373 311 264 815 71 869 49,426 15,673 26,245 26,600 47,168 13,586 18,664 1,587,922 652,068 337,721 989,789 598,133 47,017 (175,094) (128,077) $ 470,056 FY 2005 $ 224,034 307,061 130,280 363,778 235,994 61,145 51,220 37,871 32,305 26,600 46,558 14,750 8,194 1,539,790 563,981 337,464 901,445 638,345 18,503 (188,134) (169,631) $ 468,714 3 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARITIVE INCOME STATEMENT FOR THE SEVEN MONTHS ENDING JANUARY 31, 2006 FY 2006 Operating Revenues Retail Space Rental $ 140,263 Total Operating Revenues 140,263 Operating Expenses Operating Expense 165,568 Depreciation 4,540 Total Operating Expenses 170,108 Operating Loss (29,845) Nonoperating Revenues (Expenses) Interest on Investments 2,241 Transfer from General Fund 17,500 Miscellaneous 130 Net Nonoperating Revenues (Expenses) 19,871 Net Loss $ (9,974) FY 2005 $ 126,610 126,610 171,508 4,537 176,045 (49,435) (73) (73) $ (49,508) 4 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JANUARY 3t, 2006 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 JANUARY 31, 2006 BALANCE AT BALANCE AT BALANCE AT FUND DEC 3% 2005 RECEIPTS DISBURSEMENTS JAN 31r 2006 JAN 31r 2005 GENERAL $12,136,445,52 $11,561,097.49 $22,547,350,14 $1,150,192.87 ($19,696,418.45) WATER 420.00 0.00 0.00 420.00 420.00 WATER POLLUTION CONTROL 1,738.22 0.00 0.00 1,738.22 1,738.22 CIVIC FACILITIES 2,582,562.93 1,107,323.53 768,245.76 2,921,640.70 8,332,687.59 PARKING 3,567,532.90 233,365.65 280,063.35 3,520,835.20 3,229,600.29 CAPITAL PROJECTS 51,307,386.49 2,166,306.29 3,021,905.34 00,451,787.44 60,754,577.78 MARKET BUILDING OPERATIONS 62,652.83 25,502.97 34,721.44 53,434.36 (77,849.46) CONFERENCE CENTER 3,852,654.73 7,695.84 4,937.15 3,855,413.42 3,985,447.19 DEBT SERVICE 1,063,365.13 1,351,449.80 5,532,941.36 (3,"118,'126.43) 14,917,240.17 DEPT OF TECHNOLOGY 4,499,336.95 597,053~94 426,939.37 4,669,461.52 3,328,497.63 FLEET MANAGEMENT 867,580.20 876,126.03 371,107.12 1,372,599.11 423,405.18 PAYROLL (15,638,188.94) 17,612,559.98 15,310,261.08 (13,335,890.04) (12,712,851.21) RISK MANAGEMENT 11,365,343.90 345,678.50 1,119,366.40 10,591,656.00 11,400,194.61 PENSION 777,910.53 1,562,370.26 2,060,171.36 280,109.43 621,993.62 SCHOOL FUND 2,587,661.31 6,087,003.41 4,813,669.12 3,860,995.60 (1,074,26836) SCHOOL CAPITAL PROJECTS 3,063,524.83 6,24955 1,360,974.02 1.708,800.36 23,666,35449 SCHOOL FOOD SERVICE 31,85210 319,353,65 413,114.99 (61,909.24) 96,147.94 GRANT 2~464~515.33 516,750.96 679r673 77 2~301~592.52 948~657.99 TOTAL $84,594,294.96 $44,375,887.85 $58,745,441.77 $70,224,741.04 $98,145,575.22 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 JANUARY 31, 2006. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S SECURITIES) TOTAL $18,992.23 881,312.03 3,200,00~.00 17,541,010.92 10,891,779.74 9,453,237.50 18,762,696.77 9~475r711.85 $70,224,741.04 FEBRUARY 14, 2006 E~ELYN W, FOWERS, TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE SEVEN MONTHS ENDED JANUARY 31, 2006 Additions: FY 2006 FY 2005 Employer Contributions Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Income (Loss) Less Investment Expense Net Investment Income (Loss) Total Additions (Deductions) $ 4,602,022 $ 3,652,892 23,885,962 15,723,679 3,433,327 1,964,091 27,319,289 17,687,770 141,614 176,294 27,177,675 17,511,476 $ 31,779,697 $ 21,164,368 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase (Decrease) Net Assets Held in Trust for Pension Benefits: $ 12,525,362 $ 11,722,166 295,189 291,392 12,820,551 12,013,558 18,959,146 9,150,810 Fund Balance July 1 Fund Balance January 31 318,675,367 306,925,352 $ 337,634,513 $ 316,076,162 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JANUARY 31, 2006 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2006 FY 2005 $ 279,340 $ 618,974 339,180,109 317,150,437 1,431 1,431 6,531 $ 339,460,880 $ 317,777,373 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $ 1,824,197 $ 1,696,755 2,170 4,456 1,826,367 1,701,211 318,675,367 306,925,352 18,959,146 9,150,810 337,634,513 316,076,162 $ 339,460,880 $ 317,777,373 7 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 9, 2006 File #60-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Budget Ordinance No. 37316-030606, appropriating funds for the 2005-2006 Capital Maintenance and Equipment Replacement Program and Patrick Henry High School Stadium Project, and amending and reordaining certain sections of the 2005-2006 General, Capital Projects, School, School Capital Projects, and School Food Services Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, February 21,2006, also adopted by the Council on second reading on Monday, March 6, 2006, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Mar 06\Mar 6 06 correspondence.doc Jesse A. Hall March 9, 2006 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06~ar 06\Mar 6 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of March, 2006. No. 37316-030606. AN ORDINANCE to appropriate funding for the 2005-06 Capital Maintenance and Equipment Replacement Program and Patrick Henry High School Stadium Project, amending and reordaining ce~rtain sections of the 2005-2006 General, Capital Projects, School, School Capital Projects, and School Food Services Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General, Capital Projects, School, School Capital Projects, and School Food Services Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Fund - CMFRP Fund Balance Undesignated Fund Balance - Schools Capital Projects Fund Appropriations Stadium/Amphitheater Project Transfer to School Capital Projects Fund School Fund Appropriations Facility Maintenance Equipment School Furniture Revenues Transfer from General Fund 001-250-9310-9532 001-3324 008-530-9758-9076 008-530-9758-9531 030-065-7600-6681-0821 030-065-7600-6896-0822 030-060-6000-1037 $ 544,576 544,576 (4,100,000) 4,100,000 200,000 291,206 491,206 School Capital Projects Fund Appropriations 2002 Bond Funds Revenues Transfer from Capital Projects Fund School Food Services Fund Appropriations Food Service Furniture Revenues Transfer from General Fund 031-065-6072-6896-9001 031-060-6058-1237 032-065-7600-6788-0821 032-060-6000-1037 4,100,000 4,100,000 53,370 53,370 City Clerk. City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031 · 540-853-2381 · FAX 540-853-2951 Kathy G. StockburgeE Cha~ David B. Trinkle, M.D., Vide Chair Jason E. Bingham David B. Carson William H. Lindsey Alvin L. Nash Courtney A. Penn Marvin ~ Thompson, Roanoke, VA Superintendent February 21, 2006 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council 2401! Cindy H. Lee, Dear Members of Council: C/erg of the Board As the result of official School Board action at its meeting on February 14, the Board respectfully requests City Council to appropriate the following funds: · $544,576.00 from the Capital Maintenance and Equipment Replacement Fund to fund facility maintenance and food services equipment, and school- based furniture. · $4,100,000.00 from the Roanoke City Stadium/Amphitheater project to provide funding for the construction of the football stadium to be located on the Patrick Henry High School campus. The School Board thanks you for your approval of the appropriation requests. Sincerely, Cindy H/Poulton, Clerk re CC: Mrs. Kathy G. Stockburger Mr. Marvin T. Thompson Mr. Bernard J. Godek Mr. Kenneth F. Mundy IVlrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mr. Paul Workman (with accounting details) JESSE A. HALL l)irector of Finance cmail: jesse hall~¢i.£oanoke.va.us February 21, 2006 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: rain shawver~ci,roanoke.va us Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: SUBJECT: School Board Appropriation Request As a result of official School Board action at its meeting on February 14, the Board respectfully requests City Council to appropriate the following funds: $544,576 transfer from the City General Fund Undesignated Fund Balance to fund facility maintenance and food services equipment, and school-based furniture. $4,100,000 transfer of 2002A bond proceeds from the Stadium/Amphitheater Project (008-530-9758) to provide funding for the construction of the football stadium to be located on the Patrick Henry High School campus. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, Jesse A. Hall Director of Finance C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget Marvin T. Thompson, Superintendent of City Schools MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanok¢.va.us March 9, 2006 File #15-110-243 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Vickie F. Briggs 5656 Prunty Drive Salem, Virginia 24153 Dear Ms. Briggs: At a regular meeting of the Council of the City of Roanoke which was held on Monday, March 6, 2006, you were reappointed as aCity of Roanoke representative to the Advisory Committee, League of Older Americans, for a term ending February 28, 2007. Pursuant to Section 2.2-3702, Code of Virginia(1950), as amended, lam enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with acopywithin two weeksofyour reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Advisory Committee, League of Older Americans. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Susan Williams, Director, League of Older Americans, P. O. Box 14205 Roanoke, VA 24038 Stephanie M. Moon, CMC, Deputy City Clerk MARY F, PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'~rginJa 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke.va.us March 9, 2006 File #67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Carl H. Kopitzke 2314 Martin Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Kopitzke: At a regular meeting of the Council of the City of Roanoke which was held on Monday, March 6, 2006, you were reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31,2009. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." L:\CLERK~DATA\CKEW 1 ~oath and leaving service~Parks and Rec~Carl H Kopitzke oath.doc Mr. Carl H. Kopitzke March 9, 2006 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Parks and Recreation Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Stephanie M. Moon, CMC, Deputy City Clerk L:\CLERK~DATA\CKEWI ~oath and leaving servicc~Parks and Ret\Carl H Kopit~ke oath.doc COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of March, 2006, CARL H. KOPITZKE was reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31,2009. Given under my hand and the Seal of the City of Roanoke this ninth day of March, 2006. City Clerk L:\CLERK\DATA\CKEW1 ~oath and leaving service~Parks and R¢c\Carl H Kopitzke oath.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke V'nginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 9, 2006 File #67-110 Mr. James Settle 919B Winona Avenue, S. W., Roanoke, Virginia 24015 Dear Mr. Settle: At a regular meeting of the Council of the City of Roanoke which was held on Monday, March 6, 2006, you were reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31,2009. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." L:\CLERK~DATA\CKEWlXoath and leaving service~Parka and RecXJames Settle oath,doc Mr. James Settle March 9, 2006 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Parks and Recreation Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Carl H. Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 2314 Martin Lane, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, CMC, Deputy City Clerk L:\CLERK~DATA\CKEWDoath and leaving service~Parks and RecXJames Settle oath,doc COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: i, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of March, 2006, JAMES SETTLE was reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31,2009. Given under my hand and the Seal of the City of Roanoke this ninth day of March, 2006. City Clerk L:\C L£RK~,DA TA\CKEW l ~oath and leaving serviceLParks and ReeL/ames Settle oath.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ¥~rginJa 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 9, 2006 File #9-15-110 Mr. John E. Dooley 1825 Augusta National Road Blacksburg, Virginia 24060 Dear Mr. Dooley: At a regular meeting of the Council of the City of Roanoke which was held on Monday, March 6, 2006, you were appointed as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 20]0. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 31 5 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. John E. Dooley March 9, 2006 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Regional Airport Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors P. O. Box 29800, Roanoke, Virginia 2401 8-0798 Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission Stephanie M. Moon, CMC, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of March, 2006, JOHN E. DOOLEY was appointed as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 2010. Given under my hand and the Seal of the City of Roanoke this ninth day of March, 2006. City Clerk