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HomeMy WebLinkAboutCouncil Actions 04-05-10iroq� 0 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 5, 2010 9:00 A.M. VICE -MAYOR LEA 38758 - 040510 EOC CONFERENCE ROOM ROOM 159 AGENDA Call to Order -- Roll Call. Council Member Price was late. Mayor Bowers recognized the birthday of the Municipal Auditor which was April 3. A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. (6 -0) A communication from, Council Member Gwendolyn W. Mason, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council- Appointed Officer, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. (6 -0) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711(A)(3), Code of Virginia (1950), as amended. (6 -0) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711(A)(3), Code of Virginia (1950), as amended. (6 -0) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711(A)(3), Code of Virginia (1950), as amended. (6 -0) ITEMS LISTED . ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION /CLARIFICATION AND ADDITIONS /DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. At this point, Council Member Price entered the meeting (9:10 a.m.) BRIEFINGS: • GRTC Board Composition - 15 minutes • Hershberger Road Landscaping - 15 minutes • GEO Policing - 30 minutes • 2011 Budget Discussion - 120 minutes THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 5, 2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. All present. The Invocation was delivered by The Reverend Kirk A. Ballin. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, April .8 at 7:00 p.m., and Saturday, April 10 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 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. I 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. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE 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: Recognition of visitors on fellowship with Middle Eastern -North American Alliance through the Marshall Roanoke. The Mayor recognized Mayor C. Nelson Harris and presented certificates to visitors. Presentation of the Government Finance Officers Distinguished Budget Presentation Award. The Mayor recognized Sherman Stovall, Director of Management and Budget, and his staff. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. George Riles Robert Gravely Chris Craft Manley Butler 4. CONSENT AGENDA (APPROVED 7 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C -1 Minutes of the regular meeting of Council held on Monday, January 4, 2010. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 I A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 19, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City -owned property to John C. Anstey, President, Anstey Hodge Advertising Group. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 19, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the renewal for lease of space in the City Market Building for the operation of Gone CoCo, LLC, on a month to month basis, not to exceed 12 months. RECOMMENDED ACTION: Concurred in the request. 5 C -4 A communication from the City Clerk advising of the resignation of Valerie A. Garner as a member of the Roanoke Neighborhood Advocates, effective immediately. C -5 C -6 5. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. Minutes of the Audit Committee held on Monday, December 21, 2009. RECOMMENDED ACTION: Received and filed. Reports of qualification of the following individuals: Christopher P. Morrill as a Commissioner of The Hotel Roanoke Conference Center Commission fora term commencing March 15, 2010 and ending April 12, 2014; , Valerie N. Hale as a member of the Fair Housing Board for a three -year term ending March 31, 2013; Vickie J. Valentino as a member of the Youth Services Citizen Board for a three -year term ending May 31. 2013; John E. Dooley as a member of the Roanoke Regional Airport Commission for a four -year term ending March 9, 2014.; and James O'Hare as a City representative (Alternate Member) to the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA PUBLIC HEARINGS: a. Request.of the City of Roanoke to amend Section 32 -284, Code of the City of Roanoke (1979), as amended, to increase the City's tax on Prepared Food and Beverages ( "meals tax ") rate from five percent (5 %) to seven percent (7 %) for the period of July 1, 2010, until June 30, 2012. Christopher P. Morrill, City Manager. Adopted Ordinance No. 38758 - 040510. (7 -0) C1 b. Proposal of the City of Roanoke to lease approximately 680 square feet of City -owned property located in the Roanoke City Market - Building at 32 Market Square, to C. Roger Lamm, III, d /b /a Big Lick Pizza Co., on a month to month basis beginning April 1, 2010, not to exceed 12 months. R. Brian Townsend, Assistant City Manager for Community Development. Adopted Ordinance No. 38759 - 040510. (7 -0) The Mayor announced the passing of Florine L. Thornhill, 1990 Citizen of the Year; and former President of the Northwest Neighborhood Environmental Organization, Inc. 6. PETITIONS AND COMMUNICATIONS: a. Request of the Roanoke Valley Resource Authority to present its proposed 2010 -2011 Annual Budget. Daniel D. Miles, Chief Executive Officer, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 38760- 040510. (7 -0) b. Request of the Roanoke Regional Airport Commission to present its proposed 2010 -2011 Operating Budget and Proposed Capital Expenditures. Jacqueline L. Shuck, Executive Director, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 38761 - 040510. (7 -0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Amendment of the City Code to add Reserve Avenue Park to the list of "designated park facilities" where alcoholic beverages may be possessed and consumed. Adopted Ordinance No. 38762 - 040510. (6 -1, Vice -Mayor Lea voting no.) 2. Acceptance of a proposed deed of easement from the Western Virginia Water Authority and Norsal, LLC, for land acquisition in connection with the Roanoke River Greenway- Tinker Creek Pedestrian Bridge Project. Adopted Ordinance No. 38763- 040510. (7 -0) 7 J 3. Acceptance of a State Homeland Security Program Grant from the Department of Criminal Justice Services; and appropriation of funds. Adopted Resolution No. 38764 - 040510 and Budget Ordinance No. 38765- 040510. (7 -0) 4. Transfer of funds in connection with the reconstruction of Crestmoor Drive over Barnhart Branch Bridge. Adopted Budget Ordinance No. 38766- 040510. (7 -0) COMMENTS BY CITY MANAGER. Mr. Morrill provided information regarding the restoration of the Mill Mountain Toll Booth; and announced that the City Magazine had recognized Ken Cronin and Council Member Mason. b. DIRECTOR OF FINANCE: 1. Financial report for the month of February 2010. Received and filed. 2. Adoption of the 2010 Tax Year Personal Property Tax Relief Percentage. Adopted Resolution No. 38767- 040510. (7 -0) 3. Allocation. of bond proceeds from the sale of General Obligation Public Improvement Bonds Series 2010A and Series 2010B. Adopted Budget Ordinance No. 38768 - 040510. (7 -0) 4. Consideration of a proposed retirement incentive option for city employees. Adopted Ordinance No. 38769- 040510. (6 -0, Council Member Cutler abstained from voting.) 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Cutler referred to an article published in the American Art Review, February 2009, edition, featuring the Taubman Museum of Art. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. At 4:29 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room. At 5:30 p.m., Council Members Mason and Trinkle left the Closed Meeting. At 6:12 p.m., the Mayor reconvened the meeting in the Council Chamber. CERTIFICATION OF CLOSED MEETING. (5 -0 for two Closed Meetings; and 4 -0 for two Closed Meetings involving discussion of disposition of City -owned property, with the Mayor abstaining, and Council Members Mason and Trinkle were absent.) Appointed Chris Morrill to fill the unexpired term of Darlene L. Burcham as a non- elected representative to the Roanoke Valley - Alleghany Regional Commission for a term ending June 30, 2012. The Council reviewed applications for appointments for the position of School Board Trustee and elected to accord the following individuals an interview commencing at 4:00 p.m., on Monday, April 19 in the Council Chamber: The Reverend James P. Beatty, Chris H. Craft, John Elliott, Jr., Joelle Miller, Annette Lewis, Suzanne Moore and Brenda Tatum. The City Clerk was instructed to publish a notice for a public hearing to be held on Monday, April 19 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive views of citizens regarding appointment of Roanoke City School Board Trustees. 9 The Council may elect two School Board Trustees for three -year terms of office commencing July 1, 2010 and ending June 30, 2013 on Monday, May 3 at 2:00 p.m. The following nominations were made to the VML 2010 Policy Committees: Council Member Gwendolyn W. Mason — Community and Economic Development until July 1, 2010 Council Member M. Rupert Cutler — Environmental Quality until July 1, 2010 Ann H. Shawver, Director of Finance — Finance William M. Hackworth, City Attorney — General Laws Council Members Anita J. Price and Court G. Rosen — Human Development and Education Council Member David B. Trinkle - Transportation ADJOURNED - 6:14 p.m. 10 r = �b DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., SUITE 452 ROANOKE, VIRGINIA 24011 -1594 TELEPHONE: (540) 853 -2444 FAX: (540) 853 -1145 April 5, 2010 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, David A. Bowers Mayor DAB:ctw CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. ,.. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 DAVID A. BOWERS Fax: (540) 853 -1145 Mayor April 5, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle I wish to request that the Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council- Appointed Officer, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sip,cerely, Gwendolyn W. Mason, Chair City Council Personnel Committee GWM:ctw °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 The Honorable Mayor and Members of City Council Roanoke, Virginia April 5, 2010 Re: Request for closed meeting Dear Mayor Bowers 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 an 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. City Manager CPM /lsc cc: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk Morrill ... 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 The Honorable Mayor and Members of City Council Roanoke, Virginia April 5, 2010 Re: Request for closed meeting Dear Mayor Bowers 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 an 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. H "Her P. ty Manager CPM/lsc cc: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE F ' OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 N Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov The Honorable Mayor and Members of City Council Roanoke, Virginia April 5, 2010 Re: Request for closed meeting Dear Mayor Bowers 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 an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2- 3111.A.3, Code of Virginia (1950), as amended. City Manager CPM /lsc cc: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. 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Red 'Maple V Crape Myrtle: Redbud -� _ • C � _ - ` CRY ENGINEER' _ I , ANOKE " "� m PIIASli Reforestation of 1 -581 ramp areas Ornamental groupings in Valley View /Aviation I a . ramp areas 4 i' Contract amount $575,306 I ( $11,506 City match) RSG Landscaping (local office Wise Ave, SE) Notice to Proceed March 8 Scheduled completion mid June � 120 da .contract { i { i Approximately $1 Million ° Pedestrian /Bike Connection between Cove R and Rutgers. Street 1 mile of new sidewalk on each side. of H.ershberger Road ° Construction anticipated to begin Summer 2( Phase I I - Pedestrian Improvements �1� City of Roanoke — Engineering Division -North Side o 5 foot sidewalk 2 foot utility strip South Side o Majority _7-foot sidewalk against curb o Restricted by: Guardrail, topography, property Iii Consistent with complete the Streets policy Receives heavy- pedestrian traffic Pedestrian Enhancements I s I y i 7 oROM .CRY ENGINEER - HERSHBERGER ROAD FOR PHASE LANDSCAPE IMPROVEW COVE ROAD TO RUTGERS ROAD ROANOKE = »� COY OF ROANOKL VIRGINIA West Bound Lane 5' I ( I Sidewalk Median East Bound Lane - I 7- Sidewalk HERSHBERGER ROAD Safe Routes to School: Addison; under cons 100% federal' SRTS grant funded Safe-Routes to School: Preston Park; in desi federal SRTS grant funded ° Phase i 6"Citywide & Sidewalk; under construction, 100% City Curb & Sidewalk fur 6t" Street Streetscape; under construction, C o Rehabilitation and Conservation Districts Ne Concrete Curb, Entrances`& Sidewalks; -undo /\ mIft w & Y.■ ■. A &: ,mm, M A A.A O/ A 'rl r% A Hersh berger Road Pedestrian and Landscape Improvement Projects Duestle City of Roanoke — Engineering Division What is the Geographic Policing Initiative? The Roanoke Police Department is continuously seeking innovative ways to improve service to the community. The Department launched the Geographic Policing Initiative (GPI) in 2004 in an effort to improve police services Citywide. Under this system the City is mapped into four police response zones that contain police patrol districts. Each zone has a lieutenant, a Community Resource Officer (CRO), four sergeants, and an established number of patrol officers. The lieutenant serves as the Zone Commander and is responsible for all patrol functions within his /her assigned area to include community policing, the School Resource Officer (SRO) function, personnel-'ass , ignment, i ! and response to citizen concerns. The l i CROs are re pon'sible for policing and - %�roblem- solving initiatives in their zon�s�The' CROs 'also involveach officer in their zones in resolving quality of lifeand community__ policing; issues. The - sergeants - .are- r-es.pons'ib.le for the day,` -to -day supervision oft ieh r� zones. T-he-patrool officers learn and concentrate on s'pecafi Lri ds_unique to their assigned areas. Thirinitiafive has instilled a sense of ownership and responsibility among patrol officers and their supervisors. It has long been a Department goal to spread community policing throughout the entire patrol function. The Department has experienced great success in training and preparing all officers to become community oriented problem solvers. The Geographic Policing Initiative was the next step forward in bringing continued excellence in police service to the community. r Roz 14-IME �.M Why make these changes? We recognize citizens want personalized service, and we feel this method of policing allows us to best meet the goal of providing citizens the service they are seeking. Geographic Policing helps the Department improve response times, so police officers will get to you faster when you need.them. The system fosters an environment of teamwork among the officers and with the community at large. Community policing has been the philosophy of the Roanoke Police Department for the last several years. In working toward this goal the Department has worked hard to train its officers, both in the classroom and on the street, to utilize community policing principles in their daily work. We have seen success in the application of this philosophy within small communities in the City. We believe implementing this system was the next logical step;.and the culmination of a multi- year plan in the Department's transformation to move from a time oriented policing . strategy to a location oriented strategy. Zones are defined by natural boundaries and balanced based on police calls for service. Zone 1 Zone 1 Commander Lieutenant J.R. Ratcliffe Office: (540) 853 -1636 E -mail: Ron.Ratcliffe @roanokeva.gov Community Resource Officer Officer J.T. Rogers Office: (540) 853 -1988 E -mail: John.Rogers @roanokeva.gov Zone 1 is the area East of 581/220 to the City limits, South of the railroad tracks to the City limits, and includes greater Downtown (2nd Street, SW to 3rd Street, SE, Norfolk Avenue, SW to Elm Avenue, SW. Zone 2 Zone 2 Commander Lieutenant S. Roman Office: (540) 853 -2298 E -mail: Sam.Roman @roanokeva.gov Community Resource Officer Officer. K.W. Johnson Office: (540) 853 -2454 E -mail: Kenneth. Johnson @roanokeva.gov Zone 2 is the area East of 581/220 to the City Limits, North of the railroad.tracks to the City Limits. Zone 3 Zone 3 Commi Lieutenant D.0 Office: (540) f E -mail: David Community Re Officer R.J. Enc Office: (540).F E -mail: Rober Zone 3 is the.z City limits, Sol does not inclu Zone 4 - Zone 4 Comm. Lieutenant W :� Office: (540) F E-mail: ;Mac.B Community.-RE Officer W.D. W Office: (540) F E- mail: Williar Zone 4 is the z City limits and the City limits. K�11 .. h � �°,����'+��``'��� 1, The Roanoke�� lice De � Me t conducts secu 0as'�se eph, ts,�fpr residence and% bU sines OM er . m, assessments can,�lesseny.;�1aaces of becoming a victim,of`1WUr I h making your residenerbe�ss' lesst�attractive to cnman als. z e Department also cond cts'Secu �Gt: . u checks of residences and businesses while owners are away for an extended period of time. These services are free of charge, and can be conducted by the department's Crime Prevention Unit or Community Resource Officers. To requestia -free security assessment" 'contact the Roanoke Police Department's Crime Prevention Unit or a Community Resource Officer (CRO) listed below. When contacting a' CRO, please refer to the officer who serves ! the zone where your t'usine "ss.or i (U residence=s located.,` — _ s ;j > O 4 • Crime Pr vention:,Unit Q z .to 0 u �- - ` (540)-853-21,32 � • Zon& 1 _(Southea'st)'CRO o } a Ofc�J,T.'�Rogerss(540) 853 1988 v o P • Zon E _ ( fill Ofc. K.W John on,(`- A ; F © r w 454 8�3 1454: , LU •lone N(s5outwes AR Oztf�r Z U� -W;c. Rte. ng]L(54�0` • tZon4 ;(North'west, CRO ' fc D Wood (540), 853x5440,.' i } :f 1 •s C �i -4 11 Protect your home or business You can help prevent yourself from becoming a victim of burglary if you take the proper steps to secure your residence or business. Burglars usually want to enter your residence or business and take items of value as quickly as possible. The following information can help make your property less attractive to criminals. • Lock windows and doors Most burglars look for the easiest way to get inside a residence or business. Exterior doors should be solid construction and have heavy duty dead bolt locks. A sliding door needs additional protection because it can be lifted off its track and removed, even when shut. A secondary sliding patio door lock can make a sliding door more difficult to remove. Never screw or nail windows shut. Extra blocking devices may be needed for vinyl windows or windows that tilt in for cleaning. • Garage Garages should be kept closed -and locked. Many contain tools, which could be used by criminals to break into your residence. Install dead bolt locks on all walk through doors. Secure all windows and install curtains to prevent anyone from seeing the valuables in your garage. • Maintain Landscape Keep shrubbery trimmed so it does not block the view of any window or door. Overgrown shrubbery gives criminals places where they can hide as they attempt to enter your residence or business. • Exterior Lighting Intruders prefer darkness. The outside of your residence or business (front, rear, and sides) should be well lit during evening and night time hours. Use a timer or light sensitive sensor that automatically turn the lights on at dusk and off at dawn. • Invest in a security alarm system Security alarms provide extra protection, in addition to other safety measures. The Roanoke Police Department does not endorse one business or product over the other. • Securing your residence while on vacation Make your residence looked lived in while you are on vacation, or away for an extended period of time. Stop all mail and deliveries or have someone collect these items. Piles of mail or packages tell criminals that no one is home to gather these items. Keep one or more interior lights on. Utilize timers on lights, televisions, and radios to make your residence look occupied. Leave a key with a trusted neighbor or friend and ask that person to change the positions of blinds or drapes daily. Below is a list of businesses that sell closed circuit television systems (CCTV.) The Roanoke Police Department does not endorse one business or product over another. This listing is intended to provide residents and businesses with a reference guide to these businesses. The Police Department recommends that you obtain at least three quotes prior to making a purchase. Once you purchase a security system, have it installed by a business that is licensed to conduct this type of service. ADT 3601 Thirlane Road NW Roanoke, Virginia 24019 (540) 366 -3703 Best Buy 4707 Valley View BLVD. NW. Roanoke, VA. 24019 (540) 362 -4080 Brink's 1703 W Main Street Salem, VA. 24153 (540) 387 -4284 Gold Star Solutions LLC. 686 Lee Hwy. NW. Roanoke, Va. 24153 (540) 966 -2046 Greer's Supply C. Inc. 2401Plantation Road NE. Roanoke, VA. 24012 (540) 265 -0555 Professional Security Services Inc. 2203 Shenandoah Ave. NW. Roanoke, VA. 24017 (540) 265 -9070 Professional Security Services Inc. 2203 Shenandoah Ave. NW. Roanoke, VA. 24017 (540) 265 -9070 Sam's Wholesale Club 1455 Town Square Blvd NW Roanoke, VA. 20419 (540) 563 -2620 Security Consultants 1807 Murry Rd. SW. Roanoke, VA. 24015 (540) 982 -0639 Sound Decisions of Roanoke 3016 Franklin Rd. SW. Roanoke, VA. 24015 (540) 985 -0797 Security Services Inc. 17191 Virgil H. Goode Hwy Rocky Mount, VA. 24151 (540) 344 -2775 State Security 2311 Sanford Ave. SW. Roanoke, VA. 24015 (540) 985 -0797 United Security & Control Systems 6405 Merriman Rd. SW. 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Protect the Roanoke Valley are access t f p operty crime —Property Removing power tools, bicycles, and n ude offenses suchas = lawn"equiprnent f om plai" n view each r' If y cen theft), vandalism °'night -- r armed -a _..,,,� :y da age), and,xmotor vehicle - and /or r b -, re��tems i , ick -u t ks you wli ften, these crimes could..m ` Secu� p p revented ifproperty= ""Utilizin' du =rable padlocks and - security _ " �►,re more vigilantabout - chaff s =that are difficult to defeat • =Did y� tteirbelongmgs p4roperly . �Porting suspicious acti °vities or° departm * A° enM" " " individuals-in °youneighborhood -by -� - check of nokePoli:ce Departrn.... � �. r- - �teseach ro ert c it mew >., dial ling= 9.1 -1,. _1_ --� away ?, Ih y:�- However,t is our*goaT" I _x request r e�propertv�crime�m_Roanoke: • Recording the make, mod,, color, Be_su�e_ 74J Cllil'I'Jl l'1IC Cr KO our own 1 a 'waysreuro propert y le Bar" or si • Ut ze�`a�n`�at5tomatic timer for your �` interior lights. • Arrange to have: your lawn cut, as needed • {Temporarily suspend - our rriaWand/ ,' •` tor{ new_ spaper deliverxy p 1. %,a; iLbck doors on exterior sheds antl ..garage's - Have a .trusted friend or neighbor' ` a ` look after your house while your re �.- x JEW-M This isn't a ticket! It's a friendly reminder. Your vehicle was left unlocked and /or valuables were left in sight. This encourages others to invade your property. We do our best, but our officers can't be everywhere. Please help make Roanoke a Safer City. To learn more visit rpdsafercity.com LeadsOnline,'' LeadsOnline has proven to work for thousands of investigators over several years with success-stories reported every day. We have thousands of agencies. If you want to know*- exactly how many, call us - - -- the number goes up ever single day. We'll be happy to tell ya. For now, here's an overview of what we do to help solve - crimes and catch crooks and cooks: LeadsOnline is the nation's largest online investigation system used to solve crimes — from burglary to identity theft to- narcotics crimes. Our database already has over 200 million records and counting. We-are•a state -of- the -art crime fighting tool trusted by more than 1,100 law enforcement agencies (over 2,500 with eBay) across the country to automatically collect and analyze transaction records from businesses that take in property from the public, all in a secure, web -based I sery ice.that is easy to use, saving your staff countless hours and tax dollars. Not to mention solving crimes - - -- fast. Law enforcement agencies experience significantly improved investigative performance with LeadsOnline. Investigators get the timely, cross - jurisdictional information they need to work cases more effectively. Officers spend more time solving crimes and less time going store -to- store, gathering and searching through analog information. LeadsOnline is user - friendly for businesses and law enforcement. It takes less than 30 seconds per day for stores to upload. Search times average less than 1 second to return results on stolen property and suspects. LeadsOnline is different ......... it works. LeadsOnlabs Meth Monitor America's first real -time pseudoephedrine blocking, tracking, and investigative system, providing law enforcement the information they need to find meth cooks and to drive meth labs from'their community. LeadsOnlabs Meth Monitor is deployed in cities and several states, and is statewide in every pharmacy and every law enforcement . agency in Arkansas. Narcotics investigators make meth - related arrests daily. LeadsOnline Metal Theft Investigations System (MTIS) Equips detectives to catch copper thieves, collecting transaction information from scrap metal recyclers and providing intuitive systems for detectives. LeadsOnline MTIS is in place statewide in Mississippi under the Secretary of the State, and in Arkansas under Attorney General Dustin McDaniel. LeadsOnline eBay First Responder Service (FRS) Our direct link in exclusive partnership with eBay that makes it possible for law enforcement personnel to identify suspects listing stolen merchandise for sale online ----- instantly and without a subpoena. LeadsOnline Total Track Collects information from pawn, secondhand, and Internet (eBay) drop -off stores. This system is in place in.nearly 1,300 jurisdictions in 36 states. Total Track enables detectives to solve crimes when suspects sell related property across town or across the country. Helping address new crime - related issues for- agencies and crime victims. Here are some of the types of crimes law enforcement agencies deal with every day in which we have experience and,existing relationships with agencies we already work with. We're happy to provide input and perspective for you and your staff. Call us anytime at 800.311:2656. Prescription Drug Monitoring Fugitive Tracking Pseudoephedrine Reporting Craigslist Meth Manufacture eBay Metal Theft/Scrap Yards Organized= Retail Pawn /Secondhand. Store Theft Reporting LivestockJheft Criminal Investigations Timber Theft. Geographic Policin Presentation Presented by Lt. Sam Roman, Zone 2 Commander Lt. Danny Brabham, CIB Commander Real Time Policing • In July of 2007, the Police Departm( integrated Real Time Policing with Geographic Policing. • The concept of Real Time Policing i gather data and prepare "hot spot" r with peak time, peak day, and geog locations of specific crimes for direc patrol and focused initiatives. Refer to Geographic Pc Zone 1 Burglary Analy! • Crime Analysis data has shown that resin burglaries increase between the months and August (spring and summer break fc schools) • This data has also shown that only 42% homes that were burglarized were locket otherwise secured at the time of the offer • This indicates the need for an education., campaign to remind citizens that even wl are gone for "just a minute ", they should time to secure their homes. Residential Burglary in Zone 1, April - August Legend Hot Spot of 2D Concentration of - Very High P- High 'a Moderate hJ Low None Hot Spot of 20 Concentration of aim Very High High Moderate Law None Hot Spot of 20 Concentration v - Very High - High Moderate v' Low None M Ii Status of Residence at time of Burglary, April -Augu 111•C I- 2008 2007 0 10 .20 30 40 50 Number of Incidents to Home Security and L This isn't It's a friendly -remin was left unlocked anc left in sight. This er to invade yoL We do our best, l can't be eve Please help make Ro To learn more visit PROPERTY TARGETED MI BY OFFENDERS • Radios /Televisions/VCRs /DVDs (most coi • Computer Hardware and /or Software • Money and Credit /Debit Cards • Jewelry — The Roanoke Police Department currently suk to Leadsonline TIME OF DAY AND DAY OF W • Mondays, Fridays and Sundays see consistently be the days when theSE offenses are reported to police • This provides some indication that tl burglaries may be occurring the prey night /early morning hours —With the exception of Sundays, in whit the burglary is most likely to have occL sometime over the weekend, not nece the night or early morning before. GEOTEMPORAL BASED INFORCE ACTIONS • In order to reduce the risk of future occurrence: will concentrate their efforts in the area of recer burglaries on the days and times given. • Patrol officers will enhance their patrol efforts c around these days and times • Zone CRO's and Crime Prevention Officers prc residential surveys to victims of burglaries • Special Operations will be developed with the Enforcement Team to conduct surveillance duri times and attempt to apprehend the offender(s; • The Department has recently unveiled the new City" campaign to educate residents of the imp( securing their homes, vehicles and possession: Robbery Robbery Larceny Zone 2- Larcenies- March 1, 2010 through March 31,2010 DVR Video Snapshot DA09.20.09 McDonalds Stolen Purse%#01 McDonalds 1438.avi Sun, Sep 20, 2009, 2-.38:06 PM (Eastern Daylight Time) Event: No event selected Video Capture Size: 352 x 240 pixels Video Frame Time: 9!2012009 2:38:06 PM (Eastern Daylight Time) Media Input Name: 08. McCfonalds DVR Location: STORE02312DVR06US DVR Serial #: KBAAN4614-421 OB DVR Station ID: 0 010 Theft f/ Building ( 00 Theft f/ Machine i 00 Theft Y W (15) 00 Theft of MV Paris, 00 Al Other Theft (2 72 Shoplifting Prevention Offender List License Plate Reader Business Academy/ Seminars Crime Analysis Data try I Hot Spot of Commercial Burglary, April & May, 2005 -2009 iLIANUKI � c z Legend Hot Spot of Commercial Burglary Concentration of Incidents =Very High = High (111011111 Moderate = Low L_] None I0 1,400 2,800 5,800 Feet Ry,,,,t.,� = Questions? CIO .,2) 'T, 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 April 5, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request to Schedule a Public Public Hearing for the Sale of City -Owned Property Background: Mr. john C. Anstey, President of Anstey Hodge Advertising Group, Inc. has expressed a desire to purchase property represented by Tax Map number 3012826, an approximately 7,000 square foot vacant lot adjacent to his newly restored advertising office, located at 120 Commonwealth Ave., NE. The offer is $5,200. The current assessed value of the property is $5,200. Disposition of this property at the offered value to the abutting property owner will relieve the City of current and future costs of maintenance. A public hearing is required prior to City Council authorizing the sale of this City -owned property. Proceeds from the sale would be allocated to the City's Economic and Community Development Reserve. Recommended Action: Authorize the scheduling of a public hearing to consider the sale of the aforementioned property on April 19, 2010, at 7:00 pm. RectfAll� submitted, Chri pher P. Morrill City Manager Honorable Mayor and Members of City Council April 5, 2010 Page 2 CPM /clt c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director of Real Estate Valuation Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist CM10 -00056 "°' 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 April 5, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita,J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request Public Hearing to Renew Lease for Gone Co -Co in City Market Building Background: Mr. Easter P. Moses, owner of Gone CoCo, LLC, has leased approximately 742 square feet of space located in the City Market Building at 32 Market Square, Roanoke, Virginia 24011. The current lease expires April 30, 2010. Mr. Moses has expressed his desire to continue to operate a retail business in the Market Building. The lease term proposed is month to month not to exceed twelve (12) months effective May 1, 2010. A public hearing is required to consider this lease term. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on April 19, 2010 at 7:00 pm. " pe4t6llyfs:lbmitted, hriskr P. Morrill ity Manager Honorable Mayor and Members of City Council April 5, 2010 Page 2 CPM /clt c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Joshua L. Mabrey, Accountant /Accounts Receivable CM10 -00058 April 5, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise that Valerie A. Garner has tendered her resignation as a member of the Roanoke Neighborhood Advocates, effective immediately. Sincerely, 1-h % "bri) Stephanie M. Moon, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK " 215 Church Avenue, S. W., Suite 456 ' Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov City Clerk April 5, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise that Valerie A. Garner has tendered her resignation as a member of the Roanoke Neighborhood Advocates, effective immediately. Sincerely, 1-h % "bri) Stephanie M. Moon, CMC City Clerk MINUTES OF ROANOKE CITY COUNCIL AUDIT COMMITTEE December 21, 2009 1. CALL TO ORDER: The meeting of the Audit Committee of Roanoke City Council was called to order in the City Council Conference Room of the Noel C. Taylor Municipal Building at 1 :1 5 p.m. with Chairman, Sherman P. Lea, presiding. The roll was called by Mrs. England Audit Committee Members Present: Audit Committee Members Absent: Sherman P. Lea, .Chair Mayor David A. Bowers Dr. M. Rupert Cutler Gwendolyn W. Mason Anita J. Price Court G. Rosen Dr. David B. Trinkle None Others Present: Drew Harmon, Municipal Auditor William M. Hackworth, City Attorney Ann Shawver, Director of Finance Darlene Burcham, City Manager Evelyn Powers, City Treasurer James Grigsby, Asst. City Manager /Operations Brian Townsend, Asst. City Mgr. /Community Development Carl Palmer, General Manager, GRTC Stephanie Giles, Director of Finance, GRTC R. Timothy Conner, Partner, KPMG LLP Peter J. Ragone, II, Senior Manager, KPMG LLP Octavia Johnson, Roanoke City Sheriff James Brubaker, Major Deputy Sheriff David Bell, Captain Deputy Sheriff Sherman Stovall, Management & Budget Andrea Trent, Assistant Director of Finance John Bingham, Assistant Director of Finance Faye Gilchrist, Assistant to the City Manager Melinda Mayo, Public Information Officer, Margaret Lindsey, Director of Accounting, RCPS Dawn Hope, Assistant Municipal Auditor Debbie Noble, Senior Auditor Ann Clark, Senior Auditor Doris England, Administrative Assistant Audit Committee Minutes - December 21, 2009 Page 2 2. APPROVAL OF MINUTES FROM OCTOBER 5, 2009, MEETING Chairman Lea asked if there were any corrections or amendments to the minutes of the October 5, 2009, Audit Committee meeting. There were none. Dr. Cutler moved and Ms. Price seconded that the minutes be approved as distributed. A vote was taken and the motion carried. The minutes will be placed on the Consent Agenda for the next City Council meeting. Chairman Lea recognized Sheriff Octavia Johnson and City Treasurer Evelyn Powers, both of whom were in attendance. 3. CITY OF ROANOKE A. KPMG - Presentation / Update to Audit Committee - Fiscal Year 2009 • Required Communications • City's Pension Plan • Sheriff's Internal Control. • City • Schools • Single Audit Chairman Lea recognized Mr. Tim Conner, Partner with KPMG LLP (KPMG), for comments. Mr. Conner stated that KPMG is in the final stages of completing the City's annual audit. He then proceeded with a slide show presentation outlining the communications required by auditing standards and the Auditor of Public ccounts of the Commonwealth of Virginia [Attached]. ar !e M-he committee discussed the adoption of GASB Statement No. 49, "Accounting 't-&d Financial Reporting for Pollution .Remediation Obligations," by the City in `scal year 2009. Mr. Conner explained that this statement was required to be implemented to recognize existing obligations for the costs to remedy pollution - related conditions, such as identified disturbance of asbestos in buildings and 9 king underground storage tanks. Ms. Ann Shawver informed the committee members that the City is reporting approximately $326,000 in its unaudited M nancial statements for June 30, 2009, related to the William Fleming High School demolition. Mr. Conner also noted that the City has contracted with a third party to manage its Civic Center and that this includes outsourcing the accounting for this fund effective January 1 ; 2009. Mr. Conner stated that KPMG had not identified any misstatements to date; that there had been no disagreements with management to date; and that he was not aware of any consultations management has had with other accountants regarding the June 30, 2009, financial statements. He noted that KPMG is independent of Audit Committee Minutes — December 21, 2009 Page 3 the City and qualified to perform the audit. Mr. Conner acknowledged that there have been delays encountered during the audit, which would be explained in greater detail during the presentation on internal controls. Mr. Conner asked Mr. Ragone to brief committee members on internal control related matters. Mr. Ragone discussed the benefits of more formally documenting policies and procedures related to various aspects of the accounting operations, including preparation of the Comprehensive Annual Financial Report. He noted that staff turnover in the Finance Department in October had contributed to delays in completing this year's audit. Mr. Ragone then discussed internal control related matters identified to date at Roanoke City Public Schools. The issues noted by KPMG primarily relate to the implementation of a new accounting system, beginning operation on July 1, 2008. Policies and procedures related to financial reporting with the new system did not appear to be adequately developed or documented. The new accounting system is a hosted system accessed through the Internet, with all hardware and software maintained at the vendor's facilities, which are outside of the Commonwealth of Virginia. Mr. Ragone noted that the vendor, as ,an important service organization to the Schools, has not had an audit of its system controls performed, often referred to as a SAS 70 audit. An adequate process for review and approval of manual journal entries was not in place. Bank reconciliations were not prepared or reviewed on a timely basis. Chairman Lea asked if the deadline for getting this information and completing the Schools' audit was December 31 and what affect this would have on the City if the deadline is not met. Mr. Harmon noted that November 30 is the deadline for filing audited numbers with the state, but that a number of localities have missed that deadline in past years. Mr. Harmon was not aware of any specific penalty for filing late. Ms. Shawver added that other deadlines associated with December 31 are the filing with the Securities and Exchange Commission [SEC] and the application for the GFOA certificate of achievement. Ms. Shawver stated that the SEC filing could be completed with the City's unaudited statements and that an extension could be obtained from the GFOA. She noted that at some point after December 31, the APA would have to publish its comparative costs report without the City's data. She emphasized the need to complete the audit as soon as possible to avoid this scenario, as well as to allow her staff to focus on the current year's work, including 2010-11 budget development. Dr. Trinkle asked how the Schools could get beyond the concerns related to the accounting system vendor. Mr. Ragone stated that ideally the vendor would provide a SAS 70 audit report to the Schools, and he asked Ms. Lindsey, Director Audit Committee Minutes — December 21, 2009 Page 4 of Accounting - RCPS, who was in attendance, if she would like to provide further comments. Ms. Lindsey replied that the vendor has not had a SAS 70 audit and has no plans to undergo one at this time. She stated that the only alternative would be to change vendors / systems. Dr. Trinkle commented that a change in vendors would be an expensive alternative and that one would think the vendor would be required to provide the needed audit report. Mr. Ragone proceeded with the presentation, stating that KPMG is nearing completion of test work required by OMB Circular A -133 (Single Audit) related to federal grants. Due to the City's current status as a high -risk auditee, 50 percent of expenditures of federal awards during the current fiscal year must be audited. Additionally, programs that expended funds received through the American Recovery and Reinvestment Act [Stimulus funds] were also required to be audited. As a result, ten Single Audit programs were tested. [See attached presentation for programs and preliminary findings.] Mr. Rosen asked why the City was designated as "high- risk" for purposes of the Single Audit. Mr. Conner replied that the designation is based on past findings and that the City would have to experience two successive years with no significant single audit findings in order to be designated as low risk. Chairman Lea asked if there were any further questions for Mr. Conner or Mr. Ragone. There were none. Chairman Lea ordered the items presented by KPMG be received and filed. There were no objections to the order. 4. NEW BUSINESS A. Audit Committee Changes Chairman Lea recognized Drew Harmon, Municipal Auditor, for comments. Mr. Harmon asked the committee to consider the following changes to the Committee: Reducing the number of committee members from seven (7) to three (3). Scheduling committee meetings on the second or fourth week of the month to enable committee members to concentrate on audit business and minimize distractions associated with regular Council business on the first and third weeks of the month. Lengthening meeting times from 1 hour to 2 hours to allow adequate time for discussion. Mr. Harmon commented on the favorable results of a similar change enacted with the School Board Audit Committee that now consists of two of the School Board Audit Committee Minutes — December 21, 2009 Page 5 members. He noted that the City Code provides that the Audit Committee consist of a minimum of three Council members. Prior to 2001, the Audit Committee was a three - person committee. Dr. Trinkle asked when the School Board changed to a two - person Audit Committee. Mr. Harmon responded that it has been a two - member committee for approximately three years. Dr. Trinkle asked how the work of the committee was communicated to the rest of the Board. Mr. Harmon replied that the Board's monthly agenda includes reports of committees, which includes a report from the Audit Committee Chair. All audit reports are provided to the full School Board. Dr. Trinkle asked about opportunities for all members of Council to meet with the Municipal Auditor to discuss questions they might have over the course of time. Mr. Harmon stated that Audit Committee meetings would remain public meetings and could be attended by any Council member. Additional meetings could also be scheduled as desired. Dr. Cutler stated that, speaking as a previous Chair of the Audit Committee from 2004 to 2006, he supports creating a separate Audit Committee and spending more time with it. He stated he had the same sense as Mr. Harmon, that Council was being rushed too much with other responsibilities to give the Audit Committee sufficient attention, and would thus support the recommended changes. Ms. Mason also expressed support for the recommended changes and noted that Mr. Rosen had expressed an interest in serving on the Audit Committee. She also noted that she would support Mr. Lea remaining as Chairman of the Committee and Mr. Trinkle, as the committee's current Vice Chairman, as being the third committee member. Ms. Mason moved that the Audit Committee now be made up of these three members. Dr. Cutler seconded the motion. Chairman Lea stated that was fine with him and asked if all were in agreement; other members stated they did agree. Chairman Lea explained that the Mayor is an ex- officio member of all City Council committees and might choose to participate as well. Chairman Lea asked if there were any further questions from members of the Audit Committee. There were none. 5. ADJOURNMENT There being no further business, the meeting was adjourned at 1:53 p.m. Sherman P. Lea, Chair April 7, 2010 Deborah J. Moses, Director Hotel Roanoke Conference Center Roanoke, Virginia Dear Ms. Moses: JONATHAN E. CRAFT Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk This is to advise you that Christopher P. Morrill has qualified as a Commissioner of The Hotel Roanoke Conference Center Commission for a term commencing March 15, 2010 and ending April 12, 2014. Sincerely, k -","j Stephanie M. Moon, CMC City Clerk pc: Dr. Raymond D. Smoot, .Jr., Secretary, Hotel Roanoke Conference Center Commission, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061 L: \CLERK\DATA \CKEWI \oath and leaving service\Hotel Roanoke Conference Center Commission \Christopher Morrill quahfication.doc CITY OF ROANOKE ! p OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk @roanokeva.gov STEPHANIE M. MOON, CMC City Clerk April 7, 2010 Deborah J. Moses, Director Hotel Roanoke Conference Center Roanoke, Virginia Dear Ms. Moses: JONATHAN E. CRAFT Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk This is to advise you that Christopher P. Morrill has qualified as a Commissioner of The Hotel Roanoke Conference Center Commission for a term commencing March 15, 2010 and ending April 12, 2014. Sincerely, k -","j Stephanie M. Moon, CMC City Clerk pc: Dr. Raymond D. Smoot, .Jr., Secretary, Hotel Roanoke Conference Center Commission, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061 L: \CLERK\DATA \CKEWI \oath and leaving service\Hotel Roanoke Conference Center Commission \Christopher Morrill quahfication.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, CHRISTOPHER P. MORRILL, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Commissioner of The Hotel Roanoke Conference Center Commission for a term commencing March 15, 2010 and ending April 12, 2014, accordin tot a hest of my ability (So help me God). d Subscribed and sworn to before me this 9—:S? day of 2010. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY j!��42 , CLERK L: \CLERK\DATA \CKEW 1 \oath and leaving service\Hotel Roanoke Conference Center Commission \Christopher P. Morrill oath.doc April 7, 2010 .John Moorefield, Recording Secretary Fair Housing Board Roanoke, Virginia Dear Mr. Moorefield: JONATHAN E. CRAFT' Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Valerie N. Hale has qualified as a member of the, Fair Housing Board for a term of three -years ending March 31, 2013. Sincerely, Stephanie M. Moon, CIVIC City Clerk pc: ,Jonathan E. Craft, Deputy City Clerk L: \CLERK\DATA \CKEW I \oath and leaving service\Fair Housing Board \Valerie Hale qualif.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov City Clerk April 7, 2010 .John Moorefield, Recording Secretary Fair Housing Board Roanoke, Virginia Dear Mr. Moorefield: JONATHAN E. CRAFT' Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Valerie N. Hale has qualified as a member of the, Fair Housing Board for a term of three -years ending March 31, 2013. Sincerely, Stephanie M. Moon, CIVIC City Clerk pc: ,Jonathan E. Craft, Deputy City Clerk L: \CLERK\DATA \CKEW I \oath and leaving service\Fair Housing Board \Valerie Hale qualif.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Valerie N. Hale, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Fair Housing Board for a term of three -years ending March 31, 2013, according to the best of my ability (So help me God). v Subscribed and sworn to before me this day of 0. . • . • . • -- ° CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S., W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov City Clerk April 7, 2010 Michael Clark, Recreation Superintendent Parks and Recreation Department Roanoke, Virginia Dear Mr. Clark: JONATHAN E. CRAFT Deputy City Clerk ' CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Vickie J. Valentino has qualified as a member of the Youth Services Citizen Board for a three -year term ending May 31, 2013. SMM:ew Sincerely, G�+...cJ � • � p wJ Stephanie M. Moon, CIVIC City Clerk L: \CLERK\DATA \CKEW 1 \oath and leaving service \Youth Ser Citizen Board \Vickie J. Valentino quahfication.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Vickie J. Valentino, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board for a three -year term ending May 31, 2013, according to the best of my ability (So help me God). Subscribed and sworn to before me this i J day of rG 2010 BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK ° CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov City Clerk April 7, 2010 Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Pendleton: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that John E. Dooley has qualified as a Commissioner of the Roanoke Regional Airport Commission for a term of four years ending March 9, 2014. Sincerely, Stephanie M. Moon, CIVIC City Clerk L: \CLERK \DATA \CKEW1 \oath and leaving service\Airport Commission \John E. Dooley qualif.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, John E. Dooley, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Regional Airport Commission for a term of four years ending March 9, 2014, according to the best of my ability (So help me God). Subscribed and sworn to before me this /( day of 010. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK LAC LER K\DATA\C KEW 1 \oath and leaving service \Airport CommissionUohn E. Dooley oath.doc U. T CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk April 7, 2010 Allen Hullette, Superintendent Roanoke Valley Juvenile Detention Center 498 Corner Spring Road, N. E. Roanoke, Virginia 24012 Dear Mr. Hullette: This is to advise you that James O'Hare has qualified as a City representative (Alternative Member) to the Roanoke Valley.Juvenile Detention Center Commission, for a term ending June 30, 2012. Sincerely, 0 ev—) Stephanie M. Moon, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, dames O'Hare, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative (Alternate Member) to the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this 2-3 day of MAI&W 2010. BRE S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK L: \CLERK \DATA \CKEW 1 \oath and leaving service \Roanoke Valley Juvenile Detention Center commissionVarnes O'Hare oath June 30 2012.doc a o CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 �* 4` Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov City Clerk April 7, 2010 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk am enclosing copies of Ordinance No. 38758 - 040510 amending and reordaining Section 32 -284, Levy of tax; amount, Article XIV, Tax on Prepared Food and Beverage, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by increasing the tax rate on prepared food and beverages from five percent to seven percent for two years, effective July 1, 2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 2010, and is in full force effective July 1, 2010. Enclosure Sincerely, )0-n• p *Yv Stephanie M. Moon, CM City Clerk L: \CLERK\DATA \CKSM1\Agenda Correspondence\April 5, 2009.doc Municipal Code Corporation April 7, 2010 Page 2 pc: The Honorable Evelyn W. Powers, Treasurer The Honorable Brenda S. Hamilton, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Dana Long, Manager, Billings and Collections Sherman M. Stovall, Director, Management and Budget Cecelia R. Webb, Assistant Deputy City Clerk LACLERK\DATA \CKSM1\Agenda Correspondence\April 5, 2009.doc 1� IN. THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ,The 5th day of April, 2010. No. 38758- 040510. AN ORDINANCE amending §32 -284, Levy of tax; amount, Article XIV, Tax on Prepared Food and Beverage, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by increasing the tax rate on prepared food and beverages from five percent (5 %) to seven percent (7 %) for two years, providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32 -284, Levy of tax; amount, Article XIV, Tax on Prepared Food and Beverage, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: §32 -284. Levy of tax; amount. In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of all food sold in the city in or from a restaurant, whether prepared in such restaurant or not and whether consumed on the premises or not, or by a caterer regardless of place of delivery or consumption. The rate of.this tax shall be five (5 %) percent of the amount paid for such food provided, however, that the rate shall he seven percent (7016) of the amount paid for such food for the period of July 1, 2010, until June 30, 2012, at which time the rate will return to five percent (5%) . In the computation of this tax, any fraction of one -half cent ($0.005) or more shall be treated as one cent ($0.01). 2. Pursuant to § 12 of the Roanoke City Charter the second reading by title paragraph is hereby dispensed with. 3. This ordinance shall be in full force and effect on July 1, 2010. ATTEST: K:\Measures \Code Amendment Meals Tax 2010 2 years 5 to Tdoc City Clerk. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- +------------------ - - - - -- STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 NOTICE OF PUBLIC 12031547 NPH -Meals tax increa HEARING Notice is hereby given, pursuant to Section State of Virginia I 58.1 -3007, Code of Virginia (1950), as amended, that City of Roanoke I the City Council of the City of Roanoke will hold a jpublic hearing at its regular I, (the undersigned) an authorized representative I meeting to be held on Monday, April 5, 2010,1 of the Times -World Corporation, which corporation I commencing at 2:00 p.m.,' In the Council Chambers, is publisher of the Roanoke Times, a daily I 4th Floor, Noel C. Taylor Municipal Building, 215 er published news a blished in Roanoke, in the State of p P I Church Avenue, S.W., Roanoke, Virginia, or as, Virginia, do certify that the annexed notice was I Soon thereafter as the matter may be heard, on published in said newspapers on the following I the issue of amending §92 -284, Code of the City dates: of Roanoke-(1979), as amended, increasing the City's tax on prepared food and beverages ( "meals tax ") rate from five percent (5 %) to seven percent (7 %) for the period of July 1, 2010, until June 30, 2012. The proposed ordinance is City /County of Roanoke, Commonwealth /State of lavailable for examination by the public in the Office'of Virginia. Sworn and subscribed before me this I the.City Clerk, Room456 of APR 2010. Witness my hand and I Municipal Building, 215 Church Avenue, S. W.,. _day official seal. I Roanoke, Virginia 24011. If you are a person with a J I disability who needs accommodations for thisi — — - -- Notary. Pub 1 i c I public hearing, contact the City Clerk's Office, I 853 -2541, by 12:00 noon on Thursday, April 1, 2010. �T f e o e ► i ��i ion under my hand this 22nd day of March, 201. ```��r B L Stephanie �I Clerk. `\o NOTARY'- i Poalic - • • .•� - 12031547) PUBLISHED ON. 03/26 =;• REG. #228622•• I _ _ r, - MYCOMMISSION • S CID EXPIRES ;yFALTH DF�\ % TOTAL COST: 168.48 FILED ON: 03/31/10 I '„ r. TT_-}i Authorized Signature:___ _ _ Billing S`'ervices RepresE,tative �i iJ'1 NOTICE OF PUBLIC HEARING Notice is hereby given, pursuant to Section 58.1 -3007, Code of Virginia (1950), as amended, that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, April 5, 2010, commencing at 2:00 p.m., in the Council Chambers, 4`h Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, or as soon thereafter as the matter may be heard, on the issue of amending §32 -284, Code of the City of Roanoke (1979), as amended, increasing the City's tax on prepared food and beverages ( "meals tax ") rate from five percent (5 %) to seven percent (7 %) for the period of July 1, 2010, until June 30, 2012. The proposed ordinance is available for examination by the public in the Office of the City Clerk, Room 456 Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853 -2541, by 12:00 noon on Thursday, April 1, 2010. GIVEN under my hand this 22ndday of March , 2010. Publish once Friday, March 26, 2010 K: \MEASURES \PH NOTICE MEALS TAX INCREASE 2010.DOC Stephanie M. Moon, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, March 26, 2010. Send bill and affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 K: \NOTICES \2010\APRIL \NPH -MEALS TAX INCREASE 2010.DOC RVHA POSITION STATEMENT Proposed meals tax Remarks to the Roanoke City Council April 5, 2010 Good afternoon, and thank you for the opportunity to address the Roanoke City Council. My name is Thomas Becher, and I am speaking on behalf of ' the Roanoke Valley Hospitality Association. The Hospitality Association represents our area's hotels, restaurants and tourism - related businesses — employing thousands of citizens in the City of Roanoke and neighboring communities. I am joined here today by several Roanoke City restaurant owners and hotel managers. I am here to tell you our membership is united in its opposition of the proposed meals tax increase. As concerned residents and local business operators, first and foremost we strongly support quality education for our children. In fact, many of our members' employees live. in . the City of Roanoke and attend City Public Schools. To demonstrate our support of the public schools, this year alone the Roanoke Valley Hospitality Association will provide six $1,000 scholarships to area high school students who are graduating and pursuing a career in hospitality and tourism management. We are truly concerned about the city school system's budget challenges and worry about the effects on our children. But targeting the hospitality and restaurant industry - or any one industry - to resolve a school system challenge is not a fair resolution to the city's budgetary shortfall now - and is, in fact, a misguided solution in the long run. Here's why: • First, raising our prices will mean we lose business to neighboring communities - which ultimately lowers tax revenues for the City and our schools. Purchasing food and beverages is one of the first items that can - and has been - cut from individual, group and corporate budgets. Our industry is concerned that a higher tax rate on our food and beverage sales will stifle positive and growing efforts to attract visitors to our region. It's been said you shouldn't cut off the hand that feeds you. In this case we implore you not to severe the hand that is currently feeding millions of dollars in tax revenues into the city budget. • Second, like many businesses, our local restaurants, hotels, banquet facilities and convenience stores are struggling to maintain profits due to the recession. Why, then, target an industry that is struggling? Additional meals taxes passed onto customers are likely to lead them to purchase food in surrounding communities. Keep in mind, the proposed meals tax for the city would be 7 percent - compared to 4 percent in Roanoke County. That may not seem substantial on the purchase of a sandwich or a family dinner - but what about a wedding reception for 400 people or a convention group of 1,000? Does the city want to risk losing sales tax revenues - and potentially large groups of visitors - to other localities? Put another way, this proposal would amount to a 40 percent tax increase on food and beverage sales. Looking at the bigger picture, then, using a convention as an example, if you include a 5 percent sales tax, 7 percent occupancy tax and now a 7 percent meals tax - that's 19 percent! When meeting planners are looking to Roanoke and figuring on 300 people over three days, that's a significant cost compared to other localities, and could jeopardize our chances to win big meetings. We are becoming one of the highest -taxed communities in which to do business. So while Roanoke would be 7 percent on meals, at the Homestead it's 1 percent. If you were planning a convention, where would you take your business? • Third, the perception of the City Council is that a meals tax will be paid by visitors to the city. In reality, the majority will be paid by our own citizens. This is not a solution to take funds generated by one industry to pay for shortfalls in the school system. If our community is truly concerned about the success of our city school system, shouldn't all city residents then have to pay their fair and equal portion? Why single out one industry? Finally, we have a few questions for you to consider. We have heard this is targeted to be a temporary two -year cap — but what assurances do we have as an industry that this will be the case? In 2002, the hospitality industry voluntarily added a I percent occupancy tax to help increase and improve marketing efforts of the Roanoke Valley Convention & Visitors Bureau. The Council agreed but shortly thereafter capped those funds and subsequently further reduced the marketing budget of the CVB — which helps drive business to our hotels and restaurants. We would like to understand the logic of cutting support to efforts that clearly deliver incremental tax revenues — and then at the same time adding to the tax burden that puts Roanoke in a less competitive environment? After all, there is a distinct correlation between an increase in CVB support and tax revenues. The Roanoke Valley Hospitality Association would like to thank members of city council for their time today and for understanding our position that our industry not be the only. entity taxed to support education shortfalls. These are very challenging times and we ALL are facing the same economic conditions while tying to provide quality hospitality to our guests and employment to residents who serve them. Thank you. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38759 - 040510. AN ORDINANCE authorizing the City Manager to execute a lease agreement with C. Roger Lamm, III, d/b /a Big Lick Pizza Co., for approximately 680 square feet of space in the City Market Building for a month -to -month term, effective April 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on April 5, 2010, pursuant to § §15.2 -1800 and 15.2 -1813, Code of.Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, an agreement with C. Roger Lamm, III, d/b /a Big Lick Pizza Co., for the lease of approximately 680 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia, to be used as a restaurant establishment for a month -to -month term, effective April 1, 2010, not to exceed twelve (12) months, at a rental rate of $1,586.66 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated Apri15, 2010. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A414, -M, o"o I I 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 April 5, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Renewal of Lease for Big Lick Pizza in City Market Building Background: C. Roger Lamm, III, the owner and operator of Big Lick Pizza Co., has requested a lease renewal agreement for approximately 680 square feet of space located in the City Market at 32 Market Square, Roanoke, Virginia 24011, to sell pizza cuisine. The current lease expires March 31, 2010. The new lease term is month to month, not to exceed twelve months, retroactively commencing April 1, 2010. The proposed agreement establishes a base rent of the following: Square Footage Per Square Foot Monthly Rent amount Annual Rent amount 680 $28.00 $1,586.66 $19,040 The Common Area Maintenance fee is $309.00 per month. Honorable Mayor and Members of City Council April S, 2010 Page 2 Recommended Action: Authorize the City Manager to execute a new lease agreement with C. Roger Lamm, III, d /b /a Big Lick Pizza Co., located at 32 Market Square, Roanoke, Virginia 24011, on a month to month basis not to exceed twelve months, retroactively commencing April 1, 2010. All documents shall be approved as to form by the City Attorney. Res tf submitted, C ristopher P. Morrill City Manager CPM /clt c: Stephanie M. Moon, City Clerk William -M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Joshua L. Mabrey, Accountant /Accounts Receivable CM 10 -00048 LEASE Between THE CITY OF ROANOKE and C. Roger Lamm, d /b /a Big Lick Pizza Co. C: \DOCUMENTS AND SETTINGS \EDCI \MY Df CUMWTS \BIG LICK PILZA \2010 WO TO MMN LEASE.DOC LEASE INDEX HEADING PAGE PREMISES 1 TERM 1 BASE RENT; ESCALATIONS 1 COMMON AREA MAINTENANCE 2 LANDLORD OBLIGATIONS 3 TENANT'S OBLIGATIONS 3 USE OF PREMISES 3 EXCLUSIVITY 4 ASSIGNMENT AND SUBLETTING 4 IMPROVEMENTS 4 SURRENDER OF PREMISES 4 INSPECTION 5 INSOLVENCY OR BANKRUPTCY OF TENANT 5 TRANSFER OF LANDLORD'S INTEREST 5 ESTOPPEL CERTIFICATE 5 DAMAGE TO THE PREMISES 6 DEFAULT OF TENANT 6 CONDEMNATION 7 COVENANTS OF LANDLORD 7 NO PARTNERSHIP 7 BROKERS COMMISSION 7 NOTICES 7 HOLDING OVER 7 BENEFIT AND BURDEN 7 GENDER AND NUMBER 7 ENTIRE AGREEMENT 8 C: \DOCUMENTS AND SETTINGS\EDC71 \MV DOCUMENTS\BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC I INVALIDITY OF PARTICULAR PROVISIONS 8 HAZARDOUS SUBSTANCES 8 INSURANCE 9 SECURITY DEPOSIT 9 INDEMNIFICATION 10 COMPLIANCE WITH LAWS AND REGULATIONS 10 FORUM SELECTION AND CHOICE OF LAW 10 FORCE MAJEURE 10 EQUAL EMPLOYMENT OPPORTUNITY 10 DRUG -FREE WORKPLACE 1 1 RULES AND REGULATIONS 11 SIGNAGE 11 GUARANTY 11 LIABILITY OF LANDLORD 12 Exhibit A Floor Plan Exhibit B Common Area Floor Plan Exhibit C Menu Exhibit D Rules and Regulations Exhibit E Sign Regulations Exhibit F Guaranty C: \DOCUMENTS AND SE MNGS%EDCn \MV DOCUMENTS\BIC LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC II LEASE THIS LEASE is made this —__day of _____ ____2010 by and between the CITY OF ROANOKE (hereinafter referred to as "Landlord "), and C. Roger Lamm, III, d /b /a Big Lick Pizza Co. (hereinafter referred to as "Tenant "), WITNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, a section of the building known as the Roanoke City Market Building (herein referred to as the "Building ") located at 32 Market Square, Stalls #114 and #135. Roanoke, Virginia 24011; as is delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises." The Premises consists of approximately 680 square feet of space. 2. TERM The term of this Lease shall commence on April 1, 2010, ( "Commencement Date ") provided that such terms shall not exceed twelve (12) months. Unless written notice is given by the City at lease sixty (60) days prior to the end of the initial term, or any renewal term, by the tenant, this Lease shall automatically renew for another month, except until the twelfth (12) month. Each renewal term shall be upon the same terms and conditions as the prior month, and upon the mutual agreement of the parties. 3. BASE RENT: ESCALATIONS The base rent for each month of the term shall be based on cost per square foot. Tenant shall pay as base rent for the Premises for each month of the Lease accordinq to the followinq schedule: Period Square Per Square Monthly Rent Annual Rent Footage Foot Amount Amount Amount 4/1/10- 680 $28.00 $1,586.66 $19,040 4/30/10 If the Commencement Date is other than the first day of the month, the first month of the Lease term shall be deemed to be extended to include such partial month and the following month, so as to end on the last day of the month. In the event the Commencement Date is other than the first day of a calendar month, the Base Rent ( "Rent ") (as well as the Common Area Maintenance Fee provided hereunder) for the portion of the then current calendar month shall be prorated on the basis of a thirty (30) day month and shall be paid immediately upon the commencement of the Term. On the first anniversary of the Lease, and upon each successive anniversary thereafter, the monthly rent for the next twelve (12) months shall be increased by three percent (3 %) of the previous year's monthly rental. Rent shall be paid monthly. The first monthly payment shall be made at the time of execution of this Lease by the parties; the second and all subsequent monthly payments shall be made on the first day of each and every calendar month during the term. Any monthly payment of rent which is not received by Landlord by the end of the fifth (5th) day of the month shall be assessed a late charge in the amount of five percent (5 %) of such total monthly rent payment. All delinquent C: \DOCUMENTS AND SETTING5\EDC7I \MV DOCUMENTS\BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC rent, and other charges due under this Lease shall accrue interest at a rate equal to the current prime rate, as established by the United States Government, plus two percent (2 %) per month or the maximum amount permitted by law, from the due date of such payment and shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall not be deemed as received if Tenant's payment is not actually collected (such as payment by insufficient funds check). Tenant shall pay rentto Landlord at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other party or at such other address as Landlord may designate from time to time by written notice to Tenant, without demand. Checks shall be made payable to Treasurer, City of Roanoke. 4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as additional rental, Tenant's proportionate share of the costs ( "Common Area Maintenance Fee ") of maintaining, operating, repairing, replacing and insuring the "Common Areas" defined herein. The Common Area Maintenance Fee for this lease will be a flat fee charge of Three Hundred Nine Dollars ($309.00) per month. These fees will increase by three (3%) percent upon each anniversary of this Lease. The term "Common Area Maintenance Fee" includes all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, equipping, policing, lighting, repairing, replacing items in the Building and maintaining the Building. Such costs and expenses will include, but not be limited to, the following: (a) utilities (electric, gas, waste removal, water and sewer charges, storm water charges; individual telephone service is specifically excluded), (b) insurance premiums for public liability and property damage for the Building(excluding Tenant's Premises) (c) maintenance costs of heating, ventilating and air conditioning, (d) insect and rodent treatment, (e) snow and ice removal, -(f) electrical and plumbing repairs in the Common Areas of the Building, (g) management costs and repairs to the structure of Building which includes roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks and curbs, (h) security camera systems, (i) lighting, 0) sanitary control, drainage, collection of rubbish and other refuse, (k) costs to remedy and /or comply with governmental and /or environmental and hazardous waste matters(excluding Tenant's Premises) (1) repair and installation of equipment for energy saving or safety purposes, (m) reserves for future maintenance and repair work (which Tenant hereby authorize Landlord to use as necessary), (n) depreciation on equipment and machinery used in maintenance, costs of personnel required to provide such services, (o) All costs and expenses associated with Landlord's obligation to repair and maintain and such other items of cost and expense which are relatable to proper maintenance of the Building and its Common Areas. The "Common Areas" are defined as all areas and spaces in the Building and equipment in the Building, as further shown on the attached Exhibit B provided by Landlord for common or joint use and benefit of the tenants of the Building, their employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), C %DOCUMENTS AND SETT1NG5\EDCTI \MY DOCUMENTS\BIG LICK PI27AU010 MONTH TO MONTH LEA5E.DOC restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities appurtenant to each of the aforesaid, and any other facilities maintained for the benefit of the Building. Landlord shall have the right to modify the Common Areas from time to time as deemed reasonable by Landlord. 5. LANDLORD'S OBLIGATIONS Landlord hereby agrees to provide and be responsible for the following: (a) make all structural and capital repairs and replacements to items in the Building and to the Common Areas, as defined above, and to maintain the Building and its Common Areas. Structural and capital repairs and replacements are defined as repairs or replacements which include but are not limited to repairs or replacements to the roof, elevators, electrical . wiring, heating and air conditioning systems, toilets, water pipes, gas, plumbing, other electrical fixtures and the exterior and interior walls. Structural and capital repairs to Tenant's Premises are specifically excluded. (b) pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone service specifically excluded) and all other services identified through use of funds from the Common Area Maintenance Fee described above. (c) provide a key to Tenant upon execution of the Lease Agreement, 6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to provide and be responsible for the following, in addition to its other responsibilities pursuant to this Lease. (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term of this Lease, ordinary wear and tear excepted, and not use any part of the Premises or the Common Areas of the Building in a negligent manner. (b) Tenant shall take good care of the Premises, its fixtures, and appurtenances and suffer no waste or injury thereto, and shall pay for all repairs and replacements to the Premises, necessitated by Tenant's actions, whether capital, structural as defined above, or otherwise. (c) Tenant shall surrender the Premises at.the end of the term in as good condition as Tenant obtained the same at the commencement of the term, reasonable wear and tear excepted. (d) Tenant shall operate its business as, described in Section 7 of this Lease. (e) Tenant shall pay rent timely as provided in Section 3 of this Lease. (f) Tenant shall obtain the insurance as required in Section 29 of this Lease. 7. USE OF PREMISES The Premises shall be used forthe purpose of conducting therein the sale of Restaurant serving Pizza cuisine. Tenant covenants and agrees that at all times during the term hereof, Tenant will actively conduct such a business in the Premises, keep the Premises amply stocked with good and fresh merchandise and keep the Premises open for business during the customary business hours of 10:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) of the Building as established or as may be amended by Landlord and (ii) the Premises shall be used only for such purpose. The Building will be closed for the following Holidays or as observed: New Year's C: \DOCUMENTS AND SETTINGS \EDCTI \MY DOCUMENTS\BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC Day, Memorial Day, Labor Day, Thanksgiving Day. and Christmas Day. Nothing herein shall require the City of Roanoke to open the Building outside of the above designated hours. The Premises shall not be used for any other purpose without the written permission of Landlord. Tenant shall not open the Building to the public outside of the customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant serving Pizza cuisine. Landlord and Tenant acknowledge that it is the intent of the parties that current and prospective tenants of the Building not be allowed to market products that would impairthe sales ofthe othertenants of the Building. Accordingly, Landlord agrees not to lease to tenants selling similar food, cuisine or fare as existing tenants of the Market Building, as determined in the sole discretion of the Landlord, or which will in the opinion of the Landlord be inconsistent with the intended uses of the Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that if there is any disagreement over whether any item sold by a tenant is an item sold by another tenant of the Building that would impair Tenant's sales; such dispute shall be determined and resolved in the Landlord's sole discretion. 9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part of the Premises without following the procedures detailed herein and obtaining the prior written consent of Landlord, in Landlord's sole discretion. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent assignment or subletting. In the event that Tenant receives a bona fide written offer from a third party for the sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days to accept or reject such assignment or sublease. 10. IMPROVEMENTS Landlord must approve all alterations, redecorations, or improvements in and to the Premises in writing beforehand. Such alterations, redecorations, additions, or improvements shall conform to all applicable Building Codes of the City of Roanoke, federal and state laws, rules and regulations. 11. SURRENDER OF PREMISES At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the Premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant remove any of the following materials or equipment without Landlord's priorwritten consent: any free standing signs, any powerwiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds .or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), broom cleaned and in good condition and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered to Landlord before surrendering the Premises and shall repair any damage to the Premises caused thereby. Any personal property remaining in the Premises at the expiration of the Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstance have any liability to Tenant therefore. If physical alterations were done by Tenant, Landlord, at its option, may require Tenant to return Premises to its original. condition (condition at occupancy) when Tenant vacates Premises. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of C \DOCUMENTS AND SETTINGS \EDCTI \MY DOCU MENTS\BIG LICK PIZZAVOI D MONTH TO MONTH LEASE.DOC locks or safes in the Premises. If the Premises are not surrendered at the end of the term as herein above set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 12. INSPECTION Tenant will permit Landlord, or its representative, to enter the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and /or repairs as in the judgment of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (120) days of the term of this Lease. 13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating this Lease. Upon such written notice being given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to immediate possession of the Premises and to recover damages from Tenant in accordance with the provisions of Article 17 hereof. 14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its ownership interest in the property, including the Premises, at any time and from time to time and to any person, subject to the terms and conditions of this Lease. All covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(s) thereof or of this Lease during the periods of their ownership thereof. 15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to time, upon not less than ten (10) days' prior notice by Landlord, to execute, acknowledge and deliver to Landlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to which rent, and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease term has commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party contained in this Lease, and if so specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgage of any mortgage affecting the Premises. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's CADOCUMENTS AND SETnNG5\EDCT1 \MY OOCUMENTS\BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC minimum rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease; and (v) no disputes exist. In such event Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant's right of self -help under this Lease, if any, or terminating or declaring a default under this Lease. 16. DAMAGE TO THE PREMISES If the Building or the Premises shall be partially damaged by fire or other cause without the fault or neglect of Tenant, its agents, employees or invitees, Landlord shall diligently and as soon as practicable after such damage occurs repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, Landlord or Tenant, upon written notice to the other, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy, and Rent for such occupied space shall be the total rent divided by the square foot area of the Premises and multiplied by the square foot area that the Tenant is able to occupy. 17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of Rent and /or as required by this Lease, or shall violate or fail to perform any of the other conditions, covenants or agreement on its part contained in this Lease and such failure to pay Rent or such violation or failure shall continue for a period of ten (10) days after the due date of such payment or after written notice of any such violation or failure to perform by Tenant, then and in any of such events this Lease shall, at the option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of such election to Tenant by Landlord, and if such failure to pay rent or such violation or failure shall continue to the date set forth in such notice of termination, then this Lease shall cease and terminate without further notice to quit or of Landlord's intention to re- enter, the same being hereby waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of Virginia, or by such other proceedings, including re -entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from the Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the term of this Lease, Landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available under the circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate actions from time to time, as such damage shall have been made more easily ascertainable by successive relettings, or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of such term. The provisions contained in this paragraph shall not prohibit any claim Landlord may have C: \DOCUMENTS AND SETTNGS\EDCTI \MY DOCUMENTS \BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC against Tenant for anticipatory breach of the unexpired term of this Lease. 18. CONDEMNATION If any part of the Building or a substantial part of the Premises shall be taken or condemned by any governmental authority for any public or quasi - public use or purpose (including sale under threat of such a taking) then the term of this Lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such governmental authority. If less than a substantial part of the common area of the Premises is taken or condemned by any governmental authority for any public or quasi - public use or purpose, the rent shall be equitably adjusted on the date when title vests in such governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no claim against Landlord (or otherwise) for any portion of the amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease. For purposes of this Article 18, a substantial part of the Premises shall be considered to have been taken if more than fifty percent (50 %) of the Premises are unusable by Tenant. 19. COVENANTS OF LANDLORD Landlord covenants that it has the right to make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and perform all of the covenants, terms and conditions of this Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord. 20. NO PARTNERSHIP nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between the Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 21. BROKER'S COMMISSION Tenant represents and warrants that it has incurred no claims or finder's fees in connection with the execution of this Lease. 22. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first -class postage prepaid, (i) if to Landlord at City of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011, Attention: Director of Economic, and (ii) if to Tenant, at 32 Market Square. SE, unless notice of a change of address is given pursuant to the provisions of this Article. 23. HOLDING OVER In the event that Tenant shall not immediately surrender the Premises on the date of expiration of the term hereof, Lease shall automatically renew itself month to month, at twice the Rent rate for the last year of the Lease plus all other charges accruing under this Lease, and subject to all covenants, provisions and conditions herein contained. Landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other action based on holdover. 24. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of their respective representatives, successors and assigns. 25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the [:\DOCUMENTS AND SETTINGS \EDCT1 \MY DOCUMENTS \BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC singular number, in any place or places herein in which the context may require such substitution. 26. ENTIRE AGREEMENT This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. 27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant, and Tenant's use of Premises and any alterations thereto will at all times comply with and conform to all laws, statues, ordinances, rules and regulations of any governmental, quasi - governmental or regulatory authorities ( "Laws ") which relate to the transportation, storage, placement handling, treatment, discharge, generation, removal production or disposal (collectively "Treatment ") of any waste petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB), asbestos, lead -based paint, or other hazardous materials of any kind, and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively "Waste "). Tenant further covenants and warrants that it will not engage in or permit any person or entity to engage in any Treatment of any Waste on or which affects the Premises. Immediately upon receipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any written Notice. "Notice" shall mean any note, notice or report of any suit, proceedings, investigation, order, consent order, injunction, writ, award or action related to or affecting or indicating the Treatment of any Waste in or affecting the Premises. Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord and Landlord's officers, directors, shareholders, employees, agents, partners, and the respective heirs, successors and assigns (collectively "Indemnified Parties") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, loss, costs and expense (including, without limitation all attorney's fees and expenses, court costs, administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising out of: (a) the breach of any representation or undertaking of Tenant under this section or (b) arising out of the Treatment of any waste by Tenant or any licensee, concessionaire, manager or other party occupying or using the Premises. Landlord is given the right, but not the obligation, to inspect and monitor the Premises and Tenant's use of the Premises, including the right to review paperwork associated with Treatment activities in order to confirm Tenant's compliance with the terms of this Section. Landlord may require that Tenant deliver to Landlord concurrent with Tenant's vacating the Premises upon the expiration of this Lease, or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified statement by licensed engineers satisfactory to the Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and C\DOCUMENTS AND SETTINGS%EDCTI \MY DOCUMENTS \BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC any alterations thereto and Tenant's use of the Premises complied and conformed to all Laws relating to the Treatment of any Waste in or affecting the Premises. . Tenant agrees to deliver upon request from Landlord estoppel certificates to Landlord expressly stipulating whether Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the Premises, and whether Tenant has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the Premises, whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the Premises and whether, to the best of the Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession of the Premises to Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire and casualty and workers' compensation policies in amount and in form and content satisfactory to Landlord have been issued by a company or companies satisfactory to Landlord and will be maintained throughout the course of Tenant's work at Tenant's cost and expense and (ii) that Tenant has complied with the comprehensive liability insurance requirements set forth in the following paragraph. Tenant will, at all times commencing on the date of delivery of possession of the Premises to Tenant, at its own cost and expense, carry with a company or companies, satisfactory to Landlord, comprehensive general liability insurance including public liability and property damage, in a form satisfactory to Landlord, on the Premises, with the combined single liability limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence, which insurance shall be written or endorsed so as to protect Landlord, its officers, agents and employees as additional insureds. The Tenant agrees that the above stated limits and coverages are minimum limits and coverages, and that Tenant shall provide such additional insurance as set forth above, in such amounts and against such risk as may be required in the Landlord's sole but reasonable judgment, to equal the amounts and types of coverages carried by prudent owners and operators of properties similar to the Building. Tenant shall increase such limits at its discretion or upon reasonable request of Landlord but not more often than once every year and such increases shall not be in excess of generally accepted standards in the industry. Tenant covenants that certificates of all of the insurance policies required under this Lease, and their renewal or replacement, shall be delivered to Landlord promptly without demand upon the commencement of the term of this Lease and upon each renewal of the insurance. Such policy or policies shall also provide that it shall not be cancelled nor shall there by any change in the scope or amount of coverage of the policy without thirty (30) days prior written notice to Landlord. If same is not provided with ten (10) days after demand, Landlord is authorized to secure such policy from such companies as it deems appropriate and collect from Tenant in such a manner as it deems appropriate the cost of the premium. 30. SECURITY DEPOSIT (a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of the rent in the last month of the Lease with the Landlord before the commencement of this Lease. Such deposit shall be held by Landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants and conditions of the Lease by Tenant to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be C: \DOCUMENTS AND SE7TINGS \EDC71 \MY DOCUMENTS\BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC overdue and unpaid, the Landlord may, at the option of Landlord, appropriate and apply any portion of such deposit to the payment of any such overdue rent or other sum. (b) USE AND RETURN OF DEPOSIT In the event of the failure of Tenant to keep and perform any of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant, then the Landlord at its option may appropriate and apply the entire such deposit, or so much thereof as may be necessary, to compensate the Landlord for loss of damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore such security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Should Tenant comply with all of such terms, covenants and conditions and promptly pay the entire rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, such deposit shall be returned in full to Tenant at the end of the Lease Term or upon the earlier termination of this Lease. 31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and hold Landlord harmless from and against and to reimburse Landlord from any and all liabilities, damages, costs, expenses, including, without limitation, reasonable attorneys' fees, causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Tenant's use of the Premises caused by any act or omission, whether intentional or otherwise, of Tenant or its employees, servants, contractors or agents. 32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will comply with all applicable federal, state and local laws, ordinances and regulations. Tenant acknowledges and agrees that it will dispose of trash and grease in the containers designated by the Landlord for such disposal and not dispose of such substances in a manner that would violate applicable federal, state and local laws, ordinances or regulations. 33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Lease, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 34. FORCE MAIEURE In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault of the party delayed in performing the work or doing acts required under the terms of this Lease, then the time allowed for performance for such act shall be extended by a period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, Common Area Maintenance Fee or any other payments required by the terms of this Lease. . 35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement, Tenant agrees as follows: C: \DOCUMENTS AND SETDNG5\EDCTI\MYDOCUMENTS \81G LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC 10 (a) Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of its business. Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Tenant, in all solicitations or advertisements for employees placed by or on behalf of Tenant, will state that Tenant is an equal opportunity employer. (c) Tenant will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 36. DRUG -FREE WORKPLACE: (a) During the performance of this Agreement, Tenant agrees to (i) provide a drug -free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Tenant that Tenant maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (b) For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. 37. RULES AND REGULATIONS Tenant agrees to comply and adhere to Landlord's rules and regulations concerning the Building as stated in the attached Exhibit "D" attached hereto and made part of this Lease 38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations concerning signage as stated in the attached Exhibit "E" attached hereto and made part of this Lease. 39. GUARANTY By virtue of. entering into this Lease, Tenant agrees to have executed the Guaranty contained in Exhibit "F" attached hereto and made part of this Lease. Such Guarantor(s) shall first be approved by Landlord in writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord upon request. C: \DOCUMENTS AND SETTINGS\EDCTI \MY DOCUMENTS \BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC 11 40. LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers from any damage, compensation or claim arising during the term of this Lease Agreement, from the necessity of repairing any portion of the Building, the interruption in the use of the Premises, accident or damage resulting from the use or operation (Landlord, Tenant, or any other person or persons whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus, orthe termination of this Lease by reason of the destruction of the Premises, or from any fire, robbery, theft, and /or any other casualty, or from any leakage in any part or portion of the Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing work in the Building, or from any other cause whatsoever. Any goods, property or personal effects, stored or placed by Tenant in or about the Premises or Building, shall be at the risk of Tenant, and Landlord shall not in any manner be held responsible therefore. The employees of Landlord are prohibited from receiving any packages or other articles delivered to the Building for Tenant, and if any such employee receives any such package or articles, such employee shall be the agent of the Tenant and not of Landlord. Intentionally Omitted C: \DOCUMENTS AND SETTINGS\EDCn \MY DOCUMENTS\BIG LICK PI22A \2010 MONTH TO MONTH LEASE.DOC 12 LANDLORD: CITY OF ROANOKE ATTEST: Stephanie M. Moon, City Clerk By: (SEAL) Print Name: Christopher P. Morrill Title: City Manager TENANT: Big Lick Pizza Co. By: (SEAL) Print Name: Title: SS #: Approved as to Form: Assistant City Attorney C: \DOCUMENTS AND SETTINGS \EDCTI \MY DOCUMENTS \BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC 13 EXHIBIT A FLOOR PLAN CADOCUMENTS AND 5ETTINMEDCTI \MY DOCUMENTS\BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC 14 .4 11"m 115 I I1 fo i � t D .o s� o`1 6 lo(" EXHIBIT B COMMON AREAS FLOOR PLAN Attach here C: \DOCUMENTS AND SETnNGS\EDCn \MY DOCUMENTS\BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC is � o r y m B �O � � �• i loll I11N3nd Wales •, +! ii �! —' �i errs■ .� I 4AI1 .,... _ �E:•i. � �� _ � aa�a,[:�tQ-[ -. !fie . � I W Lr I I LY V7 j J 3 I eex! 3AN3AV 1130AVD B! i i.,_I LiJ fY n ~I I 141 EXHIBIT C MENU Attach here if Food Court Tenant C. \DOCUMENTS AND SETiNGS\EDCn \MV DOCUMENTS\BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.000 16 CHICO'J, BIG LICK PIZZA 342 -1197 Market Building Downtown Roanoke From the Slice Stand: Cheese slice $1.91 Toppings .10 each Whole Pies and Specialties: Small pizza 9" 4.99 Toppings: .50 each Medium pizza 14" 9.69 Toppings: .75 each Large pizza 18" 12.99 Toppings: 1.00 each Calzone 5.49 Toppings: .50 each Stromboli 5.49 Toppings: .50 each Breadsticks - 4 breadsticks with dipping sauce 1.75 T'1314 t gs: spinich garlic pepperoni broccoli mozzarella sausage tomato cheddar ham mushroom ricotta ground beef onion feta bacon artichoke hearts pineapple green pepper olives Fountain Drinks: Coke products sm .99 med 1.09 lg 1.30 20 ounce Bottled Drinks: 1.06 EXHIBIT D RULES AND REGULATIONS 1. All trash must be kept in a covered container, or if requested by Landlord, in a Dumpster or similar container furnished and serviced at Tenant's expense. 2. Tenant shall keep lights on in show windows, leased food court space and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m. 3. Tenant agrees to handle all deliveries and refuse through the Salem Avenue entrance (if one) of the Premises. 4. No sign shall be permanently affixed to the. plate glass of any window without prior written consent of Landlord. 5. No solicitation material shall be displayed inside the building or affixed to the exterior of the building. 6. Tenant shall keep Premise's, windows and window frames clean (inside and out) at all times and wash them weekly. 7. Tenant shall keep Premises' floors free of trash, chewing gum and other debris, and shall scrub and wax all tile or plastic flooring at least weekly. 8. Tenant is responsible for the replacement of light bulbs in its space 9. Tenant is responsible for the replacement of air - filters and the monthly maintenance of their exhaust fans in its Premises by a licensed contractor on a basis predetermined by the Landlord. 10. Tenant shall be responsible for breaking down and having all cardboard boxes ready for pick up. 11. (Applies only to Food Court Vendors) Providing the availability of space for the purpose of storage, Landlord will allocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food items and paper products. Items must be stored in accordance with Health and Fire codes. No restaurant equipment (unused or in disrepair) is to be stored in the area under any circumstances. Any prohibited items stored in this area will be removed at Tenant's expense. Tenant's not maintaining their own storage space per Health and Fire code requirements will be assessed a $100.00 fee per occurrence. If a Tenant's space is in violation more than three times in a given year, Landlord will rescind Tenant's option to use available space. CADOCUMENTS AND SETTINGS\EDCT1 \MY DOCUMENTS\BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC 17 EXHIBIT E SIGN REGULATION No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on walls, windows, or any part of the outside or the inside of the Building including the directories, in place, number, size, color and style, unless approved by Landlord. If Tenant nevertheless exhibits such sign, advertisement or notice, Landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by Landlord by such removal. Tenant further agrees to maintain such sign, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. Landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high - quality festival marketplace for retail stores or food related businesses, other institutions of like nature, and, upon written notice from Landlord, Tenant shall immediately refrain from and discontinue any such advertisement. CADOCUMENTS AND SE7nNGS\EDCn \MY DOCUMENTS \BIG LICK PIZZA \2010 MONTH TO MONTH LEASEMOC 18 EXHIBIT F GUARANTY PERSONAL GUARANTEE Intentionally Omitted [:\DOCUMENTS AND SETTINGS \EDCTI \MY DOCUMENTS \BIG LICK PIZZA \2010 MONTH TO MONTH LEASE.DOC 19 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- +------------------ - - - - -- OFFICE OF ECONOMIC DEVELOPMENT NOTICE OF PUBLIC 117 CHRUCH AVE _. _� , ,. , J PM ' 0E' CITY !;� "`{r �' r � .: i Nty ROANOKE VA 24011 The City of Roanoke of Roanoke proposes tojease, i approximately 680 square ' feet of City -owned property j located in the Rpanoke City Market Building at 32 REFERENCE: 80084300 I Market Squae, i, oanoke, Virginia, 24011,16 .Roger 12027570 NPH -Big Lick Pizza C Lamm, III, dba ' Big Lick Pizza Co.,tobeusedasa restaurant establishment,- State of Virginia ( on a month to month basis beginning April 1,.2010; City of Roanoke such terms not to exceed one year. Pursuant to the I, (the undersigned) an authorized representative I requirements of §§15.2 -1800 and of the Times -world Corporation, which corporation I 15.2 -1813, Code of Virginia (1950) as amended, notice is publisher. of the Roanoke Times, a daily is hereby given that the City Council of the City of newspaper published in Roanoke, ' in the State of I Roanoke will hold a public hearing on the above Virginia, do certify that the annexed notice was matter at its regular meeting to beheld on published in said newspapers on the following + Monday, April 5, , commencing at 2:00 p.m., p.m., dates • I in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City;of Roanoke at (540) City /County of Roanoke, Commonwealth /State of I 853 -2541. Citizens shall have the Via. Sworn and subscribed before me this I opportunity to be heard and day of MAR 010. witness my hand and I express their opinions on said matter. official seal. (disability If you are a person with a who needs I accommodations for this hearing, Please contact the ' - -� _ Notary Public — -- City Clerk's Office at (540) 853 -2541, before 12:2: 00 noon on Thursday, April 1, 2010. GIVEN under my hand this. 15th day of March, 2010. `�tl ► %f`� / / /// I /p/ STEPHANIE M. MOON CLERK I ' � (12027570) PUBLISHED ON: 03/26 f++,. s C -- r ; REG, #7090930 a MY COMMISSION 10 P1 E 3�� ,��, •0.v � / F 0 v TOTAL COST: 196.56 °<o; ALin 'reaaaat�►e FILED ON: 03/26/10 -------------------------------------------------- +------------------ - - - - -- Authorized 1.1�- r Signature:_ 1A &A._ __ _ _ / Billing Services Representative V)(- NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 680 square feet of City - owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia, 24011, to C. Roger Lamm, III, dba Big Lick Pizza Co., to be used as a restaurant establishment, on a month to month basis beginning April 1, 2010, such terms not to exceed one year. Pursuant to the requirements of § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, April 5, 2010, commencing at 2:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If-you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, April 1, 2010. GIVEN under my hand this 15thday of March 2010. STEPHANIE M. MOON CLERK Notice to Publisher: Publish in the Roanoke Times once on Friday, March 26, 2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 Send Bill to: Economic Development Administrator 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853 -2715 Daniel D. Miles, P. E. Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Miles: I am enclosing copy of Resolution No. 38760 - 040510 approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2010 -2011, in the amount of $9,823,390.00. - The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 2010. Sincerely, � OWN Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Becky Meador, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street Vinton, Virginia 24179 Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget L: \CLERK\DATA \CKSMIWgenda Correspondence\April 5, 2009.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 85.3 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk April 7, 2010 Daniel D. Miles, P. E. Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Miles: I am enclosing copy of Resolution No. 38760 - 040510 approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2010 -2011, in the amount of $9,823,390.00. - The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 2010. Sincerely, � OWN Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Becky Meador, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street Vinton, Virginia 24179 Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget L: \CLERK\DATA \CKSMIWgenda Correspondence\April 5, 2009.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of April, 2010. No. 38760 - 040510. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2010 -2011, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2010 -2011, in the amount of $9,823,390 is hereby approved, all as more particularly set forth in a letter to the City Manager dated March 25, 2010, from Daniel D. Miles, P.E., Chief Executive Officer of the Roanoke Valley Resource Authority, copies of which have been provided to Council. R -RVRA budget.201 I.doc ATTEST: 44"y'n � IrN106-A) City Clerk. ROANOKE VALLEY RESOURCE AUTHORrIT March 25, 2010 Mr. Christopher P. Morrill, City Manager City of Roanoke 215 Church Avenue, S.W. Noel C. Taylor Building, Room 364 Roanoke, VA 24011 :5 Dear Mr. rri11: On March 24, 2010, the Roanoke Valley Resource Authority approved its FY 2010/2011 annual budget. The balanced budget totals $9,823,390 and represents a decrease of 5.6% from the current FY 2009/2010 budget with no increases in our general tipping fee rates for the eighth consecutive year. A copy of the budget is attached. The Resource Authority strives to provide the most cost - effective solid waste disposal services possible in a fiscally and environmentally responsible manner while maintaining our contractual obligations and high quality services to the Roanoke Valley. This budget is a reflection of those efforts. In accordance with our "Member Use Agreement," the Authority's 2010/2011 annual budget has been submitted to Ms. Stephanie Moon, City Clerk, with a request for the City Council's approval. It is my understanding Ms. Moon has scheduled this item to be on the City Council's agenda for the 2:00 p.m. session on April 5, 2010. Please let me know if you have any questions regarding the Authority's budget or if you would like to meet with me to discuss this issue prior to addressing the City Council. The Resource Authority is committed to serving the residents and businesses of the City of Roanoke as a Charter Member and we look forward to serving you. z y, Daniel D. Miles, P.E. Chief Executive Officer Attachments 1020 Hollins Road, NE Roanoke, Virginia 24012 -8011 (540) 857 -5050 Fax (540) 857 -5056 Web Site: www.rvra.net March 25, 2010 Ms. Stephanie M. Moon City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenue, SW Roanoke, VA 24011 -1536 Dear Ms. Moon: ROANOKE VALLEY RESOURCE AUTHORITY In accordance with our "Members Use Agreement," the Resource Authority is submitting its FY 2010 -2011 annual budget to the City Council for approval. Enclosed are copies of the FY 2010 -2011 budget for each member of the City Council. A copy of the budget and the attached letter has been sent separately to Mr. Morrill. It is my understanding that the approval of our budget is scheduled for action by the City Council on April 5, 2010 at 2:00 p.m. If you have any questions, need additional copies of the budget, or need to reschedule our placement on the Council's agenda, please let me know. Your help with this matter is appreciated. Sinc el , Daniel D. Miles, P.E. Chief Executive Officer c: Bob Bengtson Attachments 1020 Hollins Road, NE Roanoke, Virginia 24012 -8011 (540) 857 -5050 Fax (540) 857 -5056 Web Site: www.rvra.net 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 April 5, 2010 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: I would like to sponsor a request from Daniel D. Miles, Chief Executive Officer of the Roanoke Valley Resource Authority, for City Council to approve its Fiscal Year 2010-2011 annual box. submitted, Gh-ristopher P. Morrill City Manager CPM:jb c: City Attorney Director of Finance City Clerk ROANOK E VALLEY RESOURCE AUTHORITY ITY 2010-11 'IDDUDGE Roanoke Valley Resource Authority TabIE Budget Summary Revenues Expenses Personnel Operating Capital Reserves Bond /Budget Comparison Tipping Fees Breakdown Rutrough Road Landfill Appendix Resolutions Roanoke Valley Resource Authority Roanoke Valley Resource Authority SU /jrMAIi Y REVENUE 2010 -2011 Disposal Fees $ 7,786,670 Interest Income $ 200,000 Transfer from Contingency Reserve Fund $ 1,629,080 Sale of Recyclable Material $ 44,640 Miscellaneous $ 38,000 Transfer - Rutrough Road $ 125,000 Total $ 9,823,390 EXPENSES Personnel $ 1,818,943 Operating $ 3,907,661 Capital $ 15,000 Transfer to Reserves $ 1,310,000 Debt Service $ 2,771,786 Total $ 9,823,390 DISPOSAL FEES Municipal Per Ton $45 Private Per Ton $55 2010 -2011 BUDGET I Roanoke Valley Resource Authority A�J \I \I \ WMI 2005 -06 2006 -07 2007 -08 2008 -09 2009 -10 2010 -2011 Disposal Fees $ 7,255,240 $ 7,401,700 $ 7,821,500 $ 7,956,260 $ 7,964,100 $ 7,786,670 Interest Income $ 371,340 $ 482,720 $ 557,720 $ 657,720 $ 336,000 $ 200,000 Transfer from Contingency $ 860,885 $ 783,555 $ 926,499 $ 1,714,635 $ 2,053,044 $ 1,629,080 Reserve Fund $ 1,710,000 $ 1,310,000 Debt Service $ 2,771,125 $ 2,757,319 $ 2,755,504 $ 2,759,939 $ 2,764,146 Sale of Recyclable $ 24,000 $ 26,000 $ 22,000 $ 22,000 $ 12,700 $ 44,640 Material Miscellaneous $ 28,000 $ 28,000 $ 26,000 $ 24,000 $ 44,260 $ 38,000 Transfer - Rutrough Road $ 67,205 $ 68,065 $ - $ - $ - $ 125,000 TOTAL $ 8,606,670 $ 8,790,040 $ 9,353,719 $10,374,615 $10,410,104 $ 9,823,390 ►►W, Personnel $ 1,581,987 $ 1,618,535 $ 1,601,810 $ 1,711,620 $ 1,775,973 $ 1,818,943 Operating $ 3,078,558 $ 3,251,186 $ 3,581,905 $ 4,073,056 $ 4,159,985 $ 3,907,661 Capital $ 15,000 $ 3,000 $ 4,500 $ 120,000 $ - $ 15,000 Transfer to Reserves $ 1,160,000 $ 1,160,000 $ 1,410,000 $ 1,710,000 $ 1,710,000 $ 1,310,000 Debt Service $ 2,771,125 $ 2,757,319 $ 2,755,504 $ 2,759,939 $ 2,764,146 $ 2,771,786 TOTAL $ 8,606,670 $ 8,790,040 $ 9,353,719 $10,374,615 $10,410,104 $ 9,823,390 DISPOSAL FEES Municipal $ per ton 45 45 45 45 45 45 Private $ per ton 55 55 55 55 55 55 % INCREASE -0.3% 2.1% 6.4% 10.9% 0.3% -5.6% in expenses 2010 -2011 BUDGET 2 Roanoke Valley Resource Authority Roanoke Valley Resource Authority IRE VEli UES CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 493 Total Tipping Fees $7,964,100 $ 7,786,670 Based on tonnage receipts of : 161,220 Municipal 92,860 tons $ 4,134,000 Commercial 33,200 tons $ 1,806,600 Private 26,160 tons $ 1,416,400 Residential 9,000 tons $ 429,670 Total $ 7,786,670 401 Interest Income $ 336,000 $ 200,000 Debt Service Reserve Fund $ 100,000 Operating & Other Reserve $ 100,000 956 Transfer from Contingency $ 2,053,044 $ 1,629,080 Funds available from Contingency Reserve Reserve Fund 460 Sale of Recyclable $ 12,700 $ 44,640 Sale of Recyclable Scrap Material Metal & Miscellaneous 459 Miscellaneous Private $ 44,260 $ 38,000 Mulch Sales Revenue 976 Transfer from $ - $ 125,000 Transfer to operating budget Rutrough Road Fund for administrative Services TOTAL REVENUE $10,410,104 $ 9,823,390 2010 -2011 BUDGET TIPPING FEES CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 451 City of Roanoke $2,178,950 $ 2,154,200 Municipal Waste 45,000 tons @ 45 $ 2,025,000 Wood Waste 3,400 tons @ 35 $ 119,000 Tires 30 tons @ 140 $ 4,200 1,200 mixed @ 5 $ 6,000 City of Roanoke Total $ 2,154,200 452 County of Roanoke $1,872,800 $1,808,000 Municipal Waste 38,000 tons @ 45 $1,710,000 Wood Waste 2,500 tons @ 35 $ 87,500 Tires 50 tons @ 140 $ 7,000 700 mixed @ 5 $ 3,500 County of Roanoke Total $ 1,808,000 453 Town of Vinton $169,900 $ 171,800 Municipal Waste 3,600 tons @ 45 $ 162,000 Wood Waste 280 tons @ 35 $ 9,800 Tires - tons @ 140 $ - - mixed @ 5 $ - Town of Vinton Total $ 171,800 458 Commercial $1,757,980 $1,806,600 Commercial Waste 32,200 tons @ 55 $1,771,000 Wood Waste 1,000 tons @ 35 $ 35,000 Tires - tons @ 140 $ - 120 mixed @ 5 $ 600 Commercial Total $ 1,806,600 4a 2010 -2011 BUDGET TIEPPING FEES CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 459 Private $1,554,800 $1,416,400 Private Waste 24,000 tons Q 55 $1,320,000 Wood Waste 2,000 tons Q 35 $ 70,000 Tires 160 tons Q 140 $ 22,400 800 mixed ® 5 $ 4,000 Private Total $ 1,416,400 463 Residential $429,670 $ 429,670 Residential Waste Based on Uniform Disposal Allocation City of Roanoke $ 204,093 County of Roanoke $ 204,093 Town of Vinton $ 21,484 Household 7,300 Tons Wood waste 1,700 Tons Tires 1,500 Tires Residential Total $ 429,670 TOTAL TIPPING FEES $7,964,100 $ 7,786,670 2010 -2011 BUDGET 3b Roanoke Valley Resource Authority Roanoke Valley Resource Authority CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 1010 Salaries $1,155,495 $1,161,326 Salaries for 29 employees 1015 Overtime $55,000 $55,000 Extra work required on Saturdays & Holidays 1020 Part - time $24,500 $24,500 Operations, Buildings, and Grounds Maintenance 1116 Supplements $10,000 $10,000 Outstanding performance recognition 2100 F.I.C.A. $94,477 $94,923 7.65 % of salaries, overtime, part time 2200 Retirement - VRS $145,902 $157,893 15.05 % of salaries 26 employees $ 1,049,126 2204 Retirement - City $18,803 $17,301 15.42 % of salaries 3 employees $ 112,200 2202 Deferred Comp. Match $18,850 $18,850 $25 per pay period 29 employees 2300 Hospitalization $166,164 $193,576 29 participating employees 10.0% single 18 $415 per month $ 98,594 sing +1 1 $427 per month $ 5,641 em &sp 5 $591 per month $ 38,980 family 5 $689 per month $ 45,441 includes 2 retirees Employees Share $ 4,920 2310 Dental $7,540 $7,946 29 participating employees Q $274/ month 2400 Life Insurance - VRS $8,527 $8,603 0.82 % of salaries 26 employees $1,049,126 2401 Life Insurance - City $948 $920 0.82 % of salaries 3 employees $ 112,200 2500 Short Term Disability Ins. $2,000 $3,000 RVRA pays 100% $3,000 2510 Long Term Disability Ins. $3,235 $3,252 0.56% salaries RVRA pays 50% $3,252 2700 Workers' Comp. Ins. $42,500 $40,000 Workers' Comp. Insurance 29 employees 2750 Retirement Health Insurance Credit $3,224 $3,252 0.31 % of salaries 26 employees $1,049,126 2810 Cash -in FLP $0 $6,000 Flexible Leave pay out 2830 Employee Benefits $8,808 $2,600 Retiree Health Insurance 2800 Termination Pay $10,000 $10,000 Annual and sick leave payments TOTAL PERSONNEL $1,775,973 $1,818,943 2010 -2011 BUDGET Roanoke Valley Resource Authority PERSONNEL POSITION # GRADE CURRENT PAY RANGE CEO 1 U Unclassified Operations Manager 1 35 $ 61,693 to $ 91,673 Environmental & Safety Manager 1 33 $ 55,957 to $ 83,149 Operations Supervisor 2 24 $ 36,070 to $ 53,598 Administrative Assistant 1 24 $ 36,070 to $ 53,598 Accountant 1 25 $ 37,874 to $ 56,279 Senior Equipment Operator 2 21 $ 31,159 to $ 46,301 Motor Equipment Operator II 14 19 $ 28,262 to $ 41,996 Building Maintenance Mechanic 1 19 $ 28,262 to $ 41,996 Motor Equipment Mechanic 1 19 $ 28,262 to $ 41,996 Administrative Secretary 2 17 $ 25,635 to $ 38,092 Scale Operator 1 16 $ 24,414 to $ 36,278 Scale Operator/ Office Assistant 0 16 $ 24,414 to $ 36,278 Laborer/ Operator 1 13 $ 21,090 to $ 31,339 TOTAL SALARIES Adjustments: Market Performance TOTAL ADJUSTED SALARIES 9 0.0% 0.0% mid -point $ 1,200,991 Reclass(s) Total c $ 1,158,972 6/30/2010 $ $ 2,354 $ $ 2,354 $ 1,161,326 2010 - 2011 BUDGET Roanoke Valley Resource Authority Roanoke Valley Resource Authority ��E-ATING CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 3004 Medical Exams $ 1,000 $ 1,000 Physical exams for new employees; drug and alcohol random testing 3007 Contract Services $ 377,950 $ 251,330 Employee Assistance Program: $15.50 @ x 29 employees $ 450 Groundwater Monitoring *Drinking Water Sampling 24 @ $585 $ 14,040 *Monitoring Wells 6 wells; 2 events/ year $18,000 /event = $ 36,000 Norfolk Southern Rail Inspections $ 1,000 Stormwater Discharge *Permit Sampling 1 samples x $2,500 $ 2,500 Gas Monitoring Quarterly @ $750 $ 3,000 Clean Valley Council 12 months $ 51,000 Landscaping $240 /month $ 2,880 Tire Disposal - 500 Tons @ $96.00 + Fuel Surcharge $ 58,000 Copier Rental $622/ month $ 7,460 HHW Disposal $ 75,000 3011 Janitorial Service $ 18,204 $ 18,204 Services for all Facilities $1,517 /month $ 18,204 3012 Exterminating Services $ 1,728 $ 1,728 T.S. - $76/ month $ 912 S.G. - $68 /month $ 816 Arbitrage Testing $ - 3013 Professional Services $ 75,100 $ 74,400 Auditing Services $ 12,000 Legal Services $ 47,000 Engineering Services $ 7,000 Software support $ 2,400 Outside Legal $ 4,000 Leachate sampling $ 2,000 3029 Municipal Waste $ 2,004,820 $1,919,220 Norfolk Southern 150,100 58 tons /car = 2,588 12.0% increase (rail) 1,800 cars: $797 /car $ 1,434,600 788 cars: $615 /car $ 484,620 Total $ 1,919,220 2010 -2011 BUDGET Roanoke Valley Resource Authority CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 3030 Waste Water Freight $ 124,640 $ 92,250 Leachate Cars 150 Cars ® $615 $ 92,250 3035 Stone Car Freight Charge $ 13,100 $ 12,340 Stone Cars 20 Cars Q $617 $ 12,340 3101 Temporary Help $ - $ - Buildings and grounds maintenance 3202 Repairs/ Office Equipment $ 1,000 $ 1,000 Maintenance and repairs to office equipment 3204 Repairs to Vehicles $ 4,000 $ 5,000 Maintenance and repairs to all road vehicles 3206 Repairs to Data $ 3,500 $ 3,600 Maintenance and repairs to Processing I all data processing equipment 3208 Repairs to Buildings $ 100,000 $ 100,000 Maintenance and repairs to all buildings and Grounds and property; pump stations, septic tanks. 3209 Repairs to Other $ 170,000 $ 170,000 Construction Equipment Equipment Off Road Vehicles $ 135,000 Tipper $ 10,000 Railcars $ 5,000 Miscellaneous Equipment $ 20,000 Tub Grinder, Seeder, etc. 3530 Printed Forms $ 3,000 $ 3,000 Letterhead, envelopes, cards, scale tickets repair orders, purchasing forms includes General Counsel 3610 Advertising $ 2,500 $ 2,500 Personnel, RFP, bids, public hearings, etc. 3620 Public Information $ 2,500 $ 2,500 Handouts $ 1,100 User Brochures $ 300 HHW Brochures $ 600 Miscellaneous $ 500 2010 -2011 BUDGET Roanoke Valley Resource Authority CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 3625 Promotional Articles $ 1,000 $ 1,000 Recycling handouts, pens, pencils, miscellaneous items 3630 Special Events $ 2,500 $ 2,500 Annual Employee Functions & Customer Appreciation Da 4600 Central Services $ 49,500 $ 49,500 Administrative services, Roanoke County /Roanoke City for data processing, accounting, miscellaneous 5110 Utilities - Electricity $ 51,500 $ 61,000 Transfer Station . $2,083 /month $ 25,000 Smith Gap Landfill $3,000 /month $ 36,000 5121 Utilities - Heat - Fuel $ 31,500 $ 34,000 Transfer Station Natural Gas $ 6,500 Smith Gap Landfill Propane Gas $ 27,500 5141 Water Service - Transfer $ 4,500 $ 5,500 Water & Sewer Service for Transfer Station Station 5142 Sewer Service - Transfer $ 12,500 $ 12,500 Sewer Service Station Leachate - Smith Gap $ 12,500 5210 Postage $ 4,000 $ 4,000 Postage for all mailings and correspondence, postage meter rent, includes General Counsel 5230 Telephone $ 5,700 $ 5,700 Telephone service to both facilities, rental of lines & equipment, long distance calls, fax lines, includes General Counsel 5235 Cell Phones $ 3,800 $ 3,800 Service for cell phones 2010 -2011 BUDGET Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 5302 Property Insurance -Fire $ 43,000 $ 43,000 Coverage for all buildings, contents, and equipment 5305 Motor Vehicle Insurance $ 9,700 $ 9,800 Insurance for on -road vehicles 5307 Public Officials Insurance $ 500 $ 500 Insurance through VML or VACO pools 5308 General Liability Ins. $ 9,600 $ 10,500 Coverage for all facilities & property 5410 Rent of Equipment $ 5,280 $ 5,280 Rental of Miscellaneous Equipment Heavy Equipment Emergency Equipment 5501 Travel - Mileage $ 500 $ 500 Use of personal vehicles for RVRA business, staff, and Board Members 5503 Travel - Lodging $ 3,500 $ 5,000 Out of town conference lodging, SWANA, VML, legal conferences, including meals 5504 Conference $ 2,000 $ 2,000 Conference registrations; SWANA, VML, legal conferences 5520 Dinner Meetings - $ 3,000 $ 3,000 Monthly Board meetings, dinners, and Luncheons luncheons associated with RVRA 5540 Training & Education $ 2,000 $ 2,000 Operator training for hazardous materials, certification, miscellaneous 5601 Contributions $ 402,000 $ 402,000 Payments per contract to: Roanoke County $ 300,000 Roanoke City $ 100,000 Volunteer fire and rescue $ 2,000 2010 -2011 BUDGET of Roanoke Valley Resource Authority ��� -ATIN G CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 5801 Dues $ 1,000 $ 1,000 Professional & Association dues: SWANA, SWVSWMA, & IAAP Returned check fees and misc. fees 5815 Warrants and Fees $ 21,200 $ 21,200 DEQ annual fee — $20,000 Returned check fees $1,200 5823 Employee Recognition $ 6,000 $ 6,000 Awards and Certificates 5850 Miscellaneous Operating $ - $ - No programs planned 6010 Office Supplies $ 5,000 $ 5,000 Office paper, pens, pencils, folders, etc. 6011 Photocopies $ 400 $ 400 Miscellaneous Photocopies 6013 Small Equipment & $ 14,000 $ 14,000 Small items of office and shop equipment Supplies and supplies, tools, miscellaneous 6040 Medical Supplies $ - $ - Moved to Safety Equipment Fund 6050 Janitorial Supplies $ 1,500 $ 1,500 Supplies for general cleaning & sanitation 6071 Radio Parts $ 4,200 $ 3,500 Communications Equipment 6080 Gas, Oil, Grease $ 350,000 $ 310,000 Fuel for all equipment and vehicles, includes oil, lubricants 6091 Tires, Tubes, Parts $ 60,000 $ 70,000 Replacement and maintenance parts and supplies for all equipment and vehicles 6130 Uniform and Wearing $ 16,000 $ 18,000 Safety Shoes - 24 employees $ 3,200 Apparel Rain gear, shirts, hats, misc. $ 2,600 Rental of uniforms - 24 $ 12,000 mats & towels $ 200 2010 -2011 BUDGET 10 Roanoke Valley Resource Authority CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 6202 Subscriptions $ 200 $ 200 Professional magazines and manuals 6203 Books $ 200 $ 200 Miscellaneous books and manuals 6211 Code Books $ - $ - Miscellaneous legal code books 6501 Other Operating Supplies $ 25,000 $ 35,000 Disinfectants, deodorizers, salt for roads, gravel and stone for roads, seed, mulch fertilizers and lime for seeding slopes, fill areas and other areas, miscellaneous office supplies 6503 Fire Equipment and Supplies $ 1,200 $ 1,200 Fire hoses & extinguishers replacements & and for annual inspections for both facilities 6510 Safety Equipment and Medical Supplies $ 2,000 $ 4,000 Replace AED's 9670 Unappropriated Balance $ 101,463 $ 95,309 For unexpected expenditures 2.5% TOTAL OPERATING $ 4,159,985 $ 3,907,661 2010 -2011 BUDGET 11 Roanoke Valley Resource Authority Roanoke Valley Resource Authority CAPITAL CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 8101 Machinery & Equipment New $ - $ 8102 Machinery & Equipment Replacement $ - $ - 8201 Furniture, Office Equipment New $ - $ - 8202 Furniture, Office Equipment Replacement $ - $ - 8302 Communications Equipment Replacement $ - $ - 8402 Small Capital Outlay Replacement $ - 8701 Technology Equipment - New $ - $ 15,000 Audio Visual Upgrade to Board Room 8702 Data Processing Equipment Replacement $ - $ - 8902 New Building $ 120,000 $ - TOTAL CAPITAL $ - $ 15,000 2010 -2011 BUDGET Roanoke Valley Resource Authority Roanoke Valley Resource Authority i�, i 91911111 i CODE DESCRIPTION BALANCE DEPOSIT EXPENSE BALANCE JUSTIFICATION 7/1/2010 FY10 -11 FY10 -11 06/30/11 924500 Landfill Closure $ 4,791,646 $ 400,000 $ - $ 5,191,646 As required by Bond Indenture, State and Federal regulations to close Smith Gap landfill. 925010 Equipment $ 169,401 $ 600,000 $ 345,000 $ 424,401 For replacement of Reserve Fund equipment per equipment replacement schedule. 925020 Environmental $ 500,000 $ - $ - $ 500,000 Groundwater Contingency Fund protection fund per local permit. 925030 Landfill Host $ 138,000 $ 10,000 $ - $ 148,000 As per local permit. Community There are no planned Improvement Fund expenditures. 925040 Property Value $ 443,193 $ - $ - $ 443,193 As per local permit. Protection Current fund is adequate based on anticipated sales. 925050 Future Site $ 651,396 $ 100,000 $ - $ 751,396 For future construction Development of the landfill No planned expenditures 925060 Landfill Interim & $ 244,000 $ - $ - $ 244,000 For development of Post Development unused portions of Smith Gap property for recreation. 925065 Capital $ 438,644 $ 200,000 $ 275,000 $ 363,644 For maintenance and Improvement improvements to the Fund facilities. Transfer Station Floor & Fire System line repair TOTAL RESERVE $7,376,280 $1,310,000 $ 620,000 $ 8,066,280 FUNDS 2010 -2011 BUDGET 1 n Roanoke Valley Resource Authority Roanoke Valley Resource Authority CATEGORY BOND CURRENT FY2010 -11 PROJECTION BUDGET BUDGET WASTE GENERATION (Tons) Solid Waste Generated Residential Waste 84,300 93,500 101,860 Commercial Waste 111,700 54,650 59,360 Less: Additional Source Recycling Residential Waste (5,200) 0 - Commercial Waste (7,000) 0 - Solid Waste to the System 183,800 151,150 161,220 OPERATING REVENUES Tipping Fee Revenue Requirement $ 13,759,000 $ 7,964,100 $ 7,786,670 Interest Income $ 1,259,000 $ 336,000 $ 200,000 Recycling Income $ - $ 56,960 $ 82,640 Transfer from Contingency Reserve Fund $ - $ 2,053,044 $ 1,629,080 Other Income $ - $ 125,000 Total Operating Revenues $ 15,018,000 $ 10,410,104 $ 9,823,390 OPERATING EXPENSES Landfill and Transfer Station $ 5,368,000 $ 3,343,398 $ 3,317,794 Rail Expenses $ 3,077,000 $ 2,192,560 $ 2,023,810 Total Operating Expenses $ 8,445,000 $ 5,535,958 $ 5,341,604 NET REVENUE AVAILABLE for DEBT SERVICE $ 6,573,000 $ 4,874,146 $ 4,481,786 DEBT SERVICE $ 3,588,000 $ 2,764,146 $ 2,771,786 DEPOSITS TO RESERVE ACCOUNTS Closure Fund $ 500,000 600,000 400,000 Renewal and Replacement Funds Equipment Reserves $ 700,000 600,000 600,000 Environmental Contingency Fund $ 130,000 - - Host Community Improvement $ 10,000 10,000 10,000 Property Value Protection $ - - - Total Deposits to R & R Fund $ 840,000 $ 610,000 $ 610,000 HOST FEES $ 400,000 $ 400,000 $ 400,000 EXCESS REVENUES $ 1,245,000 $ 500,000 $ 300,000 INDENTURE COVERAGE TEST (.10 minimum) 0.3470 0.1809 0.1082 ADDITIONAL DEPOSITS TO RESERVES Further Site Development $ 920,000 $ 300,000 $ 100,000 Interim and Post Development $ 25,000 $ - $ - Recycling $ 200,000 $ - $ - Capital Improvement Fund $ - 200,000 200,000 Total Additional Deposits to Reserves $ 1,145,000 $ 500,000 $ 300,000 SOLID WASTE TIPPING FEES ($ /ton) Residential (Municipal) $ 72.00 $ 45.00 $ 45.00 Commercial $ 77.00 $ 55.00 $ 55.00 2010 -2011 BUDGET 14 Roanoke Valley Resource Authority Roanoke Valley Resource Authority NOTES: CATEGORY LANDFILL TRANSFER TRANSPORT TOTAL PERCENT OPERATIONS 22.20 10.93 12.55 45.69 62% DEBT SERVICE 7.56 3.95 5.67 17.19 23% DEPOSITS AND RESERVES 9.44 1.17 0.00 10.61 14% TOTAL 39.20 16.05 18.23 73.48 100% PERCENTAGE 53% 22% 25% 100% Operations costs are estimated to be 67% landfill and 33% transfer station. $ 5,341,604 Rail operating costs $ 2,023,810 Debt service based on construction costs: 44% landfill, 23% transfer, 33% rail. $ 2,771,786 Deposits allocated as 89% landfill, 11% transfer (includes host fees). $ 1,710,000 Based on receiving a total of 161,220 tons *Additional revenue other than tipping fees allows total to be reduced to the proposed rates of: Municipal $ 45.00 per ton Commercial $ 55.00 per ton 2010 -2011 BUDGET 15 Roanoke Valley Resource Authority ' Roanoke Valley Resource Authority RUTIROUG H[ 'GOAD CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION Beginning Balance July 1, 2009 $ 4,901,082 $ 4,613,092 Anticipated Balance July 1, 2010 Expenditures - Budgeted $ 365,300 $ 652,400 All Post Closure Care Activities Interest $ 77,310 $ 40,000 Estimated Interest Income from Investments ESTIMATED BALANCE $ 4,613,092 $ 4,000,692 2010 -2011 BUDGET 16 IRoanoke Valley Resource Authority RUTR®UGH ROAD CODE DESCRIPTION FY09 -10 FY10 -11 JUSTIFICATION 3007 Contract Services $ 90,800 $ 122,400 Groundwater Monitoring Lab Analysis - 2 Events $ 40,000 Gas Monitoring Quarterly $1500 /Event $ 6,000 Gas Extraction System $ 14,400 Monitoring Cap Maintenance $ 30,000 Miscellaneous Seeding, Grading, E & S Control Care Air Emissions $ 7,000 Corrective Action $ 25,000 Plan 3013 Professional Services $ 66,000 $ 86,000 Engineering Services Groundwater Sampling 2 Events @ $18,000 $ 36,000 Groundwater Assessment $ 30,000 Program Miscellaneous $ 10,000 Legal Services $ 10,000 3208 Repair and Maintenance $ 200,000 $ 310,000 Disposal of Leachate $ 300,000 Road Maintenance Stone $ 10,000 5110 Utilities - Electricity $ 6,000 $ 6,500 Electric Service for Blower /Flare Station 5230 Telephone $ - $ - Included in Internal Services 5815 Warrants & Fees $ 500 $ 500 DEQ Annual Fee 5850 Miscellaneous $ 2,000 $ 2,000 Advertisement and Bottled Gas. 6302 Property Insurance $ - $ - Coverage for Flare Station and Associated Equipment 8101 Machinery & Equipment $ - $ - 9808 Transfer to RVRA $ - $ 125,000 Operations TOTAL $ 365,300 $ 652,400 2010 -2011 BUDGET 17 2010 -2011 BUDGET ' RESOLUTION OF THE ROANOKE VALLEY RESOURCE AUTHORITY Adopted this 24th day of March 2010 ' RA #2010 -552 ' A RESOLUTION approving the Authority's annual budget for fiscal year 2010 -2011 and authorizing submittal of such budget to the governing bodies of the Charter Member Users for approval. BE IT RESOLVED by the Roanoke Valley Resource Authority that: 1. The fiscal year 2010 -2011 Annual Budget for the Roanoke Valley Resource Authority as set forth in the report and accompanying attachments by the Chief Executive Officer dated March 24, 2010, and submitted to this Board is hereby approved; and, 2. The Authority Chair is authorized on behalf of the Authority to submit the fiscal year 2010 -2011 annual budget and related documents to the governing bodies of the Charter Member Users, being the County of Roanoke, the City of Roanoke, and the Town of Vinton, for approval in accordance with the requirements of the Roanoke Valley Resource Authority Members Use Agreement, dated October 23, 1991, as amended. On motion of Ms. Snyder, seconded by Mr. Bengtson, and carried by the following recorded roll call vote: AYES: Mr. Bengtson, Ms. Green, Mr. Kennedy, Mr. Levy, Ms. Owens, Ms. Snyder NAYS: None ABSENT: Mr. Tensen ATTEST: Oj-.� —raa',,-� Deborah T. Charles RVRA Board Secretary April 7, 2010 Jacqueline L. Shuck, Executive Director Roanoke Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Shuck: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Resolution No. 38761- 040510 approving the Roanoke Regional Airport Commission's 2010 -2011 proposed operating and capital budget, upon certain terms and conditions. The abovereferenced measure was adopted, by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 2010. Sincerely, G�rwv�'Y1 ONry Stephanie M. Moon, CMC City Clerk Enclosure pc: Becky Meador, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman. M. Stovall, Director, Management and Budget L: \CLERK\DATA \CKSM1\Agenda Correspondence\April 5, 2009.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 " E Nc Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov City Clerk April 7, 2010 Jacqueline L. Shuck, Executive Director Roanoke Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Shuck: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Resolution No. 38761- 040510 approving the Roanoke Regional Airport Commission's 2010 -2011 proposed operating and capital budget, upon certain terms and conditions. The abovereferenced measure was adopted, by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 2010. Sincerely, G�rwv�'Y1 ONry Stephanie M. Moon, CMC City Clerk Enclosure pc: Becky Meador, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman. M. Stovall, Director, Management and Budget L: \CLERK\DATA \CKSM1\Agenda Correspondence\April 5, 2009.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 20.10. No. 38761 - 040510. A RESOLUTION approving the Roanoke Regional Airport Commission's 2010 -2011 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the City of Roanoke hereby approves the Airport Commission's 2010 -2011 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 17, 2010. ATTEST: 9-4 kA, il(I. Ova City Clerk. K: \Measures \Airport Commission Annual Budget 2010.doc ROANOKE REGIONAL AIRPORT COMMISSION 5202 Aviation Drive Roanoke, VA 24012 -1148 (540) 362 -1999 FAX (540) 563.4838 www.roanokeairport.com March 17, 2010 Honorable Mayor and Members Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Roanoke Regional Airport Commission Fiscal Year 2010- 2011 Budget and Proposed Capital Expenditures Dear Mayor Bowers and Members of Council: In accordance with the requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is hereby submitting its Fiscal Year 2010 -2011 Operating Budget (Attachment 1) for approval. This Budget was adopted by the Commission at its meeting on March 16, 2010. We are also providing a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment 11). You will note that no deficit is anticipated in either the Operating Budget or for the listed Capital Expenditures; therefore, no additional appropriations are being requested or anticipated from the City or the County of Roanoke. Formal approval of the Operating Budget and the Capital Expenditure List by resolution of each of the participating political subdivisions would be appreciated. I would be pleased to respond to any questions or comments that you may have with regard to this matter. On behalf of the Commission, thank you very much for your assistance and cooperation. Very truly yours, Jacqueline L. Shuck Executive Director Enclosures cc: Chairman and Members, Roanoke Regional Airport Commission Mark Allan'Williams, General Counsel, Roanoke Regional Airport Commission William Haekworth, Roanoke City Attorney Stephanie Moon, Clerk, Roanoke City Council Attachment 1 ROANOKE REGIONAL AIRPORT COMMISSION PROPOSED BUDGET FISCAL YEAR 2010 -2011 2009 -2010 2010 -2011 Budget Budget Percentage EXPENSE BUDGET Expenditures Expenditures Change 1 Operations and Maintenance Expenses A. Salaries, Wages and Benefits $4,011,224 $4,046,436 0.9% B. Operating Expenditures 2,993,395 2,940,537 -1.8% C. Other Maintenance & Improvement Projects 240,000 57,000 - 76.3% Total Operations and Maintenance 7,244,619 7,043,973 -2.8% 2 Non- Ooeratin4 Exoenses A. Interest 104,194 43,244 -58.5% B. Debt Service 81,214 84,894 4.5% Total Non - Operating 185,408 128,138 -30.9% 3 Capital Expenses A. Capital Projects and Purchases 89,600 181,000 102.0% Total Capital Expenses 89,600 181,000 102.0% Total Budgeted Expenditures 7,519,627.$ 7,353,111 -2.2% 2009 -2010 2010 -2011 Budget Budget REVENUE PROJECTIONS Revenues Revenues Change 1 Operating Revenues . A. Airfield $1,302,877 $1,321,972 1.5% B. General Aviation 388,188 396,692 2.2% C. Terminal Related 4,488,630 4,488,196 0.0% D. Other Revenues 320,930 305,108 -4.9% Total Projected Operating Revenues 6,500,625 6,511,968 0.2% 2 Non - Operating Revenues A. Interest from Debt Service 0 0 0.0% B. Interest on Investments 548,162 487,665 -11.0% C. State Funds 372,200 311,680 -16.3% D. Federal Reimbursable Funds 140,000 142,000 1.4% E. Gain /(Loss) on sale of assets 0 0 Total Projected Non - Operating Revenues 1,060,362 941,345 -11.2% Total Projected Revenue $ 7,560,987 $ 7,453,313 -1.4% ATTACHMENT II Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and intended to benefit five or more accounting periods) Projects A. Replace Airfield Snow Blower: 1. Description: Replace 18 year old snow blower which is in poor condition and very unreliable. 2. Funding: The cost is approximately $500,000. 3. Anticipated Funding Sources: State Entitlement Funds: $ 400,000 Commission Funds: $ 100,000 B. Construct Baqqaqe Screening Area: 1. Description: Modify baggage make up area and portions of airline offices to install two TSA- supplied EDS machines and a new conveyor system to increase efficiency of the baggage screening process. This would not be a full in- line system, but would afford a much greater degree of privacy. 2. Funding: The estimated cost, including the primary project, cosmetic improvements to the airline office areas, expansion of the electrical system, replacement ticket counters and the engineer's construction administration, is approximately $2,450,000. 3. Anticipated Funding Sources: State Entitlement Funds: $ 1,592,500 Commission Funds: $ 857,500 C. Purchase Airfield Tow Behind Snow Broom: 1. Description: Purchase a tow behind snow broom to increase the speed and efficiency of snow removal operations. 2. Funding: The estimated cost is $190,000. 3. Anticipated Funding Sources: State Entitlement Funds: $152,000 Commission Funds: $ 38,000 D. Terminal Improvements: Phase I: 1. Description: Upgrades to terminal including new gate seating, carpeting /flooring, wall- coverings, ceiling tiles, and rental car counters; improve lighting; rehabilitate and in some cases expand public restrooms. 2 Funding: Estimated not to exceed $1,900,000. 3. Anticipated Funding Sources: State Entitlement Funds: $1,430,000 Commission Funds: $ 470,000 E. Design and construct Replacement ARFF Station: 1. Description: Construct new ARFF facility near intersection of the runways for significantly improved response time. 2. Funding: Estimate of $5,500,000. 3. Anticipated Funding Sources: Federal AIP Funds: $5,225,000 State Entitlement Funds: $ 275,000 F. New Signalized Intersection and Airport Access: 1. Description: Construct new signalized intersection and airport access. Commission is also expected to contract for loop road improvements at about the same time. 2. Funding: Commission's share of the City project is approximately $300,000. 3. Anticipated Funding Sources: Commission Funds: $300,000 G. Replace Concourse Roof: 1. Description: Replace concourse flat roof. This will complete the total terminal roof replacement and restoration. 2. Fundinq: Estimated at $500,000. 3. Anticipated Funding Sources: State Entitlement Funds: $ 325,000 Commission Funds: 175,000 Anticipated Funding Sources:. jls /10Cap. Proj.City /County Federal AIP Grant Funds State Aviation Entitlement Grant Funds Commission Capital Funds City and County Funds Estimated Total Projects Funding 2 $5,225,000 4,414,500 1,700,500 0 $11,340,000 RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 16th day of March 2010 No. 05- 031610 A RESOLUTION approving and adopting the Commission's Operating and Capital Purchase Budget for fiscal year 2010 - 2011. BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year 2010 -2011 Operating and Capital Purchase Budget for the Commission as set forth in the report and accompanying attachment by the Executive Director dated March 16, 2010, is hereby approved; BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of the Commission to submit the fiscal year 2010 -2011 Operating and Capital Purchase Budget, as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the Roanoke County Board of Supervisors for approval pursuant to the contract between the Commission, Roanoke City and Roanoke County dated January 28, 1987, as amended. ATTEST: _ ;,..: - , ".,z, ,,, Secre s VOTE: AYES: Dooley, Minnix, Porterfield, Stewart, Turner NAYS: None �`°':� CITY OF ROANOKE t- 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 April 5, 2010 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: I would like to sponsor a request from Jacqueline L. Shuck, Executive Director of the Roanoke Regional Airport, for City Council to approve its Fiscal Year 2010-2011 Operating Budget and Capital Expenditures. Ili submitted, C+,Fisfopher P. Morrill City Manager CPM:jb C City Attorney Director of Finance City Clerk April 7, 2010 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk am enclosing copies of Ordinance No. 38762- 040510 amending and reordaining Section 24 -97, Possession or consumption of alcoholic beverages, of Chapter 24, Public Buildings, of the Code of the City of Roanoke (1979), amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 2010, and is in full force and effect upon its passage. Enclosure Sincerely, A4L"Z' � - 0 WV Stephanie M. Moon, CIVIC City Clerk L: \CLERK\DATA \CKSMI\Agenda Correspondence\April 5, 2009.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 6 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON, CMC E -mail: clerk @roanokeva.gov City Clerk April 7, 2010 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk am enclosing copies of Ordinance No. 38762- 040510 amending and reordaining Section 24 -97, Possession or consumption of alcoholic beverages, of Chapter 24, Public Buildings, of the Code of the City of Roanoke (1979), amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 2010, and is in full force and effect upon its passage. Enclosure Sincerely, A4L"Z' � - 0 WV Stephanie M. Moon, CIVIC City Clerk L: \CLERK\DATA \CKSMI\Agenda Correspondence\April 5, 2009.doc Municipal Code Corporation _April 7, 2010 Page 2 pc: The Honorable Sherman Holland, Commissioner of the Revenue The Honorable Brenda S. Hamilton, Clerk, Circuit Court .The Honorable Donald S. Caldwell, Commonwealth's Attorney Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget L:\CLERK\DATA\CKSMI\AgendaCoffespondence\ApriI 5, 2009.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of April, 2010. No. 38762 -040510. AN ORDINANCE amending and reordaining Section 24 -97, Possession . or consumption of alcoholic beverages, of Chapter 24, Public Buildings, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 24 -97, Possession or consumption of alcoholic beverages, of Chapter 24, Public Buildings, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1 ( "Century Square "), Mill Mountain Park (including the Discovery Center), Mountain View, and Wachovia Plaza at Market Street, S.E., adjacent to the Market Square Walkway ( "Wachovia Plaza "), and Reserve Avenue Park, hereinafter collectively referred to as the "designated park facilities," under the following conditions: (2) Only section 501(c) nonprofit organizations under Title 26 of the United States Code may apply for the city's alcohol permit for Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center) and Wachovia Plaza. Any person or 'entity may apply for the city's alcohol permit for Mountain View, and the Discovery Center, and Reserve Avenue Park; 0- Amending 24- 97- adding Reserve Avenue Park.doc 1 2. 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 O= Amending 24- 97- adding Reserve.Avelllle Park.doc 2 °: 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 April 5, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment of Section 24 -97 of the Code of the City of Roanoke (1979), as amended Background: With the continued growth of large special event opportunities, the need for providing public spaces for such events to take place is of significant importance to the City and its residents. The facilities that currently exist at Elmwood Park, the City's signature events venue, are adequate for the size and scale of events that have traditionally been hosted at this site over the years. However, the Parks and Recreation Department has received requests and inquiries regarding availability of sites for large scale temporary venues to accommodate regional and national entertainment acts that require patron capacities greater than those achievable at Elmwood Park. With the pending demolition of the National Guard Armory, Parks and Recreation Department Compound, and the School Maintenance Facility, the Department has investigated the possibility of hosting such performances at this Reserve Avenue Park location. By collaborating with local businesses, promoters, and agents, a number of large scale events could be featured at this site that would attract residents and visitors to the City along with generating additional revenues connected with such activities. Honorable Mayor and Members of City Council April 5, 2010 Page 2 It has been indicated that in order for such events to be successful, patrons attending such performances would desire a variety of concessions on site, one of which would be the consumption of alcoholic beverages. Section 24 -97 of the Code of the City of Roanoke governs the parameters and conditions under which alcoholic beverages may be consumed in the City's parks through the issuance of a permit under the authority of the City Manager, and specifies for which locations such permits may be issued. Reserve Avenue Park, Tax Map Number 1040202, is not included on the list of approved locations for the sale, possession, and consumption of alcoholic beverages. An amendment of Section 24 -97 to include the Reserve Avenue location is necessary. Given the opportunity to accommodate a broader range of professional entertainment, concerts and activities for residents and visitors to the Roanoke Valley, and the related potential fiscal benefit to the City, it is recommended that City Council amend Section 24 -97 of the City Code. Recommended Action: Amend Section 24 -97 (b) and (b)(2) to include Reserve Avenue Park, Tax Map Number 1040202, on the list of "designated park facilities," where alcoholic beverages may be possessed and consumed under the same rules and conditions listed within this code section for the facilities at Mountain View and the Mill Mountain Discovery Center. ecvfully sAmitted, ChristopKer P. Morrill City Manager CPM:sb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation CM 10 -0005 5' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of April, 2010. No. 38763 - 040510. AN ORDINANCE authorizing and providing for the City's acquisition of certain property interests needed to link the existing Roanoke River Greenway from its current terminus near 13th Street to the end of the Tinker Creek Greenway near Kenwood Boulevard, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute any documents required to acquire certain property interests needed to link the existing Roanoke River Greenway from its current terminus near 1P Street to the end of the Tinker Creek Greenway near Kenwood Boulevard, as more particularly set forth in the City Manager's letter to Council dated April 5, 2010, and described as follows: A. A 20' wide and variable width greenway trail easement containing 1.405 acres over land owned by the Western Virginia Water Authority ( "Water Authority "), designated as Roanoke City Tax Map No. 4330301 and a portion of Roanoke County Tax Map No. 70.11- 01 -09, at no cost to the City. Pursuant to Section 29.1- 509(E) of the Code of Virginia (1950) as amended, the easement shall provide that the City shall hold the Water Authority harmless for any claims brought against the Water Authority arising out of the use of the easement for trail purposes and pay the reasonable legal fees incurred by the Water Authority arising out of such claims; and B. Dedication of an easement or fee simple interest in a portion of land containing 0.636 acres, owned by Norsal, LLC, designated as Roanoke City Tax Map No. 4321021. Acceptance of this dedication shall be subject to the return of an acceptable title and environmental report. 2. All documents necessary for these acquisitions shall be in a form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: v� City Clerk. April 5, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Background: Subject: Roanoke River Greenway- Tinker Creek Pedestrian Bridge Project - Land Acquisition The City has undertaken a greenway project that links the existing Roanoke River Greenway from its current terminus near 13' Street to the end of the Tinker Creek Greenway near Kenwood Boulevard. Land rights are needed from two property owners to construct the project as follows: 1. Land owned by the Western Virginia Water Authority, including tax parcel 4330301, and a portion of Roanoke County tax parcel 70.1 1 -01- 09. The land needed is a Proposed 20' and Variable Width Greenway Trail Easement containing 1.405 Acres. The Western Virginia Water Authority will convey the easement to the City without cost. (Deed and plat are attached.) City staff has reviewed the deed from the Western Virginia Water Authority and recommends acceptance of the terms and conditions of the deed. 2. Land owned by Norsal, LLC, tax parcel 4321021. The land needed is a Proposed 20' Greenway Trail Easement. City staff is currently in negotiations with the property owner and the owner may prefer to convey subdivided portion of the property in fee simple rather than the proposed easement. The cost of the easement has been budgeted for the project and funding is available in the Roanoke River Tinker Creek Bridge account (08- 620- 9200). CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 G Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov April 5, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Background: Subject: Roanoke River Greenway- Tinker Creek Pedestrian Bridge Project - Land Acquisition The City has undertaken a greenway project that links the existing Roanoke River Greenway from its current terminus near 13' Street to the end of the Tinker Creek Greenway near Kenwood Boulevard. Land rights are needed from two property owners to construct the project as follows: 1. Land owned by the Western Virginia Water Authority, including tax parcel 4330301, and a portion of Roanoke County tax parcel 70.1 1 -01- 09. The land needed is a Proposed 20' and Variable Width Greenway Trail Easement containing 1.405 Acres. The Western Virginia Water Authority will convey the easement to the City without cost. (Deed and plat are attached.) City staff has reviewed the deed from the Western Virginia Water Authority and recommends acceptance of the terms and conditions of the deed. 2. Land owned by Norsal, LLC, tax parcel 4321021. The land needed is a Proposed 20' Greenway Trail Easement. City staff is currently in negotiations with the property owner and the owner may prefer to convey subdivided portion of the property in fee simple rather than the proposed easement. The cost of the easement has been budgeted for the project and funding is available in the Roanoke River Tinker Creek Bridge account (08- 620- 9200). Honorable Mayor and Members of City Council April 5, 2010 Page 2 Recommendation: Accept the proposed deed of easement from the Western Virginia Water Authority. Authorize the acceptance of land and /or easements from Norsal, LLC in a form acceptable to the City Attorney. Authorize the City Manager to provide , any additional information, execute any necessary documents and agreements needed to construct the subject project, upon certain terms and conditions. R pe f ly s bmitted, Christopher P. Morrill City Manager Attachments CPM /PCS /Imb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations R. Brian Townsend, Asst. City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, Director of Public Works Steven C. Buschor, Director of Parks and Recreation Philip C. Schirmer, PE, LS, City Engineer Mark D. Jamison, Manager of Transportation Division CM 10 -00054 Prepared and Recorded By: Western Virginia Water Authority Consideration: $1.00 Dollars 601 S. Jefferson St, Suite 300 Roanoke, Virginia 24011 Return to same address noted above Tax Map No's 4330301 & 070.11 -01 -09 Exemptions claimed: Grantee is exempt from recordation taxes and fees pursuant to Section 58.1- 811(A)(3) and (C)(5) of the Code of Virginia (I 950 as amended. NOTICE TO THE CLERK: When indexing this instrument, please refer to the City of Roanoke, Virginia Roanoke River / Tinker Creek Greenwav Trail project THIS EASEMENT AGREEMENT, made this 12th day of March, 2010, by and between the WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant to Chapter 51 of Title 15.2 of the Code of Virginia (1950), as.amended ( "Grantor "); and the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized under the laws of the f Commonwealth of Virginia ( "Grantee "), : WITNESSETH : That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Easement Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modem English Covenants of Title unto the Grantee, its successors and assigns, the following described easements, to -wit: A new variable width GREENWAY TRAIL EASEMENT, to construct, install, improve, operate, inspect, use, maintain, repair or replace a public access trail and greenway (Trail), containing 61,378 sq ft., more or less, upon, over through and across parcels of land belonging to the Grantor, designated as Roanoke City Official Tax Map No. 4330301 and Roanoke County Official Tax Map No. 070.11- 01-09, as more particularly shown on the "Plat of Survey of Proposed 20' and Variable Width Greenway Trail Easement" dated 12/29/09, prepared by Gay and Neel, Inc., attached hereto as "Exhibit A ", together with related improvements including slope(s), drainage structure(s), and fence(s), if applicable (collectively, the "Easement "). BEING a portion of the same property conveyed to Grantor by deed dated 7/01/2004, recorded in the Clerk's Office for the Circuit Court of the City of Roanoke, Virginia, as instrument number 040011051, and a portion of the same property conveyed to Grantor by deed dated May, 2007, recorded in the Clerk's Office for the Circuit Court of Roanoke County, Virginia, as instrument number 200707160, (collectively, the "Grantor's Property "). The above - described Easement shall be subject to the following conditions: 1. The Grantor's Property functions as a regional wastewater pollution control plant (WPCP), providing wastewater treatment for the Roanoke Valley, including the City of Roanoke, City of Salem, Roanoke County, Botetourt County, and Town of Vinton. Operation of the WPCP provides critical environmental protection, and as such, is regulated by various federal and state agencies. It is therefore critical that the operation of the WPCP meet its regulatory requirements, and such operation shall take precedence over the public's use of this Easement, should the two ever be in conflict, in the opinion of the Grantor. 2. The Grantee agrees to install a continuous eight foot high industrial security fence with three strands of barbed wire along the top for a total height of nine feet. Such fence shall be continuous along the eastern side and a portion of the northern side of the WPCP, from Underhill Ave. to the greenway bridge over the Roanoke River. The specific location of the fence shall be approved by the Grantor. Grantor agrees to maintain such fence upon Grantor's acceptance of construction. . 3. Members of the general public shall have free access to and use of the Trail within the Easement subject to the laws and ordinances of the City of Roanoke and the County of Page 1 of 3 Roanoke for purposes including, but not limited to: walking, jogging, hiking, bicycle riding, and nature study. There shall be no access by the City of Roanoke or the public at large granted by this easement to any property of the Grantor other than the Easement. The general public shall have no right to construct or improve any portion of the Easement. 4. Public access with any type of motor vehicles, including but not limited to motorcycles, 4 -wheel drives, motor bikes, mopeds, ATV's and snowmobiles, shall be prohibited, except to the extent vehicles are necessary for construction, inspection, emergency calls, maintenance or reconstruction of the Trail within the Easement. S. No building or other above grade structure shall be erected within the Easement by the Grantor or located so as to render the easement inaccessible, except that fences and gates, at- grade crossings, overhead and underground utilities may be constructed, erected and/or maintained by the Grantor or Grantor's agents as needed to operate the WPCP. Grantor agrees to coordinate such future improvements and maintenance with Grantee. 6. The Grantee may erect within the easement area such trail markers, litter receptacles, vehicle control barriers, benches, bridges, fences and gates as necessary for preservation of the Trail, use of the Trail and the safety of Trail users. 7. There shall be no dumping of garbage, waste, brush or other unsightly, offensive or hazardous material of any kind within the Easement, or on Grantor's Property. 8. Grantee shall not excavate within or adjacent to the Easement or remove material without the approval of the Grantor. 9. The Grantor shall be entitled to excavate, fill, or construct within the Easement those items that are reasonably related to.Grantor's operations, as needed for ongoing operation of the WPCP, subject to the condition that Grantor shall be responsible for restoration of the Trail and other improvements as near to its existing condition as practicable, and that Grantor shall be responsible for all costs associated therewith. The time period for completing work within the Easement that causes disruption to Trail use, shall be coordinated with the Grantee. Grantor agrees to make reasonable effort to minimize the frequency and duration of work within the Easement. 10. Grantee agrees that no requirement for snow removal shall be enforced on the Grantor within the Easement area. 11. Grantee agrees that any future storm water utility fee or assessment for the Grantor's Property will not consider the impervious area contained within the Easement. The Grantee shall pay any Stormwater management fee imposed by any local, state or federal agency for the area within the Easement. 12. Grantee agrees to design, construct and maintain adequate stormwater structures and controls within the Easement and adjacent area to prevent the ponding of runoff on Grantor's Property. Grantee further agrees to be solely responsible for any regulatory stormwater requirements which result from the Trail- related improvements within the Easement area. 13. The Grantee and its agents shall have the right to inspect the easement area and to cut, clear, and remove all undergrowth, or obstructions lying within or upon the Easement area, that in any way endanger or interfere with the proper use of the same. 14. Pursuant to the provisions of §29.1.509(E) of the Code of Virginia (1950) as amended, the Grantee agrees to hold the Grantor harmless from liability for personal injury or property damage claims arising out of the use of the Easement for Trail purposes and to be responsible for paying or to pay claims and the cost of any reasonable legal services as the result of such claim for personal injury or property damage; provided the Grantor shall not be held harmless from liability caused by the active conduct or acts of the Grantor, its agents, invitees, or contractors which violate the terms and conditions of this Easement. 15. The Easement shall allow for the encroachment by future overhead and/or underground easements for other utilities or entities at the sole discretion of the Grantor. Future improvements associated with said firture easements shall be coordinated with Grantee, to minimize impact on the use of the Easement. 16. The Grantee shall have the right, duty and obligation to fund maintenance of the trail, subject to appropriations by City Council. In the event City Council does not appropriate Page 2 of 3 such funding for the maintenance of the Trail, or adequate funding is not made available for maintenance of the same from other sources, the provisions of the following Paragraph will apply. Maintenance shall include, but not be limited to, regular trash pickup and removal, repair of stone or flood damage, vandalism or destruction of property and fences within the area of the Easement. 17. In the event Grantee ceases to use or maintain the easement herein granted for purposes of a Trail, such Easement shall cease and the interest conveyed herein shall revert to Grantor twelve months after Grantor gives the City notice in writing from the date that Grantee has ceased to use or maintain the Easement as specified in the above Paragraph. 18. The Easement conveyed herein shall run with the land and be binding upon the successors and assigns of the parties hereto. This Easement is subject to all covenants, conditions, restrictions, and other easements of record insofar as they may effect this Easement. Recordation of this Easement by Grantee constitutes Grantee's acceptance of the terms and conditions stated herein. To have and to hold unto the Grantee, its successors and assigns forever. WITNESS the following signature(s): GRANTOR: WESTERN VIRGINIA WATER AUTHORITY By: i " t i , n S, Michael T. McEvoy, ExecutiveECrector - Wastewater COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this /pZ &— day of 201per by Michael T. McEvoy its Executive Director - Wastewater of the Western Virginia Water Authority, on beha f such entity, Grantor. RONDA SUE BOYFA NOTARY PUSUC �� Commomveaitn of V4k% Reg. M35075 ;a.3� ate, Notary Public my commission evires .�_ My Commission Expires: 3 a61 3 My Registration Number is: 3 So 7 S7 Approved as to form: City Attorney GRANTEE: CITY OF ROANOKE, VIRGINIA By: Stephanie M. Moon, City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: Christopher P. Morrill, City Manager The foregoing instrument was acknowledged before me this day of of Roanoke. , 20_, by Christopher P. Morrill, City Manager for and on behalf of the C4 Notary Public My Commission Expires: My Registration Number Page 3 of 3 U EL N 2 "EXHIBIT A" PLAT OF SURVEY OF PROPOSED 20' AND VARIABLE WIDTH GREENWAY TRAIL EASEMENT ON THE PROPERTY OF N Q W WESTERN VIRGINIA ATED AUTHORITY SITU IN THE CITY OF ROANOKE < N AND H -- MNTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA > rh A N O T{ k F 4 f' V f R WESTERN VIRGINIA WATER AUTHORITY REGIONAL SEWAGE TREATMENT PLANT WTD GREF�IEAVI I TRAIL TH EASEME NT 'ti r *0.75 MILE TO -U N p 16THST.,S.E. AVE..RH/4C S £ 811EET INDEt PROPOSED EASEMENT AREA CALCULATIONS: TAX PARCEL NO. 4330301 (CITY) = 59,326.82 SO. FT. 1.362 AC. TAX PARCEL NO. 70.11 -01 -09 (COUNTY) = 1,890.11 SO. FT. 0.043 AC. NOTES: 1. CURRENT OWNER(S): WESTERN VIRGINIA WATER AUTHORITY LEGAL REFERENCES} INST. NO. 200412335 ( ROANOKE CITYk INST. NO. 200707160 ( ROANOKE COUNTY) TAX PARCEL N0-- 4330301 ( ROANOKE CIT»; TAX PARCEL NO. 70.11 -01-09 ( ROANOKE COUNTY) 2 THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFORE MAY NOT INDICATE ALL ENCUMBRANCES AND EASEMENTS THAT MAY AFFECT THE SUBJECT PROPERTIES .1 THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY, USING MONUMENTS FOUND TO EXIST AND THEREFORE MAY NOT CONFORM TO PREVIOUS DEEDS OR PLATS OF RECORD. 4. ADDIDONAL ALAS FOR CONSTRUCTION, SLOPE MAINTENANCE AND DRAINAGE ARE TO BE CONVEYED AS NEEDED AND ARE NOT SHOWN HEREON. BIER 1- 7= kv= BHEET lm ARI A88fl5Y1A7M OHEET S - EABEMBU PAT Aim LLOM BHEAT 8 - EABEMM PLAT 8HEff 4 - EABBIEEii PLAT = 01, AC.- ACRES) AVE.- AVENUE COORD.- COORDINATE INST.-INSTRUMENT N/F -NOW OR FORMERLY N.F.V. -NOT FIELD VERIFIED NO" NUMBER PG. -PAGE R/W -RIGHT OF WAY S.E- SOUTHEAST S.R. -STATE ROUTE ST.- STREET SO. FT.- SQUARE FOOT TM-TAX MAP VA.- VIRGIOA WB. -WILL BOOK L`: _21 M&� RALPH O.CLEMENTS ,L(c. No. 1864 ly / 0 0Q.- SURj UNEZY FILJ �' GAY AND NBBL. INC. a Mk P47.K10 r3aa (*64 Unswl AFICHnwmn E 1' =7001 suwAma = 72129109 1260 Radford Street N06 2111.0 Chriatiousburg, Virginia 24073 Pho (310) ]61 -6011 r— (310) 361 -2777 T / OF 4 &L.P. nraogoyonm aN COm A SLUDGE LAGOON n TM4330302 CURVE DATA: °� WESTERN VIRGINIA WATEI 4°15417' �:-4 °a AUTHORITY REGIONAL SEW) o j TREATMENT PLANT INST 2004 R -300AD A SLUDGE LAGOON ° v N0. 4 a (FROM MAPPING) 1n (N.F.V.) o j PROPOSED CENTERLINE OF 20' AND VARIABLE WIDTH--, GREENWAY TRAIL T- 78.83' 0152.48' C&-N 6348'39' E / / � p��ROPp• � � *6 -G� i 1� CHAIN -LINK FENCE r \ EASEMENT i, i .x'4.0 S 6 =1O92r CURVE DATA, L 300.00' \ 6.1733'21' T =2&48' j L =153620' CH-52.7r 500.00' CB-N 54108 T-7721' CH- 15261' r CAN 5074'04' E i 0 w ' CURVE DATA- I b-3MW TM4330301 L-106.8Y WESTERN VIRGINIA WATER Y FOUND I I _•�� AUTHORITY REGIONAL SEWAGE T=R.74 TREATMENT PLANT I �1 CH- 105,60' INST. 200412335 00 C8=N 26116'55- E LI.\ a i F c C a i ) i �v CURVE DATA' � / / GATE CHAIN �/ // N FENCE FENCE E CH= 64.53' C9=N 17'12'38' E 0.75 MILE TO U A� CORPORATION 16TH SL, SE. ,4 �Y Q LINE TAKEN FROM r 3 0, £ Ry+ i DIIGITAL MAPPING J c (N.F.V.) R w 1C LEGEND: �— PROPERTY / R/W LINE EDGE OF PAVEMENT — — — — — EDGE OF GRAVEL CENTERLINE PROPOSED EASEMENT -- - - - - -- EDGE OF PROPOSED EASEMENT -` -- -- -- -- -- -- -� TIE LINE CREEK/BRANCH/EDGIE OF WATER CORPORATION LINE O PROPOSED EASEMENT CORNER AND CENTERLINE GRAPHIC SCALE 0 100 1 inch = 100 ft. �F yAt' c No E N w 2 Nn LaJ Z U H a RALPH 0XLEMENTS 0210200 ~ `CORPORATION v LINE 03/04 /10 I TAKEN o j FROM �c O CITY OF o v ROANOKE 2 DIGITAL JOB NO. 2111.0 MAPPING r 0 0 (N.F.V.) � 2 O RALPH 0XLEMENTS 0210200 strRV 03/04 /10 I CHEC M. per' tD LAY —.A NsEL, TNC. DUAR DRAUE- avx, exc a � Lx108CAPE ARCHITEGYURE i".ioIO SCALE 7'at00' suaysnxa DATE 12/29/09 1280 Radford Street JOB NO. 2111.0 Chriatianaburg, Virginia 24073 P_1_ (3b) 381 -6011 F-y (310) s81-1773 rmott fMoO6gonCn�a6crom SHEET 2 DF 4 J L) z H LLJ LLJ _ � N fn R -'(FROM FIELD SURVEY) RIVER q N O k , RSV CURVE DATA g 4 X1545'32" z L- 55.01' CURVE DATA: R =200.00' T =27.88' L =54.47 0.y a N 57'08'31' W NO. 3 (FROM I \I Gpq \I o MAPPING) AQ (N.F.V.) WESTERN VIRGIAI WATER CURVE DATA, AUTHORITY REGIONAL SEWAGE! �B532, TREATMENT PLANT R=18872' N 018'25" M INST. 200412335 T -43 W CURVE DATA' 47.75 ` �- / ✓ CH- 84.59' &175'028' S 39'48'20' PROPOSED CB-N 6150'48" W L- 81.68' 30.4: CENTERLINE OF 20' CURVE DATA, AND VARIABLE 6= 132'13'39' L=150.o1' CB -N 51'52'28' E WIDTH GREENWAY R -5 &W N 38'28'48• W T =148.78' 50.97 TRAIL EASEMENT cif -11ae7 '9. M=N 85'03'00' E CURVE DATA; �O �P d- 213745' 9 L =103.81' / "2000, �?• RT- 5253'�� /. CURVE DATA: 6=2440'50' / CB-N 29'45'03' E� �, RL125.00'J 'Opp /�� T =27.35' d ip / / CH- 53.43' 1 1 �Cfj� CB=S 41110`3r CUR E �%, / N 4033'55' E CURVE DATA: Al 8148' 6. 121]834" /��/ L L- 45.44' IW / R =21500' N N 57'08'31' W NO. 3 (FROM I \I Gpq \I o MAPPING) AQ (N.F.V.) WESTERN VIRGIAI WATER CURVE DATA, AUTHORITY REGIONAL SEWAGE! �B532, TREATMENT PLANT R=18872' N 018'25" M INST. 200412335 T -43 W CURVE DATA' 47.75 ` �- / ✓ CH- 84.59' &175'028' S 39'48'20' PROPOSED CB-N 6150'48" W L- 81.68' 30.4: CENTERLINE OF 20' CURVE DATA, AND VARIABLE 6= 132'13'39' L=150.o1' CB -N 51'52'28' E WIDTH GREENWAY R -5 &W N 38'28'48• W T =148.78' 50.97 TRAIL EASEMENT cif -11ae7 '9. M=N 85'03'00' E CURVE DATA; �O �P d- 213745' 9 L =103.81' / "2000, �?• RT- 5253'�� /. CURVE DATA: 6=2440'50' / CB-N 29'45'03' E� �, RL125.00'J 'Opp /�� T =27.35' d ip / / CH- 53.43' 1 1 �Cfj� CB=S 41110`3r CUR E �%, / N 4033'55' E CURVE DATA: Al 8148' 6. 121]834" ScSAt Fes$ a rO N�N CURVE i GRAPHIC SCALE 0 100 1 inch = 100 ft. DATA: 6 =3738'04' L 13253' T� &80' CH =130.12' CB-N 5932'57' E TAKEN FROM CITY OF ROANOKE DIGITAL MAPPING (N.F.V.) R- 50.00' p � � T- 30.29' N � CH =51.82' CB-N 3131'02' W CURVE DATA f 6.14o3o'os' L=36.78' T- 41.78' CN=28.24' CAN 6958'37' E 6- 524'54" 2e.3s' CFt=28.34' � � 3x•44'21• w CURVE DATA: 1 \. 6- 28'41'24 T 25.57 C1U=49.55 , CB-N 457.2'36' w N 59'43'18' W 48.05' b=174'05'43' L =75.96' T-27-81Y T =484.75' CH =45.36' } CH=49.93' CB=S 5934'17• E ti � f�11 2719'34' E TM4330301 — z 7M 70.11 -01 -09 WESTERN VIRGINIA WATER N/F WESTERN VIRGINIA AUTHORITY REGIONAL SEWAGE � WATER AUTHORITY TREATMENT PLANT u+ (ROANOKE COUNTY) INST. 200412335 x w INST. 200707160 O Y z O a = o RALPH O .CLEMENT S Lio. No. 1864 RENSED; �G� 02/02/10 02r5r0 � � GAY AND NeSL, INC. DRAIM6. PW,K c sxouisixnra SCALE: t " =t scaEC '�`°��"f P& DAIS 12/29/ 1280 Radford Street JDB N0. 21 1fA Chriettanaburg, Virginia 24073 �� f � 41 Plwnr. (SN) JBI -WI1 Fer. (NO) J81-2773 ad; MlaOgayeMneel.tem Z `�` \` `112, .�• SLUDGE LAGOON CB - /��/ L L- 45.44' IW / R =21500' N � W � R- 200.00' 2 U H Q i GRAPHIC SCALE 0 100 1 inch = 100 ft. DATA: 6 =3738'04' L 13253' T� &80' CH =130.12' CB-N 5932'57' E TAKEN FROM CITY OF ROANOKE DIGITAL MAPPING (N.F.V.) R- 50.00' p � � T- 30.29' N � CH =51.82' CB-N 3131'02' W CURVE DATA f 6.14o3o'os' L=36.78' T- 41.78' CN=28.24' CAN 6958'37' E 6- 524'54" 2e.3s' CFt=28.34' � � 3x•44'21• w CURVE DATA: 1 \. 6- 28'41'24 T 25.57 C1U=49.55 , CB-N 457.2'36' w N 59'43'18' W 48.05' b=174'05'43' L =75.96' T-27-81Y T =484.75' CH =45.36' } CH=49.93' CB=S 5934'17• E ti � f�11 2719'34' E TM4330301 — z 7M 70.11 -01 -09 WESTERN VIRGINIA WATER N/F WESTERN VIRGINIA AUTHORITY REGIONAL SEWAGE � WATER AUTHORITY TREATMENT PLANT u+ (ROANOKE COUNTY) INST. 200412335 x w INST. 200707160 O Y z O a = o RALPH O .CLEMENT S Lio. No. 1864 RENSED; �G� 02/02/10 02r5r0 � � GAY AND NeSL, INC. DRAIM6. PW,K c sxouisixnra SCALE: t " =t scaEC '�`°��"f P& DAIS 12/29/ 1280 Radford Street JDB N0. 21 1fA Chriettanaburg, Virginia 24073 �� f � 41 Plwnr. (SN) JBI -WI1 Fer. (NO) J81-2773 ad; MlaOgayeMneel.tem Z `�` \` `112, .�• SLUDGE LAGOON CB - T- 41.78' CN=28.24' CAN 6958'37' E 6- 524'54" 2e.3s' CFt=28.34' � � 3x•44'21• w CURVE DATA: 1 \. 6- 28'41'24 T 25.57 C1U=49.55 , CB-N 457.2'36' w N 59'43'18' W 48.05' b=174'05'43' L =75.96' T-27-81Y T =484.75' CH =45.36' } CH=49.93' CB=S 5934'17• E ti � f�11 2719'34' E TM4330301 — z 7M 70.11 -01 -09 WESTERN VIRGINIA WATER N/F WESTERN VIRGINIA AUTHORITY REGIONAL SEWAGE � WATER AUTHORITY TREATMENT PLANT u+ (ROANOKE COUNTY) INST. 200412335 x w INST. 200707160 O Y z O a = o RALPH O .CLEMENT S Lio. No. 1864 RENSED; �G� 02/02/10 02r5r0 � � GAY AND NeSL, INC. DRAIM6. PW,K c sxouisixnra SCALE: t " =t scaEC '�`°��"f P& DAIS 12/29/ 1280 Radford Street JDB N0. 21 1fA Chriettanaburg, Virginia 24073 �� f � 41 Plwnr. (SN) JBI -WI1 Fer. (NO) J81-2773 ad; MlaOgayeMneel.tem Z `�` \` `112, .�• SLUDGE LAGOON CB - T 25.57 C1U=49.55 , CB-N 457.2'36' w N 59'43'18' W 48.05' b=174'05'43' L =75.96' T-27-81Y T =484.75' CH =45.36' } CH=49.93' CB=S 5934'17• E ti � f�11 2719'34' E TM4330301 — z 7M 70.11 -01 -09 WESTERN VIRGINIA WATER N/F WESTERN VIRGINIA AUTHORITY REGIONAL SEWAGE � WATER AUTHORITY TREATMENT PLANT u+ (ROANOKE COUNTY) INST. 200412335 x w INST. 200707160 O Y z O a = o RALPH O .CLEMENT S Lio. No. 1864 RENSED; �G� 02/02/10 02r5r0 � � GAY AND NeSL, INC. DRAIM6. PW,K c sxouisixnra SCALE: t " =t scaEC '�`°��"f P& DAIS 12/29/ 1280 Radford Street JDB N0. 21 1fA Chriettanaburg, Virginia 24073 �� f � 41 Plwnr. (SN) JBI -WI1 Fer. (NO) J81-2773 ad; MlaOgayeMneel.tem Z `�` \` `112, .�• SLUDGE LAGOON CB - RALPH O .CLEMENT S Lio. No. 1864 RENSED; �G� 02/02/10 02r5r0 � � GAY AND NeSL, INC. DRAIM6. PW,K c sxouisixnra SCALE: t " =t scaEC '�`°��"f P& DAIS 12/29/ 1280 Radford Street JDB N0. 21 1fA Chriettanaburg, Virginia 24073 �� f � 41 Plwnr. (SN) JBI -WI1 Fer. (NO) J81-2773 ad; MlaOgayeMneel.tem Z `�` \` `112, .�• SLUDGE LAGOON CB - O IL N d m c 0 ti N m N r N U Ig v m a O c rn QH G N a uJ m m o` X Roo FWND �� S2 ?3, 5• N 200'00' E �D jTO�T 'SySM \6•I �nq ! — -1181 1 I VA SASE t 85) CURVE DATA: IIT I (SOu ` h- slow00' J I 1 SIGN L 14 49, \ . T- 20.00'\ CH-2&S CB-N 43'00 W W 100 j N 88b0'00' W 10.00 EDGE OF ROANDKE RIVER 1 264.87' 1 11 1 I 1 j (FROM MAPPING) (N.F.V.) PROPOSED Iii 1� I CENTERLINE OF 20 AND VARIABLE WIDTH ilI i i GREENWAY TRAIL I I D oo' EASEMENT � II III 9.33' ck:7 I CURVE DATA- I I 10.00' J TM4330301 dp1842'57' WESTERN VIRGINIA WATER La1mor I I AUTHORITY REGIONAL SEWAGE R-600.00' I / TREATMENT PLANT INST. 200412335 / CH- 1991112'' r N 78'38'31' W UDGE LAGOON-' NO. 3 (FROM 1 J MAPPING) (N.F.V.) 1 I l l N 69'1703' / 185 5T' ca r i � o i N 8923110' W 245.74' f / CITY OF ROANDKE JI I TOWN OF MNTON I ► rl � ' J MATCHLINE SHEET 3 L) RALPH O.CLEMENTS Lic. No. �1864 4 02/02/REVISED./ /�/ 02r5r0 SURN 03/04/10 o atJ,lcdp GRAPHIC GAY AND NEEL, INC. SCALE pW,KJD 0 100 `�,'ava excixamxc �m'ecruae SCALE i'a100' DATE: 12129109 suv'xav�c 1280 Radford Street JOB N0. 2111.0 Chrietianehurg, Virginia 24073 1 inch = 100 ft. S71EEr 4 0I 4 Ph.. (940) 381 -60U F (740) 381 -2773 rmea• ;Nme.--- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of April, 2010. No. 38764 - 040510. A RESOLUTION authorizing acceptance of the donation of a vehicle and equipment awarded to the Roanoke City Police Department by the Virginia Department of Criminal Justice Services, and authorizing execution of any and all necessary documents to accept the donation. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services, the donation of $285,000, with no matching funds required from the City, to be used to purchase a Tactical Armored Incidence Response Vehicle (IRV) and personal protective equipment for the tactical team officers in the Roanoke City Police Department. This funding is more particularly described in the letter ofthe City Manager to Council dated April 5, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents required to accept such donation. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. ATTEST: City Clerk. (I IN THE COUNCIL OF THE'CITY OF ROANOKE, VIRGINIA The 5th day of April, 2010. No. 38765- 040510. AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for the State Homeland Security Program Grant, amending and reordaining certain sections of the 2009 -2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009 -2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable- Equipment 35- 640 - 3662 -2035 $ 40,000 Vehicular Equipment 35- 640 - 3662 -9010 245,000 Revenues State Homeland Security Grant FY10 #3 35- 640 - 3662 -3662 285,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: l ^^ City Clerk. ' CITY OF ROANOKE OFFICE OF THE CITY MANAGER 3 Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 G' Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov April 5, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita.J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: State Homeland Security Program G rant Background: The Homeland Security Coordinator for Virginia's Department of Criminal .Justice Services in conjunction with the Office of Commonwealth Preparedness and the Department of Emergency Management recently applied for grant funding from the Federal Department of Homeland Security through the State Homeland Security Grant Program. This effort resulted in an award of $4.9 million to be used for various local initiatives in the realm of homeland security. A prerequisite for submitting the application discussed above involved a requirement that a steering committee discuss and approve the specific types of terrorism prevention / homeland security equipment or projects that the funding would support. A committee made up of police chiefs from across the State, including Chief Gaskins, determined that armored incident response vehicles and personal protective equipment for tactical team officers deployed in these vehicles were two major areas of need statewide. The steering committee also determined which localities within the State would receive funding for the purchase of the vehicles and equipment. Roanoke was one of the selected jurisdictions. As a result of the grant funding awarded to DCJS and by selection of the steering committee, the police department has been awarded $285,000. There is no matching fund requirement. The funding, per grant guidelines, must be used to purchase a Tactical Armored Incidence Response Vehicle (IRV) and personal protective equipment for officers who are deployed in the IRV. The vehicle will be added to the police department fleet. Fuel and maintenance expenditures of approximately $750 per year will be absorbed by the appropriate object codes within the police department budget. The vehicle is available for regional use but Honorable Mayor and Members of City Council April 5, 2010 Page 2 will be operated by City of Roanoke employees only. The Police Department will absorb all associated costs. Roanoke was selected to receive the IRV due to its position in the region and because the City contains five distinct law enforcement agencies (Roanoke Police, Carilion Police, Virginia Western Police, Airport Police and Norfolk Southern Police) that can benefit from the IRV if needed. The vehicle will provide the capability for rapid response to terrorist incidents in the Roanoke region and will be available for use by other regional law enforcement agencies. In addition to the IRV, the police department will use the funds to purchase complete protective gear for tactical officers. Each set of gear provides for a full body protective suit and self contained breathing apparatus to allow safe response to nuclear, biological or chemical incidents. This entire award significantly increases our ability to effectively and safely respond to terrorist incidents and increases our ability to provide public safety services. Recommended Action: Accept the State Homeland Security Program grant and authorize the City Manager to execute the grant agreements and any related documents, subject to them being approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding totaling $285,000 per the following and establish corresponding revenue estimates in accounts established by the Director of Finance in the Grant Fund. Appropriation Vehicle Purchase $245,000 Expendable Equipment $ 40,000 Total $285,000 sybmitted, Ciristopher P. Morrill City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM10 -00057 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of April, 2010. No. 38766 - 040510. AN ORDINANCE to transfer funding from the Rose Avenue /Garnand Branch Bridge Renovation project to the Crestmoor Drive /Barnhart Branch Bridge renovation project, amending and reordaining certain sections of the 2009 -2010 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009 -2010 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2009 Bond Funds 08- 530 - 9617 -9301 $ 306,716 Appropriated from 2009 Bond Funds 08- 530 - 9618 -9301 ( 306,716) Pursuant to the provisions of Section 12 of the City Charter, the.second reading of this ordinance by title is hereby dispensed with. ATTEST: v vy✓ City Clerk z. CITY OF ROANOKE ,. v 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 April 5, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Funding for the Crestmoor Drive over Barnhart Branch Bridge Reconstruction Project Background: This project is generally described as the reconstruction of the Crestmoor Drive over Barnhart Branch Bridge, Structure No. 8025, which includes the construction of a temporary detour road; demolition of the existing superstructure, substructure and foundations; reconstruction of footings, abutments, and cast -in -place slab span; and associated work. The bid documents have been developed and the project is now ready for public advertisement. Funding in the amount of $356,936 is needed for the project. There is currently $50,220 available in the project account. Residual funding in the amount of $306,716 from the Rose Avenue Bridge Reconstruction Project is available for the Crestmoor Drive Bridge Reconstruction Project due to the project being under budget. Recommended Action: Adopt the accompanying budget ordinance to transfer $306,716 from account number 08- 530 -9618, Rose Avenue /Garnand Branch Bridge Renovation to account number 08- 530 -9617, Crestmoor Drive /Barnhart Branch Bridge Reconstruction. Resp ctf submitted, Christopher P. Morrill City Manager Honorable Mayor and Members of City Council April 5, 2010 Page 2 CPM /JAW /rls c: Stephanie M. Moon, City Clerk 'William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance . Philip C. Schirmer, PE, LS, City Engineer CM10 -00053 �i�c RO,ay ANN H. SHAWVER, CPA Director of Finance April 5, 2010 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice -Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita). Price, Council Member Honorable Court G. Rosen, Council Member Honorable David .B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: February Financial Report JOHN W. BINGHAM, CPA Assistant Director of Finance ANDREA F. TRENT Assistant Director of Finance The following financial report provides commentary on the City's financial results for the first eight months of this fiscal year. General Fund revenues through February of FY10 were 3.4% or $4,224,000 below last year as presented in the accompanying report. Real Estate Tax collections increased 2.2% over last year as a result of commercial growth and new construction. Other local taxes, most notably the local portion of the sales tax, have continued to decline. The business license tax was due March 11% As of this writing, the tax has declined by approximately 6 %, though at the end of February, it was down 17%. The March 1=t due date creates timing differences from year to year in the amount of revenue recognized by February 28`h General Fund expenditures through February are down 2.1% or $3,816,000 compared to the first eight months of FY09, largely driven by decreased costs in Public Works and Parks, Recreation, and Cultural. These lower expenditures are the result of budget reduction measures that include reductions in employee positions, employee benefits, and programs and services. The expenditures shortfall of 2.1% lags the revenue variance of 3.4% for several reasons. The timing in receipt of Business License revenues negatively impacts revenue performance to date. The second installment of one of the few local taxes exhibiting growth is a factor with real estate due April 511. Also, some of the expenditure curtailments will not be reflected in the financial statements until the end Honorable Mayor and Members of Council April 5, 2010 Page 2 of the year. The City continues to monitor revenue shortfalls and manage expenditures accordingly with both positive and negative variances discussed in this narrative. Revenues: The revenue shortfall for FY10 is currently projected at approximately $7.4 million compared to the adopted budget. This is a decrease of 2.9% compared to the original adopted budget and places FY10 revised revenues at 4.2% below FY09 audited revenues. � Since our last report to City Council, FYI revenues have been upward adjusted in the areas of the business license tax and bank stock tax, both as a result of performance in excess of earlier expectations. The sales tax has been further downward adjusted, driven by a weak performance in January retail sales. The FYI personal property tax assumes a 10% decline compared to FY09. This represents an improvement compared to the 15% drop previously projected, but this revenue forecast has not been finalized. Finance staff will continue to analyze system data relating to this key revenue source and finalize an estimate in the coming week. The $1.7 million improved forecast in local taxes will benefit both the City and Schools as compared to earlier estimates. Along with adjustments to local taxes, reductions of $1.8 million in funding by the Commonwealth have been announced. Additional revenue details are as follows. General Property Taxes increased 3.1 % or $1,3 5 1,000 compared to FY09 due primarily to growth in real estate assessments. The total levy for real estate increased 2.0% in FYI 0. In addition, supplemental revenues from construction activities added favorably to the category. Other Local Taxes decreased 9.3% or $3,638,000 compared to FY09. The majority of our local taxes are trending lower due to the negative impact of the national economic decline. Sales tax revenues, which began to decline in January 2009, are 15.9% lower this year through January sales. Transient Occupancy, Prepared Food and Beverage, and Cigarette taxes have also declined compared to last fiscal year by 8.7 %, 5.5% and 11.7%, respectively. Telecommunications Tax, though currently down 1.8% from last year, is projected to end fiscal year 2010 with a slight increase. Permits, Fees, and Licenses decreased 30.3% or $225,000 compared to FY09. New construction has slowed due to the declining economy, resulting in fewer permits obtained and lower permit revenues. In addition, there were several commercial permits obtained in early months of FY09. Revenue from the Use of Money and Property fell 25.7% or $151,000 compared to FY09 due to the loss of rental income from State offices vacating space at the Commonwealth Building. Honorable Mayor and Members of Council April 5, 2010 Page 3 Intergovernmental - revenues decreased 1.5% or $494,000 compared to last year. This variance is comprised of decreases in other categorical and non categorical aid such as Rental Car tax, EMS -Four for Life, and Law Enforcement (HB 599) funding, as well as reimbursement for constitutional officers. The overall decline is partially offset by increased reimbursement of day care expenditures paid by the City as well as a timing difference in the receipt of Comprehensive Services Act reimbursements for November services which will be rectified next month. It is important to note that this category will be further impacted by $1.8 million in Commonwealth budget reductions to constitutional officers. as well as reduced funding for law enforcement, libraries, and various social services. The Commonwealth budget reductions primarily in compensation board payments will continue to be fully reimbursed until the end of the year, at which point reimbursements will be discontinued until fiscal year 2011. Charges for Services decreased 15.6% or $874,000 compared to FY09 due in part to a timing difference and a change in revenue recognition policy. This change was implemented July 1, 2009. Though it impacts results in the current report, this is not expected to alter revenue in this category for the fiscal year as a whole. Also contributing to the decline in this category is lower revenue received for housing federal prisoners (25.0 %) and prisoners from other localities (75.8%) due to the shift of prisoners to the new regional jail that opened in March 2009. Partially offsetting the decline in this category was an increase in off duty police billings as several businesses_, have hired police officers for extended term assignments. Internal Services decreased 9.3% or $167,000 due in part to a decrease in the billing for two School Resource Officers at high schools which were funded by the Roanoke City Public Schools. In addition, there was a decline in building maintenance revenues compared to FY09 when billings were made for repairs and maintenance at the Market Building. Expenditures: The fiscal year 2010 General Fund expenditure budget totals $258.3 million and includes funding of approximately $1 million to cover contracts and purchase orders made during fiscal year 2009 but not paid by the end of that year. The General Fund expenditures and encumbrances through February were $175.7 million and represent a decrease of 2.1% or approximately $3.8 million compared to FY09. With the lower revenue outlook for FY10, several expenditure reduction strategies were implemented during the first quarter. They include the deferring of planned expenditures for fleet replacement and technology capital, a hiring freeze, and managing the budget contingency conservatively. In addition, all City departments developed and implemented flexible budget reduction options in the current fiscal year. Expenditure variances are discussed in the following sections. Honorable Mayor and Members of Council April 5, 2010 Page 4 _ Judicial Administration expenditures declined 12.7% or $697,000 due primarily to a decrease in residential detention service charges paid to Roanoke Valley .Juvenile Detention Commission. The Roanoke Valley Detention Commission per diem rates increased from $153 to $180 effective December 1,2009, to ensure adequate funding in light of population decline. Accordingly, the City is subject to fluctuations in expenditures related to the Detention Center. Parks, Recreation and Cultural expenditures decreased 11.6% or $889,000 from FY09. The budgeted expenditures in this category decreased 11.4% from the budgeted total in FY09. Roanoke Arts Commission expenditure reductions of 20% were made for FY10 including the elimination of funding for the Arts Festival. Also contributing to the variance in this category is a reduction in Event Zone expenditures, program activities, supplies, and decreased publications and subscriptions. Communes Development expenditures decreased 8.6% or $368,000 from last fiscal year due in part to planned decreases in membership and affiliation appropriations. Also contributing to the variance is a decline in economic development costs due to decreased appropriations to outside agencies. A timing difference contributing to the decrease in this category relates to the Regional Economic Development Agency contract. The contract was encumbered in total in October 2008 for FY09, but was not encumbered in FY10, but rather is being paid quarterly. Nondepartmental expenditures are 15.7% or $789,000 lower this fiscal year through February compared to last fiscal year. Transfers to Civic Facilities have decreased 18.2% due to improved financial performance of the Civic Center Fund with Global Spectrum managing the property. Transfers to the Capital Projects fund have decreased by 17.9% due to a lower level of cash funding for projects in FY10. The single largest change was funding to the Roanoke River'Flood Reduction project. In addition, the operating subsidy for the Greater Roanoke Transit Company was reduced by 20% due to planned changes in operations. Federal and State subsidies to GRTC are also lower than FY09. Civic Facilities Fund: Prior year results are not fully comparable because the City and Global Spectrum accounting methods differ. Comparisons. between years will focus on the Operating Income or Loss measure as well as the Change in Net Assets which provides a meaningful comparison. The Operating Loss for FY10 year to date has improved by 39.7% or $702,000 when compared to FY09. When this is adjusted for VML Host City Night expenses recorded in this fund, the improvement would be 43.2% or $764,000. The Loss Before Transfers and Contributions improved 33.9% or $734,000 compared to the prior year. The transfer from the Capital Projects Fund of $47,447 is for acoustical improvements ,at the Special Events Center. The transfer of $1,009,050 from the General Fund Honorable Mayor and Members of Council April 5, 2010 Page 5 represents one half of the budgeted FY10 operating subsidy. The FY10 subsidy is expected to be within the budgeted amount of $2,018,000. The Fiscal Year 2009 total subsidy was $2,678,000. Global Spectrum management of the Civic Center operations continues to bring improvements in the quality and quantity of events. Global Spectrum has now been managing the Civic Center for fourteen months. February 2010 included two events more than budget, bringing Global Spectrum to 44 events greater than the year to date FY10 budget. Year to date events are 27.8% over budget. Paid attendance for FY10 now exceeds budget by 49 attendees. , Unfortunately, a snow storm reduced the attendance at the monster truck show in early February by an estimated 9,396 customers (52%), or attendance would be even higher. Many of those who had purchased tickets but were unable to attend have exchanged their tickets for similar shows to be held at the Civic Center later this year. The Civic Center operations have gained momentum and continued positive results are expected. Parking Fund: Operating Income for the 2010 fiscal year to date reflects a decline of 20.7% or $97,000 compared to FY09. This decline was the result of a 4.6% decrease in revenues. Expenses held steady at FY09 levels. Lancor, our management firm for the parking garages, continues marketing services to downtown businesses to improve the revenue shortfall and is working to minimize expenses. The results of these efforts can be seen in the Operating Income line which has improved across the fiscal year and currently with a 20.7% decline compared to the prior year. In perspective; the August Operating Income represented a 57.8% decline from the prior year. ✓ A reduction of leased spaces by two major customers had a significant negative impact on revenues for Church and Tower garages. ✓ Operating Expenses continue to be driven by higher utility costs and management fees. Utilities are up 3.9% from the same period in FY09. Maintenance is being deferred to the extent possible. Market Building Fund: The Market Building results reflect an improvement in the Operating Loss of nearly $279,000 for the current year when compared to the prior year. When FY09 performance is adjusted to remove the FY09 repair and maintenance expenses, FY10 Operating Loss improved nearly $10,000 compared to FY09. Revenues are down 7.7% in FY10 and expenses are down by 8.7% after adjusting for the FY09 repairs and maintenance. Honorable Mayor and Members of Council April 5, 2010 Page 6 ✓ The Market Building revenue decline was driven by additional vendor vacancy in FY10 as compared to the same time in FY09. ✓ The transfer from the Capital Projects Fund of $2.2 million is for Market Building renovations. ✓ The transfer from the General Fund of $47,250 represents one half of the budgeted FY10 operating subsidy. In closing, we continue to experience a difficult year due to the economic environment. The City works to manage expenditures to balance with lower revenues. We continue to have challenges but we are positioned to meet them. We are hoping for some signs of economic recovery in the coming months to help ease the pain of the recent declines and improve our revenue outlook. Please call me should you have any questions on the City financial statements. Sincerely, Ann H. Shawver Director of Finance Attachments c: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager Sherman M. Stovall, Director of Management and ,Budget Deborah j. Moses, Parking Facilities Manager Chris Connolly, General Manager, Global Spectrum Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent of Operations, Roanoke City Public Schools Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Intergovernmental Charges for Services Internal Services Transfers From Other Funds Miscellaneous Revenue Total Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total CITY OF ROANOKE, VIRGINIA GENERAL FUND FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2010 Current Revenue. Budget $ 100,966,000 72,499, 000 1,166,000 1,472,000 597,000 69,168,307 7,983,000 2,637,000 25,586 505,000 $. 257,018,893 STATEMENT OF REVENUE (UNAUDITED) Actual July 1 - February 28 2009-2010 $ 44,268,415 35,655,288 517,461 983,941 436,620 32,007,239 4,736,688 1,632,509 25,586 317,269 $ 120,581,016 Actual Percent of July 1 - February 28 Budget FY10 vs FY09 2008-2009 Received Variance $ 42,917,461 43.8% 3.1 % 39,293,216 49.2% -0.3 % 742,244 44.4% -30.3 % 957,191 66.8% 2.8 % 587,711 73.1% -25.7% 32,501,684 46.3% -1.5 % 5,611,116 59.3% - 15.6 % 1,799,905 61.9% -9.3 % 33,333 100.0% -23.2 % 361,287 62.8% -12.2 % $ 124,805,148 46.9% -3.4 % STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Expenditure Budget $ 12,522,831 7,833,661 60,205,770 25,666,330 39,406,500 9,937,919 7,022,510 22,175, 753 63,847,461 9,678,834 $ 258,297,569 Actual July 1 - February 28 2009-2010 $ 8,074,116 4,802,578 41,289,074 17,495,133 27,393,256 6,803,294 3,915,785 19,145,215 42,564,974 4,231,265 $ 175,714,690 Actual Percent of July 1 - February 28 Budget FY10 vs FY09 2008 - 2009 Obligated Variance $ 8,684,329 64.5% -7.0 % 5,499,988 61.3% -12.7 % 42,003,447 68.6% -1.7 % 18,089,642 68.2% -3.3 % 27,171,446 69.5% 0.8 % 7,692,031 68.5% -11.6 % 4,283,614 55.8% -8.6 % 18,853,572 86.3% 1.5% 42,231,640 66.7% 0.8 % 5,020,542 43.7% - 15.7 % $ 179,530,251 68.0% -2.1 % Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Intergovernmental Charges for Services Internal Services Transfers From Other Funds Miscellaneous Revenue Total Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total CITY OF ROANOKE, VIRGINIA GENERAL FUND FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2010 Current Revenue Budget $ 100,966,000 72,499,000 1,166,000 1,472,000 597,000 69,168,307 7,983,000 2,637,000 25,586 505,000 $ 257,018,893 STATEMENT OF REVENUE (UNAUDITED) Actual July 1 - February 28 2009-2010 $ 44,268,415 35,655,288 517,461 983,941 436,620 32,007,239 4,736,688 1,632, 509 25,586 317,269 $ 120,581,016 Actual Percent of July 1 - February 28 Budget FY10 vs FY09 2008-2009 Received Variance $ 42,917,461 43.8% 3.1 % 39,293,216 49.2% -9.3 % 742,244 44.4% -30.3 % 957,191 66.8% 2.8 % 587,711 73.1% - 25.7 % 32,501,684 46.3% -1.5 % 5,611,116 59.3% -15.6 % 1,799,905 61.9% -9.3 % 33,333 100.0% - 23.2 % 361,287 62.8% -12.2 % $ 124,805,148 46.9% -3.4% STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Expenditure Budget $ 12,522,831 7,833,661 60,205,770 25,666,330 39,406,500 9,937,919 7,022,510 22,175,753 63,847,461 9,678,834 $ 258,297,569 Actual July 1 - February 28 2009-2010 $ 8,074,116 4,802,578 41,289,074 17,495,133 27,393,256 6,803,294 3,915,785 19,145,215 42,564,974 4,231 265 $ 175,714,690 Actual Percent of July 1 - February 28 Budget FYI vs FY09 2008-2009 Obligated Variance $ 8,684,329 64.5% -7.0 % 5,499,988 61.3% -12.7 % 42,003,447 68.6 %, -1.7 % 18,089,642 68.2% -3.3 % 27,171,446 69.5% 0.8 % 7,692,031 68.5% -11.6% 4,283,614 55.8% -8.6 % 18,853,572 86.3% 1.5 % 42,231,640 66.7% 0.8 % 5,020,542 43.7% -15.7 % $ 179,530,251 68.0% -2.1 % Transfers and Contributions Transfer from Capital Projects Fund 47,447 - Transfer from General Fund 1,009,050 1,234,050 Transfer to Debt Service (49,684) (50,559) Net Transfers and Contributions 1,006,813 1,183,491 Change in Net Assets $ (423,834) $ (981,104) NOTE: Differences in operating and accounting methods used by the City and Global Spectrum diminish th. meaningfulness of comparisons between FY09 and FY10 above the Operating Loss line. 2 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2010 (UNAUDITED) FY 2010 FY 2009 Operating Revenues Rentals $ 2,396,889 $ 459,564 Event Expenses 1,181,160 124,737 Advertising 68,264 60,586 Admissions Tax 323,202 172,130 Facility Surcharge/Ticket Rebate 268,686 162,806 Commissions 128,030 128,728 Ancillary 63,340 58,555 Miscellaneous 75,540 8,234 Total Operating Revenues 4,505,111 1,175,340 Operating Expenses Personal Services 727,421 1,091,045 Operating Expenses 4,010,671 1,244,428 Management Fees 211,594 - Depreciation 622,640 608,852 Total Operating Expenses 5,572,326 2,944,325 Operating Loss (1,067,215) (1,768,985) Nonoperating Revenues /(Expenses) Other 30,614 15,027 Investment Income 11,912 10,284 Interest Expense (405,958) (420,921) Net Nonoperating Expenses (363,432) (395,610) Loss Before Transfers and Contributions (1,430,647) (2,164,595) Transfers and Contributions Transfer from Capital Projects Fund 47,447 - Transfer from General Fund 1,009,050 1,234,050 Transfer to Debt Service (49,684) (50,559) Net Transfers and Contributions 1,006,813 1,183,491 Change in Net Assets $ (423,834) $ (981,104) NOTE: Differences in operating and accounting methods used by the City and Global Spectrum diminish th. meaningfulness of comparisons between FY09 and FY10 above the Operating Loss line. 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2010 (UNAUDITED) Operating Revenues Market Garage Elmwood Park Garage Center in the Square Garage Church Avenue Garage Tower Garage Gainsboro Garage Campbell Garage Williamson Lot Higher Ed Center Lot Market .Lot Elmwood Lot Warehouse Row Lot West Church/YMCA Lots Parking Violations (All Locations) Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues /(Expenses) Investment Income Interest Expense Net Nonoperating Expenses Income Before Transfers and Contributions Transfers and Contributions Transfers In Net Transfers and Contributions Change in Net Assets 3 FY 2010 FY 2009 $ 203,857 $ 238,306 344,307 342,299 188,939 185,707 422,330 448,060 272,349 336,588 86,451 83,752 20,203 12,344 60,808 56,414 35,759 39,924 14,507 15,271 54,334 49,198 24,255 19,858 17,513 17,513 28,505 13,980 1,774,117 1,859,214 844,627 844,999 557,104 544,743 1,401,731 1,389,742 372,386 469,472 15,054 39,794 (308,508) (333,061) (293,454) (293,267) 78,932 176,205 14,466 - 14,466 $ 78,932 $ 190,671 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2010 (UNAUDITED) Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Other Services and Charges Depreciation Total Operating Expenses Operating Loss Nonoperatina Revenues Investment Income Miscellaneous Net Nonoperating Revenues Loss Before Transfers & Contributions Transfers and Contributions Transfer in from Capital Projects Fund Transfer in from General Fund Net Transfers and Contributions Change in Net Assets (1) Funding for Market Building renovation. 4 FY 2010 FY 2009 $ 138,720 $ 150,285 138,720 150,285 156,439 445,998 66,432 67,119 222,871 513,117 (84,151) (362,832) 7,248 3,073 - 88 7,248 3,161 (76,903) 2,205,062 (1) 47,250 2,252, 312 $ 2,175,409 (359, 671) 120,000 17,500 137,500 $ (222,171) CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED FEBRUARY 28, 2010 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 FEBRUARY 28, 2010. BALANCE AT BALANCE AT BALANCE AT JAN 31, 2010 RECEIPTS DISBURSEMENTS FEB 28, 2010 FEB 28, 2009 CONSOLIDATED FUNDS $46,806,044.48 $22,795,057.72 $34,494,185.77 $35,106,916.43 $75,630,119.05 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING FEBRUARY 28, 2010. THAT SAID FOREGOING: -- CASH CASH IN HAND CASH IN WACHOVIA BANK CASH IN HOMETOWN BANK CASH IN VALLEY BANK INVESTMENTS: WACHOVIA OVERNIGHT SWEEP ACCOUNT LOCAL GOVERNMENT INVESTMENT POOL SMITH BARNEY GOVERNMENT MONEY MARKET FUND CERTIFICATES OF DEPOSIT U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL MARCH 16, 2010 $14,969.62 1,356,646.36 100.00 1,745.59 154,000.00 4,105,648.87 9,230,478.50 1,000,000.00 1,000,000.00 6,019,866.84 12,223,460.65 $35,106,916.43 EVELY . POWERS, TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2010 (UNAUDITED) Additions /(Reductions): Employer Contributions Investment Income Net Appreciation /(Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Gain /(Loss) Less Investment Expense Net Investment Gain /(Loss) Total Additions /(Reductions) Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase /(Decrease) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance February 28 n FY 2010 FY 2009 $ 7,195,073 36,881,783 3,433,297 40,315,080 300,817 40,014,263 $ 47,209,336 $ 18,531,831 307,843 18,839,674 28,369,662 $ 7,748,494 (106,973,596) 5,487,180 (101,486,416) 283,299 (101,769,715) $ (94,021,221) $ 17,394,970 310,534 17, 705, 504 (111,726,725) 266,428, 241 344, 383,415 $ 294,797,903 $ 232,656,690 Assets Cash Investments, at Fair Value Accounts Receivable Due from Other Funds Total Assets Liabilities and Net Assets Liabilities: Due to Other Funds Accounts Payable CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS FEBRUARY 28, 2010 (UNAUDITED) FY 2010 296, 851, 359 1,500,000 477 $ 298,351,836 FY 2009 $ 784,276 234, 067, 399 818 $ 234,852,493 $ 3,553,549 $ 2,195,761 384 42 Total Liabilities 3,553,933 2,195,803 Net Assets Held in Trust For Pension Benefits $ 294,797,903 $ 232,656,690 * Negative cash balance of $1,201,480 is reported as Due to Other Funds. Cash balance fluctuates based on the timing of transfers from Investments and is not reflective of a change in cash availability. 7 k)A -, IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 5th day of April, 2010. No. 38767 - 040510. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2010 tax year. WHEREAS, in accordance with the requirements set forth in Section 58.1 -3524 (C) (2) and Section 58.1 -3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or " PPTRA ") of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January 1, 2010, shall receive personal property tax relief, and, WHEREAS, this Resolution is adopted pursuant to Ordinance 37221- 101705 adopted by City Council on October 17, 2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000, or less. 2. That qualifying personal use vehicles valued at $1,001420,000 will be eligible for 67.23% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 67.23% tax relief on the first $20,000 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. 2 ATTEST: City Clerk. ANN H. SHAWVER, CPA Director of Finance April 5, 2010 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke,, Virginia 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita.J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: JOHN W. BINGHAM, CPA Assistant Director of Finance ANDREA F. TRENT Assistant Director of Finance Subject: Adoption of Tax Year 2010 Personal Property Tax Relief Percentage Background: The Personal Property Tax Relief Act ( PPTRA) provides relief to owners of personal use motor vehicles state wide. City Council adopted components of the amended Act in October 2005. The City uses the "Specific Relief' method to allocate the relief at the same percentage across the board to the first $20,000 of personal vehicle value. Vehicles valued at $1 ,000 and below are exempt from taxation. Considerations: City Council is required by the Commonwealth to adopt annually a resolution setting the percentage reduction in personal property for that year. City staff computed the effective reimbursement rate using the PPTRA Allocation Model, developed by a working group of local officials and used across the Commonwealth. The percentage reduction is calculated to distribute the $8,075,992 block grant allocation from the Commonwealth in the manner described above. The allocation model applies a five -.year average_ of personal property data to the vehicle levy from the last prior year. When the prior year levy and the calculated averages decrease, as is the case this year, the relief Honorable Mayor and Members of Council April 5, 2009 Page 2 percentage increases. In effect since there is a fixed grant amount, the lower the average levy, the larger share each taxpayer receives. The rate as computed for tax year 2010 is 67.23 %, up from the 2009 rate of 58.18 %. Recommended Action: Adopt the attached resolution which establishes the percentage reduction for personal property tax relief at 67.23% for the City of Roanoke for the 2010 tax year. Respectfully submitted, ON � Ann H. Shawver Director of Finance c: Honorable Sherman A. Holland, Commissioner of the. Revenue Honorable Evelyn W. Powers, Treasurer Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of April, 2010. No. 38768 - 040510. AN ORDINANCE to appropriate funding from Series 2010A and Series 2010B General Obligation Bonds to the Market Garage project and the Roanoke River Flood Reduction project respectively, amending and reordaining certain sections of the 2009- 2010 Parking and Capital Projects Funds 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 2009 -2010 Parking and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Parking Fund Appropriations Public Parking Facilities 07- 540 - 8262 -9286 $ 1,640,000 Capital Projects Fund Appropriations , Roanoke River Flood Reduction 08- 510 - 9527 -9327 2,645,000 Revenues General Obligation Bond Proceeds - Par 08- 110 - 1234 -1042 2,645,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: P4— o City Clerk. ANN H. SHAWVER, CPA Director of Finance April 5, 2010 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice -Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita.J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: JOHN W. BINGHAM, CPA Assistant Director of Finance ANDREA F. TRENT Assistant Director of Finance Subject: Allocation of Bond Proceeds from the Sale of General Obligation Public Improvement Bonds Series 2010A and 2010B Background: On March 3, 2010, the City of Roanoke issued new money bonds Series 2010A in the amount of $1,640,000 for the Market Garage project and Series 2010B in the amount of $2,645,000 for the Roanoke River Flood Reduction project. Additionally, as a result from favorable interest rates, the City was able to issue refunding bonds in the amount of $43,300,000 to refund portions of the Series 2002, Series 2004B, Series 2006A, and Series 2008 General Obligation Bonds. The True Interest Cost (TIC) was 2.71% with average amortizations in the 8 -11 year range, heavily influenced by the amount of bonds that were used to refund Series 2002 debt. The City successful bond sale was influenced by issuing one day following the City of Hampton which holds a stronger credit rating at AA2 /AA + /AA compared to the credit rating for the City of Roanoke of A- 1 /AA /AA. City financial advisors Public Financial Management, Inc. (PFM) and underwriters Morgan Keegan and Company teamed up on both bond sales, and Roanoke was able to obtain the benefits of market knowledge and oversales from the City of Hampton deal to achieve the strong pricing. Based on ratings, the City of Roanoke could have incurred interest rates of 0.40% more than the City of Hampton, instead, we held within 0.15 %. The bond refunding created $272,000 of savings in fiscal year 2011, $364,000 of savings in fiscal year 2012 and fiscal year 2013, and approximately $80,000 in every year thereafter. The present value savings of the refunding in aggregate was over $1.4 million or 3.42% of refunded par. The City of Roanoke Debt Policy calls for the City to Honorable Mayor and Members of Council April 5, 2010 Page 2 refund if Net Present Value (NPV) savings of 3% or more can be achieved. The total refunding savings of $1,747,000 will be shared among the City, Schools, Parking Fund and Western Virginia Water Authority in accordance with each party's share of the refunded bonds. In anticipation of the sale of the bonds, City Council has previously taken action to appropriate funds to project accounts so that projects could move forward. Funding of $1.64 million was appropriated for the Market Garage project and $2.645 million for the Roanoke River Flood Reduction Project. At the time, budget - placeholder entries were made that enable staff to maintain a proper record of appropriation of funds in advance of issuance. Upon sale of the bonds, it is now appropriate for a revenue estimate to be developed for proceeds from the sale of bonds and associated bond premium at which time the placeholder entries may be removed. Recommended Action: Adopt the accompanying budget ordinance to reflect the sale of bonds Series 2010A and Series 2010B. Sincerely, /W S&Aw� Ann H. Shawver Director of Finance c: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk R. Brian Townsend, Assistant City Manager' Sherman M. Stovall, Director of Management and Budget JoAnne Carter, Public Financial Management c� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day.of April, 2010. No. 38769 -040510. AN ORDINANCE approving and adopting a Retirement Incentive Option for City employees eligible for retirement; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. City Council hereby approves and adopts the Retirement Incentive Option transmitted to Council by the City Manager by letter dated April 5, 2010, and authorizes the City Manager to execute any documents and take such further action as may be necessary to implement the option. 2. Pursuant to § 12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. ATTEST: �)m - 1`vloatiJ City Clerk. ANN H. SHAWVER, CPA Director of Finance April 5, 2010 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable David L. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita,J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Retirement Incentive Option Background: JOHN W. BINGHAM, CPA Assistant Director of Finance ANDREA F. TRENT Assistant Director of Finance To reach a balanced budget for the fiscal year 2011, numerous City jobs will need to be unfunded or eliminated. As of this writing, at least sixty jobs are expected to be reduced in the upcoming budget. When City workers are displaced due to budget reductions, management works to place those employees in other vacant positions. For effective planning and to minimize the impact on services while generating vacant positions within the City work force, a retirement incentive option is a practical method to assist in the identification of potential vacancies. By an employee communicating his /her retirement plans with the City in advance of his /her actual retirement date, management is allowed an opportunity to make the most informed staffing decisions. An incentive program approved by City Council last year resulted in forty -six retirements. The recommended retirement incentive option offers a monetary incentive to employees who are or will be eligible to retire by .June 30, 2010. In exchange for the incentive, employees agree to retire by .July 1, 2010. Stipulations for participation include provisions for management's discretion to modify the retirement date within certain parameters, ineligibility for re- employment in a regular full -time or part -time position for a period of one year, and an irrevocable contract to be submitted between April 14, 2010 and 5:00 PM May 14, 2010. A lump -sum cash payment of $300 per full year of creditable service up to a maximum payment of $9,000 will be offered to eligible participants, payment to be provided upon retirement. Funding for the payment will be provided through General Fund Honorable Mayor and Members of Council May 5, 2009 Page 2 salary lapse or existing funding in other funds of the City as applicable. The retirement incentive is expected to have a positive budgetary impact over the long term as tenured, higher paid employees leave the organization. Recommended Action: Approve the attached ordinance to authorize the Retirement Incentive Option Plan and authorize the City Manager to take such further action and execute such other documents as may be necessary to'administer the retirement incentive option. Respectfully submitted, Ann H. Shawver Director of Finance Attachments c: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk R. Brian Townsend, Assistant City Manager James Grigsby, Assistant City Manager Carolyn H. Glover, Acting Director of Human Resources CITY OF ROANOKE RETIREMENT INCENTIVE OPTION Policy: A retirement incentive is being offered for a limited time to eligible employees to mitigate financial issues impacting the City during these difficult economic times. I. Intent The City of Roanoke Retirement Incentive Option is available to employees who qualify for "normal retirement" as of April 30, 2010, as defined by the Employee's Supplemental Retirement System (ESRS), Employees' Retirement System (ERS), Virginia Law Officer's Retirement System (VALORS), or the Virginia Retirement System (VRS) as applicable. There is no intent to offer this option beyond this date. It is the sole responsibility of the participant to determine how the election of this retirement incentive will affect his or her financial situation. Participants should contact the Retirement Office for assistance in retirement planning. II. Objectives The objectives of this option are: A. To assist in the mitigation of a challenging FY 2011 budget development and balancing process and its potential impact on the City workforce. B. To provide the City with increased flexibility in the allocation of positions among the departments. III. Participation Eligibility To be eligible to participate in this option, a participant/member must meet the definition of "Normal Service Retirement" as defined by their respective retirement plan, as summarized below: ESRS — Employees' Supplemental Retirement System — participants /members must attain age sixty -five (65) with five (5) years of creditable service or attainment of age fifty (50) and any combination of age and creditable service totaling not less than the sum of eighty (80). For firefighters and deputized police officers, the earlier of attainment of age sixty -five (65) and five (5) years of creditable service or the attainment of age forty -five (45) and any combination of age and service totaling not less than seventy (70). ERS — Employees' Retirement System — participant must be age sixty (60) or the age at which thirty (30) years of creditable service is met. VALORS — Virginia Law Officer's Retirement System - participant must be age sixty (60) with a minimum of five (5) years of creditable service or age fifty (50) with at least twenty -five (25) years of creditable service. VRS — Virginia Retirement System - participant must be age sixty -five (65) with at least five years of service or age fifty (50) with at least thirty (30) years of service. Approved 212109 IV. Retirement Decision Agreement The Retirement Decision Agreement ( "Agreement ") permits eligible employees to enter into an arrangement to retire at a specified date between May 1, 2010, and July 1, 2010, in return for which the City will provide the individual a retirement incentive. The Agreement conditions are as follows: A. Employees may select a preferred effective date of their retirement during the dates specified above; however, in the interest of continuity of service to citizens, management has the discretion to modify the actual effective date, which date shall not be later than July 1, 2010. B. The Agreement is irrevocable. C. Participants will not be re- employed by the City in a regular full -time or regular part -time position for a period of one year following the effective date of retirement. V. Incentive Options A lump sum cash payment option of $300 per full year of creditable service up to a maximum payment of $9,000. VI. Participation Requirements A. Eligible employees must submit a signed Agreement for the retirement incentive within the period of April 14, 2010, until close of business May 14, 2010, at 5:00 p.m. EST. B. The Agreement must be signed by the applicant during the same period as outlined in A. above. C. Once the Agreement is signed it is irrevocable. D. In the event the employee becomes permanently and totally disabled after signing the Agreement, but before actual retirement, the City will be responsible for providing the retirement incentives beginning at the time of retirement agreed to in the Contract. However, in the event an employee dies after signing the Agreement, but before the actual retirement, the City shall not be liable for any retirement incentives under the agreement. Approved 212109 RETIREMENT DECISION AGREEMENT This Retirement Decision Agreement (the "Agreement ") made this day of 12010, by the City of Roanoke (City) and (Participant). WHEREAS, Participant desires to participate in the City of Roanoke's Retirement Incentive Option (the "Option "); WHEREAS, the Option is intended to provide an incentive and opportunity for the retirement of eligible employees in an effort to mitigate financial issues impacting the City; and WHEREAS, the parties acknowledge that participation in the Option shall be consistent with the Retirement Incentive Option Policy adopted by City Council at its April 5, 2010, meeting. THEREFORE, in consideration of the premises, and of the mutual covenants contained in this Agreement, the Participant does hereby apply for participation in the Option and the parties agree as follows: I. PARTICIPATION REQUIREMENTS AND RESTRICTIONS. A. Participation in this Option is only available to employees of the City of Roanoke, the City of Roanoke Commonwealth Attorney's Office, the Circuit Court Clerk's Office for the City of Roanoke, the City of Roanoke Sheriff's Office, the City of Roanoke Treasurer's Office and the City of Roanoke Commissioner of Revenue's Office who qualify for "normal service retirement" as of June 30, 2010, as defined by the Employee's Supplemental Retirement System (ESRS), Employees' Retirement System (ERS), Virginia Law Officer's Retirement System (VALORS), or the Virginia Retirement System (VRS), as applicable. B. In order to participate in this Option all eligible participants must sign and submit this Agreement to the City of Roanoke's Human Resource Department within the period of April 14, 2010, until the close of business May 14, 2010, at 5:00 p.m. EST. C. In order to participate in this Option, the Participant must retire from the City on one of the following effective dates: May 1, 2010, June 1, 2010, or July 1, 2010. D. Once this Agreement is signed by the Participant, it is irrevocable. E. In the event the Participant becomes permanently and totally disabled after signing this Agreement, but before actual retirement, the City will provide the retirement incentives beginning at the time of retirement agreed to in this Agreement. However, in the event an employee dies after signing this Agreement, but before the actual retirement, - the City shall not be liable for any retirement incentives. F. The Participant agrees that Participant will not be re- employed by the City in a regular full -time or regular part-time position for a period of one `(1) year following the effective date of retirement. Page 1 of 3 II. PARTICIPATION ELIGIBILITY. To be eligible to participate in the Option, the Participant must meet the definition of "Normal Service Retirement" as defined by Participant's respective retirement plan, as summarized below: ESRS — Employees' Supplemental Retirement System — participants /members must attain age sixty - five (65) with five (5) years of creditable service or attainment of age fifty (50) and any combination of age and creditable service totaling not less than the sum of eighty (80). For firefighters and deputized police officers, the earlier of attainment of age sixty -five (65) and five (5) years of creditable service or the attainment of age forty -five (45) and any combination. of age and service totaling not less than seventy (70). ERS — Employees' Retirement System — participant must be age sixty (60) or the age at which thirty (30) years of creditable service is met. VALORS — Virginia Law Officer's Retirement System - participant must be age sixty (60) with a minimum of five (5) years of creditable service or age fifty (50) with at least twenty -five (25) years of creditable service. VRS — Virginia Retirement System - participant must be age sixty -five (65) with at least five years of service or age fifty (50) with at least thirty (30) years of service. III. EFFECTIVE DATE OF RETIREMENT. The effective date of Participant's retirement is 2010. (The retirement date must be May 1, 2010, June 1, 2010 or July 1, 2010.) IV. INCENTIVE BENEFIT. The Incentive Benefit available to eligible participant is the Lump sum payment of $300 per full year of creditable service up to a maximum payment for thirty (30) years of credible service or a maximum lump sum payment of $9,000. This Incentive Benefit is subject to federal, state and FICA tax withholding. V. ADDITIONAL TERMS. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Page 2 of 3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by the parties. Participant's Name: Position: Address: City, State, Zip: PARTICIPANT INFORMATION Department: By signing below the Participant hereby agrees to be bound by the terms and conditions of this Agreement as well as the requirements set forth in the Retirement Incentive Option Policy. WITNESS Printed Name PARTICIPANT Printed Name FOR OFFICE USE ONLY: Date Submitted to Human Resources Department: FUNDING CERTIFIED: Director of Finance CITY OF ROANOKE, VIRGINIA City Manager Page 3 of 3 �4 I„ STEPHANIE M. MOON, CMC City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk @roanokeva.gov April 7, 2010 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 5, 2010, you were appointed to fill the unexpired term of Darlene L. Burcham as a non - elected City representative of the Roanoke Valley - Alleghany Regional Commission ending .June 30, 2012. 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, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Christopher P. Morrill April 7, 2010 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 as a non- elected City representative of the Roanoke Valley Allegheny Regional Commission. Sincerely, 144�� _n • 0 Stephanie M. Moon, CMC City Clerk Attachment pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifth day . of April 2010, CHRISTOPHER P. MORRILL was appointed to fill -the unexpired term. of Darlene L. Burcham as a non - elected City representative of the Roanoke Valley Allegheny Regional Commission ending June 30, 2012. Given under my hand and the Seal of the City of Roanoke this seventh day of April 2010. _; q" k''l,lfv�b� City Clerk of� CITY OF ROANOKE ` OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk April 9, 2010 Ms. Valerie L. Garner 2264 Mattaponi Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Garner: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk A communication from the City Clerk advising of your resignation as member of the Roanoke Neighborhood Advocates, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 5, 2010. The Members of City Council requested that I express sincere appreciation for your service to the City of Roanoke as a member of the Roanoke Neighborhood Advocates from August 4, 2008 to April 5, 2010. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: ,Jeff Campbell, Chair, Roanoke Neighborhood Advocates, 424 Highland Avenue S.W., Roanoke, Virginia 24016 Robert A. Clement, Jr., Neighborhood Services Coordinator, Neighborhood Support Jonathan E. Craft, Deputy City Clerk I K f � f. c �C r Pi a b 0 d n 0 � o o z z x o 171 o �a �x b r � N O z ° d d 0 0 �Z 0 z� [It� Cori �C) 0OW o p C °° a x dm 0 CrJ C/1 � m ►Z3 d o C� y C� y t� O b n O