HomeMy WebLinkAboutCouncil Actions 12-06-10
ROSEN
39012-120610
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ROA1\OKE
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ROANOKE CITY COUNCIL
, ROANOKE REGIONAL AIRPORT COMMISSION
DECEMBER 6,2010
9:00 A.M.
EOC CONFERENCE ROOM
ROOM 159
AGENDA
1. Call to Order -- Roll Call.
City Council - All Present
Roanoke Regional Airport Commission - All Present
2.
Welcome and Opening Remarks:
Mayor Bowers
Chairman Minnix
3. Items for Discussion:
· Storm Water Utility Fees
· Future of the Smart Way Bus
· Snow/ice removal on the Hershberger/Aviation Drive flyover
· Use of Runway Protection Zone in conjunction with the Countryside Property
· Parking issues at the Airport
· Access to runway in order to deplane and board airplanes
· Service and fares compared to Lynchburg Regional Airport
· Lynchburg's separation of service by Delta
· Aviation and Towne Square Improvements
4. Comments by Council Members/Commission Members.
5. Recess/Adjourn - 10:11 A.M.
1
THE COUNCil MEETING RECONVENED AT 10:21 A.M. TO DISCUSS THE
FOllOWING AGENDA ITEMS:
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. (7-0)
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE
CITY SCHOOL BOARD TO BE HELD ON JANUARY 3,2011, at 9:00 AM., IN THE EOC
CONFERENCE ROOM, ROOM 159, NOELC. TAYLOR MUNICIPALBUILDING. Agenda)
items to be submitted to the City Clerk.
ITEMS LISTED ON THE 2:00' P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA None.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. None.
BRIEFINGS:
. Orange Avenu'e Widening
. Snow Removal
. CIP Follow-up
15 minutes
30 minutes
60 minutes
AT 1 :35 P.M., THE COUNCil MEETING WAS DEClARED.lN RECESS FOR A CLOSED
MEETING.
AT 1:42 P.M., THE MEETING RECONVENED IN ROOM 159, AND WAS RECESSED
UNTil 2:00 P.M., IN THE COUNCil CHAMBER.
'CERTIFICATION OF CLOSED MEETING. (7-0)
2
ROANOKE CITY COUNCIL
REGULAR SESSI.ON
DECEMBER 6,2010
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by Mayor David A Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, December 9 at 7:00 p.m., and Saturday, December 11 at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
MAYOR BOWERS WILL HOST A HOLIDAY OPEN HOUSE IN THE MAYOR'S
OFFICE ON MONDAY. DECEMBER 20. BEGINNING AT 1 :00 P.M.. WITH
BREAKS DURING THE COUNCIL SESSION. THE PUBLIC IS INVITED TO
ATTEND FOR HOLIDAY GREETINGS.
3
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.
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.CLlCK ON THE GOVERNMENT
ICON.
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.
PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CONTACT 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 MAY
CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S
HOMEPAGE TO OBTAIN AN APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING VACANCIES:
BOARD OF ZONING APPEALS - ONE VACANCY
TOWING ADVISORY BOARD - TWO VACANCIES
4
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A resolution naming W. Lee Wilhelm, III, as the 2010 Citizen of the Year.
Adopted Resolution No. 39012-120610 (7-0). Presented ceremonial copy to Mr.
Wilhelm.
A resolution in support of the Wilderness Road organization to develop and promote
the Wilderness Road: Virginia's Heritage Migration Route including the Daniel
Boone Wilderness Trail, and the spur Fincastle Turnpike and Carolina Road routes,
as Virginia Byways and National Scenic Byways. Adopted Resolution No. 39013-
120610 (7-0). Presented copy to Landon Howard, Executive Director, Roanoke
Valley Convention and Visitors Bureau.
Recognition of the Office of Communications in receipt of the Public Relations
Society of America (PRSA), Blue Ridge Chapter Summit Awards. Recognized
Elaine Bays, RVTV Station Manager and Melinda Mayo, Public Information
Officer.
Recognition of the Constitutional Officers with regard to a positive compliance
standing from the Commonwealth of Virginia Auditor of Public Accounts.
Recognized the Constitutional Officers.
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.
The following individuals appeared before the Council:
Colonel Robert Craig
Robert Gravely
4.
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE MEMBERS OF' CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION
OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C~ 1 Minutes of the regular meetings of Council held on Monday, October 18,
2010, Monday, November 1, 2010 and Monday, November 15, 2010.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
5
REGULAR AGENDA
5. PUBLIC HEARINGS:
a. Proposal of the City of Roanoke to lease approximately 3,000 square feet of
City-owned property located in the Center in the Square Parking Garage to
The Orvis Company, Inc., to be used as a retail business, for an initial term
of five years, commencing January 1, 2011. Christopher P. Morrill, City
Manager. Adopted Ordinance No. 39014-120610 (7-0).
6. PETITIONS AND COMMUNICATIONS:
a. Presentation of Annual Progress Report. Owen Shultz, Vice-President of
Planning and Program Development, Total Action Against Poverty, (TAP).
(Sponsored by Council Members Lea and Rosen) Mr. Shultz showed a
video highlighting TAP's 2010 activities.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1 . Acceptance and appropriation of funds in connection with the
Bulletproof Vest Partnership Grant from the U. S. Department of
Justice. Adopted Resolution No. 39015-120610 and Budget
Ordinance No. 39016-120610 (7-0).
2. Approval of December 27,2010 as additional holiday time for all City
employees in recognition of outstanding service throughout the year.
Adopted Resolution No. 39017-120610 (7-0).
3. Execution of Amendment NO.3 to the Fiscal Year 2008-2009 CDBG
Agreement with Rebuilding Together, Roanoke, Inc. Adopted
Resolution No. 39018-120610 (6-0 Inasmuch as Mayor Bowers
serves on the Board for Rebuilding Together, Roanoke, Inc., he
abstained from the vote)~
6
4. Execution of an agreement between the City of Roanoke and the
Roanoke Regional Airport Commission for Aviation Drive and Towne
Square Boulevard intersection' improvements; execution of
Amendment No.3 with Mattern and Craig for additional professional
services in connection with improvements; and appropriation of funds.
Adopted Ordinance No. 39019-120610, Resolution No. 39020-
120610 and Budget Ordinance No. 39021-120610 (7-0).
COMMENTS BY CITY MANAGER.
b. DIRECTOR OF FINANCE:
1 . Financial Reports for the City of Roanoke for the months of July
through October 2010; and Financial Report for the Roanoke City
Public Schools for the month of September 2010. Received and
filed.
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.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
Appointed Gail Kinzer as a member of the Fair Housing Board to fill the
unexpired term of Marie Green ending June 30,2012.
Reappointed Michael P. Wright as a member of the Towing Advisory Board for
a three-year term of office ending October 31, 2013.
Reappointed Henry Scholz and appointed Kermit Hale as members of the City
Planning Commission for four-year terms of office ending December 31,2014.
12. ADJOURN - 3:53 P.M.
7
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
DAVID A. BOWERS
Mayor
December 6, 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,
s;QJ
David A Bowers
Mayor
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I3n'efinJ No, ..3
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Capital Improvement
Program (CIP)
Follow-Up From November 1
~
ROANOKE
December 6, 2010
'Briefing Focus
Follow-Up Items - November 1 Briefing
· Elmwood Park Amphitheater
· Storm Water Utility/Storm Drains
· Roanoke River Greenway - Bridge Street to Salem
· Virginia Museum of Transportation
· Required Project Activities
· Priority Setting
· Next Steps
2
1
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Elmwood Park Amphitheater
Conceptual Design (view from Elm Avenue)
GRIMSHAW
RED UGIlT IMNAGtMEllT
SPECTECHNOLMIES
3
Elmwood Park Amphitheater
Project Elements
· Covered Amphitheater
· Seating - 5,000
. 3,000 fixed seats
· 2,000 lawn seats
· Stage House
· Restrooms
· Concession Space
· Capital Cost - $14.2 million
· $1.2 million for architectural and engineering (FY
2012)
· $13 million for construction (FY 2014)
· Potential Operating Subsidy
· Depending upon operating model
4
C;T:?v)i.ld ?() J3H ()1. )M31:1 }..lD
2
Storm Drains
· Total Identified Needs - $58.9 million
· Top 5 Projects - $1.13M
cost
· Moomaw Heights -
Camille Avenue and
Glades Street NW
· Westover Avenue
· Shenandoah Valley
Avenue NE
· Moran Street SE
· Fresno Street NW
5
Storm Water Utility
· Focus on environmental stewardship
· Storm Water regulations
· Prior Activity
· Community meetings held to discuss storm water utility
· Consultant engaged to assist with developing proposed rate
structure
· On January 19, 2010, City Council held a public hearing
regarding creating a Storm Water Utility; ordinance was tabled
after the public hearing
· Pending items for consideration include a proposed rate and
an effective date
· Tabled ordinance permits a rate of up to $3 per Equivalent
Residential Unit (ERU) per month; includes system of credits
for properties already providing storm water management
· $3 rate would generate approximately $3.6 million in annual
revenue
· Revenue to be used to fund improvements on a "pay-go" basis6
3
I
Roanoke River Greenway
Bridge Street to Salem
· Initial cost estimate - $6
million (including property
acquisition)
· Elements to be
addressed include
environmental analysis,
right of way acquisition,
design, engineering and
construction
7
Roanoke River Greenway
Bridge Street to Salem
Funding Opportunities
· Federal transportation enhancement and
Transportation Investment Generating Economic
Recovery (TIGER) potential funding opportunities
Regional Greenways Commission
· Recently developed ad hoc fund raising committee
specifically for Roanoke River project
· Global goal is to raise private funds to supplement
city capital and/or federal enhancement grants
received by the City
8
4
'f;i...
Virginia Museum of Transportation
· Strategic Plan almost complete
· Full scope of facility improvements not complete
· Capital Campaign to begin in 2011; Goal anticipated to
be $4-5 million
· Anticipate requested commitment from the City of
Roanoke will be at least $750,000 over multiple years
9
On-Going Projects
Funding Appropriated
· Riverside Centre
· Greenways and Trails
· School Energy Projects
· Market Building Renovations
Additional Funding Needed
· VDOT Highway Projects
· Financial Application Integration
· Digital Radio Upgrade (Debt Issuance in FY 2012)
10
5
.....
Priority Setting
· Maintain Current Capital Assets
· Infrastructure Investment for Livability and Economic
Development
· Bridge Renovation/Replacement
· Curb, Gutter and Sidewalk
· Streetscape Projects
· Storm Drains
· School Maintenance
· Targeted Livability Investments
· Parks and Recreation Master Plan
· Libraries
'Investments made within parameters of debt limitations11
Next Steps
· Develop recommendations for revised spending plan
· Timeframe: February-March
12
6
0/1 .9/eJo/ation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of December, 2010.
No. 39012-120610.
A RESOLUTION naming W. Lee Wilhelm, Ill, as Roanoke's Citizen of
the Year for 2010.
WHEREAS, Mr. Wilhelm has served Roanoke personally and
professionally in a variety of ways with a life-long dedication and commitment to
making his community a better place;
WHEREAS, Mr. Wilhelm has served six years as President of the Board of
Directors of the YMCA of Roanoke Valley; seven years as Chairman of the Total
Action Against Poverty This Valley Works Board of Commissioners; thirteen
years as a member of the Council of Community Services Board; four years as
Treasurer of the United Way of the Roanoke Valley; five years as a member of
the Roanoke Regional Chamber of Commerce Board of Directors, including
Vice-Chair, Chair-Elect, Chair and Past-Chair of Economic Development; and
is a lifelong member of St. John's Episcopal Church;
WHEREAS, Mr. Wilhelm's generous and selfless contributions to the
community have improved the quality of life for citizens of Roanoke by providing
state-of-the-art facilities to address fitness and health needs, self sufficiency
through education and employment skills training, innovative methods to
address environmental concerns, and skilled workers for employers;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that W. Lee Wilhelm, Ill, is named Citizen of the Year for 2010 in the City of
Roanoke, Virginia.
\,
"-
'"
ATTEST:
~)y). ~
Stephanie M. Moon, CMC
City Clerk
"
APPROVED
~~
David A. Bowers
Mayor
,.--
'~"', '. .
,;-
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<~~~~~~~~~~~-~&~~i
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: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
December 7, 2010
Landon Howard, Executive Director'
Roanoke Valley Convention and Visitors Bureau
101 Shenandoah Avenue, N. E.
Roanoke, Virginia 24016-2044
Dear Mr. Howard:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
I am enclosing copy of Resolution No, 39013-120610 requesting designation of The
Wilderness Road: Virginia's Heritage Migration Route, from Winchester to Cumberland
Gap, and two applicable spurs - the Carolina Road and the Fincastle/Cumberland Gap
Turnpike - as Virginia Byways and National Byways.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 6,2010.
- Sincerely,
~ hi. n,~cMJ
Stephanie M. Moon, CMC l
City Clerk
Enclosure
pc: Christopher P, Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
-~'"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of December, 2010.
No. 39013-120610.
A RESOLUTION requesting designatIon of The Wilderness Road: Virginia's
Heritage Migration Route, from Winchester to Cumberland Gap, and two applicable
spurs - the Carolina Road and the Fincastle/Cumberland Gap Turnpike - as Virginia
Byways and National Byways.
WHEREAS, from 1775 to 1810 nearly 300,000 settlers traveled through Virginia
to the Cumberland Gap, a westward migration significant to Virginia history and to the
development of the United States of America;
WHEREAS, this historic migration of early pioneers followed closely what are
now Routes 11, 58, and 23 from Winchester to Cumberland Gap (including the Daniel
Boone Wilderness Trail - Route 58 from Moccasin Gap to Cumberland Gap), as well as
other "spur" migration routes, such as the Carolina Road along Route 220 and the
Fincastle Turnpike along Routes 42, 61, 19,460, 71 and 72;
WHEREAS, these migration routes are now being developed as driving routes
and trails to preserve, interpret and promote the history, heritage, and culture ofthe early
pioneer settlement and migration through Virginia, and the role that Virginia played in
the growth of our nation;
WHEREAS, the Wilderness Road organization has been formed under the
leadership and guidance of the Virginia Tourism Corporation to promote The Wilderness
Road: Virginia's Heritage Migration Route, including individual community loops for .
each locality, as a new tourism product to increase visitation and boost economic impact;
WHEREAS, the National Scenic Byways Program, part of the U.S. Department
of Transportation, Federal Highway Administration, is a grass-roots collaborative effort
established to help recognize, preserve and enhance. selected roads throughout the United
States;
WHEREAS, the Wilderness Road: Virginia's Heritage Migration Route~ the
Carolina Road, and the Fincastle/Cumberland Gap Turnpike embody the intrinsic
archeological, cultural, historic, natural, recreational, and scenic qualities that support
designation as scenic byways; and
WHEREAS,. since 1992, the National Scenic Byways Program has provided
funding fOT almost 1,500 state and nationally desig~ated byway projects in 48 states.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City requests that the Virginia Department of Transportation and the
General Assembly of the Commonwealth of Virginia designate as Virginia Byways the
Wilderness Road: Virginia's Heritage Migration Route (including the Daniel Boone
Wilderness Trail), and the Fincastle Turnpike and Carolina Road spur routes;
2. The City requests that the U.S. Department of Transportation, Federal
Highway Administration, and United States Secretary of Transportation designate as
National Byways the Wilderness Road: Virginia's Heritage Migration Route (including
the Daniel Boone Wilderness Trail) , and the spur Fincastle Turnpike and Carolina Road
routes.
3. The City fully supports the efforts of the Wilderness Road organization to
develop and promqte the Wilderness Road: Virginia's Heritage Migration Route
including the Daniel Boone Wilderness Trail), and the spur Fincastle Turnpike and
Carolina Road routes, as Virginia Byways and National Scenic Byways.
, ,
ATTEST:
~ 1?;.IY;D6ft}
City Clerk. L
Mayor's Script
Recognition of Office of Communications Awards
City Council would like to recognize the city's Office of Communications for several
awards received this year on behalf of the City of Roanoke.
Staff includes: Public Information Officer Melinda Mayo; Public Information Specialist
Christina Koomen; and Marketing and Information Specialist Leah Goodman. Please
come forward at this time.
Also, we have asked Elaine Bays-Murphy, the RVTV the Cable Access Director, to
come and be part of this recognition, and I invite Elaine to come forward as well.
At the Public Relations Society of America, Blue Ridge Chapter Summit Awards gala on
Thursday, Nov. 18, the city's Office of Communications was honored with three awards:
. The Silver Summit Award in the Interactive/Audiovisual Category for "Inside
Roanoke," the city's monthly show which is produced by RVTV Channel 3.
Melinda Mayo is the host for "Inside Roanoke," and Elaine Bays-Murphy is the
producer of this show.
. The Silver Summit Award in the Print Publications Category for "PLAY," the city's
Parks and Recreation magazine, Leah Goodman is the Editor of this publication;
and
. . The Gold Summit Award in the Print Publications Category for the 2010
"Municipal Calendar." Christina Koomen is the Managing Editor of this
publication, and Melinda Mayo is the editor,
These are in addition to two national awards the Office of Communications received
from the City-County Communications and Marketing Association (3CMA) in Atlanta this
September. Those awards include:
· The Award of Excellence in the TV Interview/Talk Shows Category for "Inside
Roanoke"; and
. The Silver Circle Award in the Print Publications/Magazine Category for "PLAY."
The Office of Communications has received numerous awards for its publications and
projects over the years, but rarely do they receive five awards in one year,
City Council expresses its appreciation to the Office of Communications, and their
commitment to create these and other quality city publications and projects, Their efforts
not only offer outstanding communications to the citizens of Roanoke, but bring
recognition to the City of Roanoke as an organization that is a leader among local
governments in best practices.
01c
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of December, 2010.
No. 39014-120610.
AN ORDINANCE authorizing the City Manager to execute a lease
agreement with The Orvis Company, Inc., for approximately 3,000 square feet of
space in the Center in the Square Parking Garage, located on Campbell Avenue,
S.B., Roanoke, Virginia, for the purpose of operating a retail business; and
dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on December 6, 2010, pursuant to
SS15.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which
hearing all parties in interest and citi~ens were afforded an opportunity to be,
heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council ofthe 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 The Orvis Company, Inc., for the lease of approximately 3,000
square feet of space in the Center in the Square Parking Garage, located on
Campbell Avenue, S.E., Roanoke, Virginia, for a retail business, for a term of five
years, commencing January 1, 2011, and ending December 31,2015, as further
described in the City Manager's report to Council dated December 6, 2010.
2. The annual base rent for the first year shall be $11,118.72, with
monthly rental payments. in the amount of $926.56. The base rent shall be
increased each year at the rate of three percent (3.0%). In addition to the base
rent, the City shall receive additional rent in an amount equal to one and one-
quarter percent (1.25%) of the gross revenue The Orvis Company, Inc., generates
from sales on the premises the previous year.
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:
M~Yn.m~~
City CIerI(
K:\David\Counci1 Work\O-Orvis Company 1ease.12-6-2010,doc
2
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Hon'orable Mayor and Members of City Council
December 6,2010
Renew Lease for The Orvis Company, Inc., a Vermont
Corporation
Backg rou nd:
The Orvis Company, Inc., currently leases approximately 3,000 square feet of
retail space from the City of Roanoke. This retail space is located on Campbell
Avenue, SE, in what is commonly known as the Center in The Square Parking
Garage. The Orvis Company, Inc., has leased this space since 1986, most
recently on a month to month basis. Orvis has expressed an interest in
entering into a five~year lease with a monthly base rent of $926.56 in the first
year. In addition to the monthly base rent, Orvis will pay annually an amount
equal to one and one-quarter percent (1.25%) of the gross revenue it generates
from sales on the premises each year. The monthly base rental payment will be
increased each year at a rate of three percent (3%) as indicated in the chart
below.
PERIOD Monthly Rent Annual Rent
January 1, 2011 - $926.56 $11 ,11 8.72
December 31,2011
January 1, 2012 - $954.36 $11,452.32
December 31, 2012
January 1 , 2013 $982.99 $11,795.88
December '31, 2013
January 1, 2014 $1,012.48 $12,149.76
December 31, 2014
January 1, 2015 $1,042.85 $12,514.20
December 31, 2015
Recommended Action:
Authorize the City Manager to execute a lease agreement with The Orvis
Company, Inc., for approXimately 3000 square feet of space in the Center In
The Square Parking Garage, located on Campbell Avenue, SE, for a period of five
years, commencing January 1, 2011 and expiring December 31, 2015. Such
leas i att ched and shall be approved as to form by the City Attorney.
CHRISTOPHER P. MORRILL
City Manager
LEASE AGREEMENT
THIS LEASE AGREEMENT. made and entered in duplicate on this
day
of,
2011, by and between the CITY OF ROANOKE, VIRGINIA, a municipal
corporation organized under the laws of the Commonwealth of Virginia, hereinafter referred
to as "Lessor", and THE ORVIS COMPANY, INC., a Vermont Corporation, hereinafter
referred to as "Lessee";
WHEREAS, the Lessor owns certain property in Roanoke, Virginia, commonly,
referred to as the Market Square Parking Garage, "hereinafter referred to as the "Garage"
located on Campbell Avenue in the downtown area of the City,
WHEREAS, the Lessee desires to lease approximately 3,000 square feet of retail
space for the purpose of selling clothing and other items and products.
THEREFORE, IN CONSIDERATION of the recitals and mutual covenants contained
herein, the parties hereto agree as follows:
1. Leased Premises. Lessor hereby leases to Lessee, subject to and upon the
terms and conditions hereinafter set forth, those certain premises in the Garage consisting
of approximately 3,000 square feet of retail space and the. separate storage space
described as follows:
Hereinafter referred to as "Leased Premises" and identified as such
on the drawing labeled Center in the Square 1 which is attached to
and made a part of this Lease Agreement as Exhibit "A".
The Lessor agrees to hold in reserve three (3) parking spaces during the term of this lease
in the garage, the cost of which is to be paid by the Lessee, at the annual market rate. Such
parking permits, however, are not a part of this Lease.
2. Lessor's Warranties. Lessor represents and warrants that:
A. Lessor is the sole owner in fee simple of the Leased Premises and has full
right and power to grant the estate demised and to execute and perform this Lease;
B. The Leased Premises is .now and will remain free and clear of all
encumbrances created by Lessor which could adversely affect Lessee's leasehold estate;
C. As of the date of execution of this Lease Agreement, the intended use of the
Leased Premises for purposes stated herein is permitted by all applicable zoning laws and
regulations; and;
D. As of the date of execution of the Lease Agreement, to the best of Lessor's
knowledge, the Leased Premises complies with all applicable ordinances, regulations and
zoning and other laws, and the use of the Leased Premises for the retail sale of
merchandise is a permitted use.
3. Term of Lease. Lessee shall have and hold the Leased Premises for an initial
term of five (5) years commencing at 12:01 a,m" (2011). .
4. Rent. For the initial five -year term of this Lease Agreement, Lessee shall pay
to the Lessor, at the Lessor's Office of Billings and Collections, as rent, for the use of the
Leased Premises the sum of $ 926.56 per month ($11,118.72 per year), payable monthly in
advance, plus one and one-quarter percent (1.25%) of the gross revenue from sales made
from the Leased Premises each year which sum shall be payable within sixty (60) days of
the end of each calendar year. The monthly rental payment willHbe adjusted each yearfor
an increase of three percent (3%) of the amount of the monthly rental for the previous year.
There shall be excluded from gross revenue any sales tax or other similar tax,
uncollected funds, credit card fees and charges, credits or similar items due to merchandise
returns or exchanges, sales of trade fixtures, gift certificate sales (until redeemed), layaway
2
sales (until completed), charges for alterations, gift wrapping or other service done on a
non-profit basis, insurance recoveries, sales to employees and any catalog sales.
Lessor shall have the reasonable right to inspect Lessee's financial records to the
extent necessary to verify the amount of Lessee's yearly gross receipts from sales on the
Leased Premises.
5. Use of Premises. Lessee hereby agrees that the Leased Premises will be
used for the retail sale of clothing and other items and products and for operations in
conjunction with its catalogue sales operation, and that the Leased Premises shall not be
put to any other use without the prior written consent of Lessor.
6. Maintenance. Lessor, at its sole costs and expense, will service and maintain
repair or replace the structural foundation of the walls, exterior canopies, utility and service
lines, and roof of the Leased Premises and shall repair or replace any HV AC equipment
which requires replacement.
Lessee, at its sole cost and expense, will service and maintain the Leased Premises in good
repair, condition and appearance during the term of this Lease, ordinary wear and tear
excepted, and Lessee will make all non-structural changes of every kind or nature which
may be required to be made for any reason in conn~ction with Lessee's use of the Leased
Premises.
Lessee shall keep in good running order electric wiring, toilets, water pipes, water,
gas and electric fixtures; replace all locks, trimmings, glass and plate glass broken during
the tenancy, and unstop all water fixtures that may become choked. If there be any
elevators, escalators, lifts, machinery or appliances (herein called "equipment") on the
Leased Premises, Lessee shall care for, maintain, and repair same, and shall indemnify and
3
save harmless Lessor from any liability or claims for damages for injuries to persons and
property arising therefrom, except to the extent due to Lessor's sole negligence. Lessee
shall not make any alterations of, additions to or changes in the Leased Premises or
equipment without the prior written consent of Lessor, which consent shall not be
unreasonably withheld. Lessee further covenants and agrees that all signage and the
. '
general appearance of the Leased Premises shall be subject to the prior approval of the
Lessor, which approval shall not be unreasonably withheld. Lessee shall remove any
signage or other materials which negatively affect the general appearance of the Leased
Premises in the sole and exclusive discretion of Lessor. All permanent alterations, changes,
and improvements, by whomsoever made, shall be the property of Lessor. Nothing
contained in this paragraph shall be construed as requiring Lessor to make any repairs,
except repairs of a structural nature, and as specified earlier in this paragraph.
7. Inspection. Lessee shall permit Lessor or its authorized agents to enter the
Leased Premises for the purpose of inspection of any reasonable time or times and upon
reasonable notice during. the term of this Lease pr~vided, however, that such inspections,
shall not unreasonably interfere with Lessee's use and occupancy of the Leased Premises,
8. Utilities, Lessee shall promptly pay all fuel, water, gas, sewage, electricity,
lighting, and other bills as the same may become due, it being understood and agreed that
the Lessee shall promptly make all required deposits for meters and utilities services. The
Lessor agrees to install separate meters for all utilities which are Lessee's responsibility.
9, Insurance and Indemnification. Lessee agrees to pay and to protect,
indemnify and save harmless Lessor 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
4
or damages to property resulting from Lessee's use of the Leased Premises caused by any
act or omission of Lessee.
Lessee shall. at its cost and expense, obtain and maintain during the term of this
Lease comprehensive general liability insurance with companies of recognized standing,
including protection against bodily injury or death liability and property damage liability,
providing no less than $1,000,000.00 combined single limit of liability per occurrence, which
policies shall name Lessor as an additional insured, The Lessee shall furnish Lessor with a
certificate or certificates showing the type, amount, effective dates and date of expiration of
the required insurance policy or policies prior to and for the duration of the occupancy of the
Leased Premises. The certificate shall contain substantially the following statement "The
insurance covered by this certificate shall not be cancelled or materially altered, except after
thirty (30) days written notice has been received by the City of Roanoke."
10. Destruction of Premises. Lessee shall be responsible for insuring all personal
property, equipment, and trade fixtures, and Lessee shall hold Lessor harmless for said
items, if destroyed or damaged by fire or otherwise, unless caused by Lessor's negligence.
Lessor shall be responsible for and shall maintain fire and extended coverage
insurance on the Garage and the structural portions of the Leased Premises paid for by the
City at replacement cost in reputable insurance companies.
If the Leased Premises are damaged or destroyed in whole or in part by fire or other
casualty and the same can be repaired or restored within one hundred twenty (120) days
from the date of the damage, Lessor shall repair the Leased Premises within the said
period and, in that event, there shall be a proportional abatement of rent to the extent
Lessee is unable to conduct its business in a normal manner while Lessor repairs the
Leased Premises.
5
In the event the Leased Premises are damaged and destroyed and cannot be
repaired or restored within one hundred twenty (120) days from the date of the damage,
either Lessor or Lessee may terminate this Lease by giving written notice to the other within
thirty (30) days after the damage occurs, in which event this Lease shall terminate, and rent
shall abate in total from the date of such damage or destruction. If neither party elects to
terminate this Lease, Lessor shall proceed with due diligence to repair and restore the
Leased Premises and the rent shall abate in proportion to the extent Lessee is unable to
conduct its business in a normal manner from the date of such damage or destruction.
11. Eminent Domain. Eminent domain proceedings resulting in the condemnation
of part of the Leased Premises that leave the rest usable by Lessee for the purposes of the
business for which the Leased Premises are leased will not terminate this Lease, unless
Lessee at its option terminates it by giving written not!ce of termination to the other party.
The effect of such condemnation, should such option not be exercised, will be to terminate
the Lease as to the portion of the Leased Premises condemned and leave it in effect as to
the remainder of the Leased Premises, and the rent and utilities and charges fee provided
for herein shall be adjusted accordingly. Compensation awarded as a result of such
condemnation shall be that of Lessor, except to the extent that part of the award is allocated
and specifically identified as damages for the value of Lessee's leasehold estate, its trade
fixtures or to relocation costs. Lessor agrees not to use its power of eminent domain to take
all or any portion of the Leased Premises,
12. Assionment. Lessee shall not assign or transfer this Lease in whole or in
part, sublet or license the Leased Premises or any part thereof without the prior written
consent of Lessor, which consent shall not be unreasonably withheld, except that that
Lessee shall have the right without Lessor's consent to sublease or assign the Leased
6
Premises or any part thereof to a parent, subsidiary, or affiliate of Lessee to be used for the
purposes set out in Paragraph 5 above. If consent to assign or sublease is given, no such
assignment or sublease shall in any way release or relieve Lessee from any of its covenants
or undertakings contained in this Lease, and Lessee shall remain liable on this Lease during
the term thereof.
13. Force Maieure. The obligations of the parties hereunder shall be subject to
force majeure (which shall include lawful strikes, riots, floods, accidents, Acts of God, and
other causes or circumstances beyond the control of the party claiming such force majeure
as an excuse) for nonperformance of such obligations.
14, Default. It is understood and agreed by and between the Lessor and the
Lessee that if default be made in timely payment of rent set out in Paragraph 4, above, or
any part thereof, or in the event of breach by Lessor or Lessee of any of the covenants and
agreements herein contained, the aggrieved party may serve a written sixty (60) day notice
of default, specifying such default, on the breaching party. If such default is not remedied
within said sixty (60) days, this Lease Agreement shall automatically end and expire and
the premises shall automatically revert to Lessor, provided, however, if the default involves
the failure of Lessor to perform its maintenance obligations under Paragraph 6 and the
failure impairs Lessee's business operations, Lessor shall have a reasonable period of time
to cure notto exceed seven (7) days.
15. Taxes and Assessments. . Lessee agrees that it will be responsible for the
payment of any leasehold taxes or other legal taxes, charges or assessments imposed by
virtue of its occupancy of the Leased Premises.
16. Compliance with Laws. Lessee agrees to conform to and not to violate laws,
ordinances, rules, regulations, and requirements of federal, state, county, municipal, or
7
other governmental authorities and the various departments thereof now existing or
hereinafter created affecting Lessee's use and occupancy of the Leased Premises.
17. Lessee's Obliaation to Quit Premises. Lessee shall, upon the expiration or
termination of this Lease, peaceably quit and deliver to Lessor possession of the Leased
Premises in the same condition as of the date of commencement, normal wear and tear and
damage caused by fire or natural disaster excepted, and shall promptly clean up and
remove all personal property and non-fixture items on the Leased Premises. If Lessee fails
to vacate the Premises at the end of the term, Lessee shall become a tenant from month-to-
month at the monthly rent payable for the last month of the expiring term.
18. Fixtures. All fixtures, equipment, improvements, and appurtenances
permanently vacated to or built into the Leased Premises, whether or not by or at the,
expense of Lessee, and any personal property of the Lessor or installed by Lessor in the
Leased Premises shall be and remain a part of the Leased Premises and snail be deemed
property of the Lessor and shall not be removed by Lessee.
All movable partitions, other business and trade fixtures, furnishings, furniture,
machinery and equipment, communications equipment, and other personal property located
in the Leased Premises and acquired by or for the account of Lessee without expenses to
Lessor may be removed by Lessee at any time during the term hereof, provided that Lessee
shall repair any damage to the Leased Premises resulting from such removal to the
reasonable satisfaction of Lessor.
19, Peaceful Eniovment. Lessor covenants and agrees that if and so long as
Lessee shall pay the rent called for under this Lease as the same shall become due and
shall keep all the covenants and agreements required by it to be kept during the Lease and
8
shall perform all its other obligations hereunder. Lessee sl:1all have the peaceful and quiet
occupation and enjoyment of the Leased Premises.
20. Notices. Notices given under the terms of this Lease shalf be deemed
properly served if such notice is mailed by Certified United States Mail, Return Receipt
Requested; if to Lessor addressed to City Manager, City of Roanoke, Room 364 Municipal
Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011; and if to Lessee addressed
to The Orvis Company, Inc., 178 Conservation Way, Sunderland, Vermont 05250, Notice
mailed in accordance with the provisions hereof shall be deemed to have been given as of
the date of receipt or the third business day following the date of such mailing, whichever
date is earlier.
21. Covenants and Conditions. Each provision of this Lease shall be deemed to
be both a covenant and a condition running with the land unless otherwise provided.
22. Conveyances. If Lessor sells, conveys or passes title to the Leased Premises,
the Lessee shall be bound by the terms and conditions herein to the new owner of the
I
Leased Premises, and the new owner shall take title subject to this leasehold interest.
23. Severability. If any clause or provision of this Lease is or becomes illegal or
unenforceable because of present or future laws or rules or regulations of any governmental
body or entity, effective during the term of this Lease, the intention of the parties hereto is
that the remaining parts of this Lease shall not be affected thereby unless such clause or
provision is, in the reasonable determination of both Lessee and Lessor, essential and
material to their respective rights, in which event either party shall have the right to
terminate this Lease upon thirty (30) days' written notice to the other party.
24. Completeness of Aqreement. This document,. together with Exhibit "A"
constitutes the entire agreement between the parties and supersedes any prior
9
understanding or written or oral agreements between the parties respecting the within
subject matter. No changes Or modifications of any of the covenants, terms or conditions
hereof shall be valid unless in writing and signed by authorized officers of the parties hereto.
25, Successors and Assians. This Lease Agreement shall be binding upon the
parties and their successors and assigns.
26, Non discrimination. During the performance of this contract, the Lessee
agrees as follows:
Lessee will not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, sex, or national origin, except where religion,
sex, or national origin is a bona fide occupational qualification reasonably necessary to the
normal operation of the contractor. Lessee agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause. Lessee, in all solicitations or advertisements for employees
place,d by or on behalf of the Lessee, will state such Lessee is an equal employment
opportunity employer.
Notices. advertisements and solicitations placed in accordance with federal law, rule
or regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section,
Lessee will include the provisions of this Paragraph 26 in every subcontract or
purchase order for construction at the Leased Premises of over ten thousand dollars
($10,000.00), so that the provisions will be binding upon each subcontractor or vendor, Any
inadvertent failure by the Lessee to comply with the terms of this Paragraph shall not be
grounds for terminating this Lease Agreement.
10
11
agents and assigns to the extent of any recovery under a policy or policies of insurance, To
the extent necessary to effect the foregoing waiver of subrogation, each of the parties agree
to obtain from their respective insurance carriers endorsements to such policies of
insurance waiving the right of subrogation of the insurance carrier,
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day
and year first above written.
CITY OF ROANOKE, VIRGINIA
ATTEST:
Stephanie M. Moon, City Clerk
By
Christopher P. Morrill, City Manager
ATTEST:
THE ORVIS COMPANY, INC.
By
(title)
Printed Name:
Title:
Approved as to Form:
Assistant City Attorney
12
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The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
___~day of NOV 2010. itness my hand and
official seal.
tary Public
--,----_.-
.'--. t
\ NOTICE OF PUBLICI
\ HEARING '
The City of Roanoke!
pro p 0 s est 0 I e a s e,
approximately 3,000 squarel
\ feet of City-owned pr~pertyl
!Iocated in the Center In The,
Square Parking Garage at
I 11 Campbell Avenue,S,E,i
I Roanoke, Virginia, to The,
Orvis Company, Inc" to be
t used as a retail business,
I for an initial term of five,
I years, commencing January
1, 2011. !
I Pursuant to the
I requir'ements 01
'9915,2-1800 an,d,
, 15,2-1813, Code of Virginia,
(1950) as amended, noti~e,
is hereby given that t~e City
Council of the City 01
Roanoke will hold a public,
hearing o,n the,aboV€,
'matter at its regula!
meeting to be held o~\
I Monday, December 6
2010 commencing at 2:00
pm' in the, counCil
chambers, 4th Floor, Noe
C, Taylor Municipal Building,
215 Church Avenue, S,W,(
Roanoke Virginia, 24011(
Further'information is
1 available from the Office 01
I the City Clerk for the City 01
Roanoke at (540)
_ 853-2541. I
I 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 Cle'rk's Office at (540)
853-2541, before 12:00
, noon on Thursday,
I December 2,2010,
GIVEN under my hand this
,. 16th day of November,
~ 2010,
I STEPHANIE M, MOON
:_ CITY CLERK
t
i (12427039)
ft
~::...-_.-~
THE ORVIS COMPANY
178 CONSERVATION WAY
SUNDERLAND VT 05250
REFERENCE: 80176692
12427039
NPH-The Orvis Compan
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
PUBLISHED ON:
11/19
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TOTAL COST:
FILED ON:
193.44
11/19/10
-------------------------~------------------------+------------------------
Authorized
Signature:
~~-----,
Billing Services Representative
D~L
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 3,000 square feet of City-
owned property located in the Center in The Square Parking Garage at 11 Campbell
Avenue, S.E" Roanoke, Virginia, to The Orvis Company, Inc., to be used asa retail
business, for an initial term of five years, commencing January 1, 2011.
Pursuant to the requirements of SS15,2-1800 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, December 6, 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,
December 2,2010.
GIVEN under my hand this 16th day of November
,2010.
STEPHANIE M. MOON
CITY CLERK
,~
Notice to Publisher:
Publish in the Roanoke Times on Friday, November 19,2010.
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:
George Haskins
The Orvis Company
178 Conservation Way
Sunderland, Vermont 05250
(802) 362-3750
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S,w.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 240Il-1536
Telephone: (540) 853-2541
Fax: (540) 853-Il45
Council Members
William D. Bestpitch
Raphael E, "Ray" Ferris
Sherman p, Lea
Anita }, Price
Court G, Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
December 6, 2010
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We jointly sponsor a request of Owen Shultz, Vice-President of Planning and
Program Development, Total Action Against Poverty, (TAP), to present an annual
progress report at the regular meeting of City Council to be held on Monday,
December 6, 2010, at 2:00 p.m.
Sincerely,
~ rAP-
Sherman P. Lea
~
Court G. Rosen
Council Member
,,_..,..,..
SPUCGR:ctw
I)
TAP Services to the City of Roanoke. FY 2009-2010
Page 1 of 5
2009.2010 Total Action Against Poverty
Programs and Outcomes in the City Of Roanoke
A Report to the City Council
December 7, 2010
This section expresses the specific goals and objectives of service provision to the residents of the City of
Roanoke offered by TAP for the fiscal year 2009-2010, with a contract amount of $164,449. Quantitative
annual and quarterly goals are noted for each individual service. All numbers reflect unduplicated clients
residing in the City of Roanoke.
1. TVW (This Valley Worh) EDUCATION AND YOUTH SERVICES
GOAL 1 : To increase the educational attainment levet of low-income youth and adults, induding the non-English speaking population.
OBjECIlVES AND TIMETABLE
By End Of First Additions in the Additions in the Additions in the Cumulative, Percent of
A. Retum to Education Quarter (Sept, 2nd Quarter 3rd Quarter 4th Quarter End Of Present Objective
30) ending Dee. 31 ending Mar, 31 ending June 30 Reporting Completed
Quarter.
1. 100 public schools dropouts will be
located and counseled to encourage them 37 33 21 39 130 130%
to return to education.
2, Of the 100 dropouts located, 70 or 70%
will reenroll in public school or alternative 37 11 14 31 93 133%
education,
By End Of First Additions in the Additions in the Additions in the Cumulative, Percent of
B. Basic Education (GED and Literacy) Quarter (Sept, 2 nd Quarter 3 rd Quartet 4th Quarter End Of Present Objective
30) ending Dec, 31 ending Mar, 31 ending June 30 Reporting Completed
Quarter.
1. Of the 70 students enrolled in OED
training, 51 (or 73%) will enhance their
ed ucational skills by V2 to two grade levels as 34 12 15 30 91 178%
measured by the Test for Adult Basic
Education (T ABE),
2, Of the 51 students who have enhanced
their educational skills, 45 (or 88%) will 14 11 27 21 73 162%
either complete secondary education or will
obtain a OED certificate,
GOAL 2: To encourage post-secondary school enrottment for first-generation cottege-bound students,
B. College Access By End Of First Additions in the Additions in the Additions in the Cumulative, Percent of
Quarter (Sept, 2nd Quarter 3rd Quarter 4th Quarter End Of Present Objective
30) ending Dee. 31 ending Mar. 31 ending June 30 Reporting Completed
Quarter.
1. To provide college access services,
including workshops and college tours, to 145 0 0 0 145 145%
100 first-generation college-bound middle
and high school students.
2, Of those high school seniors (20)
enrolled in college access services, 85% (17) 0 0 0 32 32 188%
will graduate and enroll in post-secondary
education,
P:\RoanokeCity\2009-2010 Reports\4th Qtr COR Reports\AnnReportToCitycounciI12-10,doc
(
~
City of Roanoke/TAP Service Contract FY 2009-2010
Page 2 of 5
II. TVW EMPLOYMENT SERVICES
GOAL 1: To provide hands-on technical skills training to better prepare low-income individuals to obtain or retain employment.
OBjECI1VES AND TIMETABLE:
By End Of First Additions in the Additions in the Additions in the Cumulative, Percent of
A. Technical Skills Training Quarter (Sept, 2nd Quarter 3rd Quarter 4th Quarter End Of Present Objective
30) ending Dee. 31 ending Mar. 31 ending June 30 Reporting Completed
Quarter,
1. Of those enrolled in technical skills
training, 15 individuals will receive a
training certificate indicating that they 13 30 20 39 102 680%
have mastered a core competency in a
particular occupational field.
2, Of the 15 individuals receiving hard
skills training, 12 will obtain full- or part- 7 20 18 30 75 625%
time employment.
*Since the contract, we have added two additional training programs-CNA and Building Maintenance, which are
now included in our outcomes.
GOAL 2: To provide a variety of soft skills training, including job readiness and retention training, to better prepare low-income
individuals to obtain or retain employment.
By End Of Additions in Additions in Additions in Cumulative, Percent of
B. Job Readiness Training First Quarter the 2nd the 3rd the 4th End Of Objective
(Sept, 30) Quarter Quarter Quarter Present Completed
ending Dee, ending Mar, ending June Reporting
31 31 30 Quarter,
1. To provide job readiness and retention
training, including training in resume
writing, time management, and 97 105 94 130 426 213%
communication skills to 200 low-income
individuals,
2, Of the 200 individuals receiving job
readiness and retention training, 130 or 43 49 49 30 171 108%
65% will obtain full- or part-time
employment,
III Financial Services
GOAL 1: To provide services to low-income City of Roanoke residents to assist them in obtaining free tax services as well as learn about
and receive Earned Income Tax Credits,
By End Of Additions Additions Additions Cumulative, Percent of
EITC Tax Program First in the 2nd in the 3rd in the 4th End Of Objective
Quarter Quarter Quarter Quarter Present Completed
(Sept, 30) ending Dee, ending Mar, ending June Reporting
31 31 30 Quarter,
1. To assist 250 low-income City of Roanoke 0 0 603 331 934 374%
residents with free tax returns
2. Of that group, to assist at least 200 low-income
residents to apply for and receive Earned Income Tax 0 0 395 35 430 215%
Credits and Child Care Tax Credits,
Note that the total value to Roanoke residents 01 the tax program was over $650,000
;
City of Roanoke/TAP Service Contract FY 2009-2010
Page 3 of 5
IV. TRANSITIONAL LIVING CENTER (This section corrected 10/19/09)
GOAL 1: To provide comprehensive emergency and transitional housing services designed to assist participants in develoPing stable life
styles, stable income and independent living skills, (Note that applicants for TLC assistance self-report their last place of permanent
housing, and their length of stay in the City of Roanoke.
By End Of Additions Additions Additions Cumulative Petcent of
A. Transitional Housing Fitst in the 2nd in the 3td in the 4th , End Of Objective
Quartet Quartet Quartet Quartet Ptesent Completed
(Sept, 30) ending Dec, ending ending June Reporting
31 Mat, 31 30 Quarter.
1. Provide short-term (less than 60 days) housing, case
management, and life skills training for 30 persons who are 8 8 8 18 42 140%
homeless in the City of Roanoke.
2, Provide long-term (60 days or more) temporary housing,
case management, counseling and life-skills training for 50 35 2 5 6 48 96%
persons who are homeless in the City of Roanoke. *
By End Of First Additions in the Additions in the Additions in the Cumulative, Percent of
C. Placement in Permanent Housing Quarter (Sept, 2nd Quarter 3rd Quarter 4th Quarter End Of Present Objective
30) ending Dec, 31 ending Mar. 31 ending June 30 Reporting Completed
Quarter,
1. Assist 20 Transitional Living Center
residents in locating and moving into 3 12 4 12 31 155%
suitable, affordable permanent housing.
GOAL 2: To provide opportunities for homeless persons or families in Roanoke to develop and/or increase their income,
OBjECl1VES AND TIMETABLE:
By End Of First Additions in Additions in Additions in Cumulative, Percent of
A. Job Readiness and Placement Quarter (Sept, the 2nd the 3rd Quarter the 4th Quarter End Of Present Objective
30) Quarter ending ending Mar. 31 ending June 30 Reporting Completed
Dec, 31 Quarter,
1. Provide 20 adult employable TLC
residents with job readiness services, 9 3 8 2 22 110%
2, Assist in securing employment for at 3 2 6 1 12 100%
least 12 adult employable TLC residents,
3. Number still employed at the end of 1 2 4 1 N/A N/A
each quarter.
GOAL 3: To prevent transitioned TLC participants from becoming homeless again,
OBjECl1VES AND TIMETABLE:
By End Of First Additions in the Additions in the By End Of Cumulative, Percent of
A. Case Management Services Quarter (Sept, 2nd Quarter 3rd Quarter Fourth Quartet End Of Present Objective
30) ending Dec, 31 ending Mar, 31 Qune 39) Reporting Completed
Quarter,
1. Provide follow-up services for up to six
months, as needed, for 15 City of 5 9 1 7 22 147%
Roanoke TLC participants transitioned
to permanent housing,
2, 12 participants will remain in 3 20 4 8 35 292%
permanent housing for one year.
,
City of Roanoke/TAP Service Contract FY 2009-2010
Pa~e 4 of 5
v: OFFENDER SERVICES
GOAL 1: To assist in the effective transition of ex-offenders upon re-entry to the City of Roanoke.
OBjECI1VES AND TIMETABLE:
By End Of Additions in Additions in Additions in Cumulative, Petcent of
A. Needs Assessment, Counseling, and Life Skills First Quarter the 2 nd the 3rd the 4th End Of Objective
(Sept, 30) Quarter Quarter Quarter Present Completed
Training ending Dec, ending Mar. ending June Reporting
31 31 30 Quarter,
1. Provide individual needs assessment and supportive
services to 170 ex-offenders returning to the City of 62 46 63 58 229 135%
Roanoke. Services include housing, clothing,
transportation, food, supportive counseling, referrals.
By End Of First Additions in the Additions in the Additions in the Cumulative, Percent of
B. Employment Counseling and Quarter (Sept, 2nd Quarter 3rd Quarter 4th Quarter End Of Present Objective
30) ending Dec, 31 ending Mar, 31 ending June 30 Reporting Completed
Placement Quarter.
1. Provide employment and career 79 73 87 96 335 335%
counseling to 100 participants,
2, Provide job readiness skills training to 102 55 108 71 336 366%
100 participants,
3.30 participants obtain employment. 24 25 35 34 118 393%
4, 30 participants will increase their job 11 25 34 33 103 343%
retention rate,
By End Of First Additions in the Additions in the Additions in the Cumulative, Percent of
C. Support Groups Quarter (Sept, 2nd Quarter 3rd Quarter 4th Quarter End Of Present Objective
30) ending Dec, 31 ending Mar. 31 ending June 30 Reporting Completed
Quarter,
1. Provide support group and peer
counseling for 100 City of Roanoke 38 84 108 115 345 345%
residents.
By End Of First Additions in the Additions in the Additions in the Cumulative, Percent of
D. Parents and Parenting Skills Quarter (Sept, 2nd Quarter 3rd Quarter 4th Quarter End Of Present Objective
30) ending Dec, 31 ending Mar, 31 ending June 30 Reporting Completed
Training Quarter,
1, 30 City of Roanoke V A CARES 42 21 34 0 97 323%
Parents will receive parenting skills.
2, Number of children in the families 63 45 71 0 178 N/A
,
City of Roanoke/TAP Service Contract FY 2009-2010
Page 5 of 5
VIL WOMEN~S RESOURCE CENTER
GOAL 1: To provide comprehensive services to abused women and men, enabling them to end abusive relationshiPs, leave abusers, and
develop healthy lifestyles. To insure the confidentiality standards of the Women's Resource Center and to provide safety for clients and their
children, no names or other identifying data will be provided on WRC clients.
OBJECTIVES AND TIMETABLE:
By End Of First Addirions in Additions in Additions in Cumulative, Percent of
A. Assessments Quarter (Sept, the 2nd the 3rd Quarter the 4th Quarter End Of Present Objective
30) Quarter ending ending Mar. 31 ending June 30 Reporting Completed
Dec, 31 Quarter.
1. Complete safety/health assessments on
100 new victims of domestic violence 24 26 18 27 95 95%
residing in the City of Roanoke,
2. Number of children in the families 10 6 22 24 62 N/A
By End Of First Additions in Additions in Additions in Cumulative, Percent of
B. Crisis Intervention Quarter (Sept, the 2nd the 3rd Quarter the 4th Quarter End Of Present Objective
30) Quarter ending ending Mar, 31 ending June 30 Reporting Completed
Dec, 31 Quarter,
1. Provide comprehensive crisis
intervention services to 100 victims and 16 26 36 13 91 91%
children needing emergency care due to
domestic violence,
2, Number of children in the families 11 6 38 9 64 N/A
VIIL OTHER ACTIVITIES IN THE CITY OF ROANOKE
TAP maintains an inventory of over 250 units of affordable housing at the Terrace Apartments and in
scattered sites in our city.
TAP secured Recovery Act expansion funds for Early Head Start for the City of Roanoke; it has since
completed conversion and renovation of two buildings of the former Raleigh Court Elementary
School.
TAP helped ini~iate, and has been a long-term partner in, the Roanoke Neighborhood Housing
Partnership, designed to make housing and neighborhood improvements using HUD CDBG and
other funds.
c:h7
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of December, 2010.
No. 39015-120610.
A RESOLUTION authorizing acceptance ofthe Bulletproof V est Partnership Grant made to
the City of Roanoke by the Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance, and authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Department of Justice, Office of Justice Programs, Bureau of Justice Assistance the Bulletproof V est
Partnership Grant in the amount of $1 0,770.00, such grant being more particularly described in the
report of the City Manager to Council dated December 6,2010,
2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any
documents setting forth the conditions of the grant in a fo~ approved by the City Attorney.
3. The City Manager is further directed to furnish such additional informatiQn as may be
required by the Department of Justice, Office of Justice Programs in connection with the acceptance
of the foregoing grant.
ATTEST:
~rn.mt)()yj
City Clerk. l
\u
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of December, 2010.
No. 39016-120610.
AN ORDINANCE to appropriate funding from the Federal government,
Department of Justice, for the Bulletproof Vest Partnership Grant, amending and
reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Wearing Apparel - Sheriff
Wearing Apparel - Police
Revenues
Bulletproof Vest FY11 - Sheriff
Bulletproof Vest FY11 - Police
35., 140-5906-2064
35-640-3427 -2064
35-140-5906-5906
35-640-3427 -3427
$ 4,358
6,412
4,358
6,412
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-,(} . ~
1~~,!). Q~
City clerPl
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
December 6, 2010
Bullet Proof Vest Partnership Grant
Background:
The Bulletproof Vest Partnership Act of 2000 is a unique U.S. Department of Justice
initiative designed to provide a critical resource to state and local law enforcement.
The grant program is managed by the Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance. The program provides reimbursement
funding for the purchase of approved bulletproof vests.
On September 17, 2010, Roanoke was awarded $10,770 in reimbursement funds
for the purchase of bulletproof vests. The Police Department and the Sheriff's
Office are both participating in this program. Reimbursement amounts are
determined by the number and price of the vests that are to be purchased. Vests to
be acquired through this program are to be used for the replacement of patrolmen
and deputy vests as they wear out and for the purchase of new tactical vests for the
Sheriff's Office. There is no match requirement.
Recommended Action:
Accept the Bulletproof Vest Partnership reimbursement of $10,770 from the Bureau
of Justice Programs; and authorize the City Manager to execute any grant
agreement and related documents, subject to them being approved as to form by
the City Attorney. '
Adopt the accompanying budget ordinance to establish a revenue estimate in the
amount of $10,770 and to appropriate the amount detailed below for use on
wearing apparel in accounts to be established in the Grant Fund by the Director of
Fi nance.
Wearing Apparel
Wearing Apparel
$6,412
$4,358
CHRIST HER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Octavia L. Johnson, Sheriff
R. Brian Townsend, Assistant City Manager for Community Development
Christopher C. Perkins, Chief of Police
~\6
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of December, 2010.
No. 39017-120610.
A RESOLUTION closing certain City offices Monday, December 27, 2010, and providing
for additional holiday leave for all City employees.
\
BE IT RESOLVED by the Council of the City of Roanoke that:
1. City offices that are' not engaged in performing emergency services or other necessary
and essential services of the City shall be closed Monday, December 27,2010.
2. City personnel who are not engaged in performing emergency services or other
necessary and essential services for the City shall be excused from work for eight hours Monday,
December 27,2010.
3. With respect to emergency servIce employees and other employees perfonning
necessary and essential services who cannot for reasons of public health, safety or welfare be excused
from work Monday, Decembef\27, 2010, such employees, regardless of whether they are scheduled to
work Monday, December 27, 2010, shall be accorded time off at a later date, Employees of the Fire-
EMS Department working the three platoon system shall receive a total of twelve h~urs of holiday time
due to their work schedule for the this holiday.
4. Adherence to this resolution shall cause no disruption or cessation of the performance
of any emergency, essential or necessary public service rendered or performed by the City.
v
ATTEST:
~kfn.~NJ
K:\Measures\holiday time off december 201 O,doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
December 6, 2010
Additional Holiday Leave for City Employees
Background:
Due to the City's budget constraints this year, we were again unable to provide pay
increases to our employees even as they were asked to do more while staffing was
reduced. Although challenged by the current economic climate, our employees
have continued to maintain a positive attitude and work throu9.h these difficult
times.
Currently, Friday, December 24, 2010, is a scheduled holiday for City of Roanoke
employees, with City offices closed. Providing Monday, December 27, 2010, as an
additional holiday is a way to recognize our employees for their contributions
during these challenging economic times.
Considerations:
Emergency employees and other employees performing necessary and essential
services who cannot for reasons of public health, safety, or welfare be excused
from work on Monday, December 27,2010, will be given time off at a later date.
,Citizens have been previously advised that refuse collection will be on a normal
schedule the weeks of Christmas and New Years. This will require Solid Waste
Management employees to work on December 27th, with an overtime cost of
approximately $9,000.
We anticipate some savings in energy costs by closing administrative facilities and
libraries. However, we estimate these savings will be less than $2,000.
Recommended Action:
Adopt the attached resolution approving additional holiday time consisting of all
day on Monday, December the 27, 2010, for all City employees in recognition of
their ou standi service throughout the year.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Director of Human Resources
Director of Management & Budget
c;{, '.~ K'~n
\'r\: '
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of December, 2010.
No. 39018-120610.
A RESOLUTION authorizing the appropriate City officials to execute, upon certain
terms and conditions, Amendment No. 3 to the 2008-2009 Community Development Block
Grant ("CDBG") Agreement with Rebuilding Together, Roanoke, Inc. ("Rebuilding Together")
for housing activities in the City's Hurt Park neighborhood.
WHEREAS, by Resolution No. 38808-051010, Council approved the 2010-2015
Consolidated Plan for submission to the U.S. Department of Housing and Urban Development
("HUD"), including additional CDBG funding for Rebuilding Together's activities; and
WHEREAS, by Resolution No. 38845-062110 and by Budget Ordinance No. 38846-
062110, Council accepted and appropriated the 2010-2011 CDBG funds.
THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk,
are hereby authorized to execute and attest, respectively, on behalf of the City, Amendment No.
3 to the 2008-2009 CDBG Subgrant Agreement with Rebuilding Together, approved as to form
by the City Attorney, within the limits of funds and for the purposes as are more particularly set
forth in the City Manager's report dated December 6, 2010, to this Council.
ATTEST:
~""'.mDI'vJ
City Clerk.. J
f
R-CDBG-Rebui1ding Together-Amend3,doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
December 6, 2010
Amendment 3 to the FY 2009 CDBG-funded Agreement with
Rebuilding Together, Roanoke, Incorporated (Rebuilding Together)
Background:
Since 2002, the City has pursued a strategy of foq.Jsing Community
Development Block Grant (CDBG) and HOME Investment Partnerships Program
(HOME) funds in target neighborhoods. The City began transitioning to Hurt
Park in FY 2008 by providing over $1.0 million of CDBG funds for infrastructure
improvements to support the redevelopment of the former public housing site
on Salem Avenue. In FY 2009, the City's collaboration with the community's
pu blic and nonprofit housing agencies began efforts to address housing
improvements in other areas of Hurt Park. As part of the collaborative effort,
the City's FY 2009 HUD plan approved by City Council included $60,000 in
CDBG funds for an agreement with Rebuilding Together to provide limited
repairs to at least fifteen (15) residential homes located in Hurt Park.
Amendment Nos. 1 and 2 to the agreement extended the time of performance
and added $65,000 to allow Rebuilding Together additional time to complete
repairs to a total of thirty (30) homes. To date, all projects have been completed
by volunteers, with four awaiting additional repairs by skilled contractors. The
City's FY 2011 HUD plan approved by City Council provides an additional
$75,000 to Rebuilding Together for providing limited repairs to an additional
twelve (12) eligible, owner-occupied homes, which will bring the total contract
funding to $200,000. Rebuilding Together has committed to provide over
$215,000 in matching funds and in-kind services towards the repair of the forty
two (42) homes.
Considerations:
Although Council's action was not required for the execution of the 2009
agreement, Section 2-124 of the City Code does require Council approval when
an amendment to any grant or sub-grant agreement is in excess of $25,000.
The $75,000 in additional CDBG funds for Rebuilding Together's activities was
authorized by City Council through Resolution No. 38808-051010, which
approved the City's 2010-2015 HUD Consolidated Plan. As such, funding for
this amendment is available in accounts 35-Gll-1119-5538 in the amount of
$59,000 for Project Costs and 35-Gll-1119-5539 in the amount of $16,000 for
Delivery Costs. The action sought by this report will make these funds available
to Rebuilding Together by amending its current FY 2009 contract documents.
This amendment will also extend the end date of the agreement to November
30, 2011, to allow Rebuilding Together sufficient time to complete the limited
repairs to the additional twelve (12) homes.
Recommended Action:
Authorize the City Manager to execute Amendment No. 3 to the 2008-2009
CDBG Agreement with Rebuilding Together, similar in form and content to the
?JJ:i?Jl~~:_~~~~~~ and approved as to form by the CiW Attorney.
CHRISTOPHER P. MORRILL
City Manager
Attachment
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Thomas N. Carr, Director of Planning, Building & Development
Frank E. Baratta, Budget Team Leader '
2
AMENDMENT NO.3
This Amendment is made and entered into this 6th day of December, 2010, by and between the
following parties:
The Grantee:
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee:
Rebuilding Together, Roanoke, Inc.
P. O. Box 4532
Roanoke, Virginia 24015
WIT N E SSE T H:
WHEREAS, by Resolution No. 38083-051208, the Council ofthe City of Roanoke, Virginia, ("Council")
approved the 2008-2009 Annual Update to the Consolidated Plan for submission to the U,S.
Department of Housing and Urban Development ("HUD"), including funding for the Subgrantee's
2008-2009 activities to be assisted with Community Development Block Grant ("CDBG") funds; and
,
WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No. 38136-061608, Council
accepted and appropriated the 2008-2009 CDBG funds; and
WHEREAS, under 92-124 of the Code of the City of Roanoke, Virginia, as amended, the City
Manager is authorized to execute this Subgrant Agreement ("Agreement") between the Grantee
and the Subgrantee; and
WHEREAS, said Agreement was entered into on October 14, 2008; and
WHEREAS, at the request ofthe Subgrantee, Amendment No.1, dated September 11,2009, allowed
additional time in order to complete the scope of services required by the Agreement; and
WHEREAS,by Resolution No. 38451-051109, Council approved the 2009-2010 Annual Update to
the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development
("HUD"), including additional funding for the Subgrantee's Hurt Park housing activities to be
assisted with Community Development Block Grant ("CDBG") funds; and
WHEREAS, by Resolution No. 38643-091116, Council approved the execution of Amendment No.2
to the Agreement between the Grantee and the Subgrantee.
WHEREAS, by Resolution No. 38808-051010, Council approved the 2010-2015 Consolidated Plan
for submission to the u.s. Department of Housing and Urban Development ("HUD"), including
additional funding for the Subgrantee's Hurt Park housing activities to be assisted with Community
Development Block Grant ("CDBG") funds;
NOW, THEREFORE, the parties hereto mutually agree to this Amendment No.3 which effects the
following changes:
1 . SCOPE OF SERVICES:
Page 1 of 4
a. General -- The services to be performed by the Subgrantee under this Agreement
shall be known as the "Hurt Park - Rebuilding Together Project" and shall have as
their purpose the rehabilitation / limited repairs to at least forty two (42) residential
homes located within the Hurt Park targeted neighborhood to benefit eligible
homeowners, as described below. This general scope of services shall be
accomplished through use ofCDBG funding provided by the Grantee and volunteer
or other in-kind and/or cash contributions provided by the Sub-grantee.
General responsibilities of the Subgrantee shall include: marketing and outreach;
receiving and processing applications for housing assistance; overseeing
construction/rehabilitation work; monitoring completed projects; and such other
services as may be appropriate to comply with applicable federal regulations.
The Subgrantee shall provide all personnel required to perform the services under
this Agreement, within the limits of funding provided. All of the services required
hereunder will be performed by the Subgrantee or under its supervision. All
personnel engaged in the work, including volunteers, shall possess the appropriate
skills and/or capabilities needed to accomplish such services.
* * *
c. Performance Expectations - The efforts ofthe Subgrantee pursuant to the activities
set forth under this Agreement are expected to achieve the following.
(1) HUD Outcome Measurement: The primary outcome addressed by this
program with respect to the HUD Performance Measurement System is to
provide increased sustainability of decent, affordable housing in the Hurt
Park neighborhood.
(2) SpeCific Quantifiable Objectives: It is expected that this project will achieve
the following:
· By November 30, 2012, it is expected that the Subgrantee shall
complete the limited rehabilitation of at least forty two (42) single-family
owner-occupied units.
* * *
f. Period ofthis Agreement - This Agreement shall be effective as of July 1,2008, and,
unless amended, shall end November 30, 2012.
* * *
g. Budget - Unless amended, the total amount of CDBG funds provided by the Grantee
under this Agreement shall not exceed $200,000. Of this amount, not more than
$32,800 shall be used by the Subgrantee for project delivery costs without prior
written approval from the Grantee. At the sole discretion of the Grantee, any funds
remaining unexpended as of the 30th calendar day following the end date of this
Agreement may be deobligated and made available for other CDBG projects of the
Grantee. The commitment of funds by the Grantee to this Agreement shall not be
construed as a commitment by the Grantee to provige further funding to this
project. v
Page 2 of 4
* * *
i. Subgrantee Investment - In consideration of the in-kind or cash resources that the
Subgrantee, as part of the Partnership proposal to the Grantee, indicated would be
made available to the project, it is understood that the value of this investment in
the project by the Subgrantee from such other resources shall be $215,000.00.
* * *
8. MONITORING:
The Subgrantee shall monitor the progress of the project covered by this Agreement, and
shall submit appropriate reports to the Grantee's Department of Planning, Building and
Development. In addition, during the period of this Agreement the Grantee shall monitor
the Subgrantee's performance and financial and programmatic compliance as part of
disbursement processing and other desk reviews, on-site reviews and/or other means, as
appropriate.
9. ANNUAL AUDIT:
Pursuant to City Council policy adopted under Resolution No. 37281-010306, nonprofit
entities existing for at least two years and with an annual budget exceeding $50,000 are
required to perform an annual independent audit. As such, the Subgrantee is subject to
this audit requirement. However, as an entity expending less than $500,000 in federal
funding in a fiscal year, the Subgrantee is not required to undergo an annual independent
audit of the expenditures under this Agreement for federal purposes. Therefore,
expenditures, including any for an audit undertaken by the Subgrantee to comply with the
local City Council policy, are not chargeable to the funds under this Agreement.
* * *
The Agreement, dated October 14, 2008, and Amendment No.1, dated September 11,2009, and
Amendment No.2 dated November 19, 2009, shall remain unchanged in all other terms and
provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.3 as ofthe day and
year hereinabove written:
ATTEST:
CITY OF ROANOKE, VIRGINIA
By
Stephanie M. Moon, City Clerk
By
Christopher P. Morrill, City Manager
Page 3 of 4
ATTEST:
By
Secretary of the Board'
APPROVED AS TO CDBG ELIGIBILITY:
Dept. of Planning Building & Development
APPROVED AS TO EXECUTION:
City Attorney
REBUILDING TOGETHER, ROANOKE, INC.
By
Edward Murray, Executive Director
APPROVED AS TO FORM:
Assistant City Attorney
APPROPRIATION AND FUNDS
REQUIRED FOR THIS CONTRACT
CERTIFIED:
Director of Finance
Date:
Account #s:
Project Costs: 35-G09-0920-5538
35-G 1 0-1 020-5538
Delivery Costs: 35-G09-0920-5539
35-G1 0-1 020-5539
Page 4 of 4
W'"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of December, 2010.
No. 39019-120610.
AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City
of Roanoke and the Roanoke Regional Airport Commission for construction of certain airport entrance
and intersection improvements, including the exchange of real property and vacated public rights-of-
way as necessary, and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest, respectively,
on behalf of the City of Roanoke, in form approved by the City Attorney, an Agreement with the
Roanoke Regional Airport Commission for construction of certain new airport entrance and
intersection improvements, including the exchange of real property and vacated public /ights-of-way
as necessary, all as more particularly set forth in the City Manager's report to Council dated December
6,2010,
2. Pursuant to the provisions of Section 12 of the City Charter" the second reading by title
of this ordinance is hereby dispensed with.
ATTEST:
~fl\.
City Clerk. ~
K:\Measures\Agreement with Roanoke Regional Airport Commission for aviation drive improvements,doc
(
,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of December, 2010.
No. 39020-120610.
A RESOLUTION authorizing the City Manager's issuance and execution of additional
amendments induding Amendment No.3 to the City's contract with Mattern & Craig, Inc., for
additional professional services for the Reconfigure/Sigrlalize Aviation Drive/Towne Square
Boulevard Intersection Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1, The City Manager is hereby authorized, for and on behalf of the City, to issue and
execute additional amendments induding Amendment No.3 to the City's contract with Mattern
& Craig, Inc., for additional professional services for the Reconfigure/Signalize Aviation
Drive/Towne Square Boulevard Intersection Project, all as more fully set forth in the City
Manager's letter to this Council dated December 6,2010.
2. The form of any such amendments shall be approved by the City Attorney,
3. Such amendments will provide authorization for additional work, with an increase
in the amount and time of performance of the contract and provided the total amount of such
amendments will not exceed an additional $65,000, all as set forth in the above letter.
ATTEST:
~~khJ.~.
K:\Measures\Mattern & Craig Contract Amendment No, 3-Aviation Drive,doc
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of December~ 2010.
No. 39021-120610.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation, Roanoke Regional Airport Commission and Sam's Club and to transfer
funding from the Paving Program to the Aviation & Towne Square Boulevard Intersection
Improvements project, amending and reordaining certain sections of the 2010-2011
General 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 2010-2011 General and Capital Projects Funds Appropriations be,and the
same are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to the Capital Projects Fund
Fees for Professional Services
Capital Proiects Fund
Appropriations
Appropriated from General Revenue .
Appropriated from Third Party
Appropriated from State Grant Fund
Revenues
Transfer from the General Fund
VDOT - Aviation Dr. & Towne Square
Blvd.
Aviation Dr. & Towne Square Blvd. -
r
Airport Commission Contribution
Aviation Dr. & Towne Square Blvd. -
Sam's Club Contribution
01-250-9310-9508 $ 425,000
01-530-4120-2010 (425,000 )
08-530-9830-9003 425,000
, 08-530-9830-9004' 247,640
08-530-9830-9007 700,000
08-110-1234-1037 425,000
08-530-9830-9832 700,000
08-530-9830-9837 169,640 .
08-530-9830-9838 78,000
Pursuant to the provisions of Section 12 ofthe City Charter, the second reading
of this ordinance by title is hereby dispensed with,
ATTEST:
-Lt- ,() .Ii....~ ~~ rY-\b IJ'rV
Ac..,Htr, 'City Clerk. . . )
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
December 6,2010
Aviation Drive & Towne Square Blvd. Intersection Improvements
Background:
Intersection improvements are planned at the intersection of Aviation Drive and
Towne Square Boulevard. In 2009, the City and the Roanoke Regional Airport
Commission reached consensus on a concept for the improvements. Since
then, construction funding has been identified, plans have been finalized, right
of way acquisition has been initiated, and utility relocations have been planned.
Staff is preparing to advertise for construction and expects to bu ild the
improvements during the 2011 construction season.
Considerations:
Funding for the approximately $2.1 million project is being provided through
various sources. The Virginia Department of Transportation is providing 50
percent of the funding, $1 ,035,214, through its Revenue Sharing Program. A
portion of those funds ($335,214) has been appropriated previously. The other
50 percent is being provided through City and other local funding. The
Roanoke Regional Airport Commission has committed up to $252,000 towards
construction. That commitment is reduced by difference in the value of land to
be exchanged between the City and the Airport Commission. The difference is
$82,360 in favor of the Commission; thus, the Commission's cash contribution
toward construction will be $169,640. Sam's Club has committed $78,000 to
the project in recognition of the benefits to their store. The remaining funding
is available in an existing City capital account, entitled "Aviation and Towne
Square Boulevard," account number 08-530-9830 into which funding was
appropriated previously and in the Paving Program operating budget from
which a transfer is required. Funding from the Paving Program is equal to the
estimated value of paving work on t,he project.
With the active involvement in the project on. the part of the Airport
Commission, specifically with land acquisition, commitment of funding, and
work on remaining Airport Commission property, an agreement has been
drafted between the Airport Commission and the City. The Agreement
addresses the exchange of property that will take place between the City and
the Commission (the property being. conveyed by the City consists of certain
right-of-way recently vacated by action of City Council and other property being
vacated by plat,) the Commission's financial contribution to the project, and
other details of the project. A copy of the Agreement is attached for reference.
Finally, a change order is requ ired to amend the eXisting contract of the
consultant retained by the City for the project. The amendment is requ ired to
address storm water requirements which have changed since the project was
initiated, to address changes in plats required as part of the land acquisition
process, and to provide for professional services during the construction phase.
The value of the current consultant contract with Mattern & Craig is $128,200.
The required additional services have a value of $56,450 and will extend the
consultant contract through the end of construction. Council action is required
due to the amount of the contract amendment. Funding is available in the
capital account for the project, entitled "Aviation and Towne Square Boulevard,"
account number 08-530-9830-9055.
Recommended Action:
Adopt a budget ordinance and establish revenue estimates in the following
amounts and appropriate the same into the project capital account, 08-530-
9830 in the Capital Projects Fund by the Director of Finance.
Roanoke Regional Airport Commission
Sam's Club (Walmart Realty)
Virginia Department of Transportation
$169,640
$78,000
$700,000
This budget ordinance will also transfer funds in the amount of $425,000 from
the Paving Program, account 01-530-41.20-2010, to the Capital Projects Fund,
account 08-530-9830.
Authorize the City Manager to execute the "Agreement between Roanoke
Regional Airport Commission and' City of Roanoke for Construction of New
Airport Entrance and Intersection Improvements, Including Exchange of Real
Property and Vacation of Public Right of Way, as Necessary," such agreement to
be approved as to form by the City Attorney
Authorize the City Manager to execute Amendment No.3 with Mattern & Craig
in an amount not to exceed $65,000 for additional professional services related
to the Aviation Drive and Towne Square Boulevard intersection; such
(ilJi:~~::::: as to form by the CiW Attorney.
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
Mark D. Jamison, P.E., Transportation Division Manager
2
Draft
August 20, 2010
Redraft 102210
w City 102210 Comments
w City 120110 Comments
Agreement between Roanoke Regional Airport Commission
and City of Roanoke
for Construction of New Airport Entrance
and Intersection Improvements,
Including Exchange of Real Property
and Vacation of Public Right of Way, as Necessary
THIS Agreement is entered into as of this _ day of
, 2010, by and
between the Roanoke Regional Airport Commission, a body corporate existing under
I
the laws of the Commonwealth of Virginia, and owner and operator of the Roanoke
Regional Airport, with an address of 5202 Aviation Drive, Roanoke, Virginia, 24012,
acting pursuant to the authority of Resolution No.
. , dated
hereinafter referred to as "Commission" and the City of Roanoke, Virginia, a Virginia
Municipal Corporation, with a mailing address of
, Roanoke,
Virginia, hereinafter referred to as "City."
WIT N E SSE T H:
WHEREAS, the public road entrance to the Roanoke Regional Airport from
Aviation Drive ("Airport Entrance") is currently located in close proximity to the
,
intersections of Aviation Drive with Thirlane Road and Towne Square Boulevard which.
often creates confusion and safety concerns for airport users and the traveling public;
Page 1
Draft
August 20,2010
WHEREAS, Commission desires to relocate the Airport Entrance from the
current location on Aviation Drive to a new, improved, more easily identifiable, and
more convenient location;
WHEREAS, City desires to construct certain improvements to the existing
intersections of Aviation Drive with Thirlane Road and Towne Square Boulevard
("Intersections"), including making Towne Square Boulevard two-way;
WHEREAS, because of the proximity of the Airport Entrance to the
Intersections, the parties have determined that a single project incorporating the new
Airport Ent~ance and the Intersections improvements ("Project") is necessary to
provide the traveling public with the most efficient, improved, and convenient Airport
Entrance;
WHEREAS, Commission owns certain real property not being used or needed
for airport purposes and needed for completion of the Intersections being: (i) a certain
0.5385 acre parcel of real property generally located on the west side of Aviation Drive
and adjacent to and north of Thirlane Road in the City of Roanoke shown on the
drawing entitled "Right of Way Dedication Plat prepared for Roanoke Regional Airport
Commission showing the dedication of new right of way for Aviation Dr., NWand
Thirlane Road, NW across Parcel 12-A (Tax No. 6590101) and creating Parcel 12-A1
containing 604.6485 Acres" prepared by Mattern & Craig, Inc. and dated September
17, 2010, which is attached hereto and incorporated herein by reference as Exhibit "1";
Page 2
Draft
August 20, 2010
and, (ii) a certain .0642 parcel of real property generally located adjacent to and south
of Towne Square Boulevard, N. W., in the City of Roanoke as shown on the drawing
entitled "Right of Way Dedication: Plat prepared for Roanoke Regional Airport
Commission showing the dedication of new right way for Aviation Dr., NW and
Thirlane Road, NW'and the vacation of a portion of the old right of way of Aviation
Dr., NW and Towne Square Blvd. NW across Parcel 8 (Tax No. 6650104) and creating
Parcel 8A containing 1.6582 Acres" prepared by Mattern & Craig, Inc., and dated
September 17, 2010, which is attached hereto and incorporated herein by reference as
Exhibit "2"; these parcels being hereinafter collectively referred to as "Commission
Parcels" ;
WHEREAS, City owns, or the public right of way includes, certain real
property which would be useful and needed for airport purposes being: (i) a certain
0.1070 acre parcel of real property generally adjacent to and, west of Aviation Drive in
the City of Roanoke as shown on the drawing entitled "Right of Way Vacation Plat
prepared for Roanoke Regional Airport Commission showing a portion of the existing
right of way of Aviation Dr., NW containing 0.1070 Acres to be vacated by Ordinance
and creating Parcel 12-A2 containing 604.7555 Acres" prepared by Mattern & Craig,
Inc., and dated September 17, 2010, which is attached hereto and incorporated herein
by reference as Exhibit "3"; and, a certain 0.1432 acre parcel of real property generally
located adjacent to and east of Aviation Drive and adjacent to and south of Towne
Page 3
Draft
August 20, 2010
Square Boulevard in the City of Roanoke as shown on Exhibit "2" hereto; these Parcels
being hereinafter collectively referred to as "City Parcels";
WHEREAS, upon completion of the Project, in order for Commission to access
Commission's remaining property on the east side of Aviation Drive, Commission
requires and City has agreed to obtain for Commission an approximate 6868 square foot
access easement to and from Towne Square Boulevard across a parcel currently owned
by Kroger Limited Partnership I bearing Tax No. 6650101 as shown on the drawing
entitled "Right of Way Dedication Plat prepared for Kroger Limited Partnership I
showing the dedication of new right of way for Towne Square Blvd. NW and the
. vacation of a portion of the old right of way of Towne Square Blvd. NW across Parcel
l2A-lA (Tax No. 6650101) and Parcel 12A-2A (Tax No. 6650112) and creating Parcel
l2A-1A1 containing 7.0490 Acres and Parce112A-2A1 containing 0.9470 Acres"
prepared by Mattern & Craig,' Inc. and dated October 26, 2010, which is attached
hereto and incorporated herein by reference as Exhibit "4";
WHEREAS, in order to complete the Project, Commission and City desire to
exchange their respective parcels to one another, City first vacating the public right of
way and then transferring title to the Commission as necessary to convey good title to
the Commission, upon certain terms and conditions;
WHEREAS, the total appraised value of City Parcels is $82,360.00 less than the
total appraised value of the Commission Parcels;
Page 4
Draft
August 20,2010
WHEREAS, City has agreed to be responsible for procuring the necessary
design and construction services for the Project;
WHEREAS, Commission has agreed to reimburse City for up to $30,000.00 of
planning/design services and an additional $252,000.00 in value for a reasonable
portion of the Project costs based on the proportionate cost and value of the new
Airport Entrance to the traveling public based on, without limitation, available air
passenger and vehicle traffic data; and
WHEREAS, the parties desire to set forth herein their respective rights and
obligations with regard to completion of the Project.
Now, therefore, for good and valuable consideration, including the promises
contained herein, Commission and City covenant and agree as follows:
I. Subdivision and Exchange of Properties; Vacation of Public Right of Way.
The parties agree that prior to commencement of construction on the Project, subject to
the terms and conditions set forth herein, the City shall vacate public right of way and
the parties shall record an appropriate subdivision plates) and deed of exchange or deed
of conveyance as necessary to complete exchange of the City and Commission Parcels.
II. Conditions Precedent To Exchange of Parcels. Commission and City
covenant and agree that each party's obligations under this agreement and to exchange
real property hereunder shall be subject to and contingent upon the following
conditions:
Page 5
1. Title. Each party shall have the right to obtain an owner's title insurance
policy commitment or other evidence of good title for the real property and access
easement to be acquired showing through closing or conveyance of title no conditions
or unacceptable title matters as determined by each party, as well as other
documentation necessary for the transfer.
2. Environmental Due Diligence Assessment. Each party shall have the right to
contract for and receive such environmental due diligence assessments and
investigations deemed necessary by each party confirming that the parcels to be
acquired shall be free and clear of toxic or hazardous substances in accordance with
accepted environmental standards as determined by each party. Upon request, each
party shall provide a copy of any such assessment report to the other.
3. FAA and Virginia Department of Aviation Approvals. Commission has
received approval for the proposed exchange of Parcels as provided herein from the
Federal Aviation Administration and Virginia Department of Aviation, including
obtaining any engineering and/or consulting services necessary to make appropriate
changes to and obtain approval for a modification to Commission's Airport Layout Plan
and Airport Exhibit "A" documents.
4. Revenue Bond Requirements. Commission may require and receive a
determination from bond counsel, and any other appropriate financial counselor
representatives as necessary, that the exchange of Parcels as described herein shall not
violate the provisions of the Commission's existing Master Indenture of Trust with
Page 6
Suntrust Bank, successor to Crestar Bank, as Trustee, dated as of June 15, 1998, and
Second Supplemental Indenture of Trust with Suntrust Bank, as Trustee, dated as of
March 1, 2005, or any other related requirement. Ifthe approval of the Trustee is
necessary, it shall be sought by the Commission and must be obtained.
5. City to Vacate Public Right of Wav. If necessary, City shall undertake and
provide for any documentation necessary for closing and\or vacation of any street or
public right of way on the City Parcels necessary to result in good title to the City
Parcels being conveyed to the Commission.
6. Access Easement. City shall obtain for Commission an approximate 6868
square foot Access Easement providing Commission access between its remaining land,
which is located south of Towne Square Boulevard, and Towne Square Boulevard as
shown on Exhibit "4." The Access Easement for such access shall be in substantially
the form attached hereto as Exhibit "5" and shall be recorded at the time of and
simultaneously with the recording of the conveyance of the City Parcels and the
Commission Parcels.
7. Project Design. Bid and Award. City shall contract for and receive design
plans, drawings, specifications, bid documents, as well as all necessary regulatory
and/or governmental approvals and any other services or documentation necessary to
procure construction of the Project and shall advertise, receive bids, and have
determined the rec?mmended bid award for the Project. The parties acknowledge and
agree that construction of the Project shall be procured through competitive bidding in
Page 7
accordance with the requirements of the Virginia: Public Procurement Act. The Project
shall be designed, bid, awarded, generally in accordance with plans and specifications
approved by City through its Manager of Transportation and by Commission through its
Executive Director, subject to any changes in the Project design and specifications or
change orders as City and Commission through their representatives, shall determine to
be necessary or desirable. City shall require in the specifications for the Project the
requirement that contractor include Commission, its officers, agents, and employees as
additional insureds on all applicable general liability and automobile liability policies.
Because construction of a portion of the Project will be on land owned by Commission,
City shall also include in the specifications for the Project a requirement that contractor
enter into a construction permit easement with Commission in substantially the form
attached hereto as Exhibit "6" ('Construction Permit") containing provisions for
indemnification and insurance in favor of the Commission as well as performance and
labor and material payment' bonds with the Commission as obligee, or dual oblige on
City's bonds, in an amount equal to the value of the Project improvements on
Commission property.
III. Failure of Any Condition. In the event any of the conditions set forth in
paragraphs 1-7 of Section II above are not met, as determined by either party, either
party may, at i(s option, declare this Agreement to be null and void and terminate this
Agreement with no obligation, responsibility, or liability of any kind. Each party
covenants and agrees that if this Agreement is terminated as provided for herein,
Page 8
neither party shall be liable for and or be required to payor reimburse the other party
for any amount.
IV. Transfer of Parcels and Recording of Access Easement. Subject to and
contingent upon satisfactory completion of all conditions set forth in Section II above,
both parties shall execute and put to record the necessary subdivision or other plats,
deeds of conveyance or exchange, or any other documentation necessary to convey fee
simple title of the City Parcels to the Commission and fee simple title of the
Commission Parcels to the City and to convey the Access Easement to the Commission.
The deed(s) shall be in substantially the form attached hereto as Exhibit "7".
V. Completion of Project and Reimbursement To City for Project Costs. The
City shall complete construction of the Project within a reasonable time of completion
of the conveyance of title to the City Parcels, the Commission Parcels, and the Access
Easement. The parties acknowledge and agree that Commission has previously
contributed the amount of up to $30,000.00 to City as reimbursement for planning
phase of the Project. The parties further acknowledge and agree that the value of the
Commission Parcels is greater than the value of the City Parcels. Commission and City
have contracted for and received appraisals and review appraisals establishing the
values of the City Parcels and the Commission Parcels, in accordance with and as
necessary to comply with applicable federal and state regulations and guidelines. Upon
completion of all appraisals of the Commission Parcels and City Parcels, a
determination of the net difference in value of the Commission Parcels over the City
Page 9
Parcels has been determined to be $82,360.00 which shall hereinafter be referred to as
the "Real Property Value Differential." In addition to the up to $30,000.00 previously
paid and/or owed by the Commission to the City for planning and design services,
Commission agrees to reimburse City for the costs of the Project an additional total
value of $252,000.'00 consisting of: (i) the Real Property Value Differential of
$82,360.00 to be transferred to City upon recordation of the property conveyances;
and, (ii) cash payments in the total amount of $169,640.00, which shall be reimbursed
to City by Commission monthly in proportion to the amount of construction progress
payments made by City to the contractor on the Project, as evidenced by an invoice
from the City to the Commission's Director of Finance.
VI. Complete Contract; Binding. This Agreement shall constitute the entire
agreement between the parties which supersedes any and all other prior negotiations,
representations or agreements, either oral or written. This Agreement may be amended
only by written instrument signed. by the parties as specified herein. Each party binds
itself, its partners, successors, assigns and legal representatives to the other party hereto
in respect to all covenants, agreements and obligations contained herein.
VII. No Assignment. No assignment by Commission or City of any rights
under or interests hereunder shall be made without the prior written consent of the party
sought to be bound. In any event, no such assignment shall operate to release or the
assignor from any duty or responsibility unless specifically agreed to in writing by the
other party.
Page 10
VIII. Survival. All representations, agreements, covenants, and
indemnifications made in or given herein shall survive the completion of each party's
obligations and the termination of this Agreement for any reason.
IX. Duplicate Copies. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of such counterparts
together shall constitute one and the same instrument.
X. Governing Law And Venue. This Agreement shall be governed by the laws
of the Commonwealth of Virginia, both as to interpretation and performance. Every
action brought under or related to this Contract shall be' brought in a Virginia court of
competent jurisdiction in the City of Roanoke or in the United States District Court for
the Western District of Virginia and not elsewhere.
XI. Notices. Notices hereunder by one party to the other hereunder shall be
deemed to have been given one day after having been sent via overnight expres~ carrier
to the address shown below:
If to Commission:
Roanoke Regional Airport Commission
Attention: Executive Director
5202 Aviation Drive
Roanoke, Virginia 24012
If to City:
City of Roanoke
Attn: City Manager
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
Page 11
XII. Authoritv to Execute. All persons executing this Agreement on behalf of
the parties hereto hereby warrant and represent that they have been duly authorized by
proper action of such party to execute this Agreement, and that upon such execution,
this Agreement shall be binding upon and enforceable against such party.
WITNESS the following signatures.
City of Roanoke,
a Virginia municipal corporation
By:
Title:
ATTEST:
Title:
Roanoke Regional Airport Commission
By
Jacqueline L. Shuck, Executive Director
ATTEST:
Cathy Pendleton, Commission Secretary
Page 12
Exhibits:
1. Plat for Parcel l2-A dated September 17, 2010
2. Plat for Parcel 8 dated September 17, 2010
3. Plat for Parcel 12-A2 dated September 17, 2010
4. Plat for Kroger Parcel with Access Easement dated October 26, 2010
5. Kroger Access Easement
6. Construction Permit
7. Deed of Exchange
Page 13
Exhibits" 1" "2" "3" and" 4 "
(Plats)
Page 14
Redraft Exhibit 5 100710
Law Department comments 11/18/2010
JLS RRAC 11/23/10
Exhibit "5"
Access Easement
This Document was Prepared by and Return To:
Roanoke Regional Airport Commission
Office of General Counsel
5202 Aviation Drive
Roanoke, Virginia 24012
Roanoke City Tax Map. No. 6650101.
Title Insurance for the easement acquired by the Roanoke Regional Airport Commission is being
provided by Fidelity National Title Insurance Company. 310 First Street, Suite 1210, Roanoke.
Virginia 24011.
EXEMPTION CLAIMED: GRANTEE IS EXEMPTED FROM RECORDATION
TAXES AND FEES PURSUANT TO 58.1-811A(3). CODE OF VIRGINIA.
TIllS EASEMENT AGREEMENT ("Agreement"). is entered into as of the
of
, 2010, by and between KROGER LIMITED PARTNERSIllP I, an Ohio limited partnership
authorized to do business in the Commonwealth of Virginia, herein called "Grantor", with an address
for notice purposes of: P. O. Box 14002, Roanoke, Virginia, 24038-4002, Attention: Real Estate
Department, and ROANOKE REGIONAL AIRPORT COMMISSION, a Virginia body corporate,
herein called "Grantee", with an address of
WIT N E SSE T H:
THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt
of which is hereby acknowledged, and other good and valuable consideration, including -the promises
contained herein, and subject to the terms and conditions herein, the said Grantor does hereby grant and
convey with SPECIAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Grantee, a
nonexclusive perpetual, permanent easement and right of way for the purpose of vehicle and pedestrian
access, including ingress and egress, from Grantee's property bearing Roanoke City Tax No. 6650104,
said easement being an approximate 6868 square foot area across the northwest portion of Grantor's
Page 15
property situated in the CITY OF ROANOKE. VIRGINIA bearing Roanoke City Tax No.
6650101 between Towne Square Boulevard, N.W. and as shown on the drawing entitled Right of Way
and Dedication Plat Prepared For Kroger Limited Partnership I" dated October 26, 2010, which is
attached hereto as Exhibit "A" and incorporated herein by reference herein and is of record in
the Roanoke City Clerk's Office as Instrument No. ("Easement Area").
Grantor hereby covenants and affirms that there are and will be no current or future
charges, assessments, costs, or claims of any kind due or owing by Commission arising out of
or relating to any restrictive covenants or other obligations, recorded or otherwise, as a result
of the easement conveyed herein, including without limitation, the Declaration of Reciprocal
Easements and Restrictions dated December 9, 1994, recorded in the Clerk's Office of the
Circuit Court of the City of Roanoke, Virginia in Deed Book 1728, page 547 and Grantor
further covenants and agrees on behalf of itself and its successor and assigns to defend,
indemnify, and hold harmless Grantee and its successors and assigns from and against any and
all current and future charges, assessments, costs, expenses, damages, claims, or liability that
may anse out of or relate to any restrictive covenants or other obligations, recorded or
otherwise, as result of the easement conveyed herein, including, without limitation, the
Declaration of Reciprocal Easements and Restrictions dated December 9, 1994, recorded in the
Clerk's Office of the Circuit Court of the City of Roanoke, Virginia in Deed Book 1728, page
5,47, as well as the Maintenance Agreement dated March 11, 1987, recorded in the Clerk's
Office of the Circuit Court of the City of Roanoke, Virginia in Deed Book 1556, page 1739,
which covenants, agreements, and obligations to defend, indemnify, and hold Grantee harmless
shall be covenants running with the land; provided, however, that Grantor shall have the right
to revoke the easement granted herein in the event Grantee's property served by such easement
is used for commercial retail purposes to be defmed as the sale of groceries, pharmaceuticals,
gasoline or other significant lines of products offered. by Kroger Limited Partnership I to the
public at the Towne Square Boulevard location.
Page 16
The conveyance of this easement is subject to all easements, conditions, reservations,
and restrictions of record as they may lawfully apply to the Easement Area.
1. Construction. Maintenance and Repair of Easement Area. Grantee shall be
responsible for 100% ofthe cost and expense of maintaining, repairing and/or improving only
those improvements made by Grantee in that portion of the Easement Area generally shown on
Exhibit "B" attached hereto. The maintenance, repair and improvement (collectively,
"Maintenance"), obligations of Grantee shall include, without limitation, snow and ice
removal, debris removal, sweeping, and paving on the driveway improvements constructed by
Grantee. If either Grantee or Grantor considers that any Maintenance of the Easement Area is
necessary, it shall so inform the other party, and the parties will make a good faith effort to
agree on the necessity for the recommended Maintenance and on the manner and means by
which such Maintenance shall be accomplished, including, without limitation, the cost thereof,
the contractors engaged therefor and the time within which such Maintenance shall be
completed. Grantee' shall supervise the performance of the agreed upon Maintenance of
Grantee's Improvments in the Easement Area. Notwithstanding the foregoing, if either
Grantor or Grantee, or any of their employees, contractors or other persons for whom they are
responsible, should cause any damage to the Easement Area (other than ordinary wear and
tear), the party responsible for the damage shall pay the entire cost of any necessary repairs
and replacements to the damaged property.
2. Insurance. Each party shall, at its own expense, maintain and keep in full force and
,effect comprehensive general liability insurance covering its use of the Easement Area:
3. No Dedication. This is a private easement and is not intended, and this instrument
shall not be construed as a dedication of any part of Grantor's Property for public use.
4. Unimpeded Access. No barrier, barricade or other obstruction, temporary or
permanent, of any kind whatsoever, shall be erected or permitted to exist in, on or across the
Page 17
Easement Area, and the parties will not take any action to impede or discourage the free and
uninterrupted flow of pedestrian and vehicular traffic across the existing drive lane and
entrance to the Grantee's property in the Easement Area.
5. No Partnership. This Agreement shall not create an association, partnership, joint
venture or a principal and agency relationship between Grantor and Grantee or their respective
tenants or licensees.
6. Miscellaneous.
a. This Agreement shall be construed, interpreted, and enforced under the laws
of the Commonwealth of Virginia.
b. The rights, coven,ants and easements set forth in this Agreement are intended
to be and shall be construed as covenants running with the land, binding upon, inuring to the
benefit of and enforceable by the owner(s) of Grantor's property and Grantee's property, and
their respective heirs, personal representatives, successors and assigns, as the case may be.
c. No agreement shall be effective to add to, change, modify, waIve or
discharge this Agreement in whole or in part, unless such agreement is in writing executed by
Grantor and Grantee, or their respective successors or assigns.
d. All notices required or permitted hereunder shall be in writing and deemed
served upon any owner upon hand delivery to such owner or upon deposit of such notice in the
United States mail, postage prepaid, certified or registered mail, return receipt requested, and
addressed to such owner at the last known address of its principal place of business.
Page 18
e. No determination by any court, governmental body or otherwise that any
provision of this Agreement is invalid or unenforceable in any instance shall affect the validity
or unenforceability of any other such provision, or such provision in any circumstances not
controlled by such determination.
f. This Agreement represents the complete understanding of the parties as to the
subject matter hereof and supersedes all prior written or oral negotiations, representations,
warranties or statements or agreements between the parties as to the same.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGES
Page 19
WITNESS the signatures of Kroger Limited Partnership I by its authorized representative and
the Airport Commission by Jacqueline L. Shuck, Executive Director.
KROGER LIMITED PARTNERSHIP I,
an Ohio limited partnership
By: KRGP Inc., an Ohio corporation,
its general partner
By:
Name:
Title:
(Grantor Acknowledgement)
STATE OF OHIO
COUNTY OF HAMILTON
This day, before me, a Notary Public of the State and County aforesaid, personally
appeared , with whom I am personally acquqinted and who
upon oath acknowledged himself to be of KRGP Inc., an Ohio
corporation and general partner of Kroger Limited Partnership I, an Ohio limited partnership,
and that he as such officer, being authorized so to do executed the foregoing instrument for the
purposes therein contained by signing on behalf of the limited partnership.
Witness my hand and official seal this
day of
2010.
My commission expires
Notary Public
Page 20
Roanoke Regional Airport Commission
By
Jacqueline L. Shuck, Executive Director
ATTEST:
Cathy Pendleton, Commission Secretary
COMMONWEALTH OF VIRGINIA
)
) TO-WIT:
)
CITY OF ROANOKE
I, a Notary Public in and for the City
and State aforesaid, do certify that Jacqueline L. Shuck, Executive Director, and
Cathy Pendleton, Secretary of the Roanoke Regional Airport Commission, whose names as
such are signed to the writing above, bearing the date of day of
.>. 2010, have acknowledged the same before me in my jurisdiction aforesaid.
Given under my hand this
day of
,2010.
NOTARY PUBLIC
My Commission Exp
Page 21
Exhibit "6"
Redraft 100710
Construction Permit Agreement
This permit agreement is entered into as of this day of , 2011,
between the Roanoke Regional Airport Commission (" Commission") acting through
its Executive Director pursuant to the authority granted in Resolution No. 90-007,
dated May 16, 1990, and
a contractor licensed to do business in the Commonwealth of Virginia
("Permittee").
For good and valuable consideration, the receipt of which is acknowledged,
subject to the terms and conditions contained herein, Commission and Permittee
covenant and agree as follows:
1. Permitted Premises. In connection with Contractor's construction
contract with the City of Roanoke to construct the Aviation
Drive/Towne Square Blvd Reconfiguration Project which includes
relocation of the entrance to the Roanoke Regional Airport ("Project"),
Contractor is hereby authorized to enter a portion of Commission
owned land located in the area of the Project, as more particularly
identified as the limit of Work on the drawings attached hereto and
incorporated herein as Exhibit "A" (the "Permitted Premises"), for the
sole purpose of construction activities in connection with the Project
in accordance with the terms and conditions of this Permit Agr~ement
and for no other purpose.
2. Condition of Permitted Premises. Permittee understands and agrees
that the Permitted Premises will be made available "as is" and that the
Commission shall not be responsibl~ for any damage or injury of any
kind to Permittee or any other persons or property, including, without
limitation, damages or injuries arising from hazards or other conditions
which may be contained on or within the Commission's Property.
3. Term; Notice Prior to Entry. Prior to entering the Permitted Premises,
Permittee shall have provided proof of the insurance coverages in the
form required under paragraph 11 hereof. This Permit shall expire upon
the date that City gives final written approval of the work done by
Permittee on which is estimated to be fully completed no later than
January 1, 2012.
c"
Page 22
4. Compliance With Laws. In Permittee's exercise of the rights and
privileges granted herein, Permittee, its officers, agents, employees,
guests, invitees, contractors, and any other persons over whom
Permittee has control shall observe, obey and comply fully at
Permittee's own expense with all applicable federal, state, and
Roanoke City,laws as well as laws and regulations of other
governmental bodies having jurisdiction over the Permitted Premises.
. In particular, Permittee shall without limitation at all times comply with
all applicable FAA and EPA regulations, orders and directives, and
Permittee shall obtain all necessary FAA and EPA approvals whenever
necessary in the operation of its activities on the Permitted Premises.
This Permit is expressly made subject to all such present and future
laws, ordinances, rules and regulations.
5. Licenses and Other Authorizations: Permittee shall procure from all
government authorities having jurisdiction over the activities of
Permittee, and maintain in effect at all times during the term of this
Permit, all licenses, certificates, permits, or. other authorizations which
may be necessary to conduct any activity authorized by the terms
hereof. Permittee shall provide proof of the existence of such
authorization(s) to,the Executive Director upon request.
6. Fines and Penalties: Permittee shall pay all costs, expenses, claims,
fines, penalties and damages that may in any manner arise out of or
be imposed by any governmental authority because of Permittee's
failure to comply with Paragraphs 4 and 5 above. The Commission
and Permittee each agree to attempt to give prompt notice to the
other of any notice of violation, warning, summons or legal process
received by either party for enforcement of any such law, ordinances,
rules, regulations or orders.
7. Compliance with Permit. Permittee covenants and agrees to compel its
officers, agents, employees, guests,invitees, contractors, and any
other persons over whom Permittee has control to observe and obey
all terms and provisions of this Permit, as well as all applicable rules
and regulations of the Commission or its Executive Director, now in
effect or hereinafter promulgated, applicable to Permittee's activities
on the Permitted Premises. All work on Commission Property shall be
conducted in strict conformity with the Project Plans.
8. Refuse. Permittee shall be responsible for the' collection, storage and
removal from the Permitted Premises of all garbage, debris and other
Page 23
..
waste materials, either solid or liquid, arising out of Permittee's
activities. Permittee covenants to keep the Permitted Premises free
and clear at all times of all such garbage, debris and other waste
materials. No garbage, debris or other waste materials shall be
thrown, discharged or deposited or permitted to be thrown, discharged
or deposited on the Permitted Premises or any bordering property of
the Airport.
9. Other Refuse and Hazardous Materials, Substances, or Wastes.
A. Compliance with Environmental laws; Stormwater Discharge;
Wetlands: Permittee shall comply with all federal, state and
local laws, rules, regulations, resolutions and ordinances
controlling air, water, noise, solid wastes and other pollution
and relating to the use, storage, transport, release or disposal of
hazardous materials, substances, or waste. In particular,
Permittee agrees to comply at its sole expense with all soil and
erosiolJ sediment control and storm water discharge permit
requirements applicable to its operations on the Permitted
Premises. Further, Permittee covenants and agrees that
Permittee shall be responsible for determining whether there
may be any "wetlands" as defined and regulated by federal or
state law or regulation on the Permitted Premises. Permittee
covenants and agrees that Permittee shall not conduct any
activities on the Permitted Premises that would in any way be
subject to regulation as activity affecting or impacting a
"wetland" as specified above.
B. Hazardous Wastes and Materials Permittee shall not bring or
allow or permit to be brought onto the Premises any hazardous,
toxic, or petroleum material, substance, or waste. Permittee
shall not store, dispose of or release any hazardous or toxic
substances, wastes or materials of any kind on the Permitted
Premises or any Airport premises. Compliance with all
environmental laws shall be Permittee's sole responsibility at its
sole cost.
C. Report Release of Hazardous' Materials: Permittee shall
immediately furnish to the Executive Director written notice of
any and all releases of hazardous wastes, materials or
. substances whenever such releases are required to be reported
to any federal, state, or local authority, and pay for all clean up
Page 24
and removal costs. Such written notice shall identify the
substance released, the amount released, and the measures
undertaken to clean up and remove the released material and
any contaminated soil or water, and shall further certify that no
contamination remains. Permittee shall also provide
Commission with copies of any and all reports resulting from
tests on Airport property or made to any governmental agency
which relate to Airport property.
D. Environmental Indemnification: Regardless of Commission's
acquiescence and in addition to indemnification provisions
contained elsewhere in this Permit, Permittee shall indemnify,
defend, and hold Commission, its officers, agents, and
employees, harmless from all costs, liabilities, fines or penalties,
including attorney's fees, resulting from or arising out of
Permittee's violation of this section 10 and agrees to reimburse
said parties for any and all costs and expenses incurred in
eliminating or remedying such violations. Permittee further
covenants and agrees to reimburse Commission and defend and
. hold Commission, its officers, agents and employees harmless
from any and all costs, expenses, attorney's fees and all
penalties or civil judgments obtained against the Commission as
a result of Permittee's disturbance, use, release or disposal of
any petroleum product, asbestos, hazardous substance,
material, or waste onto the ground or into the water or air.
Permittee agrees to waive any and all statutes of limitations
applicable to any controversy or dispute arising under this
paragraph 9 and Permittee further agrees that it will not raise or
plead a statute of limitations defense in any action arising out of
Permittee's failure to comply with the provisions contained in
this paragraph 9.
E. Pre-existing Conditions: The indemnification contained herein,
shall not apply to environmental conditions, if any, existing on
the Permitted Premises prior to the date of this Permit and
caused by parties other than Permittee.
10.1. Insurance Coverages; Bonding. Permittee shall procure and maintain
in full force and effect at all times and at its sole expense occurrence
type, comprehensive public liability insurance, including motor vehicle
and other ground vehicles or equipment used in grading operations,
with an insurance company of recognized standing covering personal
Page 25
injury and property damage arising from all of Permittee's activities on
the Permitted Premises to protect the Commission, its commissioners,
directors, agents, officers, and employees, including the
indemnification provisions of this Permit Agreement. Without limiting
its liability as aforesaid, Permittee agrees to carry and keep in force
such insurance with limits of liability for death, personal injury and
property damage in a sum equal to its present coverage or
$1,000,000.00 whichever is the greater, with the Commission, its
directors, agents, officers and employees as additional insureds. To
the extent permitted by law, Permittee hereby waives and releases the
rights of Permittee's insurance carrier(s) to succeed to the rights that
Permittee may have against Commission, its officers, agents, or
employees, upon payment of a claim arising out of, occurring upon, or
related to the Permitted Premises. Permittee covenants and agrees to
provide appropriate notice of such waiver to its insurance carrier(s)
and evidence of such waiver by its insurance carrier(s) to
Commission's Executive Director. Permittee shall also keep in full force
and effect during the term of this Permit workers' compensation and
employer's liability insurance in compliance with statutory
requirements.
10.2. Provide Documentation of Insurance. Prior to execution of the Permit,
Permittee shall provide the Executive Director with an exact copy of
the additional insured endorsement naming the Roanoke Regional
Airport Commission and its respective officials, officers, agents and
employees as an additional insureds, and copies of the certificates of
insurance for every insurance policy required hereunder. If at any time
the coverage, carrier or limits on any policy or the insurance
requirements contained herein shall become unsatisfactory to the
Commission's Executive Director, Permittee shall, forthwith, provide a
new policy meeting the requirements of said Executive Director. The
additional insured coverage provided under Permittee's insurance
policy shall be primary with respect to Permittee's general liability,
notwithstanding other insurance covering the Commission.
10.3. Cancellation of Coverage. Each of the insurance policies and
certificates required herein, except for workers' compensation, shall
show the Commission, and its respective officials, officers, agents and
employees as an additional insureds, and shall bear the following
provision:
Page 26
"The Company agrees that thirty (30) days prior to cancellation or
reduction of the insurance afforded by this policy, with respect to the
contract involved, written notice will be sent by certified mail to the
Executive Director of Roanoke Regional Airport."
10.4. Not Limit Liabilitv. The insurance limits and coverage specified above
shall in no way constitute the upper limits of liability for which
Permittee is responsible hereunder.
10.5 Bonding. Contractor shall provide Commission with performance and
labor and material bonds in form acceptable to Commission with
Commission as obligee or as a dual obligee with City, in an amount at
least equal to the value of the Project improvements on Commission
property.
11.1. Indemnitv. Permittee shall indemnify, hold harmless, and defend the
Roanoke Regional Airport Commission and its respective officers,
agents and employees, against any and all loss, cost, or expense,
including attorney's fees, resulting from any claim, whether or not
reduced to a judgment, and for any liability of any nature whatsoever
that may arise out of or result from activities or omissions of
Permittee, its successors, officers, agents, employees, assigns,
guests, contractors, or invitees under this Permit or on the Permitted
Premises or Commission's property, including, without limitation, fines
and penalties, violations of federal, state or local laws or regulations
promulgated thereunder, personal injury, wrongful death or property
damage claims. In addition to indemnification provisions contained
elsewhere in this Permit and regardless of any Commission
acquiescence, Permittee agrees to indemnify, reimburse and hold the
Commission, its officers, agents, and employees harmless from any
and all costs, liability, expenses, fines, penalties or civil judgments,
including attorney's fees, resulting from or obtained against, or paid by
the Commission as a result of Permittee's violation of or failure to
comply with any of the provisions of this Permit.
11.2 Independent Contractor. In the use of the Permitted Premises
hereunder, Permittee acts as and is an independent contractor and not
an agent of the Commission; therefore, nothing contained herein shall
be deemed or construed by the parties hereto, or by any third party,
as creating the relationship of principal and agent, partners, joint
ventures, or any other similar such relationship, between the parties
Page 27
hereto. Permittee shall in no manner act or hold itself out to be an
agent of the Commission.
12.1. Governmental Agency Permits. Commission hereby advises the
Permittee that it has entered into various agreements with the United
States Government and the Commonwealth of Virginia with respect to
the Airport. Commission further represents that it intends from time
to time hereafter to enter into additional agreements with
Governmental agencies with respect to applications for funds for
improvements to be made at said Airport, in accordance with pertinent
statutes, rules and regulations of respective and duly constituted,
competent governmental authorities having jurisdiction thereof. This
Permit is expressly made subject to and subordinate to all of said
agreements now existing or hereafter made.
12.2. Right to Amend. In the event that the Federal Aviation Administration
or its successor requires modifications or changes in this Permit as a
condition precedent to the granting of funds for the improvement of
the Airport, or otherwise, the Permittee agrees to consent to such
amendments, modifications, revisions, supplements, or deletions of
any of the terms, conditions, or requirements of this Permit as may be
reasonably required; provided, however, if such modifications or
changes substantially change or adversely affect the financial
condition of Permittee hereunder, the Permittee shall have the option
upon thirty (30) days written notice to Commission, to terminate this
Permit.
13. Nondiscrimination. Notwithstanding any other or inconsistent
provision of this Permit, during the performance of this Permit,
Permittee, for itself, its heirs, personal representatives, successors in
interest and assigns, as part of the consideration of this Permit, does
hereby covenant and agree that:
A. No person on the grounds of race, color, religion, sex or national
origin shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination in, the use of the Premises;
B. In the corstruction of any improvements on, over or under the
Permitted Premises, and the furnishing of services therein or thereon,
no person on the grounds of race, color, religion, sex or national origin
shall be excluded from participation in, denied the benefits of, or
otherwise be subject to discrimination;
Page 28
C. Permittee shall use the Permitted Premises in compliance with all
other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation - Effectuation of Title
VI of the Civil Rights Act of 1964, and as said regulations may be
amended.
D. In the event of breach of any of the above nondiscrimination
covenants, Commission shall have the right to terminate this Permit
and to reenter and repossess the Permitted Premises and hold the
same as if said Permit had never been made or issued. This provision
does not become effective until the procedures of 49 CFR Part 21
have been followed and completed, including expiration of appeal
rights.
14. Affirmative Action. The Permittee assures that it will undertake an
affirmative action program, as required by 14 CFR Part 152, Subpart
E, as amended, to ensure that no person shall, on the grounds of race,
creed, color, national origin, or sex, be excluded from participating in
or receiving the services or benefits of any program or activity covered
by this subpart. The Permittee assures that it will require that its
covered organizations provide assurance to the Permittee that they
similarly will undertake affirmative action programs and that they will
require assurances from their suborganization, as required by 14 CFR
Part 152, Subpart E, as amended, to the same effect.
The Permittee agrees to comply with any affirmative action plan or
steps for equal employment opportunity required by 14 CFR Part 152,
Subpart E, as amended, as part of the affirmative action program or by
any federal, state, or local agency or court, including those resulting
from a conciliation agreement, a consent decree, court order, or similar
mechanism. The Permittee agrees that a state or local affirmative
action plan will be used in lieu of any affirmative action plan or steps
required by 14 CFR Part 152, Subpart E, as amended, only when they
fully meet the standards set forth in 14 CFR 152.409, as amended.
The Permittee agrees to obtain a similar assurance from its covered
organizations, and to cause them to require a similar assurance of their
covered suborganizations, as required by 14CFR Part 152, Subpart E,
as amended.
Page 29
The Permittee agrees that it will not discriminate against any persons
or class of persons by reason of race, color, creed, or national origin in
its employment practices or in providing any services, or in the use of
any of its facilities provided for the public, in any manner prohibited by
Title 49 CFR, Department of Transportation Regulations, or in any
manner prohibited by Title VI of the Civil Rights Act of 1964.
15. Security. Permittee acknowledges that the airfield near part of the area
where work will be performed is bounded by fencing. The fencing
separates the public area from the Secured Area, a highly restricted
access area. Permittee agrees to be responsible for, and to insure that,
none of its employees, agents, subcontractors or representatives gains
access, enters or moves about the Secured Area without prior approval of
the Commission's Executive Director as evidenced by a Commission
issued identification badge or constant escort by a properly badged and
authorized employee of Commission. Further Contractor agrees that it, its
employees, agents, subcontractors and representatives shall comply with
the requirements of Commission's federally mandated security program at
Contractor's sole cost and shall be subject to the penalties of such
program
All work on the project shall be undertaken outside the Secured Area;
therefore, there shall be no need for badging Permittee's employees, nor
may they enter the Secured Area.
16. No Interference. Permittee acknowledges and agrees that the airport,
including its roadways and parking lots, shall be in operation and open to
the general public during the entire term of the Aviation Drive/Towne
Square Blvd Reconfiguration Project. Under no circumstances shall
Permittee block or otherwise obstruct the passage of traffic to and from
the airport terminal and the parking lot without the express, written
consent and subject to the requirements of the Executive Director.
17. Liable for Damaqe to Commission Property. Permittee shall immediately
repair any and all damage to Commission property.
18.1. Forms of Notice. Unless otherwise specified, all notices, consents and
approvals required or authorized by this Permit to be given by or on
behalf of either party to the other, shall be in writing and signed by a
duly designated representative of the party by or on whose behalf they
are given, and shall be deemed given three days after the time a
certified letter, properly addressed, postage prepaid, is deposited in
any United States Post Office, or upon delivery by hand, or one day
after the letter is delivered to an overnight express carrier.
Page 30
18.2. Notice to Commission. Notice to Commission shall be addressed to it
and delivered at the office of the Executive Director, Roanoke Regional
Airport Commission, 5202 Aviation Drive, Roanoke, Virginia 24012,
either by hand or certified letter, postage prepaid, or'at such other
office as Commission may hereafter designate by notice to Permittee
in writing.
18.3 Notice to Permittee. Notice to Permittee shall be addressed and
delivered to either by
hand, certified mail, or overnight express carrier, postage prepaid, or
at such other office in the continental United States as Permittee may
hereafter designate by notice to Commission in writing.
19. Not Assignable. The rights and duties of Permittee hereunder shall be
considered personal and shall not run with the land. Permittee shall
not sell, assign, sublet, or otherwise transfer in any way this permit or
any of Permittee's rights and duties hereunder without the prior
written permission of Commission.
20.1. Entire Permit. This Permit constitutes the entire understanding
between the parties. Any change or modification of this Permit must
be in writing signed by both parties.
20.2. Severability. In the event any provisions hereof shall be finally
declared void or illegal by any court or administrative agency having
jurisdiction, the remaining provisions shall continue in full force and
effect as nearly as possible in accordance with the original intent of
the parties.
20.3. Survivability. Permittee's obligations, liabilities, and responsibilities
hereunder shall survive the expiration or termination of this Permit.
20.4. Headings. The headings used in this Permit are intended for
convenience of reference only and do not define, expand, or limit the
scope or meaning of any provision of this Permit.
20.5. Governing law. This Permit is to be construed in accordance with the
laws of the Commonwealth of Virginia. The parties agree that, to the
extent permitted by law, any action arising from this Permit shall be
Page 31
Director
brought in the state courts of the City of Roanoke, Virginia, or in the
federal court in the district where the Airport is located.
WITNESS the following signatures:
Entrance relocation Construction Permit Redft 112210
Page 32
Roanoke Regional Airport Commission
By:
Jacqueline L. Shuck, Executive
Contractor
By:
EXHIBIT "7"
Deed of Exchange}
Redraft 100710
This Document was Prepared by and Return To:
Office of the City Attorney for the City of Roanoke
Noel C. Taylor Municipal Building
125 Church Avenue, Room 464
Roanoke, Virginia 24011
and
Roanoke Regional Airport Commission
Office of General Counsel
5202 Aviation Drive
Roanoke, Virginia 24012
Roanoke City Tax Map. Nos. 6650104 and 6590101.
Title Insurance for the property acquired by the Roanoke Regional Airport Commission is being
provided by Fidelity National Title Insurance Company, 310 First Street, Suite 1210. Roanoke,
Virginia 24011.
THIS DEED IS EXEMPT FROM THE RECORDATION TAXES AND FEES IMPOSED
UNDER SECTIONS 58.1-801 AND 58.1-802 PURSUANT TO SECTIONS 58.1-8H.A(3)
AND 58.1-811.C(4) OF THE CODE OF VIRGINIA. (1950). AS AMENDED
THIS QUIT CLAIM DEED OF EXCHANGE is made as ofthe _ day of
,2010, by and between ROANOKE REGIONAL AIRPORT COMMISSION, a
body corporate existing under the laws ofthe Comnionwealth of Virginia ("RRAC") acting
pursuant to the authority granted in Resolution No.
, dated
, to be indexed
as both a Grantor and a Grantee, whose address is 5202 Aviation Drive, Roanoke, Virginia
24012-1148; and the CITY OF ROANOKE, a Virginia municipal corporation existing under
Page 33
the laws of the Commonwealth of Virginia ("City"), acting pursuant to the authority granted in
Ordinance No.
dated
to be indexed as both a Grantor and a
Grantee, whose address is Noel C. Taylor Municipal Building, 215 Church Avenue, Room 464,
Roanoke, Virginia 24011.
W!TNE~~E TH:
That for and in consideration of the sum of Ten Dollars ($10.00), and other good and
valuable consideration, receipt and sufficiency of which are hereby acknowledged, and subject to
the terms and conditions contained herein, RRAC does hereby quit claim to City those certain
parcels of land located in the CITY OF ROANOKE. VIRGINIA and more particularly
described on Exhibit A, attached hereto and made a part hereof ("Parcel A"), being a portion of
the same property conveyed to Grantor by deed ofrecord in the Roanoke City Circuit Court Clerk's
Office at Deed Book 1564, page 668; provided and subject to, the Roanoke Regional Airport
Commission does hereby reserve and preserve, for the use and benefit of the Roanoke Regional
Airport, the operators, owners and users of aircraft of all types and for the public in general, as
more particularly set forth, herein, a perpetual easement and right-of-way for the free and
unobstructed flight and passage of aircraft ("aircraft" being defined for the purpose of this
instrument as any contrivance now known or hereafter invented, used, or designed for navigation
of, or flight in or through the air) by whomsoever owned or operated, in and through the airspace
above, over and across the surface of the hereinafter described real property, together with the
right to cause in said airspace such noise, vibration, odors, vapors, particulates, smoke, dust, or
other effects as may be inherent in the operation of aircraft for navigation of or flight or passage
Page 34
in and through said airspace, and for the use of said airspace by aircraft for approaching, landing
upon, taking off from, maneuvering about or operating on the Airport.
The conveyance of Parcel A by RRAC to the City is granted upon and subject to the
following terms and conditions:
SECTION I. City shall not hereafter use, cause or permit to be used, or suffer use of the
Property in such a manner as to create electrical, electronic or other interference with radio, radar,
microwave or other similar means of communications between RRAC and aircraft, or to make it
difficult for the operators of aircraft to distinguish between airport and regularly installed air
navigation lights and visual aids and other lights, or so as to result in glare in the eyes of operators
of aircraft, or to impair visibility in the vicinity of said Airport, or to otherwise endanger the
approaching, landing upon, taking off from, maneuvering about or operating of aircraft on, above
and about said Airport. In the event that City permit or suffer to remain upon the Property any
instrumentality described above, RRAC shall have the right, at its sole option after giving of five (5)
days notice to City, to remove such instrumentality and to use any and all means necessary to
effectuate such right.
SECTION II. The City shall not hereafter plant or construct, cause or permit to be planted,
grown or constructed, or suffer to remain upon the aforesaid Property over which said easement and
right-of-way is situated any bush, shrub, tree, post, fence, building, structure or other obstruction of
any kind or nature whatsoever which now extends, or which may at any time in the future extend,
into the airspace above the Property to an elevation exceeding the current City of Roanoke Airport
Zoning Height Limitations, Roanoke City Code Section 36.2-334, as amended, ("City Zoning
Height Limitations"), or that elevation prescribed in Part 77 of the Federal Aviation Administration
Regulations, 14 Code of Federal Regulations Chapter I, as currently in effect and as the same may,
from time to time, be amended, modified, superseded or replaced ("FAR Part 77"). The. more
restrictive of the applicable provisions of the City Zoning Height Limitations or of FAR Part 77
shall in all events apply and be controlling for purposes of this easement. In the event that City
permits or suffers to remain upon the aforesaid Property over which said easement and right-of-way
is situated any obstruction as defined above, RRAC shall have the right, as its sole option after
giving the five (5) days prior notice to the City, to remove any such obstruction or to mark and light
any such obstruction, and to use any and all means necessary to effectuate said right. City hereby
grants to RRAC a perpetual easement for ingress to and egress from the Property for the purpose of
inspecting and/or measuring to determine the existence of any such obstruction and for the purpose
of exercising its above stated right to remove any such obstruction or to mark and light any such
obstruction.
SECTION III. City hereby expressly release and forever discharge the Roanoke Regional
Airport Commission, its legal representatives, officers, officials, assigns, associates, employees,
agents, and all others acting in concert with RRAC from any and all claims, debts, liabilities,
obligations, costs, expenses, actions, or demands, vested or contingent, known or unknown, whether
Page 35
in tort, contract, or otherwise, which City may now own or hold, or have .at any time theretofore
owned or held, or may at any other time own or hold by reason of noise, vibration, odors, vapors,
particulates, smoke, dust, or other effects as may be inherent in the operation of aircraft, caused or
created by the flight or passage of aircraft in or through the airspace subject to the easement and
right-of-way herein granted. This release is limited to such claims that may arise out ofthe normal
operation of aircraft, and shall not be operative for claims by City or those claiming under City for
any physical or personal injury caused by aircraft crashing into or otherwise coming into direct
physical contact with the Property or persons located thereon.
SECTION IV. The easement and right-of-way granted herein, and all the terms, conditions
and provisions contained herein are intended to and shall run with the land.
SECTION V. Whenever under the terms hereof any notice is required or permitted to be
made, such notice shall be deemed sufficient only if in writing and delivered personally or sent by
certified mail or overnight express carrier, return receipt requested, postage prepaid. Change of
address may be affected by giving written notice as provided above.
SECTION VI. In the event one or more of the provisions contained in this instrument or
any part thereof or any application thereof shall be held invalid, illegal, or unenforceable in any
respect by a court of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions or parts hereof contained herein and any application there of shall not in any
way 1?e affected or impaired thereby.
TO HAVE AND TO HOLD the said easement and right-of-way and all of the rights
appertaining thereto the RRAC, its successors and assign, until the said Airport shall be abandoned
and shall cease to be used for public airport purposes.
AND FURTHER WITNESSETH, that for and m consideration of the sum of Ten
Dollars ($10.00), and other good and valuable consideration, receipt and sufficiency of which are
hereby acknowledged, and subject to the terms and conditions contained herein, City does
hereby quit claim to Roanoke Regional Airport Commission those certain parcels of land located
in the CITY OF ROANOKE. VIRGINIA and more particularly described on Exhibit B,
attached hereto and made a part hereof ("Parcel B").
Page 36
,These conveyances are subject to all easements, conditions, reservations and restrictions
of record as they may lawfully apply to the property herein conveyed.
IN WITNESS WHEREOF, City and Roanoke Regional Airport Commission have each
caused this Deed to be executed, acknowledged, and delivered on their behalf by the
undersigned officer, duly authorized, in accordance with resolutions which are in full force and
effect.
ATTEST:
City of Roanoke
By:
By:
COMMONWEALTH OF VIRGINIA)
) to-wit:
CITY OF ROANOKE )
The foregoing instrument was acknowledged before me in the aforesaid jurisdiction this
_ day of
, 2010, by
, as
of the City of
Roanoke, a Virginia municip~l corporation, on behalf of such entity.
[AFFIX SEAL]
Notary Public
My commission expires:
Page 37
ATTEST:
Roanoke Regional Airport Commission
By:
Cathy Pendleton, Secretary
By:
Jacqueline L. Shuck, Executive Director
COMMONWEALTH OF VIRGINIA)
) to-wit:
CITY OF ROANOKE )
The foregoing instrument was acknowledged before me in the aforesaid jurisdiction this
_ day of
, 2010, by Jacqueline L. Shuck, as Executive Director of the
Roanoke Regional Airport Commission, a Virginia body corporate, on behalf of such entity.
[AFFIX SEAL]
Notary Public
My commission expires:
Page 38
Exhibit A
(description of parcels to be conveyed by RRAC to City)
Page 39
Exhibit B
(description of parcels to be conveyed by City to RRAC)
PARCEL TO BE ADDED TO TAX MAP 6650104
All that certain lot or parcel ofland at the southeast intersection of Aviation Drive, N.W.
and Towne Square Blvd., N.W. in the City of Roanoke, Virginia as shown on a plat of survey
prepared by Mattern and Craig titled "Right of Way Dedication Plat prepared for Roanoke
Regional Airport Commission showing the dedication of new right way for Aviation Dr., NW
and Thirlane Road, NW and the vacation of a portion of the old right of way of Aviation Dr.,
NW and Towne Square Blvd. NW across Parcel 8 (Tax No. 6650104) and creating Parcel 8A
containing 1.6582 Acres" dated September 17,2010 and more particularly described as
follows:
Beginning at an iron pin found at the intersection ofthe existing eastern right of way line
of Aviation Drive, N.W., and the existing southerly right of way line of Towne Square
Boulevard, N.W. marked 6 on said plat; thence leaving the existing right of way line with a new
right of way line of Aviation Dr., N.W. and Towne Square Boulevard, N.W. the following four
(4) courses, N 21 034'48" W 38.44 feet to an iron pin set marked 7 on said plat; thence N
14046'45" W 35.01 feet to an iron pin set marked 8 on said plat; thence N 14055'14" E 45.95
feet to an iron pin set marked I on said plat; thence
N 81014'12" E 128.19 feet to a point on the existing right of way line of Towne Square
Boulevard, N.W. marked 9 on said plat; thence with the existing right of way line of Towne
Square Boulevard, N.W. a curve to the left having a delta of 45020'25", a radius of229.00 feet,
an arc length of 181.22 feet, a chord bearing S 40050'56" E for a distance of 176.52 feet to an
iron pin found marked 6 on said plat, being the point of beginning, and containing 0.1432 Acre,
more or less. The parcel described above being a portion of the existing right of way of Aviation
Dr., N.W. and Towne Square Boulevard, N.W.
PARCEL TO BE ADDED TO TAX MAP 6590101
All that certain lot or parcel ofland at the northwest intersection of Aviation Drive, N.W.
and Thirlane Road, N.W. in the City of Roanoke, Virginia as shown on a plat of survey prepared
by Mattern and Craig titled "Right of Way Vacation Plat prepared for Roanoke Regional Airport
Commission showing a portion ofthe existing right of way of Aviation Dr., NW containing
0.1070 Acres to be vacated by Ordinance and creating ParceI12-A2 containing 604.7555 Acres"
dated September 17,2010 and more particularly described as follows:
Beginning at an iron pin set on the existing western right of way line of Aviation Drive,
N. W. marked I on said plat, said iron pin being N 03039' 52" E 17.12 feet from an iron pin found
on the existing right of way line of Aviation Drive, N.W. marked 6 on said plat; thence leaving
the existing right of way line of Aviation Drive, N.W. with a new right of way line the following
Page 40
three (3) courses, a curve to the left having a delta of 06010'21", a radius of2772.47 feet, an arc
length of298.69 feet, a chord bearing S 11044'18" E for a distance of298.54 feet to an iron pin
set marked 2 on said plat; thence S 06055'33" E 25.24 feet to an iron pin set marked 3 on said
plat; thence a curve to the right having a delta of 45011 '57", a radius of 51.86 feet, an arc length
of 40.91 feet, a chord bearing S 07041 '55" W for a distance of39.86 feet to an iron pin set on the
existing right of way line of Aviation Drive, N.W. marked 4 on said plat; thence with the
aforesaid existing right of way line the following three (3) courses, N 18032'08" W 86.70 feet to
a point marked 5 on said plat; thence N 07004'35" W 259.54 feet to an iron pin found marked ,6
on said plat; thence N 03039'52" E 17.12 feet to an iron pin set marked 1 on said plat, being the
point of beginning, and containing 0.1070 Acre, more or less. The parcel described above being
a portion ofthe existing right of way of Aviation Drive, N.W.
Page 41
.j'
City of Roanoke
Financial Report
Four Months Ended
October 31, 2010
Recent Declines in General Fund Revenues
Flat FY08 to FY09, 2% decline in FY10, FY11 estimate down 1.4%
280
260
Millions 240
220
200
2006 2007 2008 2009 2010 2011*
Fiscal Year
I. Total Revenues I * Adopted budget
7.b.1.
.....~. ~~
General Fund Revenues
Fiscal Year 2011 Adopted Budget
Commonwealth
26%
Personal Property
7%
Charges for Sef\1ces
4%
. Real Estate
o Utility
GI Telecommunications
o Other
FoodIBeverage BPOL
6% 5%
iii Personal Property
iii BPOL
o Commonwealth
II Sales
o Food/Beverage
. Charges for Services
Property Tax Revenues in Slight Decline
Property taxes include real estate, personal property, public service corp
105
100
95
Millions 90
85
80
75 ,.
2006 2007 2008 2009 2010 2011*
Fiscal Year
. Adopted budget
I. Property Tax Revenues I
2
Local Tax Revenues in Significant Decline
Local taxes include sales, meals, lodginf;l, bpol, admissions, utility, etc
74
72
70
Millions 68
66
64
62
2006 2007 2008 2009 2010 2011*
Fiscal Year
. Adopted budget - adjusted to remove impact of meals tax increase to enhance comparability
I. Local Taxes I
Real Estate Tax
Performing as Expected
FY11 Revenue Estimate $77M
.
10
o
40
~ 30
o
E 20
~
YTD Budget 10/31/10
YTD Actual 10/31/10
Largest single revenue with expected growth of .9% over FY10
3
FY11 Marks 4th Year of Sales
Tax Declines
10
Gl
.5
-'U
I: aI
ale (10~
u-
.. -
~j (20)
e
C>
(30)
I-FY 2008 -FY 2009 -FY 2010 -FY20111
This Chart Portrays Sales Tax Growth or Decline
Compared to the Same Month of the Prior Year
Sales Tax Below Estimate with.
4th Consecutive Year Decline
FY11 Revenue Estimate $17.995M
4.6
4.5
~ 4.4
~ 4.3
~ 4.2
4.1
4
Qtr Ended 9/30
I_ Prior YTD Actual 0 YTD Budget III YTD Actual 1
Revenue down 1.8% from last year and 2.2% lower than YTD
budget. September 2010 first month of positive growth since
November 2008.
4
Meals Tax Increased Slightly .
and Ahead of Estimate
4.5
Ul 4
c
o
:i 3.5
FY11 Revenue Estimate $15.341M
3
. Prior YTD adj
o YTD Budget
II YTD Actual
Qtr Ended 9/30/10
When adjusted for the tax rate change, revenue increased
.5% from FY10 and is 3.3% over budget.
Lodging Tax Exceeding BUdget.
and Prior Year
Transient Occupancy Tax Revenue Estimate $2.521 M
1.2
1.1
Ul 1
~ 0.9
~ 0.8
:!: 0.7
0.6
0.5
. Prior YTD adj
o YTD Budget
IiiiI YTD Actual
4 Mo Ended 10/31
Lodging tax revenue is 11.6% over budget and has increased
5.8% since FY10.
5
Funding From the Commonwealth ...J.
26 % of Budget
Budgeted revenues down nearly $3M or 4.2% from FY10
with all categories in decline
Revenue
Shared
(274,000)'
,
(205.~obYf
- (621.000).
Other Local Revenues 111I
All Other Revenues Comprise 5% Budget and Performing as Expected
Interest & rental
...
$ 61.587\1 '18.5% 111'"1
10.116 30.1%....
II ,268.90011169.744\\' 'J125.556)f 98.1%1L. \
2,286,871 1,988,449 (298,422)26.6%___
41.9451~2.9% II---j
37.965 ' '58,8% ___
$ Change
Revenue
, Charges for
Services
Il)ternal Services
, Miscellaneous
6
FY 2011 Adopted Budget
Debt Service
5%
All Other
3%
Public Safety
23%
Parks, Rec.&
Cultural
4%
Community
Dev.
2%
Capital
Public Works Projects
9% 1%
Adopted budget of $253,363,000 reflects reductions
of $9.0 million to facilitate balancing
Expense by Type
Debt Service
5%
Other
Operating
27%
Salary and
Benefits
35,5%
School
Funding
30%
Transfer
to Other
Funds
2,5%
7
Personnel (Salary/Benefit) Lapse
Performing Ahead of Target
$30
III $20
c
o
:i $10
$0
Target
Actual
Fiscal Year savings projected to exceed $1.7 million
budget by $1.6 million
Public Safety Overtime
and Fire/EMS Part-Time
Above Target
.
III $400
-g $300
l}l $200
~ $100
,g $0
I-
Target
Actual
Expenses $39,800 above target
8
Workers' Compensation .
Expenses Above Target
$1,000
$800
~ $600
ij $400
CII
~ $200
o
~ $0
Target
Actual
Expenses $132,735 above target
Comprehensive Services Act
Expenses Below Target
$2
UI
C
.~ $1
:!!:
$0
FY 2010 Actual
FY 2011 Actual
Target
Expenses $35,975 below first quarter target
9
Residential Juvenile Detention
Expenses Below Target
$500
$400
;$300
:; $200
!II
~$100
t:: $0
Target
Actual
, Expenses $130,000 below target
Solid Waste Tipping Fees
Below Target
$800
$600
en
~$400
Of
~ $200
~ $0'
t-
Target
, Actual
Expenses $62,000 below target
10
Motor Fuel Expenses
Below Target
.
~500 j
~
;$200
0$100
-::. $0
.
.
Target
Actual
Expenses $16,400 below target
Civic Facilities Fund
Comparative Statement of Revenues and Expenses
For the Four Months Ending Oct 31, 2009 and 2010
I
I FY 2011 FY 2010 Variance
~perating Revenues $ 1,987,499 $ 1,307,497 52%
I Total Operating Expenses 2,775,679 2,046,223 -36%
I
~I!erating Loss I (788,180) - ~738,726) -7%
Net Nonoperating Expenses (175,377) (181,534) 3%
I
Loss Before Transfers and Contributions (963,557) - f--(920,260) -5%
Net Transfers and Contributions (42,025) (2,237) i 1779%
I r $ (1 ,005,582)1-l $ I
Change in Net Assets i (922,497) I -9%
I I i I I I
o fewer events in FY11 but higher attendance
o overall operating margin down 7% - challenges with ice making equipment and
non-sponsored events have narrowed operating margin by $50,000 compared to
prior year
o FY10 net transfers included a non-recurring transfer in for capital
11
Parking Fund
Comparative Statement of Revenues and Expenses
For the Four Months Ending Oct 31, 2009 and 2010
I FY 2011 FY 2010 Variance
Total Operating Revenues $ 943,254 $ 891,037 6%
, Total Operating Expenses 432,156 702,181 38%
r--- I
l-9.p'!!ratinglncome 511,098 188,856 171%
I Net Nonoperating Expenses (219,595) (145,668) -51%
Income Before Transfers and Contributions 291,503 43,188 575%
Net Transfers and Contributions 0%
Change in Net Il6sets I 1$ 291,503 $ 43,188 575%
I I I I
. Operates seven garages and six surface lots,
. FY11 operating expenses significantly lower due to timing difference in payment of
management fee
. Adjusted for this, the improvement to income before transfers would be
approximately $40,000 '
. Non-operating expense increase from interest expense on bonds issued in 2010
Market Building Fund
Comparative Statement of Revenues and Expenses
For the Four Months Ending Oct 31, 2009 and 2010
I
I FY 2011 FY 2010 Variance
I
~perating Revenues $ 11,378 $ 70,058 -84%
~peratingfpenses 86,017 105,047, 18%
~perating Loss I (74,639) (34,989) -113%
Net Nonoperating Revenues 3,522 4,156 -15%
I
Loss Before Transfers & Contributions (71,117) (30,833) ,131%
Net Transfers and Contributions , 2,205,062 -100%
i
I
Change in Net Il6sets I $ (71,117) $ 2,174,229 103%
I I i i
. FY10 transfer provided funding for renovation project
Activity significantly impacted by closure of facility for renovations
12
School General Fund Revenues
Quarter Ended Sept 30th
FY11 FY10 $ Change % FY11 %
Change of Budget
State Revenue $ 10,630,387 $ 12,828,335 (2,197,948) -17,1% 20,2%
Sales Tax 2,595,344 2,721,704 (126,360) -4,6% 24,0%
Federal Revenue 3,820 7,203 (3,383) -47,0% 3,8%
Other Revenue 529,403 389,346 140,057 36,0% 18,5%
City Funding 17,091,365 15,961,865 1,129,500 7,1% 25,0%
Total Revenues 30,850,319 31,908,453 (1,058,134) -3.3% 22.5%
School General Fund Expenditures
Quarter Ended Sept 30th
FY11 FY10 $ Change % FY11 %
Change of Budget
Instruction $ 11,853,485 $11,949,742 ($ 96,257) -0,8% 12,9%
Administration, 2,036,581 2,365,169 (328,588) -13,9% 19,3%
Attendance & Health
Transportation 1,889,555 1,699,828 189,727 11,2% 23,2%
Operations & 2,742,317 2,882,241 (139,924) -4,9% 21,3%
Facilities
Debt Service 5,915,443 5,863,997 51 ,446 ,9% 62,7%
Total Expenditures 24,437,381 24,760,977 (323,596) -1.3% 18.4%
13
Pension Plan Trust
400
350
300
250
200
150
100
50
o -
. Low (2128/09)
. 6/30/08
o 6/30/09
1!!16/30/10
.10/31/10
I!!I Hi h 10/31/07
Roanoke
Performance Period Pension Plan Policy
Rscal YTD 13,9% 12,0%
One Year 15,5% 13,1%
Three Years -1,7% -2.7%
Rve Years 4.7% 3,6%
Asset AIIDcation 10/31/10
Market Value Assets
(Millions)
~ -~
~
~ -----IIllIlll
. US Equities
I!J Real Estate
13 Convertibles
. US Fixed Income
I!I Cash Equiv
o Balanced
. International Equities
..,
Reserves
10131110 Balance
Reserve Policy
U ndesig nated 24,111,867 10% budget by FY 2016
9,5% budget
Economic & Community 348,915 $1 M floor; balance increased to $4,0
Development million in November upon sale of
Commonwealth Building
Risk Management Reserve (880,628) Reserve of 25% self-insured claims +
10% fully insured premiums + $1 M
catastrophic by FY 2016
Economic Downturn 0 5% budget - to be established once
Reserve revenues return to FY09 level
14
In Short
Performance as Expected
Viewed with Precaution
· Revenues expected to meet budget
· Cautious monitoring of local tax performance,
especially sales tax
· Continued risk of cuts in State funding
· Expenditures, in the aggregate, are well-positioned to
remain within budget
· Expenditure savings sufficient to address identified
expenditure issues
'I
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
JOHN W, BINGHAM, CPA
Assistant Director of Finance
ANN H, SHAWVER, CPA
Director of Finance
ANDREA F, TRENT
Assistant Director of Finance
December 6, 2010
Honorable David A. Bowers, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable William D. Bestpitch, Council Member
Honorable Raphael E. Ferris, Council Member
Honorable Sherman P. Lea, Council Member
Honorable AnitaJ, Price, Council Member
Honorable Court G. Rosen, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: October Financial Report - City of Roanoke
September Financial Report - Roanoke City Public Schools
The following financial report provides commentary on the City's financial
results for the first four months of this fiscal year.
General Fund revenues through October of FY11 are 0.4% or $299,000 above
last year as presented in the accompanying financial statement: Real Estate Tax
collections have increased 1.2% over last year as a result of an increase in
commercial reassessments and new construction. Sales tax has declined due to
current economic impacts. However, other local taxes, such as Utility
Consumer, Transient Occupancy, Admissions, and Telecommunications taxes
have increased. The most notable impact to the Other Local Tax category is the
increase in Prepared Food and Beverage Tax due to the tax rate increase from 5%
to 7%.
The current expenditure budget for FY11 represents a 1.5% decrease from the
budget as of October FY10 due primarily to budget reduction measures in
programs and services. As of October, actual expenditures are down 4.8%
compared to the first four months of FY1 0, largely driven by decreased costs in
Public Works and Transfers to Debt Service. Education, the largest expenditure
category, increased based on City support to schools in order to offset State
funding reductions. Both positive and negative variances are discussed in the
expenditure section of this narrative.
Honorable Mayor and Members of Council
December 6, 2010
Page 2
Revenues:
The current revenue budget for FY11 represents a 1.4% decline compared to the
October 2009 budget. The largest decrease in the current budget compared to
the FY1 0 budget as of October is in the Intergovernmental category, followed by
the second largest in the Other Local Tax category. While some trends in our
revenues are emerging, it is important to take into account that the due dates
for some of our major taxes, business license, the second installment of real
estate, and personal property, are due in the second half of the fiscal year.
Commentaries on significant variances are shown below.
General Property Taxes increased 1.1 % or $448,000 compared to FY10 due to
growth in real estate assessments, most notably due to new construction. The
first installment of the real estate tax, which was due October 5, has resulted in
a collection rate of 50.4% of the FY11 budget. Partially offsetting the increase in
this category is a decline in personal property tax revenue due to lower monthly
billing. However, the due date for the majority of FY11 personal property taxes
is not until the second half of the fiscal year.
Other Local Taxes increased 10.3% or $1,238,000 compared to FY1 O. The main
driver for this large increase is the rate change in the Prepared Food and
Beverage Tax. Adjusted for the rate change impact, this category grew 1.0% or
$134,000. Many of our local taxes are trending higher than the prior year.
Utility Consumer, Transient Occupancy, Admissions, and Telecommunication
taxes increased by 13.7%, 5.8%, 5.3% and 10.8%, respectively. Some of our
other local taxes are trending lower due to the negative impact of the national
economic decline. Sales tax revenues are 1.8% lower this year through
September sales. Cigarette and Recordation taxes have also declined compared
to last fiscal year.
Permits. Fees. and Licenses increased 26.9% or $62,000 compared to FY10 due
in part to a large refund paid in the prior fiscal year of $15,000. Adjusted for
the impact of this refund, the category increased 18.9% or 46,000. New
construction has rebounded, resulting in an increase in permit revenues. Large
permits obtained thus far in FY11 include construction for the City Market
Building and Brandon Oaks Apartments.
Revenue from the Use of Money and Property fell 36.9% or $99,000 compared to
FY10 due in part to the expected loss of rental income from the Commonwealth
Building. The relocation of the Health Department from a City-owned building to
the Civic Mall location also contributed to the decline in rental income. This
revenue category is performing as anticipated in the budget.
Honorable Mayor and Members of Council
December 6, 2010
Page 3
Intergovernmental revenues decreased 8.1 % or $1,137,000 compared to last
year. It is important to note that there is a large timing difference due to the
reversal of a prior year revenue accrual for snow disaster reimbursements of
$306,000 that has not yet been collected. Adjusted for this timing issue,
Intergovernmental revenues fell 5.9% or $831,000. The variance is primarily due
to decreases in funding from the Compensation Board for Constitutional Officers
as well as net decreases in social services revenues, most notably
reimbursements for day care expenditures paid by the City. Also contributing to
the decline is reduced funding for Jail Per Diems and HB599 Law Enforcement
revenues.
Charges for Services decreased 13.0% or $298,000 compared to FY10 due in
part to lower revenues received for housing federal prisoners and prisoners from
other localities. The opening of the regional jail last year continues to impact
these revenues. Also contributing to the decline is a decrease in billings for
Emergency Medical Services. This reduction is the result of a timing issue and
billings are expected to catch up over the next couple of months.
Expenditures:
The fiscal year 2011 General Fund expenditure budget totals $254.0 million and
includes funding of approximately $599,000 to cover contracts and purchase
orders made during fiscal year 2010 but not paid by the end of that year. The
General Fund expenditures and encumbrances through October were $91.0
million and represent a decrease of 4.8% or approximately $4.6 million
compared to FY10. The current fiscal year budget is 1.5% or $3.9 million lower
than the FY10 budget as of October. In addition, FY10 includes budgeted
expenditures of $714,000 for technology maintenance contracts that were
expended in the Department of Technology fund in prior years. The majority of
these costs are in the General Government category. Adjusted for this
expenditure in the General Fund, actual expenditures declined 5.5% or
approximately $5.3 million compared to FY1 O.
Expenditure variances are discussed in the following sections.
General Government expenditures grew 9.8% or $420,000 primarily due to a
change in the allocation of technology maintenance contract costs in FY11.
Adjusted for this, the category declined 1.0% or $44,000. Previously costs were
billed monthly through the Department of Technology to the General Fund.
Currently, contracts are fully obligated in the General Fund.
Public Works expenditures are budgeted to decrease 7.9% from the FY10 budget
and are currently 14.6% or $1.6 million below actual expenditures through
October when compared to the prior year. The expenditure variance is due
Honorable Mayor and Members of Council
December 6, 2010
Page 4
primarily to a decrease in street paving. In addition to a decreased budget for
paving in FY11, this category is impacted by a timing difference in contracting
for paving planned for this year. Also contributing to the variance is a decline in
Streets and Traffic maintenance costs.
Community Development expenditures decreased 16.2% or $395,000 due
primarily to the decline in Memberships and Affiliation costs. Adjusted for a
timing difference in the semi-annual payment to Downtown Roanoke,
Incorporated, the variance in this category is a decline of 7.7% or $187,000.
Transfers to Debt Service declined 14.9% or $2.1 million from FY10. Series
1999A and 1999B bonds were paid off in FY10. In addition, the issuance of
Series 201 OA Refunding Bonds decreased the required Transfers to Debt Service
for the City and Schools.
Nondepartmental expenditures decreased 12.8% or $143,000. There were
declines in transfers to the Grant and Fleet Management funds as of October
compared to the prior fiscal year.
Civic Facilities Fund
For FY11 year-to-date, the Civic Center has held 78 events with 64,366
attendees. This is 14.3% or 13 less events, but 24.5% or 12,658 more attendees
than in the same time period of FY10. Problems with ice making equipment
resulted in additional maintenance expense and lost ice rental revenue, both
contributing to a worsened bottom line. Also, as Global Spectrum has raised the
quality of events held, through promotion or co-promotion, costs have increased
for such items as talent, stagehands, production, advertising, catering, and
security. (For example, Global Spectrum purchased and produced the Liza
Minnelli/Roanoke Symphony Orchestra show in early September without a
partner.) While event revenues have also increased, the net effect has
contributed to an increase in the year-to-date Operating Loss of about 6.7% or
$50,000 when compared to FY1 O.
Parking Fund
The City's Parking Fund operates seven garages and six surface lots with a total
FY11 budget of just over $3.0 million. The FY11 year-to-date operating revenues
are up 5.9% or $52,000 compared to FY10. A revitalized Market Garage and a
rebounding Church Avenue Garage account for most of the revenue increase.
Tower Garage is significantly behind FY10. Vacancies caused by the exit of
Carilion and Wachovia have not yet been filled. Meridium's office relocation will
further hurt Tower's performance. Gainsboro Garage is also significantly behind
Honorable Mayor and Members of Council
December 6,2010
Page 5
last year in both daily and monthly parking. Long term parking has been hurt by
the Higher Ed Center utilizing a private lot previously used by the Social Security
Administration. Increased street parking continues to affect short term parking
revenues. In all, six facilities are ahead of FY1 0, six are behind FY1 0, and one is
even. On the expense side, spending levels are under those of FY1 O. Due to the
development of a new contract with Lanier Parking (the previous one expired July
31, 2010), the attached financial statement' reflects only one month of
management fees, not four. When this is taken into consideration, the bottom
line improvement from FY10 to FY11 would be approximately $40,000.
While each facility generates varying levels of income or loss, the Parking Fund
as a whole meets all cash flow needs, including debt service, without General
Fund subsidy and generates working capital to fund facility improvements and
repairs.
Market Building Fund
The Market Building ceased operations on September 4, 2010, with building
renovations starting shortly thereafter. Because of this, comparisons to FY10
are not meaningful. FY11 expenses shown may still increase slightly, as late
billings and settle-up invoices are received.
Roanoke City Public Schools:
Financial performance on Roanoke City Public Schools is reported to City Council
on a quarterly basis. These results are reported on a one-month lag compared
to City results based on the timing of School Board and City Council meetings.
Accordingly, this report includes results through September. The School Fund
amounts as presented in this report correspond with amounts reported to the
School Board on November 9,2010.
Revenues:
School Fund revenues declined by 3.3% or $1.1 million compared to FY10. The
primary factor in the revenue decline was State budget reductions.
State - Excluding Sales Tax declined 17% or $2.2 million in accordance with FY11
budget projections of State school funding reductions.
Transfer from the City of Roanoke increased 7% or $1.1 million due to the City's
increased support for education. The City raised the Food & Beverage tax rate
from 5% to 7% in order to partially offset State funding reductions.
Honorable Mayor and Members of Council
December 6, 2010
Page 6
Expenditures:
School Fund expenditures decreased 1.3% or $324,000 compared to FY1 O.
Administration. Attendance and Health expenditures decreased 14% or $324,000
due to reduced staff in accordance with the FY11 budget.
Transportation expenditures increased 11 % or $190,000 due to contractually
imposed rate increases and increased costs for field trips and athletic contests.
Operations and Facilities expenditures declined 5% or $140,000 due to a
reduced summer work program in FY11 compared to FY1 O.
In closing, we continue to experience many challenges. The national economy is
improving at a slow pace and the impact to the City on the local tax revenue side
continues. The City works to be proactive in addressing financial responsiqilities
and to manage expenditures accordingly. Please contact me with any questions
you have on the City financial statements.
Sincerely,
t0B~
Ann H. Shawver
Director of Finance
Attachments
c: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Drew Harmon, Municipal Auditor
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Assistant City Manager
R. Brian Townsend, Assistant City Manager
Amelia C. Merchant, Director of Management and Budget
Deborah J. Moses, Parking Facilities Manager
Chris M. Connelly, General Manager, Global Spectrum
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent of Operations,
Roanoke City Public Schools
City of Roanoke, Virginia
Report of City Manager Transfers
Period Ended October31, 2010
Transfer
Number Date Explanation From To Amount
CMT10-00159 08/13/10 Funding for Consultant Fee and Budget Contingency Human Resources $ 30,000
Ancillary Costs Associated with
the Economic Development
Director Search
CMT10-00182 08/23/10 Reimburse Financial System Capital Improvement Advantage Financial System 72,400
Project for Funds Borrowed to Reserve Upgrade Project
Provide a Portion of Local Match
for Fire-EMS Digital Radio Grant
CMT10-00186 08/31/10 Fund Regulated Waste Disposal Fleet Management and Environmental Management 15,331
for FY11 in Environmental Building Maintenance
Management
CMT10-00189 09/02/10 Provide for Replacement of Hand, Capital Improvement Parking Enforcement 10,378
Held Devices Used by Parking Reserve Equipment Project
Enforcement Officers
Notes:
Under City Code section 2-121, the City Manager has authority to make transfers upto $75,000 between departments from
July through March and in any amount from April to June, The City Manager has the authority to make unlimited transfers
within departments, The scope of this report is limited to interdepartment transfers that are $10,000 or greater,
Transfer
Number
Date
Balance of Contingency at July 1, 2010
Continoency Transfers:
CMT10-00159
08/13/10
CMT10-00185
08/27/10
City of Roanoke, Virginia
Report of City Manager Contingency
Period Ended October 31,2010
Explanation
Funding for Consultant Fee
and Ancillary Costs
Associated with the
Economic Development
Director Search
Funding for Eat for
Education Campaign
Available Contingency at October 31, 2010
2
To
Human Resources
Office of Communications
Amount
, $ 1,211,927
(30,000)
(1,800)
$ 1,180,127
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2010
STATEMENT OF REVENUE
(UNAUDITED)
Current Revenue
Revenue Budget
Revenue Source Budget Variance
General Property Taxes $ 101,962,000 $ (62,346.477)
Other Local Taxes 71,628,000 (58,392,585)
Permits, Fees and Licenses 1,038,000 (747,569)
Fines and Forfeitures 1,606,000 (1,122,609)
Revenue from Use of Money and Property 173,000 (3,256)
Intergovernmental 66.405,000 (53.493,793)
Charges for Services 7.477,000 (5.488,551 )
Internal Services 2,547,000 (1,963,304)
Transfers From Other Funds 10,565
Miscellaneous Revenue 537,268 (221,604)
Total $ 253,383,833 $ (183,779,748)
Actual
July 1 - October 31
2010-2011
$ 39,615,523
13,235.415
290.431
483,391
169,744
12,911,207
1,988.449
583,696
10,565
315664
$ 69,604,085
Actual Percent of
July 1 - October 31 Budget FY11 vs FY10
2009 - 2010 Received Variance
$ 39,167,275 38,9% 1,1 %
11,997,189 18,5% 10,3 %
228,830 28,0% 26,9 %
472,986 30,1% 2,2 %
268,900 98,1% -36,9 %
14,048,161 19.4% -8.'1 %
2,286,871 26,6% -13,0 %
536,841 22,9% 8,7 %
20,000 100,0% -47,2 %
277,679 58,8% 13,7 %
$ 69,304,732 27,5% 0,4 %
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Current
Expenditure Unencumbered
Expenditures Budget Balance
General Government $ 12,649,341 $ 7,959,761
Judicial Administration 7,564,339 5,223,683
Public Safety 57,034,117 35,372,193
Public Works 23,764,630 14,636,291
Health and Welfare 38,921,383 27,141,618
Parks, Recreation and Cultural 9,164.472 5,393,413
Community Development 6,092,872 4,055.453
Transfer to Debt Service Fund 20,543,833 8,699,554
Transfer to School Fund 68,365.461 45,576,974
Nondepartmental 9,882,138 8,905,291
Total $ 253,982,586 $ 162,964,231
Actual
July 1 - October 31
2010 - 2011
$ 4,689,580
2,340,656
21,661,924
9,128,339
11,779,765
3,771,059
2,037.419
11,844,279
22,788,487
976 847
$ 91,018,355
3
Actual . Percent of
July 1 - October 31 Budget FY11vsFY10
2009 - 2010 Obligated Variance
$ 4,269,271 37,1% 9,8 %
2,517,333 30,9% -7,0 %
22,768,974 38,0% -4,9 %
10,693,046 38.4% -14,6 %
12,630,546 30,3% -6,7 %
3,938,332 41,1% -4,2 %
2.432,124 33.4% -16,2 %
13,919,645 57,7% -14,9 %
21,282,487 33,3% 7,1 %
1 ,120,256 9,9% -12,8 %
$ 95,572,014 35,8% -4.8 %
4
5
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE FOUR MONTHS ENDED OCTOBER 31,2010
(UNAUDITED)
FY 2011
FY 2010
Operatina Revenues
Charges for Services
$
11,378
$
70,058
Total Operating Revenues
11,378
70,058
Operatina Expenses
Other Services and Charges
Depreciation
48,953
37,064
71,831
33,216
Total Operating Expenses
86,017
105,047
Operating Loss (74,639) (34,989)
Nonoperatina Revenues
Investment Income 3,522 4,156
Net Nonoperating Revenues 3,522 4,156
Loss Before Transfers & Contributions (71,117) (30,833)
Transfers and Contributions
Transfer from Capital Projects Fund 2,205,062
Net Transfers and Contributions 2,205,062
Change in Net Assets $ (71,117) $ 2,174,229
6
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED OCTOBER 31,2010
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 OCTOBER 31,2010,
BALANCE AT
SEP 30, 2010
CONSOLIDATED FUNDS $76,313,495,84
RECEIPTS
$25,384,012,04
BALANCE AT
DISBURSEMENTS OCT 31, 2010
$32,488,476,13 $69,209,031.75
BALANCE AT
OCT 31, 2009
$79,233,376,27
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY
TO THE CITY OF ROANOKE~ VIRGINIA, FOR THE FUNQS OF THE VARIOUS ACCOUNTS THEREOF
FOR THE MONTH ENDING OCTOBER 31,2010, THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN WACHOVIA BANK
CASH IN HOMETOWN BANK
CASH IN VALLEY BANK
INVESTMENTS:
WACHO\LIA 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
$17,182.93
191,067.15
100.00
2,634.12
58,000.00
20,559,837.83
6,246,498.26
17,049,379.98
4,000,000.00
2,175,281.52
18,909,049.96
$69,209,031.75
~~6~
NOVEMBER 16, 2010
7
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2010
(UNAUDITED)
FY 2011 FY 2010
Additions:
Employer Contributions $ 3,289,711 $ 3,403,309
Investment Income
Net Appreciation in Fair Value of Investments 36,452,354 26,341,754
Interest and Dividend Income 936,965 ' 1,560,083
Total Investment Gain 37,389,319 27,901,837
Less Investment Expense 57,650 85,430
Net Investment Gain 37,331,669 27,816,407
Total Additions $ 40,621,380 $ 31,219,716
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase
$ 9,495,234 $ 9,172,887
8,498 9,743
9,503,732 9,182,630
31,117,648 22,037,086
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance October 31
280,476,609
$ 311,594,257
266,428,241
$ 288,465,327
8
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
OCTOBER 31, 2010
(UNAUDITED)
FY 2011
Assets
Cash
Investments, at Fair Value
Due from Other Funds
$
314,910,767
954
Total Assets
$ 314,911,721
Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accounts Payable
$ 3,315,982
1,482
Total Liabilities
3,317,464
Net Assets Held in Trust For Pension Benefits
$ 311,594,257
FY 2010
$
290,883,115
817
$ 290,883,932
$ 2,416,782
1,823
2,418,605
$ 288,465,327
* Negative cash balances of $939,717and $115,230 for FY 2011 and FY 2010, respectively, are included
in Due to Other Funds, Cash balances fluctuate based on the timing of transfers from Investments and
are not reflective of a change in cash availability,
9
Revenue Source
State, Excluding Sales Tax
State Sales Tax
State Stabilization Funds
Federal Revenue
Other Revenue
Transfer from the City of Roanoke
Total
Exoenditures
Instruction
Administration, Attendance and Health
Transportation
Operations and Facilities
Debt Service
Interfund Transfer to Athletics Fund
Total
CITY OF ROANOKE, VIRGINIA
SCHOOL GENERAL FUND
FOR THE THREE MONTHS ENDED SEPTEMBER 30,2010
Current
Revenue
Budget
$ 52,540,685
10,816,000
2,500,000
100,000
2,869,000
68,365,461
$ 137,191,146
STATEMENT OF REVENUE
Actual
July 1 - September 30
2010-2011
$ 10,630,387
2,595,344
-
3,820
529,403
17 091 365
$ 30,850,319
Actual Percent of
July 1 - September 30 Budget FY11 vs FY10
2009 - 2010 Received Variance
$ 12,828,335 20,2% -17,1 %
2,721,704 24,0% -4,6 %
0,0% 0,0 %
7,203 3,8% -47,0 %
389,346 18,5% 36,0 %
15,961,865 25,0% 7,1 %
$ 31,908,453 22.5% -3.3 %
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Current
Expenditure
Budget
$ 93,805,676
10,804,000
8,186,188
14,066,672
9,428,610
900,000
$ 137,191,146
Actual
July 1 - September 30
2010-2011
$ 11,853,485
2,036,581
1,889,555
2,742,317
5,915,443
-
$ 24,437,381
Actual
July 1 - September 30
2009 - 2010
$ 11,949,742
2,365,169
1,699,828
2,882,241
5,863,997
$ 24,760,977
Note: The Food Services and Athletics Funds are not included in this financial statement.
10
Percent of
Budget
Obligated
12,6%
18,9%
23,1%
19,5%
62,7%
0,0%
17,8%
FY11 vs FY10
Variance
-0,8 %
:13,9 %
11,2 %
-4,9 %
0,9 %
0,0 %
-1.3 %
'~
City of Roanoke, Virginia
Monthly Financial Report
September 30,2010
Prepared by the City of Roanoke Department of Finance
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2010
STATEMENT OF REVENUE
(UNAUDITED)
Current Revenue
Revenue Budget
Revenue Source Budget Variance
General Property Taxes $ 101,962,000 $ (74,453,751)
Other Local Taxes 71,628,000 (63,274,982)
Permits, Fees and Licenses 1,038,000 (795,707)
Fines and Forfeitures 1,606,000 (1,248,627)
Revenue from Use of Money and Property 173,000 (50,778)
Intergovernmental 66,405,000 (56,757,372)
Charges for Services 7,477,000 (6,155,120)
Internal Services 2,547,000 (2,106,490)
Transfers From Other Funds 10,565
Miscellaneous Revenue 527,000 (346,665)
Total $ 253,373,565 $ (205,189,492)
Actual
July 1 - September 30
2010 - 2011
$ 27,508,249
8,353,018
242,293
357,373
122,222
9,647,628
1,321,880
440,510
10,565
180,335
$ 46,164,073
Actual
July 1 - September 30
2009 - 2010
$ 23,104,540
7,498,748
173,376
357,582
149,833
10,312,489
1,732,514
437,020
20,000
185,304
$ 43,971,406
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Current
Expenditure Unencumbered
Expenditures Budget Balance
General Government $ 12,649,341 $ 9,924,722
Judicial Administration 7,564,339 6,360,797
Public Safety 57,034,117 44,971,100
Public Works 23,754,362 19,793,205
Health and Welfare 38,921,383 31,438,003
Parks, Recreation and Cultural 9,164,472 6,787,973
Community Development 6,092,872 4,656,493
Transfer to Debt Service Fund 20,543,833 16,159,017
Transfer to School Fund 68,365,461 51,274,096
Nondepartmental 9,882,138 9,032,674
Total $ 253,972,316 $ 200,396,060
c
Actual
July 1 - September 30
2010-2011
$ 2,724,619
1,203,542
12,063,017
3,961,157
7,483,380
2,376,499
1,436,379
4,384,816
17,091,365
849,464
$ 53,574,236
Actual
July 1 - September 30
2009 - 2010
$ 3.317,273
1,931,658
18,004,003
9,004,921
9,170,689
3,260,345
1,818,292
4,766,526
15,961,865
1,144,664
$ 68,360,236
Percent of
Budget
Received
27,0%
11,7%
23,3%
22,3%
70,6%
14,5%
17,7%
17,3%
100,0%
34,2%
19,0%
Percent of
Budget
Obligated
21,5%
15,9%
21,2%
16,7%
19,2%
25,9%
23,6%
21,3%
25,0%
8,6%
21,1%
FY11 vs FY10
Variance
19,1 %
11.4 %
39,8 %
-0,1 %
-18.4 %
,6.4 %
-23,7 %
0,8 %
-47,2 %
-2,7 %
9,6 %
FY11 vs FY10
Variance
-17,9 %
-37,7 %
-33,0 %
-56,0 %
-18.4 %
-27,1 %
-21,0 %
-8,0 %
7,1 %
-25,8 %
-21,7 %
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2010
(UNAUDITED) ,
FY 2011 FY 2010
,Operatin~ Revenues
Rentals $ 223,187 $ 417,373
Event Expenses 447,399 265,827
Advertising , 40,978 12,501
Admissions Tax 50,999 84,280
Facility Surcharge/Ticket Rebate 41 ,726 55,899
Commissions 27,543
Ancillary 11 ,765 22,834
Miscellaneous 24,867 14,102
Total Operating Revenues 840,921 900,359
Operatin~ Expenses
Personal Services 313,077 250,721
Operating Expenses 1,012,972 930,514
Management Fees 83,211 78,060
Depreciation 228,639 233,490
Total Operating Expenses 1,637,899 1,492,785
Operating Loss (796,978) (592,426)
Nonoperati'n~ Revenues/(Expenses)
Other ( 346)
Investment Income 13,695 4,399
Interest Expense ( 145,230) (152,234)
Net Nonoperating Expenses (131,535) (148,181)
Loss Before Transfers and Contributions (928,513) (740,607)
Transfers and Contributions
Transfer from Capital Projects Fund 47,447
Net Transfers and Contributions 47,447
('
Change in Net Assets $ (928,513) $ (693,160)
2
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2010
(UNAUDITED)
FY 2011 FY 2010
Operatin~ Revenues
Market Garage $ 99,415 $ 75,614
Elmwood Park Garage 1 32,192 128,987
Center in the Square Garage 79,126 73,425
Church Avenue Garage 168,396 154,755
Tower Garage 95,390 106,357
, Gainsboro Garage 27,314 35,862
Campbell Garage 9,881 5,949
Williamson Lot 22,435 22,634
Higher Ed Center Lot 10,631 14,543
Market Lot 5,988 5,357
Elmwood Lot 20,126 20,099
Warehouse Row Lot 9,104 9,065
West Church/YMCA Lots 6,567 6,567
Parking Violations (All Locations) 19,870 11,569
Total Operating Revenues 706,435 670,783
Operatin~ Expenses
Operating Expenses 126,370 296,960
Depreciation 206,883 208,914
Total Operating Expenses 333,253 505,874
Operating Income 373,182 164,909
Nonoperatin~ Revenues/(Expenses)
Investment Income 12,242 7,265
Interest Expense (176,956) (115,690)
Net Nonoperating Expenses (164,714) (108,425)
Income Before Transfers and Contributions 208,468 56,484
Transfers and Contributions
Net Transfers and Contributions
Change in Net Assets $ 208,468 $ 56,484
3
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2010
(UNAUDITED)
FY 2011
FY 2010
Operatina Revenues
Charges for Services
$
11,378
$
52,437
Total Operating Revenues
11,378
52,437
Operatina Expenses
Other Services and Charges
Depreciation
43,807
27,798
46,297
24,912
Total Operating Expenses
71,605
71,209
Operating Loss (60,227) (18,772)
Nonoperatina Revenues
Investment Income 2,609 2,453
Net Nonoperating Revenues 2,609 2,453
Loss Before Transfers & Contributions (57,618) (16,319)
Transfers and Contributions
Transfer from Capital Projects Fund 2,205,062
Net Transfers and Contributions 2,205,062
Change in Net Assets $ (57,618) $ 2,188,743
4
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
, GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED SEPTEMBER 30,2010
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 SEPTEMBER 30,2010,
BALANCE AT
AUG 31, 2010
CONSOLIDATED FUNDS $62,615,295.40
RECEIPTS
$42,896,214,98
BALANCE AT
DISBURSEMENTS SEP 30, 2010
$29,198,014,54 $76,313,495.84
BALANCE AT
SEP 30, 2009
$90,680,217,39
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 SEPTEMBER 30,2010, 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
$16,076.04
2,114,275.44
100.00
2,632.83
146,000.00
29,680,309.45
6,245,274.63
13,029,125.19
4,000,000.00
2,174,927.49
18,904,774.77
$76,313,495.84
OCTOBER 21,2010
~P6~RER
5
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2010
(UNAUDITED)
FY 2011 FY 2010
Additions:
Employer Contributions $ 2,455,608 $ 2,541,235
I nvestment Income
Net Appreciation in Fair Value of Investments 27,731,419 32,157,391
Interest and Dividend Income 559,741 1,192,870
Total Investment Gain 28,291,160 33,350,261
Less Investment Expense (1,346) (43,826)
Net Investment Gain 28,292,506 33,394,087
Total Additions $' 30,748,114 $ 35,935,322
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase
$ 7,121,426 $ 6,872,756
649 3,661
7,122,075 6,876,417
23,626,039 29,058,905
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance September 30
280,476,609
$ 304,102,648
266,428,241
$ 295,487,146
6
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
SEPTEMBER 30, 2010
(UNAUDITED)
FY 2011 FY 2010
Assets
, Cash $ 130,670 $ 350,612
Investments, at Fair Value 306,339,821 297,430,104
Due from Other Funds 954 477
Total Assets $ 306,471,445 $ 297,781,193
Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accounts Payable
$ 2,368,791
6
$ 2,293,689
358
Total Liabilities
2,368,797
2,294,047
Net Assets Held in Trust For Pension Benefits
$ 304,102,648
$ 295,487,146
7
City of Roanoke, Virginia
Monthly Financial Report
August 31,2010
Prepared by the City of Roanoke Department of Finance
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
FOR THE TWO MONTHS ENDED AUGUST 31,2010
STATEMENT OF REVENUE
(UNAUDITED)
Current Revenue
Revenue Budget
Revenue Source Budget Variance
General Property Taxes $ 101,962,000 $ (99,703,161)
Other Local Taxes 71,628,000 (68,062,977)
Permits, Fees and Licenses 1,038,000 (881,850)
Fines and Forfeitures 1,606,000 (1,363,275)
Revenue from Use of Money and Property 173,000 (84,235)
Intergovernmental 66,405,000 (63,957,816)
Charges for Services 7,477,000 (6,606,957)
Internal Services 2,547,000 (2,246,287)
Transfers From Other Funds 10,565
Miscellaneous Revenue 527,000 (379,385)
Total $ 253,373,565 $ (243,285,943)
Actual
July 1 - August 31
2010 - 2011
$ 2,258,839
3,565,023
156,150
242,725
88,765
2,447,184
870,043
300,713
10,565
147,615
$ 10,087,622
Actual Percent of
July 1 - August 31 Budget FY11 vs FY10
2009 - 2010 Received Variance
$ (320,487) 2.2% -804,8 %
3,071,872 5,0% 16,1 %
119,146 15,0% 31,1 %
235,715 15,1% 3,0 %
108,188 51,3% -18,0 %
2,358,791 3,7% 3,7 %
1,101,401 11,6% -21,0 %
145,937 11,8% 106,1 %
20,000 100,0% -47,2 %
101,267 28,0% 45,8 %
$ 6,941,830 4,0% 45,3 %
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Current
Expenditure Unencumbered
Expenditures Budget Balance
General Government $ 12,649,341 $ 10,086,559
Judicial Administration 7,564,339 6,481,180
Public Safety 57,034,117 45,282,043
Public Works 23,754,548 20,303,537
Health and Welfare 38,921,383 33,688,940
Parks, Recreation and Cultural 9,164,472 7,038,396
Community Development 6,092,872 4,879,556
Transfer to Debt Service Fund 20,543,833 16,214,485
Transfer to School Fund 68,365,461 56,971,218
Nondepartmental 9,882,138 9,034,183
Total $ 253,972,504 $ 209,980,097
Actual
July 1 - August 31
2010-2011
$ 2,562,782
1,083,159
11,752,074
3,451,011
5,232,443
2,126,076
1,213,316
4,329,348
11,394,243
847,955
$ 43,992,407
1
Actual Percent of
July 1 - August 31 Budget FY11 vs FY10
2009 - 2010 Obligated Variance
$ 2,060,717 20,3% 24.4 %
1,165,643 14,3% -7,1 %
11,796,650 20,6% -0.4 %
6,855,584 14,5% -49,7 %
6,082,795 13.4% -14,0 %
2,237,635 23,2% -5,0 %
1,206,086 19,9% 0,6 %
4,711,688 211% -8,1 %
10,641,244 16,7% 7,1 %
1,060,867 8,6% -20,1 %
$ 47,818,909 17,3% -8,0 %
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE TWO MONTHS ENDED AUGUST 31, 2010
(UNAUDITED)
FY 2011 FY 2010
Operating Revenues
Rentals $ 149,794 $ 410,595
Event Expenses 46,504 106,801
Advertising 36,172 8,334
Admiss.ions Tax 10,801 40,094
Facility Surcharge/Ticket Rebate 17,175 39,055
Commissions 697
Ancillary 6,101 17,647
Miscellaneous 15,823 7,455
Total Operating Revenues 282,370 630,678
Operating Expenses
Personal Services 216,209 169,556
Operating Expenses 353,243 648,329
Management Fees 55,474 52,040
Depreciation 152,426 155,660
Total Operating Expenses 777,352 1,025,585
Operating Loss (494,982) (394,907)
Nonoperating Revenues/(Expenses)
Other (346)
Investment Income 9,108 2,914
Interest Expense (96,820) (101,489)
Net Nonoperating Expenses (87,712) (98,921 )
Loss Before Transfers and Contributions (582,694) (493,828)
Transfers and Contributions
Transfer from Capital Projects Fund 47,447
Net Transfers and Contributions 47,447
Change in Net Assets $ (582,694) $ (446,381 )
2
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE TWO MONTHS ENDED AUGUST 31,2010
(UNAUDITED)
FY 2011 FY 2010
Operatin~ Revenues
Market Garage $ 58,496 $ 45,092
Elmwood Park Garage 58,534 86,025
Center in the Square Garage 54,855 51,553
Church Avenue Garage 108,097 94,634
Tower Garage 62,112 69,856
Gainsboro Garage 17,063 23,288
Campbell Garage 6,355 3,815
Williamson Lot 11,121 15,431
Higher Ed Center Lot 6,466 7,523
Market Lot 4,390 3,711
Elmwood Lot 7,564 13,582
Warehouse Row Lot 6,044 6,065
West Church/YMCA Lots 4,378 6,568
Parking Violations (All Locations) 18,682 7,507
Total Operating Revenues 424,157 434,650
Operatin~ Expenses
Operating Expenses 1 01 ,746 219,608
Depreciation 137,922 139,276
Total Operating Expenses 239,668 358,884
Operating Income 184,489 75,766
Nonoperatin~ Revenues/(Expenses)
Investment Income 8,126 5,206
Interest Expense (117,971) (97,677)
Net Nonoperating Expenses (109,845) (92,471)
Income (Loss) Before Transfers and Contributions 74,644' (16,705)
Transfers and Contributions
Net Transfers and Contributions
Change in Net Assets $ 74,644 $ (16,705)
3
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE TWO MONTHS ENDED AUGUST 31, 2010
(UNAUDITED)
FY 2011
FY 2010
Operating Revenues
Charges for Services
$
15,347
$
35,045
Total Operating Revenues
15,347
35,045
Operating Expenses
Other Services and Charges
Depreciation
23,698
18,532
25,389
16,608
Total Operating Expenses
42,230
41,997
Operating Loss (26,883) (6,952)
Nonoperating Revenues
Investment Income 1,813 562
Net Nonoperating Revenues 1,813 562
Loss Before Transfers & Contributions (25,070) (6,390)
Transfers and Contributions
Transfer from Capital Projects Fund 2,205,062
Net Transfers and Contributions 2,205,062
Change in Net Assets $ (25,070) $ 2,198,672
4
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED AUGUST 31,2010
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 AUGUST 31, 2010,
BALANCE AT
JUL 31,2010
CONSOLIDATED FUNDS $61,042,120,60
, RECEIPTS
$33,118,650,03
BALANCE AT
DISBURSEMENTS AUG 31, 2010
$31,545,475,23 $62,615,295.40
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 AUGUST 31,2010, 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
$11,364.20
215,849.55
100.00
2,630.96
52,000.00
18,016,656.47
7,242,147.21
13,000,000.00
3,000,000.00
2,174,515.15
18,900,031.86
$62,615,295.40
SEPTEMBER 20,2010
~i#~ IV.~
~LYN ,POWERS, TREASURER
5
BALANCE AT
AUG 31, 2009
$78,187,916,54
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE TWO MONTHS ENDED AUGUST 31, 2010
(UNAUDITED)
FY 2011 FY 2010
Additions:
Employer Contributions $ 898,508 $ 1,688,412
Investment Income
Net Appreciation in Fair Value of Investments 7,754,249 22,302,525
Interest and Dividend Income 80,562 858,833
Total Investment Gain 7,834,811 23,161,358
Less Investment Expense (27,498) (73,364)
Net Investment Gain 7,862,309 23,234,722
Total Additions $ 8,760,817 $ 24,923,134
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
$ 4,748,138 $ 4,580,523
589 (4,508)
4,748,727 4,576,0,15
4,012,090 20,347,119
Net Increase
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance August 31
280,476,609
$ 284,488,699
266,428,241
$ 286,775,360
6
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
AUGUST 31, 2010
(UNAUDITED)
FY 2011 FY 2010
Assets
Cash $ 2,104,539 $ 299,259
Investments, at Fair Value 287,109,194 288,771,660
Due from Other Funds 24,122 24,442
Total Assets $ 289,237,855 $ 289,095,361
Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accounts Payable
$ 4,749,092
64
$ 2,319,911
90
Total Liabilities
4,749,156
2,320,001
Net Assets Held in Trust For Pension Benefits
$ 284,488,699
$ 286,775,360
7
City of Roanoke, Virginia
Monthly Financial Report
July 31, 2010
Prepared by the City of Roanoke Department of Finance
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
FOR THE ONE MONTH ENDED JULY 31,2010
STATEMENT OF REVENUE
(UNAUDITED)
Current Revenue
Revenue Budget
Revenue Source Budget Variance
General Property Taxes $ 101,962,000 $ (102,597,358)
Other Local Taxes 71,628,000 (73,270,671)
Permits, Fees and Licenses 1,038,000 (945,695)
Fines and Forfeitures 1,606,000 (1,497,879)
Revenue from Use of Money and Property 173,000 (139,609)
Intergovernmental 66,405,000 (68,626,654)
Charges for Services 7,477,000 (7,399,356)
Internal Services 2,547,000 (2,481,085)
Miscellaneous Revenue 527,000 (499,442)
Total $ 253,363,000 $ (257,457,749)
Actual
July 1 - July 31
2010-2011
$ (635,358)
(1,642,671 )
92,305
108,121
33,391
(2,221,654)
77,644
65,915
27,558
$ (4,094,749)
Actual Percent of
July 1 - July 31 Budget FY11 vs FY10
2009 - 2010 Received Variance
$ (950,821 ) -0,6% 332 %
(1,656,548) - -2,3% 0,8 %
65,354 8,9% 41,2 %
117,676 6,7% -8,1 %
67,855 19,3% -50,8 %
(1,858,089) -3,3% -19,6 %
547,266 1,0% -~5,8 %
38,142 2,6% 72,8 %
(230,385) 5,2% -112,0 %
$ (3,859,550) , -1,6% -6.1 %
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Current
Expenditure Unencumbered
Expenditures Budget Balance
General Government $ 12,629,541 $ 10,960,278
Judicial Administration 7,571,839 7,040,039
Public Safety 57,034,117 52,198,114
Public Works 23,759,187 21,809,630
Health and Welfare 38,921,383 36,457,546
Parks, Recreation and Cultural 9,164,768 7,814,006
Community Development 6,092,872 5,206,341
Transfer to Debt Service Fund 20,543,833 20,178,688
Transfer to School Fund 68,365,461 62,668,339
Nondepartmental 9,886,438 9,068,527
Total $ 253,969,439 $ 233,401,508
Actual
July 1 - July 31
2010-2011
$ 1,669,263
531,800
4,836,003
1,949,557
2,463,837
1,350,762
886,531
365,145
5,697,122
817,911
$ 20,567,931
1
Actual Percent of
July 1 - July 31 Budget FY11 vs FY10
2009 - 2010 Obligated Variance
$ 1,180,354 13,2% 41.4 %
549,729 7,0% -3,3 %
7,355,018 8,5% -34,2 %
5,238,977 8,2% -62,8 %
2,437,994 6,3% 1,1 %
1,425,318 14,7% -5,2 %
836,456 146% 6,0 %
388,296 1,8% -6,0 %
5,320,622 8,3% 7,1 %
2,674,139 8,3% -69.4,%
$ 27,406,903 8,1% -25,0 %
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE ONE MONTH ENDED JULY 31, 2010
(UNAUDITED)
FY 2011 FY 2010
OperatinQ Revenues
Rentals $ 54,436 $ 123,438
Event Expenses 26,023 56,468
Advertising 32,126 4,167
Admissions Tax 1,831 12,370
Facility Surcharge/Ticket Rebate 3,939 13,265
Ancillary 2,923 9,189
Miscellaneous 6,515 3,641
Total Operating Revenues 127,793 222,538
OperatinQ Expenses
Personal Services 126,702 87,954
Operating Expenses 169,088 258,381
Management Fees 27,737 26,020
Depreciation 76,213 77,830
Total Operating Expenses 399,740 450,185
Operating Loss (271,947) (227,647)
NonoperatinQ Revenues/(Expenses)
Investment Income 4,582 1,685
Interest Expense (48,379) (50,745)
Net Nonoperating Expenses (43,797) (49,060)
Loss Before Transfers and Contributions (315,744) (276,707)
Transfers and Contributions
Transfer from Capital Projects Fund 47,447
Net Transfers and Contributions 47,447
Change in Net Assets $ (315,744 ) $ (229,260)
2
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE ONE MONTH ENDED JULY 31,2010
(UNAUDITED)
FY 2011 FY 2010
Operatinq Revenues
Market Garage $ 32,766 $ '16,344
Elmwood Park Garage 44,453 43,157
Center in the Square Garage 26,302 26,852
Church Avenue Garage 59,236 48,041
Tower Garage 32,781 34,898
Gainsboro Garage 7,598 12,642
Campbell Garage 3,053 1,999
Williamson Lot 7,350 7,893
Higher Ed Center Lot 3,158 3,681
Market Lot 2,249 1,937
Elmwood Lot 6,689 6,982
Warehouse Row Lot 3,005 480
West Church/YMCA Lots 2,189 2,189
Parking Violations (All Locations) 15,272 5,651
Total Operating Revenues 246,101 212,746
Operatinq Expenses
Operating Expenses 77,997 18,456
Depreciation 68,961 69,638
Total Operating Expenses 146,958 88,094
Operating Income 99,143 124,652
NonoperatinQ Revenues/(Expenses)
Investment Income 4,036 2,960
Interest Expense (58,959) (59,113)
Net Nonoperating Expenses (54,923) (56,153)
Income Before Transfers and Contributions 44,220 68,499
Transfers and Contributions
Net Transfers and Contributions
Change in Net Assets $ 44,220 $ 68,499
3
CITY OF ROANOKE, VIRGINIA
, MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE ONE MONTH ENDED JULY 31,2010
(UNAUDITED)
FY 2011
FY 2010
Operating Revenues
Charges for Services
$
19,112
$
17,415
Total Operating Revenues
19,112
17,415
Operating Expenses
Other Services and Charges
Depreciation
(11,612)
9,266
4,731
8,304
Total Operating Expenses
(2,346)
13,035
Operating Income 21,458 4,380
Nonoperating Revenues
Investment Income 935 18
Net Nonoperating Revenues 935 18
Income Before Transfers & Contributions 22,393 4,398
Transfers and Contributions
Transfer from Capital Projects Fund 2,205,062
Net Transfers and Contributions 2,205,062
Change in Net Assets $ 22,393 $ 2,209,460
4
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED JULY 31,2010
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 JULY 31,2010,
BALANCE AT
JUN 30, 2010
CONSOLIDATED FUNDS $64,152,901,99
RECEIPTS
$27,205,160,80
BALANCE AT
DISBURSEMENTS JUL 31, 2010
$30,315,942,19 $61,042,120.60
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 JULY 31,2010, 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
$18,307.90
953,252.28
100.00
2,385.41
0.00
19,171,303.19
7,238,910.06
21,019,256.01
3,000,000.00
3,250,435.48
6,388,170.27
$61,042,120.60
BALANCE AT
JUL 31, 2009
$98,939,754,67
~~~s~
AUGUST 12, 2010
5
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE ONE MONTH ENDED JULY 31, 2010
(UNAUDITED)
FY 2011 FY 2010
Additions/( Red uctions):
Employer Contributions $ 438,339 $ 829,517
Investment Income
Net Appreciation in Fair Value of Investments 15,414,454 15,331,341
Interest and Dividend Income (81,097) 657,112
Total Investment Gain 15,333,357 15,988,453
Less Investment Expense (78,561 ) (106,463)
Net Investment Gain 15,411,918 16,094,916
Total Additions $ 15,850,257 $ 16,924,433
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase
$ 2,380,772 $ 2,295,383
(8,771) (7,659)
2,372,001 2,287,724
13,478,256 14,636,709
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance July 31
280,476,609
$ 293,954,865
266,428,241
$ 281,064,950
6
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
JULY 31,2010
(UNAUDITED)
FY 2011 FY 2010
Assets
Cash $ 1,222,810 $ 1,737,803
Investments, at Fair Value 294,660,217 281,617,603
Accounts Receivable 20,346
Due from Other Funds 433,075 46,305
Total Assets $ 296,336,448 $ 283,401,711
Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accounts Payable
$ 2,381,548
35
$ 2,336,671
90
Total Liabilities
2,381,583
2,336,761
Net Assets Held in Trust For Pension Benefits
$ 293,954,865
$ 281,064,950
7
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: c1erk@roanokeva.gov
I City Clerk
December 7, 2010
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Gail D. Kinzer
2538 Belle Avenue, N. E.
Roanoke, Vir inia 24012
.
Dear
r:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 6, 2010, you were appointed to fill the unexpired term of
Marie Green as a member of the Fair Housing Board ending June 30, 2012.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by a Clerk of the Circuit
Court of the City of Roanoke. located on the third floor of the Roanoke City
Courts Facility. 315 Church Avenue. S. W.
Once the Oath has been administered, please return a signed copy to the City
Clerk's Office prior to serving in the capacity to which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your appointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Fair Housing Board.
~~ce~IY '~
~Yl1. molM>
Stephanie M. Moon, '<:Mc
City Clerk
SMM:ctw
Enclosures
pc: Karl Kleinhenz, Secretary, Fair Housing Board w/~
Jonathan E. Craft, Deputy City Clerk ,
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 sixth day of December, 2010, GAIL D.
KINZER was appointed as a member of the Fair Housing Board to fill the
unexpired term of Marie Greene ending June 30, 2012.
Given under my hand and the Seal of the City of Roanoke this seventh day
of December, 2010.
~'hliillvV '
City Clerk. J
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: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 7, 2010
Michael P. Wright
3921 Maine Avenue
Roanoke Virginia 2401 7
Dear Mr. Wright:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 6, 2010, you were reappointed as a member of the Towing
Advisory Board for a three-year term of office ending October 31, 201 3.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
,Courts Facility; 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed. '
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Michael P. Wright
December 7, 2010
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Towing Advisory Board.
Sincerely,
~~o'n~~~
City Clerk
Enclosu res
pc: Harold Wallick, Chair, Towing Advisory Board, w/application
Timothy Spencer, Assistant City Attorney
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 sixth day of December 2010,
MICHAEL P. WRIGHT was reappointed as a member of the Towing Advisory
Board for a three-year term of office ending October 31 , 201 3.
Given under my hand and the Seal of the City of Roanoke this seventh day
of December 2010.
.:rn . "ta\t>0'vV
City Clerk ~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 7, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Henry Scholz
2335 Broadway Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Scholz:
At a regular meeting of the Council of the City of Roanoke which was held on,
Monday, December 6, 2010, you were reappointed as a member of the City
Planning Commission, commencing January 1,2011, and ending December 31,
2014. ,-
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of you r reappointment and
each member is required "to read and become familiar with provisions' of the
Act."
Henry Scholz
December 7,2010
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service the City of Roanoke
as a member of the City Planning Commission. .
Sincerely,
~~. "'WV
Stephanie M. Moon~
, City Clerk
SMM:ctw
Enclosu res
pc: Martha P. Franklin, Secretary, City Plann'ing Commissio'l v;/~
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
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 sixth day of December, 2010, HENRY
SCHOLZ was reappointed as a member of the City Planning Commission,
commencing January 1,2011, and ending December 31 , 2014.
Given under my hand and the Seal of the City of Roanoke this seventh day
of December, 2010.
-M. hJow
City Clerk I
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 7, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Kermit (Kit) Hale
2222 Blenheim Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Hale:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 6, 2010, you were appointed as a member of the City
Planning Commission, commencing January 1,2011, and ending December 31,
2014.
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 appointment and
each member is required "to read and become familiar with provisions of the
Act."
Kermit (Kit) Hale
December 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 of Roanoke as a member of
the City Planning Commission. '
Sincerely,
~m,h1lJW
Stephanie M. Moon, CMC J
City Clerk
SMM:ctw
Enclosures
pc: Martha P. Franklin, Secretary, City Planning Commission, w/application
COMMONWEALTH OF VIRGINIA)
, )
CITY OF ROANOKE )
To-wit:
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 sixth day of December, 2010,
KERMIT HALE was appointed as a member of the City Planning Commission,
commencing January 1, 2011 , ~nd ending December 31, 2014.
Given under my hand and the Seal of the City of Roanoke this seventh day
of December, 2010.
AALhl. ~
, 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
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 9,2010
D. Kent Chrisman
2319 Avenham Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Chrisman:
,.
On December 27, 1982, the Roanoke City Code was amended to provide that
after completion of three consecutive complete terms of office, no member of a
permanent board, authority, commission or committee shall be eligible for
reappointment to the same 'office for the next succeeding term.
On December 31,2010, you will have completed your third consecutive term of
. office as a member of the City Planning Commission.
On behalf of the Mayor and Members of Roanoke City Council, I would like to express
appreciation for your service to the City of Roanoke as a member of the City Planning
Commission from January 23, 1995 to December 31, 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,
.. ~ In m6l>Yv
Step anie M. Moon, CMC. "-
City Clerk
SMM:ctw
Enclosure
pc: Martha P. Franklin, Secretary, City Planning Commission
CERTIFICATE OF APPRECIATION
PRESENTED TO
D. KENT CHRISMAN
AS A MEMBER OF THE
ROANOKE CITY PLANNING COMMISSION
FROM JANUARY 23, 1995
TO DECEMBER 31,2010
ON THIS 9TH DAY OF DECEMBER ,2010
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
. RENDERED TO THE CITY OF ROANOKE
APPROVED:
ATTEST:
~?~
DAVID A. BOWERS
MAYOR
~Jn ?lJ~
I STEPHANIE M. MOON
CITY ClERK