HomeMy WebLinkAboutCouncil Actions 03-07-11
ROSEN
39068-030711
ROANOKE CITY COUNCIL
INFORMAL SESSION
MARCH 7, 2011
9:00 A.M.
EOC CONFERENCE ROOM
ROOM 159
AGENDA
Call to Order -- Roll Call - All present.
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)
A communication from Council Member Anita J. Price, Chair, City Council Personnel
Committee, requesting that Council convene in a Closed Meeting to discuss the mid-
year performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)( 1),
Code of Virginia (1950), as amended. (7-0)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA. NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE.
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BRIEFINGS:
. Solicitation Ordinance Proposal
. Fire Service Report CY-201 0
. Arts and Cultural Plan Status
. Roanoke River Greenway
. Budget - Financial Planning FY12
10 minutes
10 minutes
20 minutes
20 minutes
120 minutes
AT 1:42 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE
RECONVENED AT 2:00 P.M. IN THE COUNCIL CHAMBER, ROOM 450, NOEL C.
TAYLOR MUNICIPAL BUILDING.
2
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 7, 2011
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, March 10 at 7:00 p.m., and Saturday, March 12 at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
l
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE
CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO
THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION.
3
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:
PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION - ONE
VACANCY
TOWING ADVISORY BOARD - TWO VACANCIES
PARKS AND RECREATION ADVISORY BOARD - FIVE VACANCIES
THE CITY CLERK'S OFFICE IS CURRENTLY ACCEPTING APPLICATIONS
FOR TWO UPCOMING VACANCIES ON THE ROANOKE CITY SCHOOL
BOARD FOR THREE-YEAR TERMS OF OFFICE, COMMENCING JULY 1,
2011 AND ENDING JUNE 30, 2014. INFORMATION PERTAINING TO THE
SCHOOL BOARD PROCESS AND APPLICATION FOR APPOINTMENT ARE
AVAILABLE ON THE CITY'S WEBSITE AND IN THE CITY CLERK'S OFFICE.
DEADLINE FOR RECEIPT OF APPLICATIONS IS THURSDAY, MARCH 10,
2011. FOR QUESTIONS AND/OR ADDITIONAL INFORMATION, PLEASE
CONTACT CITY CLERK'S OFFICE AT 853-2541.
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Proclamation declaring March 14 - 20, 2011 as Multiple Sclerosis Awareness
Week.
The Mayor presented the proclamation to Catherine Turner, Senior
Manager of Leadership Events and Donor Development for National
Multiple Sclerosis Society, Blue Ridge Chapter.
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:
LaVada Robertson appeared before the Council to encourage Council to
participate in the Autism Speaks "Light it Up Blue" Campaign.
Robert Gravely appeared before the Council and quoted biblical scriptures.
4.
CONSENT AGENDA
(APPROVED 7-0, WITH ITEM C-2 BEING REMOVED
AND CONSIDERED SEPARATELY)
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, February 7,
2011 and Tuesday, February 22, 2011.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
5
C-2 A communication from the City Manager requesting that Council
schedule a public hearing for Monday, March 21, 2011, at 2:00 p.m., or as
soon thereafter as the matter may be heard, to consider the conveyance of
City-owned property located near the intersection of Riverland Road,
Bennington Street, and Mount Pleasant Boulevard to the Virginia
Department of Transportation (VDOT).
RECOMMENDED ACTION:
Public hearing scheduled for Monday,
May 21 at 7:00 p.m., or as soon thereafter
as the matter may be heard, instead of
2:00 p.m. (7-0)
C-3 A communication from the City Clerk advising of the resignation of
Karena J. Clinton as a member of the Roanoke Neighborhood Advocates,
effective immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
REGULAR AGENDA
5. PUBLIC HEARINGS:
a. Proposal of the City of Roanoke to convey approximately 20.4 acres of
City-owned property to Ned B. Jeter, II, and Darrell B. Jeter for agricultural
purposes. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 39068-030711 (7-0).
b. Proposal of the City of Roanoke to lease approximately 7.41 acres of City-
owned property, being a portion of Botetourt County, located northwest of
the former City Nursing Home at Coyner Springs, to Ned B. Jeter, Ned B.
Jeter, II, and Darrell B. Jeter, for agricultural use, for an initial one-year
term, subject to four additional one-year term renewals, commencing
March 1,2011. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 39069-030711 (7-0).
6. PETITIONS AND COMMUNICATIONS:
a. Request of Elmer Hodge, Member, Virginia Recreational Facilities
Authority Board, to share information with regard to the economic impact
of a feature-length motion picture production undertaken at Explore Park
between July and December 2010. (Sponsored by the City Manager)
Received and filed
6
b. Request of Roanoke Valley Convention and Visitors Bureau to present its
annual report. Landon Howard, Executive Director, Spokesperson.
(Sponsored by the City Manager)
Received and filed
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 2010
Assistance to Firefighters Grant from the Department of Homeland
Security, FEMA and the U. S. Fire Administration to purchase
equipment and supplies for use by the Roanoke Fire-EMS
Department.
Adopted Resolution No. 39070-030711 (6-0, Council Member
Lea was not present when the vote was recorded); and Budget
Ordinance No. 39071-030711 (7-0).
2. Amendment of the City Code to include new subsections in
connection with aggressive solicitation and sales, primarily in the
downtown area.
Adopted Ordinance No. 39072-030711 (7-0).
3. Amendment of the City Code to include SunTrust Plaza as a
"designated park facility" where alcoholic beverages may be
possessed or consumed.
Adopted Ordinance No. 39073-030711 (6-1, Council Member
Lea voting no, due to religious beliefs).
4. Authorization for waiver of the City's sovereign immunity and
execution of an agreement with Valley View Mall SPE, LLC,
through its agent, CBL & Associates Management, Inc., in
connection with an art contest sponsored by the City's Fair Housing
Board on Saturday, March 19,2011, at Valley View Mall.
Adopted Resolution No. 39074-030711 (7-0).
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5. Execution of Amendment NO.6 to the contract between the City of
Roanoke and Keith Saunders Company to continue to provide
private parcel mowing and trash removal within the City of Roanoke
until June 30, 2011.
Adopted Resolution No. 39075-030711 (7-0).
COMMENTS BY CITY MANAGER.
The City Manager announced that the Mountain View neighborhood of
Roanoke was selected as one of This Old House's Best Old-House
Neighborhoods 2011, the only Virginia neighborhood to be recognized. He
noted that the City completed its first successful Green Academy which
had 22 participants; and he mentioned the upcoming St. Patrick's Day
Parade on Saturday, March 12 at 11 :00 a.m., on Jefferson Street. i
b. DIRECTOR OF FINANCE:
1. Financial Report of the City of Roanoke for the seven months
ended January 2011; and Financial Report for Roanoke City
Public Schools for the six months ended December 31,2010.
Received and filed I
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.
Comments by Council Members Bestpitch and Price.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
At 4:04 p.m., the Council Meeting was declared in recess for a Closed
Meeting in the Council's Conference Room.
At 5:21 p.m., the meeting reconvened in the Council Chamber.
CERTIFICATION OF CLOSED MEETING. (7-0)
8
Reappointed Vice-Mayor David B. Trinkle as the City Council representative
to the Hotel Roanoke and Conference Center Commission for a four-year
term of office ending April 8, 2015.
Reappointed Christopher Walters, Christopher Polad-Thomas, Thomas
Pettigrew, Adam Boitnott, and Gordie Ziegler as members of the Parks and
Recreation Advisory Board for terms of office of three years, each, ending
March 31, 2014. The City residency requirement was waived for Messrs.
Boitnott and Ziegler.
Reappointed Cynthia Lawrence as a City representative to the Roanoke
Regional Airport Commission for a four-year term of office ending March 9,
2015.
13. ADJOURNED - 5:22 P.M.
9
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w', SUITE 452
ROANOKE, VIRGINIA24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
March 7, 2011
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,
~Q&~
David A. Bowers
Mayor
DAB:ctw
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S. W.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011- I 536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
DAVIDA. BOWERS
Mayor
March 7, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to request a Closed Meeting to discuss the mid-year performance of the Council
Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended.
Sincerely,
4JD~
Anita J. Price, Chair
City Council Personnel Committee
AJP:ctw
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~n.c'flhJ tb. 2-
Roanoke Fire-EMS
Performance Review
Demand For Service
30,000
25,000
20,000
15,000
10,000
5,000
o
2006 2007 2008 2009 2010
17555 18407 18558 18752 19129
5 643 5528 5819 5203 5256
I_ Fire. EM S I
-7% 9 %
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Department's Performance Standards
o Fires - 4 minutes or
less 90 % of the time
. Average 3.07 Minutes
o ALS - 8 minutes or
less 90% of the time
. Average 4.50 Minutes
o BLS - 12 minutes or
less 90% of the time
. Average 5.51 Minutes
Four (4) Minute Coverage Area
CITY OF ROANOKE )
, ..~,
- 1
1.5 Mile Response
E1Vn.3-
CllO.lM'11
1 EtV~.",
EIlJI...e
ErGlnte
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en;;niol"
&ginl'lI;
E..'Io;iI'll2
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Working Fires
95
90
1
85
80
75
70
2005
2007
2010
2009
2006
2008
I-+- Working Fires I
Change 10 %
95%
90%
85%
80%
75%
70%
Structure Fires
Response Time Performance
9.120
2005
2006
2007
r 2008
2009
I-+- Fire Response Time Penonnance I
3
o Performance Standards not met on 19
responses:
fill 3 - Bad addressing from caller
. 2 - Weather delays - Snow
. 6 - Second due engine response
o Still arrived within 5 minutes
III 3 - Run distance
fill 5 - Reaction or bad scene times
80%
2005
2006
2007
2008
2009
70%
o
60%
I--+-- % of Fires Confmed to Floor of Origin I
4
Arson History
50
45
40
35
30
25
20
15
44
57 % Increase
2005
2006
2007
2008
2009
2010
I-+- Arson Fires I
.'~_~~I'~lY;i\i~lif~~~_~ji~1I
Fire Causes for 2010
. I "
. ,
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Undetermined
15%
Accidential
47%
23 % Clearance Rate on Arson Fires
5
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Annual Fire Loss History
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$0
P ill
Roanoke Fires
2005
2009
2010
2006
2007
2008
$200,000,000
$180,000,000
$160,000,000
$140,000,000
$120,000,000
$100,000,000
$80,000,000
$60,000,000
$40,000,000
$20,000,000
$0
Fire Loss History 2010
$3,626,071
Pre-Incident Value
Property Loss
6
.-
96.00%
95.50%
95.00%
94.50%
94.00%
99.00%
98.50%
98.00%
Advanced Life Support
Response Time Performance
2005
2006
2007
2008
2009
1-- ALS Response Time Performance I
I
Basic Life Support
Response Time Performance
2005
2006
2007
2008
2009
201.
1-- BLS Response Time Performance I
7
....
Questions
Facebook.com
Twitter.com
, Roanokeva.gov/FireEMS
8
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Briefing No. 4
1
2
3
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4
5
6
7
8
9
10
11
12
13
14
- .
15
, . ,
16
Strategy 8~ ~dext Steps
oprivate Fundraising
oContinued City Support
oAnnual Greenway Funding
oin",K:ind Donations/Services
oState and Federal Sources
oTransportation Enhancement Funds
oOpen Container Funds
oVarious Grant Programs
17
18
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Budgeting for Outcomes and
Capital Project Planning
Council Briefing
Monday, March 7, 2011
Agenda
· BFO Process
- Where we have been
- Where we are now
- Next steps
· Allocation of Price of Government to
Priorities
· Offers by Priority
· Capital Project Planning
· Next Steps
2
1
, ,
, .
Budgeting for Outcomes Process
Steps Undertaken
· Priorities developed by City Council
· Priority Statements, Strategy Maps
· Requests for Results Document
· Offer Development and Submission (No Target Budget)
· First round of reviews, scoring
Steps Underway
· Offer revision
· Second round of reviews; scoring and ranking
3
First Round of Scoring
· Offers evaluated on merits only
· Purchasing strategies
· Ignores mandates
· Ignores revenue
· Feedback provided to Offerer
· Opportunity to further collaborate, include
efficiencies, revise offers
4
2
Second Round of Scoring and
Ranking
· Offers evaluated on merits
· Purchasing strategies
· Considers mandates
· Considers revenue
5
Price of Government
Revenue Estimate by Major Category
Fiscal Year 2012
Real Estate Tax
Intergovernmental
Sales
Personal Property
Business License
Prepared Food
Charges for Services
Other Local Taxes
Other
Total
(in millions)
$ 79.6
69.1
18.4
16.6
12.0
16.1
9.5
31.9
3.2
$ 256.4
Other Local
Taxes
12%
Prepared
Food
."
Real Estate
'2%
Intergovernmental category increased by $3,2M, Improved Social Services of $2.8M and
HB599 funding of $384k are expected in FY12. These are state reimbursements for
expenditures.
6
3
Price of Government Allocation to
Priorities
· Began with Adopted FY 2011 budget-
major categories
· Adjustments made to align major budget
categories with 7 priorities
· Additional allocation included for
Education in addition to funding formula
allocation and debt service for school
projects paid for by city
· Adjustments by Budget Committee
7
Reserved Allocations
Transfer to Debt Service $15,517,815
Personnel Lapse (Salary, (1,813,199)
FICA, Retirement)
Budget Contingency 1,211,927
Other (Medical, Dental, W/C, 5,471,155
Misc Contingencies, Budget
Stabilization, Line of Duty,
Memberships, District Tax
Allocation)
Budgeting for Outcomes 800,000
Contingency
0
4
FY 2011 Adopted Budget
EXPENDITURES
$253,363,000
Public Works
$23,677,755
9.35%
General
Government
$12,348,701
4.87%
Health &
Welfare
$38,974,153
15.38%
Public Safety
$56,990,703,
22.49%
Judicial
Admin,
$7,449,022
2.94%
Parks,
Recreation &
Cultural
$9,141,147
3,61%
Schools
$75,257,289
29.70%
Non-
Departmental
$23,568,643
9.30%
FY 2012 Priority Allocations
Infrastructure
11%
Education
33%
Safety
26%
9
10
5
Economy
Cultivate a thriving business environment and innovative workforce opportunities to
ensure the prosperity of our community.
.Job Growth
'Job Opportunity
Awareness
-Retain & Attract People
-Higher Wage Jobs
Human ..
Ca ital Asset
I Pt t Development
nves men
-Strategic Programming
-Vibrant Places
-University Collaboration
-Responsive
Government Processes
-Regional Partnering
.Premiere Business
Environment
'Increased Attractions &
Tourism
Business Asset
Developme~promotion
Indicators:
'Information Accessibility
-Brand Awareness &
Effective Marketing
-Trusted Leadership
'Confident & Consistent
Di rection
"Tax Base
"Net Job Grow1h
'Average Wage
'Commercial & Industrial Real Estate Market
11
'Market & Brand Awareness
Economy
.
· Emphasizes collaborative efforts within city
government and with outside agencies.
· Demonstrates innovation and effective management
of resources.
· Provides a holistic and integrated approach to
business development, asset development, and
investment in human capital.
· Promotes Roanoke with a multifaceted
communication and marketing strategy.
12
6
Economy
Total Offers: $3,474,077
Department/Division/ Agency # Offers
Center in the Square 1
Convention and Visitors Bureau 1
Downtown Roanoke, Inc. 2
Economic Development 4
Billings & Collections 1
Miss Virginia Pageant 1
NCAA Championship 1
Office of Communications 2
Parks and Recreation 1
13
Economy (continued)
Department/Division/ Agency # Offers
Percent for Art 1
Planning, Building and Development 1
Roanoke Arts Commission 1
Roanoke Regional Small Business 1
Development Center
Roanoke Valley Horse Show 1
TOTAL 19
,
14
7
'Education
Foster an environment for lifelong learning which encompasses cradle to career
and beyond through shared services and community involvement.
Ea", --
L 'I Support of
~m~ .
S h I R d' K-12 Academic
C 00 ea Iness Programs
-Successful students
.Families & community
value & support leaming
-Children ready for
schooling/formallearning
.Families & community
value & support leaming
Indicators:
.Phonological Awareness Literacy Screenings (PALS)
scores
.Productive & educated
citizenry
-A skilled workforce
-Lifelong learning
opportunities
-Families & communitY15
value & support learning
.Accredited schools
"Graduation rates
"Adult learning opportunities
Education
· Address multiple causal factors and/or outcomes
· Offer collaborative solutions where appropriate
· Develop and strengthen relationships between
students and their families and the community
· Exhibit data-driven decision making using internal
and external data
· Demonstrate success based on research, proven
results, and accountability
· Impact the greatest needs by utilizing resources in
creative and cost-effective ways
· Meet or exceed previous years' results
· Align with the strategic focus areas of the Roanoke
City Public Schools, when appropriate
16
8
Education
Total Offers: $77,330,272
Department/Division/ Agency # Offers
Libraries 5
Roanoke City Public Schools 3
Roanoke Valley Sister Cities 1
Virginia Cooperative Extension 1
Virginia Western Community 1
College
TOTAL 11
17
Good Government
Provide effective government which maximizes resources to ensure open, responsive,
and innovative service to the community.
High "Efficient &
Performing Effective
Employees Operations
'Excellent Customer
Ser\lice
'Engaged & Innovative
.High Morale
.Highly Competent, Well-
Trained Staff
'Broad Vision
.Approachable &
Accessible
.Inspiring
.Results Oriented
Effective Responsible
LeaderShiP.. Financial
anagemenl
Indicators:
.Customer Satisfaction Survey Results
.Professional Recognitions/Awards
"Employee RetenifonIRecruitment
"Financial Performance
.Use of Online Services
oLocallRegional Collaboration
"Externalllnternal Audit Reports ,
'Effectively Managed
Resources
'Compliance
.Streamlined Processes
.Accessible
.Best Practices
.Accurate Accounting
. Transparency
.Efficient Fiscal
Operations
'Effective Fiscal Planning
& Budgeti ng
18
9
J
, .
Good Government
· Outli!le creative programs and initiatives that advance
progressive and effective leadership throughout the
organization.
· Create fiscal strength through conservative, long-range
fiscal planning while looking for ways to do things better.
· Provide excellent, timely customer service, and
increase opportunities for our citizens to access and
understand their' government.
· Attract and retain talented employees, then develop
and promote them in a workplace environment that
embraces innovation.
· Use of best practices that streamline operations.
19
Good Government
Total Offers: $15,787,356
Department/Division/ Agency # Offers
Billings & Collections 4
Board of Equalization 1
City Attorney 5
City Clerk 3
City Council 1
City Manager 1
Clerk of Circuit Court 5
Commissioner of the Revenue 6
Cost Collections 1
Department of Finance 8
Department of General 1
Services/Sustainability
Department of Technology 1
20
10
Good Government (continued)
Department/Divisionl Agency # Offers
Human Resources 7
Human Services 1
Management & Budget 7
Management Services 4
Municipal Auditing 4
Office of Communications 1
Planning, Building & Development 1
Purchasing 3
Real Estate Valuation 2
Registrar 2
Risk Management 2
Treasurer 4
Other 5
TOTAL 80
[I
Human Services
Foster a caring community that utilizes a regional and collaborative approach
which encourages self-sufficiency while providing a social safety net to citizens
when they are most vulnerable.
..
'Promote Healthy and
Safe Neighborhoods
'Promote Positive Youth
Development
.Preveht Poverty
'Promote Self-
Sufficiency
Intervention
'Early Identification
.Family InvolvementJ
Holistic Approach
.Integrate Citizens into
Society
-Oeinstitutionalization
.Public Awareness and
Education
.Service Delivery
Accessibility Caring
to services.. Community
Indicators:
.Citizen survey results
-Socio--eoollOmc and quality of life trends
-Meeting regulatory and legal obligations
-Sufficient capacity to reduce demand
'Empowennent
'Involvement
'Foster positive adult
relationships
22
11
,I
Human Services
· Collaborative offers, when applicable, that maximize
efficiencies and effectiveness through the sharing of
knowledge, expertise and resources while preventing
duplication of services.
· Offers that promote healthy development and self
sufficiency that reduces the need for services.
· Offers that demonstrate success based on research,
proven results and accountability. Offeror must be able
to adhere to necessary compliance and regulatory
requirements and the highest ethical standards.
· Offers that provide the greatest impact to persons in
need by maximizing existing resources while looking
for areas of opportunity that can be utilized in new
and creative ways.
23
Human Services
Total Offers: $45,098,250
DepartmenUDivision/ Agency # Offers
Blue Ridge Behavioral Healthcare 1
Health Department 1
Human Services/Social 11
Services/Juvenile Justice
Human Services Committee 1
Juvenile & Domestic Relations - 2
Court Service Unit
Parks and Recreation - 2
Recreation & Youth Services
Police 1
Total Action Against Poverty (TAP) 1
TOTAL 20 24
12
Infrastructure
Maintain and build quality infrastructure that supports healthy residential
neighborhoods, successful commercial areas, and accessible public facilities and
amenities.
..
'Functional -
Planning/Design
.Safe and Well
Maintained
'Mul!imodal
'Regionalism
/ Transportation
Environment
'Clean Air, land and
Water
'Sustainability
.Stewardship
'Conservation
'Regionalism
'Safe and Well
Maintained
.Attractive Streets cape
'Plan Implementation
'Adequate Stonn Water
Systems
'Collaboration &
Communication
Technology.
Neighborhood Buildings and
Imp=:=..~:mern~.
Indicators:
'Accessibility (Proximity /
Maintenance)
'Functional (Useable /
Reliable / Accessible)
'Enduring (High Quality)
'Sustainability
-Meeting RegulationsA.egal Mandates
-Citizen Survey Results
"Environmental Trends
L,,~.~~~~ctively e~.~,I~~t.~ ~'~""~~'~"~'~~U~~~~~~.~.~.~m_..._...._
25
I nfrastructu re
· Provide strategies to identify and meet legal
mandates and regulations.
· Maintain first. We will look for offers that provide for
the evaluation and prioritization of infrastructure
maintenance.
Offers shall provide a prioritized inventory of
opportunities, deficiencies, and recommended
maintenance of all infrastructure and/or
improvements.
· Build second. We will look for offers that provide for
the evaluation and prioritization of infrastructure
development.
Offers shall provide a prioritized inventory of
opportunities, deficiencies, and recommended
infrastructure alld/or improvements.
26
13
Infrastructure (continued)
· Offers shall address life cycle costs and benefits of
effective infrastructure maintenance.
· Offers shall include a statement of specific goals and
performance indicators for documenting results.
· Offers shall describe the resources to be provided
(including but not limited to labor, equipment and
materials) to support the proposed offer.
· Preference will be given to offers that that promote
partnerships, collaboration, and innovations that
leverage existing resources and reduce the long term
costs of maintenance, and that incorporate infrastructure
improvements into regular maintenance and
management activities.
· Offers should incorporate environmentally-friendly and
energy efficient practices.
27
I nfrastructu re
Total Offers: $32,798,103
DepartmenUDivision/ Agency # Offers
Department of Technology 6
Director of General Services 1
Director of Public Works 1
Engineering 13
Environmental Management 3
Facilities Management 9
Fleet Management 5
Libraries 1
Parks and Recreation 2
28
14
Infrastructure (continued)
Department/Division/ Agency # Offers
Planning, Building and Development 1
Solid Waste Management 2
Transportation 7
TOTAL 51
29
Livability
Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally
inclusive, vibrant and active city in which to live, work and play.
'Community involvement
'Active neighborhoods
'Public-private
partnerships
.Personal enrichment
.Effective communication
thru diverse media
.Diverse offering of
cultural events and
exhibits
'Recreational
opportunities
'Vibrant neighborhoods
and healthy business
districts
'Maintain natural
environment and unique
assets
Valued, ..
Engaged & Attractive
Informed Community
Community
Quality A 'b'I't
A 't' ccessl I I Y
menlles ..
Indicators:
-Community and Neighborhood Desirability
-Community Engagement
.Community Satisfaction
.Participation in Community Activities,
Events and Exhibits
'Safe, clean and
attractively maintained
community
'Home ownership
'Zoning, land use and
codes compliance
'Compatible design and
weli-rnaintained
structures
'Safe, accessible,
bicycle and pedestrian
friendly
'Public transportation
'Regional connectivity
.Convenience of public
services
30
15
,I'
Livability
.
Maximize efficiencies through the demonstration of
collaborative efforts, cost recovery, sound fiscal
management, innovation and creativity.
Promote recreation, arts and cultural events and
activities that are meaningful, support education
and provide value to the citizens and the region.
Encourage community development and home
ownership through the promotion of attainable
housing and safe, clean and accessible
neighborhoods.
Build and promote a valued and engaged citizenry
with a strong sense of community and commitment to
maintain the health and strength of neighborhoods.
Adequately develop and maintain cultural and
recreational facilities, natural resources, and unique
asset sustainability.
31
.
.
.
.
Livability
Total Offers: $16,681,801
DepartmenUDivision/ Agency # Offers
Civic Facilities 1
Director of General Services 3
Engineering 2
Event Zone 1
Greater Roanoke Transit Company 3
Libraries 2
Mill Mountain Zoo 1
Neighborhood Services/Support 3
Parks and Recreation 4
Planning. Building and Development 1
Roanoke Valley Greenways Commission 1
32
16
Livability (continued)
Department/Division/ Agency # Offers
Solid Waste Management 9
Transportation 2
Virginia Amateur Sports 1
Western Virginia Land Trust 1
TOTAL 35
33
Safety
Assure community safety needs are met and promote a safe and desirable region.
'Strategic planning
.Social safety programs
in neighborhoods &
commercial areas
-Hazard mitigation
through design,
technology, and
infrastructure
..
'Reasonable response
times
,Offender accountability
'Proactive risk
assessment & resolution
Prevention Responsiveness
'Compliance with
national regulations &
standards
'Implementation of
environmentally
sustainable practices
'Community involvement
in strategic planning
Quality
Standards
..........~......
Communication
'Effective emergency
warning system
'Knowledgeable staff
-Community awareness,
education, interaction
Indicators:
.Accreditation
! -Insurance Services Ofh::e (ISO) rating
.Performance standards
.Customer surveys
.Crime rates
! -Value of property loslfrom crime, fire, and other
34
17
Safety
· Addresses multiple causal factors and/or outcomes
· Encourages cross-departmental collaboration
· Creative re-use of existing resources to achieve
optimal results
· Creates efficiencies and removes low-value activities
· Exhibits data driven decision making using internal and
external data
· Demonstrates proven results through best practices
· Meets or exceeds previous years' results
35
Safety
Total Offers: $61,626,551
DepartmenUDivision/ Agency # Offers
Building Inspections 1
Circuit Court 1
Commonwealth Attorney 3
Fire/EMS/911 10
General District Court 1
Human Services 1
Juvenile & Domestic Relations Court Clerk 1
Juvenile & Domestic Relations Court Service Unit 1
Magistrate 1
Parks and Recreation 2
Police 11
36
18
.' .
Safety (continued)
DepartmenUDivision/ Agency # Offers
Police/RCPS 1
Risk Management 1
Sheriff/Jail 3
Transportation 3
TOTAL 40
37
Summary
Priority Allocation Total Offers Variance
Economy $ 3,356,169 $ 3,474,077 $ (117,908)
Education 77,023,406 77,330,272 (306,866)
Good 15,097,108 15,787,356 (690,248)
Government
Human Services 40,160,274 45,098,250 (4,937,976)
Infrastructure 25,088,727 32,798,013 (7,709,286)
Livability 14,329,536 16,681,801 (2,352,265)
Safety 60,161,082 61,626,551 (1,465,469)
TOTALS 159,589,776 177,169,794 (17,580,018)
38
19
I, ~.
Major Incremental Offers
Priority Incremental Cost
Economy $ 202,460
Education . 280,074
Good Government 694,395
Human Services 4,737,150
Infrastructure 7,341,890
Livability 2,149,115
Safety 1,200,041
TOTAL $16,605,125
39
Summary
Priority Allocation Total Offers Variance
TOTALS $159,589,776 $177,169,794 ($17,580,018)
Major 16,605,125
Incremental
Offers
Variance ($974,893)
40
20
I
.. " '
Next Steps
· Departments now revising offers based on team
feedback
· April 4th: Update on Price of Government and Offer
Rankings
· April 18th: Recommended Budget presented to City
Council
41
Capital Project Planning
· Maintain Current Capital Assets
· Infrastructure Investment for Livability and Economic Development
· Bridge Renovation/Replacement
· Curb, Gutter and Sidewalk
· Streetscape Projects
· Storm Drains
· Civic Center
· School Maintenance
· Targeted Livability Investments
· Parks and Recreation Master Plan
· Libraries
Investments made within parameters of debt limitations
42
21
J
Cash Funded Capital
Project 2012 2013 2014 2015 2016 TOTAL
Elmwood Park Amphitheater- 300,000 300,000
Market Garage (retail)' 455,000 . 455,000
Greenways. 200,000 200,000 200,000 200,000 200,000 1,000,000
YMCA '200,000 100,000 100,000 100,000 100,000 600,000
Center in the Square- 300,000 300,000 300,000 900,000
Science Museum- 100,000 100,000 100.000 300,000
Harrison Museum** 100,000 100,000 100,000 300,000
VDOT Match Funding 251,800 251,800 251,800 251,800 251,800 1,259,000
Bridge Maintenance 500,000 500,000 500,000 500,000 500,000 2,500,000
Total 2,406,800 1,551,800 1,551,800 1,051,800 1,051,800 $7,614,000
*Funded through Economic and Community Development Reserve
**Funded through excess debt funding
43
City of Roanoke Debt Policies
. Tax-supported general obligation debt service will not
exceed 10% of General Fund expenditures.
Net bonded debt will not exceed 4% of the assessed value
of real property.
Net Bonded Debt is general obligation debt for the City
and School Board, exclusive of Parking Enterprise
Fund debt and the amount available in the Debt
Service Fund.
Tax-supported debt will be structured such that not less
than 60% of aggregate outstanding debt will be retired
within ten years.
44
122
Capital Planning Requiring,
Debt Service
..-~;~.Q\200
45
Ratio of Debt Service to General and School Fund
Expenditures (10%)
Total Debt Service as % of Total Expenditures
Reflects Planned Future Debt Issuance
12.0%
10.3% 9.9% 10.0%
9.8%
10.0% 8.9%
8.8% 8.6%
8.1%
8.0% 7.5,%
6.0%
4.0%
2,0%
0.0%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
The goal is to remain below the 10% line. This limit is the most constraining to
our debt issuance for FY12 and FY13 due to contracting budget expenditures.
46
23
, I,'
Ratio of Net Bonded Debt to
Assessed Value of Real Property (4%)
Total Net Bonded Debt as % of Assessed Value
Reflects Planned Future Debt Issuance
4.5% T~
2.4%
:r.'fol~"-
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
The goal is to remain below the 4% line. The City is in good condition on this Iimi~7
Reduction of Aggregate Debt
Within Ten Years (60%)
Total Principal Repayment in 10 Years
Reflects Planned Future Debt Issuance
90.0%
80.0%
___m_.36%.___ 78%
80%
70.0%
60.0%
50.0%
40,0%
30.0%
20.0%
10.0%
0.0%
WO Wl W2 W3 W4 W5 W6 ~7 ~8 W9
The goal is to remain above the 60% line. The City is in good condition on this limit.
48
,24
,1._', .. ..
Next Steps
· April 4th: Follow-Up Information and
Update on. Capital Project Planning
49
25
Office of the Mayor
CITY OF
WHEREAS, multiple sclerosis (MS) is a chronic, often disabling disease of the
central nervous system that affects approximately 10,000 people in Virginia and
421 people in the City of Roanoke and its surrounding county;
WHEREAS, most people with multiple sclerosis are diagnosed between the ages
of 15 and 50 but the unpredictable physical and emotional effects can be lifelong;
the progress, severity and specific symptoms of MS in anyone person cannot yet
be predicted, but advances in research and treatment are giving hope to those
affected by the disease;
WHEREAS, studies show that early and ongoing treatment with an FDA-
approved therapy can reduce future disease activity and improve the quality of
life for many people with MS;
WHEREAS, multiple sclerosis is a disease that not only affects the person with
the condition, but also greatly impacts family, friends, and the community; the
exact cause of multiple sclerosis is still unknown, and there is no known cure;
WHEREAS, the symptoms of MS may be mild such as numbness in the limbs, or
severe, such as paralysis or loss of vision; every hour of every day, someone is
newly diagnosed with multiple sclerosis; and
WHEREAS, the National Multiple Sclerosis Society envisions a world free of MS;
the Blue Ridge Chapter of the National Multiple Sclerosis Society provides
programs and services to address the challenges of everyone affected by MS.
NOW, THEREFORE, /, David A. Bowers, Mayor of the City of Roanoke, Virginia,
do hereby proclaim March 14 - 20,2011, throughout this great All-America City,
as
MS AWARENESS WEEK.
Given under our hands and the Seal of the City of Roanoke this seventh day of
March in the year of two thousand and eleven.
Stephanie M. Moon
City Clerk
David A. Bowers
Mayor
ATTEST:
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LIGHT IT UP BLUE
PARTICIPATION PACKET
AlU1i1SM SlP>lEAGG-
It's time to listen.
WWIN.AufismSpeaks.org
On April 1 and 2, 2011, Autism
Speaks invites you to Light It Up
Blue. Everything you need to begin
planning your participation is in-
cluded in this packet. Autism Speaks'
volunteers and staff will help you
every step of the way!
Autism Speaks was founded in
February 2005 by Bob and Suzanne
. Wright, grandparents of a child with
autism.
Autism is a complex neurobiological
disorder that inhibits a person's ability to
communicate and develop social
relationships, and is often accompanied
by behavioral challenges. Autism
spectrum disorders are diagnosed in
one in 110 children; one in 70 boys
in the United States, affecting four times
as many boys as girls. The Centers for
Disease Control and Prevention have
called autism a national public health
crisis whose cause and cure remain
unknown.
Who can Light It Up Blue?
Individuals and Families
Buildings and landmarks
Retail locations
Schools and Universities
Cultural Institutions
Restaurants
Media
· Additionally, Airports, Bridges,
Sports Arenas, Concert Halls,
Homes, Houses of Worship,
Websites, and Corporate Offices
can Light It Up Blue too!
.
.
.
.
.
.
.
The mission of Autism Speaks is to
change the future for all who struggle
with autism spectrum disorders. We are
dedicated to funding global biomedical
research into the causes, prevention,
treatments, and cure for autism; to
raising public awareness about autism
and its effects on individuals, families,
and society; and to bringing hope to all
who deal with the hardships of this
disorder. We are committed to raising
the funds necessary to support these
goals.
For more information, please visit our
website www.lightitupblue.org.
On behalf of the individuals and
families affected by autism, and all
those we serve, thank you.
1!'@ (iJ!I.~@j'\iPillWui.~~~ ~~~~~~.@j'@iiJilIlII~~.
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We invite you to join us on April 1 and 2, 2011 and throughout the month of April as Autism Awareness
Month to raise awareness about autism. Here are some ways to participate as individuals and families:
Ways to Light It Up Blue in person:
" Wear your Autism Speaks puzzle piece pin every day throughout the month of April, and tell people about
autism if they ask about it.
" Wear blue clothing and ask your friends, co-workers and schools to wear blue too. Remember to take a
group photo and upload it to our Flickr site at www.lightitupblue.org.
· Purchase blue light bulbs from your local lighting supply store or online and replace your
'outdoor lighting with these blue bulbs.
" Host a cocktail party and serve blue-themed drinks and food.
· Contact your local bakeries to see if they would frost their donuts with blue icing and
donate a portion of proceeds from the baked goods to Autism Speaks.
· Raise funds for Autism Speaks by asking colleagues to donate $5 to wear blue jeans to work on Friday, April 1 , 2011.
· Ask the building where you work if they would be willing to have flyers about Autism Speaks and World Autism Awareness
Day in the foyer on April 1 and 2.
Celebrate Light It Up Blue online:
· Visit www.lightitupblue.org and download the Light It Up Blue logo and web banner then add it to your
website or blog.
· Change your Facebook profile picture to the Light It Up Blue logo and tag at least 10 of your friends.
Update your Facebook status to read "Light it up blue to shine a light on autism."
· Post on your brog about how you are "lighting it up blue" to raise autism awareness. Celebrate your loved
one affected by autism by telling a brief story about his/her recent accomplishments or how that person
has impacted your life.
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· Tweet facts about autism and use the hashtag #lightitupblue. For example, "Autism affects
1 in 110 children. #Iightitupblue"
· Add the Light It Up Blue logo to your e-mail signature and type your e-mails in blue font
throughout the month of April.
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We invite you to join us on April 1 and 2, 2011 and throughout the month of April as
Autism Awareness Month to raise awareness about autism. Here are some ways to
participate:
Tell your tenants and guests about our partnership.
. Light up your building in blue.
. Order Light It Up Blue supplies from Autism Speaks to create a visual display
within your building or landmark such as posters, window clings etc.
. Consider organizing a media event, like a ceremonial flipping of the switch to
provide a visual display and entice media coverage.
. Provide Autism Speaks lapel pins for building staff to wear throughout the month
of April.
. Include a mention about Light It Up Blue in your elevator banks, e-newsletters,
on your Website and on your Facebook wall.
. Take photos and upload them to our website devoted to Light It Up Blue at
www.lightitupblue.org.
Make a financial contribution. Many properties and landmarks show support for Autism
Speaks by incorporating a fundraising component.
. Become a Light It Up Blue partner by donating a percentage of sales from
admissions on Friday, April 1 and Saturday, April 2 in honor of World Autism
Awareness Day, or on other designated days throughout the month of April in
honor of Autism Awareness Month, to Autism Speaks.
Involve the local media. Your support IS newsworthy-reach out to the media, using
Autism Speaks' press release boilerplate, to let the community know about your great work _
to support Autism Speaks.
'01
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CONTACT INFORMATION
Business Name:
Business Type:
Contact Name:
Contact Title:
Address:
City:
Tel:
State:
ZIP:
Fax:
E-mail:
PARTICIPATION OPTIONS
o My business would like to be a Light It Up Blue Partner by conducting an in-store fund raising promotion in sup-
port of Autism Speaks. Program Description:
Program Timeline:
o My building or landmark will Light It Up Blue on the following dates:
Participation Description:
o My business would like more information on how to order Light It Up Blue merchandise from Autism Speaks.
o
Signature:
Date:
! "
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
March 8, 2011
JONATHAN E. CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
Karena J. Clinton
1014 Pechin Avenue, S. E.
Roanoke, Virginia 24013
'Dear Ms. Clinton:
A communication from the City Clerk advising of your resignation as a member of the
Roanoke Neighborhood Advocates was before the Council of the City of Roanoke at a
regular meeting, which was held on Monday, March 7, 2011.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Personnel and Employment
Practices Commission from August 24, 2009 to March 7, 2011. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely,
~"0I.~~
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosure
pc: Jeff Campbell, Chair, Roanoke Neighborhood Advocates
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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
March 7, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to advise that Karena J. Clinton has tendered her resignation as a member of the
Roanoke Neighborhood Advocates, effective immediately.
- m.lI1otJ-rJ
Stephanie M. Moon, MMC [
City Clerk
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
March 7, 2011
Request a Public Hearing for Conveyance of City-owned Property
Located Near the Intersection of Riverland Road, Bennington Street,
and Mount Pleasant Blvd. to the Virginia Department of Transportation
Background:
The Virginia Department of Transportation (VDOT) has programmed an
intersection improvement project at the intersection of Riverland Road,
Bennington Street, and Mount Pleasant Boulevard. The project is currently in the
right of way acquisition phase with construction scheduled for the summer of
2012.
Considerations:
The City of Roanoke owns two parcels of land which will be affected by the
proposed improvements. More specifically, these parcels include tax parcel
4250203, on which Fire Station No. 11 is located, and tax parcel 4350701, on
which a portion of the Roanoke River Greenway exists.
A portion of the Fire Station property, tax parcel 4250203, is to be acquired by
VDOT as right of way to support the project. This area, to be conveyed in fee
simple, includes property across the front of the Fire Station parcel immediately
adjacent to the intersection and will accommodate the construction of curb,
gutter, and sidewalk. Also, on the Fire Station parcel, the City is asked to
provide a temporary construction easement to accommodate reconstruction of
the entrances to the station and construction of drainage improvements, a
permanent drainage easement to permit future maintenance activities on the
proposed drainage improvements, and permanent utility easements to permit
relocation and future maintenance of utilities owned by Appalachian Power
Company and Verizon. The project will not affect the physical location of the
Fire Station and appropriate measures will be incorporated to maintain access for
fire apparatus both during and after construction.
On tax parcel 4350701, on which the Greenway is located, the City is asked to
provide only a temporary construction easement to accommodate construction
of the project. Any disruption of the use of the Greenway will be carefully
coordinated with the City to minimize inconvenience to Greenway users. Any
work that may preclude use of the Greenway will be done at night when the
Greenway is closed.
The City Manager, with Council's concurrence, has previously indicated to VDOT
(letter dated October 29, 2009) that the City would dedicate any City-owned
property required for right of way purposes. Further, no compensation is
expected for any City-owned property required for'easement purposes.
Recommended Action:
Authorize the scheduling and advertising of the conveyance of this property to
the Virginia Department of Transportation for a public hearing on March 21,
2011 at 2:00 p.m.
CHRISTOPHER P. MORRILL
City Manager
,
/
Distribution: Council Appointed Officers
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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: cJerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
March 8, 2011
CECELIAT. WEBB
Assistant Deputy City Clerk
Ned B. Jeter, II
Darrell B. Jeter
181 Blue Ridge Boulevard
Roanoke, Virginia 24012
Gentlemen:
I am enclosing copy of Ordinance No. 39068-030711 authorizing the City Manager to
execute the necessary documents providing for the conveyance of a parcel of City-
owned property, being approximately 20.4 acres, designated as Botetourt County
Official Tax No. 108(9)4, to Ned B. Jeter, II, and Darrell B. Jeter for the purchase price
of $4,000.00 per acre, for a total of $81 ,600.00, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 7, 2011, and is in full force and effect upon its
passage.
Sincerely,
~ 'n1'~B~
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Ann H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
Robert Ledger, Manager, Economic Development
D~L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of March, 2011.
No. 39068-030711.
AN ORDINANCE authorizing the City Manager to execute the necessary documents providing
for the conveyance of a parcel of City-owned property, being approximately 20.4 acres adjacent to the
Coyner Springs Community Cemetery in Botetourt County, Virginia, designated as Botetourt County
Official Tax No. 108(9)4, to Ned B. Jeter, II, and Darrell B. Jeter, upon certain terms and conditions; and
dispensing with the second reading of this ordinance.
WHEREAS, a public hearing was held on March 7, 2011, pursuant to 9915.2-1800 and 15.2-
1813, Code of Virginilil (1950), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City,
to execute and attest, respectively, the necessary documents providing for the conveyance of a parcel of
City-owned property, being approximately 20.4 acres, designated as Botetourt County Official tax No.
108(9)4, to Ned B. Jeter, II, and Darrell B. Jeter, for the purchase price of $4,000 per acre, for a total of
$81,600, upon certain terms and conditions, and as more particularly stated in the City Manager's report
to this Council dated March 7, 2011.
2. All documents necessary for this conveyance shall be in form approved by the City
Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
# .. 1-.. OJ. (n'07"-- I
I~~,.. -.. C VY\./
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
March 7, 2011
Sale of City-Owned Property located in Botetourt County
Adjacent to the Coyner Springs Community Cemetery to Ned B.
Jeter, II and Darrell B. Jeter
Background:
Mr. Ned Jeter has leased approximately 20.4 +/- acres of City-owned property
adjacent to the Coyner Springs Community Cemetery in Botetourt County since
March, 2007. Mr. Jeter has fenced the area and the property has been used for
grazing cattle and agricultural purposes. Mr. Jeter has expressed a desire that
his sons, Ned B. Jeter, II and Darrell B. Jeter be allowed to purchase the property
at four thousand dollars ($4000) per acre, for a total of $81,600. This price is
consistent with the assessments of adjacent Botetourt County properties of
similar condition, context, and use, and is therefore determined to be valued
appropriately.
Considerations:
Disposition of this property at the offered price will eliminate the need for City
forces to maintain the property. The property has no identified future public
use.
Recommended Action:
Authorize the City Manager to execute a deed, and any other appropriate
documents, approved as to form by the City Attorney, necessary to transfer the
parcel to Ned B. Jeter, II and Darrell B. Jeter for the consideration of $81 ,600.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Susan Lower, Director of Real Estate Valuation
Robert Ledger, Economic Development Manager
Cassandra Turner, Economic Development Specialist
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
JETER FARMS C/O NED
181 BLUE RIDGE BLVD
ROANOKE VA 24012
I
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CI \\ tLc.Rr.. 1. - . . I
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JETER
REFERENCE:
80177461
12542671
Property
NPH-Sale of
State of Virginia
City of Roanoke
I, (the unders igned) an authori zed representa ti ve
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a dai~y
newspaper published in RDanok~, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__~day of FEB 2011. Witness my hand and
official seal.
Notary Public
\\1111111/,
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PUBLISHED ON:
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TOTAL COST:
FILED ON:
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02/25/11
'I NOTlCEOF PUBLIC )'i
I . HEARING : ,
! The City of Roanokel /
/prop?ses to convey!
,approximately 20,4 acres ofJ
'City-owned property to Ned;
,B. Jeter, II and'Dafrell B.,
,Jeter, designafed as. a
portion of Botetourt County
Of~icial Tax No. 108(9)4,
which has previously been
leased to the Jeters fon ~
agricultural purposes, 1
Pur sua n t tot h el
r e qui r 'e men t s 0 fi
9915.2-1800 and 1813 .
Code of Virginia' (1950) a~'
amended, notice is hereby'
given that the City Council I
of the City of Roanoke will!
hold a public hearing. on thel
above matter at, its regular
meeting to be held .on
Monday, March 7 2011'j
commencing at 2:00 p,m:;,
or as soon thereafter as the;
!!latter may be heard in the'
Cou,ncil 'Chamber~, 4th'
Floor! Noel C, Taylor
MuniCipal Building, 215
Church Avenue, S.W.,
Roanoke, Virginia 24011
Further info,mation 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.
!f you,a~e a person with a ,
disability who needs'
,acc~mmodations for this,
heanng, please contact the
City Clerk's Office at (540) ,
853-2541, before 12:00
~g~1.on Thursday, March 3,
GIVEN. under my hand this
22nd day of February
2011. . ,
, Stephanie M, Moon,
.. City Cle'k
(12542671)
--------------------------------------------------+------------------------
~~~~~~~::~__~~-~~ Billing Services Representative
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NOTICE OF PUBLIC HEARING
. ." rOt 1
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The City of Roanoke proposes to convey approximately 20.4 acres of City-owned property
to Ned B. Jeter, II and Darrell B. Jeter, designated as a portion of Botetourt County Official Tax No.
108(9)4, which has previously been leased to the Jeters for agricultural purposes.
Pursuant to the requirements of ~~ 15.2-1800 and 1813, Code of Virginia (1950), as amended,
notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing on the
above matter at its regular meeting to be held on Monday, March 7,2011, commencing at 2:00 p.m.,
or as soon thereafter as the matter may be heard, 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 ofthe City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shan 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, March 3,2011.
GIVEN under my hand this 22nddayof February
, 2011.
Stephanie M. Moon,
City Clerk
Notice to Publisher:
Publish in the Roanoke Times once on Friday, February 25,2011.
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:
Jeter Farms c/o
Ned B. Jeter
181 Blue Ridge Blvd
Roanoke, Virginia 24012
(540) 312-7754
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
. STEPHANIEM.MOON,MMC
City Clerk
March 8, 2011
CECELIA T. WEBB
Assistant Deputy City Clerk
Ned B. Jeter
Ned B. Jeter, II
Darrell B. Jeter
181 Blue Ridge Boulevard
Roanoke, Virginia 24012
Gentlemen:
I am enclosing copy of Ordinance No. 39069-030711 authorizing the City Manager to
execute a. lease agreement with Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter, to
lease approximately 7.41 acres of City-owned property, being a portion of Botetourt
County Official Tax No. 108(9)1, 1 A, 2, located northwest of the former City Nursing
Home at Coyner Springs in Botetourt County, Virginia, for agricultural purposes, for an
initial term of one year, beginning retroactive to March 1, 2011, and expiring
February 28, 2012, subject to four additional one year term renewals upon mutual
agreement of the parties, at an annual rental of $20.00 per acre, totaling $148.20 per
year, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 7, 2011, and is in full force and effect upon its
passage.
.. ~\~t)a-vJ
Stephanie M. Moon, MMd
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Ann H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
Robert Ledger, Manager, Economic Development
01e-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of March, 2011.
No. 39069-030711.
AN ORDINANCE authorizing the City Manager to execute a lease
agreement with Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter, to lease
approximately 7.41 acres of City-owned property, being a portion of Botetourt
County Official Tax No. 108(9)1, lA, 2; and dispensing with the seco,nd reading
of this ordinance by title.
WHEREAS, a public hearing was held on March 7, 2011, pursuant to
SS15.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which
hearing all parties in interest and citizens were afforded an opportunity to be
heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and the City Clerk are hereby authorized, to
execute and attest, respectively, in a form approved by the City Attorney, a lease
agreement with Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter, to lease
approximately 7.41 acres of City-owned property, being a portion of Botetourt
County Official Tax No. 108(9)1, lA, 2, located northwest of the former City
Nursing Home at Coyner Springs in Botetourt County, Virginia, for agricultural
purposes, for an initial term of one year, beginning retroactive to March 1, 2011,
and expiring February 28,2012, subject to four additional one year term renewals
upon mutual agreement of the parties, at an annual rental of$20 per acre, totaling
. . ..
$148.20 per year, upon certain terms and' conditions, and as more particularly
I
described in the report of the City Manager to Council dated March 7,2011.
1
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
~'rn.~\hV
City Clerk.
2
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
March 7, 2011
Request to Lease Approximately 7.41 Acres of Land in Botetourt
County to Mr. Ned B. jeter, Ned B. jeter, II and Darrell B. Jeter
Background:
Since April of 1982, Mr. Ned B. Jeter has leased approximately 7.41 acres.of City-
owned land, located nQrthwest of the former City Nursing Home at Coyner
Springs, for agricultural use. The current lease at ten dollars ($10) per acre
expired February 28, 2011. Mr.Jeter and his sons, Ned B. Jeter, II and Darrell B.
Jeter have requested a new one-year lease with four mutually agreed upon one-
year renewal options at a lease rate of twenty dollars ($20) per acre totaling
$148.20 per year.
Considerations:
Farming of the tract serves the primary purpose of keeping it cleared and
eliminating the need for City forces to keep it cleared and mowed. Lease rate is
twenty dollars ($20) per area per year. Lessee will be required to maintain
fencing as necessary and assu me all liability for damage to and by their actions
or actions of their livestock, machinery, equipment, employees and guests.
Lessee is to provide liability insurance listing the City of Roanoke, its officers,
agents, employees and volunteers as additional insured.
Recommended Action:
Authorize the City Manager to execute a lease, similar in form to the one
attached with Ned B. Jeter, Ned B. Jeter, II and Darrell B. Jeter, for approximately
7.41 acres of land in Botetourt County, for a period of one (1) year, subject to
four additional renewals of one-year terms upon mutual agreement of the
parties, retroactive back to March 1, 2011 and expiring February 28, 2012. All
d cu ts hall be upon form approved by the City Attorney.
ISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Robert Ledger, Economic Development Manager
Cassandra Turner, economic Development Specialist
Joshua Mabry, Tax Compliance Supervisor
Attachment: 2011 Lease Agreement
2
LEASE AGREEMENT
THIS LEASE AGREEMENT, made as ofthis _day of , 2011, by and
between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing
under the laws of the Commonwealth of Virginia ("Lessor"), and NED B. JETER, NED B.
JETER, II AND DARRELL B. JETER ("Lessee"),
WIT N E SSE T H:
Lessor and Lessee, for and in consideration of mutual covenants contained in this Lease
Agreement, do hereby covenant and agree as follows:
1. Leased Premises -_Lessor hereby leases to Lessee, subject to the' terms and
conditions contained herein, and Lessee hereby accepts from the Lessor, as tenant,
approximately 7.41 acres of land located northwest of the Roanoke City Nursing Home at
Coyner Springs, as more particularly shown on the Plat Showing City Owned Property at
Coyner Springs to be Leased for Farm Purpose dated March 21, 1991, attached hereto as
"Exhibit A" and made a part hereof (hereinafter referred to as the "Leased Premises").
2. Condition of the Leased Premises - Lessee has inspected the Leased Premises and
acknowledges that the Leased Premises are suitable. for the purpose intended by the Lessee and
the Leased Premises are being made available "as is", and accepted in their present condition.
3. Alterations - There shall be no major alterations of the Leased Premises,
without Lessor's prior written consent.
4. Permitted Use and Maintenance - The Leased Premises shall be used for the
planting and harvesting of agricultural crops, and activities ancillary thereto and for no other
purpose. Lessee agrees to be responsible for all maintenance of any kind on the Leased
Premises. If Lessee does not plant crops on all the Leased Premises, Lessee shall mow the Leased
Premises or such part thereof npt used for growing crops at least twice a year between June and
October and otherwise keep the Leased Premises in good appearance and free and clear of debris
and litter. Lessee shall maintain all fencing. Lessee shall assume all liability for damage to
Lessee's person, livestock, machinery, equipment, agents, employees, guests, invitees, and
contractors. Lessee shall assume all liability for damage by its actions or actions of its livestock,
machinery, equipment, agents, employees, guests, invitees and contractors.
5. Term - The term of this Lease Agreement shall be for a period of one (1) year,
commencmg on ,2011, and continuing until midnight, ,2012. This Lease
Agreement may be renewed for up to four additional terms of one year each upon mutual
agreement of the parties. This lease shall be terminable by either party upon thirty days written
notice. Provided, however, should the Lessee have planted a crop as yet unharvested, the City
shall give four months written notice of termination.
6. Rental - Annual rental shall be $148.20 per year, payable in advance, and mailed
or otherwise delivered to the Lessor's Office of Billings and Collections, Room 252 Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011-1529. Rent is not subject to
proration.
7. Compliance with laws. rules and regulations - In Lessee's exercise of the rights and
privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and/or any
other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own
expense with all present and future, federal state and local laws, rules or regulations, applicable
to or affecting directly or indirectly Lessee or its operations and activities on or in connection
with the Leased Premises.
8. Utilities - Lessee shall pay all utility connections and service charges, if any,
with respect to the Leased Premises.
9. Compliance with Environmental Laws - Lessee shall comply with all federal,
state and local laws, rules, regulations, resolutions and ordinances controlling air, water, noise,
solid waste and other pollution and relating to the use, storage, transportation, release or disposal
of hazardous material substances or waste.
10. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or
permit to be brought onto, stored, disposed of, or released, any hazardous, toxic, or petroleum
substances; waste or materials 0 f any kind on the Leased Premises.
11. Report release of Hazardous Materials - Lessee shall immediately furnish to the
Lessor's Director of Utilities and Operations written notice of any and all releases of hazardous
waste, materials or substances whenever such releases are required to be reported to any federal,
state, or local authority, and pay for all cleanup and removal costs. Such written notice shall
identifY the substance released, the amount released, the measures undertaken to cleanup and
remove the released material and any contaminated soil or water. Lessee shall also provide
Lessor with copies of any and all reports resulting from tests on the Leased Premises or made to
any governmental agency which relate to the Leased premises.
12. Environmental Indemnifications - Regardless of the City's acquiescence and in
addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee
shall indemnifY, defend, and hold Lessor, its officers, agents and employees, harmless from all
costs, liabilities, penalties, or fmes, including attorney's fees, resulting from or arising out of
Lessee violation of the environmental provisions contained in this Lease Agreement and agrees
to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying
such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its
officers, agents and employees, harmless from all costs, expenses, attorney's fees and all
penalties or civil judgments obtained against the Lessor as a result of Lessee's use, release or
disposal of petroleum product, hazardous substance, material, or waste onto the ground or into
the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any
controversy or dispute arising Linder these environmental provisions and Lessee further agrees
that it will not raise or plead a statute of limitation defense in any action arising out of Lessee's
failure to comply with the environmental provisions contained herein.
13. Insurance Coverage - Lessee shall obtain liability insurance coverage with respect
to claims arising out of the subject matter ofthis Lease Agreement. The amount of this insurance
shall be not less than:
(a) General Aggregate $1,000,000.00;
(b) Products - Complete/Operations Aggregate - $1,000,000.00;
(c) Personal and Advertising Injury - $1,000,000.00;
(d) Each occurrence - $1,000,000.00;
(e) Above amounts maybe met by umbrella form coverage in the minimum amount of
$1,000,000.00 aggregate; $1,000,000.00 each occurrence.
Lessee shall name the Lessor, its officers, agents, employees and additional insureds as
its interest may appear on the above policy. Such coverage shall not be canceled or materially
altered except after thirty days written notice of such cancellation or material alteration to the
Lessor. Prior to the execution of this Lease Agreement, Lessee shall provide the Lessor with an
exact copy of the Certificate of Insurance as specified above. All renewal policies shall be
delivered to the Lessor at least fifteen days prior to the expiration date of the expiring policy. If
at any time the coverage, carrier or limits on any policy or the insurance requirements contained
herein shall become unsatisfactory to the Lessor, Lessee shall forthwith provide a new policy
meeting the requirements of the Lessor.
14. Indemnity -_Lessee shall indemnify and hold harmless the Lessor, its 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 Lessee, its
successors, officers, agents, employees, assigns, guests, contractors, or invitees, on the Leased
Premises, or other City-owned property pursuant to this lease, including, without limitation, fines
and penalties, violations of federal, state or 10ca11aws, or regulations promulgated thereunder,
personal injury, wrongful death, or property damage claims. In addition to the indemnification
provision contained elsewhere in this Lease Agreement, and regardless of the Lessor's
acquiescence, Lessee agrees to indemnify, defend and hold the Lessor, its officers, agents and
employees, harmless from any and all costs, liabilities, expenses, lines, penalties, or civil
judgments, including attorney's fees resulting from or obtained against or paid by the Lessor as a
result of Lessee's violations of or failure to comply with any other provisions of this 'Lease
Agreement.
15. Subleasing - Lessee covenants and agrees that it will not sublet, license, assign, or
transfer by operation oflaw or otherwise this Lease Agreement, the Leased Premises or any right
Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor. Any
attempt by the Lessee to sublet, license, assign, or transfer by operation of law or otherwise this
Lease Agreement, the Leased Premises, or any rights Lessee is authorized to exercise hereunder
without the prior written consent of the Lessor shall result in the automatic termination of this
Lease Agreement.
16. Notice - Unless otherwise specified, all notices, consents and approvals required
or authorized by this Lease Agreement 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 hand
delivery. Notice to the City or'Roanoke shall be addressed to the:
City of Roanoke, Attention City Manager
Room 364 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
or at such other office as Lessor may hereinafter designate by notice to the Lessee in writing.
Notice to the Lessee shall be sent to:
Ned B. Jeter
2120 Blue Ridge Blvd. Roanoke,
Virginia 24012
or at such other place as Lessee may hereinafter designate by notice to the Lessor in writing.
17. Entire Agreement - This Lease Agreement constitutes the entire understanding
between the parties. Any changes or modification of this Lease Agreement must be in writing
signed by both parties.
18. Severability - In the event any provision herein 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.
19. Headings - The headings used in this Lease Agreement are intended for
convenience and reference only and do not defme, expand, or limit the scope or meaning of any
provision ofthis Lease Agreement.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day
and year first written above:
ATTEST:
CITY OF ROANOKE, VIRGINIA
Stephanie M. Moon, City Clerk
By
Christopher P. Morrill, City Manager
Approved as to form:
Approved as to execution:
Assistant City Attorney
Assistant City Attorney
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EXHIBIT A
~~
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The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - _:. - - - --
JETER FARMS C/O NED
181 BLUE RIDGE BLVD
ROANOKE VA 24012
REFERENCE:
80177461
12542459
State of Virginia
City of Roanoke
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B.
JETER
NPH-Lease renewal
Je
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers .on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virg:!:J1ia. Sworn and subscribed before me this
__&~~day of FEB 2011. Witness my hand and
official seal.
PUBLISHED ON:
02/25
TOTAL COST:
FILED ON:
215.28
02/25/11
Notary Public
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NOl1~E~~ PUBUC I
. HEARING
The City of Roanoke
proposes to lease
approximately 7.41 acres ofl
City-owned property, beini: a I
portion of Botetourt County
Official Tax No. 108(9) 1,
1A, 2, located northwest of
the former City Nursing
Home at Coyner Springs in
Botetourt County, Virginia,
to Ned B. Jeter, Ned B.'
Jeter, II and Darrell B. Jeter,;
to be used for agriculturaL
Lise, for an initial term ofl
one year, sUbj.ec t to fourl
additional one year term
renewals. upon mutual
agreement of he parties,
commencing March 1"
2011.
Pur sua n t tot h el
r e qui rem e n t s 0 f;
9 9 1 5 . 2 - 1 8 0 0 a n dl
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 regul.r
meeting to be .held on
Monday, March 7, 2011,
commencing at 2:00 p.m.,
in the Council Chambers,
4th Floor, Noel C..Taylor
Municipal Building, 2.15
Church Avenue, S.W.,.
Roanoke, Virginia,24011. !
Further information is.
available from the/Office of
the City Clerk for the City of
R 0 a n 0 k e a ti (,5 4 0 ) ,
853-2541. ~:
Citizens shall nave 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 1.2:00
noon on. Thursday, March 3,.,
2011. i
GIVEN under my hand this:
22nd day of February,
2011.
Stephanie M. Moon
City Clerk
(12542459)
!
--------------------------------------------------+------------------------
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Authorized v---. ...4-
Signature:___f~j74f__
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Billing Services Representative
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NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 7.41 acres of City-owned
property, being a portion of Botetourt County Official Tax No, 108(9) 1, lA, 2, located
northwest of the former City Nursing Home at Coyner Springs in Botetourt County,
Virginia, to Ned B. Jeter, Ned B. Jeter, II and Darrell B. Jeter, to be used for agricultural
use, for an initial term of one year, subjec;t to four additional one year term renewals upon
mutual agreement of the parties, commencing March 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, March 7, 2011, 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,
March 3, 2011.
GIVEN under my hand this 22nd day of February
, 2011.
Stephanie M. Moon
City Clerk
Notice to Publisher:
Publish in the Roanoke Times once on Friday, February 25,2011.
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:
Jeter Farms c/o
Ned B. Jeter
181 Blue Ridge Blvd
Roanoke, Virginia 24012
(540) 312-7754
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
March 7,2011
Status Report - Explore Park Motion Picture Productiol:'l
I would like to sponsor a request from Elmer Hodge, a member of the Virginia
Recreational Facilities Authority Board, to present to City Council a report on
the economic impact of feature-length motion picture production undertaken at
Explore Park between July and December, 2010.
RISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
d", -, '
',-:".' -
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250 local hires
17,640 Room nights in local
Hotels
43 shooting days in Virginia
. . .and nights,
.. .and more nights!
months of preparation~~ '.~ _
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Local Economic
Impact
$3,730,159
based on actual spending figures provided by
producer, times industry standard 1.8 multiplier
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
March 7, 2011
Annual Report - Roanoke Valley Convention and Visitors Bureau
I would like to sponsor a request from Landon Howard, Executive Director,
Roanoke Valley Convention and Visitors Bureau, to present to City Council an
annual report.
CHRISTOPHER p, MORRILL
City Manager
Distribution:
Council Appointed Officers
~1!;$ ~~ S~~@ Rod~@P~:zt
2009 - 2010 ANNUAL REPORT
Ck~
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----o.~_____~______~=___~""===~_,
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MISSION STATEMENT
The RVCVB exists to promote the Roanoke Valley as a unique destination, with an outstanding quality
of life, for leisure tourism, meetings, sporting events, recreation and business, and to facilitate the financial
and cultural growth of the community as an exceptional place to live, work and recreate.
CONTENTS
3 Message from the President
4 Board of Directors
5 Bureau Staff
6 State of the Bureau
7. Tourism in the Valley
8 Occupancy and Average Daily Rate
9 By the Numbers
11 Executive Director Recap
fvless2g2 fron1 th:::. Pre'5:.1dent
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.............~.-:~_.
MESSAGE FROM THE PRESIDENT
These are exciting times to be living, learning, working and promoting
western Virginia. This annual report clearly demonstrates significant .
accomplishments made by the Roanoke Valley Convention & Visitors Bureau
(RVCVB) with the outstanding collaborative support by our partner members
and funding jurisdictions (Botetourt County, City of Roanoke, .City of Salem,
Franklin County and Roanoke County).
Under extraordinary leadership, the FY 09/10 year was filled with new and
exciting direction. Landon Howard's arrival as the Bureau's executive director
has garnered a renewed interest and understanding of the impact of tourism
in the Valley and has served as an impetus to position Virginia's Blue Ridge Mountains as a destination.
Initiatives were presented including new destination management software enabling greater efficiencies
internally, a search was begun to hire a national public relations firm committed to bring qualified travel
writers from diverse media outlets for a variety of regional experiences and the restaurant industry
was engaged more than ever before. These. are just a handful of examples of what was slated
for implementation.
The tourism industry in the region has clearly demonstrated a "can do attitude" during a time filled with
change and economic hardship. The value and quality of our tourism product combined with our natural
beauty and southern hospitality continue to make the Roanoke Valley region a viable and desirable
destination for diverse audiences. The RVCVB Board of Directors continues to look for innovative.
ways to transform "business as usual" into a creative, dynamic approach to marketing and promoting
the region through partnerships. With the leadership provided by the committed, outstanding staff of
the RVCVB combined with the expertise provided by our industry partners and stakeholders, tourism
growth is inevitable.
Along these same lines, great strides have been made to strengthen collaborative relationships with
key organizations including the Virginia Tourism Corporation, Roanoke Regional Partnership, Roanoke
Regional Chamber of Commerce and Downtown Roanoke Inc. Working together to combine our
resources and goals will result in gaining a much greater market share.
Thank you for your many contributions toward the Bureau's efforts to promote the region as a unique
destination, with an outstanding quality of life for leisure tourism, meetings, sporting events, recreation
and business, and to facilitate the financial and cultural growth of the region as an exceptional place to
live, work and recreate. We're fortunate to call the Roanoke Valley home and look forward to even more
opportunities to entice visitors to experience their own "Blue Ridge Day."
Susan E. Short
Board President
Roanoke Valley Convention & Visitors Bureau
~~,
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2009 - 201C .~Nr\j!J~L RE;DORT . 3
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2009 - .2010 80::ircl of Dtj".::;ctors
_.-._~~---~--~-~-,
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2009 - 2010 BOARD OF DIRECTORS
Susan E. Short
Virginia Tech Roanoke Center
Board President
Carey Harveycutter
Salem Civic Center
Board Treasurer
Pete Lampman
Virginia Amateur Sp.orts
Board Vice-President
Neil Ordway
Holiday Inn Roanoke - Valley View
Board Past President
Gary Walton
The Hotel Roanoke & Conference Center
Board Secretary
Dave Andersen
Dominion Lodging
John Lugar
Valley Forward
Darlene Burcham
City of Roanoke - City Manager
Christopher P. Morrill
City of Roanoke - City Manager
Steve Buschor
City of Roanoke Parks & Recreation
Dharmendra Patel
Samip Management
Chris Connolly
Roanoke Civic Center
Pete Peters
Botetourt County Parks, Recreation & Tourism
Kevin Costello
County of Botetourt - Tourism Coordinator
Laura Rawlings
The Arts Council of the Blue Ridge
Carthan Currin
Martin Brothers Contractors
Kay Strickland
Virginia Western Community College Education Foundation
John Dudley
Residence Inn, Roanoke Airport
James E. Taliaffero, II
City of Salem - Assistant City Manager
B. Clayton Goodman, III
County of Roanoke - County Administrator
A. Morris Turner, Jr.
First Citizens Bank
Pete Haislip
Roanoke County Parks, Recreation & Tourism
Margaret-Hunter Wade
Cox Communications
Shirley Holland
Carilion Clinic
Joyce Waugh
Roanoke Regional Chamber of Commerce
John Katz
Salem Red Sox
Debra Weir
County of Franklin - Tourism/Special Events Manager
Pete Larkin
Office of Congressman Robert Goodlatte
Lee Wilhelm
McNeil Roofing, Inc.
Mary Beth Layman
Vinton War Memorial
Barton Wilner
Entre Computer Center
4
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BUREAU STAFF
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The Bureau staff consists of 8 full-time
employees, 8 part-time employees and
14 volunteers.
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STAFF
Landon Howard
Executive Director
Heidi Mowry
Administration Manager
Debora Wright
Director of Marketing
Catherine Fox
Director of Tourism & Communications
Kelly Burd-Adams
Director of Sales
VOLUNTEERS
Ann Andrews
Hugh Brown
Joe Cummings
Arleen Goble
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serVices Supervisor:
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Trena Pividal
Marketing Coordinator
Christopher Nicholas
Visitor & Information Services Supervisor
Vickie Meeks Miller
Convention Sales & Services Coordinator
Barbara Fink
Information Specialist (Part-Time)
Amber Motley
Information Specialist (Part-Time)
Dot Leonard
Information Specialist (Part-Time)
Patricia Heaton
Jack & Manette Newcomb
Dot Piedmont
Marvin & Lee Pollard
Velma Thomas
Information Specialist (Part-Time)
Jane Smith
Information Specialist (Part-Time)
Janet Lampman
Information Specialist (Part-Time)
Sheryl Newcomb
Information Specialist (Part-Time)
Zach Brabham
Information Specialist (Part-Time)
Molly Putnam
Marion Rodgers
Carlton Saul
Martha Worrell
2()C~~ - 2'JiO _A.I'Ji'~U.L\L REPOF:T .
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STATE OF THE BUREAU
The Roanoke Valley Convention & Visitors Bureau is an independent 501 c (6) not-for-profit corporation.
The Bureau is supported by funding from 5 local governments and over 200 private sector members.
FUNDING SOURCES
. City of Roanoke ..........................................................51.4%
4.6%
o County of Botetourt.....................................................2.1%
1.6%
2.1%
51.4%
. County of Roanoke....................................................12.9%
o City of Salem ...............................................................10.2%
a County of Franklin .......................................................1.6%
10.2%
D State Grants & Miscellaneous Funds .................. 17.2%
III Mem bersh i p........... ....... ...... ................. .......................... 4.6%
BUDGET HISTORY
The Bureau's budget increased approximately 1.1% in 2009/2010.
750.000...
2.000.000...
1.750.000...
1.500.000...
1.250.000...
1.000.000..
500.000...
2005/2006
2006/2007
2007/2008
2008/2009
2009/2010
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Tourisr"n In the \/aHe}i
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TOURISM IN THE VALLEY
. Over $610 million in annual expenditures
. Over 7.100 jobs directly related to tourism
. Over $131.590,000 in payroll
2.2%
4.4%
58.3%
59.2%
ROOM TAX
MEALS TAX
ROOM TAX
Locality
Revenue
% of Total
· City of Roanoke (7% tax rate) ...................................................................................... $2.641.196...........................58.3%
G City of Salem (7% tax rate) ............................................................................................ $809,386............................17.9%
Ii County of Roanoke (5% tax rate) ..................................................................................$729.227 ...........................16.0%
o County of Botetourt (5% tax rate) ............................................................................... $253.926 ............................. 5.6%
!:J County of Franklin (5% tax rate) .......................................................................................$98,193 ..............................2.2%
$4,531,928
MEALS TAX'
Locality
Revenue
% of Total
· City of Roanoke (5% tax rate).................................................................................... $11.16 6,378...........................59.2%
IlJ City of Salem (4% tax rate)......................................................................................... $2,422.604 ............................12.8%
o County of Roanoke (4% tax rate) ............................................................................. $3.394.302 ............................18.0%
r::J County of Botetourt (4% tax rate) .............................................................................$1.057.760 ............................. 5.6%
fl County of Franklin (4% tax rate)................................................................................... $834, 825.............................4.4%
* Includes visitors and residents
$18,875.869
Source: local governments
21J09 - 2010 ,6,~,lr".jl-..!.AL S:EPORT . 7
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---~-....-,~~
OCCUPANCY
ROANOKE VALLEY
VIRGINIA
USA
Jul y 2009 ...... ....................................... ................. .........58 .2%..................... .......... .... ..... 65.9% ......... ........ ....................... 64.1 %
August 2009................................................................. 51.5% ......................................... 61.6% .........................................60.7%
September 2009............... ................... ............... ........ 57.0% ....... ..................... ............ 56.0% ........................................ 56.7%
October 2009................. ................. ....... ........ ...... ....... .58 .2%............ ........ ........ ....... ......58.6% ........................................ 58.1%
Novem ber 2009 ..................................... .....................44.1 % .............. ........................ ...47.3% ................. ..................... ...49.5%
December 2009......................................................... 40.7% .........................................41.1%.........................................44.2%
Janua ry 2010...... ........... ................................ ........ ....... 34.9% ....... ......................... ........39.6% ........... .... ......... ........... ..... 45.1 %
February 2010 ............................................................. 42.2%........................................ 46.2% ........................................53.0%
March 201 0 .................................. ....... ............................ 51.1 % ............... ........... ........ ........55.3%....................... ........ ..........57.9%
Apri I 2010....................................................................... 51.3% ......................................... 61.5% .........................................58.4%
May 2010 ..................... ...................................................54.7%............ ................. ........... 60.9% .............. .... ......................58.9%
June 2010 ...................................................................... 55.6%........................................ 66.6% ....................................... 65.0%
AVERAGE DAILY RATE (ADR)
ROANOKE VALLEY
VIRGINIA
USA
Jul y 2009................................ ................. ........ .............$ 76.48... ................. ............ ....... $97.56 ........... .......... ... ........... .....$97.18
Aug ust 2009... ....................:........ ................................$76.70 ....... .......... .................... ..$96.54 .............. ........................ $96.58
September 2009................................................... ..... $79.78..................... ........... .......$98 .63............................ ....... .... $96.67
October 2009........... .......... .............. ................. .......... $81.00 ........... ...... ............ ..... ..... $97.93 ...... ......... ..... .................. .$99.08
November 2009......................................................... $76.21 ...................................... $90.06 ......................................$93.60
December 2009 ............................. ............................ $72.55....... .......... ........... ......... ..$84.65 ................. ..................... $93.73
Jan ua ry 2010......................................................... ....... $74.52 ..................... .................. $88. 67 .................... ...................$93. 93
February 2010 ............................................................. $75.31 ....................................... $88.77 ...................................... $96.40
March 2010 ................................... ............. ................... $77.59 ............... ......... ........ .......$96. 92................................... .... $97. 90
Apri I 2010...... ................. ............................................... $74.82.... ........................ ....... .... $97.04.................... ................... $97. 72
May 2010 .................. ..................................................... $81.40 .............. ................. ........$ 99 .03 ..................... ........ ......... $97.50
June 2010 ...................................................................... $75.51 ...................................... $100.81......................................$98.33
8 Source: Smith Travel Research
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BY THE NUMBERS
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Tota I Medi a Earned ........ ......... ........ ..... ........... .............................. ................... ............. ......... ................................... $753,334
Tota I Free Advertising......................." ....... ............. ......................................... .................... .................................... ..$59,382
l,~
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Website - Number of Unique Visitors ....................................................................................................................154,226
Publications, Internet, Telephone, E-mail ....................................................................................;........................134,410
Direct Spending from Leisure Travel......................................................................................,.................... $43,551,043
20C'9 "" 2010 .~!"Ji""JljAL. R~P()RT . 9
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E}/ li.o::- j'lwYtbers (Contiifl.,/2r:!)
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BY THE NUMBERS (CONTINUED)
,
Travel Trade - Groups
Day-Trip Groups........ .... ..... .... .... ......... ...................... ........... .......... ... ....................... ..... ..................... ........... ......... ...... ... ....... 64
Day-Trip Visitors (avg. 38 people per tour) .............................................................................................................2,432
Day-Trip Economic Impact (avg. $60 per person).........................................................................................$145,920
Overnight Groups .... ................... ....... ....................................... ........................ ...... ......... ...... ............................... ................. 80
Overnight Groups Room-nights Generated ..............................................................................................................1,577
Overnight Groups Economic I mpact ($105/pp/dbl)....................................................................................... $331,170
Total Group Economic Impact ............................................................................................................................ $477,090
't74"'-~"gN". ~ ~-" I
~~2.ny~:nfi~ns and Sports. . . i
Convention Leads
Sales Lead s Generated............ ............. ......... ....................................... ....... .......................... .......... .................... ...... ... .....53
New Busi ness...... ................. ............................... ....................... ..... ........ ........... ..... ........ .................. ....................... ............30
Ma i n tena n ce Acco u nts ...................................................................................................................................................... 23
Sing Ie Property Busi ness........ ........................................... .......................... ..... ................. ...................... ...... ........... ....... 38
Confirmed Convention Bookings
Con fi rmed Booki ng s........................................................................................................................................................... 25
New Business.... ................. .......................... ............. ............. ............... ............. .................. ....................... .................. ...... ...13
Ma i ntenance Accounts ...... ......... ........ ........... ............. .... ..... ........ ......... ....... ....................... ... .... ...... ............. ..... ........ ..... ....12
I n-House (Sing Ie Property Busi ness)......................... ....... ............... ............. .................... ........ ............... ......... .............13
Confirmed Booked Room-Nights ......................................................................................................................... 13,005
New B u si ness............................................................................................................................................................ . 2,285
Maintenance Accounts......................... ............................. .......... ........... ............... ......... ............. ........... ......... .....10,720
I n-House (Sing Ie Property Busi ness) ....................... ....... ........... ........ ....... .......................... ...... ........... ........... ..2,285
Direct Spending
Del egate........................................................................................................................................................ $12,860,488
Groups Serviced (Conventions & Sports) .......................................................................................... $24,239,883
Golf Package Program
Golf Packages Sold.. ............... ........ ........... ..... ........ ......... ............... .... ..... .... ........................ ............. ............. ...... ....... ........53
Golf Revenue ...... .... ........... ....... ....................... ...................... .... ..... ........ ................ .......................... ...... ............. .... $117,660
10
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EXECUTIVE DIRECTOR RECAP
As a newcomer to the Roanoke Valley, it has been a delight to discover a
destination filled with a multitude of fun and exciting visitor offerings. The
scenic beauty and southern hospitality has been inspiring to my family and
me as we settle in our new Virginia home. The warm welcome from this
region's industry professionals would be the envy of any new CVB head,.and
the welcome reception on February 18th will be an event I will always cherish.
During the last five months of FY2009/1O, RVCVB Board members, elected
officials, civic leaders, and lodging and attractions managers, individually
made time to provide excellent orientations. Governmental leaders provided
guidance and the necessary funding for the RVCVB to launch several new initiativesincluding:
. Securing the services of a national public relations firm to unite the region and position the Virginia's
Blue Ridge Mountains as a destination
. Incorporating a new vertical software system to manage all aspects of RVCVB marketing and
operations including sales lead generation, marketing, database management and laying the
groundwork for a partnership extranet system
. Supporting the restaurant industry and the City of Roanoke's "Eat for Education" campaign by
providing complimentary partnership and services for one year
. Launching a unique, new visitor service program through use of a Segway ambassador to meet
visitor needs during peak visitation times
. Development of a new organization chart with realignment of staff responsibilities to accomplish
future organizational needs
. Development of a balanced budget, a transparent program of work, and a transparent performance
measures report card to track future bookings, lead generation, and marketing activities
. Working closely with the Virginia Tourism Corporation (VTC) to secure matching grants, welcoming
the VTC Board of Directors in Roanoke, and hosting the VTC's President, Alisa Bailey, as the keynote
speaker for the annual meeting
With the support of the RVCVB Board of Directors and a dedicated staff, much has been accomplished
during the last five months of FY2009/1O and the groundwork has been laid to build an exciting future in
FY20l0/11. We appreciate all who contributed to our FY2009/10 successes!
Landon Howard
Executive Director
Roanoke Valley Convention & Visitors Bureau
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2C)CJ9 - 2010 A.~~NUAL REPOPT . i!
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ROANOKE VALLEY CONVENTION & VISITORS BUREAU
WWW.VISITROANOKEVA.COM
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101 SHENANDOAH AVENUE NE I ROANOKE, VIRGINIA 24016 2044 I 540.342.6025
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Information Broker
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Roanoke Valley Convention
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City of Roanoke
March 7, 2011
The Roanoke Valley Convention & Visitors Bureau serves as an informatioo broker for the Roanoke
Valley area macro-tourism economy representing and working with over 200 partners.
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Spring Media Tour Dates
April 14 - 1 7
May 19 - 23
A~
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Hospitality Training Workshop
Presented by the Roanoke Valley Convention & Visitors Bureau
Learn how to better attract and retain your customers:
. Answer up to 99% of all visitor questims about the region
. Get tips m giving great directions
. Be better prepared to handie diffiwlt visitors
. Make a lasting positive impression increasing repeat business
Workshop Includes:
. Over 3 hours of interactive training
. Invaluable visitor information resource handbook
. Complimentary guest pass to 12 area attractions
. Customer service excellence overview by Bobbie Walker with the Virginia Tourism Corporatioo
Location: Roanoke Civic Center in the Special Events Center
Date: Thursday. March 10.2011
Time: 8:30am - Noon or 1 :OOpm - 4:30pm
Cost: $15.00 Roanoke Valley CVB members, $20.00 nm-members. $10.00 students
Contact - Catherine Fox - cfox@visitroanokeva.com
SPACE IS LIMITED!!
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Virginia Beach
Asheville, NC
Savannah, GA
Richmond, VA
Norfolk, VA
Greensboro, NC
Raleigh, NC
Loudoun, VA
Roanoke, VA
Total Budaet
Inc. All Sources
$ 12.4 Million
$ 5.2 Million
$ 5.1 Million
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Room Taxes Room Taxes RVCVB % RVCVB %
Jurisdictions ~ Allocated Received Gov't F unded
City of Roanoke $ 2,641,196 $ 721,152 27.3% 65.7%
Roanoke County $ 730,028 $ 162,000 22.2% 16.5%
City of 5alem $ 809,386 $ 143,000 17.7% 13.0"10
Botetourt County $ 253,926 $ 30,000 11.8% 2.7%
Franklin County $ 98.193 S 22 800 23.2% 2.1%
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Room Taxes RVCVB % FY2010-11 35% Additional
lurisdictions Collected Received Allocation Allocation Fundina
City of Roanoke $ 2,641,196 27.3% $ 721,152 924,419 203,267
Roanoke County $ 730,028 24.8% $ 162,000 255,510 93,510
City of 5alem $ 809,386 17.7% $ 143,000 283,285 140,285
Botetourt County $ 253,926 11.8% $ 30,000 88,874 58,874
Franklin County $ 98.193 23.2% LU.8ill! 34.368 11568
Totals $ 4,532,729 24.2% $1,078,952 S 1 ,586,456 507,504
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of March, 2011.
No. 39070-030711.
A RESOLUTION accepting the 2010 Assistance to Firefighters Grant made to the City
of Roanoke Fire-EMS Department by the Department of Homeland Security, FEMA and the
U.S. Fire Administration, and authorizing execution of any required documentation on behalf of
the City.
BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
1. The City of Roanoke does hereby accept from the Department of Homeland
Security, FEMA and the U.S. Fire Administration, the 2010 Assistance to Firefighters Grant to
the City of Roanoke Fire-EMS Department, in the amount of $213,600 with a local match of
$53,400, for a total amount of $267,000, to be used to install mobile data in all of the Fire-EMS
front line apparatus. The grant is more particularly described in the report of the City Manager
to Council dated March 7, 2011.
2. The City Manager is hereby authorized to execute, and file, on behalf ofthe City,
the grant agreement and all necessary documents required to accept the grant. All such
documents shall be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
ATTEST:
~hJ.~
City Clerk.
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of March, 2011~
No. 39071-030711.
AN ORDINANCE to appropriate funding from the federal government for the
Assistance to Firefighters Program, 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
Other Equipment
Revenues
Assistance to Firefighters FY11 - Federal
Assistance to Firefighters FY11 - Local
35-520-3750-9015
$ 267,000 .
213,600
53,400
35-520-3750-3750
35-520-3750-3751
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ ~.1Y\Do-vJ
City Clerk. . - C
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
March 7, 2011
Assistance to Firefighters Grant Acceptance
Background:
The primary goal of the Assistance to Firefighters Grants (AFG) is to meet the
firefighting and emergency response needs of fire departments and nonaffiliated
emergency medical service organizations. Since 2001, AFG has helped firefighters
and other first responders to obtain critically needed equipment, protective gear,
emergency vehicles, training and other resources needed to protect the public and
emergency personnel from fire and related hazards.
The Department of Homeland Security, FEMA and the U.S. Fire Administration recently
announced that the Roanoke Fire-EMS Department has been awarded a federal grant
of $267,000 from the 2010 Assistance to Firefighters Grant program. These funds
will be used to install mobile data terminals in all front line apparatus. This will
facilitate the electronic reporting of Fire-EMS call response status to the E-911 Center
and provide electronic access to building plans and fire plans. The grant requires a
local match of 20%, totaling $53,400. The Federal amount of this grant will be
$213,600.
Considerations:
City Council action is needed to formally accept and appropriate these funds, and
authorize the Director of Finance to establish revenue estimates and appropriations
to purchase the equipment and supplies in accordance with provisions of this grant.
Recommended Action:
Authorize acceptance of the grant of $213,600 with a match from the City of
$53,400, totaling $267,000 and authorize the City Manager to execute required grant
agreement and any other related documents; such documents to be approved as to
form by the City Attorney.
Adopt a revenue estimate in the amount of $213,600 in account 35-520-3750-3750
for federal funds and $53,400 in account 35-520-3750-3751 for matching funds.
Transfer funding in the amount of $53,400 from Local Grant Match 35-300-9700-
5415. Appropriate funding totaling $267,000 in expense account 35-520-3750-9015
established by e Director of Finance in the Grant Fund.
CHRIST HER P. MORRILL
City Manager
Distribution: Council Appointed Officers
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) 853-1l45
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
March 8, 2011
CECELIA T. WEBB
Assistant Deputy City Clerk
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 39072-030711 amending Section 21-44.1(b)
Aaqressive Solicitation and Sales: Definitions: Prohibited Acts and Penalties, of Article I,
In General. of Chapter 21, Offenses - Miscellaneous. of the Code of the City of Roanoke
(1979), as amended, by adding new subsections (b)(7) and (8), in connection with
aggressive solicitation for money or other things of value or the sale of goods or
services, primarily in the downtown area.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 7, 2011, and is in full force and effect upon its
passage.
Sincerely,
~'rrJ. YYj~
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
Lora A. Wilson, Law Librarian
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of March, 2011.
No. 39072-030711~
AN ORDINANCE amending ~21-44.1(b) Aggressive Solicitation and Sales;
Definitions; Prohibited Acts and Penalties, of Article I, In General, of Chapter 21, Offenses -
Miscellaneous, of the Code of the City of Roanoke, (1979), as amended, by adding new
subsections (b )(7) and (8); and dispensing with the second reading by title paragraph of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 21-44.1 (b) Aggressive Solicitation and Sales; Definitions; Prohibited
Acts and Penalties, Article I, In General, of Chapter 21, Offenses - Miscellaneous, of the
Code of the City of Roanoke, (1979), as amended, is hereby, amended and reordained by the
addition of new subsections (b)(7) and (8) to read and provide as follows:
Sec. 21-44.1 Aggressive Solicitation and Sales; Definitions; Prohibited Acts and
Penalties.
* * *
(b) The following will be construed as prohibited acts and it shall be
unlawful for any person to solicit money or other things of value, or to solicit the sale
of goods or services:
* * *
(7) Within twenty-five (25) feet of the premises of an outdoor dining
facility which has been authorized by Section 30-9.1 of this Code.
(8) At or within twenty-five (25) feet of a line of persons in line to gain
admission to a place or waiting to purchase an item or admission
ticket.
* * *
2. Pursuant to 912 of the Roanoke City Charter, the second reading by title
paragraph of this ordinance is hereby dispensed with.
ATTEST:
~~.rv,Q~
City Clerk. - ~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
March 7, 2011
Amendment to City Code Section 21-44.1 (b) Aggressive
Solicitation and Sales; Definitions; Prohibited Acts and Penalties
Background:
In the last few months, we have received a growing number of complaints about
very aggressive solicitation, primarily in the downtown area. Along with what
seems to be increased incidences of aggressive solicitation, we have also heard
rising concerns about perceptions of this activity on downtown businesses. To
pro-actively address these issues, staff met with downtown merchants, reviewed
our current regulations, researched regulations in other cities, and met with
social service providers.
In 1980, City Code provisions were first established to prohibit certain acts of
aggressive solicitation in the City of Roanoke. These regulations were further
amended and expanded in scope in 1993. In 2001, then Section 21-44 of the
City Code was repealed and a new Section of the Code, 22-44.1, was added
which more specifically and comprehensively outlined and defined the various
prohibited acts of solicitation and aggressive solicitation. These regulations
included identifying specific locations at which solicitation is prohibited
including distances from banks and financial institutions (including automated
teller machines), and locations where solicitation and/or aggressive solicitation
is prohibited including public areas, posted private property, and public
transportation vehicles and stops or stations. The regulations were developed
with considerable input from various segments of the community.
For the purpose of these regulations, the terms solicit and solicitation pertain
to a request for an immediate donation of money or other things of value from
another person. The means of solicitation covered under the regulations
include the spoken, written, or printed word, or by other means of
communication.
Considerations:
As indicated by the previous refinements of the City Code regarding solicitation
and aggressive solicitation, the context and circumstances regarding the
enforcement against this activity is not static. Recent contac.ts~nd discussions
with business owners and community stakeholders... have identified
circumstances where such solicitation has had adverse impacts on the conduct
of commerce and the operation of certain business activities which are not
currently addressed by the provisions of Section 22-4.1 of the City Code,
specifically outdoor dining facilities and locations where the public waits in line
to gain admission to a place or waiting to purchase an admission ticket. With
the high concentration of outdoor dining facilities in the downtown area located
within, or immediately adjacent to, public rights-of-way where patrons are
seated and unable to remove themselves from situations where solicitation may
occur, the impact of unwelcomed solicitation or aggressive solicitation leads to
interruption of the dining experience and diminution of the outdoor dining
activity.
An amendment to City Code Section 22-4.1 (b) is proposed which would
establish a 25 foot distance separation within which solicitation would be
prohibited adjacent to outdoor dining facilities established under Section 30-9.1
of the City Code, and from any line in which the public was standing to gain
admission to a place. The attached ordinance has been prepared which would
amend Section 22-4.1 (b) of the City Code to accomplish these objectives.
Prior to proceeding with the consideration of such an amendment to the City
Code, the administration requested the Council of Community Service~ convene
a meeting of various social service providers in the City and Downtown
Roanoke, Inc. to seek their input on this issue. On January 6, 2011 City staff,
including Police and Social Services staff, met with representatives from TAP,
the Rescue Mission, RAM House, and Presbyterian Community Center to discuss
the proposed amendments to the regulations and hear any suggestions they
may have for addressing the growing incidence of aggressive solicitation.
Feedback from those stakeholders in attendance was favorable to the proposed
amendment.
Recommended Action:
Adopt an Ordinance amending City Code Section 22-44.1 (b) Aggressive
Solicitation and Sales: Definitions: Prohibited Acts and Penalties, by adding new
subsections (b) (7) and (8) pertaining to certain outdoor dining facilities and
waiting lines for admission to a place.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Cqmmunity Development
Christopher Perkins, Chief of Police '
Jane Conlin, Director of Human/Social Services
2
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, MMC
City Clerk
March 8, 2011
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39073-030711 amending and reordaining Section
24-97, Possession or consumption of alcoholic beveraaes. of Chapter 24, Public
Buildings, of the Code of the City of Roanoke (1979), as amended, to include SunTrust
Plaza as a designated park facility where alcoholic beverages may be possessed or
consumed.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held .on Monday, March 7, 2011, and is in full force and effect upon its
passage.
Sincerely,
~m.lYJtJ~
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile andl Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
Lora A Wilson, Law Librarian
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
~ ,:\\". .e'ee':'
0~~~
_,,,:,<;.:i"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
'the 7th day of March, 2011.
No. 39073-030711.
AN ORDINANCE amending and reordaining Section 24-97, Possession or
consumption of alcoholic beverages, of Chapter 24, Public Buildings, of the Code of the
City of Roanoke (1979), as amended; and dispensing with the second reading by title of
this ordinance.
, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 24-97, Possession or consumption of alcoholic beverages, of
Chapter 24, Public Buildings, of the Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained to read and provide as follows:
* * *
(b) Subsection (a) of this section notwithstanding, the city manager is
hereby authorized to allow alcoholic beverages to be consumed on
the premises of Elmwood Park, Century Square at Church A venue,
S.B., across from Fire Station No. 1 ("Century Square"), Mill
Mountain Park (including the Discovery Center), Mountain View,
Wachovia Plaza at Market Street, S.E., adjacent to the Market
Square Walkway ("Wachovia Plaza"), ttfl€l Reserve Avenue Park,
and Sun Trust Plaza, hereinafter collectively refened to as the
"designated park facilities," under the following conditions:
* * *
(2) Only section 501(c) nonprofit .organizations under Title 26
of the United States Code may apply for the city's alcohol
permit for Elmwood Park, Century Square, Mill Mountain
Park (not including the Discovery Center) and Wachovia
Plaza. Any person or entity may apply for the city's
alcohol pennit for Mountain View, the Discovery Center,
ttfl€l Reserve Avenue Park, and Sun Trust Plaza;
* * *
O-Amending 24-97-adding Sun trust Plaza.doc
1
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~ )n.~"",
City Clerk
O-Amending 24-97-adding Suntrust Plaza.doc
2
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
March 7, 2011
Amendment of Section 24-97 of the Code of the City of Roanoke
(1979), as amended
Background:
Downtown Roanoke, Inc. (DR!) in collaboration with the non-profit "First Fridays
at Five" organization has been evaluating the opportunity for "First Fridays at
Five" to move from the location it has previously operated in the parking lot at
15 Salem Avenue, S.W. to the City-owned property known as SunTrust Plaza
located adjacent to Franklin Road and the SunTrust and Norfolk Southern
Buildings in downtown. "First Fridays at Five" is a non-profit organization
which holds twice-monthly music and community events during the warm
weather months, the proceeds from which support a variety of charitable
organizations in the Roanoke Valley.
"First Fridays at Five" has been in existence in downtown since 1989 and its
events have been held at various locations such as Century Plaza, Wachovia
Plaza and the site which now contains the Taubman Museum of Art before
moving to its current location on Salem Avenue, S.W. As "First Fridays at Five"
is an event that includes the sale and consumption of alcoholic beverages, its
proposed move to the SunTrust Plaza location would require an amendment to
Section 24-97 of the City Code in order for the site to be added to the list of
locations of City-owned open spaces on which such beverages could be sold
and consumed upon the issuance of a permit by the City Manager.
Considerations:
Prior to submitting a formal request to the City, DRI and "First Fridays at Five"
staff made contact with businesses and .property owners immediately adjacent
to the SunTrust Plaza site, including Gentry Locke Rakes and Moore, SunTrust
Bank, Anthem, Norfolk Southern, Franklin Plaza Building, and Stellar One Bank.
Feedback from those organizations was positive as to the relocation of the
event activities to the SunTrust Plaza area. DRI and "First Fridays at Five"
representatives have also been working closely with the City's
Transportation/Public Works and Parks and Recreation staffs on the logistics of
the event setup and operation at the proposed location. Given the level of due
diligence undertaken to-date, the affirmative feedbacJ< r~ceived from adjacent
business interests at this location, and the ability with this move to keep the
First Fridays event in downtown (and closer to the City Market District), it is
recommended. that City Council amend Section 24-97 of the City Code. The
amendment would provide for any qualifying 501 (c) non profit organization
such as "First Fridays at Five" to apply to the City Manager for a permit for the
possession and consumption of alcoholic beverages at this location. Any
events held at this location would also have to comply with the appropriate
Commonwealth of Virginia ABC regulations as well.
Recommended Action:
Amend Section 24-97 (b) and (b)(2) to include SunTrust Plaza, Official Tax Map
Number 4015003, on the list of "designated park facilities," where alcoholic
beverages may be possessed and consumed under the same rules and
conditions listed within this code section as it applies to 501 (c) non profit
organizations for Elmwood Park, Century Square, Mill Mountain Park (exclusive
of the Discovery Center), and Wachovia Plaza.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Steve Buschor, Director of Parks and Recreation
Bob Bengtson, Director of Public Works
Sean Luther, President and CEO, Downtown Roanoke, Inc.
2
Map Output
Page 1 of 1
SunTrust Plaza Location
http:// gis.roanokeva.gov /servlet/ com.esri. esrimap.Esrimap?ServiceN ame=rnke&Client V ersion=3.... 31112011
O~G
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th d~y of March, 2011.
No. 39074-030711.
A RESOLUTION authorizing the waiverofthe City's sovereign immunity in connection with
the City's use of Valley View Mall for an art contest sponsored by the City's Fair Housing Board
("Board"), and authorizing execution of an Agreement with Valley View Mall SPE, LLC, through its
agent, CBL & Associates Management, Inc., in connection with such use of Valley View Mall.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council hereby waives its sovereign immunity with regard to the City's use of
Valley View Mall on March 19, 2011, in connection with the Board's art contest, as set forth in the
City Manager's report to this Council dated March 7,2011.
2. The City Manager is hereby authorized to execute, for and on behalf ofthe City, upon
form approved by the City Attorney, an Agreement with Valley View Mall SPE, LLC, through its
agent, CBL & Associates Management, Inc., relating to the City's use of V alley View Mall on March
19, 2011, for the Board's art contest.
ATTEST:
IW-~n,.~
City Clerk.
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
March 7, 2011
License Agreement Requiring City to Indemnify and Hold Harmless Valley
View Mall
Background:
The City of Roanoke Fair Housing Board ("Board") is sponsoring a series of billboards
and bus ads to be placed around the City in April 2011 to promote and educate the
public about fair housing laws in connection with National Fair Housing Month. As
part of the artwork to be displayed on the billboards, the Board is holding a contest
between fifth and sixth graders in local elementary schools to draw pictures
representing what fair housing means to them. The Board will use the artwork that is
judged most highly by the public and other local leaders, in the billboards. The Board
would like the judging to occur at Valley View Mall on March 19, 2011.
In order for the Board to display the artwork at the mall, the owner of the mall, CBL
Associates and Management, Inc. ("CBL"), is requiring the City to sign a license
agreement for this purpose. The agreement contains a provision requiring the City to
indemnify and hold CBL harmless, and to defend it in the event CBL incurs any
damages, or anything is damaged during the City's use of the premises. An
indemnification and hold harmless provision constitutes a waiver of sovereign
immunity, and any contract containing such a provision must be authorized by City
Council. The City has used the mall in years past for this and other purposes, and the
City always requests CBL to delete this provision. CBL has again declined to delete
this provision.
Attached is a resolution which authorizes City Council to waive the City's sovereign
immunity for this purpose and to authorize the City Manager to enter into the license
agreement, such agreement to be approved as to form by the City Attorney.
Considerations:
This agreement would require the City of Roanoke to waive its sovereign immunity for
the purpose of and during the time of the event at Valley View Mall.
Recommended Action:
Approve the attached resolution and authorize the City Manager to execute the
~-L-----
CHRISTOPHER P. MORRILL
City Manage r
Distribution: Council Appointed Officers
LICENSF AGRFFMF.NT
Deal Type: Other - Common Area
Unit: T-14
Agreement T}'Pe: New
Revised; 12/31/2009
Project ID# 100-628
nus UCENSE is made this _ day of . 20_, by and between Valley View Mall SPE.
LLe by CBL & Associates Management Inc., its managing agent,("Licensor") and Giy of Roanoke, a (n)
Municipality in the state of.:iA, having offices at 215 Church Avenue. SWRoom 312. Roanoke. VA 24011 Attn;
Karl Kleinhenz. Phone:540-853-5647. Fax: 540.853-6597.("Licensee").
It is understood and agreed that this Agreement is, and is intended to be a License, granting the
Licensee pennission to engage in certain acts upon the Licensor's premises, subject to the tenns,
conditions and !imitations set forth herein. Licensor does not grant Licensee anypennanent interest in
Licensor's premises, land, building or other realty whatsoever, nor shall any other relationship between the
parties, including, but not limited to that of landlord and tenant be implied or created byvirtue of this
Agreement. The License granted by this Agreement may not be sold, assigru:d, transferred, mortgaged,
pledged or transferred by Licensee.
In consideration of the agreements set forth herein the parties agree:
1. License Area: Licensee's rights, duties and obligations under this Agreement shall be limited
to the specific area containing approximately ~square feet of floor area, as identified on Exhibit A,
attached hereto and made a part hereof ("license Area"), in Valley View Mall. Roanoke. VA (The
"Shopping Center.) located at 4802 Valley View Boulevard NW, Roanolre, VA 24012 (Payment
remittance address: VaDeI' View Mall SPE, LLC, P.O. Box 74430, Cleveland, OR 44194-
4430). Licensee shall have no right to use any other area of Licensor's premises, other than common
areas open to the general public.
2. .lliwuiw:!; Licensee's rights under this Agreement shall commence on the earlier of: (a)
3/1912011 or (b) the day Licensee opens (the "Commencement Date"), and shall end on 3/19/2011 (the
"Expiration Date"), unless the License referenced in this Agreement is revolred earlier by Licensor.
Licensor shall not be liable to Licensee in damages or otherwise for any delay in the Commencement
Dare, regardless of cause.
3. Use: The License Area shall be occupied and used by the Licensee as approved by mall
management solely for the purpose of a contest in the common area with local artwork on dls~
be judged and for no other purpose whatsoever.
Licensee shall store and! or stock in the License Area only such merchandise as Licensee is
pennitted to offer for sale in the License Area J;'illSuant to this License. Licensee shall not violate
applicable federal, state, and local laws prohibitmg the sale or display of products, which infringe on the
trademarks or copyrights of others.
4. m Licensee shall occupy and use the License Area under the trade name of Fair Housing
Board which shall not be changed without Licensor's prior written consent.
5. ~ Licensee shall pay Licensor, without notice, demand or seroff, at the property office or
such other location as Licensor may specify, by certifjed check or money order on or before the start
date ofthi. agreement, and On the first day of each month thereafter:
l!nit
(0 MinimwnFee(s): T-14
Start Date
3/19/2011
~
3/19/2011
Fee
$250.00
Total Fee
$250.00
In addition to the Total Minimum Fee set forth above, Licensee shall pay to Licensor, the following fees
in accordance with the schedule set forth below:
Description
Fee
Frequen<;y Start Date
EnlI..llllil:
Additional
Fee(s):
6. Damo1!:e DeDosit: Licensee deposits herewith the sum of $0.00. due uoon Licensee
execution unless otherwise noted {Waived} as a damage deposit which shall be applied towards fee!!
and other charges due under this Agreement and as a surety for the pelformance by Licensee of the
ter1lUl of this License under which Licensee may be in default or for any sum which Licensor may
expend by reason of Licensee's default in respect of any of the terms of this License including any
damages which may result to the License Area. Within thirty (30) days after the expiration of the term
oftIlis License there shall be an accounting with payment to Licensor 01' reimbursement to Licensee,
as the case may be, of the aforesaid sum. In the event this License is tenninated, the damage deposit
will be retumed to Licensee aftet. deducting any sums due Llcensa1'.
If Licensee shall fail to malle any payment to Licensor when due, Licensee shall pay Licensor a
late charge of $100.00 per day for so long as the failure continues. Licensee acknowledges and recognizes
that its fgjJure to continuously operate during the Hours of Operation set forth in Section 32 for the
duration of the term of this Agreement will cause a loss of goodwill to Licensor by the Shopping Center's
customers and other uncertain damages to Licensor which are not easily ascertainable and Licensee
hereby agrees to pay Licensor $100.00 per day as liquidated damages, and not as a penalty, for anyperiod
of noncompliance.
7 Sales: 1 ice..."" sllall deli et te I ie.."e. III lU)Q II m Ba the Maad,\yf~Ue"';Il~ eacll oaleRsar
weelctt-tM1Jtkmw t~e term At 1 i~e,"sor'~ m.l'liRe~a aUist m the SM.,~i~~ C..eRtP.f' A vT1tte1'l 3tate.me.Ht fr~ an
~=~::t~::h~::~t;i=~t~~~"ti:;~~: ..~~e:::::~~~:: k=:"fi
re',eaues with sales verifieatiSR sij:.....!" 1iesI'l.'lss ell. the last~. sf LieeltSee's eee,*"a~y af the lieelJ!j~
Area If I i~e. eet fie!f.'er sHch stntemeat aR time. LieeRsse shall p'\;o Lie"R"nr immediatah"lPAI\
~est $!l0 CQ Ii'l,wdated dama!;l's. iI. aaaitieR tB aRa "et iR lien of I ieeR."r', Rtl.~..ii-.
Th~~e#-meal\e tile seilill!: pAee Af .11 m.""II.Aa;.e ,alfi ar seli.eFed ie lit all. ar
i:: ::=:~ :~: t:::::: t~:~ :\:~=ef::I:l :1~h~;'.f~~:~::~c~~::-
eelleetlens iR the eaee ef the IRtter am .lIall e11.1,,<I. (1) Rlmm5 aRd refaRds in f-act made h~o LieeRsee 'li'eR
t",,,,,,,,{jan. inel",kfi withi" emS" ~"Ies. Rat exeeedie!; tlu! esUm!; flRe. sf R1eFCIIQRelise I'l!t1Imed hrt!."
pureh,,""r and aecE:Ptes br I ieellsee 17.) the "",,,'mt Elf "'1:' city e""R~ sta~Bemkslee. I Hllir;< <'>r
elrcise tilK SR sael1. sales ..,ohi.h is hAth .<ldee! tEl the senu,i: pFic~.ke4. ffilID1g amMritJ'lw Li.ensee
~t net 1" aAl e,,,lor af Lieel1lJee). A6ad~e-Q_d-te-!." made in the LiS"R'S '\.rea if a~."..Jer
thcrefAre ;~ ~.Eeure~ At feP-P''J"'-@.FJ iA the-lJeeIlB8 '\rea. '?l~thp.J' AT 'Rm g'lp.n Ord€F;~ filled iR the LieER~e ^F€9
ar e1,0.. here ar if plifS\tilat ta mail. tele~h. teleflheft~er similar means er<l.", ar.. reeei."fi Ar
filled at at (...m the I ieeR,e ^ ""a.
8. ~ Licensee shall prepare in accordance with generally accepted acCOWlting practice and
keep at its principal office address, accurate books of aCCOlult and records of Gross Sales and revenues. All
books and records shall be subject to examination and audit by Licensor. If there is a deficiency in the
amount payable to Licensor, Licensee shall imrnediatelypay Licensor the additional Percentage Fee
owed Licensor and the cost of the examination or audit.
9. Relocation: Licensor reserves the right to move, relocate, adjust or substitute the License Area,
in Licensor's sole discretion. Licensor shall make every reasonahle effort to do so in such a way as to be
least disruptive to Licensee's business operations.
10. Revocation: The License granted by virtue of this Agreement may be revolled by Licensor, in
Licensor's sole cliscretion for any reason, including, but not limited to the Specific GroWlds for
Revocation as setforth in Paragraph 14 hereof, upon notless tban twenty-four (24) hours notice to
Licensee. Licensee shall not be entitled to reimbursement or compensation for any purported damages
Or losses sustained as the result of any such revocation by Licensor.
11. Insurance: Licensee shall, at its full cost and expense, procure and continue in fon:e, during the
term of this Agreement, cornmen:ial general liability insurance including contractual liability and property
damage relating to the License Area covering any and all claims for injuries to persons or upon the License
Area. Such insurance shall be single limit coverage in an amount of not less than One Million
($1,000,000.00) Dollars. Licensee shall also cany Worllers Compensation Insurance in the statutory
amOWlt. Anyinsurance policies required hereWlder shall name Licensor, and any designees of Licensor,
as an additional insured, and Licensee shall furnish evidence of such insurance coverage prior to
occupancy of the License Area.
12. Indemnity. Starting on the date Liecnsee first lises or occupies the License Area, Licensee shall
indemnify and hold Licensor, its parents, subsidiaries and affiliates harmless from and against all claims,
actions, liens, demands, expenses, and judgments for loss, damage, or injury to property at persons
resulting or occurring by teason of the construction, use, or occupancy of the License Area by Licensee,
including all costs, expenses, and attomeyfees.
13. Liability of Licensor: Licensor shall not be responsible or liable for, and License-e hereby
expressly waives, all claims against Licensor for injury to persons or damage to Licensee's property on the
License Area, regardless of the cause. Licensee's property in the License Area or tlu! Shopping Center
shall be tlu!re at Licensee's sole risk Licensor, its agents, and employees shall not be liable for, and
Licensee waives, all claims for loss or damage to Licensee's business or damage to person or property
sustained by Licensee or any person claiming by, through or under Licensee resulting from any accident
or occurrence in, on, or about the License Area or any other part of the Shopping Center, including,
2
without limitation, claims for loss, theft, or clamal!;e resulting from (~ equipment or appurtenances
becoming out of repair; (i1) injury done or occasioru:a by wind or weather; (ill) any defect in or failure to
operate, for whatever reason, any sprinkler, heating, or air-conditioning equipment, electric wiring or the
installation thereof, gas, water, or steam pipes, stairs, porches, railings, or walks; (iv) brollEn glass; (v) the
backing up of any sewer pipe or downspout; (v~ the bursting, leaking, or running of any tank, tub,
washstand, water closet, waste pipe, drain, or other pipe; (vii) the escape of steam or water; (vii1) water,
snow, or ice being upon or coming through the roof, skylight, t~p door, stairs, doorways, windows, walks,
or any other place upon or near the Shopping Center; (ix) the falling of any fixture, plaster, tile, stucco, or
other material; (x) any act, omission, or negligence of other licensees or any other pen;ons or occupants of
the Shopping Center or of adjoining or contiguom buildings, of owners of adjacent or contiguous property,
or the public, or by operations in the construction of any private, public, or quasi-public worl" or (XI) any
other cause of any nature. 'To the maximum extent permitted by law, Licensee agrees to use and occupy
the License Area, and to use such other portions of the Shopping Center as Licensee is herein given the
right to use, at Licensee's own risk
14. Specific Grounds for Revocation: If, (a) Licensee fails to perform any of the tenns,
conditions, or covenants of this License; or (b) in the event there shall be filed by, or against, Licensee in
any court pursuant to any statute, either of the United States or any State, a petition @ in banlll'Uptcy, en)
alleging insolvency, (ill) reorganization, (iv) appointment of a receiver, (v) any arrangement of tbe
banll11lptcy acts, or a similar type of proceeding; or (c) Licensee fails to pay, when due, any payment
required hereunder; or (cI) Licensee abandons or vacates the License Area; or (e) in the event of any other
default by Licensee; then in any such event Licensee's rights hereunder shall cease and, Licensor may at
its option (1) have the right to immediately revoke and terminate this License, and upon demand Licensee
agrees to immediately surrender possession of the License Area to the Licensor; (2) make demand for
immediate payment of all current and future rent and any other monetary obligations due hereunder; (3) re-
enter the License Area and remove all persons and! or any property therefrom, hy any suitable action or
proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If
Licensor, at its sole discretion, determines it is necessary to engage attorneys to enforce Licensor's rights
hereunder, Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect
to any litigation arising out of this License Agreement, Licensee hereby expressly waives the right to a trial
by jury and the right to file noncompulsorycountersuit or crossclaim against Licensor.
15. Obligations Upon Revocation: Upon service of the notice required by above Paragraph 10,
Licensee shall: (a) remove all of Licensee's property, including, but not limited to inventol)'and trade
fixtures from Licensor's premises within the time period set forth in the notice; (b) upon demand of
Licensor, payallcurrent and future charges due under this Agreement; (c) reimburse Licensor for all
reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this
Agreement. Licensor's rights and remedies under this Agreement are cumulative and Licensor's failure to
assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same.
16. ~ TIlls License shall be revo.ked automatically if any portion of the License Area
is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against
Licensor as a result of damage due to fire or any other pe&
17. Liabilitv: There shall be no pen; anal liability of Licensor with respect to this License. If
a breach by Licensor occurs, Licensee shall look solely to the equity of Licensor 1D the Shopping Center
forthe satisfaction of Licensee's remedies.
18. Provisions: Licensor is or maybe a panyto certain documents, as amended from time to
time, with a mortgagee or beneficiary of Licensor, department stores, mall tenants, and others. This
License is subject and subordinate to all the provisions in those documents, as almnded from time to time.
19. Terms of Agreement: 1his License contains all the covenants, promises, agreements,
conditions, and Wlderstandings between Licensor and Licensee. 'There are no other, either oral or
written, between them other than those set forth in this License.
20. Obligation upon Expiration: Upon the Expiration Date of this Agreement, Licensee shall
immediately remove all of Licensee's property, including, but not limited to invemol)' and trade fixtures
from Licensor's premises and otherwise return the License Area to the same condition as it existed at the
Commencement Date hereof. If Licensee shall fail to do so, Licensor shall be entitled to additional fees
equivalent to one hundred twentY'five percent (125%) of the total Minimum Fee specified in Paragraph 5
hereof, assessed in daily increments as one-thirtieth (1/30) of the total monthly amount. Licensee shall
also reimburse Licensor for any court costs and reasonable attorney fees incuned as the result of
Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof.
21. Liabili~ of Licensor' The term 'Licensor" means only the owner or mortgagee in
possession for the time being of the building in which the License Area is located or the owner of a
leasehold interest in said building and! or the land thereunder so that in the event of sale of said building
and! or an assignment of this License hy Licensor, and! or a demise of said building and! or the land,
Licensor sball be and hereby is entirely &eed and relieved of all obligations of Licclll!or hereunder and it
shall be deemed without further agreement between the panies and such purchaser(s), assigru:e(s), or
lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all
obligations of Licensor hereunder.
3
It is specifically understood and agreed that there shall be no personal liability of Licensor (nor
Licensor's agent, if an~ in respect to any of the covenants, conditions, or provisions of this Aweement; in
the event of a breach or default by Licensor of any of its obligations hereunder, Licensee shall look solely
to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies.
In addition hereto, it is specifically unden;tood and agreed that Licensor's rights, privileges,
duties, and obligations may be administered by Licensor's designee, including, but not limited to,
Licensor's agent, and that such designee shall have the full authority of Licensor hereunder to perform all
of Licensor's functions hereunder including, but not limited to, the execution of this License and any
other related documentation. .
22. Non-Waiver Provision: The failure of Licensor to insist upon performance of any
of the terms, conditions, and covenants hereof shall not be deemed to be a waiver of any rights or remedies
that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms,
conditiol1.'l, and covenants herein contained.
23. Blndln!?, Agreement: This Agreement may not be modified in any manner other than by a
written agreement signed by Licensee and Licensor, or any successor, designee, or assignee of Licensor.
The terms, conditions and covenants set forth herein shall inure to the benefit of and be binding upon
Licensee and Licensor, or any successor, designee or assignee of Licensor.
24. Design Requirements' All costs and expenses (including permits or licenses)
attributable to the constlUCtion of the License Area by Licensee shall be borne by Licensee. Licensee
shall not commence construction of the License Area without first obtaining Licensor's approval of the
location and design, nor prior to the execution of this License. Design criteria for the construction of the
License Area are:
a. The kiosk/pushcart structure sball be limited to counter units with no overhead
obstructions that inlubit the visibility of tenants, licensees or other occupants in the
Shopping Center. G:lUnter units shalf not exceed 48" in height.
b. The kiosk! pushcart structure, if located in an open floor area, shall not be anchored into
the floor or other part of the Shopping Center structure. An area width of no less than
twelve feet (12'O'? rninirrmm shall be maintained on all sides of the kiosk/pushcart
subject to traffic flow.
c. Water service and special HV AC Systems are not available. Heating, venting, and Fire
Protection Systems shall be that which is provided to connnon areas in the Shopping
Center;
d Design criteria for all signs to be utilized at the License Area, kiosk! pushcart size,
construction, finish materials, and special equipment shall be evaluated specifically for
each individual licensee. Licensee shall submit plans for Licensor's review and
approval prior to construction and shall include pictures of any existing units of
Licensee's.
e. Licensee shall prepare its plans and perform all work to comply with all applicable
governing statutes, ordinances, regulations, codes, and insurance rating boards, and shall
apply for all necessary permits. Licensor's approval of Licensee's plans shan not
relieve Licensee of its obligation to complete the development in accordance with this
License, nor does it relieve Licensee from complying with laws, rules, regulations, and
requirements of local governing authorities. Certificates of occupancy and waivers of
lien from Licensee's contractor, all subcontractors and material men shall be ftled with
Licensor upon completion of work
f. Set up and tear down of kiosks! pushcans shall take place when the Shopping
Center is not open for business, unless Licensor has agreed otherwise in writing.
For in.line space, set up may tal<e place during mall hours, as long as it does not
interfere in any manner, including noise or dl13t, with maIl business and the comfort
of the patrons. A black drape or equivalent, provided by Licensee, must be
covering the entire storefront, as to keep the interior design concealed until ready
for bl13iness.
25. ~If there are any licenses, authorizations, or pennits required by any governmental agency
or authority for the type of activity to be carried on at or for the use of the License Area, Licensee shall be
responsible for obtaining such. No unlawful activities shall be permitted in the use of the License Area.
The consumption or sale of alcoholic beverages on or from the License Area shall not be pennitted.
26. Visual Met'chandlsil1g: Licensee shall comply with the visual merchandising standards of
Licensor. Licensee understands and agrees to implement visual merchandising recommendations of
Licensor and change visual merchandising presentation as requested by Licensor.
4
27. Operating Requirement,'Licensee shall observe all Operating Rules for the Shopping Center
and Licensee's occupancy therein which Licensor may promulgate from time to time, including but not
limited to:
a. Licensee shall use and occupy the License Area in a careful, safe and proper
manner and shall keep the License Area in a clean and safe condition in accordance
with this License,local ordinances, and the directions of public officers.
b. All signage located in and upon the License Area shall be approved by
Licensor prior to installation or placement. All signs, placards, banners, pennants,
or other advertising matter shall be prepared in a professional manner and in no
event shall be handwritten. Licensee shall display an approved sign depicting its
approved trade name.
Sign Criteria, Signs are to be furnished and installed by Licensee and
approved by an agent for Licensor. Licensee's sign contractor
or architect must submit a black and white rendering (specifying
PMS colors) of Licensee's sign prior to approval. Licensee's
sign shall be located within the limits of Licensee's storefront
and shall not project more than 8" beyond the storefront if the
Shopping Center is an enclosed mall, and not more than 12"
beyond the storefront if the Shopping Center is a strip center.
Sign Size:
Malls ,
Up to 30' storefront:
30'-1" and greater:
Capitals 18"
Lower Case 12"
Capitals 24"
Lower Case 18"
Strip Centers,
Up to 30' storefront'
30-1" and greater.
Capitals 24"
Lower Case 18"
Capitals 30"
Lower Case 24"
The length of Licensee's sign shall be limited to 70% of Licensee's
storefront.
Co
Licensee shall not display merchandise on or outside the boundaries of the
kiosk! pushcan structure. The outside areas immediately adjoining the Licewe Area
shall be kept clear at all times by Licensee, and Licensee shall not place nor permit
any obstructions, garbage, refuse, merchandise, or displays, or racks, in such areas.
d
All loading and lmloading of goods shall be done only at such times, in the
areas, and through the entrances designated for that purpose by Licensor.
All garbage and refuse shall be kept in the kind of container specified by
Licensor, and shall be placed and prepared for collection in the manner and at the
times and places specified by Licensor. If Licensor shall provide or designate a
service for picl<ing up refuse and garbage, Licensee shall use same at Licensee's
cost. Licensee shall pay the cost of removal of any of Licensee's refuse and
garbage, and maintain all common loading areas in a clean manner satisfactory to
the Licensor. Licensee shall use any trash compactor Licensor provides for the
general use of Licensee or licensees in a designated area of the Shopping Center.
Notwithstanding the foregoing provision, if Licensee qualifies as a generator of
medical waste, then Licensee shaJl be solely responsible for causing compliance
with all federal, state and 10callaWll, whether existin~ now or established in the
future, relating in any way to the storage, contamrnent, treatment, transfer,
transportation and disposal of medical waste (including the use of licensed medical
waste management companies), and shall hold Licensor hannless for Licensee's
noncompliance or violations thereof. For purposes hereof, "medical waste" means
any solid, semisolid or liquid waste, which is generated in the diagnosis, treatment
(e.g., provisions of medical services) or immunization of Iwman beings or animals,
in research pertaining thereto, or in the production or testing of biologicals.
"Generator" means any person or entity whose act or process produces medical
waste as hereinbefore defined.
e.
f.
No loudspealrers, televisions, phonographs, cd players, DVD players, cassette
players, radios, flashing lights, or other devices shall be used in a manner so as to be
heard or seen outside of the License Area. No electronic or communication devices
shall be used in the License Area or in connection therewith which interrupt or
interfere with the use and enjoyment of electronic or communication devices of
other occupants of the Shopping Center or of the neighborhood in which the
Shopping Center is located.
5
go
Licensee shall not conduct or permit any fire, banllruptcy, relocation,
liquidation, retirement, moving, auction, or "going out of business" sale (whether
real or fictitious) in the License Area, or utilize any unethical method of business
operation. Licensee shall not use the License Area as a clearance, outlet or
wholes ale center.
h.
Licensee shall not carty on any trade or occupation or operate any instrument
or equipment, which emits an odor or causes a noise discernible outside of the
License Area.
I.
Licensee shall not distribute any handbills or other advertising matter in the
Shopping Center or on automobiles parked in the parking areas of the Shopping
Center.
J.
Licensee and Licensee's emplo~es shall not park their cars in those portions
of the parlring area designated for customer parking by Licensor. If Licensee or
Licensee's emplo~es' park in portions of the parlcing area designated for customer
parlring, Licensor may, in addition to its other remedies, have such cars removed at
Licensee's expense.
k
Licensee and Licensee's emplo~es shall maintain a neat and appropriate
appearance and dress, and are expected to operate in a dignified, ethical, manner.
Licensee shall display its customer sales return policy.
m.
Licensee shall not permit loitering at the License Area.
Licensee shall furnish Licensor with emergency telephone nwnbers and a
forwarding address. .
n.
o.
Due to the lack of on. site storage facilities, acquisition of outside storage shall
be Licensee's responsibility.
Licensee shall be solely responsible for policing its location against theft, loss,
or damage to its kiosk! pushcart and/or merchandise. Under no circumstance shall
Licensor be held liable for such theft, loss, or damage.
28. Conduct: Licensee shall at all times during its occupmcy of the License Area
provide sufficient supervision and maintain adequate control of its emplo~es, guests, and invitee.s.
p.
29. Rcmoval: Licensee shall at the Expiration Date or earlier revocation of this
License remove its goods and effects, repair any damage caused by such removal, aild peaceably yield up
the License Area clean and in good order, repair, and condition. Personal property of Licensee not
removed within two (2) days of such Expirarion Date or earlier revocation shall become the property of
Licensor, at Licensor's option without liability to Licensee therefore.
30. Conduct and Alterations' Licensee shall not harm the License Area, commit waste,
create nuisance, make any use of the license Area which is offensive in Licensor's sole opinion, nor do
any act tending to injure the reputation of the Shopping Center. Licensee shall not malre alterations or
additions to the License Area, nor pennit the making of holes in the walls, partitions, ceilings, or floors, nor
permit the painting or placing of exterior signs, placards, or other advertising media, banners, pennants,
awnings, aerials, antennas, or the 1ilIC in or on the License Area, without the prior written consent of
Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws,
ordinances, orders, and regulations affecting the use or occupancy of the License Area. Licensee shall not
violate applicable federal and state laws prohibiting the sale or display of products, which infringe on the
trademarl<s or copyrights of others.
31. Condition of Lie en.. Area' Licensee has inspected the Licerne Area, and accepts it "as
is" with no representation or warranty by Licensor regarding the condition of the License Area or its
s\utabilityfor Licensee's use or occupation thereof. Licensor has no obligation to repair the License Area
unless the obligation is set forth in this License.
32. HoUl's of Operation: The License Area shall remain open for business at all times
designated by Licensor. Licensee shall operate in the entire License Area continuously and
uninterruptedlywhi\e this License is in effect, and in a first class manner.
33. Hazardous Material' Licensee shall not cause or permit any hazardous material to be
brought upon, stored, kept, used, or discharged on or about the License Area.
34. Access to License Area: Licensor mayenterthe License Area at anytime.
35. Condition of Licen.e Area: Licensee shall maintain, at its sole cost and expense, the
License Area in good condition and mal<e all necessary replacements and repairs to the License Area except
6
for Structural repairs. In addition to all other remedies of Licensor, if Licensee does not complete its
obligations to repair and maintain the License Area, or if Licensor, in the exercise of its sole discretion,
detennines that emergency repairs are necessary, or repairs or replacement of any portion of the License
Area or the Shopping Center are made necessary by any act, omission, or negligence of Licensee or its
agents, employees, wntractoIli, or assignees, then in any such event, Licensor may make such repairs,
maintenance, or replacements without liability to Licensee for any loss or damage that may accrue to
Licensee, its merchandise, fixtures, or other property, or to Licensee's business by reason of such repair,
maintenance, or replacement. Upon completion of any such repair, maintenance, or replacement Licensee
shall pay upon demand, as additional fees, Licensor's costs for making such repairs, maintenance, or
replacements together with Licensor's administrative costs related thereto which amount shall equal 1.5
times the total cost of the repair, maintenance, or replacement. Furthermore, Licensee shall immediately
notify Licensor of any defects or unsafe conditioll5 in the common areas immediately adjacent to the
License Area.
36. Confidentiali1y: . Licensee and its agents and employees shall keep and hold in strict
confidence all of the terms of this License Agreement including but not limited to: the amount and! or
manner of payment of fees and all items of additional charges including the formulations thereof; the use of
the License Area; the duration of the license; and all other terms and conditions herein.
37. Nonprohibited Transaction Representation: Licensee hereby represents and warrants
to Licensor that Licensee is not, and shall not become, a person or entity with whom Licensor is restricted
from doing business with under regulations of the Office of Foreign Asset GlOtrol ("OFAC') of the
Department of the Treasury (including, but not limited to, those named on OFACs Specially Designated
and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September
24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit,
1breaten to Commit, or Support Terrorisrn), or other governmental action and is not and shall not engage
in any dealings or transaction or be otherwise associated with such persons or entities.
IN WI1NESS WHEREOF, the parties have executed this Agreemern on the dayand year first above
written, each admowledging receipt of an executed copy hereof.
LICENSOR:
Valley View Mall SPE. LLC. by Qll&
~ Man.g~ment. Iru:.. maMging ~
By:
Print Name: Louise Dudley
Its. AuthOlized 5ignato~y
Date:
LICENSEE:
CIYof Roanoke
FIN 54-6001569
~
Prim Name' Karl Kleinllenz
illl
Date:
PERSONAL GUARANTOR:
5S#:
~
Print Name:_
Date:
7
c.~ ~~
-0*
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of March, 2011.
No~.390~5~030711~
A RESOLUTION authorizing the City Manager to execute Amendment No.6 to the
City's Contract with Keith Saunders Company for weed and trash abatement.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is
hereby authorized, for and on behalf of the City, to execute Amendment No.6 to the City's
Contract with Keith Saunders Company for weed and trash abatement, such Amendment No.6
to be approved as to form by the City Attorney, all as more fully set forth in the City Manager's
Report dated March 7,2011, to this Council.
ATTEST:
~~n,.~Q\l-vV
City Clerk.
R-Keith SaW1ders Company-Amend6.doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
March 7,2011
Amendment No.6 to Contract with Keith Saunders Company for
Weed and Trash Abatement
Background:
The City of Roanoke and Keith Saunders Company entered into a contract
(6RCNP2) to provide private parcel mowing and trash removal within the City of
Roanoke. The contract term was from July 1, 2006 through June 30, 2007 with
a provision for four (4) additional one year renewals. The Contract is now in its
fourth and final year renewal term- of-July 1, 2010 through June 30, 2011.
Modifications of the contract pertaining to compensation have been made in
the form of amendments, to increase the maximum yearly compensation limit
in order to meet the increasing demand for weed and trash abatement. Since
the inception of the contract, modifications have increased the contract amount
a total of $50,000 which is the limit for a fixed-price contract without approval
of the City Council.
One. of the Planning Building and Development's key businesses is the
enforcement of the weed and trash abatement program, mandated by City
Code, Chapter 33, Article II. The services provided by this program include
citing for violations declared as a public nuisance occurring on private property,
and if the nuisance is not removed, abating the nuisance through contracted
services and recovering the City's costs by billing the violator.
Considerations:
An additional amendment to the contract is needed in order to allow the City to
continue to use the contractor to abate weeds and trash for the remainder of
the final renewal year ending June 30, 2011.
The proposed amendment (#6) to the contract with Keith Saunders Company
for the continuation, of services referred to above would increase the annual
contract amount for this year by $31,000.00 for a total of $79,780.00. This
contract has already reached the modification limit of the greater of $50,000.00
or 25% of the original contract amount during previous year renewals as
illustrated in the attached table. Therefore, in accordance with the City Charter,
City -Council approval is needed to make this final amendmerlt;necessary for the
contractor to continue weed and trash abatement for the remainder of their
contract expiring June 30, 2011. Funding for this amendment is available in
account 01-610-8113-2134.
Recommended Action:
Authorize the City Manager to execute Amendment No. 6 to the above
described contract between the City and Keith Saunders Company, such
amendment to be approved as to form by the City Attorney.
C ISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Thomas N. Carr, Director of Planning Building & Development
Amelia C. Merchant, Director of Management and Budget
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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
March 7, 2011
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: january Financial Report - City of Roanoke
December Financial Report - Roanoke City Public Schools
The following financial report provides commentary on the City's financial results for
the first seven months of this fiscal year.
General Fund revenues through january of FY11 are 1.4% or $1,515,000 above last
year as presented in the accompanying financial statement. Real Estate Tax
collections have increased 0.7% over last year as a result of an increase in commercial
reassessments and new construction. Sales tax increased 1.2% in FY11. This
important revenue continues to show improvement as economic recovery gradually
takes place. Other local taxes, such as Utility Consumer, Transient Occupancy, Motor
Vehicle License and Telecommunications taxes have. increased. The most notable.
impact to the Other Local Tax category is the increase in the Prepared Food and
Beverage Tax due to the tax rate increase from 5% to 7%.
The current expenditure budget for FY11 represents a 1.7% decrease from the
january FY10 budget due primarily to budget reduction measures in programs and
services. As of january, actual expenditures are down 5.1 % compared to the first
seven months of FY1 0, largely driven by decreased costs in Public Works, Health and
Welfare, and Transfers to the Debt Service Fund. Education, the largest expenditure
category, grew 7.1% based on an increase in City support to schools in order to offset
State funding reductions. Variances are discussed in greater detail in the expenditure
section of this narrative.
Honorable Mayor and Members of Council
March 7, 2011
Page 2
Revenues:
The current revenue budget for FY11 represents a 1.4% decline compared to the prior
year budget. The largest decrease is the Intergovernmental category. While some
trends in our revenues are emerging, it is important to consider that the due dates for
.some of our major taxes are later in the year. They include business license tax due
in March, the second installment of real estate tax due in April, and personal property
tax due in May.
Commentaries on significant variances are shown below.
General Property Taxes increased 0.3% or $141,000 compared to FY1 0 due to growth
in real estate assessments, most notably due to new construction. The first of two
,installments of the real estate tax was due October 5 and it exceeded budget
expectations with a collections rate of 51.7% of the FY11 budget. Partially offsetting
this increase is a decline in personal property tax revenue due to lower monthly
billings. However, the due date for the majority of FY11 personal property taxes is
May 3 1 .
Other Local Taxes increased 10.6% or $2,753,000 compared to FY10. 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 2.0% or $552,000.
Several of our local taxes are trending higher than the prior year. Utility Consumer
and Transient Occupancy taxes have increased by 8.4% and 6.1 %, respectively. The
increase in Utility Consumer tax is driven by an increase in water and electric
consumption when compared to FY10 where consumption was down. Transient
Occupancy tax has shown improvement since March. Business in the lodging
industry, which is a function of occupancy and room rates, has improved some as the
economy stabilizes, and collections of delinquent amounts have boosted current year
revenues. Some of our other local taxes have declined in FY11 as a result of
continued economic challenges. Cigarette and recordation taxes have declined
compared to last fiscal year by 9.2% and 10.3%, respectively. The cigarette tax
continues to decline from citizens traveling to neighboring localities to purchase
cigarettes where no cigarette tax is charged. Recordation taxes are following trends
in the real estate market where sales continue to be depressed.
Permits, Fees, and Licenses increased 24.6% or $112,000 compared to FY10,
however, a refund of $15,000 was paid in the prior fiscal year which affects
comparability. Adjusted for the impact of this refund, the category increased 20.6% or
$97,000. New construction has increased, resulting in growth in permit revenues.
Large permits obtained thus far in FY11 include construction for the City Market
Building, Brandon Oaks Apartments, and others.
Honorable Mayor and Members of Council
March 7, 2011
Page 3
Revenue from the Use of Money and Property fell 43.3% or $175,000 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.
Intergovernmental revenues decreased 4.4% or $1,277,000 compared to FY10 due
primarily to decreases in the Social Services category. A timing difference in the
receipt of second quarter Comprehensive Services Act revenues accounts for the
majority of this decrease. Additionally, there is a decline in funding from the
Compensation Board for Constitutional Officers.
Expenditures:
The current 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 january totaled $145.5 million
and represent a decrease of 5.1 % or approximately $7.9 million compared to FY10.
The current fiscal year budget is 1.7% or $4.3 million lower than the FY10 budget as
of january. All categories of the FY11 General Fund budget are lower than in FY10
with the exception of the Transfer to School Fund category. Based on this,
expenditure variances as discussed in the following sections will focus on
performance that varies from the budgeted expectation.
General Government expenditures are budgeted to decrease 1.5% from the FY10
adopted budget. Expenditures increased 3.9% or $280,000 compared to FY10
primarily due to a change in the allocation of technology maintenance contract costs
in FY11. 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 9.1 % from the FY10 budget.
Actual expenditures for FY11 decreased 12.3% or $1.9 million compared to FY10.
The expenditure variance is due primarily to a decrease in street paving which was
projected in the 2011 budget. In addition, this category was 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 and Solid Waste
Management tipping fees.
Health and Welfare expenditures are budgeted to decrease 1.3% from FY10 budget
but decreased 15.2% or $3.7 million through january compared to FY10. A timing
difference of the health services contract with the Virginia Department of Health
partially accounts for this variance, Additionally, expenditures decreased in the
Comprehensive Services Act category through january due to timing and a reduction
in the volume of services provided.
Honorable Mayor and Members of Council
: March 7, 2011
Page 4
Transfers to Debt Service Fund declined 13.8% or $2.0 million from the prior year as
of January. The Series 1999A and 1999B bonds were paid off in FY10. In addition,
the issuance of Series 2010A and 2010C Refunding Bonds decreased the required
funding of debt service for the City and Schools.
Civic Facilities Fund
For FY11 year-to-date, the Civic Center has held 137 events with 131,136 attendees.
This is 23.0% or 41 less events, but 10.3% or 12,200 more attendees than for the
same time period of FY10. Event highlights for January included a Roanoke
Symphony performance, Monster Jam, the 2nd annual Home and Garden Show, and
five Virginia Tech ice hockey games. The Operating Loss for the month was
$129,500, bringing the year-to-date Operating Loss to $1,257,000. This is a
worsening of $111,400 or 9.7% when compared to the same seven month period in
FY10. This is largely due to Global Spectrum promoting or co-promoting some high
quality events, such as Liza Minelli, which did not perform as well as expected. In
addition, FY10 included results from the blockbuster show "Walking with Dinosaurs"
which has not been matched in FY11. Global Spectrum's monthly reporting forecast
of operations projects improving results over the next five months. However, they
are projecting to be $154,000 worse than their adopted budget at year end.
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. 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.
The FY11 year-to-date operating revenues are up $19,000 compared to FY10. A
revitalized Market Garage and a rebounding Church Avenue Garage continue to
account for most of the revenue increase. Tower Garage continues behind FY10,
displaying the poorest performance of all locations, relative to the previous fiscal
year. Gainsboro Garage and Higher Education Center Lot also remain significantly
behind last year in revenues. The decline at these two locations is due to the
elimination of paid parking for employees by the Higher Education Center and
increased street parking by students. In all, six facilities are ahead of FY1 0 revenues,
six are behind FY1 0, and one is even. On the expense side, spending levels are under
those ofFY1 0 in maintenance, utilities and other costs. FY11 Operating Income
shows an improvement of about $77,000 or 22.5% over FY1 O. This is a function of a
combination of 1.2% improvement in revenues coupled with a 4.7% or $58,000
decline in expenses. The increase in Interest Expense reflects the additional debt
burden incurred to renovate Market Garage, approximately $25,000 per month.
Honorable Mayor\and Members of Council
March 7, 2011
Page 5
City of Roanoke Pension Plan
The Pension Trust Fund experienced an investment return of 20.4% during this
period, led by strong performance in the domestic and international equity
allocations, as well as the convertible bond allocation. Investment performance for
this period was well ahead of the Policy Portfolio return benchmark of 18.3%. For the
seven month period ending January 31, 2011, Plan Net Assets increased $43.6
million. The net increase is a result of $5.8 million in employer contributions' and
$54.7 million in net investment gains offset by $16.9 million in benefit payments and
Plan administrative expenses. Benefits Paid to Participants increased 2.8% due to
higher retirement allowances having been earned by more recent retirees, while
Administrative expenses declined slightly.
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 December. The School Fund amounts as
presented in this report correspond with amounts reported to the School Board on
February 8, 2011.
Revenues:
School Fund revenues declined by 0.6% or $414,000 compared to FY1 O. The primary
factor in the revenue decline was State budget reductions.
State - Excluding Sales Tax declined 17.3% or $4.5 million in accordance with FY11
budget projections of State school funding reductions and state reductions in basic
aid.
Other Revenue increased 46.9% or 586,000 compared to FY10 due to a recovery of
medical claims paid from the School's stop loss carrier.
Transfer from the City of Roanoke increased 7.1 % or $2.2 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 for FY11 and FY12.
Expenditures:
School Fund expenditures increased 1.5% or $825,000 compared to FY10. In FY11,
more expenditures were undertaken earlier in the fiscal year such as maintenance
activities that were performed during summer months in preparation for school
opening in the fall.
Honorable Mayor and Members of Council
March 7, 2011
Page 6
Transportation expenditures increased 5.496 or $192,000 due to contractually
imposed rate increases of 3% and increased costs for field trips and athletic contests.
Though school revenues reflect a slight decline from the prior year and expenditures
reflect a slight increase, School Administration will manage the budget throughout
the remainder of the year to ensure a balanced position.
In closing, the national and state economy continues to show improvement at a slow
rate. Local tax revenues are stabilizing with some showing improvements and giving
hope for some growth in the future. The unemployment rate remains a primary
challenge to growth but economists are projecting employment gains in the coming
months. The housing market economic trends do not show signs of a turn around at
this time, however, state data for recordation taxes indicate the housing industry is
beginning to stabilize. The real estate area remains a c'oncern for the foreseeable
future as economists expect real estate to continue to lag other indicators. However,
the City budget planning and proactive steps to control expenditures through the first
seven months of FY11 places the City in good overall financial condition. Please
contact me with any questions you have on the City financial statements.
Sincerely,
tr:J6~
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. Connolly, General Manager, Global Spectrum
Robyn L. Schon, Assistant 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
GENERAL FUND
FOR THE SEVEN MONTHS ENDED JANUARY 31, 2011
STATEMENT OF REVENUE
(UNAUDITED)
Current Revenue
Revenue Budget
Revenue Source Budget Variance
General Property Taxes $ 101,962,000 $ (59,628,887)
Other Local Taxes 71,628,000 (43,024,483)
Permits, Fees and Licenses 1,038,000 (470,346)
Fines and Forfeitures 1,606,000 (687,689) .
Revenue from Use of Money and Property 173,000 56,435
Intergovemmental 66,405,000 (38,435,731 )
Charges for Services 7,477,000 (3,338,937)
Internal Services 2,547,000 (1,203,219)
Transfers From Other Funds 10,565
Miscellaneous Revenue 537,268 ( 114,671)
Total $ 253,383,833 $ (146,847,528)
Actual
July 1 . January 31
2010.2011
$ 42,333,113
28,603,517
567,654
918,311
229,435
27,969,269
4,138,063
1,343,781
10,565
422 597
$ 106,536,305
Actual
July 1 . January 31
2009.2010
$ 42,191,931
25,850,988
455,742
835,409
404,606
29,245,853
4,294,395
1,396,433
20,000
326,271
$ 105,021,628
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Current
Expenditure Unencumbered
Expenditures Budget Balance
General Government $ 12,710,185 $ 5,238,101
Judicial Administration 7,564,339 3,535,712
Public Safety 57,034,992 22,556,181
Public Works 23,325,473 9,641,181
Health and Welfare 38,917,045 18,429,140
Parks, Recreation and Cultural 9,164,472 3,457,002
Community Development 6,102,872 2,743,956
Transfer to Debt Service Fund 20,543,833 8,083,758
Transfer to School Fund 68,365,461 28,485,609
Nondepartmental 10,503,914 6,553,224
Total $ 254,232,586 $ 108,723,864
Actual
July 1 - January 31
2010 - 2011
$ 7,472,084
4,028,627
34,478,811
, 13,684,292
20,487,905
5,707,470
3,358,916
12,460,075
39,879,852
3 950 690
$ 145,508,722
1
Actual
July 1 - January 31
2009 - 2010
$ 7,192,476
4,281,933
36,780,264
15,611,422
24,158,909
6,108,206
3,578,293
14,448,535
37,244,352
3,977,686
$ 153,382,076
Percent of
Budget
Received
41.5%
39.9%
54.7%
57.2%
132.6%
42.1%
55.3%
52.8%
100.0%
78.7%
42.0"10
Percent of
Budget
Obligated
58.8%
53.3%
60.5%
58.7%
52.6%
62.3%
55.0%
60.7%
58.3%
37.6%
57.2"10
FY11 vs FY10
Variance
0.3 %
10.6 %
24.6 %
9.9 %
-43.3 %
-4.4 %
-3.6 %
-3.8 %
-47.2 %
29.5 %
1.4 "10
FY11 vs FY10
Variance
3.9 %
-5.9 %
-6.3 %
-12.3 %
-15.2 %
-6.6 %
-6.1 %
-13.8 %
7.1 %
-0.7 %
-5.1 %
2
~
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED JANUARY 31, 2011
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA
FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JANUARY 31, 2011.
BALANCE AT
DEC 31, 2010
CONSOLIDATED FUNDS $57,391,443.63
RECEIPTS
$16,634,271.06
BALANCE AT
DISBURSEMENTS JAN 31, 2011
$26,672,922.39 $47,352,792.30
BALANCE AT
JAN 31, 2010
$46,806,044.48
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 JANUARY 31,2011. THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN WACHOVIABANK
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
$13,007.74
692,742.06
100.00
2,708.85
2,054,000.00
16,545,380.31
7,255,012.32
8,035,991.17
3,000,000.00
206,624.67
9,547,225.18
$47,352,792.30
FEBRUARY 15, 2011
4
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE-SEVEN MONTHS ENDED JANUARY 31, 2011
(UNAUDITED)
FY 2011 FY 2010
Additions:
Employer Contributions $ 5,831,701 $ 6,351,204
Investment Income
Net Appreciation in Fair Value of Investments 50,667,987 32,141,766
Interest and Dividend Income 4,345,243 3,284,478
Total Investment Gain 55,013,230 35,426,244
Less Investment Expense 330,016 255,847
Net Investment Gain 54,683,214 35,170,397
Total Additions $ 60,514,915 $ 41,521,601
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase
$ 16,637,151
304,730
16,941,881
43,573,034
$ 16,180,298
307,355
16,487,653
25,033,948
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance January 31
280,476,609
$ 324,049,643
266,428,241
$ 291,462,189
5
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
JANUARY 31, 2011
(UNAUDITED)
FY 2011 FY 2010
Assets
Cash $ 423;977 $ 582,168
Investments, at Fair Value 325,995,552 29~,513,561
Accounts Receivable 15,688
Due from Other Funds 477 477
Total Assets $ 326,435,694 $ 294,096,206
Liabilities and Net Assets
liabilities:
Due to Other Funds
Accounts Payable
$ 2,385,489
562
$ 2,633,482
535
T otalliabilities
2,386,051
2,634,017
Net Assets Held in Trust For Pension Benefits
$ 324,049,643
$ 291,462,189
6
Revenue Source
State, Excluding Sales Tax
State Sales Tax
State Stabilization Funds
Federal Revenue
Other Revenue
Transfer from the City of Roanoke
Total
EXDenditures
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 SIX MONTHS ENDED DECEMBER 31,2010
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 - December 31
2010 - 2011
$ 21,593,547
5,443,411
1,219,848
36,811
1,835.377
34,182,731
$ 64,311,725
Actual
July 1 - December 31
2009 - 2010
$ 26,126.154
5,389,275
36,800
1,249,690
31,923.731
$ 64,725,650
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 - December 31
2010 - 2011
$ 36,932,688
4.151,501
3,733,327
6,065,434
6,296,470
-
$ 57,179,420
Note: The Food Services and Athletics Funds are not included in this financial statement
7
Actual
July 1 - December 31
2009 - 2010
$ 36,566,782
4.068,083
3.541,486
6,093,910
6,083,761
$ 56,354,022
Percent of
Budget
Received
41.1%
50.3%
48.8%
36.8%
64.0%
50.0%
46.9%
Percent of
Budget
Obligated
39,4%
38,4%
45.6%
43.1%
66.8%
0.0%
41.7%
FY11 vs FY10
Variance
-17.3 %
1.0 %
0.0 %
0.0 %
46.9 %
7.1 %
-0.6 %
FY11 vs FY10
Variance
1.0 %
2.1 %
5,4 %
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3.5 %
0.0 %
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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, MMC E-mail: c1erk@roanokeva.gov
City Clerk
March 8, 2011
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
The Honorable David B. Trinkle
Vice-Mayor
Roanoke, Virginia
Dear Vice-Mayor Trinkle:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 7, 2011, you were reappointed as the City Council representative to the Hotel
Roanoke Conference Center Commission for a term of four years ending April 8, 2015.
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
reappoi nted.
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 appointee is required "to read and
become familiar with provisions of the Act."
~ ~.:;!)bo-J
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosures
The Honorable David B. Trinkle
March 8, 2011
Page 2
pc: Deborah J. Moses, Director, Hotel Roanoke Conference Center
Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center
Commission, Chief Operating Officer and Treasurer, Virginia Tech Foundation,
Virginia Tech, 902 Prices For Road, Suite 4000, Blacksburg 24061
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 seventh day of March 2011, the Honorable DAVID B. TRINKLE was
reappointed as the City Council representative to the Hotel Roanoke Conference Center
Commission for a term of four years ending April 8, 2015.
Given under my hand and the Seal of the City of Roanoke this eighth day of March
2011.
~'rrl'lnt>~
City Clerk l
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, MMC E-mail: c1erk@roanokeva.gov
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
March 8, 2011
CECELIA T. WEBB
Assistant Deputy City Clerk
Christopher M. Walters
2302 Stanley Avenue, Unit A
Roanoke, Virginia 24014
Dear Mr. Walters:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, March 7, 2011, you were reappointed as a member of the Parks and
,Recreation Advisory Board, for a term of three years ending March 31, 2014.
Enclosed you will find a Certificate of your reappointment 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 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."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Parks and Recreation Advisory Board.
~IY,~
~~m.YY\~
Stephanie M. Moon, M~C
City Clerk
SMM:ctw
Enclosures
pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board
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 seventh day of March, 2011,
CHRISTOPHER M. WALTERS was reappointed as a member of the Parks and
Recreation Advisory Board, for a term ending March 31, 2014.
Given under my hand and the Seal of the City of Roanoke this eighth day of
March, 2011.
~~rn. YYllJOvv
City Clerk C
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, MMC E-mail: c1erk@roanokeva.gov
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
March 8, 2011
CECELIA T. WEBB
Assistant Deputy City Clerk
Christopher Pohlad- Thomas
435 Arbutus Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Pohlad- Thomas:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 7, 2011, you were reappointed as a member of the Parks and Recreation Advisory
Board, for a term of three years ending March 31,2014.
Enclosed YOU will find a Certificate of YOur reappointment 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 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."
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service as a member of the Parks and Recreation
Advisory Board.
Sincerely,
~~'6O\oDJ
Stephanie M. Moon, MMC l
City Clerk
SMM:ctw
Enclosures
pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board
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 seventh day of March, 2011, CHRISTOPHER POHLAD-THOMAS was
reappointed asa member of the Parks and Recreation Advisory Board, for a term ending
March 31,2014.
Given under my hand and the Seal of the City of Roanoke this eighth day of March,
2011.
^'m~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W" Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, MMC E-mail: c1erk@roanokeva.gov
City Clerk
March 8, 2011
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Thomas Pettigrew
1301 Greenlane Road
Roanoke, Virginia 24017
Dear Mr. Pettigrew:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 7,2011, you were reappointed as a member of the Parks and Recreation Advisory
Board, for a term of three years ending March 31,2014.
Enclosed YOU will find a Certificate of your reaDDointment 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 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 lito read and
become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service as a member of the Parks and Recreation
Advisory Board.
Sincerely,
~'fr\ .rnl)1}"j
Stephanie M. Moon, MM~
City Clerk
SMM:ctw
Enclosures
pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board
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 seventh day of March, 2011, THOMAS PETTIGREW was reappointed as
a member of the Parks and Recreation Advisory Board, for a term ending March 31,2014.
Given under my hand and the Seal of the City of Roanoke this eighth day of March,
2011.
~1IM.u \rY) .l'Y\Q~
City Clerk C
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, MMC E-mail: c1erk@roanokeva.gov
City Clerk
March 8, 2011
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Adam Boitnott
2769 Bobwhite Drive, S. W.
Roanoke, Virginia 24018
Dear Mr. Boitnott:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 7, 2011, you were reappointed as a member of the Parks and Recreation Advisory
Board, for a term of three years ending March 31,2014.
Enclosed YOU will find a Certificate of your reappointment 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 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."
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service as a member of the Parks and Recreation
Advisory Board.
a~,YY)~
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosures
pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board
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 seventh day of March, 2011, ADAM BOITNOTT was reappointed as a
member of the Parks and Recreation Advisory Board, for a term ending March 31,2014.
Given under my hand and the Seal of the City of Roanoke this eighth day of March,
2011.
~ m. Yn~
City Clerk .. 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) 853-1l45
STEPHANIE M. MOON, MMC E-mail: c1erk@roanokeva.gov
City Clerk
March 8, 2011
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Gordie Zielger
3420 Canter Circle
Roanoke, Virginia 24018
Dear Mr. Ziegler:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 7,2011, you were reappointed as a member of the Parks and Recreation Advisory
Board, for a term of three years ending March 31,2014.
Enclosed YOU will find a Certificate of your reappointment 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 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."
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service as a member of the Parks and Recreation
Advisory Board.
Sincerely.,
~rn'~OllN
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosures
pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board
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 seventh day of March, 2011, GORDIE ZIEGLER was reappointed as a
. .
member of the Parks and Recreation Advisory Board, for a term ending March 31, 2014.
Given under my hand and the Seal of the City of Roanoke this eighth day of March,
2011.
~ m. Yl)O\!v\.,
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, MMC E-mail: c1erk@roanokeva.gov
City Clerk
March 8, 2011
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Cynthia Lawrence
2509 Nottingham Road, S. W.
Roanoke, Virginia 24014
Dear Ms. Lawrence:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 7, 2011, you were reappointed as a member of the Roanoke Regional Airport
Commission, for a term of four years ending March 9, 2015.
Enclosed YOU will find. a Certificate of your reappointment 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 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."
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 Roanoke Regional Airport
Commission.
~rehY' . _ r
A~Y--n. 'h\i)~
Stephanie M. Moon, MMC I
City Clerk
SMM:ctw
Enclosures
pc: Cathy Pendleton, Secretary, Roanoke Regional Airport Commission, 5202 Aviation
Drive, Roanoke, Virginia 24012
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 seventh day of March, 2011, CYNTHIA LAWRENCE was reappointed as
a member of the Roanoke Regional Airport, for a term ending March 9, 2015.
Given under my hand and the Seal of the City of Roanoke this eighth day of March,
2011.
~m."1o~
City Clerk