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HomeMy WebLinkAboutCouncil Actions 07-02-12�t� 7 v� 39427-070212 � ROANOKE CITY COUNCIL ORGANIZATIONAL MEETING JULY 2, 2012 9:00 A.M. CITY COUNCIL CHAMBER ROOM 450 AGENDA 1. Call to Order. 2. Roll Call. Council Members Bestpitch and Trinkle were absent. 3. Statement of Purpose. Mayor David A. Bowers. For newly - elected Council to take their seats and to adopt a meeting schedule for FY2012 -2013. 4. A report from the City Clerk advising of the qualification of the Honorable David A. Bowers as Mayor, and the Honorable Court G. Rosen, Anita J. Price and Sherman P. Lea as Members of the Roanoke City Council for terms of four years, each, commencing July 1, 2012, and ending June 30, 2016. Received and filed. 5. A Resolution recognizing the services of the Honorable David B. Trinkle as the Vice -Mayor of the City of Roanoke. Adopted Resolution No. 39427-070212. (5 -0) 6. A Resolution recognizing the Honorable Court G. Rosen as a member of the City Council and Vice -Mayor of the City of Roanoke. Adopted Resolution No. 39428. 070212. (4-0, Vice -Mayor Rosen abstained from voting.) 7. A Resolution establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2012, and terminating June 30, 2013. Adopted Resolution No. 39429-070212. (5 -0) 8. Adjournment -9:12 a.m. ao LEA �t ROANOKE CITY COUNCIL INFORMAL SESSION JULY 2, 2012 IMMEDIATELY FOLLOWING ORGANIZATIONAL MEETING CITY COUNCIL CHAMBER ROOM 450 AGENDA Call to Order -- Roll Call Council Members Bestpitch and Trinkle were absent. Welcome. Mayor David A. Bowers. Mayor Bowers introduced Alex Bailin, a student at the School of Law in Grundy, Virginia, who was shadowing him for a day. He announced that there would be an open house in the Mayor's Office this evening from 4:00 p.m. - 6:00 p.m. The public was invited. NOTICE Today's briefings will be televised live; however, due to the weekend storm, cable service for some Cox customers has been interrupted and some citizens may not be able to watch the broadcast. The briefings be replayed on RVTV Channel 3 on Thursday, July 5 immediately following the 2:00 p.m. session at 7:00 p.m.; and Saturday, July 7 at 4:00 p.m. Council Meetings are offered with closed captioning for the hearing impaired. ITEMS FOR ACTION 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. A list of current vacancies is included with the agenda for this meeting. (5 -0) A communication from Council Member Anita J. Price, Chairman, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the vacant City Attorney position, pursuant to Section 2.2- 3711 (A)(1), Code of Virginia (1950), as amended. (5 -0) A communication from Council Member Anita J. Price, Chairman, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the annual performance of a Council- Appointed Officer, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. (5.0) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property, consisting of portions of property located at Countryside, where discussion in a open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. (5 -0) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD TO BE HELD ON AUGUST 6, 2012, at 9:00 AM., IN THE PATRICK HENRY HIGH SCHOOL MEDIA CENTER, 2102 GRANDIN ROAD, S. W. All agenda items were to be forwarded to the City Clerk by July 31, 2012. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION /CLARIFICATION AND ADDITIONS /DELETIONS TO THE 2:00 P.M. AGENDA. (5 MINUTES) TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. (5 MINUTES) Sherman Stovall, Assistant City Manager for Operations, provided an update on the status of the power outages throughout the City. BRIEFINGS: • DRI Market Area Update - 20 minutes • Synthetic Drug Briefing - 15 minutes • Ensuring a Financially Sustainable - 60 minutes Retirement Plan At 1:17 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., for Closed Meetings to be in the Council's Conference Room. ROANOKE CITY COUNCIL REGULAR SESSION JULY 2, 2012 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order- -Roll Call. Council Members Bestpitch and Trinkle were absent. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE TODAY'S BRIEFINGS WILL BE TELEVISED LIVE; HOWEVER, DUE TO THE WEEKEND STORM, CABLE SERVICE FOR SOME COX CUSTOMERS HAS BEEN INTERRUPTED AND SOME CITIZENS MAY NOT BE ABLE TO WATCH THE BROADCAST. THE BRIEFINGS BE REPLAYED ON RVTV CHANNEL 3 ON THURSDAY, JULY 5 AT 7:00 P.M.; AND SATURDAY, JULY 7 AT 4:00 P.M. COUNCIL MEETINGS ARE OFFERED WITH CLOSED CAPTIONING FOR THE HEARING IMPAIRED. ANNOUNCEMENTS THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE 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: MILL MOUNTAIN ADVISORY BOARD - THREE VACANCIES PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION - ONE VACANCY ROANOKE NEIGHBORHOOD ADVOCATES - TWO VACANCIES ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION - ONE VACANCY (CITIZEN AT LARGE REPRESENTATIVE) ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY - THREE VACANCIES TOWING ADVISORY BOARD - ONE VACANCY (CITIZEN AT LARGE REPRESENTATIVE) The City Manager submitted a written communication declaring a local state of emergency to exist within the City of Roanoke, and recommended adoption of a resolution confirming the declaration of a local emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. Adopted Resolution No. 39430 - 070212. (5 -0) 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentations to the Fire /EMS Department. Tobey Anne Allen, Virginia Department of Health. Recognized Ms. Allen for award presentations. Awards were presented to Tiffany Bradbury, Fire Prevention Specialist; and Jill Lucas, Carillon Clinic. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Robert Gravely appeared once again before the Council regarding his termination as a City employee. 4. CONSENT AGENDA (APPROVED 5 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. The Mayor recognized a request from the City Manager for a public hearing to be scheduled before the Council. C -1 A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 16, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the conveyance of City -owned property in the Coyner Springs area of Botetourt County to Ned B. Jeter, II, and Darrell B. Jeter. RECOMMENDED ACTION: Concurred in the request. C -2 A communication from Melvin E. Williams, Secretary, Roanoke City Electoral Board, transmitting an Abstract of Votes cast in the Republican Party Primary Election held in the City of Roanoke on Tuesday, June 12, 2012. RECOMMENDED ACTION: Received and filed. C -3 Report of qualification of Marlene Preston as a member of the Roanoke Public Library Board for a three -year term of office ending June 30, 2015. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: Presentation of the Jefferson Center Foundation regarding accomplishments for the year ending June 30, 2012 and plans for the new season. David I. Tenzer, Chairman, Board of Directors; and Cyrus Pace, Executive Director, Spokespersons. (Sponsored by Council Members Trinkle and Bestpitch) No action taken. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: . Elmwood Park Update - 30 minutes Presentation received and filed. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds from the Virginia Department of Conservation and Recreation to assist in the development of a trailhead /parking facility for the Roanoke River Greenway trail at Bridge Street. Adopted Resolution No. 39431 - 070212 and Budget Ordinance No. 39432-070212. (5 -0) 2. Acceptance of art for the City's public art collection from the Dorothy Muriel Gillespie Foundation. Adopted Resolution No. 39433 - 070212. (5 -0) 3. Approval of an additional project to the Public Art Action Plan for Fiscal Year 2012; and transfer of funds in connection therewith. Adopted Resolution No. 39434 - 070212 and Budget Ordinance No. 39435-070212. (5 -0) 4. Execution of an Agreement with the County of Roanoke for continuation of therapeutic recreation services. Adopted Resolution No. 39436-070212. (5 -0) COMMENTS BY CITY MANAGER. Mill Mountain Star • The color of the Mill Mountain Star will be changed to red, white and blue on Tuesday evening for the July 4 holiday. It will return to white on Thursday. All America City Award • A delegation of representatives from the City of Roanoke traveled to Denver, Colo., last week to represent our city at the National Civic League's All America City Conference. • Roanoke was one of 32 finalists selected from more than 100 entries across the country selected. • This afternoon, we have learned that Roanoke has been selected as a winner. It was an honor to be selected as an All- America City Award winner for Roanoke's 'Star City Reads' campaign 9 • Special thanks go to our partners — Roanoke City Public Schools, United Way of Roanoke Valley, Smart Beginnings of Greater Roanoke, Total Action against Poverty, Roanoke Public Libraries, Blue Ridge Literacy, and Dr. Craig Ramey and Dr. Sharon Ramey from the Virginia Tech Carilion Research Institute —for their contribution to the development of this campaign. Fallon Park Pool • Restoration is now complete at Fallon Park Pool, and it will open for the season on Friday, July 13. • The pool will be open on Fridays and Saturdays from noon to 7 p.m., and Sundays from noon to 6 p.m. • Washington Park Pool will resume normal summer hours on Monday, July 16, and will be open on Mondays, Tuesdays, and Thursdays from noon until 6 p.m. Recognition • The City of Roanoke will be featured in the September /October 2012 issue of Where to Retire magazine. The article will promote Roanoke as one of the top places to retire. The State of the City Address, will be held on July 19, Fitzpatrick Hall at Jefferson Center, 7:30 a.m. breakfast, 8 -9 a.m. speech. b. CITY ATTORNEY: Readoption and reenactment of the Code of the City of Roanoke (1979), as amended. Adopted Ordinance No. 39437-070212. (5 -0) C. DIRECTOR OF FINANCE: Financial Report for the month of May 2012. Received and filed. 10 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. An ordinance amending the City Code combining the Board of Fire Appeals and the Local Board of Building Code Appeals. Adopted Ordinance No. 39438 - 070212. (5 -0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Mayor Bowers advised that City staff had met with Laverne Shepherd, City Registrar, to begin planning for public meetings on the proposed plan to reduce the number of voting precincts. He further advised that it was anticipated that five public meetings will be held in the month of August with one being held in each quadrant of the City and one being held in the Municipal Building. He stated that the meetings would be in an open house format which would allow for the public to view the proposed changes, ask questions, see additional information from staff and make comments for the record. The Mayor also commented that in addition to the public meetings, the Registrar would meet with representatives from the NAACP, the SCLC and other groups. Council Member Lea asked that during the celebration of Independence Day, everyone not forget that the Roanoke community has been devastated and many are without electricity. He stated that if the prior commitment had not been made, he would rather see the money used to help those in need rather than on a fireworks display. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed Randall Simmons as the Citizen at Large representative of the Towing Advisory Board for a term ending October 31, 2014. Reappointed Adam Boitnott and Edward Garner as Commissioners of the Roanoke Redevelopment and Housing Authority for four -year terms of office ending August 31, 2016. Waived City residency for Mr. Boitnott in this instance. Pursuant to Ordinance No. 39438- 070212 amending the City Code combining the Board of Fire Appeals and the Local Board of Building Code Appeals, the following individuals were appointed for the following staggered terms, effective July 1: Barry Baird - three years William Holland - two years Justina Meggison - one year Nelson Reed - three years Dan Brokaw - two years Kirk Bates - one year Justin Biller -three years Vacancy - two years Vacancy - one year At 4:14 p.m., the Mayor declared the Council meeting in recess for continuation of closed meeting to be held in the Council's Conference Room. CERTIFICATION OF CLOSED MEETING. (4 -0, Mayor Bowers was not present during a portion of the Closed Meeting due to the Open House being held in the Mayor's Office from 4:00 p.m. - 6:00 p.m.) Inasmuch as the Personnel Committee having met on June 25 at 12:45 p.m., to interview candidates for City Attorney's position, the Certification was not offered prior to its adjournment at 6:00 p.m. CERTIFICATION OF CLOSED MEETING. (4 -0, Mayor Bowers, Vice -Mayor Trinkle and Council Member Bestpitch were absent.) Adjournment — 8:15 p.m. 12 it CITY OF ROANOKE ! CITY COUNCIL I 2 15 Church Avenue. S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke. Virginia 24011 -1536 -- I'elephane: (540) 853 -2541 DAVIDA.ROWERS Fax: (540)853 -1145 Mayor July 2, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bcstpilch Raphael B. 'Ray" Ferris Sherman P Lea Anita J. Price Conn C. Rosen David B. Trinkle This is to advise you that I will not be present at the 9:00 a.m. and 2:00 p.m. sessions of Council on Monday, July 2, 2012. Best wishes for a successful meeting. Sincerely, 4�.� William D. Bestpitch Council Member W DB /ctw STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.. Suite 456 Roanoke, Virginia 24011 -1536 Tcicphane: (5401853 -2541 Faz (.540)853 -1145 Email. clerk@rrarrkeva gav July 2, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: JONATHAN E. CRAPE Depuly City Clerk CECELIA T. W BB A .Wi at Deputy City Clerk Attached is a copy of the Roanoke City Electoral Board Abstract of Votes cast in the Mayoral and City Council General Election held in the City of Roanoke on Tuesday, May 1, 2012, certifying that David A. Bowers received the largest number of votes for Mayor of the City of Roanoke; and Sherman P. Lea, Anita James Price and Court G. Rosen received the largest number of votes for Members of City Council. Oaths of Office were administered on Thursday, June 21, 2012, by the Honorable Clifford Weckstein, Judge of the Twenty -Third Judicial Circuit of Virginia, as follows: David A. Bowers as Mayor for a term commencing July 1, 2012 and ending June 30, 2016; Court G. Rosen as a Member of Council for a term commencing July 1, 2012 and ending June 30, 2016; and as Vice -Mayor for a term commencing July 1, 2012 and ending June 30, 2014; Sherman P. Lea as a Member of Council for a term commencing July 1, 2012 and ending June 30, 2016; and Anita James Price as a Member of Council for a term commencing July 1, 2012 and ending June 30, 2016. Attachment Sincerely, vvn Stephanie M. Moon, MMC' City Clerk LACLEEK\DATA\CKSM1\Ageoda. 12Weetificatioa of OetLs .doc ABSTRACT & VOTES Cast in ROANOKE CITY, VIRGINIA at the 2012 May City General Election held on May 01, 2012 far, Mayor District: ROANOKE CITY NAMES OF CANDIDATES ON THE BALLOT David A. Bowers Mark S. Lucas Total Write -In votes [From Write -Ins Certifications] [Valid Write -Ins + Invalid Write—ins = Total Write In Votes] Total Number of OverVotes for Office TOTAL VOTES RECEIVED (IN FIGURES) 4479 CrI`. We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 01, 2012, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Mayor. David A. Bowers his 4TH day of MAY 2012 Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT of VOTES Cast in ROANOKE CITY, VIRGINIA at the 2012 May City General Election held on May 01, 2012 for, Member City Council District: ROANOKE CITY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Court G. Rosen 7224 Anita James Price 6568 Sherman P. Lea, Sr. Brandon E. Bushnell 3105 Total Write -In votes [From Write -Ins Certifications] 172 [Valid Write -ins + Invalid Write—ins = Total Write In Votes] Total Number of OverVotes for Office We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 01, 2012, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council. 1. Court G. Rosen 2. Anita James Price 3. Sherman P. Lea, Sr. this 4TH day of MAY 1 2012 Chairman ^ / Vice Chairman ^ V ,Secretary Secretary, Electoral Board 4/012111 0730 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, David A. Bowers, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Mayor of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2012 and ending June 30, 2016, according to the best of my ability (So help me God). DAVID A. BOWERS The foregoing oath of office was taken, sworn to, and subscribed before me by David A. Bowers this 21" day of June 2012. Jud t e Twenty -Third Judicial Circuit L:ACLERKVDATAACKSM IA invesumee�invexlhum mlh%(201?) dnc 1001240 0731 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit I, Sherman P. Lea, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2012 and ending June 30, 2016, according to the best of my ability (So help me God). SHERMAN P. LEA The foregoing oath of office was taken, sworn to, and subscribed before me by Sherman P. Lea this 21$' day of June 2012. L:ACLERKVDATAVCKSN (2012) d.c 1140121111 0737 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Anita J. Price, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2012 and ending June 30, 2016, according to the best of my ability (So help me God). SION, ! i AT The foregoing oath of office was taken, sworn to, and subscribed before me by Anita J. Price this 21 s' day of June 2012. J e of the Twenty -Third Judicial Circuit L\CLEMDATA,CKSM 11n,x, wieAh1Ves11wre o,h, 12012) d,, 4401211 0733 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Court G. Rosen, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2012 and ending June 30,2016; and as Vice -Mayor of the City of Roanoke, Virginia, for a term of two years commencing July 1, 2012 and ending June 30, 2014, according to the best of my ability (So help me God). COURT G. ROSEN The foregoing oath of office was taken, sworn to, and subscribed before me by Court G. Rosen this 218' day of June 2012. 1. ACL5RKVDATAACKSM IAImeeliw,eA,.,e,,imre o.h, (2012) .d« IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2012. No. 39427-070212. A RESOLUTION paying tribute to the Honorable David Trinkle, and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice -Mayor of the City. WHEREAS, Dr. Trinkle was elected as Vice -Mayor in May 2010, having served on Council since 2006; WHEREAS, Dr. Trinkle has worked diligently on the Audit Committee, Legislative Committee, Personnel Committee, RVTV Committee, Roanoke Valley Alleghany Regional Stormwaler Management Committee, Roanoke Valley Alleghany Regional Commission - Comprehensive Economic Development Strategy, and Greater Roanoke Transit Company board of directors. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable David Trinkle, as Vice - Mayor. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable David Trinkle. ATTEST: Stephanie M. Moon, M City Clerk APPROVED David A. Bowers Mayor a ��OhziiorL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, J The 2nd day of July, 2012. No. 39428 470212. A RESOLUTION recognizing the Honorable Court Rosen to be a member of the City Council and Vice -Mayor of the City of Roanoke. WHEREAS, the Honorable Court Rosen received the largest number of votes of any candidate running for City Council in the regular Councibnanic election held on the first Tuesday in May, 2012, and was, therefore, elected Vice -Mayor of the City for a two -year term, which will commence July 1, 2012, as provided by §4 of the Charter of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Court Rosen be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the I" day of July, 2012, and continuing for a period of four years, and until his successor shall have been elected and qualified, and to be the duly elected Vice -Mayor of the City for a term commencing July 1, 2012, and continuing for a period of two years and until his successor shall have been elected and qualified. ATTEST: Ap" hn,' Stephanie M. Moon, MMC City Clerk APPROVED David A. Bowers Mayor �5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39429 - 070212. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2012, and terminating June 30, 2013. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 2012, and terminating June 30, 2013. 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 9:00 a.m. session and the 2:00 p.m. session. (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month shall commence at 2:00 p.m. for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 3. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 4. All meetings of City Council shall be automatically adjourned at II:00 p.m., unless a motion setting a new time for adjournment be made, seconded, and unanimously carried. All regular meetings of City Council shall be held in the Council Chambers, Room 450, of the Municipal Building, unless otherwise provided by resolution of Council., with the exception of the 9:00 a.m. session of the regular meeting on August 6, 2012, which shall be held in the Media Center at Patrick Henry High School located at 2102 Grandin Road, Roanoke, Virginia. 6. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing anew meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place. This Resolution shall have no application to special meetings of City Council called pursuant to §10 of the City Charter. ATTEST: 9AA9 -� Y-Y) -"t? City Clerk. CITY OF ROANOKE 41; ' OFFICE OF THE MAYOR '_IS CHURCH AVENUE. S.W., SUITE 4S2 ROAN KG VIRGINIA 14011 -1 594 TILIPHOIL 40 ' 1�3 '444 FAX Wfl]M53 -1145 DAN ID A. DO" ERS M. July 2, 2012 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. A list of current vacancies is included with the agenda for this meeting. Sincerely, V� David A. Bowers Mayor DAB:ctw COMMITTEE VACANCIES /REAPPOINTMENTS July 2, 2012 VACANCIES: Three - yearterms of office to replace Eddie Wallace, Jr., Kee Bolling and Carl Kopitzke as members of the Mill Mountain Advisory Committee ending June 30, 2015. Three -year term of office to replace Braxton Neff ending June 30, 2015; and an unexpired term of Felicia Journiette ending June 30, 2014, as members of the Roanoke Neighborhood Advocates. Three year term of office to replace Thomas W. Ruff (citizen at large) as a member of the Towing Advisory Board ending October 31, 2014. Criteria requires a City representative. Three -year term of office to replace Jay Foster as a City representative of the Roanoke Valley - Allegheny Regional Commission ending June 30, 2015. Unexpired term of office of Letitia Smith as a member of the Personnel and Employment Practices Commission ending June 30, 2014. CITY OF ROANOKE CITY COUNCIL 15 Chuod, A, enac. S.W. .+H C•� Noel CTayla- Municipal Building, Suite 456 Roanoke, Veginia 24011 -1536 1,1eph ne: (540)953 -2541 DAVIDA. BOWERS Fax. (540) 953 -1145 hlayar July 2, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: CmunaO Members William D. Bestp teh Raphael E.'Ray° Fans Sherman P. Lea Anita J. Prnee Conr G. Rosen David B. Trinkle This is to request a Closed Meeting to discuss a personnel matter, being the vacant City Attorney position, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, Anita Anita J. Price, Chair City Council Personnel Committee AJP:ctw July 2, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpitch Raphael E.'Ray" Ferris Sherman P_ Lea Anita I Price Court (1. Rosen David B. Trinkle I wish to request a Closed Meeting to discuss the annual performance of a Council- Appointed Officer, pursuant to Section 2.2 -3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, Anita J. Price, Chair City Council Personnel Committee ANJ:ctw CITY OF ROANOKE n 4i CITY COUNCIL r 15 ChurchA en S.W. \, v.. li Noel C Taylor Mi niap I Building, Snite 456 Roanoke ViMinia 14011 -1536 Telephone_ (540) 953 -2541 DAVID A. BOWERS Fax (540)853 -1145 Maynr July 2, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpitch Raphael E.'Ray" Ferris Sherman P_ Lea Anita I Price Court (1. Rosen David B. Trinkle I wish to request a Closed Meeting to discuss the annual performance of a Council- Appointed Officer, pursuant to Section 2.2 -3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, Anita J. Price, Chair City Council Personnel Committee ANJ:ctw i CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 2, 2012 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly -owned property, portions of tax map nos. 6421001 & 6472302 located at Countryside, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2 -371 1 .A.3, Code of Virginia (1950), as amended. --------------------------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers COMPLETING THE MARKET DISTRICT Leveraging history, Improving the customer experience, Creating a front door Rc,rs, .,H» MARKET CANOPY REDESIGN mprove the City Market experience Project Goals • Improve the buying (customer) AND selling (vendor) experience • Improve visibility of in -line retail on Market Street • Identify long -term maintenance solution • Provide a "wow" factor for the City Market ,. LM t1 I 1 d 1 Y sw �! � Pi I Existing vs. Proposed The new canopies provide significantly greater coverage area for the vendors and their customers without interfering with the historic facades on Market Street. New design also improves light transference and capitalizes on the historic elements of the market structure. Ri0P M5 N Moving Forward • Design has been vetted with the City Market vendors • Proposal reviewed by the ARB in July • Final documents completed by late summer • Construction commences during market off - season • Substantial project completion by St. Patrick's Day • 100% completion by Easter 2013. MARKET SQUARE PROPOSAL Creating a living room for Downtown Roanoke J � T v `II1a _ ��-1 ' � •1YI1111 . �11 yTC• 1 f ii (7i �t i H-H 4 11,14 R9 I'llisli �l 1_ Current Conditions -_m Fyr ?o- �: n'2 �'� � �i 1 ` `s ""�� �. °�. «: -� rt;: i t .. How do we activate the square? • Pedestrian Activity • Traffic Calming • Connectivity • Maintain Vehicular Access c Mt A lIL r--K- t ew L� Cl. C4D STP�l,t,5 /{ or AMA MINK WA C4D STP�l,t,5 /{ How did we get here? • Private sector driven concept relating to public space • Proposed to the DRI & Regional Chamber of Commerce Boards... preliminary support from both • Primary DRI role: coordinating needs of the City Market + communicating to stakeholders Unanswered questions • Water contro • Utility access • Special event coordination /phasing • Post - project management • Parking • Preserving short term parking for City Market vendors • Short /medium term parking availability for Market District retailers F _gg r �, _ T"_ emu a ff�, n. F_ .. _ r p x 1 It VE-willo-h- Aff Ambe �� Y Y Michael M. Cline, State Coordinator Virginia Department of Emergency Management 10501 Trade Court Richmond, VA 23236 Dear Mr. Cline: I am enclosing copy of Resolution No. 39430 - 070212 confirming the City Manager's declaration of a local emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 2, 2012. Sincerely, �� n� Stephanie M. Moon, MMC �-- City Clerk Enclosure PC: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver. Director of Finance CITY OF ROANOKE �1. A 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, MIMIC E -mail: clerk@roanokeva.gov JONATHANE.CRAFT City Clerk Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 3, 2012 Michael M. Cline, State Coordinator Virginia Department of Emergency Management 10501 Trade Court Richmond, VA 23236 Dear Mr. Cline: I am enclosing copy of Resolution No. 39430 - 070212 confirming the City Manager's declaration of a local emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 2, 2012. Sincerely, �� n� Stephanie M. Moon, MMC �-- City Clerk Enclosure PC: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver. Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39430 - 070212. A RESOLUTION confirming the City Manager's declaration of a local emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. WHEREAS, the Council of the City of Roanoke finds that the City has sustained a disaster because of Derecho (severe straight line wind event) which began Friday, June 29, 2012, and will result in substantial property damage and significant costs to the City in dealing with the effects of this disaster; WHEREAS, pursuant to the provisions of §44- 146.21, Code of Virginia, on July 2, 2012, the City Manager as Director of Emergency Management, declared a local emergency commencing on June 29, 2012, which Council must confirm at its next regularly scheduled meeting, or at a special meeting within fourteen days of such declaration; and WHEREAS, a condition of extreme peril to life and property existed which necessitated the declaration of the existence of a local emergency. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Council confirms that a local emergency existed throughout the City commencing Jane 29, 2012, 2. The Council hereby ratifies and confirms that, during the period of the emergency confirmed by this resolution, the City Manager, as Director of Emergency Management, possessed and held those powers, functions and duties prescribed by the Code of Virginia (1950), as amended, the City of Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as amended, and the Emergency Operations Plan approved by this Council, in order to further the public health, safety and welfare, address the needs of the people of the City of Roanoke, and mitigate the effects of such emergency. 3. The City Manager is hereby authorized for and on behalf of the City to execute applications for Federal and State public assistance as is necessary and proper to meet this emergency and to provide to Federal and State agencies for all matters relating to Federal and State disaster assistance the assurances and agreements required by the Federal Emergency Management Agency and other agencies of the State and Federal government. 4. Ann Shawver, the City's Director of Finance, is hereby designated as the City's fiscal agent to receive, deposit and account for Federal and State funds made available to the City to meet the emergency declared by this resolution, and is hereby designated as the City agent for executing and submitting appropriate documentation and information regarding Federal and State reimbursement for this emergency. 5. The Council calls upon the Federal and State governments to take steps to afford to the City of Roanoke and to the persons and business concerns and other organizations and agencies suffering injury and damage from this disaster such public aid and assistance as is necessary and proper to meet this emergency. 6. The City Clerk is directed to forward an attested copy of this resolution to the State Coordinator of Emergency Management. ATTEST: _ ' 7 City Clerk. K:\Measures \confirming local emergency 2012.doc OFFICE OF THE CITY MANAGER Noel C Taylor Municipal Building �� Roanok,VAvenue, 4011 Room 364 Roanoke, Virgin is z4ou ROANOKE www.roanokeva.gov www.raanakeva.gov July 2, 2012 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Declaration of Local Emergency Dear Mayor Bowers and Council Members: On Saturday, June 30, 2012, Governor McDonald declared a state of emergency to exist due to Derecho (severe straight line wind event) on Friday June 29, 2012, and the on -going heat wave. Cost of recovery from this state of emergency is yet to be determined, however, both public and private damage will have a significant impact on the City of Roanoke and its citizens. As City Manager and the Director of Emergency Management, I hereby declare a local state of emergency to exist within the City of Roanoke, and request council to confirm this action by approval of the attached resolution. This action is based on information from the State and from the City's Emergency Management Coordinator. ��Siiinncerely, Q/'� ( 14u V �� Christopher P. Morrill City Manager LSC/l c: Ann Shawver, Director of Finance Timothy R. Spencer, Acting City Attorney Stephanie Moon, City Clerk CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 2, 2012 Subject: Request a Public Hearing for 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 and his family have leased property in the area from the City located in the Coyner Springs area of Botetourt County for many years for farming purposes. In March 2011, he and his sons purchased 20.845 acres of City -owned property adjacent to Coyner Springs Community Cemetery for pasture and crop land. Approximately 47.892 acres remain of City -owned land along Coyner Springs Road also known as parcel numbers 108(9)1 and 108(9)2. (Please see attached plat). Mr. Deter has not previously leased this property from the City. Mr. Jeter has expressed a desire that his sons, Ned B. Jeter, II and Darrell B. Deter be allowed to purchase the remaining approximate 47.892 acres at Four Thousand Dollars ($4,000) per acre for agriculture use. 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. Recommended Action: Authorize the scheduling and advertising of the proposed sale of this property to Ned B. Deter, II and Darrell B. Deter for a public hearing on July 16, 2012, at 7:00 pm. &-m-o-r-rill City Manager Distribution: Council Appointed Officers R. 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 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT Cl 927.19' 313.30' 311.01' S 14'25'07° E 19'21'38' 158.16" C2 921.00' 567.88' 558.93 S DS51'02• E 35'19'42° 293.29" C3 500.46 283.54' 280.91' S 173953^ E 2T03'17" 144.46' C4 1302.85' 607.79' 602.29' S 08'3846° E 264344" 309.53' UNE BEARING DISTANCE LEGEND: L1 5 04'25'20° E 78.68' • IRON FOUND L2 S 04'44'I8� E 85.49' ♦ SPIKE NAIL SEE U S 24'05'21° E 150.32' w ■ FENCE CORNER POST L4 S 21'30'53" E 49.45' 53.75' L5 5 772920° W 68.16' o� zUNQ L6 5 7TO8'26° W 58.02' � my L7 5 173731° W 216.90' oo LB 5 13'24'51° W 87.49' z L9 S 0716'03' W 78.54' Z L70 5 02'02'26" W 55.01' 0001, L11 N 75. 28'38" E 52.17 UU?r L12 S 00'51'46° W 35.86' M 0 M L13 5 26'11'32" E 745.27' W L14 5 2449'25" E 230.55" �a L15 5 22'00'38° E 79.39' GI a moo L16 m V m W z a h a o 3� p s � A 47.892 ACRES N 2 A � NOTES: PLAT BASED ON MONUMENTS FOUNDm-F AS SHOWN HEREON OF CURRENT FIELD MEASUREMENTS SURVEYS DATA FROM PREVIOUS ADJOING PROPERTIES i [�� \ 3' OF AND RECORDS. \� FLOOD PLAIN SCALED FROM COUNTY o u GIS FROM STUDY DATED DECEMBER 17, 2010. EMBER 1 m'pF• `� w o.` p e \l\ THIS WAS DRAWN WITHOUT THE BENEFIT TITLE A TITLE REPORT BY AN ATTORNEY AN AND THEREFORE MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES UPON mf N� PI THE PROPERTY. PLAT OF THE PROPERTY OF CITY OF ROANOKE DB 565, PG 692; TAX ID# 108(9)2 TAX ID# 108(9)2 & PART OF TAX ID# 108(9)1 y TO BE CONVEYED TO m4 Wo DARRELL B. JETER AND NED B. JETER, III �O VALLEY DISTRICT - BOTETOURT COUNTY-VIRGINIA MCMURRY SURVEYORS, INC. DALEVILLE, VIRGINIA 24083 - 0250 +o SCALE 1" = 400" JUNE 21, 2012 ® JETER\BOUND.DWG s aa'a3'DS° w 10201' L77 5 08'41'54' W 79.85' LiB S 053748" W 141.93' L19 S 03'05'05" W 53.75' Lza N 75.3D'az^ w 1az1D' L21 S 86'2724" E 362.89' ELECTORAL BOARD CARL T. TINSLEV,SR. 215 Church Avenue, SW, Room tog chairman Roanoke, Virginia 24011 E GORDON HANCOIX PO Box ta95 Vice Chairman ROANOKE Roanoke, Virginia 24005 MELVIN E. WILLIAMS 540 8`1z281 tax: 540.853. 1025 Secretary June 14, 2012 Ms. Stephanie Moon, City Clerk 215 Church Avenue SW Municipal South, Room 456 Roanoke, Virginia 24011 Dear Ms. Moon: Pursuant to Section 24.2 -675 of the Virginia Code of Election Laws, attached is a certified copy of the Abstract of Votes cast in the Republican Party Primary Election held in the City of R noke on Tuesday, June 12, 2012. Yo rs Truly - -, Melvin E. Williams, Secretary City of Roanoke Electoral Board ABSTRACT of VOTES Cast in ROANOKE CITY, VIRGINIA at the 2012 June Republican Primary Election held on June 12, 2012 for, Member House of Representatives District: 06 NAMES OF CANDIDATES ON THE BALLOT Robert W. "Bob" Goodlatte - Republican Karen U. Kwiatkowski - Republican Total Write -In votes [From Write -Ins Certifications] [Valid Write -Ins - Invalid Write—ins = Total Write In Votes] Total Number of OverVoles for Office TOTAL VOTES RECEIVED (IN FIGURES) 1782 730 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 12, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Representatives. Given under our hands this —/1 th�- , —ld�ay of JUNE 2012 Chairman Vice Chairman A ti e ,Secretary Acting Secretary, Electoral Board ABSTRACT of VOTES Cast in ROANOKE CITY, VIRGINIA at the 2012 June Republican Primary Election held on June 12, 2012 for, United States Senate NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) George F. Allen - Republican 1695 Jamie L. Radtke - Republican 303 E. W. Jackson - Republican 256 R. G. "Bob" Marshall - Republican 173 Total Write -In votes [From Write -Ins Certifications] [Valid Write-ins +Invalid Write ins =Total Write In Votes] Total Number of OverVotes for Office We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 12, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the United States Senate. Given under our hands this �144th� � A -, day of JUNE 2012 L— (A�(_. � 'Liw�,' _—Chairman Vice Chairman _ice s� G Actinip Secretary Acting Secretary, Electoral Board July 2, 2012 Sheila Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: This is to advise you that Marlene Preston has qualified as a member of the Roanoke Public Library Board, for a three -year term of office ending June 30, 2015. Sincerely, �,G.u��h'1 • lvwv Stephanie M. Moon, MMC City Clerk SMM:jec CITY OF ROANOKE ��aaa OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 !� Roanoke, Virginia 2 4011 -153 6 Telephone: (540) 853 -1541 Fax: (540) 853 -1145 STEPHANIE M. MOON, MMC E -mail: elerk@roanokeve.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T. NTDD Aesinant Deputy City Clerk July 2, 2012 Sheila Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: This is to advise you that Marlene Preston has qualified as a member of the Roanoke Public Library Board, for a three -year term of office ending June 30, 2015. Sincerely, �,G.u��h'1 • lvwv Stephanie M. Moon, MMC City Clerk SMM:jec Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Marlene Preston, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board for a three year term of office ending June 30, 2015, according to the best of my ability. So help me God. 11MARLENE PRESTON The foregoing oath of office was taken, sworn to, and subscribed before me by Marlene Preston this L day of , 'Clf' 2012. Brenda S. Hamilton, Clerk of the Circuit Court i xmwiw_. � Ik._� The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: We jointly sponsor a request of David I. Tenzer, Chairman, Jefferson Center Foundation, Board of Directors, regarding accomplishments in the year ending June 30, 2012 and plans for the new season at the regular meeting of City Council to be held on Monday, July 2, 2012, at 2:00 p.m. Sincerely, Aid Trinkle Council Member William D. Bestpit Council Member DBT/WDB:ctw CITY OF ROANOKE x`[ °� CITY COUNCIL 15 Church A enue, S W. '!'•� Noel C.'raylorMunicipal Building, Suite 456 1 Roanoke, Virginia 24011 -1536 a Telephone: (540) 853 -2541 DAVID A. BOWERS fan (540) 553 -1145 Council Members Mayor William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lee Anita J- Price Court(i Rosen David B. Trinkle July 2, 2012 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: We jointly sponsor a request of David I. Tenzer, Chairman, Jefferson Center Foundation, Board of Directors, regarding accomplishments in the year ending June 30, 2012 and plans for the new season at the regular meeting of City Council to be held on Monday, July 2, 2012, at 2:00 p.m. Sincerely, Aid Trinkle Council Member William D. Bestpit Council Member DBT/WDB:ctw June 7, 2012 Vice Mayor David B. Trinkle The Honorable William D. Bestpitch Roanoke City Council City of Roanoke Via email to ionathan.craftCdroanokeva.Rov Dear Dave and Bill, Would you please endorse Jefferson Center Foundation's appearance on the Roanoke City Council agenda for the meeting at 2 p.m. on July 2? As has been our custom for the past few years, I am seeking the opportunity for Jefferson Center Foundation's Board and staff to thank the city for use of the historic landmark property and pay the token annual rent as required in our 40 -year lease. We will also use the allotted time to provide a brief report of recent activities and answer questions from Council members. Please contact me at 343 -2624, ext. 212 or ilevinClieffcenter.or2 if you have questions or concerns. Thank you for your support of Jefferson Center. Sincerely, John Levin Director of Development 6/7/12 Copies sent to Vice -Mayor Trinkle and Council Member Bestoitch in the Misc. Packet. Jonathan Craft, Deputy City Clerk �/-z Elmwood Park Design Progress South Lawn & Performance Venue July 2, 2012 Elmwood Park Progress Meeting 0 HILL STUDIO A Very Valley Team Hill Studio Spectrum Design Stagesound Mattern & Craig Engineering Consulting Services Save Utilities Inc. Hummer Construction Resources 1717 Design Georgia Fountain Company Elmwood Park Progress Meeting 0 HILL STUDIO C Playground for All Ages th Lawn Mi Mountain Greenway C ncessions Plaza PO rformance Venue Int ractive Fountain A walk A UT Elmwood Park Progress Meeting HILL srUDIO Playground for all Ages Elmwood Park Progress Meeting 0 HILL STUDIO Elmwood Park Progress Meeting k HILL STUDIO Elmwood Park Progress Meeting HILL STUDIO �_ - .y.F_ �j .; ___ /,� '' ' ` M :.! �,�fi. � -, il. p v, C -. Elmwood Park Progress Meeting k HILL STUDIO w 1y _ Z waw �tl waw Arizona Science Planetarium Elmwood Park Progress Meeting:' HILL sruom WTV p jr .L 1 fi ,; ���� .�. ..; ��, �; :: ��' w 7> ����, ,- i ^qf. ., � w ��! � �C bl X� . my..{ i i �.._I I{ I i i .. I'��_.i 1 � �� � uJ 11 1. 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W—Wl Q SOT,.F— On.pmrwuryp.YiilayA ©Yp Lt.N— Pr�nnLLpJ LUm.6.mfa..1.�WW rl. mro..nenue p Sqn T,.c— W.Ig^ng9 Q gnrr.i_vr.m.noinaenue . m..loqu s: en. f/n l— Pnlw..n. �I.epl ee..e.l4u cl. rn.l— ee.a4.wnsa..eaL�..wWnm sips lorelim Plan 1- Elmwood Park Progress Meeting k HILL sruolo �, � r � �;,Z .a' o,�'.:..�,i '� ii.,,., /��,,:75 r:. `Y� �� L A' ��r�' .:?' J�'� J� �� ���I ,r 1�� '� _ L� �I _� '.' ,�,�, ..'y' k ♦ ,: �6 ,' ,i }_` ��� �.: a 4 �� � � �` �, �, �_ �i r- i / j _ �� r a� - __ __ -.a.. VA. -� Mill Mountain Greenway Elmwood Park Progress Meeting U HILL sr uoo Elmwood Park Progress Meeting k . HILL STUDIO Performance Venue Elmwood Park Progress Meeting U HILL sivoio Ll L �. E Ir h� t.i Elmwood Park Progress Meeting ii HILL STUDIO m MW Elmwood Park Progress Meeting L_i HILL" STUDIO Elmwood Park Progress Meeting ii HILL STUOm V� . fiwt Elmwood Park Progress Meeting 0" HILL STUDIO Elmwood Park Progress Meeting lam`= HILL srumo Elmwood Park Progress Meeting k HILL ,rVDJO Elmwood Park Progress Meeting 0 HILL SrUDIO m -� o= I Pergola Lawn Gazebo,. Library Balcony I � �Vendor J:�rden I F Event Seating Terraces 1356 West Wing 253 Orchestra 372 Concourse Tables 100 Lawn 1800 Lawn Box 24 Pergola 80 Gazebo 15 Vendor Garden 120 Library Balcony 180 Total House: 4300 Elmwood Park Progress Meeting art HILL STUDIO Interactive Fountain Elmwood Park Progress Meeting id HILL STUDW Elmwood Park Progress Meeting ik HILL sruom .: �. # .. 6 � _ �, 1 a _,. Stream Jet Nozzle Aeration Jet Nozzle Elmwood Park Progress Meeting k HILL STUDIO 171 Elmwood Park Progress Meeting ki HILL srumo P 2 ° *a m . . f fi 2 Stage House Elmwood Park Progress Meeting it HILL STUDIO Utility Elmwood Park Progress Meeting id HILL srumo * -�►' 4 o Ma mm MM M d.. ■. -- .n M. �M i d.. ■. -- .n M. ,_.� �i,�' �► �� �1� �jil �i �!�' Elmwood Park Progress Meeting k HILL STUDIO Mayor's Monument Elmwood Park Progress Meeting ii HILL STUDIO View from Pergola Elmwood Park Progress Meeting 4 HILL srvmo Library Terrace Elmwood Park Progress Meeting k HILL STUDIO rt. -0� Stage Right Outermost Seat Elmwood Park Progress Meeting 'k HILL STUDIO _,.�� .,- ���I li �F� 11 � i ��� ii I i Front and Center Elmwood Park Progress Meeting ii HILL STUDIO Stage and Fountain Elmwood Park Progress Meeting ki HILL STUDIO Concessions Plaza Elmwood Park Progress Meeting k HILL s"010 Elmwood Park Progress Meeting 0 HILL STUDIO Elmwood Park Progress Meeting ii HILL STUDIO Elmwood Park Progress Meeting k HILL STUDIO Schedule Fall, 2012 Fall 2013 Park Closed North End Sitework Begins South End Sitework Begins Park Reopens Elmwood Park Progress Meeting k HILL sruuia IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39431- 070212. A RESOLUTION authorizing the acceptance of Virginia Recreational Trail Funds from the Virginia Department of Conservation and Recreation, and authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, implement, and administer such grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts from the Virginia Department of Conservation and Recreation a grant in the amount of $73,416, as more particularly set forth in the report dated July 2, 2012, from the City Manager to City Council. 2. The City Manager and City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, an agreement with the Virginia Department of Conservation and Recreation, and to execute such additional documents as may be necessary to obtain, accept, implement and administer such grant funds, all of such documents to be in form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of such grant. ATTEST: City Clerk. K \Talevf \me mre 4 ry council ma sores\ OI24re,- accept grant for va. recre tional trail If d, &,c IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39432- 070212. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Recreational Trails Grant, amending and reordaining certain sections of the 2012 -2013 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012 -2013 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Transfer to Grant Fund 08- 530 - 9712 -9535 $ 18,354 Appropriated from General Revenue 08- 620 - 9753 -9003 (18,354) Grant Fund Appropriations Construction - Other 35- 620 - 4366 -9065 91,770 Revenues Virginia Recreational Trails Grant FY13 35- 620 - 4366 -4366 73,416 Virginia Recreational Trails Grant FY13 35- 620 - 4366 -4367 18,354 Local Match 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 City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 2, 2012 Subject: Acceptance of Virginia Recreational Trails Funds Background: In March 2011, Council authorized the City Manager through Resolution 39079- 032111 to apply for Virginia Recreation Trails Funds in the amount of $81,916 to assist in the development of a trailhead /parking facility for the Roanoke River Greenway trail at its current terminus at Bridge Street. The total estimated cost of this project is $91,770. The Virginia Recreational Trails program is an 80/20 grant program administered through Virginia's Department of Conservation and Recreation (DCR). Considerations: On June 7, 2012, the Virginia DCR confirmed that the City has been awarded $73,416, in Virginia Recreation Trails Funds and provided a project agreement for the City's execution, a copy of which is attached to this report. There is a required 20% match associated with this award which can be accomplished with local funds or through in -kind services. Matching funds in the amount of $18,354 are available in the Comprehensive Greenway Trail account 08- 620 - 9753 -9003. Recommended Action: Accept the grant in the amount of $73,416 and authorize the City Manager and City Clerk to execute and attest, respectively, an agreement with the Virginia DCR, substantially similar to the agreement attached to this report, and to execute any other documents necessary to accept such grant, such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $73,416, transfer funding in the amount of $18,354 from the Comprehensive Greenway Trail account (08- 620- 9753 -9003) to provide the local match funding, and appropriate funding in the same amounts into an expenditure account to be established in the Grant Fund by the Director of Finance. ---- LV--- ` - - - - -- Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Steve Buschor, Director of Parks and Recreation RECREATIONAL TRAILS PROGRAM (RTP) FEDERAL HIGHWAY ADMINISTRATION - FHWA VIRGINIA RECREATIONAL TRAILS PROGRAM DEPARTMENT OF CONSERVATION AND RECREATION Project Agreement Sponsoring Agency: City of Roanoke State Project Number: NRT- I OFY (001)— VRT -262 Project Title: Roanoke River BIueway /Greenway Trai[head Project Period: Date of Formal Approval to 06 -30 -2015 Project Scope: Construction of 15 space tmilhead facility (grading, earthwork, pavement, permitting and stormwater management) with kiosk. Total Project Cost: S 91,770.00 (minimum amount to receive maximum award) Project Grant Amount: 573,416.00(maximum) The Department of Conservation and Recreation (DCR) and the City of Roanoke hereinafter referred to as the "Recipient' mutually agree to perform this agreement in accordance with Recreational Trails Program as codified at 23 U.S.C. 206, the provisions and conditions of the FHWA Interim Guidance dated April 1, 1999, as amended, and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps and assurances attached hereto or obtained by the state and hereby made a part hereto. The following are hereby incorporated into this agreement: I. Public cost principles as outlined in 2 CFR Pans 215. 225 and 230 and Federal Highway Administration 49 CFR Parts 18,19, 20, 29 and 32 (hap ?v„o �ehuehouse.eo% omh'circulam ). 2. Virginia Recreational Trails Program Manual (VRTPM). 3. Fiscal Procedures of the Virginia Recreational Trail Program outlined in VRTPM. 4. Specific project application and amendments submitted for funding assistance under the Recreational Trails Program. 5.Compliance by sponsoring agency of all applicable state, federal and local laws, regulations and ordinances. 6. Submission of Quarterly Progress Reports on status of grant implementation. First report due no later than 09- 30 -12. 7. All grant funds shall be paid on an 80% matching reimbursement basis not to exceed the total grant amount of $73,416.00 8. The Recipient agrees to contact both the appropriate state agency and DCR if any unexpected environmental concerns are encountered during project construction. 9. The project period shall begin with the date of approval of the project agreement and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner; in which event. the project shall end on the date of completion or termination. 10. The Recipient will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be pursued to completion with reasonable diligence. Initial 11. The Recipient shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. Copies of all permits necessary for the construction of the project must be sent to DCR for the grant file. Initial 12. In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project. the Recipient shall contact DCR to discuss changes in scope of work that will bring the project to a point of recreational usefulness agreed upon by the Recipient, DCR and FHWA, or his designee. 13. The Recipient will insure that the facilities under its ownership, lease or supervision which shall be Utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify DCR of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. The Recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. 14. The Recipient will comply with Executive Order 12432, "Minority Business Enterprise Development as follows: (1) Place minority business firms on bidder's mailing lists. (2) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services. (3) Where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage participation by these firms. (4) The Department and the Federal Highway Administration are committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. Initial 15. DCR may terminate the project in whole. or in part, at any time before the date of completion, whenever it is determined that the Recipient has failed to comply with the conditions of the project agreement. fhe Department will promptly notify the Recipient in writing of the determination and the reasons for the termination, together with the effective date. Initial 16. Termination by the Recipient either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by DCR, the Recipient and the FHWA. 17. Financial records, supporting documents, statistical records. and all other records pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period of three years: except the records shall be retained beyond the three -year period if audit findings have not been resolved. The retention period starts from the date of the final expenditure report for the project. 18. Documentation providing verification of eligible expenditures including copies of invoices, cancelled cheeks (front and back), time sheets, etc. is required to be submitted to the Department in order to receive reimbursement, either partial or in full. Initial 19. All correspondence pertaining to this project must reference State Project Number NRT -10 -FY (001) VRT -262. 20. Request for reimbursement of grant funds must be submitted no less than once ear ,vear during the grant life on completed work that has been paid by the local sponsor. The grant must be completed by 6- 30 -2015. Initial In witness whereof, the parties hereto have executed this agreement, NRT -IOFY (001), VRT- 262, as of the date entered below. The Department of Conservation and Recreation Commonwealth of Virginia By Date Danette M. Poole Planning and Recreation Resources Division Director City of Roanoke M Print Name Date Signature +c STEPHANIE M. MOON, MIMIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011.1536 Telephone: (548)853 -2541 Fax: (540) 853-1145 E -mail: clerk @roanokeva.gov July 3, 2012 Dorothy M. Gillespie Foundation c/o Gerald McCarthy, Board Member 7229 Willow Valley Road Roanoke, Virginia 24018 Dear Mr. McCarthy: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Resolution No. 39433- 070212 accepting and expressing appreciation for the donation of a piece of art titled 'Bon Voyage" from the Dorothy M. Gillespie Foundation for the public art collection. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 2, 2012. Sincere y,,., �e 1.ryyo � Stephanie M. Moon, MMC City Clerk Enclosure PC: Christopher P. Morrill, City Manager Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Brian Townsend, Assistant City Manager for Community Development Nathan Harper, Chair, Roanoke Arts Commission Susan Jennings, Arts and Culture Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39433 - 070212. A RESOLUTION accepting and expressing appreciation for the donation of a piece of art titled "Bon Voyage" from the Dorothy M. Gillespie Foundation for the Public Art Collection. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council accepts and expresses its appreciation for the donation of this art to the City from the Dorothy M. Gillespie Foundation for the Public Art Collection all as more particularly described in the report of the City Manager, dated July 2, 2012. 2. The City Clerk is directed to forward an attested copy of this resolution to Gerry McCarthy, Board Member, Dorothy M. Gillespie Foundation. ATTEST: TO CITY FIO,1 ICROOHY OT SPIE FONJOATIONOOC City Clerk. I� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 2, 2012 Subject: Donation of Art for the Public Art Collection from the Dorothy Muriel Gillespie Foundation Background Mr. Gerry McCarthy, a board member of the Dorothy M. Gillespie Foundation, has generously approached the Roanoke Arts Commission (RAC) about donating a piece of Ms. Gillespie's work to the City of Roanoke. The piece, created in 1989 and titled Bon Voyage, is a wonderful example of her enamel on aluminum technique. Other examples of this work can be viewed locally in the Center in the Square and Jefferson Center Atriums but the City currently does not own one of Ms. Gillespie's works. The piece measures 62" by 38" by 14 ". Ms. Gillespie is a native of Roanoke who has work in national and international collections. She has a degree from the Maryland Institute College of Art, Baltimore, MD (1941); and an honorary BFA from the Art Student's League, New York, NY. In her career, she has had close to 100 solo shows across the country. She has received close to a dozen awards including the Mayor's Certificate of Recognition and the key to the City from the City of Roanoke in 1977. Considerations: The Roanoke Arts Commission voted to recommend acceptance of the work on May 8, 2012. The work is currently valued at $7,500. Pursuant to City Code, acceptance of a gift, grant, devise or bequest valued at more than five thousand dollars ($5,000), shall be by ordinance or resolution of the City Council. The Arts Commission will choose an appropriate location to display the work once it is accepted. Recommended Action: Adopt the accompanying resolution in accordance with City Code Section 2 -263 to accept the donation of the art work from the Dorothy Muriel Gillespie Foundation. -( ----- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Nathan Harper, Chair Roanoke Arts Commission Susan Jennings, Arts and Culture Coordinator Ila m .rte, t y to 1J � . OF v ♦ Cs IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39434- 070212. A RESOLUTION approving the purchase of a piece of art for the Public Art Work Plan 2012 for placement in the Vic Thomas Park. BE IT RESOLVED that the Council of the City of Roanoke approves the purchase of "In Flux ", by All Creations (Bland Hale and Matt Rink), a piece of art for the Public Art Work Plan 2012 for placement in the Vic Thomas Park, as more fully set out in the City Manager's Report to Council dated July 2, 2012. ATTEST: 1 City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39435- 070212. AN ORDINANCE to transfer funding from the Temporary Public Art Exhibition II and the Percent for the Arts capital projects to the General Fund for the purchase of a piece of art work, amending and reordaining certain sections of the 2012 -2013 General and Capital Projects Fund Appropriations and dispensing with the second reading bytitle of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012 -2013 General and Capital Projects Fund Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Capital Projects Fund Appropriations Transfer to General Fund 08- 530 - 9712 -9509 $10,000 Appropriated from General Revenue 08- 610 - 9929 -9003 ( 7,897) Appropriated from General Revenue 08- 610 - 9942 -9003 ( 2,103) General Fund Appropriations Art 01- 610 - 8110 -9051 10,000 Revenue Transfer from Cap Project - Govt 01- 110 - 1234 -1237 10,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �LcJ/1Aw i� ho. 1. %puy, City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 2, 2012 Subject: Addition to Public Art Work Plan for 2012 Background: On December 19, 2011 Roanoke City Council adopted the Public Art Work Plan for 2012. The Roanoke Arts Commission (RAC) seeks to add one additional project to that work plan with the purchase of In Flux, an art piece placed in Vic Thomas Park as part of the AIR (Art in Roanoke) temporary public art project. At the June 12, 2012 meeting of the RAC, the Commissioners voted to purchase In Flux as it would be a nice compliment to the pieces being placed in the park for the Ann Davey Masters Memorial Garden. The artists involved in that project asked the RAC to consider purchasing In Flux. Additionally, the Mountain View Neighborhood Association expressed a desire to retain the piece (support letter attached) and users of the Greenway have remarked to RAC members that the piece was a great addition to the Greenway experience. Considerations: The original purchase price set by the artist All Creations (Bland Hake and Matt Rink artists) was $15,000. The artists have agreed to sell the piece to the City of Roanoke for $10,000. All Creations is a design group focusing on resourceful and forward thinking approaches to creating large -scale artwork. Material reuse and adaptability are paramount in the installations and environments they create. In Flux is constructed from recycled lamp poles and steel. A conservator under contract with the City as part of a National Endowment for the Arts grant reviewed the piece, deemed it in great condition and suggested a few minor upgrades to make the piece suitable for the permanent collection. The artists will come in September 2012 to make those upgrades. The purchase will be funded from existing accounts designated for Public Art Projects. Recommended Action: Adopt the attached resolution which approves an addition to the Public Art Work Plan for Fiscal Year 2012. Adopt the accompanying budget ordinance to transfer funding in the amount of $2,103 from the Temporary Public Art Exhibition II account (08- 610 - 9942 -0016) and funding in the amount of $7,897 from the Percent for the Arts account (08- 610- 9929 -9003) to an account created for the purchase of this art work. -- lorrill --- - -- Ch City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Nathan Harper, Chair Roanoke Arts Commission Susan Jennings, Art and Culture Coordinator 141t MOUNTAIN VIEW neighborhood association Susan Jennings Arts and Culture Coordinator City of Roanoke Department of Economic Development 117 W. Church Ave Roanoke VA 24011 -1905 June 19, 2012 Dear Susan, We of Mountain View Neighborhood Association are pleased to hear of the Arts Commission approval of permanently acquiring the `9n Flux" sculpture for Vic Thomas Park. It is our hope that City Council will approve the funding for this. The City's dedication to parks, greenways and the arts are helping to grow our neighborhood in a positive way. We are working hard to make long -term improvements to our neighborhood. Public art goes a long way in helping lift up any neighborhood. We are especially pleased that this is happening at a time when we are part of the target area for HUD funding. We are on a positive course for the future and the inclusion of this type of public art really helps. Please keep us informed on the progress of acquiring this sculpture. Very truly yours, -- Valeria E. Alphin President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39436 - 070212. A RESOLUTION authorizing the City Manager to enter into an agreement with Roanoke County Parks, Recreation and Tourism for the continuation of therapeutic recreation services, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, an Agreement Between Roanoke County Parks, Recreation and Tourism for the continuation of therapeutic recreation services for citizens with disabilities for fiscal yen 2013, similar in form to the Agreement attached to the City Manager's letter dated July 2, 2012, to City Council, and approved as to form by the City Attorney. 2. Funding for such therapeutic recreation services for citizens with disabilities for the fiscal year 2013 shall not exceed $62,000. ATTEST: N,., �' , J -0� City Clerk K \Te1a0m,v,w,, kily council m1nwrrs \2012 \Ro the2peuHC recreation egr wish ike ho l CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 2, 2012 Subject: Therapeutic Recreation Agreement with Roanoke County Background: The Parks and Recreation department has worked in partnership with Roanoke County Parks and Recreation since 1987 to provide therapeutic recreation services for our citizens with disabilities. An Agreement has been prepared to ensure that the expectations, roles and responsibilities of the parties are clearly stated and outlined. The City provides the County funding not to exceed $62,000 for therapeutic recreation services for the fiscal year, which is representative of the percentage of City residents that the County serves through its therapeutic recreation programs. Funding in the amount of $62,000 for the therapeutic recreation allocation is budgeted for FY 13. A copy of the proposed agreement is attached to this report. Considerations: In summary, the County shall operate, fund and manage a year -round therapeutic recreation program serving City and County residents with disabilities. The therapeutic recreation program shall consist of programs which provide specialized /leisure services that empower people with disabilities to gain the knowledge and skills for the development of a leisure lifestyle which meets their interests and needs. Recommended Action: Authorize the City Manager to execute the attached Agreement with Roanoke County for continuation of therapeutic recreation services, such agreement to be approved as to form by the City Attorney. - (� ----- ----------------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Steve Buschor, Director of Parks and Recreation Clayton B. Goodman, III, Roanoke County Administrator AGREEMENT Between Roanoke County Parks, Recreation and Tourism And Roanoke Parks & Recreation This Agreement ( "Agreement") is hereby dated this _day of 2012, by and between the City of Roanoke through its Parks & Recreation Department ( "City"), and Roanoke County, through its Punks, Recreation and Tourism Department ("County"). The parties believe it would be in the best interests of the citizens of the County and the citizens of the City to define, develop and expand the framework of cooperation between the City and County with respect to their activities designed to provide recreation for persons who have physical, mental, or social disabilities (`Services "). A continuation of the partnership between the City and the County to provide the Services will provide the taxpayers with improved effectiveness and efficiency in the delivery of the Services and avoid duplication of programs, thereby saving tax monies. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS Benefits to the City include an active partnership with the County to plan, coordinate and implement the Services for City residents while adhering to the principles of the Americans with Disabilities Act of 1990, as amended. Benefits to the County include designated funding from the City to reimburse the County for the provision ofthe Services. '•,)l111Lf1�•L• Yrt • )r 1. The County shall operate, fund and manage a year round therapeutic recreation program serving residents of the City and the County with disabilities. The therapeutic recreation program shall consist of programs which provide specialized leisure services that empower people with disabilities to gain the knowledge and skills needed for the development of a leisure lifestyle which meets their interests and needs. Such programs shall include the following: (1) The Summer ACE Program (a day camp for individuals with severe and profound developmental disabilities between the ages of five and 21); (2) All Pops Program (a year round recreation and leisure services for adult therapeutic recreation participants with any disability who is appropriate for the guidelines of the program; including socialization programs, daily life skill building, recreation and entertainment programs); (3) Mingle (a transition program that encourages socialization, decision making and skill building for young adults ages 18 -30 years old with any disability who meet the program eligibility guidelines); (4) TRIP's Program (a therapeutic recreation incentive program for Blue Ridge Behavioral Healthcare clients with psychiatric disabilities); (5) Sign Language services and programs including the HANDS Group (social opportunities for citizens who are interested in sign language communication) and KIDSIGN Group (a week- long day camp to introduce children to sign language through instruction and fun activities); (6) Other recreation programs for citizens who have disabilities. 2. The County shall appoint one staff person to be the point of contact for all communications, negotiations, scheduling, etc. 3. The County shall provide a level of Services for the appropriate number of City residents as set forth in Attachment A in exchange for the level of financial and in -kind contributions from the City as set forth in this Agreement and Attachment A. The level of Services shall be for at least the five programs identified in Attachment A. 4. The County shall provide disability awareness training as needed for City staff on a date and time mutually convenient to the parties. 5. The County shall put the City brand, as set forth in Attachment B, on marketing pieces whenever the Services are promoted. The color brand shall be used whenever the marketing piece permits color to be used. Otherwise, the non -color brand may be used in the marketing piece. The size and location in the marketing pieces of the City brand shall be as agreed to by the parries. 6. The County shall provide staff members of the City guidance when determining reasonable accommodations for arty participant in a recreation program sponsored in part or in whole by the City. 7. The County shall provide to the City, on or before September 1 of each calendar year this Agreement is in place, a report of participation for the previous fiscal year (July 1 to June 30). The report shall include at least all of the information in Attachment A. S. The County shall provide to the City, on or before September 1 of each calendar year this Agreement is in place, an invoice for services rendered, and a cost of Services projection for the upcoming fiscal year. D. DUTIES OF THE CITY: 1. The City shall make an annual financial reimbursement to the County for Services provided by the County to City residents only. The Services will be quantified and specified by jurisdiction in Attachment A of this Agreement. Such payment shall be made on or before October 1 of each year this Agreement is in place. Such payment shall be for Services that were provided for the previous fiscal year (July I to June 30). 2. The City shall appoint one staff person to be the point of contact for all communications, negotiations, scheduling, etc. 3. The City shall provide adequate access to program space in facilities and parks owned and operated by the City for the provision of the Services. Use of these facilities by the County for the Services will be coordinated through City staff and will be coordinated with City program schedules. 4. The City shall work with the County to attempt to secure reasonable access to the facilities owned and operated by organizations with which the City has joint use agreements, including the Roanoke City School Board. Use of these facilities by the County for the services will be subject to the limitations of anyjoint use agreement, as well as other limitations imposed by the owners of such facilities. 5. The City shall provide transportation for participants from a location or locations agreed to by the parties to any activity included in the Services, but in no event shall the cost of such transportation exceed $615.00 per fiscal year, such amount to include driver costs, meals and admissions for the driver. Scheduling of transportation will be coordinated with the transportation needs of other City programs. The City further agrees to allow the County to purchase additional hours of transportation from the City at a rate equal to the City's direct costs for the transportation for use in the provision of the Services. Such direct costs shall include the driver's wages, the driver's meals, mileage at the applicable reimbursement rate in effect at the time the Services are perfmmed, and the driver's admissions to any facility. Scheduling of such transportation will be coordinated with other City program schedules. 6. The City shall provide advertising space in PLAY, the City's program brochure, for promoting the Services. The size and location of the advertisement shall be as agreed to by both parties. The City shall put the County brand, as provided electronically, on marketing pieces whenever the Services are promoted. no color brand shall be used whenever the marketing pieces permit color to be used. Otherwise, the non -color brand may be used in the marketing pieces. The size and location of the County brand in the marketing pieces shall be agreed to by the parties. 7. City residents participating in the Services under this Agreement, and eligible for financial assistance pursuant to the City's financial assistance criteria, shall be funded by the City. E. INSURANCE: The County shall comply with the insurance requirements set forth below: 1. Neither the County nor any subcontractor shall commence work under the Contract until the County has obtained and provided proof of the mquirod insurance coverages to Risk Management for the City of Roanoke, and such proof has been approved by Risk Management for the City of Roanoke. The County confirms to the City that all subcontractors to be used have provided County with proof of such insurance, or will do se priorto commencing any work under the Contract 2. County, including all subcontractors, shall, at its sole expense, obtain and maintain during the life of the Contract the insurance policies and/or covcmgcs required by this section. The City and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and/or self insurance such additional insureds may have. The County shall immediately notify in writing the City of any changes, modifications, and/or termination of any insurance coverages and/or policies required by this Contract. The County shall provide to the City with the signed Contract an Accord Certificate of Insurance which states in the description of operations section one of the two paragraphs below: (a) The City and its officers, employees, agents assigns, and volunteers are additional insureds as coverage under this policy includes ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement. If additional insured status is automatic under a different coverage form, County roust attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by County and any subcontractors under this Contract. OR (b) ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by County under the Contract, to the City and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. A copy of the binder confrmring the issuance must be attached to the certificate. Any required insurance policies shall be effective priorto -the beginning of any work or other performance by County and any subcontractors under the Contract. 3. The minimum insurance policies and/or coverages that shall be provided by the County, including its subcontractors, including the following: (a) Commercial General Liability: $1,000,000.00 $1,000,000.00 General Aggregate Limit (ot her than Products/Completed Operations). $1,000,000.00 Products/Completed Operations Aggregate Limit. $1,000.000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $1,000.000.00 each occurrence limit Coverage must specifically include abuse and molestation (b) Automobile Liability: $1,000,000.00 combined single limit with applicable endorsement to cover waste cargo. (c) Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit $100,000.00 Bodily Injury by Disease each employee (d) Miscellaneous Professional Liability Coverage for any licensed professional $1,000,000.00 limit per occurrence. (e) The required limits of insurance for the contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability politics, provided that such umbrella liability policy follows the form of the underlying primary coverage. (f) Such insurance policies and/or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and/or other matters to be provided under the Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, County's and its subcontractors' insurance company shall waive rights of subrogation against the City and its officers, employees, agents, assigns, and volunteers. (g) County shall provide such other insurance policies and/or coverages that may be required by other parts of this Contract. proof of Insurance Coverage: (a) County shall furnish the City with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. (b) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such wavier shall be specified on the certificate of insurance. 5. Insurance coverage shall be in a form and with an insurance company approved by the City, which approval shall not be unreasonably withheld. Any insurance company providing coverage under the Contract shall be authorimil to do business in the Commonwealth of V irginiz. 6. The County's insurance policies and/or coverages shall not contain any exclusions for the County's subcontractors. 7. The continued maintenance of the insurance policies and coverages required by the Contract is a continuing obligation, and the lapse and/or termination of any such policies or coverages without approved replacement policies and/or coverages being obtained shall be grounds for termination of the County for default 8. Nothing contained in the insurance requirements is to be construed as limiting the liability of the County, and/or its subcontractors, or their insurance carriers. The City does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect the County's interest or liabilities, bra are merely minimums. The obligation of the County, and its subcontractors, to purchase insurance shall not in any way limit the obligations of the County in the event that the City or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for the City to seek any recovery against the County's insurance company before seeking recovery directly from the County. 1;MM a77I Zi]`./:\ it p:LiIIIFTfi7M I. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by both parties. 2. The initial term of this Agreement shall be from July 1, 2012, until June 30, 2013. This Agreement shall be renewed for up to four (4) additional one -year terms thereafter, unless the Agreement is sooner terminated. During or after the initial term, either party may terminate this Agreement for cause or no cause with one year's notice, in writing, due no later than June 30 of any temm this Agreement is in force and effect 3. All funds for payments required of the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City Council of the City of Roanoke. In the event of nonappropriation of funds by the City Council of the City of Roanoke for the Services provided under this Agreement, this Agreement, without termination charge or other liability of the City, shall be considered terminated on the last day of the then current fiscal year or when the appropriation made for the then current year for the Services covered by this Agreement is spent, whichever event occurs first If funds are not appropriated at any time for the continuance of this Agreement, cancellation will be accepted by the County on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City of Roanoke shall not be obligated under this Agreement beyond the date of termination. 4. The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights express or implied, upon any third person unless otherwise expressly provided for herein. IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first above written: LUO N1104150) y7i"04)114M By: Stephanie M. Moon, CMC Christopher P. Morrill City Clerk City Manager ATTEST: COUNTY OF ROANOKE In Clerk to Board By:V Clayton B. odman, BI County Administrator Approved as to Form: Approved as to Execution: Attorney County Attorney Director of Finance Assistant City Attorney STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 E -man: rkrk@roano keva.gov July 2, 2012 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. 39437 - 070212 to readopt and reenact the Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 2, 2012, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure PC: Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations The Honorable Donald S. Caldwell, Commonwealth Attorney The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick S. Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39437 - 070212. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code "); WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code "); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters I through 36.2, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuantto Section 12 of the City Charter, the secondreading of this ordinance by title is hereby dispensed with. 1��1-- �AT-TEST: r4'°� I City Clerk. K,WessuresWearly Measures a012treadopr ofry code 2012.doo Timothy R. Spencer TELEPHONE 340- 833 -2431 Acting City Attorney F.4ti 540 -853 -1221 EMAIL: cin- .am- Cmanokeca.goc July 2, 2012 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Reenactment of Cite Code Dear Mayor Bowers and Council Members: Steven J. Taleci Gary E. Tegenkamp David L. Collins Heather P. Ferguson Assistant City Attorneys Since 1982, City Council has reenacted and reeodifred the City Code on an annual basis in order to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code. This procedure ensures that the ordinances codified in our Code incorporate the most recent amendments to State law. Incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy provisions of State statutes in their entirety. In addition, the technique ensures that local ordinances are always consistent with the State law as is generally required. The procedure whereby a local governing body incorporates State statutes by reference after action of the General Assembly has been approved by the Attorney General. See Report of the Attorney General (1981 -1982) at 272. I recommend that Council adopt the attached ordinance to readopt and reenact the Code of the City of Roanoke (1979), as amended. If the attached ordinance is not adopted, City Code sections incorporating provisions of the State Code amended at the last Session of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under these City Code sections. Sincerely yours, / Tj¢fo�ySpcncer �vtmg City Attorney LSC/l Attachment c: Christopher P. Morrill, City Manager The Honorable Donald S. Caldwell, Commonwealth's Attorney Christopher Perkins, Chief of Police Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464MUNIC:IPAI. BUILDING 211 CHURCH AVENUE, SIV RO.i.NOKE, VIRGINLA, 24011 -1595 Timothy R. Spencer TELEPHONE 340- 833 -2431 Acting City Attorney F.4ti 540 -853 -1221 EMAIL: cin- .am- Cmanokeca.goc July 2, 2012 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Reenactment of Cite Code Dear Mayor Bowers and Council Members: Steven J. Taleci Gary E. Tegenkamp David L. Collins Heather P. Ferguson Assistant City Attorneys Since 1982, City Council has reenacted and reeodifred the City Code on an annual basis in order to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code. This procedure ensures that the ordinances codified in our Code incorporate the most recent amendments to State law. Incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy provisions of State statutes in their entirety. In addition, the technique ensures that local ordinances are always consistent with the State law as is generally required. The procedure whereby a local governing body incorporates State statutes by reference after action of the General Assembly has been approved by the Attorney General. See Report of the Attorney General (1981 -1982) at 272. I recommend that Council adopt the attached ordinance to readopt and reenact the Code of the City of Roanoke (1979), as amended. If the attached ordinance is not adopted, City Code sections incorporating provisions of the State Code amended at the last Session of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under these City Code sections. Sincerely yours, / Tj¢fo�ySpcncer �vtmg City Attorney LSC/l Attachment c: Christopher P. Morrill, City Manager The Honorable Donald S. Caldwell, Commonwealth's Attorney Christopher Perkins, Chief of Police Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 .c Roanoke, Virginia 24011 -1536 Telephone: (540)853-2541 Fax: (540)853 -1145 STEPHANIE M. MOON, MMC E -mail: elerk&oanokeva.,r, City Clerk July 2, 2012 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. 39438- 070212 amending §7 -7, Building code board of appeals created; composition, of Article II, Building Code, of Chapter 7, Building Regulations, and §12 -8, Amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 2, 2012, and is in full force and effect upon its passage. Enclosure Sincerely, rn. YY�D�nJ Stephanie M. Moon, MMC l City Clerk PC: Timothy R. Spencer, Acting City Attorney Ann H. Shawver, Director of Finance Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick S. Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Jeffrey Shawver, Building Commissioner Dan Webb, Codes Compliance Coordinator Daniel Rakes, Fire Marshal tAff IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2012. No. 39438- 070212. AN ORDINANCE amending §7 -7, Building code board of appeals created: composition, of Article II, Building Code, of Chapter 7, Building Regulations, and §12 -8, Amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Eire Code Board of Appeals; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. Section 7 -7, Building code board of appeals created; composition, of Article H, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, is hereby amended by changing the name and composition of the Building Code Board of Appeals, a permanent Board of City Council, and shall read and provide as follows: Sec. 7 -7. Building and fire code board of appeals created composition. Pursuant to the building code, there is hereby created a building and fire code board of appeals, which shall consist of €ivenine (59) members and tae- (2��who shall be appointed by city council. The building and fire code board of appeals shall have jurisdiction to consider appeals pursuant to the building code, as the same is amended from time to time by the state board of housing and community development. 2. Section 12 -18, Amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, is hereby amended by creating the Building and Fire Code Board of Appeals, and shall be amended to read and provide as follows: Sec. 12 -18. Amendments. The Statewide Fire Prevention Code adopted by the city is hereby amended as set out in the following paragraphs of this section. Unless indicated to the contrary, section numbers appearing in this section refer to such numbers as they appear in the Virginia Statewide Fire Prevention Code adopted by the city. .�s Sec. 112.1.1 is added to read as follows: Sec 112.1.1 Building and fire code board of appeals. Pursuant to the Statewide Fire Prevention Code, there is hereby created a building _and fire code board of appeals, which shall consist of nine (9) members who shall be appointed by city council The building and fire code board of appeals shall have jurisdiction to consider appeals pursuant to the statewide fire prevention code, as the same is amended from time to time by the state board responsible for the maintenance of the fire code. . . x Pursuant to Chapter 12 of the Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A It e' 1• ", City Clerk. i ANN H. SHAW VLR. CPA D,,o,rofl'irence July 2, 2012 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011 -1220 10epM1Unc (540)85]$821 Fax (540)855b142 Dear Mayor Bowers and Members of City Council: Subject: May Financial Report - City of Roanoke ANDREA F. TRENT A,,isem Dirccmr of Firema The following financial report provides commentary on the City's financial results for the eleven months ended May 31, 2012. May Performance Summary Year -to -date revenues in FYI through May decreased 0.6% or $1,409,000 from last year as presented in the accompanying financial statement. In comparison, the budgeted increase is 0.3% when comparing the FYI adopted budget against the FYI final results. Budgeted growth is higher than actual growth through May, in part due to the fact that the City is no longer being reimbursed for Daycare from the Commonwealth. This change in payment handling also includes a corresponding reduction in expenditures. The removal of on- street parking and the loss of Commonwealth Building rental from the General Fund also cause differences in the FYI vs. FYI I revenue comparisons. Significant year -to -year variances are explained in further detail in this report. The Personal Property Tax revenue is a significant local tax collected in May and June. Though not fully reflected in this May report, using information available through the latter part of June, personal property revenue has grown 5% compared to the prior year. This reflects strong growth in an important component of Roanoke's local tax base. This revenue will slightly exceed its estimate for FYI 2. The expenditures in FYI 2 have increased 2.5% from the prior year as of May. The expenditure budget for FYI 2 is 1 .0% or $2.5 million higher than FYI 1 actual, therefore performance through May reflects a negative variance. A main driver of this was the employee stipend of $1.6 which was paid in November in FYI compared to June in FYI I . An additional 2% funding to Roanoke City Public Honorable Mayor and Members of Council July 2, 2012 Page 2 Schools also contributed to the increase from FYI 1 to FY12. The City will meet its overall expenditure budget for FY12 and carefully manages the budget to ensure obligations are met. Expenditure variances are described in further detail in the expenditure section of this report. Revenues: Commentary on the significant categories of revenues and /or significant revenue variances is provided as follows: General Property Taxes improved 1 .0% or $989,000 as a result of increases in Real Estate, Personal Property and Public Service taxes. For the year as a whole, Real Estate Tax revenues are anticipated to be slightly higher when compared to FYI . Through May, Real Estate Tax revenues are up $940,000 due to earlier collections in the current year of the April 5" installment. Public Service Corporation Real Estate and Personal Property Tax revenues increased $245,000 related to more receipt of revenue during May of FY12 versus June in FYI I. Personal Property taxes increased slightly as reported through May FYI 2. Local Tax revenues increased 2.6% or $1.6 million compared to the same period in FY11 . Business license taxes increased 4.5% through May related to an increased number of collections and higher gross receipts values. This and increases in other local taxes is indicative of continuing improvement in the Roanoke economy. Sales tax revenues as recorded through May for March YTD retail sales increased by 3.7 %, strong performance considering the relocation of one of the City's Walmart stores to Roanoke County. Recordation taxes improved 18.2 %, heavily influenced by the Grantee's tax for Center in the Square leaseholds. The Transient Occupancy tax performed well with growth of 3.9% as a result of increased travel into the City, improved amenities (dining areas and meeting rooms) and renovated facilities. Food and Beverage taxes increased 7.8 %, due to several restaurant additions in the Valley View area, the re- opening of the Market Building eateries and collections of delinquent accounts. Partially offsetting the increase was a 5.0% decline in the Communications Tax primarily caused by the impact of the City's portion ($241,000) of a $14.5 million refund by the state as well as a decrease in the Electric and Gas consumption taxes related to the milder winter weather. Honorable Mayor and Members of Council July 2, 2012 Page 3 Permits Fees and Licenses decreased 12.3% or $110,000 compared to FYI 1 . The majority of the decrease was in Building Inspection fees due to slow recovery of general construction activities. Fines and Forfeitures revenues decreased by 14.0% or $245,000 compared to FYI I as shown in the accompanying financial statement. Effective FYI 2, Parking Ticket revenues were moved to the Parking Fund. Adjusting for this change, revenues in this category increased 4.4% due to improved collections. Revenue from the Use of Money and Property declined by 42.9% compared to the same period in FYI 1 , due to the loss in rental income from the Commonwealth Building which is now privately owned. Adjusting for this change, revenues decreased 10.0% primarily a result of lower interest earnings. Miscellaneous Revenues declined 32.9% or $217,000 as a result of a decrease in tax sale proceeds and in payment in lieu of tax by non - profit organizations granted exemption from the real estate tax. The process and timeline from sale to the receipt of proceeds varies significantly based on the final approvals by the court of the sales terms. FYI 1 had a surplus payment due to tax sales from prior years which is not expected in FYI 2. Expenditures: The fiscal year 2012 General Fund expenditure budget totals $260.0 million and includes funding of approximately $1.4 million to cover contracts and purchase orders made during fiscal year 2011 but not paid by the end of that year. The current expenditure budget is 1 .0% higher than FYI l actual. General Fund expenditures and encumbrances through May were $230.9 million. Compared to the prioryear, expenditures increased 2.5% or approximately $5.7 million. Significant categorical variances are discussed as follows: Transfers to Debt Service Fund decreased by 23.9% or $4.5 million compared to FYI I . This variance was due to a change in the handling of school debt under the new school funding policy which resulted in a $6.3 million decrease. The school debt transfer decrease was offset by an increase in the school funding transfer. The reduction in the debt service transfer was partially offset by payments of $1.5 million which began in FYI for the 2010C, 201 OD and 2010E series bonds which were issued in August 2010. Transfers to School Fund increased by 12.3% or $7.7 million. Effective with FYI 2, the School funding formula changed. The funding under the formula is Honorable Mayor and Members of Council July 2, 2012 Page 4 higher, but the School Board now pays debt service to the City using funds provided through the formula. This change in funding for debt service did not, in- and -of- itself, increase overall funding available to schools. However, Roanoke Schools will receive more net funding from the City in FYI as a result of local tax growth. This was an increase of approximately 2 %. Nondepartmental expenditures decreased 30.5% or $1.5 million. This category primarily consists of transfers to other funds which can vary significantly from year to year. The FYI 2 decrease is primarily related to reduced transfers to the Capital Projects Fund in the current year. Transfers made at the end of FYI 1 offset the need to make some transfers in the current year. Partially offsetting these decreases was an increase in transfers to the Greater Roanoke Transit Company (GRTC). The GRTC transfer increased 40.6% when compared to FYI 1 . City Council approved a higher GRTC subsidy in FYI 2, resulting from higher fuel and medical insurance costs, in order to continue peak hours of service. Civic Facilities Fund In May, the Civic Center held 16 events with 7,595 attendees. This was 14 less events and 21,367 less attendees than in May 201 1. The number of May 2012 events fell nine short of budget while attendance fell short of budget by 4,682. Several events which had been anticipated did not occur. Event highlights for May included the World Wrestling Entertainment (WWE) Smackdown, an Alan Jackson concert, and the annual Drew Expo. For FYI 2 year -to -date, there have been 247 events with 227,184 attendees. This is an increase of 1 .2% or three more events, but a decrease of 8.0% or 19,849 less attendees compared with the same period in FYI I . The programming at the Civic Center covers a wide variety of entertainment events which causes comparisons between years to vary. The FYI year -to -date Operating Loss for the Civic Center was $1 ,057,000, an improvement of 13.5% or $165,000, from FYI l . Revenues increased by $467,000, while expenses increased by $302,000. The year -to -date Change in Net Assets for FYI was a decrease of $575,000, compared to a FYI 1 decrease of $761 ,000, an improvement of 24.5% or $186,000. June programming included a Yanni concert, the Virginia United Methodist Convention and the Miss Virginia Pageant. Global Spectrum, which manages the Civic facilities, currently projects net income for the entirety of FYI to be $108,000 better than the original FYI budget. Honorable Mayor and Members of Council July 2, 2012 Page 5 Parkina Fund The City's Parking Fund operates seven garages and five surface lots with a total FYI budget of just under $3.2 million. While each facility generates varying levels of income or loss, the Parking Fund as awhole meets all cash flow needs, including debt service, without a General Fund subsidy and generates sufficient working capital to fund facility improvements and repairs. The May FYI 2 year -to -date operating revenues increased 18.4% or $476,000 compared to FYI 1 . Facility revenues increased about 4.0% or $103,000, with the remaining revenue increase due to the inclusion of $373,000 in on- street parking ticket fines and fees. In previous fiscal years, parking ticket revenues were reported in the General Fund. Market Garage has a strong demand for short term parking and a waiting list for long term spaces. The Gainsboro Garage and the Higher Education Center Lot continue to benefit from the temporary relocation of Poff Building offices and residential parking demand. Tower Garage revenue, while still down, is showing signs of a rebound. Campbell Garage continues to improve due to reduced monthly rates and development along Salem and Campbell Avenues. Center in the Square Garage continues to experience declines from the ongoing building renovation. On the expense side, spending levels for FYI are up 13.5 %, or $249,000, compared to FYI 1. This is largely due to $181,000 of on- street parking administrative expense which was reported in the General Fund in prior years. Year -to -date maintenance expenses are up about $60,000, with all garages except Market Garage showing increases. The year -to -date Risk Management assessment increased $6,000, but was offset by reduced electric expenses. City of Roanoke Pension Plan The Pension Trust Fund experienced an investment loss of 0.3% for the fiscal year - to -date through May 2012, which reflects losses in the domestic equity, international equity, and convertible bond categories of investments and gains in the categories of fixed income and real estate. Investment performance for this period fell below the Policy Portfolio benchmark performance of 1.1 %, due to underperformance in the domestic equity and convertible bond investment allocations. Pension Plan investment decisions are made with a long -term view, and the Roanoke Plan has outperformed its benchmark on a three and five year measure. For the eleven month period ending May 31, 2012, Plan Net Assets decreased $19.2 million. This was a result of $10.9 million in employer contributions offset by $2.7 million in net investment losses and $27.3 million in benefit payments and Plan administrative expenses. Benefits Paid to Participants Honorable Mayor and Members of Council July 2, 2012 Page 6 increased 2.9% due to higher retirement allowances having been earned by more recent retirees. Closing In closing, the economy appears to be moderately expanding and global market strain is easing but continues to be viewed with caution. Turbulence on the stock market persists. The unemployment rate as of April 2012 decreased at the local, state and national levels. The Federal Reserve is continuing its policy to hold interest rates at all -time lows and predicts this to continue through 2014. Overall, City taxes remain stable thus far in FYI 2 with stable real property taxes and improved other local taxes. Sales tax has grown, and the City continues to benefit from consumer spending through the meals and lodging taxes. The City saw its first major increase in Business License taxes in several years in FYI with growth of approximately 4.5 %. Current financial results indicate revenues and expenditures should perform according to budget when adjusted for some timing issues which affect year -to -year comparability. Please contact me with any questions you have on these financial statements. Sincerely, Lam_ Ann H.Shawver Director of Finance Attachments Christopher P. Morrill, City Manager Timothy R. Spencer, Acting 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 Robyn L. Schon, General Manager, Global Spectrum Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent of Operations, Roanoke City Public Schools Revenue Source General Frontally Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Pro0edy Intergovemmental ChaMes for Services Internal Services Transfers From Other Funds Miscellaneous Revenue Total Expenditures General Government Judicial Annua bation Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepadmental Total CITY OF ROANOKE, VIRGINIA GENERAL FUND FOR THE ELEVEN MONTHS ENDED MAY 31, 2012 (UNAUDITED) Current Revenue Revenue Budget Budget Variance $ 103,575.000 $ 56.302 74,365,000 (11,069,419) 1,057,000 (276.453) 1,171,000 332,748 172.000 7.918 67,722,000 (22728,067) 7,345,000 (1076,211) 2,731,000 (556,191) 7,752 (429 %) 559,000 (116191) $ 258,704,752 $ (35,529,584) I 31 31302 95,581 80.54703,748 79,918 93,913 6,789 72,809 7,752 2 809 75,160 Actual Percent of Exgeaditum July 1 - May 31 Budget FY12 vs FY11 2010.2011 Recelve0 Variance $ 10264L827 100.1% 1.0% 61,69],111 85.1% 26% 890,418 738% (12.3 %) 1,748,615 128.4% (14.0 %) 314,819 104.6% (429 %) 48,040,113 664% (6.3 %) 6411263 85.3% (23 %) 2,169,961 75.9% (4.5 %) 10,565 00% (26.6%) 659740 79.2% (32.9 %) E 224,581 86.3% (0.6 %) STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Exgeaditum Unencumbered Budget Balance It 13,197,139 $ 1,188789 7,913,127 928,874 58,230,157 2,470,453 24,935,751 3,168,222 40,819,601 7878,140 9,240,709 732,084 6,041.047 1,017,277 14,191,207 (1048) 76,770,914 6.376.719 8,688,642 5,361952 $ 260,020,294 $ 29,122,462 Actual July 1 - May 31 2011 -2012 $ 12,007,350 6,984,253 55,759,704 21 767,529 32,941 461 8,508625 5023,770 14,192,255 70,394,195 3 326 690 E 230,905,832 Actual Percent of Julys - May 31 Budget FYI vs FYI 2010.2011 Obligated Variance It 11497,995 91.0% 44% 6,352,923 88.3% 99% 53,143,114 958% 49% 20,275,351 873% 74% 34,482,954 807% (4.5 %) 8341,147 92.1% 2.0% 4,970,779 83.2% 1.1% 18,654,761 100.0% (23.9 %) 62.668,339 917% 12.3% 4,784.222 38.3% (30.5 %) $ 225,171,$85 88.8% 2.5% 2 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE ELEVEN MONTHS ENDED MAY 31, 2012 (UNAUDITED) FY 2012 FY 2011 Operating Revenues Rentals $ 4,996,043 $ 4,276,126 Event Expenses 1,599,559 1,946,890 Advertising 146,852 134,403 Admissions Tax 554,656 542,913 Facility Surchargerricket Rebate 563,733 494,045 Commissions 151,706 147,652 Ancillary 84,767 89,380 Miscellaneous 127,170 126,056 Total Operating Revenues 8,224,486 7,757,465 Operating Expenses Personal Services 1,041,876 1,102,503 Operating Expenses 7,083,025 6,714,995 Management Fees 329,368 313,922 Depreciation 826,806 847,707 Total Operating Expenses 9,281,075 8,979,127 Operating Loss (1,056,589) (1,221,662) Nonoperatina Revenuesl(Expensest Other - (259) Investment Income 53,296 50,405 Interest Expense (572,321) (533,974) Net Nonoperating Expenses (519,025) (483,828) Loss Before Trsnsfers and Contributions (1,575,614) (1,705,490) Transfers and Contributions Transfer from Capital Projects Fund 54,922 - Transfer from General Fund 988,550 988,550 Transfer to Debt Service Fund (42,450) (43,650) Net Transfers and Contributions 1,001,022 944,900 Change in Net Assets $ (574,592) $ (760,590) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES 1,345,255 FOR THE ELEVEN MONTHS ENDED MAY 31, 2012 Depreciation (UNAUDITED) 755,083 Total Operating Expenses 2,099,966 FY 2012 FY 2011 Ooeratinn Revenues 741,093 Market Garage $ 460,845 $ 393,459 Elmwood Park Garage 522,503 530,626 Center in the Square Garage 265,497 279,978 Church Avenue Garage 598,935 595,493 Tower Garage 322,216 335,196 Gainsboro Garage 146,142 102,915 Campbell Garage 62,294 40,812 Williamson Lot 84,094 83,604 Higher Ed Center Lot 54,480 37,818 Market Lot 17,674 22,115 Elmwood Lot 72,095 73,778 Warehouse Row Lot 34,485 34,306 West Church/YMCA Lots 24,081 24,081 Off Street Parking Violations (All Locations) 29,613 37,750 On Street Parking Violations (1) 373,285 Total Operating Revenues 3,068,239 2,591,931 Ooeratina Expenses Operating Expenses (1) 1,345,255 1,095,755 Depreciation 754,711 755,083 Total Operating Expenses 2,099,966 1,850,838 Operating Income 968,273 741,093 Nonoueratina RevenuesltExoenses Investment Income 46,848 45,365 Interest Expense (661,539) (648,435) Net Nonoperating Expenses (614,691) (603,070) Income Before Transfers and Contributions 353,582 138,023 Transfers and Contributions Transfer from Capital Projects Fund 6,154 30,000 Transfer to Fleet Fund (17,500) Net Transfers and Contributions (11,346) 30,000 Change in Net Assets $ 342,236 $ 168,023 (1) On Street Parking activities transferred from the General Fund to the Parking Fund effective July 1, 2011. FY12 amounts include revenues through 5/31/12 and expenses through 3/31/12. 3 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MAY 31, 2012 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 MAY 31, 2012. BALANCE AT BALANCE AT BALANCE AT APR 30, 2012 RECEIPTS DISBURSEMENTS MAY 31, 2012 MAY 31, 2011 CONSOLIDATED FUNDS $62,067,819.99 $32,980,902.43 $22,853,093.19 $72,196,629.23 $70,580,25642 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 MAY 31, 2012. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN WELLS FARGO BANK CASH IN VALLEY BANK INVESTMENTS: 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 $244,180.82 3,003,863.16 2,942.37 13,500,992.50 791,226.28 38,512,918.90 6,000,000.00 21,021.70 10,118,482.51 $72,195,629.23 JUNE 11, 2012 EVELYN . POWERS, TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE ELEVEN MONTHS ENDED MAY 31, 2012 (UNAUDITED) FY 2012 FY 2011 Additions: Employer Contributions $ 10,879,676 $ 9,203,129 Investment Income Net Appreciation /(Depreciation) in Fair Value of Investments (7,471,970) 67,874,780 Interest and Dividend Income 5,481,639 5,703,155 Total Investment Gain /(Loss) (1,990,331) 73,577,935 Less Investment Expense 741,504 674,880 Net Investment Gain /(Loss) (2,731,835) 72,903,055 Total Additions $ 8,147,841 $ 82,106,184 Deductions Benefits Paid to Participants $ 26,948,753 $ 26,193,175 Administrative Expenses 350,157 350,830 Total Deductions 27,298,910 26,544,005 Net Increase /(Decrease) (19,151,069) 55,562,179 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 330,416,109 280,476,609 Fund Balance May 31 $ 311,265,040 $ 336,038,788 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS MAY 31, 2012 (UNAUDITED) Assets Cash Investments, at Fair Value Accounts Receivable Due from Other Funds Total Assets Liabilities and Net Assets Liabilities: Due to Other Funds Accounts Payable Total Liabilities Net Assets Held in Trust For Pension Benefits 0 FY 2012 FY 2011 $ 697,106 $ 810,982 313,015,262 337,610,019 24,191 10,664 318 10,761 $ 313,736,877 $ 338,442,426 $ 2,471,455 $ 2,403,630 382 8 2,471,837 2,403,638 $ 311,266,040 $ 336,038,788 7�1 City of Roanoke Financial Report Eleven Months Ended May 31, 2012 FY12 General Fund Overview • FY12 adopted budget 0.3% over FY11 actual. • Revenues YTD decreased 0.6% in FY12 compared to FY11 primarily a result of reductions in revenues from the Commonwealth. • Based on information through the end of June, Personal Property tax growth of 5.0% is expected. These revenues will exceed their estimate. • Other Local taxes increased 2.6% and includes favorable performance by Sales, Food & Beverage, Business License and Transient Occupancy taxes. • Expenditures are budgeted at 1 % over FY11 actual • Expenditures YTD increased 2.5% compared to FY11 primarily in the areas of Public Safety, Public Works and School funding offset by reductions in Health and Welfare and Transfers to other funds • With use of contingencies to cover exceptional costs and careful management of expenses, the General Fund is expected to remain within budget for the year. 2 Personal Property Tax Significantly Exceeding Prior Year Performance FY12 Revenue Estimate $18.432M I c 16 ° 14 12 10 8 Through 6122112 ■ Prior YTD Actual ■ YTD Actual ❑ FY12 Budget Tax due date was May 31st Revenues are 5.0% above last year and exceed the revenue estimate 18 15 12 0 9 6 3 0 Sales Tax Growth FY12 Revenue Estimate $18.515 M 10 Mo Ended 4/30 ■ Prior YTD Actual ❑ YTD Budget ■ YTD Actual Sales tax revenues year to date increased 2.9 %. The relocation of Walmart continues to have a negative impact as do some State Department of Taxation corrections in early FY11. Growth of 2% is projected for the year. 4 15 ,2 9 6 3 0 Meals Tax Leads Local Tax Growth FY12 Revenue Estimate $16.5 M 10 Mo Ended 4/30 ■ Prior YTD ❑ YTD Budget . YTD Actual Revenue increased 7.8% year- over -year and is 4.6% higher than FY 12 budget. Increased marketing programs, new restaurants in the Valley View area and increased delinquent collections related to payment arrangements continue to contribute to the variance. s BPOL (Business and Professional Occupational License) Tax Increased for the First Time in 3 Years 12 y 11 ° 10 g FY12 Revenue Estimate $11.513M 11 Mo Ended 5131 ■ Prior YTD Actual ■ YTD Actual ❑ FY12 Budget Tax due date was March 1 st Revenues are 4.5% above last year and exceed the revenue estimate Lodging Tax Exceeding Budget and Prior Year Transient Occupancy Tax Revenue Estimate $2.9 M 0 C 0 3 2.5 2 1.5 1 0.5 0 11 Mo Ended 5131 ■ Prior YTD ❑ YTD Budget ■ YTD Actual Lodging tax revenue increased 3.9% compared to FY11 and improved 4.0% compared to budget as a result of improved travel activity. Cigarette Tax Significantly Improved 2.5 2 U) r- 1.5 0 1 0.5 0 Cigarette Tax Revenue Estimate $2.393 M 11 Mo Ended 5131 ■ Prior YTD ❑ YTD Budget ■ YTD Actual Cigarette tax revenue has increased 5.1 % since FY11 and is 4.3% over budget. FY12 trend is improving compared to negative performance of FY11. 8 Admissions Tax Admissions Tax Revenue Estimate $0.429 M 0.5 0.4 N = 0.3 0 — 0.2 0.1 0 11 Mo Ended 5131 ■ Prior YTD ❑ YTD Budget ■ YTD Actual Admissions tax revenue has increased 2.8% since FY11 and is right on target with budget. G Funding From the Commonwealth 26% of Budget Budgeted revenues up $1.3 M or 2% from FY11 Non - categorical Shared Social Services Other Categorical $ 677,000 $ 432,000 $ 245,000 56.5% 6,929,000 6,887,000 42,000 0.6% 22,530,000 26,177,000 ( 3,647,000) ( 13.9 %) 14,859,000 14,544,000 315,000 2.2% 8.5% 80.3% 70.4% 77.9% • Non - Categorical increase related to state share of Recordation and Rental Car tax increases • Social Services decrease related to reduction of Foster Care and Day Care services • Other Categorical related to Street Maintenance reimbursements 10 Other Local Revenues All Other Revenues Comprise 5% Budget a Permits $ 781,000: $ 890,000 ( $109,000) (.12 3 %) 73.80/Q Fines & 1,504,000 1,749,000 ( 245,000) (14.0 %) 128.4% forfeitures Interest & 180,000 315,000 ( 135,000) (42.9 %) 104.6% rental Charges for 6,267,000 6,411,000 ( 144,000) ( 2.3 %) 85.3% services Internal 2,073,000 2,170,000 ( 97,000) (4.5 %) 75.9% services Miscellaneous 443,000 660,000 ( 217,000) (32.9 %) 79.2% Fines and Forfeitures decreased $308K due to the transfer of parking enforcement to the Parking Fund Interest and Rental decreased $115K due to the loss of Commonwealth Building rental revenue Miscellaneous decline related to decreased tax sales proceeds and payments in lieu of tax by non- I 1 profit organizations granted exemption from real estate tax Personnel (Salary /Benefit) Lapse Performing Ahead of Target $90 H C $80 $70 N N $60 R `n $50 Target Actual 11 Mo Ended 5/31 Fiscal Year savings currently projected at $1 M. YTD expenditure is .6% or $499,000 below target. 12 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Public Safety Overtime and Fire /EMS Part -Time Above Target Target Actual 11 Mo Ended 5/31 YTD expense 13% or $108,000 above target. The Fire /EMS Power Unit accounts for almost all of the overage and was a planned FY12 expenditure covered by salary lapse. The YTD target is $919,500. 13 N$1,500 x$1,000 R 3 $500 s $0 F- Workers' Compensation Expenses Above Target Target 11 Mo Ended 5/31 Actual YTD expense is 23.8% or $368,275 above target of $1.54M related to an increase in expenditures on large claims and as a result of several older claims with ongoing costs. 14 Comprehensive Services Act Expenses Below Target $10.0 $8.0 _ $6.0 0$4.0 $2.0 $0.0 FY 2011 Actual FY 2012 Actual Target 11 Mo Ended 5/31 YTD expenses are 4% or $336,000 below target of $8.4M. Reductions in expenditures relate to Foster Care services as more adoptions take place. This category continues to be viewed with caution due to uncertainty regarding final FY12 expenditures. 15 Residential Juvenile Detention Expenses Below Target $1,600 o $1,200 $800 0 r $400 Target Actual 11 Mo Ended 5/31 YTD expense 15% or $175,187 below target of $1,193,500 Im Solid Waste Tipping Fees Below Target $z, 50o $2,000 -- - - -.- __ - -- - $1.500 i $1.000 -- $500 $0 Target Actual 11 Mo Ended 5131 YTD costs are 9.4% or $194,000 below target of $2.05M. 17 Motor Fuel Expenses $2,000 $1,500 CO $1,000 t $500 ~ $0 Below Target Target Actual Ifi r-24I rr.UM YTD expense 5.1 % or $84,157 below a non - seasonally adjusted target of $1.62M. Costs are controlled by practice of contracting for fuel. m Civic Facilities Fund Comparative Statement of Revenues and Expenses For the Eleven Months Ending May 31, 2012 (Unaudited) Total Operating Revenues Total Operating Expenses Operating Loss Net Nonoperating Expenses Loss Before Transfers and Contributions Net Transfers and Contributions Change in Net Assets FY 2012 FY 2011 Variance $ 8,224,486 $ 7,757,465 6% 9,281,075 8,979,127 (3 %) (1,056,589) (1,221,662) 141/6 (519,025) (483,828) (7%) (1,575,614) (1,706,490) 8% 1,001,022 944,900 6% $ (674,592) $ (760,590) 25% • 247 events FY12 YTD which is an increase of 3 events over one year ago • May 2012 had nine fewer events than budget and fell short of budgeted attendees by 4,682 • May events included the WWE Smackdown, an Alan Jackson concert, and the annual Drew Expo • Increased operating revenues which outpaced increased operating expenses contributed to an operating loss improvement of 14% or $165,000 19 Parking Fund Comparative Statement of Revenues and Expenses For the Eleven Months Ending May 31, 2012 (Unaudited) FY 2012 FY 2011 Variance Total Operating Revenues $ 3,068,239 $ 2,591,931 18% Total Operating Expenses 2,099,966 1,850,838 (13 %) Operating Incorne 968,273 741,093 31% Net Nonoperating Expenses 614,691 603,070 (2 %) Income Before Transfers and Contributions 353,582 138,023 156% Net Transfers and Contributions (11,346) 30,000 (138 %) Change in Net Assets $ 342,236 $ 168,023 104% • Operating Revenues increased $476K primarily due to transfer of parking enforcement to Parking Fund in FY12 • Parking Fund operating expenses increased $249K and includes parking enforcement costs previously charged to the General Fund • Facilities continue to benefit from increased residential and transient parking offset by increases in maintenance expenses 20 Pension Plan Trust Performance Period Roanoke Pension Plan Policy One Month -4.7% -4.4% Fiscal YTD -0.3% 1.1% One Year -1.8% 0.1% Three Years 11.9% 11.2% Five Years 1.6% 1.0% 400 350 300 250 200 150 100 Market Value Assets (Millions) ■ Low (2/28/09) ■ 6/30/08 ■ 6/30/09 ■ 6/30/10 ■ 6/30/11 ❑ 4/30/12 ■ 5/31/12 ■ High (10/31/07) Asset Allocation 5/31/12 • US Equities • Cash Equiv • Real Estate ® Balanced • Convertibles • International Equities • US Fixed Income • International Emerging Equities • Infrastructure Funds Pension Plan assumed rate of return is 7.75% 21 Unemployment Trends Roanoke VA us ❑ Nov 11 ■ Dec 11 ■ Jan 12 ■ Feb 12 Mar 12 ■ Apr 12 April 2012 indicates a continuing decrease in unemployment rates of (0.3 %) for Virginia and Roanoke MSA and a significant decrease of (0.7 %) for the US despite revisions downward of March and April jobs added 22 City Performance Stable Through May • Revenues expected to meet budget • Almost all local taxes indicating positive trends • Several local taxes continue to demonstrate strong growth: meals, business license and lodging taxes in particular • Expenditures are expected to remain within budget for the year • Strong Enterprise Fund performance for Civic Facilities Fund and Parking Fund 23 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fas: (540) 853 -1145 E -mail clerk @ronmkeva.goc STEPHANIE M. MOON, MMC City Clerk July 3, 2012 Randall G. Simmons 624 Caldwell Street Roanoke, Virginia 24017 Dear Mr. Simmons: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 2, 2012, you were appointed as the Citizen at Large representative of the Towing Advisory Board for a term ending October 31, 2014. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required 'Yo read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Towing Advisory Board. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosures PC: Captain Monti Lee, Secretary, Towing Advisory Board, w /application Timothy Spencer, Acting City Attorney COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of July 2012, Randall Simmons was appointed as the Citizen at Large representative of the Towing Advisory Board for a term ending October 31, 2014. Given under my hand and the Seal of the City of Roanoke this third day of July 2012. City Clerk STEPHANIE M. MOON, MMC City Clerk Adam Boitnott 2769 Bobwhite Drive Roanoke, Virginia 24018 Dear Mr. Boitnott: 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 -mnkL HerkCroaaokva.... July 9, 2012 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 2, 2012, you were reappointed as a Commissioner to the Roanoke Redevelopment and Housing Authority, for a term of four years ending August 31, 2016. Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Sections 2.2 -3114 and 2.2 -3115, Code of Virginia (1950), as amended, I am required to furnish members of the Roanoke Redevelopment and Housing Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Inasmuch as a Financial Disclosure Form was filed by you for January 2012, you are not required to file another one. 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." Adam Boitnott July 9, 2012 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a Commissioner to the Roanoke Redevelopment and Housing Authority. Sincerely, 7° S`� i�'1.Ov J Stephanie M. Moon, MMC City Clerk SMM:jec Enclosures PC: Glenda S. Edwards, Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017/ w/ application 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 second day of July, 2012, Adam Boitnott was reappointed as a Commissioner of the Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2016. 2012. Given under my hand and the Seal of the City of Roanoke this ninth day of July, City Clerk STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk @roanokeva.gov July 9, 2012 Edward Garner 3717 Chesterton Street, S. W. Roanoke, Virgina 24015 Dear Mr. Gamer: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 2, 2012, you were reappointed as a Commissioner to the Roanoke Redevelopment and Housing Authority, for a term of four years ending August 31, 2016. 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. Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Sections 2.2 -3114 and 2.2 -3115, Code of Virginia (1950), as amended, I am required to furnish members of the Roanoke Redevelopment and Housing Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Inasmuch as a Financial Disclosure Form was filed by you for January 2012, you are not required to file another one. 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." Edward Garner July 9, 2012 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a Commissioner to the Roanoke Redevelopment and Housing Authority. Sincerely, Nbt>� Stephanie M. Moon, MMC City Clerk SMM:jec Enclosures PC: Glenda S. Edwards, Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017/ w /application 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 second day of July, 2012, Edward Garner was reappointed as a Commissioner of the Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2016. 2012 Given under my hand and the Seal of the City of Roanoke this ninth day of July, City Clerk July 10, 2012 Nelson D. Reed 3821 High Acres Road, N. W. Roanoke, Virginia 24017 Dear Mr. Reed: I am enclosing copy of Ordinance No. 39438 - 070212 amending Section 7 -7, Building Code Board of Appeals created: composition, Article II, Building Code, Chapter 7, Building Regulations, and Section 12 -8, Amendments, Article II, Fire Prevention Code, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals. At the regular meeting of Council on Monday, July 2, 2012, you were appointed as a member of the Building and Fire Code of Board of Appeals for a three -year term of office, commencing July 1, 2012, and ending June 30, 2015. Inasmuch as you have been appointed to serve on newly created Building and Fire Code Board of Appeals, please complete an application for appointment online at www.roanokeva.gov so that we may update our files. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Ckjcl /umha and quelifica5nns/Building and Eire Code Board ofAppealWNelson D. Recd calhdoc CITY OF ROANOKE �aa OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 85] -2541 Fax: (540) 85] -1145 STEPHANIE M. MOON, MMC E -mail: rlerWraanakeva.gov JONATHAN E CRAFT City Clerk Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk July 10, 2012 Nelson D. Reed 3821 High Acres Road, N. W. Roanoke, Virginia 24017 Dear Mr. Reed: I am enclosing copy of Ordinance No. 39438 - 070212 amending Section 7 -7, Building Code Board of Appeals created: composition, Article II, Building Code, Chapter 7, Building Regulations, and Section 12 -8, Amendments, Article II, Fire Prevention Code, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals. At the regular meeting of Council on Monday, July 2, 2012, you were appointed as a member of the Building and Fire Code of Board of Appeals for a three -year term of office, commencing July 1, 2012, and ending June 30, 2015. Inasmuch as you have been appointed to serve on newly created Building and Fire Code Board of Appeals, please complete an application for appointment online at www.roanokeva.gov so that we may update our files. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Ckjcl /umha and quelifica5nns/Building and Eire Code Board ofAppealWNelson D. Recd calhdoc Nelson D. Reed July 10, 2012 Page 2 Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." 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 Building and Fire Board Code of Appeals. S,inc�erely, S h rn St ep anie M. Moon, MM City Clerk Enclosures pc: Jeffrey Shawver, Building Commissioner Daniel Rakes, Fire Marshal Cktel /oaths and gaali5cancea c/ Bi Tiding and Fire Code Board of Appeals elson D. Reed oath.doc 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 second day of July 2012, NELSON D. REED was appointed as a member of the Building and Fire Code Board of Appeals, for a term of three years, commencing July 1, 2012 and ending June 30, 2015. 2012. Given under my hand and the Seal of the City of Roanoke this tenth day of July L"O.) �-n.YV\D City Clerk Ckjclloa�sand quaii6wmns/3uflmng end F6e Code Board orAppealsMelson D_Reed oath doe .: CITY OF ROANOKE OFFICE OF THE CITY CLERK - 215 Church Avenue, S. W., Suite 456 'w Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON, MMC E-mail: elerk@roanokeo.,in, Ciry Clerk July 10, 2012 Barry W. Baird 3815 Park Lane, S. W. Roanoke, Virginia Dear Mr. Baird: JONATHAN E CRAFT Deputy City Clerk CECELIA T_ W EBB Asalstn n Dep,ny Ciry Cloak I am enclosing copy of Ordinance No. 39438 - 070212 amending Section 7 -7, Building Code Board of Appeals created: composition, Article II, Building Code, Chapter 7, Building Regulations, and Section 12 -8, Amendments, Article ll, Fire Prevention Code, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals. At the regular meeting of Council on Monday, July 2, 2012, you were appointed as a member of the Building and Fire Code of Board of Appeals for a three -year term of office, commencing July 1, 2012, and ending June 30, 2015. Inasmuch as you have been appointed to serve on newly created Building and Fire Code Board of Appeals, please complete an application for appointment online at www.roanokeva.gov so that we may update our files. Facility. 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Ckjel /oaths and quali6wtionsBuilding end Firc Code Board of AppeelsBarry Baird oa,h.d- Barry Baird July 10, 2012 Page 2 Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." 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 Building and Fire Board Code of Appeals. Sincer I Sep anie M. Moon, City Clerk Enclosures PC: Jeffrey Shawver, Building Commissioner Daniel Rakes, Fire Marshal Ckjc 1!oat and qualificat ions /Building and Fire Code Boad of Appwlx amy Baird oath doe 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 second day of July 2012, BARRY BAIRD was appointed as a member of the Building and Fire Code Board of Appeals, for a term of three years, commencing July 1, 2012 and ending June 30, 2015. 2012. Given under my hand and the Seal of the City of Roanoke this tenth day of July City and gaalfScanonsBulding avd FG, Code Board or Ap,wIBam Mrdoethd.c 5 CEPHANIE M. MOON, MMC City Cl k CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fas: (540)853 -1145 E -mail: elerkCroanokeva.gov July 10, 2012 The Reverend William C. Holland 1450 Forest Park Boulevard, N. W. Roanoke, Virginia 24017 Dear Reverend Holland: JONATHAN E. CRAFT' Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39438 - 070212 amending Section 7 -7, Building Code Board of Appeals created: composition, Article II, Building Code, Chapter 7, Building Regulations, and Section 12 -8, Amendments, Article II, Fire Prevention Code, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals. At the regular meeting of Council on Monday, July 2, 2012, you were appointed as a member of the Building and Fire Code of Board of Appeals for a two -year term of office, commencing July 1, 2012, and ending June 30, 2014. Following the initial appointment, reappointments shall be for a three -year term of office. Inasmuch as you have been appointed to serve on newly created Building and Fire Code Board of Appeals, please complete an application for appointment online at www.roanokeva.gov so that we may update our files. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. CkjcI ioaths and quali 6caumisBuilding and Fire Code Board of AWwW W illiam L. Holland oathAx The Reverend William L. Holland July 10, 2012 Page 2 Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." 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 Building and Fire Board Code of Appeals. Sincerely, M. ° 1 • r f �nliYv Stephanie e M. Moon, MM City Clerk Enclosures PC: Jeffrey Shawver, Building Commissioner Daniel Rakes, Fire Marshal Ckjc I /oaOs and quahficeons/ Building ad Fire Code Board of App+lsW lia L Hollandoa[h.doe 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 second day of July 2012, WILLIAM L. HOLLAND was appointed as a member of the Building and Fire Code Board of Appeals, for a term of two years, commencing July 1, 2012 and ending June 30, 2014. 2012. Given under my hand and the Seal of the City of Roanoke this tenth day of July Ii City Clerk erk Ckjclloads and qualifications /Building and Fire Code Roard of Appealv�W illivn L. Holland oath.da !# 1 STEPHANIE M. MOON- MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 8538541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov July 10, 2012 Justin B. Biller 2336 Locust Grove Circle, N. E. Roanoke, Virginia 24012 Dear Mr. Biller: JONATHAN E_CRAFT Deputy City Clerk CECF.IJAT_WEBB Anaiannt Deputy Cry Clerk I am enclosing copy of Ordinance No. 39438 - 070212 amending Section 7 -7, Building Code Board of Appeals created: composition, Article II, Building Code, Chapter 7, Building Regulations, and Section 12 -8, Amendments, Article 11, Fire Prevention Code, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals. At the regular meeting of Council on Monday, July 2, 2012, you were appointed as a member of the Building and Fire Code of Board of Appeals for a three -year term of office, commencing July 1, 2012, and ending June 30, 2015. Inasmuch as you have been appointed to serve on newly created Building and Fire Code Board of Appeals, please complete an application for appointment online at www.roanokeva.nov so that we may update our files. Enclosed you will find a Certificate of your appointment and an Oath or Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Ckjcl /oaths end quallficz6ons/Building and Fire Code Board of Appeal5/Dan Brokaw oeth_do, Justin B. Biller July 10, 2012 Page 2 Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." 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 Building and Fire Board Code of Appeals. Sincerely, rn.�Stephanie M. Moon, MMC City Clerk Enclosures PC: Jeffrey Shawver, Building Commissioner Daniel Rakes, Fire Marshal Ckjc I /oaths end gw1ificationsBuldiag and Fwe Code Board of AWoah/ an Brokaw oath doc 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 second day of July 2012, JUSTIN B. BILLER was appointed as a member of the Building and Fire Code Board of Appeals, for a term of three years, commencing July 1, 2012 and ending June 30, 2015. 2012. Given under my hand and the Seal of the City of Roanoke this tenth day of July ryl vj City Clerk Ckjc I /oaths and gwli6wtions Banding and FGe Code Board of Appo,dsiDan Brokaw calh.doc STEPHANIE M. MOON, MMC Ciry Clark 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 @roanokeve.gm' July 10, 2012 Dan L. Brokaw 2040 Berkley Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Brokaw: JONATHAN E. CRAFT Depury Ciry Clerk CECELIAT WEBB Assistart Deputy City Clerk I am enclosing copy of Ordinance No. 39438 - 070212 amending Section 7 -7, Building Code Board of Appeals created: composition, Article II, Building Code, Chapter 7, Building Regulations, and Section 12 -8, Amendments, Article II, Fire Prevention Code, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals. At the regular meeting of Council on Monday, July 2, 2012, you were appointed as a member of the Building and Fire Code of Board of Appeals for a two -year term of office, commencing July 1, 2012, and ending June 30, 2014. Following the initial appointment, reappointments shall be for a three -year term of office. Inasmuch as you have been appointed to serve on newly created Building and Fire Code Board of Appeals, please complete an application for appointment online at www.roanokeva.gov so that we may update our files. Enclosed you will find a Certificate of your appointment and an Oath or Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Ckjc Voad,s and qualificadork Bridding and Fire Code Board of Appeala,Dan Brokaw oath doc Dan L. Brokaw July 10, 2012 Page 2 Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." 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 Building and Fire Board Code of Appeals. Sincer Stephanie M. Moon, MMC v City Clerk Enclosures PC: Jeffrey Shawver, Building Commissioner Daniel Rakes, Fire Marshal Ck,I ..It. Board of Appeals /Dan Brokaw oadt.doc 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 second day of July 2012, DAN L. BROKAW was appointed as a member of the Building and Fire Code Board of Appeals, for a term of two years, commencing July 1, 2012 and ending June 30, 2014. 2012. Given under my hand and the Seal of the City of Roanoke this tenth day of July �kQ .i Ck,Voaft andqualifications/Building and Fhe Code Board of Appeals/Dan Brokaw .a &o STEPHANIE M_ MOON, MMC 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 Email elerk©roanoWva.gov July 10, 2012 Kirk Bates 434 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Bates: JONATHAN E. CRA Deputy City Clerk CECELJAT_ WEBB Assistant Deputy City Clak I am enclosing copy of Ordinance No. 39438- 070212 amending Section 7 -7, Building Code Board of Appeals created; composition, Article II, Building Code, Chapter 7, Building Regulations, and Section 12 -8, Amendments, Article II, Fire Prevention Code, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals. At the regular meeting of Council on Monday, July 2, 2012, you were appointed as a member of the Building and Fire Code of Board of Appeals for a one -year term of office, commencing July 1, 2012, and ending June 30, 2013. Following the initial appointment, reappointments shall be for a three -year term of office. Inasmuch as you have been appointed to serve on newly created Building and Fire Code Board of Appeals, please complete an application for appointment online at www.roanokeva.gov so that we may update our files. Enclosed you will find a Certificate of your appointment and an Oath or Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Ckjc /oaths and gaalifient ions /Building and The Code Board of Appeals/KGrk Bates oath. do, Kirk Bates July 10, 2012 Page 2 Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." 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 Building and Fire Board Code of Appeals. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosures PC: Jeffrey Shawver, Building Commissioner Daniel Rakes, Fire Marshal Ck, I /oaths end quali5cetionsBuilding and F., Code Board of ApPeels/Kirk Bates.A do 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 second day of July 2012, KIRK BATES was appointed as a member of the Building and Fire Code Board of Appeals, for a term of one year, commencing July 1, 2012 and ending June 30, 2013. 2012. Given under my hand and the Seal of the City of Roanoke this tenth day of July �tJ hot City Clerk ��.•. C jclloa N end qualifio HovsBuilding and Fre Code Board of Ap .IdKirk Bates o.0 &c c a STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -tail: clerkCroaookeva.gov July 10, 2012 Justina K. Megginson 3339 Circle Brook Drive, S. W., Apt. 3i Roanoke, Virginia 2408 Dear Ms. Megginson: JONATHAN E. CRAFT Deputy City Clerk CECELIAT. WEBB Ae ustent Deputy City Clerk I am enclosing copy of Ordinance No. 39438- 070212 amending Section 7 -7, Building Code Board of Appeals created; composition, Article II, Building Code, Chapter 7, Building Regulations, and Section 12 -8, Amendments, Article II, Fire Prevention Code, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals. At the regular meeting of Council on Monday, July 2, 2012, you were appointed as a member of the Building and Fire Code of Board of Appeals for a one -year term of office, commencing July 1, 2012, and ending June 30, 2013. Following the initial appointment, reappointments shall be for a three -year term of office. Inasmuch as you have been appointed to serve on newly created Building and Fire Code Board of Appeals, please complete an application for appointment online at www.roanokeva.gov so that we may update our files. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by a Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Ck,l /oaths and qualifiwtionsBoildiog snd Flre Code Bnafd of APPeal0.etina Megginsoo oath4or Justina K. Megginson July 10, 2012 Page 2 Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." 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 Building and Fire Board Code of Appeals. Sincerely, r,n,�,.V1 Stephanie V City Clerk Enclosures pc: Jeffrey Shawver, Building Commissioner Daniel Rakes, Fire Marshal Ck,l /oaths and and R,r C.& Board or Appeal ]ueana Ma gins noA.d.c 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 second day of July 2012, JUSTINA K. MEGGINSON was appointed as a member of the Building and Fire Code Board of Appeals, for a term of one year, commencing July 1, 2012 and ending June 30, 2013. 2012. Given under my hand and the Seal of the City of Roanoke this tenth day of July City Clerk Ckjcl /oaths and qualificatlonslBuilding and Aire Code Board of Appealsllusbna Megginson oath deo