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HomeMy WebLinkAboutCouncil Actions 12-03-12 ROSEN 39547-120312 ROANOKE CITY COUNCIL STATE LEGISLATORS DECEMBER 3, 2012 9:00 A.M. CITY COUNCIL CHAMBER ROOM 450 AGENDA NOTICE This morning's meeting and briefings will be televised live and replayed on RVTV Channel 3 on Thursday, December 6 immediately following the 2:00 p.m., session at 7:00 p.m.; and Saturday, December 8 at 4:00 p.m. Council Meetings are offered with closed captioning for the hearing impaired. 1. Call to Order - Roll Call. —All Present 2. Welcome. Mayor David A. Bowers. The Mayor made the following announcements: Vice-Mayor Rosen's birthday on December 1, 2012. Introduced the new Director of Economic Development, Wayne Bowers. Mayor's Office Open House to be held from 4:30 p.m. - 6:00 p.m., in the Mayor's Office. 3. Presentation of the City/School 2013 Legislative Program. Council Member Raphael E. Ferris, Chairman, Legislative Committee. 4. Closing Remarks by Area State Legislators, Council Members, School Board Trustee Dick Willis, and City Officials. 5. Recessed — 11:00 a.m. AT 11:22 A.M., THE COUNCIL MEETING RECONVENED TO CONSIDER THE FOLLOWING AGENDA ITEMS: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. 7-0 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property to develop recreational uses on portions 2100 Countryside Road and 0 Ben Street, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. 7-0 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being the Historic Fire Station No. 1 located at 13 Church Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. 7-0 ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. The Mayor advised that the Fiscal Cliff/Sequestration briefing would be held at the 2:00 p.m. session and the Parks and Recreation Foundation Formation briefing was withdrawn. BRIEFINGS: • Fiscal Cliff/Sequestration - 30 minutes Moved to the 2:00 p.m. session • Homeless/Continuum of Care - 30 minutes • Parks and Recreation Foundation - 15 minutes Formation Withdrawn 2 • Downtown Parking Overview - 45 minutes (EPA Technical Report) AT 12:55 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 2:00 P.M., FOR CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451, NOEL C. TAYLOR MUNICIPAL BUILDING. 3 titonto .:i,�S t r ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 3, 2012 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. All Present. The Invocation was delivered by The Reverend Tina R. Cox, Pastor, Three Oaks United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 6 at 7:00 p.m., and Saturday, December 8 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. 4 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 EXPIRATIONS OF TERMS OF OFFICE: BOARD OF ZONING APPEALS - ONE THREE-YEAR TERM OF OFFICE BOARD OF TRUSTEES, CITY OF ROANOKE PENSION PLAN - ONE UNEXPIRED TERM OF OFFICE CITY PLANNING COMMISSION - FOUR FOUR-YEAR TERMS OF OFFICE ROANOKE ARTS COMMISSION - ONE UNEXPIRED TERM OF OFFICE ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION - ONE THREE-YEAR TERM OF OFFICE ON THE OCCASION OF THE HOLIDAY SEASON, THE MAYOR ANNOUNCED HOSTING AN OPEN HOUSE IN THE MAYOR'S OFFICE TODAY FROM 4:30 P.M. TO 6:00 P.M., ROOM 452, FOURTH FLOOR, IN THE NOEL C. TAYLOR MUNICIPAL BUILDING. OPEN TO THE PUBLIC. NO APPOINTMENT NECESSARY. 5 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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. Chris Craft, Robert Gravely and Larry Black appeared before the Council. 4. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. The Mayor called attention to two requests for public hearing from the City Manager and City Attorney. C-1 A communication from the City Manager requesting that Council schedule a public hearing for Monday, December 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the conveyances by fee simple of one parcel of City-owned property, one permanent drainage easement, one permanent traffic signal easement, and four temporary construction easements across City-owned properties, along the 10th Street corridor to the Virginia Department of Transportation in connection with certain improvement projects. RECOMMENDED ACTION: Concurred in the request. C-2 A communication from the City Attorney requesting that Council schedule a public hearing for Monday, December 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to amend Ordinance No. 39511-091712, adopted by the Council on September 17, 2012, in connection with the Countryside Master Plan and changing of the land designation of the Portland Planning Area from Agriculture to Recreation. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Manager recommending adoption of the Calendar of Events for Budget Development Activities for Fiscal Year 2013-2014. RECOMMENDED ACTION: Concurred in the request. 6 C-4 Reports of qualification of Samuel Roman and Trista Wallace (Law Enforcement) as members of the Towing Advisory Board for three-year terms of office, each, ending October 31, 2015; and Dennis B. Light as a member of the Fair Housing Board to fill the unexpired term of office of Deirdre Williams ending March 31, 2015. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Fiscal Cliff/Sequestration - 30 minutes ITEMS RECOMMENDED FOR ACTION: 1. Execution of a Sales Contract between the City of Roanoke and Times World, LLC, for the purchase of the Mill Mountain Tower and Transmitter Building; and appropriation of funds. Adopted Ordinance No. 39547-120312 and Budget Ordinance No. 39548-120312 (7-0). 2. Approval of additional holiday leave consisting of all day on Monday, December 24, 2012 and Monday, December 31, 2012 for all City employees in recognition of outstanding service throughout the year. Adopted Resolution No. 39549-120312 (7-0). COMMENTS BY CITY MANAGER. The City Manager shared the following comments: Award The Department of Public Works has won a 2012 Safe and Sustainable Snow fighting award from the Salt Institute. • This recognition is for excellence in environmental consciousness and effective management in the storage of winter road salt. 7 • Only 145 local agencies in the United States and Canada received this recognition • This is a great honor and a testament to Roanoke's on-going commitment to both resource and environmental stewardship. Announcement The City will hold a mandatory workshop for agencies and organizations requesting Fiscal Year 2013-2014 funding: • Friday, Dec. 14, 9 a.m. in City Council Chambers • The workshop will cover any organization or agency requesting funding from the Human Services Committee, Arts Commission or through a General Fund appropriation. • Additional information is available by contacting Mike Shockley in the Department of Management and Budget if you need additional information at 853-6403 or emailing him at michael.shockley(a)roanokeva.00v Upcoming Event Dickens of a Christmas — a Signature Event for Downtown Roanoke — will be held on Fridays in December: • Dec. 7 — the Annual Tree Lighting Ceremony takes place starting at 5:30 p.m. Mayor Bowers will officiate. • Dec. 14 —the Christmas Parade will begin at 6 p.m. • Dec. 21 —the SPCA Pet Costume Contest will be held beginning at 6 p.m. b. DIRECTOR OF FINANCE: 1. Financial Report for the month of October 2012. Received and filed. 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 8 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. In connection with the public hearing held on November 19 to receive citizen comments regarding the reduction in the number of voting precincts from 33 to 19, Council Member Lea suggested that the matter be discussed further at the December 17 meeting. Council Member Bestpitch suggested that a workgroup be formed comprised of representatives from the Roanoke NAACP Branch, SCLC, Roanoke City Schools, Roanoke Neighborhood Advocates, Blue Ridge Independent Living Center (Disabled Community), Republican and Democratic parties, Electoral Board, and other appropriate organizations to discuss the challenges and find a solution that allows for buy in from the citizens. Consensus that the matter would be discussed at the December 17 meeting. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. At 3:25 p.m., the Council meeting recessed for continuation of Closed Meetings in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 4:24 p.m., the meeting reconvened in the Council Chamber. Appointed James E. Smith to replace Fredrick M. Williams and reappointed Chad Van Hyning, Lora J. Katz and Mark Futrell as members of the City Planning Commission for four-year terms of office, each, commencing January 1, 2013 and ending December 31, 2016. Appointed Benjamin S. Crawford as a member of the Roanoke Arts Commission to fill the unexpired term of office of Scott I. Burton ending June 30, 2014. Appointed Gregory W. Feldmann as a City representative of the Board of Trustees, City of Roanoke Pension Plan to fill the unexpired term of office of Jeffrey Rakes ending June 30, 2013. Appointed Steven Trompeter to replace Phillip Lemon as a member of the Board of Zoning Appeals for a three-year term of office commencing January 1, 2013 and ending December 31, 2015. Appointed James M. Bullington to replace Jay Foster as a City representative of the Roanoke Valley-Alleghany Regional Commission for a term of office ending June 30, 2015. CERTIFICATION OF CLOSED MEETING. (7-0) 12. ADJOURNED - 4:26 P.M. 9 2013 LEGISLATIVE AGENDA CITY OF ROANOKE „.4 T1 1 Atria I Iii i■ L tt6 h frA INTRODUCTION The City Council is pleased to commend this Legislative Program for consideration by the 2013 Session of the General Assembly. The City Council, representing all the people of our Six-Time All-America City, is uniquely qualified to understand the legislative needs of City government and our people. We are of the opinion that this Program is responsive to those needs. As a policy matter, we continue to believe that local governments are the best vehicles for the delivery of many services to the public because local governments are closest to the people and the most responsive. We continue to be concerned about the cumulative effect of Federal and State legislative and regulatory mandates, many of which are unfunded, the continued erosion of local revenue sources, and the State's fiscal woes. This Program is a combined Program for City Council and the School Board. You will note that we have made a conscientious effort to pare our Program down to the issues that we believe are most important to the citizens of this City. The City Council portion was prepared by the City Attorney,Daniel Callaghan,with the assistance of comments and suggestions from Council members, City administrators, and citizens. The School Board portion was prepared with the assistance of advice and comments from the School Board and administrators. The entire Program has been carefully reviewed by City Council's Legislative Committee, which consists of all the members of Council, and Annette Lewis and Dick Willis of the School Board. Upon the recommendation of the Legislative Committee,the Program was adopted and endorsed by City Council on November 19, 2012. See Resolution No. 39540-111912 a copy of which is attached. If during the course of the Session our legislators have questions concerning the position of the City or School Board on legislative matters, they are encouraged to contact us. I also know that representatives of the City and School Board will be in contact with our legislators on many occasions during the 2013 Session,and their consideration of these communications is deeply appreciated. With the support of our legislators, and this City is fortunate to have legislators who are most supportive and responsive to the needs of our City and its citizens, I know that our City government and School Division will be improved and that the quality of life for our citizens will be advanced. David A. Bowers, Mayor CITY COUNCIL SCHOOL BOARD David A. Bowers, Mayor David Carson, Chair Court G. Rosen, Vice-Mayor Todd Putney, Vice-Chair William D. Bestpitch Mae G. Huff Raphael E. Ferris Annette Lewis Sherman P. Lea Suzanne Moore Anita J. Price Lori E. Vaught Dr. David B. Trinkle Dick Willis CITY MANAGER SUPERINTENDENT Christopher P. Morrill Dr. Rita D. Bishop Daniel J. Callaghan City Attorney 464 Noel C. Taylor Municipal Building, Roanoke, VA 24011 540-853-2431 Roanoke City Council 2013 Legislative Program Adopted November 19, 2012 In addition to the local issues discussed below, we incorporate the Virginia Municipal League's 2013 Legislative Program and policy statements which can be found at http://www.vml.org/Legact.html Passenger Rail Service The City of Roanoke thanks the Governor and the General Assembly for providing State funding to operate the Smart Way Connector bus service between Roanoke and Lynchburg for FY 13. The City of Roanoke strongly supports efforts by the Virginia Department of Rail and Public Transportation to extend passenger rail service from Roanoke to Lynchburg and then to Washington, D.C. It is our desire that this service begin operations as soon as possible. The City of Roanoke is committed to doing its part by constructing a passenger rail station. The City calls on the General Assembly to enact legislation in the 2013 Legislative Session that will provide a dedicated revenue source to fund intercity passenger rail service in Virginia. As Roanoke is the largest city in Virginia without passenger rail service, priority should be given to funding and operating passenger rail service between Roanoke and Lynchburg. Local Aid to the Commonwealth The Commonwealth of Virginia has balanced its budget by failing to meet its obligations to Virginia's local governments. We call on the General Assembly to meet its obligations to local governments and constitutional officers by ending its budgetary raid on Aid to Localities. The City supports budget amendments in the 2013 legislative session to restore the $50 million reduction included in the FY13 budget, and supports eliminating this across-the-board reduction in FY14 and in any future budgets. The FY 2013 impact to the City of Roanoke would have been $1,210,720. This would also assist all jurisdictions receiving funding from the Commonwealth of Virginia for specific Distributing Agencies. Public Service Centers to be located where citizens can access them by Public Transportation The City requests that the Commonwealth and Federal governments to locate service centers that serve the citizens of the City of Roanoke, such as social security offices and probation offices in areas that are accessible to citizens in need of public transportation. 1 Maintain the number of circuit court judges assigned to the 23r1 Judicial Circuit The City urges the Commonwealth to continue to fund the 6 circuit court judges approved for the 23`1 Judicial Circuit. It is critical that our citizens have fair, timely and adequate access to the judicial system. Timely access to the judicial system is critical. Should the two retiring circuit court judges not be replaced, we will experience an inordinate increase in the case load for the remaining judges that will make it very difficult for the citizens of Roanoke, Salem and Roanoke County to have their cases heard in an orderly and efficient manner. Plastic Bags The City supports legislation that would prohibit retailers from providing customers with plastic bags unless they are (i) durable with handles, (ii) at least 2.25 mils thick, and (iii) specifically designed and manufactured for multiple use. San Francisco, the Outer Banks (Currituck, Dare and Hyde Counties), and several other cities (including Paris and London) have banned such bags, and several other states and cities are considering such a ban. One reason for this request is that the City's Transportation Division reports that it must spend as much time picking up discarded plastic bags from City rights-of-way as it does in mowing along them. In the alternative, the City requests that localities be authorized to impose a fee on each plastic bag distributed by retailers, with such fees to be devoted to litter prevention. Uranium Mining Uranium mining, milling and waste disposal of generated wastes poses health and environmental problems for the citizens of Roanoke. The City of Roanoke is located within fifty (50) miles of the proposed mining site in Pittsylvania County. If these uranium mining activities are permitted, the City is concerned that radiation and other pollutants from mill tailings may occur, contaminating our water supplies and the Roanoke River. The presence of large quantities of airborne radioactive dust in the Roanoke Valley would have an adverse impact on future economic development for the region. In light of these significant concerns, the City Council adopted Resolution No. 39257- 112111 on November 21, 2011 to express its opposition to lifting the moratorium on uranium mining in the Commonwealth of Virginia. VML, also recognizes the significance of this issue. In recommending continuation of the moratorium, VML urges that [a]ny studies or efforts to develop a regulatory framework ...address the concerns, warnings, and conclusions contained in the National Academies of Science report to the Commonwealth entitled "Uranium Mining in Virginia"and dated December 2011. Therefore, for the foregoing reasons the City of Roanoke opposes the mining and milling of uranium within the Commonwealth of Virginia. 2 Vacant Building Registration Section 15.2-1127, Code of Virginia, authorizes cities, by ordinance, to require the owners of buildings that have been vacant for a continuous period of twelve months or more to register such buildings on an annual basis, and to impose an annual registration fee not to exceed $25.00. This registration fee is insufficient to defray the cost of processing such registration. Legal Advertising The City and its citizens expend tens of thousands of dollars annually to publish legal ads in newspapers, as required by various State laws for various types of notices. The City supports legislation that would permit legal ads to be published on a locality's World Wide Web site or advertised on radio or television in order to reduce costs to the City and its citizens. Examples from the Code of Virginia: Section 15.2-2204.A. Notice of all zoning text amendments and rezonings must be advertised twice before they are considered by the planning commission, then twice again before being considered by the governing body. Section 15.2-2606.A. Two ads must he published for all public hearings on bond issues. Section 15.2-3107. Two ads must be published before localities can agree on voluntary boundary line adjustments. Section 15.2-107. Two ads must be published before zoning or subdivision fees, or sewer and water fees, can be imposed or raised. Advertising City Procurements The City supports legislative proposals to allow procurements made by the City and other Virginia localities to be advertised on the Commonwealth's Internet procurement portal, known as "e-va". The website address is www.eva.virginia.gov. This legislation should be local option. Having local and state procurements on the same website is both pro- business and pro-taxpayer and is in keeping with Virginia's policy of open government in the sunshine. Localities should continue to be allowed to publish and archive procurements on their own websites as well. Update the list of Schedule I Substances The City supports legislation to update the existing list of Schedule 1 substances to include the substances that were outlawed by the Federal Government as part of the Synthetic Drug Abuse Prevention Act of 2012. (Work with the Commonwealth Attorneys' Association.) 3 Amendment regarding Juvenile Delinquency and Street Gangs The City of Roanoke requests the amendment of Section 16.1-300.A.6 to remove "... by order of the Court," and 16.1-309.1.G to remove "...however, the Department and local court service unit shall not release the identifying information of a juvenile not affiliated with or involved in a criminal street gang unless that information relates to a specific criminal act." By amending these sections it would allow juvenile justice, law enforcement, and social services to share information about at-risk juveniles to help facilitate better outcomes. The change would improve efficiency and allow juvenile justice issues to be resolved in a more timely and efficient manner. (Work with the Commonwealth Attorneys' Association.) Unfunded Mandates The City opposes any new state mandates that are not fully funded by the Commonwealth, and oppose the shifting of fiscal responsibility from the state to localities for existing programs. 4 City of Roanoke Public Schools 2013 Legislative Program Funding for Education The Commonwealth has a constitutional duty to meet its education funding obligations. The Roanoke City Public Schools (Schools) is operating with the same level of funds provided in 2005. The City and Schools support full finding of State education programs including the Standards of Quality, incentive, categorical, and school facilities programs. The City and Schools oppose changes in methodology and changes in the division of financial responsibility that result in a shift of funding responsibility from the State to localities. As an example. we oppose the elimination or decrease in funding by the Commonwealth for State mandated benefits for school employees. The City and the Schools oppose policies that lower the Commonwealth's contributions to education under the Standards of Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards of Accreditation and Standards of Learning. The Commonwealth should not continue to maintain and increase educational requirements while at the same time decreasing funding from the Commonwealth. Allow Roanoke City School Board to select the School Start Date The City and the Schools support amendments to Virginia Code Section 22.1-79.1 that would afford the Roanoke City School Board the discretion to select the School Start Date that best suits the needs of its students and those of the school division. The control of the public school calendar by the local school board would provide local flexibility and control over opening dates to allow the Roanoke City School Board to have time to provide for required remediation and teacher training. Additionally, it would allow the Roanoke City School Board to ensure its schedule does not conflict with the articulation agreement with Virginia Westcrn Community College (ref Virginia Code Section 2_- 9.2:3.02) which allows dual enrollment opportunities for its students. Furthermore, RCPS believes that additional instructional days prior to administering the Standards of Learning (SOL) tests would result in improved student performance on the SOL tests. 5 1 � 14(4Jr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2012. No., 39540-111912. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2013 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 19, 2012, recommended to Council a Legislative Program to be presented at the 2013 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 19, 2012, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2013 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2013 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00 a.m., on December 3, 2012. ATTEST: Yh .rr a City Clerk. K AEGISQ012-2013 Program'esolution adopting program.doc Briefing #1 Homeless Systems Transformation ` OF •N w� •• S COMMUNITY f� SERVICES The Continuum of Care Model Housing Emergency Shelter Crisis/Homelessness • S Permanent Housing Transitional Housing (up to 2 years) • /tf/i The Continuum of Care Model In reality, it may look more like this: System yoga* MO Permanent Unknown Housing 3 Unknown soot•Hospital •2nd Transitional I Treatment aeleato Housing Homeless 0011° 1/4 Homeless Precariously Transitional r♦° Housed •Living with Housing family/friends -Doubled up Unknown Homeless SIIIIIIIIP Hospital Emergency Treatment ♦� Shelter alaammi Permanent i System Homeless Housing Mill I as ® @® Y1 Family experiencing homelessness ■■ ■■ ■■ '; •• •• U,a or near homelessness needs help 21 Rapid Re- housing Model Household/Crisis A Homelessness i _. . I N n 0 III 0 a- y One stop • Prevention Interim Emergency Housing 1. Mortgage 1. Assessment Assistance 2. Rapid Re-housing 2. Rental Assistance Referral 3. Utility Assistance 3. Benefits Screening 4. Referral to services and healthcare 111‘, I Services as Needed 1. Case Management 2. Substance Abuse Treatment . Permanent 3 Healthcare Services (Supportive) M. 4. Mental Health Services We� I' j, 1 ` � Housing 5. Training/Employment I. 6. Work Experience 7. Legal Services Low, Medium , High Barriers Low Barrier: Rapid Re-housing and Prevention Programs Crisis led to loss of housing but situation can be resolved within 3 months. Medium Barrier: intensive Case Management Multiple repeated issues prevent stable housing and will need intensive community support to develop independence. High Barrier: Shelter Services Chronic and disrupting life circumstances require a safe, supportive environment to reevaluate life plan and benefit from gains. .. .. 0 1-1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A • • / January ■■ Q. •• January 1989 • January 1991 January 1993 January 1995 It January 1997 ao January 1999 3 July 2000 re January 2002 Er, 0 June 2003 v N January 2003 January 2005 2 January 2006 t0 co January 2007 January 2008 January 2009 January2010 January 2011 January 2012 Challenges for the homeless Cannot find affordable housing 8.8% Cannot find work .5% Medical problems 31 .7% Dental problems 29.6% Past incarceration 28.3% eft J .• Remaining Gaps In Services Job Training and Referral Permanent Day Programs Supportive Housing and Landlord Network n7#, , • '° ;Sol Livable wage jobs ,s Relationship Hours of with operation for employment public „error,.• agencies transportation• What's Working =----�� IS dirk Data tracking system * 4 ,,r lee /` Successful gran plic U iform community a, outcome measures •• ■■ •• .. Community Collaboration = $$$$ im Central Intake $44,471 ROANOKE Famih Promise ,i milk'N∎ nom Family Promise of Greater Roanoke $51 ,500 trust Trust House $57,277 slid Salvation Army $150,000 0p TAP $327,829 Cit NR COMCOUMCUNITY OF Community Housing Resource Center (CHRC) $309,720 Ihe SERVICES Total System Transformation Funding $940,497 Sz �. j. •• us •• •• •• in The Community Housing Resource Center • Envisioned in the community's 10 Year Plan to End Homelessness as a one-stop shop to address homelessness collaboratively. • Primary focus on preventing homelessness and rapidly re-housing homeless individuals and families through time-limited rental subsidies, housing location, and stabilization services. • Currently working with TRUST House, Family Promise, Salvation Army, TAP, and the City of Roanoke's street outreach team to implement a community-wide rapid re-housing structure. ..r COUNCIL Of ■■ ii •■ COMMUNITY in ma �� SERVICES Preventing and Ending Homelessness 3 , 683 individuals in 1 , 579 families were prevented from becoming homeless through the O O/0 Community Housing Resource Center. CHRC provided more than $1 million in direct services to families facing a housing crisis. of direct services associated with HPRP funding provided 1 79 1 786 homelessness individuals in families prevention services were prevented from becoming homeless through the Community to "at-risk" families. Housing Resource Center and its partner — Total Action for Progress (TAP). Served through the Homelessness Prevention and Rapid Re- Housing Program (HPRP). Funding has been secured in the community from the City of Roanoke, The National Alliance to End Homelessness, the United Way of Roanoke Valley, and the ■■ Virginia Department of Housing & Community •• •• ■■ •• •• Development for homelessness prevention and rapid re- fll housing projects. Preventing and Ending Homelessness Emergency Shelter Grant Homeless Prevention Program for Allegheny 13 individuals in families in 293 individuals in 1 20 families Allegheny were prevented from becoming were prevented from becoming homeless through the homeless through the Homeless Prevention Program (HPP). Emergency Shelter Grant (ESG). O •First Quarter: 45 individuals,17 households Homeless Prevention (c.:9) and Rapid Re-housing Program ,/� ' 18 individuals in 468 /` families were provided homeless assistance through �itap U the Homeless Prevention and rapid• Re-housing Program (HPRP). pt VA Medical Center • VA Medical Center (VAMC) & Trust House contracted to provide shelter to male veterans with serious mental illness and/or substance abuse disorders. • VAMC & Trust House staff work to connect veterans to employment; benefits; and housing. • Collaborate with HUD-VASH (60 vouchers) permanent supportive housing. VAMC & Trust House currently discussing future collaborative efforts. 111 ", out of 27 beds at Trust 1 02 are dedicated to veterans. veterans served in the first Walla two years of the contract. Contract began in June 2010 with the first admission in July of 2010. trust house •• ■ ■ � ■ Il Rescue Mission 's Involvement The Rescue Mission has established a working relationship with the Homeless Assistance Team and Central Intake. • Reports numbers daily of homeless overnight guests. • Refers residents to HAT and Central Intake. • HAT staff meets with families with children at the Mission to conduct intake assessments on a weekly basis. • Involved in community planning by participating in Continuum of Care. • Case manager co-chairs Homeless Educators Linking Providers and Services Committee (HELPS). • Provides transportation to guests to HAT office. • Participates in yearly Point in Time counts. • Hosts meetings upon request at the facility. tr 'RES UE MISSION �� ., ministries VATS Rethinking Shelter sow Not Shelter. . . But Catalyst In some cases, a "cocoon" is needed for dramatic transformation. Not Homeless. . . But Houseless J "Just because I don't have a house, doesn't mean I'm without a supportive neighbor." Not Chronic. . . But Isolated Each client has an individual plan, no `cookie cutter' assembly lines. .�� 4 O a" a1} ■ _ ■ I _ MINI ti Briefing #4" Downtown Parking Studies NELSON NYGAARD for Roanoke's Downtown Mobility Team Purpose of studies Improve downtown business climate Opportunities to improve management Usage of on-street spaces Align users with appropriate parking venues C c n co D 0 o 0 C cn CD r 0 W Study Area Sta Ana�,. I ,�„ ��_. y -,.4 a 3 b d 4 Xi'Prtisigine' r - / ` ion[u �� _ i a a r ii� ID m it t, � ��� an . I3b ill:.". ,4-3: lia. lime a - `� u iit • �Mc, r 0 0 t15 f l� Yy1Q. iF s_ Inventory 1 , 290 On-street spaces 4 , 136 Public garage/lot spaces 1 , 673 Private garage/lot spaces* 7 , 099 Total *Available for public use -" : i/ ).. c / r w ` acid n ,. 4' �. 1tIli, �/ U . L. .{ sf.'• tid Itilujillika 1•',11;'.1 .. I' II�e�•1 i IfI11 I' r__..._ V ' �tj.,t, with�i11, WIRE'lI L IIIIIIiL �� �' 'i �'I r� th 1, t - t .1 H 7 ' � . 7 '_ 1 _ nr, Ili a . In SAC 'I inilliEli Al &Avfli1 j;.I gym. rb' " �o� �I��ia:I+ III i 1 i 11 !!!� d ii.„ III_ g_ ,tipi I la 1.1 lil'. � cr'Dlilj• IIIM ��f. Its%AtmIt R RI 111 Illlillll w• y 11111.14 >E •3,00,ili! ,i, Mi i 1�1� �' - ■it 14 lT1 �� � f di- 111!l�1� t i1 -af ii-a:! r911f1.0 71E'rsr Ai .:rt y '! -: u :�i.itili' ' Ir�l�,al,�tl �� be/ �1'�f i�rll��si� ' n 1 3 s: =ii!rtrp11 Hiif,it' sal crca�..__ 6 61..11IIllf �`�Ilil;?' a la '� a �, Off-Street Parking In Downtown Ilia ll , a 11 :9j Iy l� .r . r® UIr rF r'r' � `'91 p t a 1 „ j Off-Street Parking i tvat FL.Jl -' .,,' i �.: f_ii :' G:'"in IASI. liaise gift- tp,iiia Downtown Parking Streets, parks, sidewalks, and other 49% Surface Parking Lots 24% Buildings +, Parking Garages 25% 2% Parking consumes more land area than buildings. Occupancy Rates Measured at different times are 1 }c f I it — M g . VI's1'� -'=:nt teal IR. In i riarbit jimtijiaai— r,.7.- ir:Ai 1 ff , i r. e,,,..., a.t..... v Mapped occupancy rates c O ( ) CD CT Co 0) CD CD Q) O z cn 0 CD C Cn O On -street Occupancy Occupancy in study area 5%-67% Occupancy in core 33%-79% +/- 85% optimal occupancy A few streets exceed 85% Off-street ( private ) Mostly surface lots Very low occupancy Many never exceed 50% Most never reach 80% . ep ' F 0 _ ill a 111 R.' i moms es2 n ki, No III ,,„„ As ...... Mel i OE 3 ir MIR U 1 L , 11111 Rip ,Itti, Eli ,I AM sue _....mram-1 .1 -mai . 1 Id -A _ __ 9 i 91 ik � � Iii 1 So . � F ... /1111 _1i' . t ='L, ai ,y� I = (}l " * '� ". p ` ' 6.40.1.440 + r,�,, y f PIM MI ire . —.— s:. _ .. IV 1 . ._ t. Off-street Public Very good occupancy in City garages & lots > 70% Exceptions : Market Lot + Tower Garage f to; taFt* real ill NNW ems red MO ' ''' -3 Mottlitt an ft QOM -am" ill 11111 a 17 417 i 1' T "II' r !rarer ` w ,, .43 �. �a�a ` • +.�■ors ill a , ..i � in ,� ,�}' err 11111 Tr ( 144: .I iiiiii uiu 11 SI- 1 , ilitea __ [2[ ; t I ► " imo 21 y% � : 6 p:� 4. 4 /J/ :. : ---... ,,,,,,„a,. • 's 1 z -v CD v Cl) -, o D 5 (0 z C CO tz: SD a J�{E59 s $ yam = Sustainable Communities ,Ro.Eo Building Blocks sir EPA Office of Sustainable Communities Parking Capacity Audit US EPA Office of Sustainable Communities Building Blocks for Sustainable Communities Roanoke, VA July 17 & 18, 2012 Tom Brown WEEKDAY AM UTILIZATION G!LM6'R N i N oe/A O PARKING UTILIZATION 4 �0%-50% Z N D--_. 51%-76% 76% 85% 4 - t 06%-95% l HIM 96%-100% No Parking 3 ' - lift m 1 ii i i....""11,1 z,./7- ei .. n lit ../.°...... rill all OS Illa . • .. cCDr■isSisiiii CS oar Anirl—TTJ il WEEKDAY MIDDAY UTILIZATION OLMER ° 2 N PARKING UTILIZATION ° 0%-50% ry .... � .,,z, X51%-]5% . . ]6%-85% %-- 86%-95% . HIM 96%-100% i ENO Parking ' 4. - Mir- CIO . w ,: _ _iz a NMg nosiss • E� �� 0---) DAY... �I ck A • ► GILMER k z 1° ` PARKING UTILIZATION / ••■••■............... it •I■0%-50% ry 519G-J5% all i .iftw . J6%-85% I 86%-95% i KIM 96%- 100% i No Parking _±t' -' '- --r-- --:-:11--AA-_=-=;_ _ / 14111S11111 --=-3 --A---- .� ./ .111 M. Illit kl- lePi n . ..... _____ \)c-3 ......., ... .. ..._ 0 DAY ° 4 • SATURDAY AM UTILIZATION r.ILMER M N Z PARKING UTILIZATION ° or .. -51%-75% 76%-85% KIM:Q 86%-95% r • , / \ 96%-100% - No Parking 6. - Not SUneyetl �" s \ - i Sillilla-:: I QC� � C �,j• -I -fir I/a _ - � u i 0 DAY I 1 . c NOS13N N -It t It „1:1:;.1 :.....-,11,-", :::iii • tv{t . - . ::-: .'• r , " H i f 1: :: . s it U.. a ,:li / f 4 I: 1 a/aaeae' '?•11 a/ taa , , , .. . . . 444 4 ' 1 r----------a \ . 1 II ' :,,, ,„,.,00-049---.000-e-I---" ' ' . . „. . . . . ,,, , lj .0„.00,":".---- %„,,,,„ i 4 E. ,nN,32`4: , 1 If AL; U h 1 1 '.44 4 '.' %6-92 %L °9T7 %A/99 %W .... wn „e,:.. 7:::,..,:: t'ii• '''''''''''''' ' "1 - : ii. I Ae plug P . . ,. . . . . . . . . -- cfounssynt,:a NOIIVZIllin 11V1113A0 ... 0 \ • „,........„....„„ . . , , .4 :..: 11 1 ..4. 4 . ,.. 44.e 7. U et), M' 4, Ej . . i. , , 4 « s ; s t' p f u 41 .it EXCESS CAPACITY °re. -te +•m; 4:'••� ,. s !, k, U b N.,f� h F x � rho u.: ,.�+ ^■ 519 365 494 139* • �w. . �w� � .� . .. •ate Y 6 i _ w�.-fin • a ,.: a r fi- • DAY '` F z.« NNELSON KEY FINDINGS • Supply Constraints Limited to Downtown Core • Availability Constrained by - Time Limits - Commuter Parking • Timing and Siting of Regulations Wort{h�Revisiting .. 1 ■ ,h*sc x'a /, 5 ads It+5_ I ■ 4-911 1 d . 1 II I s NNELSON 8 KEY OPPORTUNITIES • Sufficient capacity exists. • Promoting existing capacity much cheaper than building more. • Expanding time limits could reduce perception that there's "nowhere to park". r . --r�- n. - Isss o 4 o s . .. . a � -a xa; • iki 1 NNELSON KEY OPPORTUNITIES • Multiple Best Practices to Build Upon – Effective Wayfinding and branding – Self-supporting parking program – Independent enforcement – Escalating fine structure for parking infractions — including first-time-forgiveness – Garage design – Multi-modal demand-management investments — including bike parking and shuttle bus NNELSON to SUGGESTED STEPS Manage Availability through Pricing a Ease Time Limits "Pay to Stay" -rt Use Technology to Ease Transition as Adjust On-Street Pricing Based on Demand a Create a Parking Benefit Fund a- Develop New Loading Zone Designation Approach NNELSON Observations Supply exceeds demand Scarcity limited to a few streets Not managed as a system General Direction Use studies to develop strategy Communication Manage, & Information monitor, & price as a system Great downtown business climate _0 0 � . C n CD w 0 5 D m w n )(14 s;, CITY OF ROANOKE � _., OFFICE OF THE MAYOR AVENUE,- 215 CHURCH ROANOKE,VIRGINIA 24011-1594 -- TELFPJIONG (540)853-2444 PAX (540)853-1145 DAVID A.BOWERS Mayor December 3, 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, David A. Bowers Mayor DAB:ctw COMMITTEE VACANCIES/REAPPOINTMENTS December 3, 2012 VACANCIES: Three-year terms of office to replace Eddie Wallace, Jr., Kae Bolling and Carl Kopitzke as members of the Mill Mountain Advisory Committee ending June 30, 2015; and the unexpired term of office of Richard Walters ending June 30, 2013. Three-year term of office to replace Jay Foster as a City representative of the Roanoke Valley- Alleghany Regional Commission ending June 30, 2015. Three-year term of office of Philip H. Lemon as a member of the Board of Zoning Appeals ending December 31, 2015. (Inasmuch as Mr. Lemon has served three consecutive terms of office, he is ineligible to serve another term.) Four-year terms of office of Chad Van Hyning, Lora J. Katz, Mark Futrell and Fredrick M. Williams as members of the City Planning Commission ending December 31, 2016. Unexpired term of Jeffrey Rakes as a member of the Board of Trustees, City of Roanoke Pension Plan ending June 30, 2013. Unexpired term of Scott I. Burton as a member of the Roanoke Arts Commission ending June 30, 2014. al An it CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 3, 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 to develop recreational uses on portions of Official Tax Parcel No. 6472302, 2100 Countryside Road, N. W., and Official Tax Parcel No. 6421001 , 0 Ben Street, N.W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-3711 .A.3, Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers ;�o l i� .�; T CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 3, 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, being tax map parcel 4011706, (the Historic Fire Station No. 1 ) located at 13 Church Avenue, 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 CITY OF ROANOKE ,o,, OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 Fr-r-_ Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 4, 2012 The Reverend Tina R. Cox, Pastor Three Oaks Fellowship United Methodist Church 1026 Gravel Hill Road Vinton, Virginia 24179 Dear Reverend Cox: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, December 3, 2012. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:aa • Submitted by Larry Black - December 3, 2012 - Hearing of Citizens No. 3 Roanoke City Market Federal Funding Request Thank you for giving Downtown Roanoke, Inc. the opportunity to be considered as a recipient of funds to improve our vital economic asset, the Historic Roanoke City Market located in downtown Roanoke. Project Request Amount: $220,000 Actual Recipient Name: Historic Roanoke City Market Locality and State: Roanoke, Virginia Project Description: Infrastructure Refurbishment & Renewal Local Share: to be determined Prior Year Funding: none Economic Benefits to recipient/community: The Market is one of the oldest, continuously operating open-air public markets in the country. Since its beginning in 1884, it has continued to serve Roanoke and the region since that time. It is registered as a Historic District The last major renovations within the Market area occurred 25 years ago. Since then the character of the Market has been maintained, but the farmers' stalls have become significantly dated and weather-wom. The City of Roanoke recently completed a comprehensive study on how to add new vitality to this important area of the City. Although the recommendations of the study been presented, they have not been formally approved by the City, and it seems apparent that it may be some time before funding is approved for most major initiatives and the plans are acted upon. The City has recently completed replacement of the canvas awnings, providing shelter for the 42 permanent farmers' stall tables, which had been in place for 9 years and were ragged and needed immediate replacement The average life of canvas awnings is 5-7 years. There are additional infrastructure improvements needed to complete the improvements to the pedestrian experience for market shoppers, and the functional experience for farmers and craft vendors, including the following: `Install new awnings and frames in several areas where none exist to provide covered space in East and West Market Square adjacent to Campbell Avenue. Est. cost= $40-50,000 *Extend the awnings and attach them to the adjacent buildings to shelter the shoppers who frequent the Market in the block between Kirk Avenue and Church Avenue. Est. cost=$50-60,000 `Provide radiant heating and fans to extend the Markers season. Provide EBT wiring to support and broaden the customer base of the Market. Est. cost = $20-30,000 'Install new surface treatment to pavement of East and West Market Square to distinguish those areas as pedestrian and outdoor dining locations during evening and large scale daytime Market events and to create a more appealing surface for pedestrians at those times. Est. cost= $70.80,000. Downtown Roanoke, Inc. is requesting that $220,000 be appropriated to assist in the upgrading of the Farmers Market. This will allow the Market to serve the public in the most optimal, productive way with fresh fruits, vegetables, meats, and other regional produce. Similar requests have not been made to Senators Allen or Webb. Thank you for your consideration, Bob Fetzer Chairman of the Board Downtown Roanoke, Inc. cc: Tom McKeon, Chairman Elect of the Board, DRI Brian Townsend, Director of Building, Planning, and Economic Development, City of Roanoke Darlene Burcham, City Manager, City of Roanoke v r CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 3, 2012 Subject: Request a Public Hearing for Conveyances of Various Interests in City-Owned Properties located along the 10th Street Corridor for VDOT Project - 0000-128,V12,RW202 Background: The Virginia Department of Transportation (VDOT) is in the process of acquiring rights of way for the construction, maintenance and/or operation of improving 10" Street from Orange Avenue to Williamson Road. Construction on the project is scheduled for the fall of 2014. Considerations: The City of Roanoke owns six (6) parcels of land which will be affected by the proposed improvements. These parcels consist of tax parcel numbers, 2120315, 2130613, 2130614, 2130615, 2060828, and 3160105. The Virginia Department of Transportation (VDOT) seeks to acquire temporary construction easements across City-owned properties, designated as Tax Map Nos. 21 30613, 2130614, 21 3061 5, and 2060828, to use for various purposes in connection with such improvements that include, but are not limited to construction and maintenance of stormwater management systems, drainage systems, traffic control equipment, curbs, gutters, sidewalks and bike trails. VDOT will pay the City of Roanoke $300 for the temporary construction easement across Tax Map No. 2060828. The City is asked to convey fee simple ownership of the parcel designated as Tax Map No. 2120315 to VDOT for the purchase price of $1 ,350, and to also convey a permanent drainage easement and permanent traffic control easement across Tax Map No. 31 601 05 to VDOT. No compensation is anticipated for the temporary construction easements on Tax Map Nos. 2130613, 2130614, and 2130615, and for the permanent drainage easement and permanent traffic control easement across Tax Map No. 3160105. A public hearing is required for the consideration of this matter. Recommended Action: Authorize the scheduling and advertising of a public hearing for the conveyance of these properties by fee simple, temporary construction easements, permanent drainage easement, and permanent traffic control easement to the Commonwealth of Virginia Department of Transportation on December 17, 2012 at 7:00 pm. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Robert Ledger, Manager, Economic Development Mark Jamison, Manager of Transportation Cassandra Turner, Economic Development Specialist 2 ow. i1 OFFICE OF THE CITY ATTORNEY 464 MCV CIPA7 BUILDING Timothy R. Spencer e, • 215 CHURCH AVENUE, SW Steven J.Talevi ROANOKE,VIRGINIA 24011-1595 Gary E. Tegenkamp David L. Collins Daniel J. Callaghan TELEPHONE 540-853-2431 Heather P. Ferguson City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: city auv@roanokeva.gov December 3, 2012 The Honorable Mayor and Members of City Council Re: Request for Public Hearing for December 17, 2012 at 7:00 p.m. Dear Mayor Bowyers and Members of Council: Background: On September 17, 2012, after a public hearing, Council adopted Ordinance No. 39511-091712. The effect of this ordinance was to amend the Countryside Master Plan (adopted on June 20, 2011 by the City Council and made a component of Vision 2001-2020, the City's Comprehensive Plan) by changing the land designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation. A scrivener's error was discovered in the title and text of Ordinance No. 39511-091712 stating that the Planning Commission recommended this amendment. In fact, a motion to recommend this amendment to City Council failed by a vote of 2 to 5. A public hearing is required to amend Ordinance No. 39511-091712 to correct these scrivener errors. Recommended Action: Authorize the scheduling and advertising of a public hearing for December 17, 2012 at 7:00 p.m., to allow citizens to speak to this matter and thereafter adopt a corrected and amended ordinance to explain and correct the error noted in Ordinance No. 39511-091712, adopted September 17, 2012. Sincerely, �. /, Daniel J.r,,allagha City Attorney DJC/lsc Attachment c: Christopher Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Stephanie Moon, City Clerk Christopher Chinon, Planning Administrator ovm i CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 3, 2012 Subject: Adoption of Calendar of Events for Budget Development Activities for FY 2013-2014 Considerations: Annually, City Council approves the Calendar of Events for Budget Development Activities for the upcoming fiscal year. The recommended Calendar of Events for FY 2013-2014 is attached. Recommended Action: Approve the attached Calendar of Events for Budget Development Activities for FY 2013-2014. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations CALENDAR OF EVENTS FOR BUDGET DEVELOPMENT ACTIVITIES FISCAL YEAR 2013 - 2014 Date Budget Preparation Activities January 7, 2013 Financial/Budget Planning Work Session (During 9:00 a.m. Morning Briefing Session) February 4, 2013 Financial/Budget Planning Work Session (During 9:00 a.m. Morning Briefing Session) March 4, 2013 Financial/Budget Planning Work Session (continued) (During 9:00 a.m. Morning Briefing Session) April 1 , 2013 Financial/Budget Planning Work Session (continued) (During 9:00 a.m. Morning Briefing Session) April 15, 2013 Recommended budget presented to City Council at regularly scheduled meeting April 25, 2013 Public hearings on recommended budget and tax rates at 7:00 p.m. May 6, 2013 Budget Study (During 9:00 a.m. Morning Briefing Session) May 13, 2013 City Council adopts General Fund, School Fund, Proprietary Fund budgets and an Update to the HUD Consolidated Plan and approves an annual appropriation ordinance at 2:00 p.m. a CITY OF ROANOKE • OFFICE OF THE CITY CLERK .L 215 Church Avenue,S.W.,Suite 456 ' '� Roanoke,Virginia 24011-1536 .1 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk @roanokevagov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 4, 2012 Karl Kleinhenz, Secretary Fair Housing Board Roanoke, Virginia Dear Mr. Kleinhenz: This is to advise you that Dennis Light has qualified as a member of the Fair Housing Board to fill the unexpired term of office of Deirdre Williams ending March 31, 2015. Sincerely, Stephanie M. M City Clerk 0 / 012811 1273 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Samuel Roman, 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 Towing Advisory Board for a three-year term of office ending October 31. 2015, according to the best of my ability. So help me God. V r et„0 Samuel Roman The foregoing oath of office was taken, sworn to, and subscribed before me by Samuel Roman this 84-day of NOuajn4A 2012. Brenda S. Hamilton, Clerk of t he Circuit Court gy� 42// // lark Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Trista Wallace, 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 (law enforcement representative) of the Towing Advisory Board for a term ending October 31, 2015, according to the best of my ability. So help me God. r I 1 C3k TRISTA WALLACE The foregoing oath of office was taken, sworn to, and subscribed before me by Trista Wallace this(97 day of /Vb'J 2012. Brenda S. Hamilton, Clerk of the Circuit Court B MCLU ee( cya rv}rV' CITY OF ROANOKE r") OFFICE OF THE CITY CLERK -f✓ _ 215 Church Avenue,S.W.,Suite 456 . ,. .r- Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerkgroanokcva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 4, 2012 Captain Monti Lee, Secretary Towing Advisory Board Roanoke, Virginia Dear Captain Lee: This is to advise you that Samuel Roman and Trista Wallace have qualified as (Law Enforcement) members of the Towing Advisory Board for terms of office ending October 31, 2015. Sincerely, AtfrittAja-1b1 baJ Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Dennis B. Light, 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 Fair Housing Board to fill the unexpired term of office of Deirdre Williams ending March 31, 2015, according to the best of my ability. So help me God. DE DE . IGHT The foregoing oath of office was taken, sworn to, and subscribed before me by Dennis B. Light this 't7 mday of A/04011012. Brenda S. Hamilton, Clerk of the Circuit Court / B _� _I t., 1.A et_ �,Clerk • A7c-gEnci nlc, i a; Wpm, Sequestration and the Fiscal Cliff Council Briefing December 3, 2012 What is Sequestration? • Automatic reduction to federal government spending — Evenly divided between security (defense) and non-security (mandatory/entitlement funds + annual discretionary funds) — Required by law — Scheduled to begin on January 2, 2013 2 What is the Fiscal Cliff? • Term for a group of tax cuts set to expire in January if Congress doesn't act to extend them — 2% payroll tax cut, extended unemployment benefits, 2009 stimulus package tax cuts, the estate tax, some corporate taxes 3 How did we get here? • Reached Old Federal Debt Ceiling • Budget Control Act of 2011 Enacted — $2.4 Trillion increase in Federal debt ceiling with offsetting reductions in two phases • $900 billion in savings over next 10 years, including new spending caps for 12 annual appropriations bills • Joint Select Committee on Deficit Reduction (the "Super Committee") — Charged to produce bipartisan legislation by November 2011 to reduce projected deficits by at least an additional $1.2 trillion through 2021 — Failed to reach a deal 4 Breaking Down the Sequester 5129HIii nn Srqur r 20'1) 5984 Altus]%snorter vcal- Seie S Debt (split et sob aver)rnarr, Service 521bbno6s h09 by/}'rJ 32166n DCuts Non-Defense Cuts Cuts $492bn $492 bn towel UaS , m udorg F2 bg 5492bn Lower Annual 2%Cut PPAG• fib"y Dlevenonary 2%Cut Evthong a .u(ti Sanding St 16 bn Subsi Cu $322 bn LLrs $41 bn Sven 5 Source.Bipartisan Policy Center Some the 149 Exempt Programs • Medicaid • Social Security • Medicare Part D • Childcare Entitlement • Veteran's Affairs Programs • Military Personnel Funding • Pell grants 6 Impact to the Commonwealth • Virginia job loss potential — 207,571 — 136,191 from defense cuts alone (analysis by George Mason University and Richmond- based Chmura Economics & Analytics) — 71,380 from non-defense cuts 7 Potential Impact to the City of Roanoke • Expiration of payroll tax cut — Raises Social Security tax for employees from 4.2%to 6.2% • Sunsetting of Bush-era tax cuts — Increase in tax rates • Expiration of extended unemployment benefits • Reduction in funding of: — Interest rate credit on bonds — DOJ State & Local Law Enforcement — DOJ Juvenile Justice — HUD Community Development Block Grant(CDBG) Reduction — HUD HOME Investment Program — HUD Section 8 Housing — HUD Homeless Assistance 8 Sequestration Cuts to Federal Education Programs $4,121.2 Million in FY 2013 •BEA programs $2,204 I •Special Ebucabon $1,1503 •Rehab Se rvices&Disability Research $55.1 •Career,3echnicol,and Adult Ed $158 •federal[manual Student Aid-$155,7 •Rgher Ed•5193.3 Institute of Educati n Sciences $540 n Dept Management-$1503 5% 1%4% s%ax a% 9 Can Sequestration be avoided? • Sequestration can only be avoided if Congress passes legislation that undoes the legal requirement in the BCA and that President Obama will sign before January 2, 2013 • The President cannot reconfigure sequestration cuts; those agencies that are not exempt from reductions cannot be altered 10 What is to come? • Current activities in Washington • The schedule for action • Local plans if compromise fails • ° CITY OF ROANOKE OFFICE OF THE MAYOR � ' 215 CHURCH AVENUE,S.W.,SUITE 452 ROANOKE,VIRGINIA 24011-1594 TELEPHONE: (540)853-2444 FAX: (540)853-1145 DAVID A.BOWERS Mayor December 10, 2012 The Honorable Harry Reid The Honorable John Boehner Majority Leader Speaker United States Senate United States House of Representatives S-221 U.S. Capitol H-232 U.S. Capitol Washington, D.C. 20510 Washington, D.C. 20515 The Honorable Mitch McConnell The Honorable Nancy Pelosi Republican Leader Democratic Leader United States Senate United States House of Representatives S-230 U.S. Capitol H-204 U.S. Capitol Washington, D.C. 20510 Washington, D.C. 2051 5 Dear Congressional Leaders, On behalf of the City of Roanoke, Virginia, I would like to call on Congress to avoid federal budget sequestration and significant changes tax rate changes and to adopt a bipartisan and balanced plan for deficit reduction. We would encourage any motion to balance targeted spending cuts with revenue enhancements in order to preserve the growth-enabling enhancements of our cities. As is true for many communities in our nation, the City of Roanoke is continuing to feel the prolonged effects of the economic downturn. Although we have adopted best practices for our budgeting process and have strengthened the long-term financial health of Roanoke's community, we continue to make difficult decisions on K-12 education funding, critical infrastructure improvements, services for our citizens and retaining and compensating well trained personnel. Since FY 2007-2008, we have had to reduce our workforce by more than 10% and make reductions to the locality's budget in excess of $28 million. Drastic changes in federal spending and/or the tax structure would have an unequivocal, devastating impact on our fragile economy. The City of Roanoke will not be able to compensate for the drastic funding reductions from our federal partner agencies without further negatively impacting critical services to our citizens. In addition, the impact of cuts in defense spending will also lead to job losses in scientific, engineering and technical services as well as those suppliers and vendors in our small business community. These jobs are critical to our community as it is a hub for industries that are intertwined with these service areas. Congressional Leaders December 10, 2012 Page 2 We know there have to be tough choices made to reduce deficit spending and balance the budget for our nation's economy. Our approach to budgetary decisions parallel a philosophy of setting priorities and aligning resources with these priorities as a guide to achieving critical outcomes. Please consider the severe impact sequestration will have on our state and local government's fragile economic environment. We cannot afford, as a community, to retreat from the progress made in key priority areas of Economy, Education, lean Government, Human Services, Infrastructure, Livability and Safety. We support a bipartisan and balanced plan to reduce the deficit while supporting our future economic growth and recovery. The citizens of the City of Roanoke are counting on us and we are counting on you to reach an amicable solution before January 2nd that will enable the country to move forward in a positive direction. Sincerely, lit filritobiA, •avi• • . sowers Mayor pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Stephanie M. Moon, City Clerk Ann H. Shawver, Director of Finance Excerpt from Sequestration/Fiscal Cliff Briefing December 3, 2012 2:00 p.m. MAYOR BOWERS: MEMBERS OF COUNCIL... THIS IS ALMOST UNBELIEVABLE WHAT WE'RE WITNESSING IN WASHINGTON. IT IS ALMOST UNBELIEVABLE. I HAVE TO TELL YOU I'M REMINDED TIME AND AGAIN WHAT MY COLLEAGUE BOB USED TO SAY. IF THEY ONLY RAN WASHINGTON LIKE WE RUN ROANOKE. THE COUNTRY WOULD BE A WHOLE LOT BETTER. AND I JUST BELIEVE THAT EVEN TO THIS DAY. THIS IMPACT, THANK YOU FOR BRINGING THIS BRIEFING. I GUESS I HADN'T THOUGHT IT THROUGH. IT'S AS IF IT'S NOT ENOUGH THAT THE NATIONAL ECONOMY MAY GO INTO THIS BOTTOMLESS PIT WITH THE RECESSION OR DEPRESSION, AS IF THAT WEREN'T ENOUGH AND AS IF IT WEREN'T ENOUGH THAT 98 PERCENT OF THE TAXPAYERS IN THIS COUNTRY ARE GOING TO BE HURT WITH ADDITIONAL TAXES. AS IF THAT WEREN'T ENOUGH. AND NOW WITH THIS ADDED INFORMATION THAT THE DIRECTOR OF FINANCE HAS PROVIDED US OUR OWN CITY EMPLOYEES ARE GOING TO GET HIT WITH HIGHER PAYROLL TAXES FOR SOCIAL SECURITY TAX. AS IF THAT WASN'T ENOUGH. AND IF IT'S NOT ENOUGH WE'RE GOING TO BE LOSING 200,000 JOBS IN VIRGINIA. IF THAT ISN'T ENOUGH... THE IMPACT ON ROANOKE CITY SCHOOLS COULD BE SEVERAL MILLION DOLLARS. NOW WHEN IS THIS MADNESS GOING TO STOP? AND I UNDERSTAND THAT THE PRESIDENT IS INVOLVED IN IT BUT LET ME GO BACK TO MY CONSTITUTIONAL UNDERSTANDING. IT'S THE HOUSE AND THE SENATE THAT PUT TOGETHER THE TAX CODE. IT'S THE HOUSE AND THE SENATE THAT SET A BUDGET. AND IT'S THE HOUSE AND SENATE THAT HAS TO SOLVE THIS PROBLEM AND THEY ONLY HAVE UNTIL THE 14TH OF DECEMBER BEFORE THEY GO ON CHRISTMAS VACATION. SO IF IT'S NOT ENOUGH FOR US BY THEN AND DECEMBER 14 ROLLS AROUND I HOPE THE PRESIDENT DOES ACT. I HOPE THEY'LL DO ONE THING AND ONE THING ONLY. CALL THE CONGRESS BACK INTO SESSION, LET THEM MEET UNTIL THEY DO GET THIS PROBLEM SOLVED. IF THE PROBLEM CANNOT BE SOLVED BY DECEMBER 14TH I THINK THAT'S ALL THE PRESIDENT HAS AUTHORITY TO DO. AND GET THIS CONGRESS TO SET DOWN AND STAY IN WASHINGTON, STAY IN THERE THROUGH SNOW AND ICE AND CHRISTMAS AND HANUKKAH AND KWANZAA AND NEW YEAR'S EVE. IT'S RIDICULOUS WHAT WE ARE SEEING IN WASHINGTON AND IT'S MADNESS AND I HOPE THE PEOPLE IN ROANOKE JOIN THE PEOPLE OF AMERICA SAYING ENOUGH. THAT'S WHAT HARRY TRUMAN DID. HE CALLED THE CONGRESS BACK. LET'S GET OUR PRESIDENT TO DO THAT. THANK YOU FOR LETTING ME VENT. I FEEL A LOT BETTER. OaIN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of December, 2012. No. 39547-120312. AN ORDINANCE authorizing the proper City officials to execute a contract and the necessary documents between the City and the Times-World, LLC, to sell to the City, the Mill Mountain Radio Tower and Transmitter Building, located on a portion of certain City-Owned Property, located at 2080 Prospect Road, S.E., Roanoke, Virginia, and designated as Tax Map No. 4050306A, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the proposed Sales Contract between the City and the Times-World, LLC, as set forth in the attachment to the City Council Agenda Report dated December 3, 2012, which Contract provides for certain undertakings and obligations by the Times-World, LLC, as well as certain undertakings by the City. The City Council further finds the sale of such property, as set forth in such City Council Agenda Report, will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute a Sales Contract to purchase from the Times-World, LLC, the Mill Mountain Radio Tower and Transmitter Building, which is located on a portion of certain City-Owned property located at 2080 Prospect Road, S.E., Roanoke, Virginia, and designated as Tax Map No. 4050306A, upon certain terms and conditions as set forth in the Sales Contract attached to the City Council Agenda Report dated December 3, 2012. Such Sales Contract is to be 0-Authorize Contract between City and Times-World Corp-Mill Mountain Radio Tower&Transmitter Building.12-3- 2012 doc substantially similar to the one attached to such Report, and in a form approved by the City Attorney. The purchase price to be paid by the City to the Times-World, LLC, is $184,405. 3. The City Manager is further authorized to negotiate and execute such further documents and take such further actions as may be necessary to implement, administer, and enforce such Sales Contract, and to negotiate and execute any other agreements and documents relating to this matter. 4. The form of the other documents referred to above and in the Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. 6. This Ordinance is effective as of the date of its passage. ATTEST: m )it.) City Clerk. 0-Authorize Contract between City and Times-World Corp-Mill Mountain Radio Tower&Transmitter Building]2-3- 2 2012doc THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN , The 3rd day of December, 2012. No. 39548-120312. AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings to the Department of Technology Mill Mountain Tower & Transmitter Acquisition project, amending and re-ordaining certain sections of the 2012-2013 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2012-2013 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 13-430-9983-9003 $ 184,405 Fund Balance Retained Earnings —Available 13-3348 ( 184,405 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: • City Clerk. Rr•I A '' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 3, 2012 Subject: Purchase of Mill Mountain Tower and Transmitter Building from the Roanoke Times Background: The Mill Mountain transmitter site (the radio tower and transmitter building), located at 280 Prospect Road, and designated as Roanoke Tax Map No. 4050306A, has been used by the City of Roanoke for radio communications for the last 60 years. The Mill Mountain location is centrally located and provides the best coverage for radio telecommunications. The City of Roanoke and regional partners such as Roanoke County, the Western Virginia Water Authority, and Roanoke City Public Schools, rely on the Mill Mountain transmitter site as the center of the Roanoke Valley radio communications. It is a critical communications asset for public safety. While the City of Roanoke owns the land, the radio tower and transmitter building are owned by Times World, LLC ("Times World"), which has an easement across the property for placement of the tower and building. The City leases space on the tower for radio communications at an annual cost of $1 ,200. In addition, the City is responsible for keeping the building and tower in good repair, as well as maintaining the lighting on the tower in accordance with the regulations of the Federal Communications Commission. Times-World, LLC, contacted the City to determine the City's interest in acquiring the radio tower and transmitter building. Acquiring these assets would enable the City to oversee and manage this vital communications asset used by all City radio subscribers, the Western Virginia Water Authority, and Roanoke City Public Schools. Times World is currently providing space on the tower to four (4) licensees which use the tower for their own communication purposes. The City and Times World will work together to enable the City to assume the terms of these licenses. In addition, the easement that Times World has across the property will be released to the City of Roanoke as a part of this transaction. A structural analysis and an appraisal of the tower and the transmitter building were performed to determine the condition and fair market value of these assets. Both were found to be in good condition. Considerations: The tower was appraised by BIA Kelsey, Inc. and valued at $114,405. The transmitter building, appraised by Eller, Long and Associates, was valued at $70,000. Funding for the acquisition of the transmitter tower and building is available from Technology Fund Retained Earnings. Recommended Action: Authorize the City Manager to execute, deliver, perform, and enforce a Sales Contract between the City and Times-World, LLC, substantially similar in form to the Sales Contract attached to this Report, for the purchase of the transmitter tower and building by the City for the sum of $184,405, take such further actions as may be necessary to effectuate the purchase of the tower and transmitter building in the amount of $184,405, and to take such further actions as may be necessary to purchase the transmitter tower and building with the form of such Sales Contract, bills of sale, and any other documents, including any license agreements between the City and third party licensees, to be approved by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding in the amount of $184,405 from Technology Fund Retained Earnings (Account 13- 3348) to Mill Mountain Tower and Transmitter Acquisition (Account 013-430- 9983) in order to complete the Sales Contract. : Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations 2 DRAFT AGREEMENT FOR PURCHASE AND SALE OF RADIO TOWER AND COMMUNICATIONS BUILDING AND RELEASE OF EASEMENT This Agreement for Purchase and Sale of Radio Tower and Communications Building ("Contract"), is dated this day of , 2012, by and between Times World, LLC, a Virginia limited liability company, ("Seller"), and the City of Roanoke, Virginia, a Virginia municipal corporation ('Buyer" or "City"), RECITALS: WHEREAS, by deeds dated February 19, 1941, and March 19, 1942, on record in the Clerk of Circuit Court's Office for the Circuit Court for the City of Roanoke, Virginia, in Deed Book 683, Page 191, and Deed Book 674, Page 158, respectively, City was conveyed that parcel of land known as Mill Mountain Park, from Junius B. Fishburn and Grace P. Fishburn ("Original Owners"), which deed reserved unto the Original Owners the right to construct, operate and maintain a radio broadcasting tower; WHEREAS, by deed dated April 15, 1942, on record in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, the Original Owners conveyed their reserved rights to build, operate, and maintain such tower, to Seller; WHEREAS, by "Agreement Fixing Boundary of Reserved Easement" dated April 15, 1984, on record in the Clerk of Circuit Court's Office for the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1155, Page 42, attached to this Agreement as Exhibit A , the City granted an easement to Seller over that portion of Mill Mountain Park designated as Roanoke Tax Map No. 4050306A to operate and maintain a radio broadcasting tower; WHEREAS, pursuant to such agreement, the Seller has maintained, a radio communications tower ("Tower"), and an adjacent communication facilities building (`Building"), located on Mill Mountain in the City of Roanoke, Virginia. at 2080 Prospect Road, S.E., on certain property owned by the City, and designated as Roanoke Tax Map No. 4050306A ("Premises"); Sales Contract-Mill Mountain Tower and Communications Budding Inc WHEREAS, Seller leases space on the Tower and in the Building to various third parties, including the City, for such parties to place communications equipment used in connection with their businesses; WHEREAS, the City has been leasing space on the Tower, and in the Building from Seller pursuant to the terms of a lease agreement between the parties dated May 4, 1998, in order to place and locate certain communications equipment and antennas used by the City as part of City's public safety communications system; WHEREAS, the terms of such lease require the City to maintain and repair the Tower and Building and to pay associated costs and expenses; and WHEREAS, the Seller now desires to sell such Tower and Building to City, and the City desires to purchase the same, upon the terms and conditions stated below. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, including the above recitals which are incorporated herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and City agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Building- The Building shall consist of the Communications Facilities building, a one story brick building, approximately 1428 sq ft. in size, located at the base of the Tower, and all equipment and property owned by Seller, and excluding equipment owned by third parties, located within the Building. The Building is further described and shown in the attached appraisal, attached to this Agreement as Exhibit B. Closing- The Closing shall be defined as the transfer of title and possession of the Property from Seller to Buyer, and shall be evidenced by a Deed of Release that acknowledges transfer of title and possession of the Property from Seller to City, that incorporates this Agreement, and releases Seller's easement across Tax Map No. 4050306A . Closing Date- The Closing Date shall be the date upon which the Closing is held, which shall be a date agreed upon by the parties, to be on or before December 31, 2012, unless such date is changed upon mutual agreement of the parties. Property- The term Property shall mean the Building and Tower collectively, being the same property as referenced in the plat entitled "Location Survey of Transmitter Tower on Top of Mill Mountain" dated December 19, 1963, prepared by the Office of the City Engineer, Roanoke, Virginia, attached to this Contract as Exhibit C. Tower-The Tower shall be the radio communications transmitter tower, located on Roanoke Tax Map No. 4050306A, used by Seller. the City, and other third parties for radio Sales Contact-Mill Mountain Tower and Communications Building dor 2 communications purposes. The Tower is further described and shown in the attached appraisal, attached to this Agreement as Exhibit D. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller hereby agrees to grant, sell, transfer and deliver, title and possession of the Property to City, and City agrees to purchase thc Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property shall be ONE HUNDRED EIGHTY FOUR THOUSAND FOUR HUNDRED FIVE and no/100 Dollars ($184,405.00) ("Purchase Price") payable in cash or certified check from City to Seller at Closing. C. The parties agree that Seller makes no warranties or representations regarding thc physical or structural condition of the Property. D. Seller warrants and represents that the Property free from any and all encumbrances of any kind, including, but not limited to, liens, judgments, creditors, security interests, provided however, the Property is being purchased by City subject to the existing leases and licenses identified below. SECTION 3. INSPECTION OF PROPERTY; CANCELLATION Seller hereby grants City a due diligence period to inspect the Property, such period not to exceed five (5) days after the date of this Contract, to inspect the Property to determine if there are any physical, structural, title, or such other conditions existing on the Property that may affect City's decision to purchase the Property. Seller agrees that City may conduct such tests or inspections on the Property as City deems necessary. In the event such issues are discovered by City, City reserves the right to cancel this Agreement without incurring any obligation or payment owed to Seller, provided that City notify Seller in writing at any time, prior to the Closing Date. SECTION 4. CLOSING. A. The parties agree that the Closing Date shall be a date on or before December 31, 2012 with the Closing date being designated by City in writing to Seller at least seven (7) business days in advance. The parties agree that the Closing Date may be changed to a later date or an earlier date upon the mutual agreement of the parties in writing. The parties agree that the conditions and obligations of each party under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any document between the parties that transfers title to the Property on the Closing Date, and shall survive Closing. Sales Conlrocl-Mill Mountain I oxer and Communications Building.doe 3 B. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. C. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Bill of Sale, Deed of Release, or other instrument, conveying to City the Property and releasing Seller's easement across the Premises, in accordance with the provisions of this Contract: b) A mechanic's lien affidavit executed by a representative of Seller, to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; c) A certified copy of the ordinance or other corporate authorization adopted by the Seller, evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property, and a company resolution authorizing sale of the Property to City; d) A duly executed counterpart of a settlement statement; and e) Any other items required to be delivered pursuant to this Contract. D. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract . SECTION 5. BUYER'S AND SELLER'S OBLIGATIONS, ACKNOWLEDGMENTS. A. Seller agrees that it will do the following: 1. Provide City with copies of all current leases of the Tower and or the Building the Seller has with third parties, no later than thirty(30) days before the Closing Date. 2. Seller shall notify all third party lessees leasing space on the Property of the sale of the Property to City, prior to the Closing Date, and obtain assignments of the leases and licenses from Seller to City, upon terms acceptable to the City, from the lessees and licensees before the Closing Date. 3. Seller shall provide City with all keys, instructions, documentation, and access to the Property. Seller agrees to cooperate with City after the Closing, and provide City with any necessary documentation or other property, the Seller has in its Sales Contract-Mill Mountain Tower and Communications Building doc 4 possession or under its control, needed by the City to operate and maintain the Property. 4. Sign a Deed of Release releasing its easement across Tax Map No. 4050306A, as described herein. B. Buyer agrees and promises that it will do and/or has done the following: 1. Buyer will purchase the Property from the Seller for the Purchase Price and will make payment in accordance with the terms of this Contract. 2. Buyer acknowledges and agrees that Seller makes no representations or warranties with respect to the Property, including but not limited to, the environmental, title, engineering, geophysical condition of the Property or otherwise, other than the representations contained within this Contract. 3. Buyer agrees that Buyer is taking the Property in an AS IS, WHERE ISM condition without any warranties or representations from Seller, other than those warranties and representations stated in this Contract, and that Buyer has had and shall have sufficient opportunities to fully examine the Property. SECTION 6. ASSIGNMENT. The parties agree not to assign or transfer any part of this Contract without the prior written consent of the other party, which will not be unreasonably withheld. SECTION 7. INDEMNITY. Seller agrees to indemnify and hold harmless the Buyer and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property, including third party lessees and licensees that lease and license space on the Property, growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Seller or its agents, employees, contractors, or representatives arising out of or connected in any way to the Seller's legal duty with respect to construction, maintenance or operation or lease or license of the Property, at any time prior to the Closing Date. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Seller agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia. and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. The parties agree not to assert in any such Sales Contract-Mill Mountain I ower and Communications Ruilding.doc 5 action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. RELEASE OF EASEMENT. The parties acknowledge that Seller has an existing easement across the parcel designated as Tax Map No. 4050306A, pursuant to an easement between the parties dated April 15, 1984, titled "Agreement Fixing Boundary of Reserved Easement" on record in the Clerk of Circuit Court's Office for the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1155, Page 42, which easement is attached to this Contract as Exhibit A. On or before Closing, Seller agrees to release this easement and sign the necessary documents releasing the easement, as a condition to Closing. SECTION 10. APPROPRIATION OF FUNDS. All obligations or funding undertaken by the Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. SECTION 11. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS, WHERE IS, condition and subject to any items of record. B. The Seller further represents and warrants with respect to the Property that: 1. Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property, and the Property is not encumbered by any liens or judgments or claims of other third parties, other than the license agreements referenced below. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Hazardous Materials. Seller makes no warranties or representatives of any type regarding hazardous materials of any type. 4. Leases and Licenses. There are no leases of the Property, other than the following leases and or license agreements: Sales Contract-Mill Mountain Tower and Communications Building.doc 6 a. License Agreement between Seller and WDBJ Television, Inc.. dated September 1, 2001. b. License Agreement between Seller and Rev.Net Technologies, Inc., dated May 1, 2002. c. License Agreement between Seller and B2X Online, Inc.. dated August 13, 2010. d. License Agreement between Seller and Western Virginia Water Authority, dated April 26, 2010. Seller acknowledges that it shall obtain assignments of the license and lease agreements from the lessees and licensees, upon terms acceptable to the City. SECTION 12. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, it after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, except that Buyer's Deposit, if any, shall be promptly refunded to Buyer and thereupon this Contract shall deemed terminated and of no further force and effect. If no such election is made by the Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 13. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of the Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party ten (10) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to the Buyer for any failure to deliver the Property to Buyer. SECTION 14. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their Sales Contract-Mill Mountain rower and Communications Budding doc 7 employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Seller agrees to indemnify the City against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. SECTION 15. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-2333 With a Copy to: Assistant City Manager for Community Development City of Roanoke 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Fax No. 540-853-2333 If to Buyer: Times-World, LLC Attn: Name: Title: General Manager Address: Roanoke. Virginia Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 16. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. Sales Cnnaacc_Mill Mountain I owea and Cmmnwicnuons Building doe 8 SECTION 17. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 18. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart. SECTION 19. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 20. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 21. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 22. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 23. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not Sales Comma-Mill Mountain rower and Communications Hui Iding.doc 9 bar the nondefaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 24. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1, be advised that the City does not discriminate against faith-based organizations. SECTION 25. FORCE MAJEURE. A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage is directly caused by an occurrence beyond the reasonable control of such party and its agents, employees, contractors, subcontractors and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other direct causes, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Contract any one delay caused by any such occurrence shall not be deemed to last longer than 6 months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of 6 months. Any party claiming a force majeure occurrence shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of 6 months of delays or failure of performance of any type have been claimed as being subject to force majeure, no further delays or failure of performance or claims of any type shall be claimed as being subject to force majeure and/or being an excusable delay. SECTION 26. TERMINATION OF LEASE AGREEMENT. The parties agree that the lease agreement entered into by the parties dated May 4,1998, for lease of the Property from Seller to City, is hereby amended to provide that it shall automatically end upon the Closing Date, without either party owing the other party any further obligation of any kind imposed by the lease agreement. SECTION 27. RELEASE OF CLAIMS Upon the Closing, Seller agrees that it shall release and discharge to the City any and all claims it has, or may have, to the Property, and any other fixture or personal property of Seller on the Property, in addition to any rights to receive rents or other payments from the Sales Contma—Mill Mountain Tower and Communications nuilding.doc 10 third party lessees and licensees identified above. Seller may only enter the Property after Closing with the consent of the City. SECTION 28. DEFAULT The parties acknowledge and agree that if either party defaults and does not comply with the terms of this Contract, the other party may, upon notice of such default, bring any action allowable at law or equity against the other party for damages or specific performance, or any remedy allowed by applicable law. Provided however, that the breaching party shall be entitled to a seven (7) day period to cure such default after receiving written notice of such default. If such a default occurs before Closing, the nondefaulting may postpone Closing until the default is cured, or cancel the Agreement if the default is not cured, in the nondefaulting party's discretion. SECTION 29. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. SELLER: ATTEST: TIMES-WORLD, LLC, a Virginia limited liability company By (SEAL) Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2012, by the for Times World, LLC, for and on behalf of said company. Sales Contract-Mill Mountain Tower and Communications auildlnadoc 11 My commission expires: Notary Public SEAL BUYER CITY OF ROANOKE, VIRGINIA By (SEAL) Stephanie M. Moon, City Clerk Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2012, by Christopher P. Morrill, City Manager for the City of Roanoke, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Sales Contract-Mill Mountain Tower and Communications Building doe 12 Authorized by Ordinance No. Sales C■nrad-Mill Mountain lower and Communication Huildingdoc 13 kted IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of December, 2012. No. 39549-120312. A RESOLUTION closing certain City offices Monday, December 24, 2012, and Monday, December 31, 2012, and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed Monday, December 24, 2012, and Monday, December 31, 2012. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours Monday, December 24,2012, and Monday, December 31, 2012. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work Monday, December 24, 2012, and/or Monday, December 31, 2012, such employees, regardless of whether they are scheduled to work Monday, December 24, 2012, or Monday, December 31, 2012, shall be accorded time off at a later date. Employees of the Fire-EMS Department working the three platoon system shall receive a total of twenty-four hours of holiday time due to their work schedule for these days. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. ATTEST: A Th' t City Clerk. L:A ATTORNEY VDATAACLLCIAMeasures\holiday time off december 2012doc 666 �e wo 1iG tri CITY COUNCIL AGENDA REPORT t L. ON To: Honorable Mayor and Members of City Council Meeting: December 3, 2012 Subject: Additional Holiday Leave for City Employees Background: Currently, Tuesday, December 25, 2012 and January 1 , 2013 are scheduled holidays for City of Roanoke employees, with City offices closed. Providing Monday, December 24 and 31 , 2012, as additional holidays is a way to recognize our employees for their contributions during these challenging economic times. The surrounding localities of Roanoke County and Salem, as well as the Commonwealth of Virginia will close their respective offices on December 24 and 31 , 2012. Considerations: Emergency employees and other employees performing necessary and essential services who cannot for reasons of public health, safety, or welfare be excused from work on Monday, December 24 and 31 , 2012, will be given time off at a later date. The payroll cost for one work day is approximately $302,401 . This is not an incremental cost as funding is included in the budget for salary and benefit expenses. Some savings in energy costs are anticipated by closing administrative facilities, libraries, and community centers. It is estimated these savings will be approximately $1 ,500. Recommended Action: Adopt the attached resolution approving additional holiday time consisting of all day on Monday, December 24 and 31 , 2012 for all City employees in recognition of their outstanding service throughout the year. (z2 Christopher P. Morrill City Manager Distribution: Council Appointed Officers Carolyn H. Glover, Director of Human Resources Amelia C. Merchant, Director of Management & Budget .4 I CITY OF ROANOKE 4.3 DEPARTMENT OF FINANCE A t- 215 Church Avenue,SW, Suite 461 iii. ; !- PO Box 1220 ar Roanoke,Virginia 24011-1220 Telephone: 1540)853-2821 Fax: (54018536142 ANN IL SHAW VER.CPA ANDREA F.TRFNT Assistant Director of Finance Director of Finance December 3, 2012 Dear Mayor Bowers and Members of City Council: Subject: October FYI 3 Financial Report - City of Roanoke September FYI 3 Financial Report - Roanoke City Public Schools The following financial report provides commentary on the City's financial results for the four months ended October 31 , 2012. FY13 Year to date revenues increased 0.6% or $394,000 from the prior year as adjusted for Daycare and the meals tax rate reduction as presented in the accompanying financial statements. In comparison, the budgeted increase was 0.4% when comparing the FY13 adopted budget against the FY12 adjusted final results. Growth resulted from favorable results in other local taxes, permits and fees, fines and forfeitures, charges for services and miscellaneous revenue. Significant year-to-year variances are explained in further detail in this report. Year to date expenditures in FY13 increased 3.5% from the prior year as adjusted for Daycare and Eat for Education funding of Roanoke City Public Schools. The adopted expenditure budget for FY13 was 0.1% or $207,000 higher than the adjusted FYI 2 actual. A 3.0% pay raise for employees went into effect July 2012 and will affect comparisons throughout the year. Also, to the Sheriff's Department employees enrolled in the Virginia Retirement System (VRS), an additional pay increase of 5.0% was provided to offset an employee contribution of 5.0%. The City expects to meet its overall expenditure budget for FY13 and carefully manages the budget to ensure obligations are met. Major 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: Honorable Mayor and Members of Council December 3, 2012 Page 2 General Property Tax revenues were below FY12 by 1 .1% or $425,000. Current year Real Estate taxes remained fairly stable, while delinquent collections increased. This increase was offset by a decrease in Personal Property taxes resulting from higher exonerations, however, the vast majority of Personal Property Taxes are collected during the final months of the fiscal year. Other Local Tax revenues increased 2.6% or $329,000 compared to the same period in FY12 as adjusted for the meals tax rate reduction. The Transient Occupancy tax performed well with growth of 9.7% as a result of growth in room demand. As a result of The Roanoke Valley Convention and Visitors Center endeavor to increase media coverage, we have seen a significant increase in travel to the city. Sales tax increased 4.9% or $148,000 with some of the larger businesses posting slight increases. This tax is received two months in arrears so October revenues reflect August year to date sales. The favorable results were in part due to increased retail and restaurant activity following the late June derecho event. Food and Beverage tax increased 4.6% over the prior year when adjusted for the change in the tax rate. Permits, Fees and Licenses increased by 12.7% or $38,000 compared to FY12 mainly as a result of increased building inspection fees from a few major projects. Fines and Forfeitures increased by 17.4% or $70,000 compared to FY12 mainly as a result of improved collections of delinquent personal property taxes. Revenue from the Use of Money and Property decreased by 21 .8% or $1 5,000 compared to the same period in FY12, primarily a result of lower interest earnings offset by increased shelter rentals resulting from a new fee added in July. Intergovernmental revenues adjusted for the change in Daycare, increased 1 .1%. This increase resulted from the timing of a prior year state audit adjustment in Social Services. Rental car tax increased 42.7% due to a change in timing of payments from quarterly in the prior year to monthly in FY13. Miscellaneous Revenues were up 32.1% or $57,000, mainly due to the receipt of $37,440 from Verizon for the settlement of a class action suit related to public service corporation personal property assessments statewide. Honorable Mayor and Members of Council December 3, 2012 Page 3 Expenditures: The fiscal year 2013 adopted General Fund expenditure budget totaled $253.0 million and in addition, included funding of approximately $1 .1 million to cover contracts and purchase orders made during fiscal year 2012 but not paid by the end of that year. Significant categorical variances are discussed as follows: Heath and Welfare increased 0.7% over an adjusted prior year. This was mainly due to increased Comprehensive Services Act (CSA) Residential Foster Care expenditures. Public Safety was up 9.7% or $2,085,000 due to the timing of a contract for food at the Jail. The year over year variance was also affected by increased Jail health care charges resulting from an increase in base health care cost, expansion in dental and psychiatric hours provided and additional healthcare coverage. These additional services were added based on inmate needs as determined by the Jail and the health care provider, Conmed. Public Works increased 45.8% or $3,393,000 from the prior year due to the timing of the recording of the annual paving contract. This contract was incurred in August in FY13 compared to November of the prior year. Adjusting for this, the increase would be 3.1%. Community Development increased 14.5% or $301 ,000 over prior year. The majority of this resulted from the increase in quarterly payments to the Roanoke Valley Convention and Visitors Bureau for a marketing initiative in FY13; an increase in payment to Downtown Roanoke Inc. due to increased district size and the timing of contracts for weed and trash abatement. Civic Facilities Fund In October, the Civic Center held 21 events with 29,942 attendees. This was three less events, but 11 ,797 more attendees than in October 2011 . The number of October 2012 events fell seven short of budget while attendance exceeded budget by 10,451 . Event highlights for October included comedian Mike Epps, singers Grace Potter and Eric Church, the Roanoke Symphony Orchestra, Craftsmen Fall Classic, and the Roanoke Valley Gun Show. For FYI 3 year-to-date, there have been 69 events with 52,538 attendees. This was a decrease of 2.8% or two less events, but an increase of 47.1% or 16,827 more attendees compared with the same period in FY12. The programming at Honorable Mayor and Members of Council December 3, 2012 Page 4 the Civic Center covers a wide variety of entertainment events which can cause comparisons between years to vary widely. The FY13 year-to-date Operating Loss for the Civic Center was $760,000, an improvement of 13.5% or $119,000 from FY12. Revenues decreased by $164,000, while expenses decreased by $283,000. The year-to-date Change in Net Assets for FY13 was a decrease of $904,000, compared to an FY12 decrease of $1 ,034,000, a 12.6% or $130,000 improvement. November programs included a Martina McBride Christmas concert, a performance by comedian Brian Regan, the annual Stocked Market, and the Virginia Baptist Mission annual meetings. Through October, the net operating loss for Global Spectrum, which manages the Civic facilities, has improved $185,000 compared to their original FY13 year-to-date budget. Parking Fund The City's Parking Fund operates seven garages and five surface lots with a total FY13 budget of $3.3 million. While each facility generates varying levels of income or loss, the Parking Fund as a whole meets all cash flow needs, including debt service, without a General Fund subsidy and generates sufficient working capital to fund facility improvements and repairs. The October FY13 year-to-date operating revenues decreased 7.5% or $81 ,000 compared to FY12. Facility revenues decreased about 5.5% or $52,000. Five facilities are ahead of FY12 and seven facilities are behind FY12. A major customer being three months in arrears reduced facility revenues by about $94,000 or 8.7% affecting three locations. If this customer was current, revenues would be about $42,000 ahead for the year, with eight facilities ahead of last year and only four behind. The remaining $29,000 revenue decrease was due to lower on-street parking ticket fines and fees as a by-product of downtown construction as well as Virginia Western Community College (VWCC) initiating their own ticketing program in July 201 1 . The early months of FY12 still saw some ticket revenues from VWCC. FY13 revenues contain no revenues from VWCC. On the expense side, spending levels for FY13 are up 19.6%, or $88,000, compared to FY12. This is partially due to $23,000 of expense for a Parking Coordinator position now recorded in the Parking Fund. In FY12, this position was charged to General Fund. In addition, year-to-date maintenance expenses Honorable Mayor and Members of Council December 3, 2012 Page 5 are up about $32,000, driven primarily by a new alarm system at Church Avenue. Year-to-date water and electric expenses have also risen, by approximately $10,000. While some Parking Fund expenses have increased, the City is making needed investments in its parking infra-structure. City of Roanoke Pension Plan The Pension Trust Fund experienced an investment gain of 4.4% for the fiscal year- to-date through October 2012, which reflects gains in the domestic equity, international equity, convertible bond, real estate and fixed income categories of investments. Investment performance for this period fell slightly below the Policy Portfolio benchmark performance of 4.6%, due to underperformance in the domestic equity investment allocation. 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 four month period ending October 2012, Plan Net Assets increased $6.3 million. This was a result of $3.6 million in employer contributions and $12.8 million in net investment gains offset by $10.1 million in benefit payments and Plan administrative expenses. Benefits Paid to Participants increased 3.9% due to a combination of the 1 .5% cost of living adjustment provided to eligible retirees effective July 1 , 2013 and higher retirement allowances having been earned by more recent retirees. Roanoke City Public Schools Financial performance on Roanoke City Public Schools is reported to City Council on a quarterly basis. These results are reported on a one-month lag compared to City results based on the timing of School Board and City Council meetings. Accordingly, this report includes results through September. The School Fund amounts as presented in this report correspond with amounts reported to the School Board on November 12, 2012. Revenues: School Fund revenues decreased 0.8% or $254,000 compared to FY12. State Revenue decreased 13.1% or $1 .3 million due to timing of state funding. State Sales Tax increased 18.9% or $506,000 due to the timing of remittances from the state. Other Revenue increased 79.4% or $398,000 primarily related health medical claims reimbursement. Honorable Mayor and Members of Council December 3, 2012 Page 6 Transfer from the City of Roanoke decreased 5.2% or $1 .0 million as a result of the change in the Food and Beverage tax which reverted from 7% to 5% as of July 1 , 2012. The schools no longer receive the additional 2%. Expenditures: School Fund expenditures increased 1 .6% or $498,000 compared to FY12. Instruction expenditures increased 10.6% or $1 .6 million primarily related to increased salary costs and the Virginia Retirement System (VRS) rate changes. Operations and Facilities expenditures decreased 26.8% or $931 ,000 due to reduced summer work programs. Closing In closing, the economy has continued to expand at a moderate pace. Strains in global financial markets and the U.S. fiscal cliff continue to pose significant downside risks. Growth in employment has been slow. The September 2012 unemployment rate for the Roanoke MSA was 5.9% as compared to 5.6% for Virginia and 7.6% for the United States. The Federal Reserve is continuing its policy to hold interest rates at all-time lows and predicts this to continue through mid-2015. Overall, City taxes remain stable thus far in FY13. Sales tax has grown, and the City continues to benefit from consumer spending through the meals and lodging taxes. Current financial results indicate revenues and expenditures should perform according to budget when adjusted for some timing of contracts which affect year-to-year comparability. Please contact me with any questions you have on these financial statements. Sincerely, 66 919.0:2.. Ann H. Shawver Director of Finance Attachments Honorable Mayor and Members of Council December 3, 2012 Page 7 c: Christopher P. Morrill, City Manager Daniel J. Callaghan, 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 CITY OF ROANOKE,VIRGINIA GENERAL FUND FOR THE FOUR MONTHS ENDED OCTOBER 31,2012 STATEMENT OF REVENUE (UNAUDITED) Current Revenue Actual Actual Percent of Revenue Budget July 1-October31 July 1.October 31 FY13 n FY12 Budget Revenue Source Budget Variance 2012-2013 2011-2012 Variance Received General Property Taxes $ 103921000 $ (64107149) $ 39,118,951 $ 39542,337 (1.1%) 37.6% Other Local Taxes 71231,000 (58284420) 12,946,580 12,617190 26% 182% Permits,Fees and Licenses 1,013,000 (678,674) 334326 296538 12.7% 33.0% Fines and Forfeitures 1,392000 (919,184) 472816 402,692 174% 340% Revenue from Use of Money and Property 210000 (155,618) 54382 69,575 (21.8%) 259% Intergovernmental 64,415,000 (51520,880) 12,894,120 12,755.527 1.1% 20.0% Charges for Services 7,767,000 (5.413,280) 2,353,720 2,179,625 8.0% 30.3% Internal Services 2,632,000 (2,043,585) 588,415 559,962 5.1% 22.4% Transfers From Other Funds 42,886 (14000) 32,886 - 100.0% 787% Miscellaneous Revenue 471 000 (268,117) 202,883 178 490 13.7% 43.1% Subtotal $ 253,097,886 $J184,100,807) $ 68,997,079 $ 68,602,736 0.6% 272% 2 Cents Meals Tax component 1,194,230 Daycare 687,779 Total $ 70 r 684 STATEMENT OF EX PENDITURES(EXCLUDES ENCUMBRANCES) (UNAUDITED) Current Actual Actual Percent of Expenditure Uncommitted July 1-October31 July 1-October 31 FY13 vs FY12 Budget Expenditures Budget Balance 2012-2013 2011-2012 Variance Obligated General Govemment $ 13,379,553 $ 9014394 $ 4.365,159 $ 4.332,352 0.8% 32.6% Judicial Administration 7,805.023 5,263,952 2.541,071 2,352,420 60% 32.6% Public Safety 59,721,043 38,390,112 21,330,931 20,188,284 5,7% 35,7% Public Works 25,070,530 17,706,659 7,363,872 6,388,525 15.3% 294% Health and Welfare 37,116,071 27,004,944 10,111,127 9,580,871 5.5% 272% Padre,Recreation and Cultural 9,498696 6,111,508 3,384,188 3,231,018 4.7% 35.6% Community Development 6171347 4,06 2,691 2,108,658 1,864,244 13.1% 34.2% Transfer to Debt Service Fund 14.005,255 3,600,308 10,404,947 10,254,296 1.5% 74,3% Transfer to School Fund 72,770400 48,513,600 24,256,800 23,932,913 1.4% 33.3% NondepaNnental 8.67,329 7 612 601 1,034,728 1,872,326 (417%) 12.0% Subtotal 254,182,247 $ 167.280,768 $ 86,901,479 $ 83,997249 3.5% 34.2% Eat for Education 1,597,155 Daycare 1,174,819 Total $ 86,769,223 i CITY OF ROANOKE,VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FOUR MONTHS ENDED OCTOBER 31, 2012 (UNAUDITED) FY 2013 FY 2012 Operating Revenues Rentals $ 587,303 $ 696,823 Event Expenses 241,823 304,539 Advertising 60,702 72,714 Admissions Tax 94,337 76,017 Facility Surcharge/Ticket Rebate 86,669 89,872 Commissions 23,709 - Ancillary 22,453 20,331 Miscellaneous 27,683 48,255 Total Operating Revenues 1,144679 1,308,551 Operating Expenses Personal Services 391414 418,230 Operating Expenses 1,096,740 1,338,479 Management Fees 121,894 118,000 Depreciation 294,584 312,820 Total Operating Expenses 1,904,632 2,187,529 Operating Loss (759,953) (878,978) Nonoperating Revenues/(Expensed Investment Income 18,905 18,896 Interest Expense (163,196) (199,194) Net Nonoperating Expenses (144,291) (180,298) Loss Before Transfers and Contributions (904,244) (1,059,276) Transfers and Contributions Transfer from Capital Projects Fund - 25,000 Net Transfers and Contributions - 25,000 Change in Net Assets $ (904,244) $ (1,034,276) 2 CITY OF ROANOKE,VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FOUR MONTHS ENDED OCTOBER 31, 2012 (UNAUDITED) FY 2013 FY 2012 Operating Revenues Market Garage $ 159,986 $ 174,515 Elmwood Park Garage 125,429 158,513 Center in the Square Garage 97,036 97,764 Church Avenue Garage 197,513 210,049 Tower Garage 121,188 111,658 Gainsboro Garage 45,742 55,483 Campbell Garage 27,528 19,973 Williamson Lot 22,653 26,016 Higher Ed Center Lot 19,661 18,922 Market Lot 7,066 6,965 Elmwood Lot 16,416 19,772 Warehouse Row Lot 12,462 9,920 West Church/YMCA Lots 8,757 8,757 Off Street Parking Violations (All Locations) 18,729 13,524 On Street Parking Violations 115,916 145,020 Total Operating Revenues 996,082 1,076,851 Operating Expenses Operating Expenses 535,434 447,831 Depreciation 274,688 274,204 Total Operating Expenses 810,122 722,035 Operating Income 185,960 354,816 Nonoperating Revenues/(Expenses) Investment Income 17,849 16,488 Miscellaneous 17,455 - Interest Expense (220,901) (236,938) Net Nonoperating Expenses (185,597) (220450) Income Before Transfers and Contributions 363 134,366 Change in Net Assets $ 363 $ 134,366 3 CITY OF ROANOKE,VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED OCTOBER 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 OCTOBER 31.2012. BALANCE AT BALANCE AT BALANCE AT SEP 30,2012 RECEIPTS DISBURSEMENTS OCT 31,2012 OCT 31,2011 CONSOLIDATED FUNDS $72,648,378.32 $28,140,124.20 $34,177,510.08 $66,608,990.44 $83,884,420.92 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 OCTOBER 31,2012.THAT SAID FOREGOING: CASH CASH IN HAND $15,507.69 CASH IN WELLS FARGO BANK 10,668,269.74 CASH IN VALLEY BANK 2,944.35 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 29,210,790.70 SMITH BARNEY GOVERNMENT MONEY MARKET FUND 2,798,577.36 CERTIFICATES OF DEPOSIT 13,513,504.97 U.S.AGENCIES 4,000,000.00 VIRGINIA AIM PROGRAM(U. S.SECURITIES) 21,012.37 VIRGINIA SNAP PROGRAM(U. S. SECURITIES) 6,388,383.28 TOTAL $66,608,990.44 NOVEMBER 19,2012 /GGCY/W' VELYN POWERS,TREASURER 4 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE FOUR MONTHS ENDED OCTOBER 31, 2012 (UNAUDITED) FY 2013 FY 2012 Additions/(Reductions): Employer Contributions $ 3,597,024 $ 3,775,726 Investment Income Net Appreciation/(Depreciation) in Fair Value of Investments 11,872,893 (14,720,067) Interest and Dividend Income 948,746 1,189,471 Total Investment Gain/(Loss) 12,821,639 (13,530,596) Less Investment Expense 16,298 155,115 Net Investment Gain/(Loss) 12,805,341 (13,685,711) Total Additions/(Reductions) $ 16,402,365 $ (9,909,985) Deductions Benefits Paid to Participants $ 10,069,515 $ 9,692,518 Administrative Expenses 6,663 4,716 Total Deductions 10,076,178 9,697,234 Net Increase/(Decrease) 6,326,187 (19,607,219) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 320,545,500 330,416,109 Fund Balance October 31 $ 326,871,687 $ 310,808,890 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS OCTOBER 31, 2012 (UNAUDITED) FY 2013 FY 2012 Assets Cash $ 540,247 $ 3,308,610 Investments, at Fair Value 328,510,731 309,897,309 Accounts Receivable - 25,938 Due from Other Funds 350,571 2,034 Total Assets $ 329,401,549 $ 313,233,891 Liabilities and Net Assets Liabilities: Due to Other Funds $ 2,527,027 $ 2,424,471 Accounts Payable 2,835 530 Total Liabilities 2,529,862 2,425,001 Net Assets Held in Trust For Pension Benefits $ 326,871,687 $ 310,808,890 6 CITY OF ROANOKE,VIRGINIA SCHOOL GENERAL FUND FOR THE THREE MONTHS ENDED SEPTEMBER 30,2012 STATEMENT OF REVENUE (UNAUDITED) AUDITED Current Actual Actual Percent of Revenue July 1-Sept30 July 1-Sept30 Budget FY13 vs FY12 Revenue Source Budget 2012-2013 2011-2012 Received Variance Stale.Excluding Sales Tax $ 50337.695 $ 9.1]]515 $ 10,555,329 169% (13 1%) State Sales Tax 12.200.000 3.18]]00 2.681.208 26.1% 18.9% Federal Revenue 100.000 ' 28.413 3.232 284% 779 1% Other Revenue 4,800,000 898.120 500.486 167% 794% Transfer from the City of Roanoke 72770400 18.192,600 17,998,498 250% t1% Transfer Subtotal from Food Service Fund $ 144,508 095 5 31,559 348 $ 31,813,753 218% (0.8%) 2 Cents Meals Tax Component 1094,23400 Total $ 33007,983 STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Actual Actual Percent of Expenditure July 1-Sept30 July 1-Sept30 Budget FY13 vs FY12 Exoendlures Budget 2012-2013 2011-2012 Obligated Variance Instruction 93295337 16900.519 15.282.909 17 6% 106% Administration,Attendance and Health 11,665.525 2455850 2]2]510 21 1% (10 0%) Transportation 9,3]]460 2871394 2,425,318 306% 184% Operations and Facil0les 14.180.119 2,537,530 3,468.102 17 9% (26.8%) Debt Service 16003,945 6,595]4] ]0538]5 41.2% (66%) Transfer to Athletics Fund 1 500000 375,000 275 000 250% 364% Total 149,018,386 31,736,040 31,237,714 21.3% 1.6% Note: The Food Services and Athletics Funds are not included in Ibis financial statement Roanoke City Public Schools Revenue Categorical Report Month and Year to Date Ended September 30,2012 Unaudited Fiscal Year 2012-13 Fiscal Year 2011-12 Dollars Remaining %of Budget FY 2012-13 September FY 2012-13 FY 2011-12 FY 2011-12 FY 2012-13 FY 2011-12 FY 2012-13 FY 2011-12 Revenue Budget 2012 YTD Actual Budget YTD Actual Revenues Revenues Revenues Revenues State,Excluding Sales Tex $ 54,337,695 $ 1834,952 $ 0177,515 $ 52,587,968 $ 10.555.329 $ 45,160,180 $ 42032,637 16.89% 20.07% Slate Sales Tax 12,200.000 1034,131 3,187700 11,500,000 2681,200 9,012,300 8818,792 26 13% 23.31% State Stabilization Funds - - - - 507.226 - (507.226) N/A N/A Federal Revenue 100,000 6,177 28.413 100,000 3,232 71,507 98,768 28.41% 3.23% Other Revenue 4,800,000 33.935 '898,120 4.246,000 500,486 3901880 3745514 18.71% 11.79% Total Non-City Revenue 71.437,695 2909,195 13,291.748 88,433,944 14,247,481 58,145947 54,188485 1861% 2002% City Funds 72770400 6,064,200 18,192600 78770910 19,192,728 54577,800 57,578,186 2500% 25.00% Total Operating Revenue 140208095 8,973,395 31484348 145.204,880 33.440,209 112,723.747 111.764,671 21.83% 2303% Interfund Transfer to Athletics (1 500,000) (125,000) (375,000) (1.100000) (275.000) (1.125,000) (825,000) 2500% 25.00% Interfund Transfer to Food Service 300,000 25,000 75.000 300,000 75.000 225,000 225,000 25.00% 000% Funds from the Balance Sheet 4,510291 - - - - 4,510291 - 000% 000% Total other Sources of Funds 3,310,291 (100000) (300000) (800,000) (200,000) 3,610,291 (600,000) -906% 25.00% Total General Fund Revenue and Other Sources of Funds 147518386 8.873,395 31,180348 144,404,880 33,240.209 118334.038 111.160671 21.14% 23 02% Total Food Service Revenue 6.250.000 444718 695,118 6,050,000 333,507 5,554,882 5716493 11.12% 551% Total Athletics Revenue 1,600.000 154,317 428,350 1.200.000 313.516 1,171,650 886,084 26.77% 26 13% Total Operating,Food Service,and Athletics Revenue $ 155,368,386 $ 9,472,428 $ 32307,818 $ 151,654,880 $ 33887,232 S 123060570 E 117,767,648 20.79% 22.34% Nate 1 Roanoke City Fubr¢Schoen Is motored under the Governmental Acceunnnr standard Si to use a modified accrued method ter reporting sales ter.. Roanoke City Public Schaob Expenditures Categorical Report Month and Year to Date Ended September 30.2012 Unaudited Fiscal Year 2012-13 Fiscal Year 2011-12 Dollars Remaining %Commfiled Final Remaining Remaining 2012-13 2011-12 FT 2012-13 September FY 204-13 Encumbrances FY 2011-12 FY 2011-12 FY 2012-13 FY 2011-12 %of Budget %of Budge Expense Budget 2012 YTD Actual YTG Budget YID Actual Expendilures Expenditures Comm,lled Committed Instruction 5 98,295337 5 9377,933 $ 16,900,519 3 298276 $ 93.308.892 $ 15282,909 $ 79096542 $ 78,025.983 1786% 16.38% Administration.Attendance and Health 11665,625 738.136 3455,850 41050 11600746 2727,510 9,168625 8877,236 2140% 2392% Transpodalion 9,373,460 1477.190 3871394 - 9,184.393 2.425318 6502,066 6.759,075 30.63% 26.41% Operations B Fadlities 14,180,119 989.231 2,537.530 268.918 14,377,482 3468,102 11353671 10909,380 1993% 24 12% Debt Service 16003,945 - 6,595,747 - 16,129.367 7.050.875 9.400,198 9070092 4121% 43.76% Total General Fund 147,518,386 12,582,490 31,361,040 628244 144,404,880 30,962,714 115,529,102 113,442,166 21.68% 21.44% Total Food Services Fund 6,250,000 446,730 587,214 - 5,750,000 1,145,241 5,662,788 4,604,759 9.40% 19.92% Total Athletics Fund 1,800,000 121,512 147,669 102,519 1,000,000 322,107 1,34E812 677,893 15.64%. 32.21% Total Operating Funds 5 155,368,386 $ 11150,232 $ 32,095,923 $ 730,783 $ 151,154,800 $ 32,430,062 $ 122,541,700 $ 118,724,818 21.13% 21.45% 7.b. 1 . City of Roanoke Financial Report Four Months Ended October 31 , 2012 FY13 General Fund Overview • FY13 adopted budget 0.4% below FY12 actual adjusted for Daycare and Eat for Education. • Revenues YTD increased 0.6% in FY13 compared to FY12 as adjusted. • Other Local taxes increased 2.6%. Sales, Motor Vehicle Licensing, and Transient Occupancy taxes showed favorable results. • Expenditures are budgeted at 0. 1 % below FY12 actual. • Expenditures YTD increased 3.0% compared to FY12 as adjusted, primarily resulting from the timing of service contract for paving in Public Works. • The General Fund is expected to remain within budget for the year. 2 Promising Sales Tax Growth FY13 Revenue Estimate $18 .788 M 6.0 to 5.0 c °- 4.0 3.0 2.0 Three Months Ended 9/30 • Prior YTD Actual ❑ YTD Budget • YTD Actual Sales tax revenues increased 4 .2% . Higher revenues were generated by increased activity following the late June derecho event. 3 Meals Tax Shows Growth FY13 Revenue Estimate $12.502 M 4 3.5 - - - - 3 -. - • Prior YTD w 2.5 _ Adjusted C YTD .2 2 Budget 1.5 - - • YTD Actual 1 - - 0.5 - - - 0 Three Months Ended 9/30 Revenue was 2.0% higher than FY13 budget. The tax rate changed from 7.0% to 5.0% effective July 1, 2012. Adjusting for this, revenues were 4. 6% over prior year. 4 Lodging Tax Exceeding Budget and Prior Year Transient Occupancy Tax Revenue Estimate $3. 153 M 1.25 En 1.00 0.75 • Prior YTD ° ❑ YTD Budget 0.50 • YTD Actual 0.25 0.00 Four Months Ended 10131 Lodging tax revenue increased 9.7% compared to FY12 and 2.8% compared to budget as a result of improved travel activity. 5 Cigarette Tax Exceeding Budget Cigarette Tax Revenue Estimate $2.409 M 1.00 rmimmil 0.75 c ■ ■ • Prior YTD 2 0.50 ❑ YTD Budget i ■ ■ • YTD Actual 0.25 ■ ■ 0.00 Four Months Ended 10/31 Cigarette tax revenue has decreased 2 . 1 % since FY12 but is 0.4% higher than budget. 6 Admissions Tax 5 Admissions Tax Revenue Estimate $0.420 M 0.2 to • Prior YTD c 2 0.1 ❑ YTD Budget • YTD Actual 0 Four Months Ended 10/31 Admissions tax revenue decreased 2.6% since FY12 and is 0.6% below budget. 7 Funding From the Commonwealth 25 % of Budget Budgeted revenues up $.807M or 1 % from FY12 FY13 FY12 FY13 % FY13 % Revenue Oct YTD Oct YTD $ Change Change Collect Trend Non- $ 919,000 $ 888,000 $ 31,000 3.5% 11.2% categorical Shared 1 ,957,000 2,011 ,000 ( 54,000) ( 2.7%) 22.2% 4 Social 5,127,000 5,083,000 44,000 0.9% 18.6% It Services Other 4,853,000 4,774,000 79,000 1 .6% 24.6% Categorical • Other Categorical increased mainly in funding for Street Maintenance and the timing of funding for E-911 Wireless. Note: Social Services for FY12 has been adjusted for the change in Daycare. 8 Other Local Revenues All Other Revenues Comprise 5% of Budget FY13 FY12 FY13 % FY13 % Revenue Oct YTD Oct YTD $ Change Change Collected Trend Permits $ 334,000 $ 296,000 $ 38,000 12.7% 33.0% Fines & 473,000 403,000 70,000 17.4% 34.0% I. forfeitures Interest & 54,000 69,000 ( 15,000) (21 .8%) 25.9% 4 rental Charges for 2,354,000 2,180,000 174,000 8.0% 30.3% services Internal 588,000 560,000 28,000 5.1 % 22.4% it services Miscellaneous 204,000 179,000 25,000 14.0% 43.3% t • Fines and forfeitures up from increased collections of delinquent personal property taxes. • Charges for services increased due to increased reimbursements for Housing Federal Prisoners as well as improved EMS collections. 9 • Miscellaneous increased due to proceeds from a class action suit with Verizon. Personnel (Salary/Benefit) Lapse Performing Ahead of Target $50 to o` $40 i $30 5.. $20 R cn $10 Target Actual 4 Mo Ended 10/31 Fiscal Year savings projected to exceed budget by $150,000. YTD expenditure is .5% or $138,700 ahead 10 of target. Workers' Compensation Expenses Above Target $2,000 N $1 ,500 g $1 ,000 Ct 3 $500 s $0 ~ Target Actual 4 Mo Ended 10/31 YTD expense is 89. 1 % or $500,000 above target of $561 ,000 related to an increase in expenditures on large claims and as a result of several older claims with ii ongoing costs. Comprehensive Services Act Expenses Above Target $5.0 $4.0 _ $3.0 _ $1 .0 FY 2012 Actual FY 2013 Actual Target 4 Mo Ended 10/31 YTD expenses are 9.4% or $200,800 above target of $2 . 1 M . 12 Residential Juvenile Detention Expenses Slightly Below Target $1 ,000 N $750 c $500 ca ul $250 s $0 Target Actual 4 Mo Ended 10/31 YTD expense 1 .3% or $4,445 below target of $333,000 13 Solid Waste Tipping Fees -Air Above Target $2,000 y $1 ,500 . $1 ,000 co • $500 t $0 ~ Target Actual 4 Mo Ended 10/31 YTD costs are 8.65% or $61 ,600 above target of $2. 1 M . Tipping Fees increases due to derecho storm debris. Reimbursement for storm related damages has been applied for from FEMA and VDEM . 14 Motor Fuel Expenses -At Above Target $1 ,000 c $750 (uS $500 0 $250 $0 Target Actual 4 Mo Ended 10/31 YTD expense 12.4% or $73,519 above a non-seasonally adjusted target of $591 k. Increase above target is attributed to derecho storm related clean up expenses. Costs are controlled by practice of contracting for fuel. 15 Civic Facilities Fund Comparative Statement of Revenues and Expenses For the Four Months Ending October 31 , 2012 FY 2013 FY 2012 Variance Total Operating Revenues $ 1,144,679 $ 1,308,551 (13%) Total Operating Expenses 1,904,632 2,187,529 13% Operating Loss (759,953) (878,978) 14% Net Nonoperating Expenses (144,291) (180,298) 20% Loss Before Transfers and Contributions (904,244) (1,059,276) 15% Net Transfers and Contributions - 25,000 100% Change in Net Assets $ (904,244) $(1,034,276) 13% • 69 events FY13 YTD which is a decrease of two events over one year ago but an increase of 47.1 % or 17,000 attendees. • October 2012 had seven less events but attendance exceeded budget by 10,000. • October events included comedian Mike Epps, singers Grace Potter and Eric Church, the Roanoke Symphony Orchestra, Craftsmen Fall Classic, and the Roanoke Valley Gun Show. • Decreased operating expenses which outpaced decreased operating revenues contributed to an operating loss improvement compared to prior year. 16 Parking Fund Comparative Statement of Revenues and Expenses For the Four Months Ending October 31 , 2012 FY 2013 FY 2012 Variance Total Operating Revenues $996,082 $1,076,851 (8%) Total Operating Expenses 810,122 722,035 (12%) Operating Income 185,960 354,816 (48%) Net Nonoperating Expenses (185,597) (220,450) 16% Income Before Transfers and Contributions 363 134,366 (100%) Change in Net Assets $ 363 $ 134,366 (100%) • Operating Revenues decreased $81 K primarily due to a major customer being three months in arrears. If this customer were current, revenues would have been ahead. • Parking Fund operating expenses increased $88K mainly resulting from a new alarm system at Church Avenue. 17 Pension Plan Trust Roanoke Asset Allocation 10/31/12 Performance Period Pension Plan policy One Month (0.8%) (0.7%) rr---N\ Fiscal YTD 4.4% 4.6% One Year 11.6% 10.8% Three Years 10.9% 10.1% Five Years 2.4% 1.7% • US Equities 400 •Cash Equiv ■ Low (2/28/09) ■ Real Estate 350 Kr I •6/30/08 o Balanced •Convertibles 300 . NM , •■6/30/09 •International Equities •US Fixed Income 250 r , •6/30/10 ❑International Emerging Equities 200 I ' •6/30/11 •Infrastructure Funds ❑6/30/12 150 I I • 10/31/12 100 ■ High (10/31/07) Pension Plan assumed rate of return is Market Value Assets 7.75% (Millions) 18 Unemployment Trends 9.0% 8.0% • Dec 11 7.0% I ❑ Mar 12 5.0% r I • Jun 12 4.0% ' , , I • Jul 12 3.0% I , I . I • Aug 12 Roanoke VA US ❑ Sep 12 MSA September unemployment rates decreased for the US, Virginia and the Roanoke MSA. 19 City Performance Stable Through October • Several local taxes continue to demonstrate strong growth : sales, meals and lodging taxes in particular • Expenditures through October are ahead of budget but this is early in the fiscal year and variances are expected to be resolved • Pension Plan is performing slightly under policy target in the short term but is exceeding policy target in the longer one to five year terms • Roanoke Pension Plan in top decile for the year and in top third of plans for five years 20 .� CITY OF ROANOKE rti - OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 1f. rIF, Roanoke,Virginia 24011-1536 • 9 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 4, 2012 Christopher P. Morrill Daniel J. Callaghan City Manager City Attorney Roanoke, Virginia Roanoke, Virginia Gentlemen: At the regular meeting of Council of the City of Roanoke held on Monday, December 3, 2012, discussion was held regarding the reduction in the number of City precincts from 32 to 19. The Council will continue its discussion regarding the proposed reduction in the number of City precincts from 32 to 19 at its next regular scheduled meeting on Monday, December 17, 2012. For your information, I am attaching copy of a detailed transcript wherein you were instructed to share the comments of the Council with the City Electoral Board and City Registrar. Sincerely, Stephanie M. Moon, MMC City Clerk Attachment pc: Melvin Williams, Secretary, Roanoke City Electoral Board Lavern Shepherd, City Registrar CITY OF ROANOKE :17 - OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail elerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk December 4, 2012 CECELIA T.WEBB Assistant Deputy City Clerk James E. Smith 3547 Penarth Road, S. E. Roanoke, Virginia 24014 Dear Mr. Smith: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 3, 2012, you were appointed to replace Fredrick Williams as a member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 31, 2016. 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act" Pursuant to Section 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish members of the City Planning Commission with a form for Disclosure of Real Estate Holdings by December 10 of each year. State Code provisions further provide 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. James E. Smith December 4, 2012 Page 2 The Disclosure of Real Estate Holdings Form must be completed and returned to the undersigned by Tuesday, January 15, 2013. Failure to do so by the deadline shall be considered a violation of Section 2.2-3120, Code of Virginia (1950), as amended, which may result in being charged with a Class 1 or Class 3 misdemeanor. Should you have questions regarding the filing of the form, please do not hesitate to call me at (540) 853-2541. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the City Planning Commission. Sincerely, - ,„,m, -.`tom Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosures pc: Rebecca Cockram, Secretary, City Planning Commission, 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 third day of December, 2012, JAMES E. SMITH was appointed to replace Fredrick Williams as a member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 31, 2016. Given under my hand and the Seal of the City of Roanoke this fourth day of December, 2012. ( ' City Clerk • CITY OF ROANOKE • OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 - Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: slerkQroanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk December 4, 2012 CECELIA T.WEBB Assistant Deputy City Clerk Chad Van Hyning 2101 Carter Road, S. W. Roanoke, Virginia 24015 Dear Mr. Van Hyning: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 3, 2012, you were reappointed as a member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required to read and become familiar with provisions of the Act." Chad Van Hyning December 4, 2012 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue to serve the City of Roanoke as a member of the City Planning Commission. Sincerely, k4:4444.4:Jon Stephanie M. Moon, MMC 1 City Clerk l SMM:ctw Enclosures pc: Rebecca Cockram, Secretary, City Planning Commission 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 third day of December, 2012, CHAD VAN HYNING was reappointed as a member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 31, 2016. Given under my hand and the Seal of the City of Roanoke this fourth day of December, 2012. 44 41)'"__ )nin o f City Clerk CITY OF ROANOKE t yJ OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 - ' � . Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Ear (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanakeca.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk December 4, 2012 CECELIA T.WEH Assistant Deputy City Clerk Lora J. Katz 3143 Stoneridge Road, S. W. Roanoke, Virginia 24014 Dear Ms. Katz: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 3, 2012, you were reappointed as a member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Lora J. Katz December 4, 2012 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue to serve the City of Roanoke as a member of the City Planning Commission. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosures pc: Rebecca Cockram, Secretary, City Planning Commission 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 third day of December, 2012, LORA J. KATZ was reappointed as a member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 31, 2016. Given under my hand and the Seal of the City of Roanoke this fourth day of December, 2012. ALilutnALhnii),) City Clerk CITY OF ROANOKE _ r y OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 .t Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk @roanokeve.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk December 4, 2012 CECELIA T.WEBB Assistant Deputy City Clerk Mark K. Futrell 372 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Futrell: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 3, 2012, you were reappointed as a member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Mark K. Futrell December 4, 2012 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue to serve the City of Roanoke as a member of the City Planning Commission. Sincerely, 4,44U10--Arn Stephanie M. Moon, MMC City Clerk 111111 SMM:ctw Enclosures pc: Rebecca Cockram, Secretary, City Planning Commission 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 third day of December, 2012, MARK K. FUTRELL was reappointed as a member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 31, 2016. Given under my hand and the Seal of the City of Roanoke this fourth day of December, 2012. nitLuth, 7Y Ill) City Clerk CITY OF ROANOKE �*.j: - OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Room 456 • * Roanoke,Virginia 24011-1536 .. _1 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: rlerk@roauokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk December 4, 2012 CECELIA T.WERH Assistant Deputy City Clerk Benjamin S. Crawford 3542 Wright Road, S. W. Roanoke, Virginia 24015 Dear Mr. Crawford: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 3, 2012, you were appointed as a member of the Roanoke Arts Commission to fill the unexpired term of Scott I. Burton ending June 30, 2014. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Benjamin S. Crawford December 4, 2012 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Arts Commission. Sincere) Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosures pc: Melissa Murray, Secretary, Roanoke Arts Commission, 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 third day of December, 2012, BENJAMIN S. CRAWFORD was appointed as a member of the Roanoke Arts Commission to fill the unexpired term of Scott I. Burton ending June 30, 2014. Given under my hand and the Seal of the City of Roanoke this fourth day of December, 2012. C�City a CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W,Suite 456 Roanoke,Virginia 24011-1536 - Telephone: (540)853-1541 Fax: (540)853-1145 E-mall: clerk®roanokeva.gov JONATHAN K CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 4, 2012 Gregory W. Feldmann 3602 Peakwood Drive, S. W. Roanoke Virginia 24014 Dear Mr. Feldmann: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 3, 2012, you were appointed as a City representative of the City of Roanoke Pension Plan, Board of Trustees, to fill the unexpired term of Jeffrey Rakes ending June 30, 2013. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required to read and become familiar with provisions of the Act." Gregory W. Feldmann December 4, 2012 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a City representative of the City of Roanoke Pension Plan, Board of Trustees. Sincerely, Stephanie M. Moon, MM City Clerk Enclosures pc: Ann H. Shawver, Director of Finance, w/application Andrea Trent, Assistant Director of Finance 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 third day of December 2012, GREGORY W. FELDMANN was appointed as a City representative of the City of Roanoke Pension Plan, Board of Trustees to fill the unexpired term of Jeffrey Rakes ending June 30, 2013. Given under my hand and the Seal of the City of Roanoke this fourth day of December 2012. kt City Clerk ,, CITY OF ROANOKE �i OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 '1 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk @roenokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB December 4, 2012 Assistant Deputy City Clerk Steven Trompeter 204 S. Jefferson Street, S. W., Unit 6 Roanoke, Virginia 24011 Dear Mr. Trompeter: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 3, 2012, you were appointed to replace Phillip Lemon as a member of the Board of Zoning Appeals for a three-year term of office commencing January 1, 2013 and ending December 31, 2015. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Pursuant to Section 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish members of the Board of Zoning Appeals with a form for Disclosure of Real Estate Holdings by December 10 of each year. State Code provisions further provide 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. Steven Trompeter December 4, 2012 Page 2 The Disclosure of Real Estate Holdings Form must be completed and returned to the undersigned by Tuesday, January 15. 2013. Failure to do so by the deadline shall be considered a violation of Section 2.2-3120, Code of Virginia (1950), as amended, which may result in being charged with a Class 1 or Class 3 misdemeanor. Should you have questions regarding the filing of the form, please do not hesitate to call me at (540) 853-2541. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Board of Zoning Appeals. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosures pc: Rebecca J. Cockram, Secretary, Board of Zoning Appeals, 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 third day of December 2012, Steven Trompeter was appointed to replace Philip Lemon as a member of the Board of Zoning Appeals for a three-year term of office commencing January 1, 2013 and ending December 31, 2015. Given under my hand and the Seal of the City of Roanoke this fourth day of December 2012. , . ai diM, City Clerk CITY OF ROANOKE r OFFICE FICE OF THE CITY CLERK -I�.s 215 Church Avenue,S.W.,Room 456 _� t '. Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: ulerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 4, 2012 James M. Bullington 3230 Orchard Hill Road Roanoke, Virginia 24018 Dear Mr. Bullington: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 3, 2012, you were appointed as a City representative of the Roanoke Valley-Alleghany Regional Commission to fill the unexpired term of Jay Foster ending June 30, 2015. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." James M. Bullington December 4, 2012 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve to the City of Roanoke as a City representative of the Roanoke Valley-Alleghany Regional Commission. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010, 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 third day of December, 2012, JAMES M. BULLINGTON was appointed as a City representative of the Roanoke Valley-Alleghany Regional Commission to fill the unexpired term of Jay Foster ending June 30, 2015. Given under my hand and the Seal of the City of Roanoke this fourth day of December 2012. gym . City Clerk at • - CITY OF ROANOKE r s� OFFICE OF THE CITY CLERK r_ n; 215 Church Avenue,S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 4, 2012 Mr. Fredrick M. Williams 3725 Sunrise Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Williams: Your term of office as a member of the City Planning Commission will expire on December 31, 2012. Inasmuch as you were not reappointed to serve another four years, the Mayor and Members of Council asked that I express appreciation to you for your service to the City of Roanoke as a member of the City Planning Commission from July 1, 2002 to December 31, 2012. Enclosed is a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, A7r942,,,,LoYn .n Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosure pc: Rebecca J. Cockram, Secretary, City Planning Commission CERTIFICATE OF APPRECIATION PRESENTED TO FREDRICK M. WILLIAMS AS A MEMBER OF THE CITY PLANNING COMMISSION FROM JULY 1,2002 TO DECEMBER 31,2012 ON THIS 4TH DAY OF DECEMBER , 2012 IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: I DAVID A.BOWERS STEPHANIE M.MOS MAYOR CITY CLERK