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HomeMy WebLinkAboutCouncil Actions 01-10-00 SpMtgROANOKE CITY CO UNCIL SPECIAL SESSION January 10, 2000 10:30 a.m. -CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order- Roll Call. Invocation: The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Bowers. Statement of Purpose. Mayor Bowers Motion to convene in Closed Meeting to discuss a matter of probable litigation, pursuant to Section 2.1.344 (A) (7), Code of Virginia (1950), as amended. 6. Certification of Closed Meeting. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk January 11,2000 File #60-183 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34633-011000 amending and reordaining certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, in connection with resolving the federal criminal investigation of the City, including the City's Public Works Service Center, by the U. S. Attorney's Office and the Environmental Protection Agency, regarding hazardous materials improperly buried at the City's Public Works Service Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a special meeting which was held on Monday, January 10, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager William M. Hackworth, City Attorney Robert K. Bengtson, Acting Director, Public Works C:~lyFil~\jan4.wlxi IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th day of January, 2000. No. 34633-011000. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) .................................. Fund Balance Reserved for CMERP - City (2) ................................ $ Capital Projects Fund Appropriations General Government Environmental Issues - Public Works Service Center (3) ............. Settlement United States Government - Public Works Service Center (4) .......................................... $ 62,299,083 61,144,597 1 ) Transfer to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-052-9670-9003) $ 350,000 (350,000) (250,400) 3,158,957 $ 31,230,859 1,042,711 600,400 4) Appropriated from General Revenue (008-052-9672-9003) $ 600,400 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk January 11,2000 File #60-183 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34632-011000 authorizing and directing the City Manager and/or the Assistant City Manager to execute for and on behalf of the City a Plea Agreement with the United States Attorney for the Western District of Virginia resolving the federal criminal investigation of the City, including the City's Public Works Service Center, bythe U. S. Attorney's Office and the Environmental Protection Agency, upon certain terms and conditions; and authorizing the City Manager and/or the Assistant City Manager to take such further action and to execute and provide such further documents as may be necessary to comply with and/or implement the provisions of said Plea Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a special meeting which was held on Monday, January 10, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works C:XMyFiles\jan4.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 2000. No. 34632-011000. A RESOLUTION authorizing and directing the City Manager and/or the Assistant City Manager to execute for and on behalf of the City a Plea Agreement with the United States Attorney for the Western District of Virginia resolving the federal criminal investigation of the City, including the City's Public Works Service Center, by the U.S. Attorney's Office and the Environmental Protection Agency (EPA), upon certain terms and conditions; and authorizing the City Manager and/or the Assistant City Manager to take such further action and to execute and provide such further documents as may be necessary to comply with and/or implement the provisions of the said Plea Agreemem. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and/or the Assistant City Manager are hereby authorized and directed to execute for and on behalf of the City a Plea Agreement with the United States Attorney for the Western District of Virginia resolving the federal criminal investigation of the City, including the City's Public Works Service Center, by the U.S. Attorney's Office and the Environmental Protection Agency (EPA), upon certain terms and conditions, with the form of the Plea Agreement to be approved by the City Attorney. 2. The said Plea Agreement shall contain terms and conditions substantially similar to the following: (a) the City's entry of a guilty plea to a one count information charging the City with knowingly storing hazardous wastes without a permit in violation of the Resource Conservation and Recovery Act (RCRA); (b) the City's payment of a $125,000 fine to the United States; (c) the initiation and completion by the City of community service projects to be approved by the U.S. Attorney's Office and which will cost not less than $475,000; (d) the placement of the City on probation for three years upon certain terms and conditions; (e) the establishment of an Environmental Management System (EMS); (f) annual environmental audits of certain City facilities during the period of probation; (g) the cooperation of the City in any further investigation of certain matters the United States may deem necessary; (h) the waiver by the City of certain statute of limitations defenses until December 1, 2000; (i) an acknowledgment of responsibility or accountability by the City; (j) an agreement by the United States that such guilty plea is in full satisfaction of all possible criminal charges that could have been brought against the City in connection with this investigation; and (k) an agreement by the United States that it is declining to charge any individual City employees, with the reservation that individuals could be chai'ged for false statements made in connection with the City's plea or sentencing proceedings or based upon new information not currently known to the United States. 3. The City Manager and/or the Assistant City Manager are further authorized to take such further action, including payment of a fine of$125,000 to the United States, and to execute and provide such further documents as may be necessary to comply with and/or implement the provisions of the said Plea Agreement, including, but not limited to any necessary contracts or agreements with third parties to complete the community service projects mentioned above and subject to the cost limitations set forth therein; including a contract for services with Virginia Polytechnic Institute and State University to provide an environmental educational program to educate Virginia local governments as one of the community service projects mentioned above, with the cost to be $224,640. 4. By adoption of this Resolution, City Council hereby expresses its intent to fund, either through prior, simultaneous, or future appropriations, the funds required for complying with the terms of the Plea Agreement. ATTEST: City Clerk. DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE $.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 January 7, 2000 The Honorable Vice-Mayor and Members . of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke, I am calling a Special Meeting of the Roanoke City Council on Monday, January 10, 2000, at 10:30 a.m., in the City Council Chamber, 215 Church Avenue, S. W. The purpose of the Special Meeting is to consider a request of the City Attorney for a Closed Meeting to discuss a matter of probable litigation, and to take, in open session, any action arising therefrom deemed necessary by Council. Sincerely, David A. Bowers Mayor DAB:lo pc~ Darlene L. Burcham, City Manager James D. Ritchie, Sr., Assistant City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Robert H. Bird, Municipal Auditor Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety Glenn D. Radcliffe, Director, Human Devleopment Robert K. Bengtson, Acting Director, Public Works For Immediate Use January 10, 2000 CONTACT: Bill Hackworth 540-853-2431 CITY OF ROANOKE, U. S. ATTORNEY'S OFFICE AND EPA REACH AGREEMENT ON ENVIRONMENTAL CASE CITY AGREES TO PAY FINE AND DEVELOP COMMUNITY SERVICE PROJECTS Roanoke City Council approved an agreement with federal agencies to end the two-year- old criminal investigation case growing out of the discovery of hazardous materials improperly buried at the City's Public Works Service Center. Under the agreement, negotiated by lawyers representing the City and the EPA and the United States Attorney's Office, the City will plead guilty to storing hazardous wastes without a permit. The agreement must be approved by federal court, which is scheduled to consider it on January 12, 2000. As part of the agreement, the U. S. Attorney's office will not charge the City or any individual City employees, with the reservation that individuals could be charged if false statements were made in connection with the City's plea or sentencing proceedings or based upon new information. The City has agreed to the following measures: a fine of $125,000 development of environmentally focused community service projects valued at $475,000 Office of Public Information - more - Municipal South, Room 364 215 Church Ave., S.W. CityWeb:www.ci.roanoke.va.us Roanoke, VA 24011 (5401853-2)36 These projects include installing a "greenway" along a mile of Tinker Creek in Roanoke. developing household hazardous waste collection programs, and conducting environmental education seminars for officials of local governments. a three-year probationary period development of an environmental compliance program for employees, including training and an environmental compliance manual appointment of an environmental compliance manager an annual environmental audit of certain City facilities during the three years of probation "We have negotiated the best possible agreement with the federal agencies, and now we must act in a responsible manner and move forward," said Bill Hackworth, City Attorney. "The good news is the material that was excavated has been properly disposed of, and there is no evidence of a threat to the health of employees or the neighborhood." "Regardless of when the burial of drams occurred (and we believe these were two separate incidents 25 and 15 years ago) there has been a more recent storage violation, and the City is accountable for it," said Hackworth. The community service projects "offer a positive opportunity for the City to strengthen its educational program aimed at reducing pollution," said Hackworth. The projects which are being developed relate to solid and hazardous wastes, prevention/reduction of pollution and increased awareness of environmental laws and regulations by local governments in Virginia. In 1997, the Virginia Department of Environmental Quality (DEQ) investigated reports that materials had been stored improperly at the Public Works Service Center at 1802 Courtland Road. Excavations at the Service Center in December of 1997 found 36 containers of asphaltic patch - more - materials and 7 drams of road paint. Further excavations in May of 1998 uncovered approximately 1,100 crushed empty drums and 15 road marking paint drums. Most of the crushed, empty drums are believed to have been collected by the City during clean up operations after a major flood in 1985. The agreement with federal agencies does not end DEQ's investigation into the case.