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HomeMy WebLinkAboutCouncil Actions 12-06-99TROUT 34579 ROANOKE CITY CO UNCIL REGULAR SESSION December 6, 1999 12:15p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call. All Present. Recess and reconvene at 12:20 p.m., in Room 159, Emergency Operations Center Conference Room, Municipal South, for a meeting with the Roanoke City School Board and Roanoke City Legislators to discuss the proposed 2000 Legislative Program for the City of Roanoke. At 12:17 p.m., the meeting was declared in recess until 12:25 p.m., in the Emergency Operations Center Conference Room, Room 159, Municipal Building South. ROANOKE CITY CO UNCIL ROANOKE CITY SCHOOL BOARD ROANOKE CITY LEGISLATORS December 6, 1999 12:20p. m. EMERGENCY OPERA TIONS CONFERENCE ROOM ROOM 159, MUNICIPAL SO UTH AGENDA Call to Order -- Roll Call. Invocation and Lunch. Opening remarks by Mayor David A. Bowers. Opening remarks by the Roanoke City School Board Chairperson. 2 o Presentation of highlights of the City's 2000 Legislative Program by Thomas A. Dick, City Legislative Liaison. 6. Presentation of highlights of the School Board's 2000 Legislative Program. 7. Presentation with regard to the State Welcome Center by J. Granger MacFarlane. 8. Remarks by Legislators. o Remarks by City Council Members, School Board Members and the Acting City Manager. The meeting was declared in recess at 1:50 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber. 3 ROANOKE CITY CO UNCIL REGULAR SESSION December 6, 1999 2:00p. m. CITY COUNCIL CHAMBER /I GEND/I FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. 4 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, December 9, 1999, at 7:00 p.m., and Saturday, December 11, 1999, at 4:00 p.m. 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. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.CI.ROANOKE.VA.US, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. PRESENTATIONS: The Mayor presented a "Key to the City" to Crystal Lewis, Miss Virginia 1999. File//80 Stephen Jenkins, Board of Directors, Southwestern Virginia Genealogical Society, presented a check, in the amount of $1,000.00, to be used toward expansion of the Virginia Room in the main Roanoke City Public Library. File/t323 Council Members and City staffcontributed toys to the Marine's Toys for Tots program. File/t445 A Proclamation declaring Tuesday, December 14, 1999, as George Washington Day. File #3 Briefing by Downtown Roanoke, Inc., with regard to the 1999 Holiday Parade. File #277-317 PUBLIC HEARING: Public hearing on the issue of whether City Council should increase the salaries of the Mayor and Council Members for the fiscal year beginning July 1, 2000. No Action File #132 e CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of Roanoke City Council held on Tuesday, September 7, 1999, and Monday, September 20, 1999. RECOMMENDED ACTION: Dispense with the reading thereof and approve File #132 as recorded. C-2 A communication from Mayor David A. Bowers requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Closed Meeting. File #132 C-3 A reportofthe City Attorney requesting a Closed Meeting to consult with legal counsel on a matter of actual litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Closed Meeting. File//83-132 C-4 A report of the Acting City Manager requesting a Closed Meeting to discuss or consider the acquisition of real property for a public purpose or the disposition of publicly held real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Closed Meeting. File #2-104-132 C-5 A report of the Acting City Manager with regard to the impact of the City's fitness centers on businesses in the private sector. RECOMMENDED ACTION: Receive and file. File #104-467 C-6 A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting an abstract of votes cast in the General and Special Election held in the City of Roanoke on November 2, 1999. RECOMMENDED ACTION: Receive and file. File #40 C-7 A communication from Robert Copty tendering his resignation as a member of the Board of Zoning Appeals, effective December 31, 1999. RECOMMENDED ACTION: Receive and file the communication and accept File #51 the resignation. 7 C-8 Qualification of the following persons: Thelma R. Holland as a member of the Cultural Committee for a term ending June 30, 2000; and File//15-110-394 Services Lynn D. Avis as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2003. File #15-110-207 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to address Council with regard to construction of a single family home on Autumn Lane. C. Aubrey Butler, Spokesperson. (5 minutes) Mr. Butler was not present. Presentation by the Roanoke City School Board with regard to the "Even Start Program", a family literacy program. Dr. E. Wayne Hams, School Superintendent. (15 minutes) Received and filed. File #467 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. ACTING CITY MANAGER: BRIEFINGS: A report with regard to the City's snow removal program. (15 minutes) Received and filed. File #410 A report with regard to the City's curb, gutter and sidewalk program. (5 minutes) Received and filed. Council Member Swain called attention to the need for sidewalk/curb on Cove Road from Lafayette Blvd., to Hershberger Road, N. W., and referred to previous correspondence which rated the project at approximately 150 on the City's list of sidewalk/curb projects. He inquired as to the criteria for rating sidewalk/curb projects, who is the responsible party for project rating, and why was that portion of Cove Road from Lafayette Blvd., to Hershberger Road rated approximately 150 on the priority list. File 057 o A report with regard to the City of Roanoke Affirmative Action Program. (5 minutes) Received and filed. Mr. James Croan, 914 Old Country Club Road, N. W., raised the following questions: How many departments employ no African-Americans? What are the true qualifications of African-American professional employees? How many African-American employees are over qualified for the position they hold? How many African- American secretaries have four year college degrees? How committed is the City to diversity training? Is there a requirement for all City employees to enroll in diversity training? Is conflict resolution a part of diversity training? In regard to Attachment D to the City Manager's report, City of Roanoke Workforce Analysis, how would the figures compare if the Roanoke MSA was not used? Also, in regard to Attachment D, page 2, to the City Manager's report, Mr. Croan requested a clarification of "available workforce percentage". The Mayor requested that Mr. Croan's questions be referred to the Acting City Manager for appropriate response, with a copy to Council. File #184-411 ITEMS RECOMMENDED FOR ACTION: A report recommending adoption ofa Greenway Policy to facilitate planning, development, ownership, operation and maintenance of greenways in the City. Adopted Ordinance No. 34579-120699. (7-0) File #379 l0 A report recommending execution of a contract for services with Total Action Against Poverty, Inc., for provision of services to c~t~zens of the City of Roanoke. Adopted Resolution No. 34580-120699. (7-0) Council Member Swain requested statistical data on the effectiveness of the Child Health Investment Partnership program. File #72-226 o A report recommending execution of Amendment No. 2 to the contract for services with the Virginia Department of Health relating to the operation of the local Health Department. Adopted Resolution No. 34581-120699. (7-0) File #22 o A report recommending appropriation of additional grant funds for the Fifth District Employment and Training Consortium. Adopted Ordinance No. 34582-120699. (7-0) File #60-236-246 o A report recommending execution of a contract with Hayes, Seay, Mattern and Mattern, Inc., for provision of professional design and engineering services for the Downtown North Parking Garage and First Street Bridge Conversion Project. Adopted Ordinance 34584-120699. (7-0) File #60-102-432 No. 34583-120699 and Resolution No. b. DIRECTOR OF FINANCE: A financial report for the month of October, 1999. Received and filed. File #10 A report with regard to the 1999 Comprehensive Annual Financial Reports for the City of Roanoke and the City of Roanoke Pension Plan. Received and filed. File #10-429 A report recommending appropriation of $250,000.00 reserved in the General Fund for self-insured liabilities to be transferred to the Risk Management Fund. Adopted Ordinance No. 34585-120699. (7-0) File #60-396 o A report recommending that the City Code be amended to provide that cigarettes confiscated for illegal evasion of the cigarette tax be destroyed instead of sold at public auction. Adopted Ordinance No. 34586-120699. (7-0) File #24-79 6. REPORTS OF COMMITTEES: ae A report of the Roanoke Civic Center Commission recommending award of a contract to Fells Point Catering, Inc., to provide catering management services at the Roanoke Civic Center. Mark E. Feldmann, Chairperson. Adopted Resolution No. 34587-120699. (7-0) File #192 be A report of the Water Resources Committee recommending that a revocable license be granted to Avis Construction Company to allow the encroachment of a fire escape on an existing building located at 129 East Campbell Avenue into the airspace over the right-of-way along Williamson Road. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance No. 34588 on first reading. (7-0) File #468-481 12 Co A report of the Water Resources Committee recommending that the City Manager take appropriate action in order to advertise a public hearing, and lacking any comments to the contrary, execute an extension to the lease with Budget Rent-A-Car, Inc., for a one-acre parcel of property located on Municipal Road, N. W. Council Member Linda F. Wyatt, Chairperson. Council concurred in the recommendation to schedule a public hearing on Monday, December 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber. File #166-373-468 do A report of the Bid Committee recommending acceptance of the bid submitted by Valley Boiler, Inc., to replace the chiller and perform related work at the Roanoke City Main Library. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance No. 34589-120699. (7-0) File #323 eo A report of the Bid Committee recommending acceptance of the bid submitted by U. S. Construction Co., of Roanoke for construction of the Railside Linear Walk/Park - Phase IV Project; and transfer of funds in connection therewith. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance Nos. 34590-120699 and 34591-120699. (7-0) File #392 7. UNFINISHED BUSINESS: None. 13 Se INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 34578, on second reading, rezoning two tracts of land lying in the Norwich area of the City of Roanoke located at 2203 and 2209 Buford Avenue, S. W., identified as Lots 28 and 32, Official Tax Nos. 1421318-1421322, inclusive, from LM, Light Manufacturing District, to RS-3, Single Family Residential District. Adopted Ordinance No. 34578-120699 on second reading. (7-0) File #51 e MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Hudson inquired about the status of the structure located at the corner of Williamson Road and Campbell Avenue, S. W.; whereupon, the Acting Director of Public Works advised that property owners will install a fenced in construction area around the site in the near future. File #132-183 0 Council Member Wyatt advised that it has come to her attention that due to a policy decision, the CORTRAN and STAR transportation systems are not permitted to cross jurisdictional lines; therefore, some citizens using the transportation systems cannot reach their destinations. She requested that the Acting City Manager investigate the matter to determine ifa reciprocal agreement can be reached allowing the two transportation systems to cross jurisdictional lines. File #55-353 e Council authorized the City Clerk to advertise a public hearing for Monday, December 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, in regard to conveyance of real property to In- Systems Technologies, Inc. File #166-207-468 14 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. CERTIFICATION OF CLOSED MEETING: (6-0) (Vice- Mayor Harris left the meeting during the Closed Meeting.) Lular R. Lucky was reappointed as a member of the Advisory Board of Human Development for a term ending November 30, 2003. File #15-72-110 Charles W. Hancock and Barbara N. Duerk were reappointed for terms ending November 30, 2000; and Shirley M. Bethel, Alfred T. Dowe, Jr., and Mark A. Harris were reappointed for terms ending November 30, 2003, as members of the Roanoke Neighborhood Partnership Steering Committee. File #15-110-488 Ralph K. Smith was reappointed as a member of the Property Maintenance Code, Board of Appeals, for a term ending November 10, 2003. File 015-32-110 The City Attorney was requested to prepare the proper measure appointing a Blue Ribbon Committee consisting of the following persons to submit recommendations to honor the memory of the late Dr. Noel C. Taylor: Elizabeth T. Bowles, James G. Harvey, II, Bob R. Caudle, Margaret C. Thompson, Alphonso L. Holland, Sr., Warner N. Dalhouse, The Reverend Dwight O.. Steele, Robert A. Garland, Helen J. Hall, The Reverend E. T. Burton, Delvis O. McCadden, Wendell H. Butler and David K. Lisk. The 14th member of the Blue Ribbon Committee will be appointed at the December 20 Council meeting at which time Council will designate a Chairperson. File #110-367 WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORi~ 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-15~5- TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ ci.roanoke, va.us NOV 24 ?~V}LLIAM X PARSONS '.)eTEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY A'I-FORNEYS November 23, 1999 The Honorable John S. Edwards Member, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 The Honorable Clifton A. Woodrum, III Member, House of Delegates 310 First Street, Suite 315 Roanoke, Virginia 24011 Gentlemen: Re: Legislative Meeting I am pleased to enclose a copy of the 2000 Legislative Program for the City of Roanoke. This is a joint Legislative Program for the City Council and School Board. I know that you have previously placed on your calendars the Legislative Meeting which will be held at 12:15 p.m. on December 6, 1999, in Room 159, Emergency Operations Center Conference Room, in the Municipal Building. Members of City Council and the School Board, as well as myself, look forward to seeing you at our annual meeting. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:f Enclosure Messrs. Edwards, Thomas and Woodrum November 23, 1999 Page 2 CC: The Honorable Mayor and Members of City Council The Honorable William White, Sr., Chairman, Legislative Committee James D. Ritchie, Acting City Manager Mary F. Parker, City Clerk The Honorable Melinda Payne, Chairman, School Board E. Wayne Harris, Superintendent Richard L. Kelley, Assistant Superintendent for Operations RECEIVED CITY CLER~S O¢'F!~::E ~ NOV 24 P3 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: November 23, 1999 TO: Constitutional Officers Council-Appointed Officers Directors FROM: William M. Hackworth, City Attomey Ld ~1 ff 2000 LEGISLATIVE PROGRAM I am pleased to provide you with a copy of the City's Legislative Program for the 2000 Session of the General Assembly. This Program will be the subject of discussion with the City's delegation at 12:15 p.m. on December 6, 1999. This meeting will be held in the Emergency Operations Center Conference Room. Please bring your copy of the Legislative Program to this meeting. WMF:f Attachment H: \LEGI S \m-caodx r. 2 2000 LEGISLATIVE PROGRAM CITY OF ROANOKE CITY COUNCIL David A. Bowers, Mayor C. Nelson Harris, Vice-Mayor W. Alvin Hudson, Jr. Caroll E. Swain James O. Trout William White, Sr. Linda F. Wyatt SCHOOL BOARD Melinda J. Payne, Chair F. B. Webster Day, Vice-Chair Charles W. Day Marsha Ellison Sherman P. Lea Ruth Willson Brian J. Wishneff James D. Ritchie, Acting City Manager Thomas A. Dick Legislative Liaison Dr. E. Wayne Harris Superintendent Richard L. Kelley Assistant Superintendent for Operations and Legislative Liaison William M. Hackworth City Attorney TABLE OF CONTENTS Introduction ........................................................... i Outline of Issues ........................................................ 1 Policy Statements ....................................................... 4 Key Issues and Legislative Proposals ...................................... 7 Other Legislative Proposals and Positions ................................. 10 Appendix ............................................................ A-1 Index ............................................................... A-3 INTRODUCTION The City Council is pleased to commend this Legislative Program for consideration by the 2000 Session of the General Assembly. The City Council, representing all the people of our All-America City, is uniquely qualified to understand the legislative needs of City government and our people. I am of the opinion that this Program is responsive to those needs. 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. This Program is a combined Program for City Council and the School Board. The City Council portion was prepared by the City's Legislative Liaison, Thomas A. Dick, and City Attorney, William M. Hackworth, with the assistance of comments and suggestions from Council members, City administrators and citizens. The School Board portion was prepared by Richard L. Kelley, Assistant Superintendent for Operations, who serves as Legislative Liaison for the School Division, 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 consisting of Chairman William White, Sr., Vice-Mayor C. Nelson Harris, Linda F. Wyatt, Brian J. Wishneffand F. B. Webster Day. Upon the recommendation of the Legislative Committee, the Program was adopted and endorsed by City Council on November 15, 1999. See Resolution No. 34566-111599, at App. A-1. The Program consists of three parts. The first part is a series of policy statements which represent the philosophy of Roanoke City Council on a number of important policy issues. Obviously, it is impossible to anticipate all the legislative issues that will arise during the course of any session of the General Assembly, and these policy statements should provide helpful guidance to our legislators throughout the Session. The second part of the Program consists of key issues and legislative proposals of the City. These matters are the legislative priorities of the City and include any legislative initiatives of the City. The third part of the Program consists of legislative positions as to specific matters that may or may not arise at the 2000 Session. 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 the Legislative Liaison for the City or School Board who I know will be pleased to respond after consultation with appropriate officials. I also know that representatives of the City and School Board will be in contact with our legislators on many occasions during the 2000 Session, and their consideration of these communications is deeply appreciated. Mayor 2000 LEGISLATIVE PROGRAM Outline of Issues POLICY STATEMENTS Effective Government Mandates Clarification of State and Local Responsibilities Revenue and Finance Special Needs of Central Cities Without Annexation Power Economic Development Transportation Zoning and Land Use KEY ISSUES AND LEGISLATIVE PROPOSALS Commission on the Condition and Future of Virginia's Cities Continuation of Full Funding for HB 599; Reimbursement of Cumulative Deficit Roanoke Higher Education Authority Regional Competitiveness Act Funding Freedom of Information Act Meals Tax OTHER LEGISLATIVE PROPOSALS AND POSITIONS Education State Initiatives Roanoke City Schools' Issues Public Education Priorities Standards of Learning Pupil Services Construction and Technology School Governance Governor's School Program Compensation of School Board Members General Government Cultural Agencies - State Support for Governmental (Sovereign) Immunity Mental Health Funding Notice of Claims Heart, Lung and Cancer Presumptions Collective Bargaining Liens Against Real Estate for Unpaid Water Bills Dangerous Weapons on Public Property Proposals to Combat Urban Blight Vacant Buildings- Registration Fee Delinquent Tax Sale Process; Waiver of Taxes and Liens; Notice Inspection of Residential Rental Property Taxation; Revenue State-Local Tax Structure Local Funding Issues Business, Professional and Occupational License Tax Comprehensive Services Act Sales Tax- Elimination of Tax on Food Products for Home Consumption Research and Development Tax Credit Interest Payments on Erroneous Assessments Telecommunications Tax Collections Transportation Transportation (Including Mass Transit) Funding Interstate 73 Smart Road - Improved Access to Blacksburg/Virginia Tech Interstate 66 Extension of Passenger Rail Service Highway Maintenance Southwest Virginia Regional Welcome Center POLICY STATEMENTS EFFECTIVE GOVERNMENT Local governments were originally organized to provide essential services and protection that citizens could not or would not provide for themselves. Examples of such essential local services are education, provision for health and welfare, police and fire protection, delivery of safe water and sewage treatment. Local governments and their officials are continually striving for economy, effectiveness, responsiveness, efficiency and productivity in delivery of such services. Unfortunately, the essential services for which local governments were originally created have been overshadowed by numerous less critical programs mandated by the federal and State governments. The federal and State governments should recognize that local governments are the best vehicle for the delivery of basic public services because local governments are closest to the people and most responsive to their needs. Furthermore, basic public ser-vices cannot be provided in the most effective way if the State attempts to dictate in minute detail the structure of all local government, the administrative and legislative procedures to be followed uniformly by all local governments and the details of all programs administered at the local level. The City opposes State intrusions in the way local governments conduct their business, including the way council meetings are conducted, procedures for adopting ordinances, what can be addressed by ordinance and what by resolution, purchasing procedures and establishment of hours of work, salaries and working conditions for employees. MANDATES According to the Joint Legislative Audit and Review Commission, Virginia's local governments are subject to 391 Federal and State mandates. These mandates require localities to perform duties without consideration of local circumstances, costs or capacity and require localities to redirect their priorities to meet federal and State objectives regardless of other pressing local needs and priorities affecting the health, safety and welfare of citizens. The cumulative effect of federal and State legislative and regulatory mandates has exacerbated the already serious financial problems of local governments. Several years ago, the General Assembly began the fiscal note process by which cost estimates for proposed legislation are completed prior to final review of the legislation by a committee. Additionally, the 1993 Session amended the State Code to require (1) that all State agencies review all mandates imposed on local governments with the objective of determining which mandates may be altered or eliminated and (2) that the Commission on Local Government prepare and annually update a catalog of Federal and 4 State mandates. It is essential that the state fully fund all state mandates, including public employee salaries. CLARIFICATION OF STATE AND LOCAL RESPONSIBILITIES The increasing trend towards community-based programs requires carefully addressing the significant long-term issues of local vs. state roles and responsibilities for administration and funding of these programs. The City asks the General Assembly to request JLARC to update its 1993 study on state/local service delivery responsibilities to reflect the changes that have occurred in state/local relations and federal/state relations. To improve the relationship of the state and local governments, the state must: leave the taxing authority and revenue sources of local govemments alone; pay a greater share of the costs of education; grant local governments the authority to deal effectively with social problems; recognize the authority of local government in planning and land use control; develop a state urban policy that a) addresses issues of local governmental structure and intergovernmental relations, b) encourages the retention or expansion of state facilities or operations in existing urban centers, and c) defines how state and local governments deal with each other. REVENUE AND FINANCE The City is vitally concerned over the continued erosion of local revenue sources. The General Assembly is urged not to cap, remove or further restrict any revenue sources that are currently available to localities, including taxing authority and user fees. Historically, real and personal property taxes have been the foundation of local tax revenues. The State's restriction and erosion of other local sources, however, has resulted in over reliance on property taxes, placing local governments in financial jeopardy. The Joint Legislative Audit and Review Commission's (JLARC's) own study shows that the real property tax rate in Virginia is the second highest among fifteen Southern states and fifty percent higher than nine Southern States. The City supports additional and more equitable sources of revenue, but the decision on which, if any, local revenue sources should be reduced or eliminated should be strictly a local decision. SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER The larger, more urbanized, central cities of the Com-monwealth, such as this City, provide a full range of public housing, health, mental health, transportation, social and humanitarian services. School systems in these cities provide excellent special education programs, and private charities located in central cities provide a broad range of charitable assistance. These factors make the Commonwealth's central cities a magnet for those in need of services. 5 The City has made tremendous strides in economic development. Downtown has been revitalized; industrial parks have been established; and new businesses and industries have been attracted. It is unlikely, however, that these recent successes can be sustained over the long term. In this regard, the major problem facing the City is an inadequate inventory of developable land. Much of our mountainous terrain is either undevelopable or developable only at tremendous costs. Other land in the heart of the Roanoke Valley is subject to flooding and undevelopable. Roanoke's peculiar problems are compounded by the need of central cities to provide welfare, public safety, transportation, and water and sewer services at a level not required in adjoining suburban or rural localities. These services benefit the entire region, but are paid for primarily by City taxpayers. Historically, the fiscal stress of central cities has been relieved by annexation. The power of annexation has, without logic, been denied to the central cities which need it most. If the central cities of the Commonwealth are to remain strong, viable units of government, which is in the best interest of the Commonwealth, decisive action needs to be taken. Ultimately, the General Assembly should reevaluate Virginia's unique system of independent cites, which requires the City to fund services benefiting adjoining localities. In the meantime, the legislature should: a) provide special state funding for such regionally beneficial services; b) create financial incentives to encourage governmental integration of independent cities with adjoining counties; and c) allow for cities with populations of less than 125,000 to make the transition to town status. ECONOMIC DEVELOPMENT City Council calls upon the Governor and the General Assembly to develop an economic development strategy for the Commonwealth and its local governments. The Commonwealth is implored to form a partnership with local governments, the business community and economic development experts to develop the strategy. The strategy should recognize the international economy in which Virginia local governments are competing and include special funding for international trade missions. The strategy should also recognize small business incubators as a vital element and provide funding, perhaps on a State matching basis, to local governments that undertake to develop and operate incubators. The strategy should include special programs for those areas west of the Blue Ridge mountains and central cities across the Commonwealth. Each of these areas will need special financial assistance from the State if we are to have balanced growth across the Commonwealth. The economic strategy should include additional educational funding for central cities. With shrinking labor pools in central cities across the State, new and existing businesses cannot afford to have young adults in these cities become unemployable. Special efforts must be made now through additional educational funding to save these at risk children. Tourism and convention activities that enhance the economic well being of the Commonwealth and its political subdivisions should be recognized as legitimate components of economic development. We urge the General Assembly to look closely at the way State tourism dollars are spent and to insure their fair distribution. Western Virginia has, in the past, not received a proportionate share of the dollars spent by the State tourism office, and there has been little emphasis on promoting the Virginia mountains. TRANSPORTATION An adequate transportation system is vital to the economic well-being of the Commonwealth and this region. Safe, convenient and efficient movement of people, goods and services is essential for the Commonwealth and its regions to compete successfully in the global marketplace. Public transportation is an essential element of the transportation system which should be an integrated and balanced intermodal system. Reliable, dedicated sources of funding for public and other modes of transportation need to be determined and put in place. ZONING AND LAND USE One of the most important functions of local governments is local planning and land use control. This is appropriate because there is no entity better suited to make key land use decisions on behalf of any locality than the local governing body. In making land use decisions in this City, Council is guided by a comprehensive plan developed through a citizen-based planning process. City Council views with increasing alarm recent efforts of the General Assembly to control local land uses. The Council opposes any legislation that would restrict present land use powers of local governments to establish, modify and enforce zoning classifications. Local governments should remain free to adopt and enforce zoning changes that address local land use needs. KEY ISSUES AND LEGISLATIVE PROPOSALS COMMISSION ON THE CONDITION AND FUTURE OF VIRGINIA'S CITIE~ The 1998 General Assembly created the Commission on the Condition and Future of Virginia's Cities. The Commission is authorized to identify Virginia's cities' strengths and needs; develop a demographic profile of Virginia's cities; review all state laws pertaining to the jurisdictional boundaries and governing structure of Virginia's cities and determine whether and the extent to which such laws have contributed to the urban crisis in cities; assess the current social and economic condition of Virginia's cities including their ability to provide vital public services and to attract and sustain business and industry; determine the impact of state and federal laws and regulations on the ability of cities to provide required services with limited resources; analyze the impact of the migration of middle class families from cities and the relocation of business and industry, particularly in the inner city, on the city's tax base, public schools, racial polarization, and quality of life; analyze the funding formulas for state aid to localities; and compare Virginia's cities to comparable cities in other states with regard to the delivery of vital public services. The Commission is charged with recommending such statutory, policy, and regulatory changes and initiatives as the Commission deems necessary. The 1999 General Assembly continued the study Commission for an additional year. A second Cities Summit was held mid-year to further identify problems and develop potential workable solutions. City Council commends the General Assembly for continuing the Commission to make this long needed study. The work of the Commission is important to cities that have long faced difficult fiscal issues and growing local service needs. City Council urges that substantive recommendations be made by the Commission and that the General Assembly take action to address the many significant problems facing cities throughout the Commonwealth. CONTINUATION OF FULL FUNDING FOR HB 599; REIMBURSEMENT FOR CUMULATIVE DEFICIT In 1979, the General Assembly enacted an annexation package pursuant to which an annexation moratorium was imposed, and all localities were provided additional State aid in the areas of administration of justice, law enforcement salaries, health care for indigents and street and highway construction and maintenance. The annexation package was intended partially to serve as compensation to cities for their loss of the annexation power and partially to provide more equitable funding for all local governments. For many years the Commonwealth did not honor this agreement. The 1999 General Assembly took action to restore funding to the required level, where it should be allowed to continue to increase as required by law. The City lost about $12 million in funding during the period the State chose not to honor its obligation. While action taken to restore funding to the level required is appreciated, the funding lost ought rightfully to be replaced. ROANOKE HIGHER EDUCATION AUTHORITY The 1997 Session of the General Assembly created the Roanoke Higher Education Authority to own, construct, and operate the Roanoke Higher Education Center. The 1998 Session of the General Assembly appropriated $5.4 million for the capital needs of the Center and $62,500 for operating expenses of the Center for the first year of the biennium. The 1999 General Assembly appropriated $3.6 million for capital and an additional $100,000 for operating expenses. State funding, coupled with private and local funding, is an essential element of this important regional project. City Council supports additional funding of $992,000 in fiscal year 2000-01 and $995,860 in 2001-02 for operating expenditures for the Center. The City also requests authority for localities and political subdivisions of the Commonwealth to make gifts, grants and donations directly to the Roanoke Higher Education Authority. Virginia Western Community College has taken an important leadership role in its participation in the Education Center. The City supports the request of VWCC for $300,000 in equipment funding for its facilities in the Center and $200,000 for its annual lease and operating expense. REGIONAL COMPETITIVENESS ACT FUNDING The 1996 Session of the General Assembly enacted the Regional Competitiveness Act. This Act establishes a formula and machinery for distribution of incentive funding to local governments that implement joint activities. The Act was initially funded with a $3 million appropriation and $5 million from the Governor's Opportunities Fund. The 1997 General Assembly appropriated an additional $3 million to fund the Act. The 1998 General Assembly further increased funding to $16 million, with $6 million of this amount set aside for the second year of the budget. The 1999 General Assembly increased this year's total to $10.7 million. In 1998, $427,000 was made available under the Act for the Roanoke region and is providing much needed funds to support important regional incentives. The General Assembly is urged to continue to increase funding for the Regional Competitiveness Act to make it a stronger program. Additional funding is needed for local governments to be able to pursue substantive regional initiatives. Sufficient and proportional funding should be provided to all regions of the state. FREEDOM OF INFORMATION ACT City Council supports the proposition that meetings should generally be open to the public and that public records should generally be accessible by the public. At the same time, it is recognized that there are a few instances in which the public's interests would be damaged by open discussion of certain subject matters or public access to certain records. The 1998 legislation amending the Freedom of Information Act appears to strike a reasonable balance between these objectives. Additionally, City Council does not object to the creation of a state agency that would have the responsibility for educating public bodies and the public as to the requirements of the Act. City Council remains opposed to any amendments to the Act that would interfere with the ability of the City Council to receive confidential legal advice as well as any other proposed amendments that would damage the public's interests by requiring premature disclosure of information. MEALS TAX The 1999 General Assembly enacted House Bill 1601, in which the definition of"food" in the Food Stamp Act was also applied to food in the local meals tax. Unless this provision is changed before its effective date of July 1, 2000, this measure will cost the City of Roanoke over $500,000 annually. The General Assembly is urged to revise this definition. OTHER LEGISLATIVE PROPOSALS AND POSITIONS State Initiatives EDUCATION The State Department of Education has implemented aggressive new standards for public education that will be fully implemented with the class of 2003-2004 (present ninth grade students). The new standards provide high expectations for students and schools in order for schools to be accredited and for students to graduate from high school. The standards are based on a rigorous testing program that makes schools and teachers accountable for student achievement. Roanoke City Schools' Issues The Roanoke City Public Schools legislative program for the 2000-2002 Biennium addresses the State initiatives necessary to assist urban school districts in meeting and exceeding the State accreditation standards. The School Board's emphasis on student promotion and intervention will be the foundation for raising school and student I0 performance to the new State standards. The School Board's legislative agenda identifies progressive legislative strategies and outcomes that are crucial to meeting the district's educational goals and the public's expectations for student success. The Roanoke City School Board and Superintendent have established high expectations and standards for schools and students to achieve during the Biennium. The objectives include: 1) Improving student achievement by 4% annually through a focus on student reading skills; 2) Increasing the student attendance rate by 10% each year; 3) Improving physical education scores on the State test by 7% annually; 4) Decreasing the student drop-out rate by 1% each year; 5) Increasing staff accountability for student performance; and 6) Maintaining the competitiveness of teacher salaries. During the current Biennium, area legislators were able to promote and adopt legislation that has greatly assisted the School Board in the accomplishment of its priorities and objectives. Roanoke Valley legislators are to be commended on their exceptional work in securing additional State funds for education and channeling these funds into student learning initiatives and school construction. The Roanoke City Schools will receive $7.3 million more in new State funds during the current Biennium in order to implement and enhance local educational programs. Additional State funds are being provided to: 1) Further reduce class size at the primary grade level; 2) Raise teacher salaries; 3) Reduce student absenteeism and truancy; 4) Provide student intervention and teacher training to meet the State Standards of Learning (SOLs); and 5) Assist with the cost of renovating and modernizing older school facilities. The Roanoke City School Board's legislative package for the 2000-2002 Biennium asks that the General Assembly continue to provide the funding and program support necessary to make the State's vision for public education a reality in the Commonwealth. Public Education Priorities The legislative priorities of the Roanoke City School Board are for the State: To improve its share of funding public education To provide incentives for the recruitment and retention of teachers and principals To maintain local governance over K-12 educational and administrative issues To support standards and consequences for school accreditation that are non-punitive in nature 11 To address student safety and discipline issues through additional funding and program support, and To enhance the State's support of school capital outlay projects through a permanent funding source for school construction and debt service requirements The Governor and General Assembly have made public education a priority in the Commonwealth. However, State funding for education has declined from slightly more than 50% of the total State budget for the 1976-78 Biennium to about 37% of the State budget during the current Biennium. Legislative actions taken by the State during the current Biennium have substantially increased the State's funding commitment to public education. Such legislative attention must continue. Public surveys, both at the State and local levels, indicate the public believes the legislature should continue this emphasis on educational initiatives and funding. The School Board urges the General Assembly to examine State funding for meeting the State Standards of Quality (SOQ) and new accreditation standards. State funding for implementing the SOQ and meeting accreditation standards is inadequate in the areas of instructional materials and equipment, student testing and remediation, teacher inservice, and technology. The State has made significant progress during the current Biennium in addressing these funding needs. The General Assembly should continue its emphasis on reducing disparity as it relates to student performance. State incentive programs for reducing class size and educating preschool age children should be expanded. Roanoke City has taken advantage of both these State incentive programs. All 19 of its 21 elementary schools eligible to participate in the primary class size initiative are participating in the program, while ten preschool classes have been added in the last four years. Teacher salary data for FY1998 shows that Virginia's average teacher salary is about $2,325 less than the national average. In order to attract and retain the best teaching talent, the State should set a goal of reaching the national average teacher salary by the end of the next Biennium. To meet the goal would require that State funding for teacher salaries increase by an additional 3% per year in addition to the average 3% annual increase in teacher salaries funded by the State during the second year of the current Biennium. Most school districts in the State have experienced problems in the recruitment of teachers and school principals. The State should provide incentive funds to attract and retain teachers and principals. The incentives would include: 1) Scholarships for instructional aides and other support personnel who wish to obtain a teaching degree; 2) Internships for high school and college students to acquaint them with teaching as a 12 profession; 3) Pay differentials for teachers and principals working in schools with a high percentage of at risk students; 4) Financial incentives for new teachers including relocation and signing bonuses, interest free loans for home purchase, and tax exemptions for teachers and principals working in schools located in economic enterprise zones. The State has set school and student accountability as a priority. In response to the new State standards, the School Board has adopted a school incentive program that relates its objectives to measurable standards for schools and students. The State Department of Education has adopted accreditation standards based on student test performance that may result in schools losing their accreditation status. The General Assembly is encouraged to ensure the consequences of not meeting accreditation standards are not punitive for both schools and students. The State has directed a substantial portion of State Lottery profits to school consm,ction needs. Despite the infusion of these new funds, Roanoke City still faces a large deficit in meeting its future requirement for school construction which totals $95.0 million. These capital projects include elementary school renovation, additional classrooms and physical education facilities, instructional technology, and air conditioning improvements. Major renovation of the City's two high schools will be required starting within the next five years. State capital funds through the State Literary Loan Fund are available to fund only 1.7% of the total requirement. Statewide over $6.2 billion in school capital requirements exist with only about $4.0 billion available to meet these needs. The General Assembly should adopt legislation to create an education infrastructure trust fund to finance direct grants for school construction needs using State Lottery proceeds. Standards of Learning The State Department of Education has implemented a comprehensive set of learning standards for students and accreditation standards for schools. The standards of learning combined with the standards of accreditation are the basis for a system of school and student accountability. The General Assembly should review these standards to address the following issues: School improvement should be evaluated over time based on continuous progress with additional funding assistance provided to schools based on the need for teacher professional development and student intervention services. School accreditation should be based on a combination of factors which at a minimum should include mastery of the standards of learning (SOL) and compliance with standards that are actually funded by the State. 13 The Standards of Quality (SOQ) and accreditation must be adequately funded by the General Assembly to include teacher training, instructional materials and textbooks, testing services, and instructional equipment and technology. Pupil Services Legislative actions related to pupil services issues must be oriented to improving student achievement and reducing educational disparity. The State must assume a larger role in funding school security and safety requirements. Localities must retain flexibility in dealing with issues regarding student placement and a student's school attendance. Issues of concern during the next Biennium include: The State should not impose new mediation standards education students in excess of Federal IDEA regulations. for special State funding for truancy and absenteeism programs should be enhanced through the inclusion of visiting teachers in the Standards of Quality at the rate of one per every 500 students. The State should fund at least 50% of the locality's cost for alternative educatibn and should provide for the funding of multiple sites within a school district. Alternative education funding provided by the State should recognize the high cost of transportation and facility services needed to support the program. State funding must be provided for the assignment of a school resource officer to every secondary school through the inclusion in the Standards of Quality of one resource officer per middle school and one per every 500 students at the high school level. School security equipment including two-way communication between school offices and classrooms, video monitors, metal detectors, and radios/cellular telephones should be funded by the State. At minimum each school in the Commonwealth should receive $75 per pupil for security related equipment. Localities must retain flexibility in the educational placement required by the State for suspended or expelled students. Roanoke City now employees 12.0 FTE school nurses with local funds. The State should fund student health related services on the basis of one nurse for every 1,000 pupils in membership. 14 Roanoke City offers both Intemational Baccalaureate (IB) and Advanced Placement (AP) programs. The State should provide an incentive of $300 per pupil to each school district for any student who scores a four (4) or above on an IB exam or a three (3) or above on an AP exam. Construction and Technoloev The maintenance and construction of school facilities has reached a crisis situation in Virginia with over 65% of all buildings being over 25 years old. Local funds to resolve the crisis are not readily available and State funding through the Literary Fund does not have the capacity to support the immediacy of the requirement. Technology dictated by the new Standards of Learning requires a massive infusion of new equipment and retooling of facility infrastructures. Additional technology personnel are required to assist schools with technology operations and training. The General Assembly is urged to address construction and technology issues as follows: The funding capacity of the Literary Fund must be restored and protected over the next two Biennia in order that additional capital funds may be loaned to localities. The State maintenance fund should be continued and increased from its present level by $10 per pupil for each year of the next two Biennia. The present level of funding is $15 per pupil. A permanent education infrastructure trust fund should be created to provide direct construction grants to schools in order to address the current crisis for building modernization and to provide for the additional classrooms required by State initiatives for smaller classes. During the next Biennium the Roanoke City Schools will lose 5.1% of its State Lottery funds unless a hold harmless clause is included in the appropriation act to gtlarantee the same level of funding as was distributed during the 1998-2000 Biennium for these funds. Student technology requirements required by the new Standards of Learning should be incorporated into the Standards of Quality in order that funding may be secured for these requirements. The Standards of Quality should include a minimum of one technology assistant for every school. School Governance Local control and flexibility in school operations is a priority for school boards if the State expects accountability standards to be meaningful and achievable by schools and 15 students. Such flexibility involves management of school finances without mandates to relinquish control to the local governing body. Governance issues of legislative concern during the next legislative session include: The local school board should have control over the school calendar and the opening and closing dates for the school year. The present system of State waivers for school accreditation standards should be retained and expanded. Local school boards must maintain control over the establishment and operation of charter schools as provided for in legislation adopted during the current Biennium. Drug testing of students and school personnel should be a local option and not mandated by the State. Local school boards should retain the right to regulate the use of non- prescription drugs by students on school property. A State study should be conducted on increasing the length of the school year and school day in conjunction with intervention programs designed to assist schools in meeting the Standards of Accreditation. State funding should be continued for the Standards of Quality regarding elementary guidance counselors and reading teachers where the State Department of Education has revised the mandate. The State should not provide tax credits to parents of children enrolled in private schools or tax credits for donations to fund scholarships for the attendance of children at private schools. The State Code does not provide immunity to school volunteers who provide injections of student medications. The State should adopt legislation that will allow properly trained volunteers to provide injections of medications to students in emergency situations. Governor's School Program A total of nine Governor's Schools now serve 3,350 students statewide. Prior to the 1998- 2000 Biennium, State funding for ongoing Governor's Schools had been frozen since 1992 at $2,765 per pupil. During the current Biennium, per pupil funding for ongoing Governor's Schools was increased to $2,900. It is imperative that the State continue to 16 increase per pupil funding at an annual rate of increase equivalent to the annual rate of increase in per pupil cost as computed for the State Standards of Quality. Compensation of School Board Members The compensation of Roanoke City School Board members has not been raised since 1997. It is requested that maximum compensation allowed for the School Board be raised to $4,200 effective with FY2000-2001. GENERAL GOVERNMENT ,CULTURAL AGENCIES - STATE SUPPORT FOR Local cultural institutions are an important part of the character of a city. In addition to adding to the quality of life of its citizens, these important entities support the economic well being of the community. The City of Roanoke is fortunate to have several institutions such as the Center in the Square and its constituent agencies and the Virginia Museum of Transportation that attract visitors to downtown and are important to people of this region in understanding our heritage. City Council is very appreciative of the General Assembly's funding of these regional cultural institutions and asks for continued State support for these important organizations. Additional funding mechanisms should be explored to ensure the future growth of these important agencies. One such funding source may be through the creation of an "asset district" of one or more localities where additional sales tax revenues could be designated to help fund these entities. GOVERNMENTAL (SOVEREIGN)_ IMMUNITY In recent years, the General Assembly has considered proposals to eliminate or roll back governmental (sometimes referred to as sovereign) immunity for the Commonwealth's cities, counties and towns and official immunity for local govemment employees. These doctrines should be retained, and in fact strengthened, for, among others, the following reasons: Local governments would be forced by loss of immunity to eliminate or cut back high risk functions or services, such as operation of nursing homes, parks and playgrounds and athletic programs, and such action is not in the public interest. Frivolous suits would be encouraged. Local governments would be viewed as a "deep pocket" making them an easy target for plaintiffs who could 17 bring suit without even attempting to identify the employee allegedly at fault. Cost of local government would increase rapid-ly at a time when localities can ill afford a new major drain on financial resources. Cost of defense of litigation may be a more serious problem than the obvious cost of paying judgments. When the City and an employee are sued, conflicts may require a separate attorney for each party. A recent authoritative study shows that, of every $4 paid out by local government in litigation, $3 goes to legal costs; only $1 actually goes to compensate plaintiffs. Threats of harassing lawsuits may make local government officials less likely to act decisively where courageous or difficult actions are in order. Good government is difficult to achieve when officials operate under constant fear of lawsuits. The cap on liability under the Virginia Tort Claims Act is illusory. The $25,000 cap on liability under the Act was first raised to $75,000 and was more recently raised to $100,000. Constant pressure will keep the cap spiraling upward. The City is opposed to any diminishment to governmental immunity of the Commonwealth's cities, counties and towns or the official immunity of local government employees or the extension of the Virginia Tort Claims Act to localities. In fact, official immunity should be extended to certain groups of municipal employees and volunteers who are particularly vulnerable to suits which jeopardize the very existence of programs desired by the community, such as employees and volunteers serving as coaches and officials in youth athletic programs sponsored by the City. MENTAL HEALTH FUNDING With another round ofdeinstitutionalization apparently in the offing, it is important that patients not be returned to localities without sufficient notification, planning, funding and technical support. Also, patients should be returned to their home communities to discourage concentration in urban areas and localities with facilities. It is State policy not to accept primary substance abusers in State facilities, but there is inadequate funding to provide needed local services. Adequate State funding should be provided for local treatment of substance abusers. Many people with traumatic brain injuries do not fall into the State's mental health, mental retardation or substance abuse categories and as a result do not receive necessary and appropriate treatment. Some end up in the criminal justice system or in facilities for 18 the criminally insane. The State should expand its scope of mental health services to include those with traumatic brain injuries. Addressing the needs of this population unserved by the current system will reduce the impact on other local services. NOTICE OF CLAIMS Section 8.01-222, Code of Virginia (1950), as amended, requires that notice of personal injury and property damage claims against cities and towns be given in writing within six months after the occurrence. Compliance with {}8.01-222 is simple; a claimant merely needs to state the nature of the claim and the time and place at which the injury occurred. Bills have been introduced at several recent sessions of the General Assembly to repeal this valuable notice requirement. Although compliance with §8.01-222 is simple, the notice requirement is vital to the Commonwealth's cities and towns. First, the notice provides the opportunity to correct any defect on public property which may have caused injury before another injury occurs. Second, the notice requirement affords the city or town a fair opportunity to investigate the facts and circumstances relating to a claim. The city has hundreds of miles of streets and sidewalks and usually becomes aware of a slip and fall or trip and fall only when notice is filed. Fresh notice is essential to the conduct of any meaningful investigation. If §8.01-222 is repealed, cities and towns will frequently first learn of a claim two years after the fact when suit is filed. This will deny any reasonable opportunity to conduct an investigation of the facts and circumstances relating to the injury. In this regard, a locality is unlike a private property owner who is usually aware immediately of an injury on his property. The City believes that the notice requirement of §8.01-222 represents sound public policy and urges the defeat of any bill weakening or repealing § 8.01-222. HEART, LUNG AND CANCER PRESUMPTIONS Police officers, deputy sheriffs and firefighters have the advantage of nearly irrebuttable presumptions that heart disease and hypertension are occupational diseases under the Workers' Compensation Act. Firefighters have additional presumptions with respect to lung disease and certain forms of cancer. The City has expended or reserved $6.7 million for 38 heart, hypertension, lung and cancer awards made to public safety officers as a result of the statutory presumptions. The City supports legislative action to restore balance to the rebuttal process for the heart, hypertension, lung and cancer presumptions as was the intent of the original legislation. Compensability should be determined by establishing whetherwork or nonwork related risk factors are more likely the primary cause of the claimant's condition. The City is 19 further opposed to extension of the current presumptions to other categories of public employees. COLLECTIVE BARGAINING Any legislation authorizing collective bargaining for public employees in general or for any public employee group should be opposed. The City has strived to develop effective means of communication which permit public employees to voice their concerns. LIENS AGAINST REAL ESTATE FOR UNPAID WATER BILLS The City seeks an amendment to the State Code to clarify that it and other localities have the authority to place a lien against real estate for unpaid water bills. This amendment will aid in collection of these bills. It is clear from § 15.2-2119 that the City already has the authority to place a lien for unpaid sewer service. Given that water and sewer service are billed together and that water service is a necessary adjunct of sewer service, it is logical to amend the State Code to clarify that the authority to place a lien extends to water service. DANGEROUS WEAPONS ON PUBLIC PROPERTY The City supports the enactment of enabling legislation clarifying that local governments are authorized to prohibit the carrying of dangerous weapons in any publicly owned or leased building or property. PROPOSALS TO COMBAT URBAN BLIGHT VACANT BUILDINGS - REGISTRATION FEE Since 1993, the General Assembly has authorized localities to require the owners of vacant buildings to register such buildings on an annual basis and pay a registration fee not to exceed $25. See §15.2-1127 of the State Code. It is important for reasons of public health, safety and welfare that local government authorities be aware of what buildings in the community are vacant. Vacant buildings impose inordinate demands on the police, fire, building and health resources of a community. While the concept behind this law is sound, the fee does not cover the costs incurred by a locality in administering the program. To render § 15.2-1127 effective, the General Assembly should increase the fee to $500 to assist localities in addressing the additional costs of fire, police and inspection activities related to vacant properties. Such fee would also create a deterrent 20 to property owners who might otherwise allow vacant properties to sit unproductive and deteriorate. DELINQUENT TAX SALE PROCESS; WAIVER OF TAXES AND LIENS' NOTICE ~ The escheat process, conducted by escheators appointed by the Governor, was formerly available to transfer abandoned properties to more responsible grantees who received such properties free and clear of encumbrances. In 1996, the General Assembly eliminated abandonment as grounds for escheat. Currently, the cumbersome, costly and time-consuming delinquent tax sale process, carried out by local governments, is the only method available to transfer real property on which taxes have not been paid to more responsible ownership. The Commonwealth should streamline the legal process applicable to sale of properties on which delinquent taxes are owed so that these properties can be transferred to responsible ownership more expeditiously and less expensively. One option would be to permit a locality, with circuit court approval, to appoint a special commissioner to sell property in a manner analogous to foreclosure by a trustee under a deed of trust as set forth in §55-58, et .seq. of the State Code. Currently, inner city properties are frequently forced into delinquent tax sale process because taxes and liens on the properties far exceed their fair market value rendering the properties unmarketable. For example, in Roanoke, demolition costs currently average about $8,000, but the typical value of the vacant lot left is only about $2,500. In addition to the lien for demolition, there may also be liens for taxes and removal of weeds and trash. In accordance with legislation enacted by the 1999 General Assembly, weed and trash liens (§ 15.2-901) and demolition liens (§ 15.2-906) may be waived by the locality as to a purchaser who is unrelated to the current owner of the property. The taxes and costs of weed and trash abatement and demolition would remain a personal obligation of the former owner of the property. Additionally, the City requests that authority be granted for a locality to waive liens for unpaid taxes if such liens are a barrier to redevelopment of the property. Virginia Code Section 15.2-901, allowing localities to require the owners of property to keep the grass, weeds, and other growth on the property cut, permits these localities, after giving reasonable notice, to enter upon the property and cut and to place a lien upon the property, for the cost of doing so. During the summer months, the City's efforts to address this blight are slowed down by the requirement of having to give notice to the same property owner each and every time the City must cut the grass and weeds. The City requests an amendment to require only one notice during each growing season. 21 INSPECTION OF RESIDENTIAL RENTAL PROPERTY Current provisions of the State Code allow the City to require inspections of rental properties only in conservation and rehabilitation districts and certain other small areas designated through a complex process, and then only upon the change in tenancy or change of ownership of the unit. The City has designed and implemented a program of inspections based on these provisions and included a voluntary inspection provision not based on the change of occupancy. The result has been that thousands of rental units in the City's older neighborhoods have been inspected with the cooperation of the property owners, and many Building Maintenance Code violations have been found and corrected. Unfortunately, owners of several hundred units have declined to have their properties inspected voluntarily outside the change in occupancy. A major difficulty in the administration of the program has been to monitor when these rental units change occupancy. The City requests an amendment to Section 36-105 of the Code of Virginia to allow for required inspections in addition to the change in occupancy. There are also areas in the City that have significant concentrations of rental housing and/or deteriorated buildings but have not been designated as conservation or rehabilitation districts. Overall conditions in these neighborhoods may not warrant such formal designation, which includes the administrative process to develop detailed plans, and has implications for the activities and powers of the Redevelopment and Housing Authority. The City requests authority to provide for inspections in areas other than conservation and rehabilitation districts and sections designated as spot blight areas. TAXATION; REVENUE STATE-LOCAL TAX STRUCTURE A sound state and local tax structure is vital to the long-term fiscal vitality of the Commonwealth and its local governments. Virginia is a low-tax state. Only four states in the country have a lower combined state-local tax burden than Virginia (per $1,000 of personal income). Virginia's state-local tax structure should be reexamined in light of economic and demographic changes such as the emergence of new industries, the shift from a goods- based economy to a service-based economy and the effect of an aging population. Another reason to reexamine Virginia's state-local tax structure is to determine whether it is producing sufficient revenue to fund the level of services citizens want. Examples of increased demands for services include school construction, education technology, human services programs, juvenile programs and environmental initiatives. 22 The 1999 General Assembly adopted House Joint Resolution 578 creating the State and Local Tax Structure Commission to study a broad range of issues. It is urged that the State's tax structure provide sufficient resources to local governments so that they are able to deliver the services required by the State. LOCAL FUNDING ISSUES Local governments must retain control of their existing revenue sources so that they have a reliable revenue base to meet the needs of their citizens. This is essential in light of local governments' historical experience with state funding commitments. Examples include inadequate state funding for education, failure to share lottery revenues, erosion of HB 599 funding and erosion of funding for constitutional officers and juvenile block grant funding. The General Assembly should not reduce or narrow the taxing authority of local governments. This includes the elimination or alteration of any existing taxes or fees, the imposition of caps and any other restrictions on existing local revenue sources. The erosion of local revenue sources increases local governments' reliance on the property tax. The state should permit local governments maximum flexibility in their sources of local revenue. Local officials know the needs of their residents and businesses and are therefore best able to make judgements about local tax policies. Likewise, local governments are more easily held accountable by residents and businesses for their local tax decisions. BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE (BPOL) TAX The 1996 Session of the General Assembly undertook major reform of the local business, professional and occupational license (BPOL) tax. In spite of this major reform of the BPOL tax, a small segment of the business community continues to agitate for elimination of the tax. Elimination of the BPOL tax would reduce the stability and diversification of the local revenue base. As to the alternatives, most local governments already rely heavily on the property tax, and many local governments have seen sales tax revenue decline. BPOL revenue cannot realistically be replaced by other local taxes or fees. Therefore, City Council opposes any efforts to repeal the BPOL tax or restrict its application. COMPREHENSIVE SERVICES ACT The costs of the Comprehensive Services Act (CSA) for at-risk youth and their families should be fully funded in the State's base budget. The State should give local governments maximum flexibility in service delivery and use of funds, and allow localities to maximize the use of other funding sources. Because of the growing cost of 23 this mandate on local governments, the State should assume the full cost of the local portion (about $2.6 million for the City) of this program. SALES TAX - ELIMINATION OF TAX ON FOOD PRODUCTS FOR HOME CONSUMPTION It has been proposed to eliminate the 1% sales tax returned to localities based on point of sale as to food products for home consumption. Elimination of this tax would cost the City revenue ors 1.5 million. If the General Assembly chooses to eliminate this revenue source, then it should provide to localities a replacement source that (1) ensures that local revenues will not decrease, (2) produces the same level of revenue growth over time and (3) is not vulnerable to future State reductions. It has also been proposed to eliminate the 1% sales tax earmarked for public education as to food products for home consumption. Applying the City's composite index to the revenue generated by the 1% sales tax earmarked for public education, loss of this revenue source would cost the City's schools nearly $600,000. If the General Assembly opts to eliminate this revenue source, it should modify the SOQ funding formula to ensure that local governments are not required to increase their spending as a result of the lost sales tax revenue. RESEARCH AND DEVELOPMENT TAX CREDIT During the 1999 Session of the General Assembly, House Bill 1667 was passed which creates a research and development tax credit, not to exceed fifteen per cent (15%) spent by a taxpayer on an eligible research and development activity. The maximum credit is $100,000 per year. The tax credit will become effective only if re-enacted by the 2000 General Assembly Session. The City supports the re-enactment of this tax credit legislation. INTEREST PAYMENTS ON ERRONEOUS ASSESSMENT~ During the 1999 Session of the General Assembly, House Bill 1008 was pas§ed, which requires localities to pay interest to taxpayers on erroneously assessed taxes, if such locality requires taxpayers to pay interest on delinquent taxes. Unfortunately, SB 1008 did not adequately define what an erroneously assessed tax was, and it did not set out any particular parameters on the circumstances under which localities are required to pay these refunds. The result has been substantial confusion and differing opinions throughout the Commonwealth as to how this legislation is to be implemented. The City supports efforts to clarify this legislation. 24 TELECOMMUNICATIONS TAX COLLECTIONS There are numerous new telecommunications firms that begin service in a locality, but never notify that locality that they are in their market. With the rapid changes and numerous trade names, it is difficult for a locality to always identify companies doing business and not collecting the required taxes. (With other businesses subject to a business license requirement, it is easier for a locality to identify companies subject to taxes.) Localities then lose utility tax, cellular tax, or E-911 tax revenue and an unfair competitive advantage then exists for those other businesses that report and remit the tax. Many of the new telecommunications companies operate under numerous trade names making it more difficult for the local taxing officials to identify and properly tax those companies. The City supports legislation to require each telecommunications company to notify each locality that they are doing business in that locality. TRANSPORTATION TRANSPORTATION (INCLUDING MASS TRANSIT) FUNDINC Mass transit is critical to a large number of citizens of the Roanoke Valley. These citizens require mass transit for transportation to their jobs, medical and professional appointments and for doing their shopping. Not only is mass transit critical to those citizens who utilize it, but it is also vital to large employers whose work forces rely on Valley Metro for transportation to the workplace and to retail businesses and medical facilities whose customers and patients patronize Valley Metro. Studies of the Commonwealth's transportation needs and funding sources confirm that there is a widening gap between needs and the funding available to meet those needs. The State's current transportation program simply cannot keep up with growing needs statewide. Adequate funding is critical to keep Virginia's transportation system viable and responsive to increasing economic development, workforce, tourism, and quality of life issues. Funding for new initiatives should be made in addition to existing funding arrangements to meet intermodal and inter-regional needs. While increased federal funding may narrow the gap somewhat, it is clear that the state must re-examine and adjust its funding sources and commitments as well. Public-private initiatives must play a role as well. Ensuring adequate funding and planning for Virginia's growing needs may be accomplished through a number of means, including the following: 25 1. Adjusting fund sources, such as the motor fuels tax, to keep page with inflation; Imposing moderate increases in state transportation-related taxes and fees, including the motor fuels tax, the road use tax, the motor vehicle sales and use tax, motor vehicle license fees and motor vehicle rental tax; Authorizing more options for using long-term financing for major transportation projects; Authorizing, at the request of regions, the creation of regional transportation districts with the ability to impose, without referendum, up to two percent motor fuels tax, dedicated to transportation funding; 5. Seeking equity among various road users by ensuring that trucks pay their proportionate share of road costs; 6. Promoting mass transit solutions on a regional and statewide basis. INTERSTATE 73 The Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA") authorized the development ora national highway system to serve major population centers and major travel destinations. ISTEA identifies the Interstate 73 corridor from Charleston, South Carolina, to Detroit, Michigan, as being a high priority. The City supports an alignment ofi-73 following the right-of-way ofU. S. 460 from the West Virginia line, then follOwing the rights-of-way of the proposed "Smart Highway", Interstate 81 and Interstate 581 in the City of Roanoke, and then generally following the right-of-way of U. S. Route 220 from Roanoke to the North Carolina line. This alignment would provide access to the largest population center in Virginia west of Charlottesville, the medical and financial centers of Southwestern Virginia, the largest airport in Southwestern Virginia and one of the State's major universities. The City's preferred alignment would strengthen both interstate and intrastate commerce and provide direct economic benefits to the Commonwealth. _SMART ROAD - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECI Direct access between the Roanoke Valley and Blacksburg/Virginia Tech is important to economic development efforts in Southwest Virginia. The State Transportation Commission has already recognized that a direct link from Blacksburg to 1-81 is a different project from solving traffic congestion on U.S. Route 460 in Montgomery County, and its importance was high-lighted when it was placed in the State's 6-year plan. 26 Recently, the Virginia Department of Transportation has begun construction on the "Smart Road" Project. The City applauds the commencement of construction and supports State funding for this important regional project which will be a catalyst for the creation of new jobs in the Roanoke and New River Valleys. INTERSTATE 66 A new transportation link between Tidewater, Virginia, ar. ~1 central California, via mid- America, has been proposed. This project is sometimes known as the Interstate 66 or the Transcontinental Highway Project. An east-west interstate serving the southern part of Virginia, including Lynchburg and Roanoke, would be a boon to the economic vitality of the Commonwealth. Therefore, the City supports an alignment of this important transportation link that would take it from Norfolk to Richmond, then follow the U. S. 460 corridor through Lynchburg and Roanoke, and then on to West Virginia. EXTENSION OF PASSENGER RAIL SERVICE City Council has previously urged support for the extension of AMTRAK rail service from New York to Atlanta via Roanoke. See Resolution No. 31374-030893 and Resolution No. 34530-102099, adopted October 25,1999. More recently, the Virginia Department of Rail and Public Transportation has completed Phases I and II of a study of passenger rail service between Washington, D. C. and Bristol, and/or between Richmond and Bristol. Roanoke would be a station along both proposed routes. Phase I of the study concludes that the proposed passenger rail service is feasible. Phase II of the study has been completed and recommends "that passenger rail service be implemented to connect Bristol with both Richmond and Washington, D.C. All stations would be served by two round trips per day. Trains leaving Bristol would travel through the New River Valley and Roanoke to Lynchburg where the line would split, with one train continuing north to Charlottesville and on to Alexandria and Washington, D.C., while the other line goes east through Farmville to Richmond." New passenger rail service would provide badly needed transportation access and act as a catalyst to development of local economies. Passenger rail service to downtown Roanoke would provide additional support and increased visibility to such local economic development projects as the Hotel Roanoke and Conference Center, the Historic City Market, the Virginia Museum of Transportation, Center in the Square, Henry Street and other attractions and businesses in downtown Roanoke. City Council endorses the proposal to extend AMTRAK service between New York and Atlanta via Roanoke and urges development of Bristol to Washington and Richmond rail passenger service. 27 HIGHWAY MAINTENANCE Interstate 581 is a heavily traveled portion of the interstate system and a major entrance into the City. Many visitors to the City get their first impression of the City from the appearance ofi-581. Unfortunately, 1-581 is not mowed frequently enough, nor is litter kept in control. Furthermore, there is little landscaping to improve the aesthetics of this major entrance into the City. The General Assembly is urged to insure that the Virginia Department of Transportation provides regular maintenance ofi-581, both as to mowing and litter control, and that adequate landscaping is provided to improve the aesthetics of this major interstate corridor through the heart of Roanoke. SOUTHWEST VIRGINIA REGIONAL WELCOME CENTER An important element for economic development can be found in the State's tourism industry. Southwest Virginia has a rich heritage of attractions and with major historical and cultural significance. Retail business and industry benefit from travel expenditures that in turn contribute to governments for infrastructure development and basic services. The concept of regional "welcome" centers being considered in Williamsburg and Fredericksburg should be expanded to include Southwest Virginia. City Council urges the General Assembly to consider planning and appropriating funds to develop these welcome centers in areas beyond the "golden crescent" of Interstate 95 and 64 in eastern and northern Virginia. 28 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 1999. No. 34566-111599. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2000 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 15, 1999, recommended to Council a Legislative Program to be presented at the 2000 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 15, 1999, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2000 Session of the General Assembly. A-1 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2000 Session of the General Assembly to attend CounciYs meeting relating to legislative matters, to be held at 12:15, on December 6, 1999. ATTEST: City Clerk. Al2 ,POLICY STATEMENTS INDEX Clarification of State and Local Responsibilities Economic Development .......................... 5 Effective Government ............................................. 6 Mandates ...................................... 4 Revenue and Finance ............................................... 4 5 Special Needs of Central Cities Without Annexation Power ................5 Transportation ..................................................... 7 Zoning and Land Use ............................................... 7 KEY ISSUES AND LEGISLATIVE PROPOSALS Commission on the Condition and Future of Virginia's Cities ............... 7 Continuation of Full Funding for HB 599; Reimbursement for Cumulative Deficit Freedom of Information Act .......................................... 9 Meals Tax ........................................................ 10 Roanoke Higher Education Authority .................................. 9 Regional Competitiveness Act Funding ................................. 9 OTHER LEGISLATIVE PROPOSALS AND POSITION£ Education Compensation of School Board Members .............................. 17 Construction and Technology ....................................... 15 Governor's School Program ......................................... 16 Public Education Priorities Pupil Services ................................... 14 Roanoke City ' .................. Schools Issues ....................................... 10 School Governance Standards of Learning ............................................. 13 State Initiatives General Govemment Collective Bargaining .............................................. 20 Cultural Agencies - State Support for ................................. 17 Dangerous Weapons on Public Property ............................... 20 A-3 Governmental (Sovereign) Immunity .................................. 17 Heart, Lung and Cancer Presumptions ................................. 19 Liens Against Real Estate for Unpaid Water Bills ........................ 20 Mental Health Funding ........................................... 18 Notice of Claims Proposals to Combat Urban Blight Delinquent Tax Sale Process; Waiver of Taxes and Liens; Notice ........... 21 Inspection of Residential Rental Property ............................... 22 Vacant Buildings - Registration Fee .................................. 20 Taxation; Revenue Business, Professional and Occupational License (BPOL) Tax .............23 Comprehensive Services Act ........................................ 23 Interest Payments on Erroneous Assessments ........................... 24 Local Funding Issues .............................................. 23 Research and Development Tax Credit ................................ 24 Sales Tax - Elimination of Tax on Food Products for Home Consumption .... 24 State-Local Tax Structure ........................................... 22 Telecommunications Tax Collections ................................. 25 Transportation Extension of Passenger Rail Service .................................. 27 Highway Maintenance ............................................. 28 Interstate 66 · ......................... ...... .....................27 Interstate 73 ..................................................... 26 Smart Road - Improved Access to Blacksburg/Virginia Tech ...............26 Southwest Virginia Regional Welcome Center .......................... 28 Transportation (Including Mass Transit) Funding ........................25 A-4 C onntL of oanoke MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallan@www.co.roanoke.va.us P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us November 29, 1999 Mary F. Parker, Clerk, Roanoke City Council Roanoke City Council, Members Forest Jones, Clerk, Salem City Council Salem City Council, Members Carolyn S. Ross, Clerk, Vinton Town Council Vinton Town Council, Members Wayne Strickland, Executive Director, Fifth Planning District Commission James D. Campbell, Executive Director, Virginia Association of Counties Attached is a certified copy of Resolution No. 112399-5 adopting a Legislative Program for the 2000 Session of the Virginia General Assembly. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, November 23, 1999. If you need further information, please do not hesitate to contact me. Sincerely, Attachment CC: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors Paul M. Mahoney, County Attorney The Honorable Bruce F. Jamerson, Clerk of the House of Delegates The Honorable Susan Clarke Schaar, Clerk of the Senate Recycled Paper AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 23, 1999 RESOLUTION 112399-5 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2000 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2000 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2000 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2000 session of the Virginia General Assembly for its favorable consideration and adoption. I. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) 1) The Constitution of the Commonwealth of Virginia should be amended to provide that elected school boards may be granted the authority and responsibility for taxation to support public education. 2) The General Assembly should enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or 1 renovation projects. The General Assembly should increase funding for capital construction and renovation projects based upon the Iocality's local effort in support of these capital projects. 3) Local school divisions should be authorized to establish opening dates for school. 4) Disparity funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the Iocality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a Iocality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the Iocality's local effort in support of that school system. B. Transportation and Highway Safety. 1) Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Roanoke County requests additional and immediate funding for improvements to U.S. Route 11/460 west of Salem, Interstate 81 and Interstate 73. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. 2) Roanoke County is in support of Roanoke City's support of expanding local authority to create transportation districts, to impose local option motor vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. C. Public Safety. 1) Roanoke County supports legislation appropriating funds and directing the State Compensation Board to modify staffing standards for local jails and court services positions for Shedffs offices. 2 2) Roanoke County requests that Section 46.2-1001 be amended to add Roanoke County to the list of jurisdictions whose law-enforcement officers are authorized to perform vehicle safety inspections. 3) Roanoke County requests that Section 46.2-882 be amended to add Roanoke County to the list of jurisdictions whose law-enforcement officers are authorized to use laser speed detection devices 4) Amend sec. 56-414 to allow counties to regulate the sounding of train whistles at railroad crossings. 5) Amend Sec. 15.2-901 (weeds and trash) and 15.2-904 (inoperable motor vehicles) to allow enforcement through the use of civil penalties, as authorized for violations of zoning ordinances under Sec. 15.2-2209, or for violations of erosion and sediment control ordinances under Sec. 10.1-562.J. D. Environment. 1 ) Roanoke County supports amending Chapter 6.1, "Virginia Tire Tax" of Title 58.1, "Taxation" (a) to increase the tire tax from $.50 to $1.25, and (b) to direct and authorize the Department of Waste Management to utilize the increased Waste Tire Trust Fund to remediate illegal or abandoned waste tire dumps. 2) Roanoke County supports allowing the disposal of land clearing vegetative debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. E. Local Taxation and Funding. 1 ) Roanoke County vigorously opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing, unless local governments are guaranteed the opportunity to replace lost 3 sources of local revenue with comparable, equivalent, independent sources of revenue to allow localities to fulfill their public service obligations. 2) Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the Family Preservation Act, local police departments (HB 599 funding), and the Regional Competitiveness Act. 3) Roanoke County requests funding for the Blue Ridge Parkway Interpretive Center, and capital construction funding for the Explore Park Education Center. 4) Roanoke County supports authority to impose an additional one-half percent (~%) local option sales tax. 5) Roanoke County supports increased capital construction funding for regional juvenile detention facilities, and that such facilities receive at least 50% of their operating costs from the Commonwealth. 6) Roanoke County supports legislation amending Section 14.1-46.0:1 to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Malfourd W. "Bo" Trumbo, Delegate H. Morgan Gdffith, Delegate Clifton "Chip" Woodrum, Delegate C. Richard Cranwell, Delegate A. Victor Thomas; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Fifth Planning District Commission, and the Virginia Association of Counties. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Johnson NAYS: Supervisors McNamara, Nickens A COPY TESTE: Cc: Brenda J. H(~ton, CMC Deputy Clerk to the Board of Supervisors File Paul M. Mahoney, County Attorney The Honorable John S. Edwards The Honorable Malfourd W. "Bo" Trumbo The Honorable H. Morgan Griffith The Honorable Clifton "Chip" Woodrum The Honorable C. Richard Cranwell The Honorable A. Victor Thomas Mary F. Parker, Clerk, Roanoke City Council Roanoke City Council, Members Forest Jones, Clerk, Salem City Council Salem City Council, Members Carolyn S. Ross, Clerk, Vinton Town Council Vinton Town Council, Members Wayne Strickland, Executive Director, Fifth Planning District Commission James D. Campbell, Executive Director, Virginia Association of Counties I hereby certify that the foregoing is a tree and correct copy of Resolution 112399-5 adopted by the Roanoke County Board of Supervisors by a three to two recorded vote on Tuesday, November 23, 1999. Brenda J. Holton,V'Deputy Clerk Roanoke County Board of Supervisors FY2000-2002 Legislative Program Legislative Outcomes FY998-2000 + State Lottery Funds - $3.1 M . Disparity Funds of $825,000 for: . Primary Grade Class Size Reduction . Additional Preschool Classes + New State Funds for Remediation & Teacher I nservice - $800,000 + Additional Funding for Teacher Sal Improvements - $1.1 M + Maintenance of Local Control + Grant for Student Health Services Roanoke City School Board Biennium Objectives Annual Gains in Student Performance . Improve Student Achievement by 4% . Increase Student Attendance by 10% . Improve Physical Fitness Scores . Reduce the Dropout Rate by 1% . Increase the Graduation Rate to 90% by 7% SOL Passage Rate- Improve Passa Rate by 10% per Year 5 Legislative Issues TEACHER SALARIES, FY99 $44,000 $42,000 $4O,OOO $38,000 $36,000 $40,854 $38,019 $40,936 National Avera~___~ Il Roanoke Ci~* L $40,854 $38,019 $40,936 *For Roanoke Teachers Employed Since 1993-94 Legislative Issues, FY2000-2002 ROANOKE CITY PRIORITIES . Fully Fund SOQ & State Mandates for Standards of Learning . Enhance Teacher & Principal Recruitment . Maintain Local Governance . Support Non-Punitive Consequences for Accreditation Standards . Address Student Safety & Disciplin Issues . Provide Permanent Source of State Funds for Cap, ital Outlay Cost of Standards of Learnin FY2000 to FY2004 Total Cost for Four Years = $12,775,000 . Textbooks & Materials - $1,100,000 . Teacher Inservice- $1,850,000 . Student 'l-estin§ - $425,000 . Student Intervention - $1,050,000 . Technology Personnel- $1,350,000 . Technology Equipment- $1,750,000 . School Air Conditioning - $5,250,000 Legislative Outcomes, FY2000-2002 Biennium . Support Non-Punitive Accreditation Stan . Fully Fund SOQ & Accreditation Standards: ,~ Textbooks and Teacher Inservice ,~ Technology and Technology Assistants ¢ Intervention and Testing Services . Increase Funding for: ¢ Teacher Salary Raises ¢ Teacher & Principal Recruitment ,~ Alternative Education Programs ¢ School Nurses ,~ Resource Officers & Security Equip S Legislative Outcomes, FY2000-2002 Biennium . Establish Infrastructure Trust Fund for School Construction Needs (Permanent Funding Source) . Continue to Increase Governor's School Funding 10 Consequences of Legislative Failure or Inaction . Urban Schools' Accreditation In Jeopardy . School & Student Performance Does Not Meet State & Local Standards . Teacher Salaries Fall Below the National Average . Teacher & Principal Positions Not Qualified Personnel . SOL Requirements Not Met . School Buildings Overcrowded & . Local Fiscal Resources Unduly Taxed 11 Filled With State Educational Incentive Funding, FY97 to FYO0 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 Incentive Funds* Tech. & Cons $842,000 FY96-9~ FY97-91~ ~=Y98'9~ FY99-O~ $1,581,799 $1,898,274 $3,085,622 $3,610,695 $750,000 $543,0OO $2,693,819 *Includes class size, preschool, and remedial reading incentive 4 MISS VIRGINIA 1999 CRYSTAL LEWIS ROANOKE, VIRGINIA Parents Education Platform Issue Talent Billy & Linda Lewis Newport News, Virginia AGE: 21 Junior-Campbell University Buies Creek, North Carolina "Voluntarism in America's Classroom,, Vocal Scholastic Honors Other Accomplishments Employment Career Ambition Dean's List President's List Recipient of Orm'cron Delta Kappa Cup Presidential $ckolar-Campbeli Universi~ Directed Several Children's Choirs Implemented Cooperative Tutoring Program Between College Students & Elementary School Students in Buies Creek, IV.C. Toured & Recorded With Contemporary Christian Artist, "Eternity" Assistant Manager ~It's Fashion' Consultant/Sales Associate, Mitchell Formal Wear Student Assistant to the President, Campbell University To Become a Successful Recording Artist & Establish Own Record Label Affdiated As A Spol~esperson For Colin Poweil's Program America's Promise ' DEC-~6-1999 l~:41 540 ~ 5340 P.O1 ,~tJn-29-99 01:10P MU~$£LWHITE ~,md A~-~OC. 540 989 2782 P. 02 MISS VIRGINIA 1999 CRYSTAL LEWIS Roanoke, Virginia Pare~tts Education Platform Issue Talent Scholastic Honors Other Accomplishments Employment Career Ambition Age 21 Billy and Iz'nd~ Lewis Newport News, Virginia Junior- Campbell Uni~rsity Bales Creek, North Carolina "¥olungeer~sm In America's Classrooms" Vocal. "I H~e Nothing" Dean 's List President's List Recipient of Omicron Delta Kappa Cup Prestdentol Scholar- Campbell University Directed several children's choir~ Implemented Cooperative Tutoring Program between college students and elementary sckool Mudm~ in Baia Creek, N.C. Toured and recorded with Contempor~ Christian Artist, ~Eteml(~ " Assistant Manager, "It's Fashion" Consultant/Sales Associate, Mitchell's Fornugwear Student Assistant to the President, Campbell University To become a succ~fful recor&'ng art~t and establish my own record label DEC-~-1999 08:51 540 77~ 5-~4~ 94~. P,O1 December 1, 1999 Southwestern Virginia Genealogical Society P.O. Box 12485, Roanoke, VA '99 0V31 P1:17 Clerk of the City of Roanoke Municipal Building, Rm. 456 215 Church Ave., SW Roanoke, VA My Dear Sirs: The Board of Directors of the Southwestern Virginia Genealogical Society (SVGS) requests that a presentation by SVGS to the Library Board of Roanoke be scheduled at the first convenient city council meeting. The presentation will be of a gift of $1000.00 for the expansion of the Virginia Room at the Main City Library. The gift is to honor of the Ms Carroll Tuckwiller's service to the city and the public on the occasion of her retirement. The presentation will be made by Stephen Jenkins of SVGS's Board of Directors. The following is a synopsis of the text of the presentation we wish to make. We welcome your comments and suggestions. "Mayor Bowers, members of the Council, ladies and gentlemen; I am Stephen denkins from the Board of Directors of the Southwestern Virginia Genealogical Society. Thank you for the opportunity to make this presentation before you today to honor one of the stars of the Star City. The Southwestern Virginia Genealogical Society commends to you Ms. Carroll Tuckwiller's thirty years of superlative service as the director of the Virginia Room. In her honor, we are donating $1000. O0 to the expansion of the Virginia Room in the Main City Library. Ms. Tuckwiller has been an extraordinary ambassador for the City of Roanoke and has made the city numerous friends and supporters among the thousands of visitors who have traveled here to use the Virginia Room. Her considerable knowledge and expertise in the history of Virginia and the science of genealogy has helped many to find their roots in southwestern Virginia. Through her efforts the Virginia Room has established an excellent national reputation which has drawn many people from throughout the nation and the world to visit our city. We hope that this donation and the generous gift made by the DAR will facilitate this important expansion project. We also ask that other organizations whose members use the Virginia Room consider a donation to this project of whatever amount their means might allow. The history of southwestern Virginia and its role in the development of this nation is one of the great sagas in American history. St. Louis may have built an arch and named itself the 'Gateway to the West ', but before that southwestern Virginia was the 'Gateway to America 'for the ancestors of hundreds of thousands of today's Americans. Unfortunately, we are often preoccupied with current issues as we try to fulfill the vision that our forefathers had for this country. We should not overlook the Southwestern Virginia Genealogical Society P.O. Box 12485, Roanoke, VA 24026-2485 importance of remembering our ancestor's accomplishments and their fadings; that is our heritage. Without an awareness of the people, the events and the conflicts which preceded us, we cannot teach our children to manage the great flow of events that will occur in their lifetimes and to direct it towards the ful. fillment of that dream that is America.. To foster this awareness, the Southwestern Virginia Genealogical Society wouM like to announce that it has approved the expenditure of $500. O0 to seed the formation ora consortium of southwestern Virginia organizations to promote the history of our region. Within southwestern Virginia there are over a hundred groups dedicated to preserving and teaching this heritage. Each is diligently pursuing its purpose. A consortium will allow us to confer with each other and to pool our efforts through mutual promotion . This consortium will also provide a venue through which local government and other civic organizations may encourage historical tourism. It will provide a large base of activism and volunteers to develop a full calender of events and destinations within the region to entice further tourism and interest in our history. By publicizing these events and sites in the dozens of publications distributed by these organizations, we will synergize efforts to promote the awareness of southwestern Virginia and its history. We envision that the consortium wouM meet bi-monthly or quarterly, alternately in Roanoke, Blacksburg or Whytheville. We wouM invite an open membership of organizations interested in the history of the region including historical organizations, genealogical organizations, patriotic organizations, colleges and universities, museums, libraries and representatives of local governments. We ask that the council consider this idea, and that if they concur with the merit of this concept, that they lend their good offices to this effort by suggesting suitable members and projects for the consortium as well as likely individuals whose interests, energy and talents wouM support the success of this endeavor. I thankyouforyour time and this opportunity to speak to you and look forward to your comments, suggestions and advice." Respectfully submitted, Board of Directors, Southwestern Virginia Genealogical Society Assistant Treasurer and Membership Chairman 343-7914 e-mail: jenkyns~roanoke.infi.net cc: SVGS President, Wendy James First vice president, Karen Kappessor Recording secretary, Dorothy Creasy Immediate past president, Gene Swartzell The 2nd Annual Toys 4 Tots softball game was held on Friday, September 10, 1999, at Wasena Park. The City won 21 to 8. As you recall, and we won't talk about it again, last year the City lost 25 to 12, so we are getting better. As is evidenced by the toys collected from all City employees, the dedication to the children and the community is tremendous in our All American City. I take this opportunity to say thank you to all City employees who donated toys, hats and gloves. I sincerely hope that Chief Jordan and his players will match or double the amount of toys collected. I take this opportunity to issue a challenge to the Marines (if they think they can handle us) to play again next year. At this time I would like to introduce Chief Kevin Jordan. his Reserves PLAYERS Leisha Cook, Planner/Organizer Joyce Johnson, Planner/Organizer Cindy Ayers Bob Bengtson Vic Brammer Adrean Brown Bob Clear Robert Early Jill Epperly Jeff Lambert Judith Mills Terry Oates Melinda Payne Pete Peters Tommy Shaver Dave Suttles Eddie Tucker Tim Vaughn Blain Wilson Edra Wimmer Officials: CoachPete Peters Vicky Vancleeck, Wade Kendrick Given under our hands and the Seal of the City of Roanoke this sixth day of December nineteen hundred and ninety-nine. WHEREAS, this year marks the 200th anniversary of the death of America's Founding Father, George Washington, who was the indispensable figure in the creation of the United States of America, and served our nation as its Commander in Chief and President with unparalleled distinction; and WHEREAS, Americans.from sea to shining sea should pause on the brink of the new century to reflect on George Washington's contributions to self- government, and to remember that in the first presidential inaugural address he challenged all Americans with the task of preserving, for all ages, "the sacred fire of liberty"; and WHEREAS, Senate Concurrent Resolution 83 of the 106~h Congress of the United States calls upon the nation to remember the life of George Washington and his contributions to the nation with appropriate ceremonies on December 14, 1999, the 20ff~ anniversary of his death, and states that the flag of the United States should be lowered to half staff on that date; and WHEREAS, The Sons of the American Revolution, Fincastle Resolutions Chapter, will hold a memorial service commemorating the 200tn anniversary of George Washington's death in Fallon Park, Roanoke, Virginia, at 1:00 p.m. on Tuesday, December 14, 1999. NOW, THEREFORE, L David A. Bowers, Mayor of the City of Roanoke, Virginia, in celebration of the life and legacy of the man who was First in War, First in Peace, and First in the Hearts of His Countrymen, do hereby proclaim Tuesday, December 14, 1999, throughout this great All-America City, as ATTEST: GEORGE WASHINGTON DA Y. Mary F. Parker City Clerk David A. Bowers Mayor t~ECElVEO CiTY CLERKS OFF!CE ~9 DEl]-1 P4:22 December 6, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Christmas Parade This is to reserve space on Council's agenda for the 2:00 session for a 10-minute briefing by Downtown Roanoke, Inc. regarding the above referenced subject. Respectfully submitted, D. Ritchie Actin~City Manager JDR:ca CC: City Attorney Director of Finance City Clerk MECE~ED CiTY CLERKS ~ NOV 23 P2:36 E. DUANE HOWARD 508-B Walnut Avenue, Old Southwest Roanoke, Virginia 24016-4523 (540) 982-1085 I would like to request being put on the agenda for the next City Council Meeting of: To speak on the subject of: Thank you very much, Sincerely, E. Duane Howard WILLIAM M. HACKWORTH CITY A'I'FORNEY CITY OF ROANOKE OFFICE OF CITY ATFORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ ci.roanoke.va, us November 15, 1999 RECEIVED ['.ITY r~, r:~.~,.,q r~-, '99 NOV IC I~!LL~&M X PARSONS · StiffEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Salaries of Mayor and Council Members Dear Mayor Bowers and Members of Council: As you have requested, I have prepared the attached ordinance for your consideration which would provide for an increase in the salaries paid the Mayor and members of City Council. Pursuant to §15.2-1414.6, Code of Virginia (1950), as amended, (this section went into effect October 1, 1998) the mayor of a city with a population the size of Roanoke's may receive an annual salary of up to $25,000, and members of Council may receive an annual salary of up to $23,000. As you know, the Mayor currently receives $18,000 per year, and the Vice-Mayor and members of Council receive $14,000. These salaries were established on June 3, 1996, by action of Council. As provided in § 15.2-1414.6, no increase in the salary of the members of Council may take effect until July 1 after the next regularly scheduled general election of Council members. In this instance, this means that if you should take action to establish an increase in the annual salaries of the Mayor and members of Council, this increase could not take effect until July 1, 2000. This section also provides that eVery proposed increase in the salary of the members of Council shall be adopted at least four months prior to date of the next municipal election, meaning that Council will need to act on this matter before the end of 1999, if it wishes to act. As you requested, I have attached a compilation of the salaries paid to mayors and council members in other Virginia cities. This compilation was prepared by the Virginia Municipal League in December of 1997, and is the latest compilation available from VML. Our Personnel Manager, Ken Cronin was kind enough to call several jurisdictions to obtain additional, current information and his November, 1999, summary is attached. H:\COUNClLkl-hmsala. 1 The Honorable Mayor and Members of City Council November 15, 1999 Page 2 Council also asked for a history of Council's salaries. The following are the salaries set by Council since 1980: Ordinance Effective Mayor's Vice-Mayor's Council Member No. Date Salary Salary Salaries 25247 July 1, 1980 $8,400 $6,600 $6,000 25670 July 1, 1981 [six % raises for all] 27020 July 1, 1984 $10,904 $7,996 $7,360 28134 July 1, 1986 $14,700 $11,550 $10,500 28639 July 1, 1987 $15,000 $12,127.50 $11,025 29103 July 1, 1988 $15,000 $13,000 $12,000 30036-50790 July 1, 1990 $15,000 $13,000 $13,000 32980-060396 July 1, 1996 $18,000 $14,000 $14,000 WMH:f Attachments cc: Please let me know if you have any questions with regard to this matter. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney James D. Ritchie, Acting City Manager James D. Grisso, Director of Finance Jennifer Faulkner, Acting Public Information Officer Melinda Mayo, Public Information Specialist H:\COLrNCILU-lunsala. 1 Per Month Per Meeting Per Year !Per Month Per Meeting Other Per Year Per Month Per Meeting Special Meeti~ Other SURVEY OF COUNCIL SALARIES Jurisdiction Salem November 1999 Mayor Salary $12,242 Vice Mayor Salary Council Salary $10,712 Roanoke County 13,972 13,372 1 172 Roanoke 18,000 14,000 Lynch burg 6,300 4,500 4,320 Alexandria 25,000 o ! 20,000 Newport News 25,000 23,000 Richmond 27,000 25,000 Chesterfield 27,428 25,853 24,278 Henrico 44,275 42,350 38,500 SURVEY OF COUNCIL SALARIES November 1999 Jurisdiction Salem , Roanoke County Mayor Salary $12,242 13,372 !Roanoke 13,972 Vice Mayor Salary Council Salary $10,712 __12,172 14,000 18,000 ~Lynchburg 6,300 4,500 4,320 Alexandria 25,000 20,000 Newpo~ News 25,000, 23,000 Richmond 27,000 25,000, Cheste~eld 27,428 25,853 24,278' Hendco 44,275 42,350 38,500: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, 2000; and providing for an emergency. WHEREAS, §15.2-1414.6, Code of Virginia (1950), as amended, authorizes this Council, notwithstanding any contrary provision of law, general or special, to set annual salaries by ordinance for the Mayor, Vice-Mayor and each member of Council within certain limits, and this Council is desirous of exercising this authority. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 2000, and ending June 30, 2001, and for succeeding fiscal years unless modified by action of this Council, the annual salaries of the Mayor, Vice-Mayor and each member of Council shall be as follows: Mayor - $ Vice-Mayor and Council Members - $ 2. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 3. The Mayor and members of Council shall continue to receive such other benefits as have previously been authorized by Council. H:\MEA~UR~S\O-COUSAL.O0 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\MEASUR~S\O-COUSA.L.O0 RECEI~EO CITY CLERE$ O~FICE THE ROAN(~E ~JTM-~ ill0:27 AD Number: /~ ffc~/7t D-.fi' Publisher's Fee $ ADDRESS: AFFIDAVIT OF PUBLICATION I, (the undersigned), an authorized representative of the Roanoke Times, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: NOTICE OF PUBLIC HEARING Pumuont to §15.2-1414.6; Code of VIr&lnla (1950), a~ City of Roanoke will hold pupllc 15, 1999, at 7:00p.m., Ired on Monday, Declmaber 6, 1999, at ~ 2:00p.m. In the Council Ctlem- her of the Muelciplfl. ~ 215 Chum, h Avenue, S.W., In the CRy, on the, Issue of .whether City Council ~hould Ma~or and Council membem up tO ~ome amount not excendlr~ ted by State law. State law n°w ~ermits the Mayor to .enm;a salary of up to ~5,000, and Council members up to Uae Mayor is *:18,000 and. Council members currently. enm '14,000. All psrtle~ in Iflters~t and citi. zens may appenr en the abeve daten and be ~,,erd on this i~ue. GIVEN u~der my hand this 8th day of November, 1999. i Mary F. Perker, City Clerk (J289465) . RUN DATES: Witness, this/SFday of ~- 1999 Sworn to and subr, c~,bod bc;oro mo this of~ .~,!~jrxL~,'. wi~-.-.$ my h~ and official ~al.. (Authorized Signature) REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL September 7, 1999 12:15 p.m. The Council of the City of Roanoke met in regular session on Tuesday, September 7, 1999, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetin.qs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Linda F. Wyatt, Carroll E. Swain, James O. Trout and Mayor David A. Bowers ........................................... 5. ABSENT: Vice-Mayor C. Nelson Harris and Council Member W. Alvin Hudson, OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 12:17 p.m., the Mayor declared the meeting in recess to be reconvened at 12:25 p.m., in the Social Services Conference Room, Room 306, Municipal Building North. At 12:25 p.m., the meeting reconvened in the Social Services Conference Room, Room 306, Municipal North, with all Members of the Council in attendance, with the exception of Vice-Mayor Harris and Council Member Hudson, Mayor Bowers presiding. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; Mary F. Parker, City Clerk; Willard N. Claytor, Director of Real Estate Valuation; Robert H. Bird, Municipal Auditor; George C. Snead, Jr., Director of Public Safety; Robert K. Bengston, Acting Director of Public Works; Glenn D. Radcliffe, Director of Human Development; and Kit B. Kiser, Director of Utilities and Operations. OTHERS PRESENT: The Honorable Robert W. Goodlatte, United States Representative, Sixth Congressional District; Peter S. Larkin, District Director for Congressman Goodlatte. COUNCIL-LEGISLATION: The Mayor welcomed Congressman Goodlatte and Mr. Larkin to the meeting which is held annually to discuss matters of mutual interest and concern. Following lunch, the business session convened at 12:50 p.m. Congressman Goodlatte advised that the fourth in a series of meetings was held in August to address highway safety on 1-81. He called attention to an increase in traffic and expressed concern with regard to the tragic accidents that have taken place in recent months. He advised that a volunteer citizen task force was appointed which is charged with the responsibility of filing with the local governments along 1-81 and the Federal Government their recommendations and their assessment of recommendations made by citizens and other groups that participated in numerous meetings throughout the state. He stated that plans are underway to widen 1-81 which will take a number of years to complete and in the meantime, certain things can be done to make the highway safer, including technological improvements to provide more information and appropriate signage, especially regarding weather conditions, and any measures the City of Roanoke would like to include should be brought to the attention of its state representatives. He referred to efforts to obtain additional monies to fund a five year Virginia Department of Transportation Highway Safety Improvements Program which will be implemented in October and will be known as "Travel Shenandoah" that will include Iow band radio Internet information and a pager system that enables motorists to be paged while on the highway and notified of a change in traffic conditions. He stated that the second phase of the project is "Rockbridge South" which is anticipated to be on line in early 2000. Congressman Goodlatte advised that he is following with great interest the planning for locating 1-73 which will impact the City of Roanoke, both positively and negatively, and encouraged the City to be actively involved in that issue. He stated that 1-73 is routed by Federal Law through the Roanoke Valley for the purposes of improving highway safety, particularly to upgrade or replace Route 220 south of Roanoke, and for economic development purposes and to provide better connections to the Piedmont Triad of North Carolina. He added that currently, the Virginia Department of Transportation (VDOT) is making decisions on proposed alternatives, all of which have caused opposition in the areas in which they are proposed; and the Federal Government imposes a number of requirements that VDOT must follow and if the City of Roanoke is concerned about any of the procedures, he offered his assistance to work with the City and the Federal Highway Administration. 2 Congressman Goodlatte advised that the Federal Aviation Administration has approved an additional $3.7 million for work on the south end of Runway A at Roanoke Regional Airport, $900,000.00 is included for Phase I of the general aviation area and he will continue to work with the Federal Aviation Administration to monitor funding for the new control tower. Congressman Goodlatte noted that an additional $200,000.00 was secured for Valley Metro capital improvements in last years' budget and $500,000.00 was included for the Roanoke Passenger Rail Station. He added that Roanoke was successful in being designated as the location for the National Emergency Medical Services Memorial Service which is a fitting location because Roanoke was the site of the first rescue squad in the country. Congressman Goodlatte stated that the Blue Ridge Interpretative Center to be located on the Blue Ridge Parkway in Roanoke County will be beneficial to the entire valley because it will include a Visitor's Center at Explore Park for the Blue Ridge Parkway that will cause visitors to be aware of downtown Roanoke and area attractions, $800,000.00 in Federal funds was appropriated for that purpose, and it is anticipated that construction will begin in 2000. Council Member Swain called attention to deteriorating service at the Veterans Administration Hospital in Salem. He explained that new medications are prescribed by doctors; however, the pharmacy does not stock the medicines which means that patients must purchase the medication through the private sector. He asked that Congressman Goodlatte provide assistance. Congressman Goodlatte advised that he has received complaints from a large number of his constituents. He stated that the problem stems from a number of areas such as administrative problems, both locally and nationally, that are in need of attention, and it is hoped that there will be noticeable improvements with new leadership. He added that funding has also been a problem, although some success was experienced through the VA/HUD Appropriations Bill and a $2 billion increase in funds for health care facilities for veterans, which is the first time that a substantial increase has been included in the budget process. He added that he has worked with doctors, the Veterans Administration Hospital, veterans organizations, unions and hospital administration in addressing a number of specific concerns, and he would investigate Mr. Swain's concern regarding the unavailability of certain medicines through the VA pharmacy for those persons with a service connected disability. Council Member Wyatt advised that the size of school class rooms has been reduced which has created a lack of space for students and no work space for teachers. She inquired about not only the lack of available space for classrooms in 3 the Sixth Congressional District, but the number of school buildings across the district that are in need of repair, and the number of modular units currently in use in the Sixth District. She called attention to the need for high school renovations which will bring classrooms into the 21st century because school buildings are not compatible with current technology. For the Roanoke Valley alone, she added that high schools need to be renovated in the amount of approximately $75 million, and inquired if Congressman Goodlatte is reviewing school facility renovation needs in the Sixth Congressional District. Congressman Goodlatte advised that he meets with representatives of all local governments in the Sixth Congressional District, he is aware of the number of students enrolled in the various school systems, and the City of Roanoke has done a commendable job in terms of its ongoing renovation program for elementary and middle schools. He explained that the Federal Government has passed legislation in making Federal funds for local school systems more flexible, and there are a number of proposals at the Congressional level for assistance with school construction/renovation. He advised that funding requests that involve greater Federal Government involvement for school construction are of great concern to him as one member of the Congress, because while there are needs all across the Sixth Congressional District, there are far greater needs in other parts of the country in major cities, and a system that causes Virginia taxpayers to subsidize expenses in other parts of the country cause concern because Virginia has been responsible and managed its tax dollars wisely and should not have to pay for school facilities in those areas of the United States that have not spent their dollars wisely. He stated that he would like to identify legislation that will allow local governments to find the means to raise funds for capital expenditures. Ms. Wyatt requested that Congressmen Goodlatte determine how many modular classrooms are currently in use throughout the Sixth Congressional District, and how many schools are in need of renovation. She stated that schools in the City of Roanoke have been renovated; however, there are still too many modular classrooms, and elementary schools that were refurbished in the first round of renovations are now in need of additional repairs. Mr. White asked that Congressman Goodlatte explore ways to provide direct funding to Roanoke City to offset the taxpayers' subsidy to the public transit system. He inquired about efforts to remove firearms from the possession of those persons who should not have access to them. Congressman Goodlatte pointed out that the City has received some Federal assistance for mass transit, even though funding has declined. He stated that he sponsored the National Highway Safety Administration Bill which was passed at the last session of Congress that provided $200,000.00 for capital, and he will pursue 4 a proposal for additional funding for cities like Roanoke, Harrisonburg, and Lynchburg that operate a public transit service. In addition, he noted that the State received a large increase in Federal funding for transportation purposes, and during the last session of the Congress, Virginia's share of the Federal Highway Safety Trust Fund was increased by approximately 65 per cent, which funds are available for assisting with transit facilities and highways. In regard to misuse of firearms, Congressman Goodlatte advised that he supports present efforts and will support new efforts to keep firearms out of the possession of criminals, unsupervised children and others who have specific disabilities. He called attention to numerous current laws, and advised that the Commonwealth of Virginia pioneered the concept of a nation wide check system which has been in effect for approximately eight years, operational for about a year and will improve as computer systems in the various states improve, although the system is not utilized to its maximum potential. He explained that large numbers of persons have been found to have criminal convictions when they attempted to purchase firearms and were ruled ineligible, but no one has been convicted of the crime of attempting to purchase a firearm when they were under a felony conviction, and if several of those convictions were enforced in a high profile way, the number of persons who try to purchase firearms through the system would be decreased. He added that another problem is that some states are slow to report or do not report persons who are convicted of felonies. He stated that he voted for compromise legislation in the House of Representatives that would have called for a check system at gun shows, however, the lengthy waiting period set forth in the Senate version of the bill would have effectively eliminated gun shows as a means for law abiding persons to have a wide array of vendors from which to purchase firearms for hunting, personal events, gun collectors, etc. He spoke in support of having an instant check at gun shows, as opposed to a three to four day waiting period. Mr. Swain expressed concern with regard to exposed electrical wires in the Shaffers Crossing Underpass which could present a safety hazard, and water that seeps through the concrete could lead to deterioration of the metal. He advised that a stress test should be performed to assess the situation, and noted that the City has approached Norfolk Southern Corporation in regard to the concerns; however, Norfolk Southern states that funds are not included in its budget to address the matter. Mr. Swain called upon Congressman Goodlatte for assistance. Congressman Goodlatte advised of his willingness to work with officials of the City, Norfolk Southern and the Federal Railway Safety Administration to determine if action should be taken. He stated that he would discuss the matter with Norfolk Southern officials to determine if they are of the opinion that a safety hazard exists. 5 Mr. Trout advised that he serves as a member of the National League of Cities Community and Economic Development Policy Committee which is concerned about the proposed reduction of approximately 30 per cent in Community Development Block Grant finds. He explained that in 1982, the City of Roanoke realized that itwas the only major city in Virginia that owned no land for industrial parks or corporate centers; therefor, the City immediately developed an economic program to develop industrial parks and corporate centers and Roanoke's flagship park is its Centre for Industry and Technology. He stated that Roanoke's Industrial Centre has an investment of over $200 million and provides over 2,000 jobs and approximately $2 million in taxes to the City. He added that Roanoke's Industrial Development Centre was developed and graded with CDBG funds. He explained that along with the Roanoke Centre for Industry and Technology, four other industrial parks are almost complete, and if CDBG funds are cut, the City's economic development program would be drastically impacted. He called attention to funding for the West End Center project through CDBG funds, and last year the City appropriated $100,000.00 to the West End Center to purchase additional land. He requested Congressman Goodlatte's assistance for continued CDBG funding. Congressman Goodlatte advised that he would review the specifics of CDBG funding. In the past, he stated that he has supported the CDBG program because the block grant system provides local governments with the maximum amount of flexibility, and he has voted against past amendments that would have cut funding. Mr. Trout offered to provide Congressman Goodlatte with a tour of those facilities where CDBG funds have been used. The Acting City Manager encouraged continuation of CDBG funds which are crucial to the City's development. He expressed appreciation for Congressman Goodlatte's efforts to address issues of concern to the City and to its citizens. He asked that Congress continue to question the impact of Federal legislation on local government, both financially and operationally. Congressman Goodlatte advised that unfunded mandates are a continuing concern. He referred to legislation that was passed several years ago which makes it more difficult to impose new unfunded mandates by allowing any member of Congress to raise a point of order and to remove a portion of a large bill of legislation that may constitute an unfunded mandate. He stated that the legislation is required to be voted on separately which also allows local governments to rally their opposition. He added that he would like to review existing unfunded mandates with the ultimate goal of elimination or providing full funding. 6 The Director of Finance raised a question in regard to a moratorium on Internet sales tax; whereupon, Congressman Goodlatte advised that legislation was passed in 1998 that proposes a three year moratorium on new taxes on the Internet which is primarily directed at access charges. He explained that the existing sales tax and other forms of taxation that would apply in other areas also apply on the Internet. He advised that a nationwide commission was appointed, which is chaired by Governor Gilmore, to make recommendations to Congress next year on collecting taxes and providing an equitable tax system. The Mayor requested information with regard to AMTRAK, and advised that citizens of western Virginia are concerned about travel, the number of airline flights have increased by 600 per year, highways and airways are becoming more and more congested and America will be looking for alternative modes of transportation. He stated that AMTRAK's high speed rail service was proposed to start in December, but because of incomplete equipment, the date was changed to January, 2000, and within a year, it is hoped that the response to high speed rail service will be so favorable that more and more parts of America will want to provide the service. He inquired if Congressman Goodlatte supports AMTRAK and Federal funding for the Commonwealth of Virginia to provide passenger rail service. Congressman Goodlatte advised that he would favor reinstatement of passenger rail service to Virginia, and he has supported efforts to bring rail service from Richmond to Lynchburg to Roanoke to Abington. The Mayor requested that the City be provided with copy of any information that will be presented to Congress. There being no further business, the Mayor declared the meeting in recess at 1:55 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke, Virginia. At 2:00 p.m., on Tuesday, September 7, 1999, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson Harris, Carroll E. Swain, James O. Trout and Mayor David A. Bowers .................. 6. ABSENT: Council Member W. Alvin Hudson, Jr.- ....................................... 1. 7 OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. WATER RESOURCES-ACTS OF ACKNOWLEDGEMENT: The Mayor announced that an "Ecumenical Day of Prayer for Rain" will be held on Sunday, September 19, 1999, at 4:30 p.m., in the vicinity of Lee Plaza in downtown Roanoke. TOYS FOR TOTS-COUNCIL: The Mayor announced that the City of Roanoke/Marine Corp./Naval Reserves "Toys for Tots" softball game will be held on Friday, September 10, 1999, at 6:30 p.m., at Wasena Park Field No. 1. PRESENTATIONS: PROCLAMATIONS: The Mayor presented a proclamation declaring the month of September 1999 as Native American Month. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS: The Mayor presented a proclamation declaring Saturday, September 18, 1999, as Roanoke's Day of Kindness. (For full text, see Proclamation on file in the City Clerk's Office.) CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to four requests for a Closed Meeting to consult with legal counsel on two matters of probable litigation; to 8 ACTION: ACTION: consult with legal counsel on a specific legal matter requiring the provision of legal advice by counsel; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, June 7, and Monday, June 21, 1999, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) 9 ACTION: ACTION: CITY ATTORNEY: A report of the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Attorney to convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) CITY ATTORNEY: A report of the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Attorney to convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) 10 ACTION: ACTION: CITY ATTORNEY: A report of the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Attorney to convene in a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) BUDGET-CAPITAL IMPROVEMENTS PROGRAM-YOUTH CAMPS: A communication from Mayor David A. Bowers advising that Camp Virginia Jaycee has been in operation for approximately 30 years offering a much needed camp with the special mission of providing recreation for the mentally retarded in the Commonwealth of Virginia; millions of dollars are needed for improvements at the facility; and it is important for the City of Roanoke to participate in its five year Capital Improvement Program by making a contribution, was before Council. The Mayor requested that the matter be referred to 2000-2001 budget study and to the Capital Improvement Program for further review and consideration by the City administration and the Members of Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be referred to fiscal year 2000-2001 budget study and to the Capital Improvement Program for review and consideration. The motion was seconded by Mr. Swain and adopted by the following vote: 11 AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) BUDGET: A communication from Council MemberWilliam White, Sr., with regard to a recommendation from Mr. James Armstrong addressing fiscal issues that arise outside of the routine budget process, was before Council. ACTION: Mr. White requested that the item be removed from the Consent Agenda for discussion. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) (See page 15). BRIDGES-PUBLIC WORKS-STREETS AND ALLEYS: A report of the Acting City Manager with regard to repaving of Jefferson Street from Elm Avenue to Norfolk Avenue, was before Council. ACTION: Mr. White requested that the item be removed from the Consent Agenda for discussion. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) (See page 16). 12 ACTION: ACTION: PARKS AND RECREATION-PUBLIC WORKS-WEED ABATEMENT PROGRAM: A report of the Acting City Manager providing information on improving customer service relative to the City's weed abatement program, was before Council. Mr. White requested that the item be removed from the Consent Agenda for discussion. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) (See page 17). CITY EMPLOYEES-PENSIONS: A report of the Director of Finance with regard to the employer matching contribution to ICMA-RC for City employees, was before Council. Mr. White requested that the item be removed from the Consent Agenda for discussion. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) (See page 19). DIRECTOR OF FINANCE-CITY EMPLOYEES-PENSIONS: A report of the Director of Finance with regard to the City of Roanoke Pension Plan cost-of-living adjustment granted to City retirees, effective July 1, 1999, was before Council. Itwas advised that Council, on May 11, 1999, approved a two per cent cost-of-living adjustment (COLA) for eligible members of the City of Roanoke Pension Plan, pursuant to Ordinance No. 34279-051199; out 13 ACTION: of 1,305 retirees, 1,170 received this increase; retirees who retired on or before July 1, 1998, and qualified spouses were eligible; monthly increase in pensions for the COLA was $14,795.00, or $177,540.00 annually; and estimated cost of the increase is $1,700,000.00 based on current actuarial assumptions. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) CULTURAL SERVICES COMMITTEE-HUMAN DEVELOPMENT- ROANOKE ARTS COMMISSION-LIBRARIES-PENSIONS-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: George A. Kegley and Courtney A. Penn as members of the Cultural Services Committee for terms ending June 30, 20O0; Raleigh Campbell, Katherine M. McCain and Glenn D. Radcliffe as members of the Human Services Committee for terms ending June 30, 2000; Brook E. Dickson and Susan W. Jennings as members of the Roanoke Arts Commission for terms ending June 30, 2002; Gloria P. Manns for a term ending June 30, 2002, and Herbert D. McBride for a term ending June 30, 2001, as members of the Roanoke Public Library Board; and D. Elliott Bayer as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 14 ACTION: ACTION: Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) REGULAR AGENDA BUDGET: A communication from Council Member William White, Sr., advising that during the August 16 meeting of Council, Mr. James Armstrong, a citizen of Roanoke City, addressed the subject of fiscal issues that arise outside of the routine budget processes, in which he advised that the problem in approving funding requests outside of the normal annual budget process and the five-year capital projects plan is that decisions are made without consideration of other alternatives and/or priorities; and large sums of money appropriated in the last fiscal year outside the normal budget processes sets a precedent for those kinds of difficult decisions that Council has been called upon to address in recent time, was before the body. In his presentation, Mr. Armstrong pointed out that Council will continue to be faced with similar requests for such items to be provided outside of the budget processes and encouraged Council to refer those requests to the appropriate budget committee for report and recommendation, thus establishing a mechanism to address future funding requests. Council Member White advised that he concurred in Mr. Armstrong's comments and recommended that the City adhere to a practice of referring funding requests to the annual operating budget study or to capital budget study so that funding requests may be evaluated and prioritized along with all other funding needs. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation. The motion was seconded by Mr. Harris. 15 Mr. Swain spoke against the motion because citizens could perceive such action to mean that they cannot submit funding requests until the end of the fiscal year as a part of the budget study process. He stated that Council Members should be accessible to the citizens so that they may submit funding requests they deem appropriate at any time and Council Members should be in a position to address those requests. He advised that if Council adopts Mr. White's motion, the initiative of citizens will be curtailed and Council's prerogative to make decisions on a timely basis will be limited. Mr. White clarified that his motion does not preclude any citizen from submitting a funding request at any time during the year; however, the proposed policy would provide that all funding requests will be referred to budget study for evaluation and prioritization along with other requests. He stated that the proposed policy represents a systematic method of funding and providing fiscal responsibility, but does not preclude any person from submitting a funding request to Council. Mr. Trout spoke against the motion and referred to a report of the Acting City Manager which is included later on the agenda that recommends construction of a parking garage in the Greater Gainsboro area. Under Mr. White's motion, he inquired if funding for the parking garage would have to be referred to budget study and prioritized along with other funding requests. Following discussion, the motion was adopted by the following vote: AYES: Council Members Harris, Hud~or~, White, Wyatt and Mayor Bowers ............................................................................. 5. NAYS: Council Members Swain and Trout ............................. 2. BRIDGES-PUBLIC WORKS-STREETS AND ALLEYS: The Acting City Manager submitted a written report with regard to efforts to repave Jefferson Street in the downtown area, advising that the annual paving contract, which Council approved on May 3, 1999, included the necessary quantities to repave Jefferson Street from Elm Avenue to Norfolk Avenue in this year's paving program; at this time, it remains the City's intent to do so during the month of September; over the past few weeks a telecommunication company, known as Adelphia, had plans to install conduit in Jefferson Street to accommodate fiber optic 16 cable, and the City was delaying repaving until the project was complete; however, Adelphia has now decided not to place conduit in Jefferson Street, thereby allowing paving work to proceed. It was further advised that within the next few weeks, American Electric Power plans to replace the vault where a major fire occurred earlier this year; every effort is being made to coordinate this work with the repaving on Jefferson Street; and paving portions of two other downtown streets, Salem Avenue and Campbell Avenue, is now projected to occur during the year 2000 in conjunction with placement of new pavement markings that will change these streets for two-way travel. (For full text, see report on file in the City Clerk's Office.) The Mayor advised that he has received numerous comments by citizens regarding the condition of Jefferson Street from Elm Avenue to Norfolk Avenue, which led to a request for a status report by the Acting City Manager on the proposed repaving of Jefferson Street. Robert K. Bengtson, Acting Director of Public Works, advised that the condition of Jefferson Street from approximately Elm Avenue to Norfolk Avenue has deteriorated in recent years and more particularly in the past year due to the number of utility cuts for telecommunications lines that have been placed in the pavement of Jefferson Street. He stated that Jefferson Street is included in the street paving program for 1999 and will be paved over the next three Sundays. There was discussion in regard to addressing ways of preventing utility providers from tearing up the pavement once it has been repaved; whereupon, Ms. Wyatt requested that the City Attorney research the question of amending the City Code to require restoration of City streets to their original form by utility providers who tear up the pavement. Without objection by Council, the Mayor advised that the report would be received and filed. PARKS AND RECREATION-PUBLIC WORKS-WEED ABATEMENT PROGRAM: The Acting City Manager submitted a written report advising that during the June 7, 1999 Council meeting, Members of Council requested information on the weed abatement program relating 17 to improving customer service; recently several customer service improvements have been made to the weed abatement program; an effort to enhance customer service began with a June 1, 1999, meeting involving weed program staff and staff from the Office of Management and Budget and the Citizen Service Center; and at that meeting, it was decided that the following actions would be taken: Provide an additional $25,000.00 in funding for the weed abatement contractor funding to allow an additional 125 parcels to be mowed. Provide an additional $2,000.00 in overtime funding to be used by the City weed abatement crew to add working days and manpower as a supplement to current crew formation and work schedule. Employ a data entry clerk/typist to assist in answering of the telephone, and in the regular maintenance of customer service requests through the Respond! software system, which will ensure that a timely and accurate record of each request is tracked and completed; and a seasonal clerk/typist has been hired to perform these functions. Employ a seasonal weed inspector to eliminate the backlog of uninspected requests, to perform timely inspections of the properties, and to pro-actively canvas City neighborhoods for weed and trash violations. Consider enactment of revisions to the current weed ordinance that will further reduce the amount of time required to address citizen concerns about weed problems. It was further advised that the City has successfully completed all lots that are eligible to be cut each week since implementation of the above improvements; the average response time to weed complaints has dropped significantly from an average of 38 days to 22.4 days during the month of July; performance goal for the program is to have lots cut within 21 days of a citizen's call on 90 per cent of all complaints; ongoing action as part of this effort include finding ways to merge Respond!, CARAT, and the Weed System software information 18 ACTION: to avoid duplication of requests and to streamline office functions; and the City is committed to providing strict enforcement of the weed abatement ordinance, which is an ordinance that was enacted to protect the quality of life of Roanoke's citizens. (For full text, see report on file in the City Clerk's Office.) George C. Snead, Jr., Director, Public Safety, presented an oral briefing on the report. Without objection by Council, the Mayor advised that the report would be received and filed. BUDGET-CITY EMPLOYEES-PENSIONS: The Director of Finance submitted a written report advising that on May 11, 1999, Council authorized an increase from $10.00 to $15.00 per pay period employer match to the ICMA-RC on behalf of any non-temporary employee of the City who makes a contribution of an equal amount on their own behalf; whereupon, he transmitted statistics showing participation in the deferred compensation plan by salary range before and after the increase of an additional $5.00 per pay period employer matching contribution. (For full text, see report on file in the City Clerk's Office.) Council Member Swain requested information on the annual cost of providing a $15.00 contribution per pay period employer match to ICMA-RC on behalf of any non-temporary employee of the City who makes a contribution of an equal amount on their own behalf. He also requested that the matter be referred to fiscal year 2000-01 budget study for consideration in regard to placing a cap on the amount of contribution to be funded by the City. The Mayor advised that it was the consensus of Council that the report of the Director of Finance would be received and filed, that the Director of Finance be requested to respond to the above request for information by Council Member Swain; and that the matter be referred to 2000-01 budget study. CITY MANAGER-COUNCIL: Mr. Trout moved that Council convene in a Closed Meeting to interview candidates for the position of City Manager, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 19 AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: VIRGINIA AMATEUR SPORTS, INC./COMMONWEALTH GAMES: Peter R. Lampman, President, Virginia Amateur Sports, addressed Council in regard to the 1999 Commonwealth Games of Virginia. He advised that over 10,000 athletes participated in 43 sports, providing a total economic impact on the Roanoke Valley of $8,300,000.00. He presented the Mayor with a plaque in appreciation for contributions by the City of Roanoke. Without objection by Council, the Mayor advised that the remarks of Mr. Lampman would be received and filed. PETITIONS AND COMMUNICATIONS: POLICE DEPARTMENT-BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of the Department of Criminal Justice Services Grant for the Victim Witness Assistance Program, in the amount of $86,057.00, was before Council. It was advised that the Victim/Witness Program is designed to recognize and to address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support; a Roanoke City Victim/Witness/Juror Assistance Committee (RCVWJ) was appointed in the fall of 1983, composed of Judges and Clerks of Circuit Court, General District and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association; the Victim/Witness Assistance Program has been awarded a 12 month $86,057.00 grant (No. 00-F8554VW99) for July 1999 through June 2000; a local cash match of $25,671.00 is requested for a total grant budget of $111,728.00; the local cash match is equal to that 20 ACTION: of fiscal year 1998-99, and is included in the General Fund fiscal year 1999-2000 adopted budget in the Transfer to Grant Fund Account; and the Victim/Witness Program is coordinated by the Office of the Commonwealth's Attorney. The Commonwealth's Attorney recommended that Council authorize acceptance of, and participation in the Department of Criminal Justice Services Grant No. 00-F8554VW99 for the Victim/Witness Program, in the amount of $86,057.00, with the City providing a local cash match of $25,671.00 from funds provided in the Transfer to Grant Fund Account in the fiscal year 1999-2000 budget; authorize the Acting City Manager to execute all appropriate documents to obtain Grant No. 00-F8554VW99 and budget funding in the amount of $111,728.00 in revenue accounts to be established in the Grant Fund by the Director of Finance; transfer funding in the amount of $25,671.00 from Account No. 001-004-9310-9535 (General Fund -Transfer to Grant Fund) to the Grant Fund as the City's local cash match for the Victim/Witness Assistance Program; and appropriate funding in the amount of $111,728.00 to certain expenditure accounts. A report of the Acting City Manager recommending that Council concur in the request, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34454-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 177.) Mr. Trout moved the adoption of Ordinance No. 34454-090799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. 21 ACTION: (Council Member Hudson was absent.) Mr. Trout offered the following resolution: (#34455-090799) A RESOLUTION authorizing the acceptance of Grant No. 00-F8554VW99 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. (For full text of Resolution, see Resolution Book No. 62, page 179.) Mr. Trout moved the adoption of Resolution No. 34455-090799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: WATER RESOURCES: The Acting City Manager submitted a written report advising that the Water Conservation Plan approved by Council on June 7, 1999, will, as enacted, with civil penalties and water surcharges to be imposed should the level in Carvins Cove Reservoir reach a level of 30 feet below spillway overflow and lower; a new City utility billing system is being implemented so as to be Year 2000 compliant and to be more responsive to the needs of citizens; the new system is expected to go on line in mid September; the level of Carvins Cove Reservoir is expected to reach 30 feet below spillway overflow at the current rate of withdrawal on or before mid-September; and the tentative agreement with Roanoke County and the need to purchase 22 water from the County, the City of Salem, and the Town of Vinton will require the imposition of a City water rate increase to offset added expenses and lost revenue. It was further advised that the Water Conservation Plan requires even stronger mandatory water conservation measures should the water level reach 30 feet below spillway overflow or lower; water surcharge rates proposed in the Water Conservation Plan should be rescinded since a different rate structure will be recommended to offset the lost revenue and added expenses associated with various interconnections with other jurisdictions; civil penalties for inappropriate use of water should still be imposed, as previously approved, should the level in Carvins Cove Reservoir reach 30 feet below spillway overflow and lower; different restrictions are implemented under the Water Conservation Plan as the water level at Carvins Cove Reservoir reaches a certain level below the spillway overflow, referred to as conditions in the Plan; it is important that once a particular condition is reached, such condition and associated restrictions are maintained until the water level rises and stabilizes at a sufficient level above that condition to move up to the prior condition; and it should be confirmed that the City Manager, as part of his authority to implement, administer, and enforce the Plan, can decide when the restrictions associated with a particular condition should be changed. The Acting City Manager recommended that Council amend the June 7, 1999, Water Conservation Plan to rescind the imposition of the water surcharge rates that would take effect when the water level reaches 30 feet below Carvins Cove Reservoir spillway overflow and lower; and confirm that once a particular condition is reached, the City Manager may maintain the restrictions and provisions of that condition until the water level at Carvins Cove Reservoir has improved and stabilized to a sufficient level above that particular condition, as determined by the City Manager, before that particular condition will be determined to no longer be applicable and be lifted. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#34456-090799) AN ORDINANCE amending the Water Conservation Plan dated May 17, 1999, (Plan) adopted by this Council on June 7, 1999, by rescinding the provisions for imposing water 23 ACTION: surcharges contained in the Plan; confirming that the City Manager has the authority to maintain the restrictions and provisions of a particular condition under the Plan until the water level at Carvins Cove Reservoir has improved and stabilized to a sufficient level above that particular condition before lifting the restrictions and provisions of that condition; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 180.) Mr. Trout moved the adoption of Ordinance No. 34456-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) BUDGET-HOUSING/AUTHORITY-HIGHER EDUCATION CENTER: The Acting City Manager submitted a written report advising that in July 1997, Council supported the establishment of a Higher Education Fund with a pledge of $2.5 million from City funds to establish a Higher Education Center in downtown Roanoke; in December 1997, the Norfolk Southern Corporation donated its former headquarters building to the Roanoke Foundation for Downtown, Inc., to house the Roanoke Higher Education Center; in February 1998, the Virginia General Assembly provided $5,379,000.00 to renovate the building for the Higher Education Center; in May 1998, Council included $250,000.00 in the fiscal year 1998-99 General Fund Budget to provide funding to be used as dedicated debt service in support of the issuance of $2.5 million in general obligation bonds by the City; in July 1998, the Roanoke Higher Education Authority became effective and employed an architectural firm to prepare design and construction plans for the Center; and in January 1999, Governor Gilmore included an additional $3.6 million in the State budget to be used to renovate the Center, bringing total state funding for the Center to $8,979,000.00. It was further advised that the Roanoke Redevelopment and Housing Authority is to receive the proceeds of bonds sold by the City and to grant the proceeds to the Roanoke Higher Education Authority, pursuant to Section 36-49.7 of the State Code for improvement of the 24 Roanoke Higher Education Center on lands situated within the boundaries of a redevelopment project area; on May 3, 1999, Council authorized the City Clerk to advertise a public hearing to receive public input on the issuance of $2.5 million in bonds under the Public Finance Act of the Code of Virginia; and Council authorized the issuance of $2.5 million in general obligation bonds by the City and the granting of the proceeds to the Roanoke Redevelopment and Housing Authority for the purpose of fulfilling the commitment of Council to make such contribution to be used to renovate and to improve the Higher Education Center. ACTION: The Acting City Manager recommended that he be authorized to enter into an Agreement with the Roanoke Redevelopment and Housing Authority and the Roanoke Higher Education Authority to memorialize the terms and conditions by which funds, in the amount of $2.5 million, will be provided by the City to the Roanoke Redevelopment and Housing Authority to carry out its purpose related to the capital improvements of the Roanoke Higher Education Center, and, appropriate $2.5 million from future general obligation bond proceeds to Capital Account No. 020-002-8721-9060. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34457-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund and Higher Education Authority Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 182.) Mr. Trout moved the adoption of Ordinance No. 34457-090799. The motion was seconded by Mr. Swain. John S. Edwards, Chairman, Board of Trustees, Roanoke Higher Education Authority, expressed appreciation for the City's support of the Higher Education Center, and advised that the City's commitment of $2.5 million to renovate the building is essential for its success and will be added to the $9 million from the Commonwealth of Virginia, along with an anticipated $6 million in the form of historic tax credits. He also expressed appreciation for the City's commitment of $8 million 25 for parking and infrastructure improvements in and around the area, which are essential to proceed with plans for the Higher Education Center and other important projects presently under consideration in the downtown north area. ACTION: Ordinance No. 34457-090799 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) Mr. Trout offered the following emergency ordinance: (#34458-090799) AN ORDINANCE authorizing an agreement with the Roanoke Higher Education Authority and the Roanoke Redevelopment and Housing Authority to provide for certain funds to be granted by the City for renovation and improvement of the former Norfolk and Western Headquarters Building North for the purpose of establishing the Roanoke Higher Education Center; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 183.) Mr. Trout moved the adoption of Ordinance No. 34458-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) HOUSING/AUTHORITY-COMMUNITY PLANNING: The Acting City Manager submitted a written report advising that the City of Roanoke receives entitlement funds each year under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U. S. Department of Housing and Urban Development (HUD); and for nearly a decade, Blue Ridge Housing 26 Development Corporation (BRHDC) has received HUD and other funding to conduct housing and community development projects in the City of Roanoke. It was further advised that Council authorized $115,000.00 in CDBG and HOME funds for BRHDC as part of the Consolidated Plan Annual Update (Annual Update) approved for submission to HUD on May 11, 1998, pursuant to Resolution No. 33830-051198; these funds were to assist BRHDC's "Loudon-Melrose Community Rebuilding" and "SRO Repair" projects involving construction of two new houses, rehabilitation of three owner-occupied houses and limited, critical repairs to three single-room-occupancy (SRO) facilities; Council approved an additional $60,000.00 in CDBG funding for BRHDC as part of Resolution No. 34066-110298 and Ordinance No. 34065-110298, which authorized execution of the 1998-99 agreement with BRHDC to implement the above-referenced projects; the additional funding enabled BRHDC to purchase properties for transfer to Habitat for Humanity in the Roanoke Valley, Inc; Habitat will use these properties to construct affordable housing in various areas of the City, which approach was taken to provide an alternative to Habitat's earlier intent to construct 34 houses in the "Westview Terrace" area; and the BRHDC agreement specifies that funds will be added in subsequent years until a total of 32 properties have been purchased and transferred to Habitat. It was explained that BRHDC purchased and transferred the first eight properties to Habitat during the 1998-99 period, as provided for under the agreement; and Council authorized $66,500.00 in CDBG and HOME funding for BRHDC as part of the Consolidated Plan Annual Update approved for submission to HUD on May 11, 1999, pursuant to Resolution No. 34281-051199. The Acting City Manager recommended that he be authorized to execute Amendment No. 1 to the 1998-99 Blue Ridge Housing Development Corporation Subgrant Agreement, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 27 ACTION: (#34459-090799) A RESOLUTION authorizing execution of Amendment No. 1 to a Subgrant Agreement between the City and the Blue Ridge Housing Development Corporation, dated November 2, 1998, for funding to conduct additional housing and community development projects in the City. (For full text of Resolution, see Resolution Book No. 62, page 184.) Mr. Trout moved the adoption of Resolution No. 34459-090799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) The Mayor requested that the Director of Real Estate Valuation provide information on the number of lots and the amount of acreage owned by the City, or under escheat, that could be conveyed to non- profit organizations (Habitat for Humanity, Blue Ridge Housing Development Corporation, Christmas in April, etc.) for construction of housing in the City of Roanoke. BUDGET-PARKS AND RECREATION-CITY SHERIFF-JUVENILE CORRECTIONAL FACILITIES: The Acting City Manager submitted a written report advising that Council appropriated funding, in the amount of $8,534,799.00, for the City Jail with adoption of the fiscal year 1998-99 General Fund Budget; the City of Roanoke receives revenue from the United States Department of Agriculture (USDA) for food service expenditures at the Juvenile Detention Home, Youth Haven, and Crisis Intervention Center; Council appropriated $53,700.00 from the Capital Maintenance and Equipment Replacement Program (CMERP) in fiscal year 1997-98 for improvements at Mill Mountain Zoo for construction costs associated with animal exhibits and to provide for perimeter fencing that would expand the zoo area; and a portion of the funds remained unobligated at the close of fiscal year 1998-99. It was further advised that funding, in the amount of $6,500.00, for the City Jail was unobligated at the close of fiscal year 1998-99; the unobligated funds need to be reappropriated for the purchase of bullet 28 ACTION: proof vests for the protection of deputy sheriffs who perform judicial document services and transport inmates; funding was not obligated at the close of fiscal year 1998-99 because the Sheriff's Office needed approval for matching funds from the Bullet Proof Vest Program administered by the U. S. Department of Justice; USDA revenue exceeded USDA expenditures, in the amount of $882.00, for the Juvenile Detention Center for fiscal year 1998-99 and $936.00 for the Crisis Intervention Center; USDA revenue must be used for eligible USDA expenditures; unused funding needs to be reappropriated to fiscal year 1999-2000; funding in the amount of $16,081.00 for Mill Mountain Zoo was unobligated at the close of fiscal year 1998-99; and unobligated funds need to be reappropriated to fiscal year 1999-2000 to provide funding for costs associated with the construction of animal exhibit pens at the Mill Mountain Zoo. The Acting City Manager recommended that Council appropriate funds in the amount of $24,399.00, from the year-end fund balance (CMERP) to the following accounts: 001-024-3310-2035 001-054-3320-3000 001-054-3360-3000 001-002-7220-3701 Expendable Equipment USDA - Juvenile Detention USDA - Crisis Intervention Mill Mountain Zoo Total $ 6,500.00 882.00 936.00 16,081.00 $24,399.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34460-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 185.) Mr. Trout moved the adoption of Ordinance No. 34460-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. 29 ACTION: (Council Member Hudson was absent.) BUDGET-FLOOD REDUCTION/CONTROL: The Acting City Manager submitted a written report advising that a $7.5 million bond referendum was passed in 1989 to provide partial funding for the Roanoke River Flood Reduction project, and a utility tax was established to pay the debt service for the bond; a Local Cooperation Agreement (LCA) was executed with the U. S. Army Corps of Engineers on June 25, 1990, to construct the project; a commitment to fund under the LCA was a five per cent local cash match for the project and construction costs, 100 per cent for lands and easements, 100 per cent for relocation costs, and 50 per cent for the recreation trail; and $808,000.00 was included in Transfers to Capital Projects Fund as part of the approved General Fund budget for fiscal year 2000 in support of the project. The Acting City Manager recommended that Council transfer $808,000.00 from General Fund Account No. 001-004-9310-9508 to the Capital Projects Fund, and appropriate the same in Capital Projects Fund Account No. 008-056-9620-9003, Roanoke River Flood Reduction. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34461-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 186.) Mr. Trout moved the adoption of Ordinance No. 34461-090799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) 30 The Mayor questioned whether the City is monitoring usage of the Roanoke River; whereupon, the matter was referred to the Acting City Manager for appropriate response. BUDGET-MAPS-CITY MAPPING PROGRAM-PUBLIC WORKS: The Acting City Manager submitted a written report advising that Council authorized execution of an agreement with the U. S. Army Corps of Engineers at its meeting on June 12, 1995; the agreement provided for preparation of topographic and orthophoto maps of the City under the Planning Assistance to States Program; Council authorized agreement for the second phase of the project at its meeting on April 21, 1997; the Planning Assistance to States Program provides for Federal matching funds to help localities support mapping and flood planning activities; and the City provided a total of $200,000.00 in funding in fiscal year 1995-96 and fiscal year 1998-99 to support the project which amount has been matched with Federal funding. It was further advised that the Corps of Engineers' consultant has identified technical problems that may affect the accuracy of maps produced by the project; additional work is needed to fully identify the source of map errors and to develop appropriate solutions; an amendment to the agreement between the Corps of Engineers and the City is needed to authorize additional work; the cost of additional work is to be shared between the City of Roanoke, Roanoke County and the Corps of Engineers; the Corps of Engineers will assume 50 per cent of the cost, with the remaining 50 per cent shared equally by the City of Roanoke and Roanoke County; and maximum City financial liability under the proposed agreement amendment is $25,000.00. The Acting City Manager recommended that Council appropriate $6,250.00 from Water Fund prior year retained earnings to Account No. 002-056-2178-9041, Corps of Engineers Mapping Project, $6,250.00 from Sewer Fund prior year retained earnings to Account No. 003-056-3715- 9041, Corps of Engineers Mapping Project, and appropriate $12,500.00 from fiscal year 1998-99 Capital Maintenance and Equipment Replacement Fund to Account No. 008-056-9654-9003, Corps of Engineers' Mapping Project. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 31 ACTION: (#34462-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund, Water Fund, Sewage Treatment Fund and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 187.) Mr. Trout moved the adoption of Ordinance No. 34462-090799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) PURCHASE/SALE OF PROPERTY-CITY EMPLOYEES- JEFFERSON CENTER: The Acting City Manager submitted a written report advising that in September 1994, a plan was developed to address the Jefferson Center parking needs and Employee Parking recommendations; in December 1994, Council approved transfer of funds to allow acquisition of property; and 11 parcels of land were acquired; three parcels, located in the 400 block of Luck Avenue, S. W., Official Tax Nos. 1012408, 1012407 and a portion of 1012406, were identified as possible sites for acquisition to implement Phase I (property acquisition) of the Parking Project; and the owner has resubdivided the property to more accurately reflect the area that the City will acquire, which is shown as "Tract B" containing 20,715 square feet, more or less. It was further advised that pursuant to Ordinance No. 34324- 060799, Council authorized acquisition of the property; the Council report and Ordinance that was adopted authorized the purchase of Official Tax No. 1012408 (5,411.5 square feet), Official Tax No. 1012407 (5,448.5 square feet), and a 22,800 square foot portion of Official Tax No. 1012406, was incorrect and should have identified the aggregate amount of land to be purchased as 22,800 square feet, more or less; and a survey of the property in connection with preparation of the resubdivision plat revealed that the entire property to be acquired by the City contains only 20,7t5 square feet, more or less, plus an access easement area of 2,993 square feet, more or less, which is needed to provide access to "Tract B"~ 32 ACTION: The Acting City Manager recommended that Council authorize acquisition of the property in the 400 block of Luck Avenue, S. W., Official Tax Nos. 1012408, 1012407, and a portion of 1012406, shown as "Tract B" on the resubdivision plat containing 20,715 square feet, more or less, plus an access easement of approximately 2,993 square feet, more or less, by negotiation or eminent domain, for the amount of $140,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#34463) AN ORDINANCE providing for the acquisition for the Employee/Jefferson Center Parking Project of property located in the 400 block of Luck Avenue, S. W., and identified by Roanoke City Tax Map Nos. 1012408, 1012407, and a portion of Official Tax No. 1012406, along with an access easement across a portion of Official Tax No. 1012406; authorizing the proper City officials to execute and attest any necessary documents for this acquisition; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 223.) The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Swain and Trout ........ -4. NAYS: Mayor Bowers and Council Member Wyatt ................... 2. (Council Member Hudson was absent.) CONDEMNATION PROCEEDINGS-RAILSIDE LINEAR WALK: The Acting City Manager submitted a written report advising that Council authorized acquisition of the necessary property rights for Railside Linear Park, Phase I, by negotiation or eminent domain on October 7, 1996, pursuant to Ordinance No. 33148-100796; and the project will enhance the public's accessibility to downtown attractions by providing a connection between the market area and the Transportation Museum. 33 ACTION: It was further advised that deeds have been recorded for the necessary property rights on eight parcels; negotiations with the owners of the remaining three parcels have not been successful; two of the parcels (Official Tax Nos. 1010306 & 1010307) are owned by Mr. Robert E. 7immerman, et ux., the other parcel (Official Tax No. 1010304) is owned by Mr. James D. Leonard, et ux.; both property owners have made a claim to property at the rear of their buildings, which was thought to be owned by Norfolk Southern Corporation; Norfolk Southern has conveyed to the City, by quitclaim deed, any interest it may have had in the property behind Warehouse Row; current plans for the project include paving the area behind Warehouse Row to provide public street access to the rear of the buildings which will be restricted by construction of the walkway on the front; and authority to condemn property rights atthe rear of Warehouse Rowwas not specifically included in previous reports because the property was thought to be owned by Norfolk Southern Corporation. The Acting City Manager recommended that he be authorized to take appropriate action to acquire all property rights necessary for construction of the project, in a form to be approved by the City Attorney; and said property rights may be acquired by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#34464-090799) AN ORDINANCE authorizing the proper City officials to take appropriate action for the acquisition of certain property rights needed by the City for the Railside Linear Walk - Phase I Project; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 189.) Mr. Trout moved the adoption of Ordinance No. 34464-090799. The motion was seconded by Mr. Swain. 34 Mr. James Leonard, 1935 Hope Road, S. W., referred to the P. L. Terry Subdivision plat map which states that the street is dedicated to the public on the condition that the right of eminent domain shall not be exercised for street widening purposes and this provision has been on record for 100 years. He advised that the ordinance before Council contains wording that will authorize the City Manager to use the right of eminent domain and condemnation proceedings to acquire property rights and requested elimination of that provision from the ordinance. Ordinance No. 34464-090799 was adopted by the following vote: AYES: Council Members White, Harris, Swain, Trout and Mayor Bowers ............................................................................ 5. NAYS: Council MemberWyatt- .............................................. 1. (Council Member Hudson was absent.) Ms. Wyatt advised that she supports the Railside Linear Walk project; however, she is of the opinion that the City of Roanoke should not condemn property unless the project will be of benefit to the entire community. WATER RESOURCES: The Acting City Manager submitted a written report in connection with upgrade and expansion of the Water Pollution Control Plant to 62 million gallons treatment capacity per day, advising that the contractor for the project is Danis Environmental Industries, Inc.; total amount of Change Order No. 8 is $27,256.00; and Malcolm Pirnie, Inc., and Mattern and Craig, Inc., engineers for the project, have reviewed and recommended the changes to the City of Roanoke for payment. The Acting City Manager recommended that he be authorized to issue Change Order No. 8 to the contract dated September 18, 1997, with Danis Environmental Industries, Inc., for upgrade and expansion of the Water Pollution Control Plant, in the amount of $27,256.00 and no change in contract completion time, for a total contract amount of $17,110,796.00, with the completion date remaining November 12, 1999; and proportional share to each jurisdiction would be as follows: City of Roanoke 37.3% $10,166.49 County of Roanoke 29.2% 7,958.75 City of Salem 20.9% 5,696.50 35 ACTION: County of Botetourt 7.0% $ 1,907.92 Town of Vinton 5.6% 1,526.34 Total of Change Order No. 8 100% $27,256.00 Amount of contingency fund remaining is $951,736.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#34465-090799) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 8 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 191.) Mr. Trout moved the adoption of Ordinance No. 34465-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) BUDGET-HUMAN DEVELOPMENT: The Acting City Manager submitted a written report advising that the Virginia Department of Social Services has allocated funding to local departments of Social Services for child care quality initiative programs; funds are for the purpose of implementation of initiatives to develop, enhance, and strengthen the quality of care delivered to children; and the Roanoke City Department of Social Services submitted a local plan requesting funding in the amount of $35,000.00. It was further advised that the Virginia Department of Social Services (VADSS) has approved Roanoke City's local Child Care Quality Initiative Plan and allocated funding in the amount of $35,000.00, which funds do not require a local match. 36 The Acting City Manager recommended that Council appropriate $35,000.00 to Child Care Quality Initiative, Account No. 001-054-5314- 3156, in order to implement the local Child Care Quality Initiative Program; and increase the General Fund Revenue estimate by $35,000.00 in Child Care Quality Initiative, Account No. 001-020-1234- 0700. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34466-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 191.) ACTION: Mr. Trout moved the adoption of Ordinance No. 34466-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT: The Acting City Manager submitted a written report advising that the Roanoke City Department of Social Services and the State Health Department entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be placed at the Roanoke City Health Department to insure that all citizens have an opportunity to apply for Medicaid; the Agreement remains in effect until modified by mutual consent or operation of law; the service has been in operation for five years, and each year, the Health Department and the Social Services Department review the effectiveness of the program. Itwas further advised that the Roanoke City Department of Social Services has employed and will continue to train and to supervise a worker located at the Health Department to execute applications for 37 ACTION: Medicaid; the Outstationed Eligibility Worker currently attends six clinic programs to take applications, determines eligibility, carries an ongoing caseload of 125, and serves as a resource for Medicaid billing issues; and the Roanoke City Health Department is satisfied with the results of having an eligibility worker on location and wishes to continue the service. The Acting City Manager recommended that he be authorized to continue the services of the Outstationed Eligibility Worker at the Health Department; and that Council appropriate $30,451.00 for fiscal year 1999-2000 to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance. Salary $24,140.00 ICMA 2,173.00 ICMA Match 390.00 FICA 1,847.00 Health Insurance 1,656.00 Dental Insurance 185.00 Disability Insurance 60.00 $30,451.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34467-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 192.) Mr. Trout moved the adoption of Ordinance No. 34467-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) 38 Mr. Trout offered the following resolution: (#34468-090799) A RESOLUTION authorizing the City Manager to continue the services of the Outstationed Eligibility Worker at the Roanoke City Health Department, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 194.) ACTION: Mr. Trout moved the adoption of Resolution No. 34468-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) BONDS/BOND ISSUES-BUDGET-LIBRARIES: The Acting City Manager submitted a written report advising that the Roanoke City Public Library made computers available for the public to access the Internet beginning in August 1998; the library staff developed and recommended an acceptable use policy for the Internet to the Roanoke City Public Library Board in August 1998; Library Board approved an acceptable use policy for the Internet in August 1998; the General Assembly of Virginia approved an amendment to the Code of Virginia by the additional Section 42.1-36.1, "Power and duty of library boards and certain governing bodies regarding acceptable Internet use policies"; library staff developed and recommended a revised acceptable use policy for the Internet to the Library Board in May 1999; and the Library Board approved a revised acceptable use policy for the Internet in May 1999. It was further advised that Section 42.1-36.1, Code of Virginia, 1950, as amended, states, in part: "On or before December 1, 1999, and biennially thereafter, (i) every library board established pursuant to section 42.1-35 or (ii) the governing body of any county, city, or town which, pursuant to section 42.1-36, has not established a library board pursuant to section 42.1-35, shall file with the Librarian of Virginia an acceptable use policy for the... Internet."; and Roanoke City Public 39 Library Board was not established pursuant to Section 42.1-35; therefore, Roanoke City Council, as the governing body of the City of Roanoke, is responsible for filing an acceptable use policy for the Internet with the Librarian of Virginia. The Acting City Manager recommended that he be authorized to file by December 1, 1999, with the Librarian of Virginia, as the required acceptable use policy for the Internet, the policy approved by the Roanoke City Public Library Board on May 20, 1999. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34469-090799) A RESOLUTION authorizing the City Manager to file with the Librarian of Virginia the Roanoke City Public Library's Internet Acceptable Use Policy, as approved by the Library Board on May 20, 1999, in fulfillment of the requirements of Section 42.1-36.1, Code of Virginia. (For full text of Resolution, see Resolution Book No. 62, page 195.) ACTION: Mr. Trout moved the adoption of Resolution No. 34469-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) Council Member Wyatt clarified her previous request as presented at the July 19, 1999 meeting of Council; whereupon, she requested that the Acting City Manager review the overall needs of not only the City's main library, but the entire library system, along with associated costs, and recommend a systematic funding approach for consideration by Council during fiscal year 2000-01 budget study. BUDGET-FDETC: The Acting City Manager submitted a written report advising that the Fifth District Employment and Training Consortium (FDETC) administers the Federally funded Job Training 4O Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves eligible residents in the counties of Alleghany, Botetourt, Craig and Roanoke, as well as the cities of Clifton Forge, Covington, Roanoke and Salem; the FDETC serves two primary client populations which include dislocated workers and the economically disadvantaged; the City of Roanoke is the grant recipient for FDETC funding; and Council must appropriate the funding for all grants and other monies the FDETC receives. It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award for programs which include on-the-job training, work experience, occupational skills training, classroom training, job placement activities, and remedial education in the following amount: Opportunity Knocks - $97,840.00 - Notice of Award. The Acting City Manager recommended that Council appropriate FDETC funding totaling $97,840.00 and increase the revenue estimate by $97,840.00 in accounts to be established in the Consortium Fund by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34470-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 196.) ACTION: Mr. Trout moved the adoption of Ordinance No. 34470-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) 41 ACTION: BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH: The Acting City Manager submitted a written report advising that the City's Office on Youth submitted a grant proposal to the Department of Criminal Justice Services under the grant program of an accountability-based supplement; the purpose of the grant is to develop and implement a formal counseling program based in the Noel C. Taylor Learning Academy; the program will continue as intervention strategies which will be family centered, not just youth focused; the grant proposal was submitted to the Department of Criminal Justice Services in August of 1998 in the amount of $35,000.00; the grant does not require a local match; and the Office on Youth will serve as administrator of the grant. It was further advised that the City of Roanoke was notified in July 1999 of the grant award, in the amount of $35,000.00, to continue the program; and formal acceptance of the grant is required to obtain funding to continue the program. The Acting City Manager recommended that Council accept the grant award, in the amount of $35,000.00, from the Department of Criminal Justice Services; authorize the Acting City Manager, or his designee, to execute the grant agreement; and appropriate $35,000.00 in State grant funds and establish a corresponding revenue estimate in a grant fund account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34471-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance9 see Ordinance Book No. 62, page 197.) Mr. Trout moved the adoption of Ordinance No. 34471-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. 42 ACTION: (Council Member Hudson was absent.) Mr. Trout offered the following resolution: (#34472-090799) A RESOLUTION authorizing acceptance of a grant from the Department of Criminal Justice Services on behalf of the City to develop and implement a formal, family centered counseling program based in the Noel C. Taylor Learning Academy, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 62, page 198.) Mr. Trout moved the adoption of Resolution No. 34472-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) BLUE RIDGE COMMUNITY SERVICES: The Acting City Manager submitted a written report advising that the 1998 General Assembly passed HB428 which amended and reenacted sections of the Code of Virginia relating to local roles and responsibilities for mental health, mental retardation, and substance abuse services; Sections 37.1-194 of the Code of Virginia, 1950, as amended, requires every locality to establish a community services board (CSB); to oversee the delivery of mental health, mental retardation and substance abuse services; Blue Ridge Community Services (BRCS) provides mental health, mental retardation, and substance abuse services to the Cities of Roanoke and Salem and the Counties of Craig, Botetourt, and Roanoke; funding is shared by the Commonwealth of Virginia and individual localities; and the City of Roanoke appropriated $378,357.00 as local match for Blue Ridge Community Services in the 1999-2000 fiscal year budget. It was further advised that Blue Ridge Community Services has submitted the Fiscal Year 2000 Community Services Perform;tnce Contract, in accordance with the Code of Virginia, Title 37.1, to ensure 43 ACTION: the delivery of publicly funded services and support to citizens of the Commonwealth of Virginia with mental illness, mental retardation, or substance abuse; services are to be directly or by contract through the operating board of the Community Services Board; a state work group comprised of executive directors for Community Service Boards, local government attorneys and representatives of local governments has been meeting with the Commissioner of the Department of Mental Health, Mental Retardation, and Substance Abuse Services to discuss and to negotiate amendments to sections of the contract that would shift more responsibility to localities from the State to fund services; the work group will continue to meet to finalize the 2001 performance contract which will initiate a process for penalties and sanctions for non-compliance with the terms of the contract for service delivery; and the fiscal year 2000 performance contract carries no penalties or sanctions. The Acting City Manager recommended that Council adopt a measure approving the 1999-2000 performance contract and authorizing the Acting City Manager to execute any required documents to enter into the Performance Contract with the Blue Ridge Community Services Board. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34473-090799) A RESOLUTION approving and authorizing the execution of the Blue Ridge Community Services FY 2000 Performance Contract, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 199.) Mr. Trout moved the adoption of Resolution No. 34473-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Swain, Trout and Mayor Bowers ...................................................................................... -4. NAYS: Council Members White and Wyatt .............................. 2. (Council Member Hudson was absent.) 44 FDETC: The Acting City Manager submitted a written report advising that Federally funded workforce development programs are usually overhauled every 10 to 15 years; and legislation passed in August 1998 requires the closeout of the Job Training Partnership Act and implementation of the new Workforce Investment Act by no later than July 1, 2000. It was further advised that in compliance with the Workforce Investment Act (WIA), Virginia has established a statewide workforce investment board, known as the Virginia Workforce Council; the board will have the responsibility of developing a five year workforce development plan for the Commonwealth of Virginia, with input from localities; the Virginia Employment Commission has been named as the state agency to staffthe Workforce Council and to serve as fiscal agent for WIA monies; another role of the Virginia Workforce Council is to assist the Governor in designating regional workforce investment areas; the FDETC Policy Board and the Private Industry Council approved establishment of a Workforce Investment Act Ad Hoc Committee composed of members from both bodies; the committee, established in December 1998, was charged with the responsibility of reviewing WIA legislation and developing preliminary transition plans, to include a recommendation for designation ofa workforce investment area; to accomplish its task, the committee has been working with Corporation for a Skilled Workforce and membership has expanded to include other stakeholders, such as the Fifth Planning District Commission, Roanoke Regional Chamber of Commerce and the Alleghany Highlands Chamber of Commerce; and at its August 20, 1999 meeting, the FDETC Policy Board voted to accept the recommendation of the Ad Hoc Committee to request temporary designation of the existing service area as the region's workforce investment area, and to maintain the Fifth District Employment and Training Consortium as the administrative entity and the City of Roanoke as the fiscal agent. The Acting City Manager recommended that Council authorize temporary designation of the existing service delivery area (the Fifth Planning District) as the region's workforce investment area, and maintain the Fifth District Employment and Training Consortium as the administrative entity and the City of Roanoke as the fiscal agent; and further authorize submission of a request for a smaller workforce investment area, should any member jurisdiction opt to withdraw. (For full text, see report on file in the City Clerk's Office.) 45 ACTION: ACTION: Mr. Trout offered the following resolution: (#34474-090799) A RESOLUTION concurring in the recommendation of the Workforce Investment Act Ad Hoc Committee as approved by the Fifth District Employment and Training Consortium (FDETC) Policy Board on August 20, 1999. (For full text of Resolution, see Resolution Book No. 62, page 200.) Mr. Trout moved the adoption of Resolution No. 34474-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of July, 1999. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. DIRECTOR OF FINANCE-DEBT POLICY: The Director of Finance submitted a written report advising that the Government Finance Officers Association has a number of Recommended Practices, one of which is the development of a debt policy that establishes parameters to help manage the debt program, which practice is also recommended by bond rating agencies. It was further advised that the City does not have an official debt policy adopted by Council; since City staffwill be making presentations to rating agencies and issuing bonds in the near future, it is timely that the City adopt a debt policy; a recommended debt policy is transmitted for consideration, which establishes guidelines for management of the 46 ACTION: City's debt program; and includes topics such as guidelines for issuance of debt, types of debt that may be issued, debt limitations and reservation of funds to pay debt service in times of financial instability; the proposed policy has been reviewed and received concurrence from the City's financial advisor and will be included in the City's presentation to bond rating agencies later this month, if approved by Council. The Director of Finance recommended that Council approve the proposed debt policy. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34475-090799) A RESOLUTION approving and adopting a Debt Policy for the City of Roanoke. (For full text of Resolution, see Resolution Book No. 62, page 201.) Mr. Trout moved the adoption of Resolution No. 34475-090799. The motion was seconded by Mr. White. In regard to guidelines for the proposed Debt Policy, Mr. White suggested that the first guideline begin with the following wording, "Based upon citizen participation, the City will prepare and update annually a five year Capital Improvement Program (CIP) to be approved by City Council." The Director of Finance advised that the above suggested modification will be incorporated in the proposed Debt Policy. Resolution No. 34475-090799 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) BONDS/BOND ISSUES-HOUSING/AUTHORITY-HIGHER EDUCATION CENTER: The Director of Finance submitted a written report advising that the citizens of Roanoke approved a $39,030,000.00 47 General Obligation Public Improvement Bond Issue on November 4, 1997; one third of that amount, $13,010,000.00, was issued as the 1997A General Obligation Bond issue and the remaining $26,020,000.00 remains to be issued; on April 19, 1999, Council adopted Resolution No. 34255-041999 authorizing issuance $7,600,000.00 in General Obligation Bonds, pursuant to the Public Finance Act of 1991 of the Code of Virginia (Chapter 26, Title 15.2) for the purpose of providing funds to pay the costs of economic development projects of and for the City; and on June 21, 1999, Council adopted Resolution No. 34362- 062199 authorizing issuance of $2,500,000.00 in General Obligation Bonds, pursuant to the Public Finance Act of 1991 of the Code of Virginia (Chapter 26, Title 15.2) for the purpose of providing funds which are to be granted by the City to the Roanoke Redevelopment and Housing Authority to assist the Authority in paying a portion of the costs of the redevelopment project for the proposed Roanoke Higher Education Center. It was further advised that the City will request public bids on a total bond issue of $36,120,000.00 on October 6 or 7, 1999, which issue will consist of the following: Series 1999A Bonds Series 1999B Bonds Total $26,020,000.00 10,100,000.00 $36,120,000.00 It was explained that due to the varying interest rates bid throughout the life of the bond issues, the bond maturity schedule and interest rates must be provided to the City's financial advisors, Branch Banking and Capital Markets (BB&T), to compute overall net interest costs; it is proposed to use the same procedure that was used in the past two bond issuances whereby bids will be delivered to BB&T's Richmond office and BB&T, with oversight of certain City representatives, will open and compute the overall interest rate on the bids for purchase of the bonds; BB&T would then review the bids with City representatives and recommend acceptance of the lowest responsive bid; and City representatives would accept the lowest bid, with a follow up communication to Council summarizing the bids and acceptance of the bid with the lowest net interest amount. The Director of Finance recommended that Council adopt a resolution authorizing issuance of $36,120,000.00 of General Obligation Bonds and authorizing the Acting City Manager and the Director of Finance to award the winning bid and to affix the interest rates to be borne by the bonds. (For full text, see report on file in the City Clerk's Office.) 48 ACTION: Mr. 'Trout offered the following resolution: (#34476-090799) A RESOLUTION authorizing the sale of not to exceed twenty-six million twenty thousand dollars ($26,020,000.00) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1999A, and not to exceed ten million one hundred thousand dollars ($10,100,000.00) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1999B, as part of a combined issue of not to exceed thirty-six million one hundred twenty thousand dollars ($36,120,000.00) aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia; fixing the form, denomination and certain other details of such bonds and delegating to the City Manager and the Director of Finance certain powers with respect thereto; authorizing the preparation of a preliminary official statement and an official statement and the distribution thereof; and authorizing such City to execute and deliver a continuing disclosure certificate of such City relating to such bonds. (For full text of Resolution, see Resolution Book No. 62, page 202.) Mr. Trout moved the adoption of Resolution No. 34476-090799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) BUDGET-JUVENILE CORRECTIONAL FACILITIES: The Director of Finance submitted a written report advising that the Roanoke Valley Detention Commission (the Commission) was established by the Cities of Salem and Roanoke, and the Counties of Botetourt, Franklin and Roanoke; the Commission was created to renovate and to construct an addition to the existing City Detention Center to increase the rated capacity to an 81 bed facility and to equip, maintain and operate the Center; Council appointed Glenn D. Radcliffe, Director of Human Development, and Jesse A. Hall, Deputy Director of Finance, as the City's representatives to the Commission; and the Director of Finance was authorized to serve as temporary fiscal agent for the Commission. 49 ACTION: It was further advised that the Service Agreement signed by the member jurisdictions to establish the Detention Commission provided that the Commission was to purchase the existing Detention Center real property and equipment, which has been accomplished; the City of Roanoke will continue to administer and to operate the facility until phase one, or 58 beds, of the renovation is completed in approximately May, 2000; construction began in May, 1999 and is slightly ahead of schedule due to no weather related down time; the Commission secured a $4.2 million bank note in December 1998 to serve as interim financing to pay for design and startup costs; the note was secured at a very favorable interest rate of 3.68 per cent; the amount of the note is the approximate amount of the State share of the project and will be repaid with proceeds of State reimbursement upon completion of the project; the Commission issued $6.4 million often-year maturity bonds to serve as permanent financing for the project; the bonds were also issued at a favorable interest rate of 4.93 per cent; and proceeds of the $6.4 million bond issue must be appropriated by the City, as fiscal agent, in order to pay expenses authorized by the Commission. The Director of Finance recommended that Council adopt an ordinance appropriating $6.4 million to accounts established in the Roanoke Valley Detention Commission agency fund. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34477-090799) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Juvenile Detention Commission Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 220.) Mr. Trout moved the adoption of Ordinance No. 34477-090799. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) 5O REPORTS OF COMMITTEES: PARKS AND RECREATION: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for Mill Mountain Park improvements. It was advised that the project consists of the following: A new Visitor's Center (2,100 square feet), featuring the rustic and airy look of the Blue Ridge Parkway and containing office and exhibit space for visitor reception and an introduction to the Roanoke Valley; A new picnic shelter (1,500 square feet), featuring a rustic Parkway look and a flagstone floor; Two playground areas located near the picnic shelter and providing room for playground equipment to be installed by Parks and Recreation; A new base for the entrance sign; A new park access gate; Miscellaneous site grading to complement other new facilities. The Bid Committee recommended that Council authorize the Acting City Manager to reject all bids received by the City and to provide for revision of the specifications and re-advertisement of the project; and the Office of City Engineer has instructed the consultant to make the necessary design modifications sufficient to bring project costs within budget. The Acting City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following resolution: 51 ACTION: (#34478-090799) A RESOLUTION rejecting all bids for the Mill Mountain Park Improvements Project. (For full text of Resolution, see Resolution Book No. 62, page 221.) Mr. Swain moved the adoption of Resolution No. 34478-090799. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) PERSONNEL DEPARTMENT-CITY INFORMATION SYSTEMS- LEASES-WATER RESOURCES-BUSES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a lease agreement with Greater Roanoke Transit Company for lease of space in the Campbell Court Transportation Center for the Personnel Management and CIS Training Facility. The Water Resources Committee recommended that Council authorize execution of a lease agreement, effective September 1, 1999, for 2,843 square feet, with up to four one year extensions, upon mutual agreement of the parties. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#34479-090799) AN ORDINANCE authorizing the City Manager to enter into an agreement with Greater Roanoke Transit Company for the leasing of office space within the Campbell Court Transportation Center to house the CIS Workstation Support Group, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 222.) 52 ACTION: Ms. Wyatt moved the adoption of Ordinance No. 34479-090799. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) UNFINISHED BUSINESS: HOUSING/AUTHORITY-HIGHER EDUCATION CENTER- DOWNTOWN NORTH-RNDC-HENRY STREET REVIVAL COMMITTEE: The Acting City Manager submitted a written report advising that three major projects initiated in the Greater Gainsboro area, bordered by Wells Avenue, Jefferson Street, Shenandoah Avenue, and Gainsboro Road, have requested substantial financial and other assistance from the City, which projects include: The RNDC Project, an effort by the Roanoke Neighborhood Development Corporation (RNDC) to revitalize Henry Street by constructing the Crew Suites office building, the Caboose convenience store and open plaza space. The Higher Education Center (GOB North), which seeks to combine the capabilities of several institutions of higher learning to provide post-secondary educational opportunities not presently available within the City. Shenandoah Crossing (GOB South), the Roanoke Redevelopment and Housing Authority (RRHA) effort to convert a former Norfolk Southern office building into 86 market-rate apartments. It was further advised that coordination of the three projects is essential, given their common need for public infrastructure improvements and parking requirements; cost estimates and financial strategies were needed, especially considering the demand for public investment in schools, parks, Victory Stadium, economic development, museums, an IMAX theater and other multi-million-dollar public projects such as Lincoln 2000; and Council appointed the Downtown 53 North Task Force at its May 5, 1999, budget study session to assist the Acting City Manager in developing recommendations regarding infrastructure, public financing, timing of projects and related matters concerning the three major projects constituting the initial Greater Gainsboro Area Project. It was explained that over 30 meetings were conducted by staff and interested third parties since Council created the Task Force; the Task Force has met three times, most recently on July 27; and major project representatives have detailed the assistance requested from the City during the meetings, which include the following: RNDC requested the City to provide $600,000.00 as a capital equity contribution toward the construction of the Crew Suites office/rental building, to rent 30,000 of the 50,000 square feet of office space in the building at $14 per square foot, and to finance and construct all public infrastructure outside the footprint of the building, including curbs, gutters and sidewalks, lighting and other streetscaping, decorative surfacing for the plaza area, and parking; RNDC expressed an expectation that it would control the parking, including retention of program income realized from its operation; RNDC indicated that the $600,000.00 equity from the City is required to obtain approval for approximately $5 million in bank financing for the construction of Crew Suites; the project is dependent upon the RRHA transferring at no cost to RNDC the property surrounding, adjacent to and on which Crew Suites would be constructed; and this property was originally purchased on behalf of the City with Community Development Block Grant (CDBG) funds. The Higher Education Center requested the City to provide public infrastructure, including curbs, gutters and sidewalks, lighting and other streetscaping and approximately 600 evening and 200 day parking spaces, with free parking to be available to students; and in providing parking, the Center requested that the City grade the area adjacent to the building since it lies at what is to be the main entrance. 54 The Roanoke Redevelopment and Housing Authority (RRHA) requested the City to provide public infrastructure, including curbs, gutters and sidewalks, lighting and other streetscaping; and the RRHA could provide for project parking needs through a surface parking lot. It was noted that there is significant overlap in the parking areas desired by each of the individual projects; Lumsden Associates, with Marsh Witt Associates, has been selected to develop reliable cost estimates for the Greater Gainsboro project area, including infrastructure in existing public rights-of-way, surface parking, RNDC project infrastructure, and a public parking garage; City investments in the Greater Gainsboro Area Project were not provided for in the updated Capital Improvement Plan, the latest bond issue or other City funds, with two exceptions: the first exception is $700,000.00 for the First Street Pedestrian Bridge, which is included in the CIP, the other exception is $2.5 million previously committed to the Higher Education Center from City funds to match the $9.0 million provided by the Commonwealth of Virginia. It was advised that at its July 27th meeting, the Task Force agreed upon the following recommendation and understanding: To support infrastructure and parking solutions, including a comprehensive parking study covering the area from the Catholic Church to Community Hospital, such improvements to be made in a manner consistent with the RNDC plan. The specific needs of RNDC should be resolved separately from the infrastructure and parking needs common to all three projects. It was further advised that the City's current investment concept, given the recommendation of the Task Force and the limits of available public resources, for the Greater Gainsboro Area Project includes: Up to $3 million for public infrastructure; Up to $700,000.00 toward the First Street Pedestrian Bridge; 55 Up to $5 million for a public parking garage of 450 to 500 spaces; and Identification of a strategy and funding for a future comprehensive parking study of the downtown area from the Catholic Church to Community Hospital. Potential funding sources for these public investments include: Existing funds in operating and capital budgets; Community Development Block Grant (CDBG) funds; Capital Maintenance and Equipment Replacement Program (CMERP) funds; Capital Fund interest earnings; and Issuing general obligation bonds. Itwas explained that the City will retain ownership and operation of any public facilities or improvements constructed with public resources; the City's assistance represents nearly 25 per cent of the proposed total investment estimated to comprise the initial Greater Gainsboro Area Project; that is, the $8.7 million investment under consideration by the City and the $2.5 million previously committed to the Higher Education Center represent nearly 25 per cent of the total estimated investment of the Greater Gainsboro Area Project; and a separate Council report offers City management's recommendations regarding RNDC's requests for a Capital equity contribution and space rental in the Crew Suites building. The Acting City Manager recommended that Council refer the matter to the Acting City Manager and to the Director of Finance for further recommendations to Council concerning specific actions, including identification of funding sources to carry out: The City's investment concept of: Up to $3 million for public infrastructure; Up to $700,000.00 toward the First Street Pedestrian Bridge; 56 ACTION: Up to $5 million for a public parking garage of 450 to 500 spaces; and Identification of a strategy and funding for a future comprehensive parking study of the downtown area from the Catholic Church to Community Hospital. The City's property concept of retaining ownership and operation of any public facilities or improvements constructed with public resources. (For full text, see report on file in the City Clerk's Office.) The Reverend Kenneth B. Wright, Pastor, First Baptist Church, commended Council, the Acting City Manager, the Director of Finance and other City administrative staff for their efforts to accomplish a workable solution to the success of the three projects. He summarized past meetings of the Downtown North Task Force, and spoke to the Acting City Manager's recommendation regarding Greater Gainsboro; whereupon, he requested that the three projects not be separated in spirit and that the City make a spiritual commitment for funding inclusive of the Roanoke Neighborhood Development Corporation. He suggested that the present Downtown North Task Force should be excused; however, another task force should be appointed to formulate development and action plans and to review housing, employment, economic development and impact, neighborhood redevelopment, regional development, human resources, and resource accountability so that when City Council and the City Administration changes in composition, the intent of the project will continue to be addressed. He requested Council's favorable consideration by appointment of another task force. Mr. Trout moved that Council concur in Alternative A of the Acting City Manager's report under date of August 16, 1999, and refer the matter to the Acting City Manager and to the Director of Finance for further recommendations to Council concerning implementation and funding of the Greater Gainsboro Area project; and since the work of the Downtown North Task Force has been completed, Council expressed appreciation to representatives of the Roanoke Neighborhood Development Corporation, Roanoke Higher Education Center, Roanoke Redevelopment and Housing Authority, Total Action 57 ACTION: Against Poverty, First Baptist Church, Hotel Roanoke, Downtown Roanoke, Inc., and the City of Roanoke for their participation on the Downtown North Task Force. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 34450, permanently vacating, discontinuing and closing a portion of the southern end of Sixth Street, N. E. (Wenona Avenue), having previously been before the Council for its first reading on Monday, August 16, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34450-090799) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 62, page 172.) Mr. Trout moved the adoption of Ordinance No. 34450-090799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) ZONING: Ordinance No. 34451, rezoning a parcel of land containing 0.43-acre, commonly known as 5416 Airport Road, N. W., Official Tax No. 6640108, from RS-3, Residential Single-Family District, 58 ACTION: ACTION: to C-1, Office District, as set forth in an Amended Petition filed in the Office of the City Clerk on July 1, 1999, having previously been before the Council for its first reading on Monday, August 16, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34451-090799) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 664, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 62, page 174.) Mr. Trout moved the adoption of Ordinance No. 34451-090799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) ZONING: Ordinance No. 34452, rezoning a tract of land located on the north side of Fugate Road, N. E., being the rear 79 feet of Official Tax No. 3101007, from RM-I, Residential Multi-Family District, to C-2, General Commercial District, pursuant to the Second Amended Petition filed in the Office of the City Clerk on July 8, 1999, having previously been before the Council for its first reading on Monday, August 16, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34452-090799) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 62, page 175.) Mr. Trout moved the adoption of Ordinance No. 34452-090799. The motion was seconded by Mr. Harris and adopted by the following vote: 59 AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) DECEASED PERSONS: Mr. Trout offered the following resolution memorializing the late Patricia N. Toney, 1997 Citizen of the Year of the City of Roanoke, and neighborhood leader: (#34453-090799) A RESOLUTION memorializing the late Patricia N. Toney. (For full text of Resolution, see Resolution Book No. 62, page 176.) ACTION: Mr. Trout moved the adoption of Resolution No. 34453-090799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Hudson was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-STREET NAMES: The Mayor advised that inasmuch as it appears that all seven Members of Council will be present for the Council meeting on Wednesday, October 20, 1999, at 7:00 p.m., the request of the Southern Christian Leadership Conference to rename Orange Avenue, N. E., and N. W., to Dr. Martin Luther King, Jr., Avenue will be included on the agenda. (It was later advised that all Members of Council would not be present for the October 20 Council meeting, therefor, the public hearing was scheduled for the November 15, 1999 Council meeting at 7:00 p.m.) 6O ACTION: BUILDINGS/BUILDING DEPARTMENT: Council Member Swain expressed concern with regard to the appearance of the rear of certain structures in downtown Roanoke and suggested that uniform building standards be established through appropriate incentives for property owners. Itwas the consensus of Council that the matter would be referred to the Acting City Manager for appropriate response. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:55 p.m., the Mayor declared the meeting in recess. At 6:40 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Harris presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers and Council Member Hudson. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under theVirginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Swain and Trout--5. NAYS: None ....................................................................... 0. (Mayor Bowers left the meeting during the Closed Meeting and Council Member Hudson was absent.) OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Vice-Mayor advised that there is a vacancy on the Cultural Services Committee created by the resignation of William L. Lee, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Michael Brennan. 61 ACTION: ACTION: ACTION: There being no further nominations, Mr. Brennan was appointed as a member of the Cultural Services Committee, for a term ending June 30, 2000, by the following vote: FOR MR. BRENNAN: Council Members White, Wyatt, Swain, Trout and Vice-Mayor Harris .......................................................... 5. (Mayor Bowers and Council Member Hudson were absent). OATHS OF OFFICE-COMMITTEES-HUMAN SERVICES COMMITTEE: The Vice-Mayor advised that there is a vacancy on the Human Services Committee created by the resignation of Bernice Jones, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Cynthia S. Bryant. There being no further nominations, Ms. Bryant was appointed as a member of the Human Services Committee, for a term ending June 30, 2000, by the following vote: FOR MS. BRYANT: Council Members White, Wyatt, Swain, Trout and Vice-Mayor Harris .................................................................. 5. (Mayor Bowers and Council Member Hudson were absent). OATHS OF OFFICE-COMMITTEES-FLOOD PLAIN COMMITTEE: The Vice-Mayor advised that there is a vacancy on the Flood Plain Committee created by the resignation of Harold L. Shaffer, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Cynthia Turner Josephson. There being no further nominations, Ms. Josephson was appointed as a member of the Flood Plain Committee, for a term ending June 30, 2000, by the following vote: FOR MS. JOSEPHSON: Council Members White, Wyatt, Swain, Trout and Vice-Mayor Harris .......................................................... 5. (Mayor Bowers and Council Member Hudson were absent). 62 ACTION: ACTION: ACTION: Inasmuch as Ms. Josephson is not a resident of the City of Roanoke, Mr. Swain moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Trout and adopted. OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Vice- Mayor advised that there is a vacancy on the Special Events Committee due to expiration of the term of office of Nicole Y. Quarles, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Michael R. Whelan. There being no further nominations, Mr. Whelan was appointed as a member of the Special Events Committee, for a term ending June 30, 2000, by the following vote: FOR MR. WHELAN: Council Members White, Wyatt, Swain, Trout and Vice-Mayor Harris .................................................................. 5. (Mayor Bowers and Council Member Hudson were absent). OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY: The Vice-Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety Commission created by the resignation of Ramey Bower, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Christopher Perkins. There being no further nominations, Mr. Perkins was appointed as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 2002, by the following vote: FOR MR. PERKINS: Council Members White, Wyatt, Swain, Trout and Vice-Mayor Harris .................................................................. 5. (Mayor Bowers and Council Member Hudson were absent). OATHS OF OFFICE-COMMITTEES-DISABILITY SERVICES BOARD: The Vice-Mayor advised that there is a vacancy on the Fifth Planning District Disability Services Board inasmuch as Donna Norvelle is no longer a City employee, and called for nominations to fill the vacancy. 63 ACTION: There being no further business, the Vice-Mayor declared adjourned at 6:45 p.m. Ms. Wyatt placed in nomination the name of Glenn D. Radcliffe. There being no further nominations, Mr. Radcliffe was appointed as a member of the Fifth Planning District Disability Services Board, for a term ending January 31, 2002, by the following vote: FOR MR. RADCLIFFE: Council Members White, Wyatt, Swain, Trout and Vice-Mayor Harris ......................................................... 5. (Mayor Bowers and Council Member Hudson were absent). the meeting ATTEST: APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 64 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL September 20, 1999 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, September 20, 1999, at 12:15 p.m. the regular meeting hour, with the City Clerk presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. COUNCIL: Inasmuch as both the Mayor and the Vice-Mayor were absent, in accordance with Roberts Rules of Order, the City Clerk opened the floor for nominations for a Chair Pro Tem to preside over the meeting. Mr. White placed in nomination the name of Council Member Linda F. Wyatt. There being no further nominations, Council Member Wyatt was appointed as Chair Pro Tern by the following vote: FOR COUNCIL MEMBER WYATT: Council Members Hudson, Swain, Trout, White and Wyatt ............................................................................................. 5. NAYS: None ......................................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Chair Pro Tem Linda F. Wyatt ................................. 5. ABSENT: Mayor David A. Bowers and Vice-Mayor C. Nelson Harris ............ 2. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: ACTION: Mr. Trout moved that Council concur in the request of the City Attorney to convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................................................ 5. NAYS: None ......................................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) At 12:18 p.m., the Chair Pro Tem declared the meeting in recess. At 12:45 p.m., the meeting reconvened in the City Council Chamber, with Chair Pro Tem Wyatt presiding, Mayor Bowers and Vice-Mayor Harris were absent. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tern Wyatt ............................................................................................................ 5. NAYS: None ......................................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) At 12:47 p.m., the Chair Pro Tem declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, September 20, 1999, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Chair Pro Tem Wyatt presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Chair Pro Tem Linda F. Wyatt ................................ 5. ABSENT: Mayor David A. Bowers and Vice-Mayor C. Nelson Harris ............ 2. 2 OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Robert D. Smith, Pastor, First Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTION: CONSENT AGENDA The Chair Pro Tem advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. She called specific attention to one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. 3 (Mayor Bowers and Vice-Mayor Harris were absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $311,864.00 from the 1999-2000 Capital Maintenance and Equipment Replacement Fund for textbook adoptions, school-based technology and facility improvements, architect services for district-wide roof replacement, upgrade of the William Fleming computer network, and facility maintenance vehicles and equipment. $121,552.00 for the Title I Local Delinquent Children Grant to provide transition services to youth exiting the Juvenile Detention Center and youth entering Youth Haven. The services will include drop-out prevention services, coordination and referral for substance abuse, adolescent health and mental health services, as well as placement services in appropriate and unique educational programs designed for youth-at-risk of school failure. This continuing program is 100 per cent reimbursed by Federal funds. $23,062.00 to finance architectural and engineering design services for school capital projects to be completed by fiscal year 2002. The funds represent additional construction funds which have been distributed to Roanoke City Schools from asbestos litigation. $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of successful intervention programs from other school divisions at Fallon Park School. The basic skills program includes staffdevelopment and remedial skills instruction. This continuing program is 100 per cent reimbursed by Federal funds. 4 $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of successful intervention programs from other school divisions at Lincoln Terrace School. The basic skills program includes staff development and remedial skills instruction. This continuing program is 100 per cent reimbursed by Federal funds. $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of successful intervention programs from other school divisions at Roanoke Academy for Math and Science. The basic skills program includes staff development and remedial skills instruction. This continuing program is 100 per cent reimbursed by Federal funds. $500,437.00 for the Title VI Class Size Reduction Initiative to provide funds for the placement of 12 classroom teachers to be placed in grades one through three throughout the district to reduce class size in those grades so that they are no higher than 18 students. This new program will be reimbursed by Federal funds. $3,000.00 for the Child Development Clinic to provide funds for the salary and expenses of the educational coordinator at the clinic. This continuing program will be reimbursed 100 per cent by state funds. $3,000.00 for the Child Specialty Services program to provide funds for the salary and expenses of the educational coordinator. This continuing program will be reimbursed 100 per cent by State funds. $23,000.00 for the Juvenile Detention Home program to provide funds for the salary and expenses of three educational coordinators. This continuing program will be reimbursed 100 per cent by State funds. $216,941.00 for the Goals 2000 Technology Grant to provide funds for the purchase of classroom computers and related technologies. This continuing program will be reimbursed 100 per cent by Federal funds. ACTION: $2,696.00 for the Goals 2000 Technology Support Grant to provide funds for training in support of efforts to improve education in the school division through the provision of computers and related technology. This continuing program will be reimbursed 100 percent by Federal funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34480-092099) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 School and School Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 224.) Mr. Trout moved the adoption of Ordinance No. 34480-092099. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) Council Member Swain inquired if data is available showing a correlation between the reduction in class size and student performance; whereupon, it was advised by a representative of the Roanoke City Public School System that information is being compiled and will be available by the summer of 2000, following receipt of the next round of Standards of Learning test results. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. 6 ITEMS RECOMMENDED FOR ACTION: FIFTH PLANNING DISTRICT COMMISSION: The Acting City Manager submitted a written report advising that the City of Roanoke has been a member of the Fifth Planning Commission for almost 30 years; the role of the Commission has changed dramatically over the past two decades and currently, instead of being simply a planning organization, the Commission promotes cooperation, communication and coordination among its member governments and organizations within the region and State and Federal agencies; in 1996, the General Assembly amended the Regional Cooperation Act to allow Planning District Commissions to change their names to Regional Commissions; in June 1998, the Commission appointed a Public Relations Committee to review ways to promote the work and enhance the image of the Commission; and the Public Relations Committee recommended that the Commission change its name to the Roanoke Valley-Alleghany Regional Commission. It was further advised that on June 24, 1999, the Commission resolved to change its name from the Fifth Planning District Commission to the Roanoke Valley-Alleghany Regional Commission to better reflect the geography served by the organization and the mission of the organization; and the Commission has requested that all nine member governments adopt resolutions approving the new name. The Acting City Manager recommended that Council adopt a resolution concurring in and supporting a resolution adopted by the Commission on June 24, 1999, which provides that the name of the Fifth Planning District Commission shall be changed to the Roanoke Valley-Alleghany Regional Commission. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#34481-092099) A RESOLUTION endorsing the Fifth Planning District Commission's name change to Roanoke Valley-Alleghany Regional Commission. (For full text of Resolution, see Resolution Book No. 62, page 229.) ACTION: Mr. White moved the adoption of Resolution No. 34481-092099. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) ROANOKE MEMORIAL HOSPITALS-HOSPITALS-COMMUNITY HOSPITAL-AIR RIGHTS: The Acting City Manager submitted a written report advising that Council authorized, pursuant to Ordinance No. 33794-050498 and Ordinance No. 34252-050399, leases between the City and CHS, Inc., for certain airspace over Crystal Spring Avenue, S. W.; a lease was executed on May 14, 1998, for some of the airspace, and another lease, which was authorized in May 1999, is being negotiated; and CHS, Inc., agreed to provide a bond to the City as surety for removal of the structure to be built in the air space leased from the City, pursuant to a lease dated May 14, 1998. It was further advised that CHS, Inc., has been unable to obtain a 60-year bond and has requested that the City accept an irrevocable letter of credit in lieu of the bond as surety for removal of the structure for both the 1998 lease and the lease authorized in May 1999; and City staff recommends amendment to the May 14, 1998, lease to allow CHS, Inc., to provide surety in the form of an irrevocable letter of credit and to provide same for the lease authorized in May 1999. The Acting City Manager recommended that Council authorize an amendment to the 1998 lease to allow CHS, Inc., to provide surety in the form of an irrevocable letter of credit and authorize such surety for the lease authorized in May 1999, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#34482-092099) AN ORDINANCE authorizing certain amendments to two leases by the City to CHS, Inc., for certain airspace over Crystal Spring Avenue, S. W.; and providing for an emergency. 8 ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 230.) Mr. Trout moved the adoption of Ordinance No. 34482-092099. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) RAILSIDE LINEAR WALK-CONSULTANTS REPORTS: The Acting City Manager submitted a written report advising that the Railside Linear Park Project will connect the Historic Market area and the Virginia Museum of Transportation; the walkway follows the main line of the Norfolk Southern Railway located along Norfolk Avenue and continues to the south side of the Warehouse Row buildings; Council authorized a design services agreement with Hayes, Seay, Mattern & Mattern, Inc., at its meeting on August 28, 1995, in the amount of $129,291.00, with a contract date of November 14, 1995; Amendment No. 1 was approved by the City on April 15, 1997, in the amount of $20,299.30; the portion of the project between the City Market and First Street is under construction and is scheduled for completion in November 1999; and the remainder of the project, the elevated walkway at Warehouse Row, is expected to be advertised for bids in the fall of 1999. It was further advised that project design has changed a number of times in response to project phasing, utility coordination, right-of- way and design issues; many additional meetings and conceptual designs were required of the consultant due to the participation of a number of interested groups including: Railroad Historical Society, Roanoke Arts Commission, Downtown Roanoke, Inc., Virginia Transportation Museum, local artists and economic development prospects; Hayes, Seay, Mattern & Mattern, Inc., has requested an additional fee of $121,352.00 for design services; staff has negotiated the fee to $75,000.00, with no additional time for extra work; and a summary of the contract is as follows: 9 ACTION: Initial Contract Amendment No. 1 Proposed Amendment No. 2 $129,291.00 20,299.30 75,000.00 Total $224,590.30 The Acting City Manager recommended that he be authorized to execute Amendment No. 2 to the November 14, 1995 agreement with Hayes, Seay, Mattern & Mattern, Inc., in a form to be approved by the City Attorney, in the amount of $75,000.00, with no additional time for the extra work. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34483-092099) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 2 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for all the phases of the Railside Linear Walk and Park Project. (For full text of Resolution, see Resolution Book No. 62, page 231.) Mr. Trout moved the adoption of Resolution No. 34483-092099. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) TRAFFIC-STATE HIGHWAYS-ISTEA: The Acting City Manager submitted a written report advising that the Transportation Equity Act for the 21st Century (TEA-21) was signed into Federal law in June, 1998; TEA-21 requires state departments of transportation to set aside a minimum often percent of the Surface Transportation Program (STP) allocation each year to be used for "hazard elimination" and "rail/highway grade crossings"; funding participation for approved projects is 90 per cent Federal and ten per cent local; regular urban highway allocations may be used to provide 98 per cent of the ten per 10 cent local matching funds, with the locality providing the other two per cent, which means that the locality only needs to provide 0.2 per cent in local funding; Council adopted a resolution on March 16, 1998, for the Virginia Department of Transportation (VDOT) to enable the Cleveland Avenue, S. W., railroad grade crossing project to be programmed in VDOT's Six-Year Improvement Program (Resolution No. 33743-031698) as an approved safety project; and the railroad crossing is located on Cleveland Avenue, S. W., between 15th Street and 18th Street. ACTION: It was advised that VDOT has approved the safety project application; the project administration agreement has been received by the City and requires execution to enable the project to proceed; the project includes installation of flashing light signals and short-arm gates at an estimated cost of $110,400.00; total City-funded share is $220.80; and the agreement also provides foran annual cost to the City of $1,252.50 to reimburse Norfolk Southern for crossing maintenance. The Acting City Manager recommended that he be authorized to execute the Cleveland Avenue, S. W., railroad grade crossing agreement on behalf of the City, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34484-092099) A RESOLUTION authorizing the City Manager, or his designee, to execute an agreement with the Virginia Department of Transportation for installation of short-arm gates and flashing lights at the railroad crossing on Cleveland Avenue, S. W., in connection with the Surface Transportation Program. (For full text of Resolution, see Resolution Book No. 62, page 232.) Mr. Trout moved the adoption of Resolution No. 34484-092099. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tern Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. 11 (Mayor Bowers and Vice-Mayor Harris were absent.) CITY ATTORNEY: BUILDINGS/BUILDING DEPARTMENT-PARKS AND RECREATION- REFUSE COLLECTION: The City Attorney submitted a written report advising that as part of the City's 1999 Legislative Program, the City sought enabling legislation allowing the City, under certain circumstances, to waive existing liens for demolition of structures and weed and trash removal; very often properties are forced into the delinquent tax sale process because taxes and liens have been assessed far in excess of their fair market value, thus effectively rendering the properties unmarketable; City demolition costs currently average about $8,000.00, but the typical value of the vacant lot left is only about $2,500.00; and, in addition, many derelict properties have liens for removal of weeds and trash by the City. It was further advised that the General Assembly responded to the City's request by enacting legislation which, under certain circumstances, allows localities to waive removing, repairing, or securing unsafe buildings or structures, and weed and trash removal liens; Section 15.2-901, Code of Virginia (1950), as amended, was amended to allow weed and trash liens to be waived in order to facilitate the sale of property; this Code section provides that such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner; it also provides that all such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed; Section 15.2-906, Code of Virginia, was also amended to include a similar provision allowing localities to waive liens for removing, repairing, or securing unsafe buildings or structures; and both of these provisions require that a locality act by ordinance to implement provisions. The City Attorney recommended that Council enact a proposed ordinance which would amend §§33-23 and 7-2 of the City Code, to allow for waiver of the type of liens above described; and that authority for waiving the liens be vested in the Director of Finance, since §2-238 of the City Code already authorizes the Director of Finance to waive interest or penalty payments on these types of liens whenever, in his discretion, it is appropriate to do so. (For full text, see report on file in the City Clerk's Office.) 12 ACTION: Mr. Trout offered the following emergency ordinance: (#34485-092099) AN ORDINANCE amending §7-2, Recovery of costs when city removes, repairs, or secures unsafe building or structure, and amending §33-23, Notice to owner of hearing on abatement costs; post-abatement hearin[i, of the Code of the City of Roanoke (1979), as amended, by the addition of new subsections (b) and (d), respectively, to provide for waiver, by the Director of Finance, of liens for removal, repair or securing buildings or structures and removal of weeds and trash, under certain circumstances, in order to facilitate the sale of certain property and encourage its productive reuse; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 233.) Mr. Trout moved the adoption of Ordinance No. 34485-092099. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) REPORTS OF COMMITTEES: BUDGET-BRIDGES: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for repair of the bridges at Brandon Avenue over Murray Run, 13th Street over Roanoke River, Franklin Road over Roanoke River, and Jefferson Street over Roanoke River; whereupon, the Bid Committee recommended that Council approve the following actions: Authorize the Acting City Manager to execute a unit price contract with Lanford Brothers Co., Inc., of Roanoke, Virginia, for Bridge Repairs 1999, in the amount of $261,868.00, with 120 calendar days for completion, and authorize a project contingency of $26,000.00, for a total of $287,868.00 for the project. 13 ACTION: Appropriate $150,000.00 to the Capital Fund, Account No. 008-052-9549-9003, "Bridge Maintenance"; funding is available in the General Fund Transfer to Capital Projects Fund, Account No. 001-004-9310-9508. Reject all other bids received by the City. The Acting City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34486-092099) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 235.) Mr. Swain moved the adoption of Ordinance No. 34486-092099. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) Mr. Swain offered the following emergency ordinance: (#34487-092099) AN ORDINANCE accepting the bid of Lanford Brothers Company, Incorporated, for repair of the bridges at Brandon Avenue over Murray Run, at 13th Street over Roanoke River, at Franklin Road over Roanoke River, and at Jefferson Street over Roanoke River, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 236.) 14 ACTION' Mr. Swain moved the adoption of Ordinance No. 34487-092099. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) UNFINISHED BUSINESS' None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE/SALE OF PROPERTY-CITY EMPLOYEES- JEFFERSON CENTER: Ordinance No. 34463, providing for acquisition for the Employee/Jefferson Center Parking project of property located in the 400 block of Luck Avenue, S. W., identified by Roanoke City Tax Nos. 1012408, 1012407, and a portion of Official Tax No. 1012406, along with an access easement across a portion of Official Tax No. 1012406; authorizing the proper City officials to execute and attest any necessary documents for said acquisition; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project, having previously been before the Council for its first reading on Tuesday, September 7, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34463-092099) AN ORDINANCE providing for the acquisition for the Employee/Jefferson Center Parking Project of property located in the 400 block of Luck Avenue, S. W., and identified by Roanoke City Tax Map Nos. 1012408, 1012407, and a portion of Official Tax No. 1012406, along with an access easement across a portion of Official Tax No. 1012406; authorizing the proper City officials to execute and attest any necessary documents for this acquisition; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; upon certain terms and conditions. 15 ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 223.) Mr. Trout moved the adoption of Ordinance No. 34463-092099. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, Trout and White ...... 4. NAYS: Chair Pro Tem Wyatt .................................................1. (Mayor Bowers and Vice-Mayor Harris were absent.) COUNCIL-SCHOOLS: Mr. Trout offered the following resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Wednesday, October 20, 1999, to 12:00 noon, Wednesday, October 20, 1999, in Room 120, at the Addison Aerospace Magnet Middle School, 1220 5th Street, N. W., in the City of Roanoke, with the 2:00 p.m. session on the same date to be held in the City Council Chambers, 215 Church Avenue, S. W.: (#34488-092099) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Wednesday, October 20, 1999. (For full text of Resolution, see Resolution Book No. 62, page 237.) Mr. Trout moved the adoption of Resolution No. 34488-092099. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) VIRGINIA MUNICIPAL LEAGUE: Mr. Trout offered the following resolution designating James O. Trout as Voting Delegate and Carroll E. Swain as Alternate Voting Delegate for the 1999 Annual Business Session of the Virginia Municipal League and designating James D. Ritchie, Sr., as Staff Assistant for any meetings of the Urban Section: 16 ACTION: (#34489-092099) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. (For full text of Resolution, see Resolution Book No. 62, page 238.) Mr. Trout moved the adoption of Resolution No. 34489-092099. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY MANAGER-COUNCIL: Mr. Hudson moved that Council convene in a Closed Meeting to interview candidates for the position of City Manager, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) SIDEWALK/CURB AND GUTTER-SIGNS/BILLBOARDS/AWNINGS. STREETS AND ALLEYS: Council Member White spoke in support of and encouraged that the City display the proper signage regarding street paving, sidewalk, curb and gutter construction projects under-taken by the City as a result of bond funds, general funds, etc. Also, prior to the winter season, he requested a progress report on completed and pending street paving, sidewalk, curb and gutter construction contracts/projects. 17 CITY MANAGER-COUNCIL: Chair Pro Tem Wyatt expressed concern with regard to certain recent actions that were taken by Council in connection with conducting interviews and discussions for the position of Roanoke City Manager. She explained that she did not question the legality of Council's actions; however, she questioned whether it was the right thing to do in the absence of the Mayor who could not attend the meeting because of emergency surgery. She stated that she previously requested that the meeting be postponed, which request was not honored, and it was her understanding that the Mayor had also requested that no decisions be made until all Members of Council were in attendance. Mr. White advised that Council acted properly as a majority and in the best interest of the citizens of the City of Roanoke. Mr. Trout advised that he considered the meeting to be one of the most important meetings that he has attended because the City is moving into the next millennium and the bridge that will carry the City into that period of progress will be the City Manager's position working in conjunction with the Members of City Council. He called attention to a communication from The Mercer Group, a consulting firm which was engaged for the purpose of assisting the City in its search for a new City Manager, in which concern was expressed that Council was not moving fast enough in its selection process and there was a possibility that some of the candidates might withdraw their applications; therefore, the meeting was held in the absence of the Mayor and Council Member Wyatt. He also referred to a communication from Vice- Mayor Harris who advised that he was in agreement with interviewing the two finalists who were selected at the meeting. He stated that Council acted in the best interests of the citizens of Roanoke and he was pleased to be a part of the process. Mr. Swain advised that the City Manager Search Committee has worked diligently in the best interests of all citizens of the City of Roanoke. He stated that the action of Council was appropriate based on the adVice of the consultant. Mr. Hudson, Chair of the City Manager Search Committee, advised that five Members of Council were present at the meeting and it was the unanimous decision of those in attendance that Council should move forward with the process, even though there were scheduling conflicts by some Members of Council. He stated that Council is working to move the City Manager process forward, and the majority of Council did what it thought was proper. 18 ACTION: ACTION: OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 2:40 p.m., the Chair Pro Tem declared the meeting in recess. At 2:55 p.m., the meeting reconvened in the Council Chamber, with Chair Pro Tem Wyatt presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers and Vice-Mayor Harris. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Chair Pro Tem advised that the term of office of Mary S. Neal as a member of the Roanoke Arts Commission expired on June 30, 1999, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Mary S. Neal. There being no further nominations, Ms. Neal was reappointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2002, by the following vote: FOR MS. NEAL: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt .............................................................. 5. (Mayor Bowers and Vice-Mayor Harris were absent.) At 3:00 p.m., the Chair Pro Tem declared the meeting in recess until 7:00 p.m. 19 On Monday, September 20, 1999, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Chair Pro Tem Wyatt presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., and Chair Pro Tem Linda F. Wyatt .......................................................................................... 5. ABSENT: Mayor David A. Bowers and Vice-Mayor C. Nelson Harris ......................................................................................... 2. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Chair Pro Tem Wyatt. The Pledge of Allegiance to the Flag of the United States of America was led by Chair Pro Tem Wyatt. PRESENTATIONS: ACTS OF ACKNOWLEDGEMENT-SPORTS ACTIVITIES: The Chair Pro Tem recognized the Roanoke Star Girls U14 Youth Soccer Team, who recently completed a successful trip to Europe, participating in the largest youth tournament in the world with over 70 different countries represented, and amassing a 7-1-1 record. The Chair Pro Tem presented each participant with a "Star City" uniform patch. PROCLAMATIONS: The Chair Pro Tem presented a proclamation declaring Sunday, September 26, 1999, as WALK FOR PRIDE DAY. (For full text, see Proclamation on file in the City Clerk's Office.) PUBLIC HEARINGS: 2O ACTION: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Carilion Medical Center that a portion of Highland Avenue, S. E., extending from Jefferson Street to a terminal point at the westerly line of Official Tax No. 4021501, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, September 2 and Thursday, September 9, 1999 and in The Roanoke Tribune on Thursday, September 9, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the request, subject to certain conditions, was before the body. (For full text, see report on file in the City Clerk's Office.) Michael G. Ballantyne, Vice-President for Facility Services, Carilion Health Systems, appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#34490) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 62, page 241.) The motion was seconded by Mr. Swain. The Chair Pro Tem inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34490 was adopted, on its first reading, by the following vote: 21 AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Carilion Health Systems that a certain 14.787-acre, more or less, parcel of land located south of Elm Avenue, S. W., between Jefferson Street and Williamson Road, identified as Official Tax Nos. 4020101, 4020701, 4020801, 4021408, 4021409, 4020815, 4021501 and 4021502, be rezoned from C-1, Office District, to C-3, Central Business District; and Official Tax No. 4020814 be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, with Official Tax No. 4020101 being subject to a certain condition proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, September 2 and Thursday, September 9, 1999, and in The Roanoke Tribune on Thursday, September 9, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the applicant is proposing to undertake a new expansion of the hospital/medical complex, which will, in part, be located on the southerly side of a portion of the public street, Highland Avenue, S. E., was before Council. The City Planning Commission recommended that Council approve the request to rezone 14.787 acres, more or less, being Official Tax Nos. 4020101, 4020701, 4020801, 4021408, 4021409, 4020815, 4021501 and 4021502, from C-1, Office District, to C-3, Central Business District, and rezone Official Tax No. 4020814, from LM, Light Manufacturing District, to C-3, Central Business District, with Official Tax No. 4020101 being subject to a certain condition proffered by the applicant. 22 ACTION: (For full text, see report on file in the City Clerk's Office.) Michael G. Ballantyne, Vice-President for Facility Services, Carilion Health Systems, appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#34491) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 62, page 243.) The motion was seconded by Mr. Swain. The Chair Pro Tem inquired if there were persons present who would like to address Council with regard to the request. Mr. Bruce Cusic, 509 Allison Avenue, S. W., representing the Board of Directors of Old Southwest, Inc., asked if it is worth destroying the house at 21 Highland Avenue, S. W., for the sake of providing 19 parking spaces for Carilion Health System. Mr. Ballantyne advised that his client is requesting a zoning change from C-1 to C-3 which does not address the question of whether the house will be razed. He stated that preservation of the house is a paramount issue that was addressed because building plans do not allow the house to be incorporated on the site, therefor, the house will be considered as a separate issue. He explained that connection of a medical office building to the existing campus, highlighting pediatric services and services to women, is the overall intent of development. Ordinance No. 34491 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. 23 (Mayor Bowers and Vice-Mayor Harris were absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Hollins Road Warehousing, L. L. C., that a tract of land located on the west side of Hollins Road, N. E., being approximately 15.306 acres located at 3332 Hollins Road, identified as Official Tax No. 3140304, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, September 2 and Thursday, September 9, 1999, and in The Roanoke Tribune on Thursday, September 9, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to redevelop, remodel and reuse the existing industrial facility for light manufacturing uses, was before Council. ACTION: The City Planning Commission recommended that Council approve the request for rezoning, and advised that the proposed redevelopment of the property for light industrial use is reasonable and desirable in that it provides more opportunity for new industrial development; the rezoning would be consistent with the City's goal of protecting industrial land while encouraging appropriate and desirable new industrial development; and the location of the property in the Urban Enterprise Zone would be a benefit for a new industrial user. (For full text, see report on file in the City Clerk's Office.) David A. McCray, Spokesperson, appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: 24 (#34492) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 314, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 62, page 244.) The motion was seconded by Mr. Swain. The Chair Pro Tern inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34492 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HABITAT FOR HUMANITY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to convey certain City owned property consisting of 24 vacant building lots and one drainage lot located in Westview Terrace, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, September 5, 1999. (See publisher's affidavits on file in the City Clerk's Office.) The Chair Pro Tem inquired if there were persons present who would like to be heard in connection with the matter. Mr. James Leonard, 1935 Hope Road S. W., raised questions with regard to the identity of the purchaser and purchase amount of the property; whereupon, Kit B. Kiser, Director, Utilities and Operations, advised that the property has not been sold. He explained that the property was previously advertised for sale; however, no bids were received and certain minimal requirements were changed. He stated 25 that the City again advertised the property for bid, three bids were received as a part of the second advertisement, and the high bid was submitted by Blue Ridge Housing Development in the amount of $100,000.00. Mr. Leonard inquired as to the purchase price of the property by the City; whereupon, Mr. Kiser responded that the City paid $352,000.00. The Chair Pro Tem advised that all remarks would be received and filed. SEWERS AND STORM DRAINS-FEE COMPENDIUM-WATER RESOURCES: The City Clerk having advertised a public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to establish a rate schedule for certain water and sewage rates and related charges for services provided by the City, effective January 1, 2000 and January 1,2001; and directing amendment of the Fee Compendium, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, September 5, and Sunday, September 12, 1999, and in The Roanoke Tribun~ on Thursday, September 2 and Thursday, September 9, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the Acting City Manager advising that the 1979 contract between Roanoke City and Roanoke County provided, among other things, for the transfer of ownership of certain water and sanitary sewer lines and the requirement that the City sell to the County and the County purchase from the City certain volumes of water; the drought of 1998 and 1999 has indicated that the 1979 contract needs to be further revised or replaced with a new agreement; the agreement, in concept, was reached in accordance with a joint statement issued on August 11, 1999, between the Mayor of the City of Roanoke and the Chairman of the Roanoke County Board of Supervisors; and an increase in water rates, fees and charges of up to 18 per cent, effective with all bills rendered after January 1, 2000, and an additional amount of not more than ten per cent, effective with all bills rendered after January 1, 2001, is necessary to offset the revenue loss from the sale of water to Roanoke County, to recover the cost of making physical 26 ACTION: ACTION: interconnections between the two water systems and the purchase of bulk water from the County, Salem, and Vinton during this time of water supply emergency. The Acting City Manager recommended that Council authorize execution of a contract with Roanoke County and adopt a proposed ordinance increasing water rates. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34493-092099) A RESOLUTION authorizing the execution of an agreement between the City of Roanoke and the County of Roanoke for the mutual provision of bulk water, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 239.) Mr. Trout moved the adoption of Resolution No. 34493-092099. The motion was seconded by Mr. Swain. The Chair Pro Tem inquired if there were persons present who would like to address Council regarding the matter. There being none, Ordinance No. 34493-092099 was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#34494) AN ORDINANCE establishing a rate schedule for certain water and sewage rates and related charges for services provided by the City, effective January 1, 2000 and January 1, 2001; and directing amendment to the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 62, page 246.) 27 The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem Wyatt ............................................................................. 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Vice-Mayor Harris were absent.) BONDS/BOND ISSUES-BUDGET-SCHOOLS: The City Clerk having advertised a public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to consider for passage, a resolution, approving issuance by the City of its general obligation bond, or bonds, for the purpose of financing certain capital improvements in connection with The Roanoke Valley Governor's School, in an amount not to exceed $3,250,000.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 30, and Monday, September 6, 1999. (See publisher's affidavits on file in the City Clerk's Office.) The Chair Pro Tem inquired if there were persons present who would like to address Council in connection with the public hearing. There being none, she advised that the matter would be received and filed. (See minutes of October 4, 1999, for additional action on the above described matter.) BONDS/BOND ISSUES-BUDGET-SCHOOLS: The City Clerk having advertised a public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to consider for passage, a resolution, approving issuance by the City of its general obligation bond, or bonds, for the purpose of financing certain capital improvements in connection with Hurt Park Elementary School, in an amount not to exceed $1,250,000.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 30, and Monday, September 6, 1999. 28 (See publisher's affidavits on file in the City Clerk's Office.) The Chair Pro Tern inquired if there were persons present who would like to address Council in connection with the public hearing. There being none, she advised that the matter would be received and filed. (See minutes of October 4, 1999, for additional action on the above described matter.) OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. There being no further business, the Chair Pro Tem declared the meeting adjourned at 7:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Linda F. Wyatt Chair Pro Tem 29 DAVID A.'BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540)853-1145 December 6, 1999 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB:se i WILLIAM M. HACKWORTH CITY A'ITORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ ci.roanoke.va, us December 6, 1999 WILLIAM ~ PARSONS 1 ~rE~}E~}~I :~01~ALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY A'FrORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to consult with legal counsel on a matter of actual litigation, pursuant to §2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, WMH:f cc: James D. Ritchie, Acting City Manager Mary F. Parker, City Clerk William M. Hackworth City Attorney ~ECEIvE. O CITY CLERKS '~ DEO-1 Pa:22 December 6, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Request for Closed Meeting This is to request that Council convene in a closed meeting for the discussion or the consideration of the acquisition of real property for a public purpose or of the disposition of publicly held real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1 - 344.A.3, of the Code of Virginia (1950), as amended. JDR:ca cc: City Attorney Director of Finance City Clerk Respectfully submitted, Jarfl~D. Ritchie Acting City Manager t~ECEi'vEO CITY CLER¢5 ~;FF',Ci:; '99 CEO-2 P3:22 December 6, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Parks and Recreation Fitness Centers in our Public Schools I am writing in response to Council Member Swain's request during the regular Council meeting held on Wednesday, October 20, 1999, for information regarding the impact of the City's fitness centers on businesses in the private sector. Seven area businesses were contacted to discuss their membership and to inquire as to what type of impact the City' s fitness centers have on their current operation. The seven businesses chosen represent different areas in the Roanoke Valley. They include: The Downtown Sports Club, in downtown Roanoke; Lancerlot Sports Complex, Vinton; the Roanoke Athletic Club, South Roanoke County; New Fitness, northwest Roanoke City; World Gym Inc., northeast Roanoke City; the YMCA Family Center, Orange Avenue, inner-Roanoke City; and the YMCA Central Branch, downtown Roanoke. On the issue of price, the City charges $15/month for City residents and $22/month for non- residents. The private businesses all share an initiation fee and a monthly fee. The attached summarizes the prices of each of the aforementioned fitness facilities. On the issue of direct competition, six of the seven businesses did not feel the City had an impact on their memberships. The YMCA Family Center, located on Orange Avenue, stated that the new Addison Fitness Center would be in direct competition for memberships. However, staff of the YMCA also expressed that the area should be able to support both centers. This is for informational purposes only. No action is required. spectfullysubmitted, jX"~s D.~Ritchie AcWng City Manager JDR:jj Attachment The Honorable David A. Bowers, Mayor and Members of City Council December 2, 1999 Page 2 pc~ James D. Grisso, Director of Finance William M. Hackworth, City Attomey Mary F. Parker, City Clerk George C. Snead, Director of Public Safety John W. Coates, Manager, Parks & Recreation Victor C. Garber, Superintendent of Recreation Melida G. McKee, Recreation Coordinator Maggie E. Mace, Fitness & Wellness Programmer Private Fitness Centers Price Report NAME COST PER PERSON Downtown Sports Club Lancerlot New Fitness Roanoke Athletic Club World Gym, Inc. YMCA Family Center YMCA Central Branch Roanoke City Fitness Centers $50 initiation fee, $32/month $62.50 initiation fee, $45/month $390/year, $790/2 year membership $180 initiation fee, $57/month Cost Varies (Average is $25/month) $23 initiation fee, $20/month $75 initiation fee, $36/month $15/month-City resident, $22/month-Non-resident ~CHART~ RECEIVED (.:i T Y .... ~S ~F~"'~ ULLP: .... F '99 NDV 17 A8:58 Roanoke City Electoral Board November 15, 1999 Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Mrs. Mary F. Parker City Clerk Room 454, Municipal Roanoke, VA 24011 Building Dear Mrs. Parker: Pursuant attached General & 2, 1999. to Section 24.2-675 of the Virginia Election Laws, is a certified copy of the abstract of votes cast in the Special Election held in the City of Roanoke on November Gflbb~t E .. But~'~ecretary Roanoke City ~ectoral Board GEB, JR./byb Attachment Room 109, Municipal North 215 Church Avenue, S.W., Roanoke, Virginia 24011 (540) 853-2281 Fax (540) 853-1025 P.O. Box 1095, Roanoke, Virginia 24005 '.ABSTRACT OF VOTES cast in the CITY OF ROANOKE at the November 2, 1999 General Election, for: · Virginia, MEMBER SENATE OF VIRGINIA 21st ENTER DISTRICT NUMBER NAMES OF CANDIDATES AS SHOWN ON BALLOT JOHN S. EDWARDS WILLIAM H. FRALIN TOTAL VOTES RECEIVED (IN FIOURES) 12,6.68 7,043 Total Write-In Votes [SEE WRITE-IN CERTIFICATION] ......... 5 We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1999, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 3rd day of November, 1999. A copy teste: Secretary, Electoral Board WRITE-INS CER TIFICA TION ROANOKE ~ COUNTY [~ CITY MEMBER SENATE OF VIRGINIA CFFICE TITL~ 21st C:$TRICT NAME OR NUMBER, IF APPUCABLF General 0 Special Election November 2, 1999 Page 1 of Write-Ins Invalid Write-Ins ............................. Valid Write-Ins £UST IN ALPHABETICAL ~DER] TOTAl VOTES RECEIVED (I/~ F/GUR~SJ CONTINUED ON PAGES THROUGH We, the undersigned Electoral Board. upon examfnaticn of the official records deposited with the Clerk cf CTrcuit Court of the election held on November 2. 1999, do hereby certify that, with the continuation indicated, the above is a true and correct certification of the write-in votes cast at said elect/on for the indicated above. Given under our hands this 3rd day of November, 1999. copy teste: , Secre~ar~ Secretary, ElectoraJ -=car: A I 'STRACT OF VOTES cast in the CITY OF ROANOKE at the November 2, 1999 General Election· for: · Virginia· MEMBER HOUSE OF DELEGATES 16th ENTER DISTRICT NUMBER NAMES OF CANDIDATES AS SHOWN ON BALLOT CLIFTON A. "CHIP" WOODRUM ......... 9,233 ALEXI R. SADJADI ......... 1,429 TOTAL VOTES RECEIVED (IN FIGURES) Total Write-In Votes [SEE WRITE-IN CERTIFICATION] ......... ~ We, the undersigned Electoral Board, upon exam/nat/on of the off/c/a/records deposited with the Cler/~ of the Circuit Court of the election held on November 2, !999, do hereby certify that the above is a true and correct Abstract of Votes cast at said e/action for the off/ce indicated above. Given under our hands this 3rd day of November, /999. A copy testa:  , Chairman .~'z~-~_~J_~ , .~'~~_~'~ ,Vic Chairman /~/~. ~~/.,' i Secretary ///~~/~/] Secretar Electoral 4RSTRACT OF VOTES cast in the CITY OF ROANOKE at the November 2, 1999 General Election, for: · Virginia, MEMBER HOUSE OF DELEGATES ~VAMES OF CANDIDATES AS SHOWN ON ~ALLOT 17th ENTER DISTRICT NUMBER TOTAL VOTES RECE~/ED fiN FIOUSES) 7,255 3 Total Write-In Votes [SEE WRITE-IN CERTIFICATION] ......... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1999, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 3rd day of November, 1999. copy teste: , Chairman Vice Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION ROANOKE COUNTY ~ CITY MEMBER HOUSE OF DELEGATES OFFICE TITLE 17th DISTRICT NAME OR NUMBER, IF APPLICABLE General Special Election November 2, 1999 Page 1 of ~. Write-Ins Invalid Write-Ins ............................. Valid Write-Ins [LIST IN ALPHABETICAL ORDER] ROBERT ROBERTSON CLIFTON A. "CHIP" WOODRUM TO TAL VOTES RECEIVED (IN F~eURES) 1 CONTINUED ON PAGES ~ THROUGH. We. the undersigned Electoral Board. upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2. 1999. do hereby certify that. with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 3rd day of November. 1999. A copy teste: . Chairman , Vice Chairman , Secretary Secretary, Electoral Board MARY F. PARKER, CMC/AAE 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: 1540) 853-tt45 December 13, 1999 File #51 SANDRA H. EAKIN Deputy Cily Clerk Mr. Robert R. Copty 3009 Burnleigh Road, S. W. Roanoke, Virginia 24014 Dear Mr. Copty: Your communication tendering your resignation as a member of the Board of Zoning Appeals, effective December 31, 1999, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. On motion, duly seconded and unanimously adopted, the resignation was accepted with regret and your communication was received and filed. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Board of Zoning Appeals from February 25, 1991 to December 31, 1999. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure C:~¥1y Files'~l~c,6. wpd CogrY COMMERCIAL AND 540/344-1 144 P.O. Box 840 Roanoke, Virginia 24004-0840 INDUSTRIAL SALES AND LEASING RECEIVED NOV 'J MAYO~',~ November 9, 1999 Hon. David Bowers Mayor, City of Roanoke 213 W. Church Avenue Roanoke, Virginia 24011 Re: Board of Zoning Appeals Dear David, Please accept this letter as my resignation from the Board of Zoning Appeals as of December 31, 1999. It has been a pleasure serving on the BZA since 1991. I have had the opportunity to work with excellent staff members such as Evelyn Dorsey and Steve Televi, Lisa Cooper and Linda Leedy. I have also been privileged to serve on the Board with so many wonderful members over these past years. I feel this is the right time for me to move on to other opportunities. I would look forward to meeting with you regarding pressing BZA matters before my time as Chairman has come to a close. Among the issues to review are appointments of new members, Zoning code changes and interaction with City Council. I am very proud of my City and am always at your service. Very/.tr01y yours, q3ob Copty / Chairman, BZA Cc: Evelyn Dorsey Ben Motley DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 November 11, 1999 Bob Copty, Chairman Board of Zoning Appeals Copty & Company Real Estate Post Office Box 840 Roanoke, Virginia 24004-0840 Dear Bob: Thank you for your letter of November 9, 1999. I was sorry to hear of your resignation from the Board of Zoning Appeals, but I know how much time you have spent with that Board since 1991. On behalf of the Council and the citizens of Roanoke, please let me just say "thank you" for all of your volunteer efforts and service to our great 5-time All-America City. It is the dedication and volunteerism from citizens like you that really makes our democracy in Roanoke work so well. I am forwarding a copy of your letter to Ms. Parker, our City Clerk, so that Council can consider the vacancy on the Board of Zoning Appeals. Sincerely, ~wers Mayor DAB: jsj pc: ~Mary F. Parker, City Clerk MARY F. PARKER, CMC/AAE 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: 1540) 853-1145 SANDRA H. EAKIN Deputy Cit5 Clerk December 13, 1999 File #15-110-394 Michael Brennan, Chair Cultural Services Committee 4757 Woodley Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Brennan: This is to advise you that on November 12, 1999, Thelma R. Holland qualified as a member of the Cultural Services Committee for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Glenna O. Ratcliffe, Secretary, Cultural Services Committee Sandra H. Eakin, Deputy City Clerk C:~lyFile~lec6.wpd RECEIVED Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thelma R. Holland, do solemnly swear (or affirm) 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 Cultural Services Committee for a term ending June 30, 2000, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this /~::~ day of //~V'_ 1999. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Tclephone: 1540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy Cit5 Clerk December 13, 1999 File #15-110-207 Margaret R. Baker, Secretary Industrial Development Authority of the City of Roanoke 2140 Windsor Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Baker: This is to advise you that on November 29, 1999, Lynn D. Avis qualified as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2003. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Sandra H. Eakin, Deputy City Clerk C AMyFil~h:k-c6.wpd '99 ~29 P~:16 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lynn D. Avis, do solemnly swear (or affirm) 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 Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20,.~f~, according to the best of my ability. (So help me God.) _ Subscribed and sworn to before me this ~ day of,,~,/~'~ 999. ARTHUR B. CRUSH, III, CLERK ,DEPUTY CLERK C:kMyFiles\nov 1 .wpd CitizensRights@aol.com on 11/16199 09:34:18 AM To: cc; clerk@ci.roanoke.va.us Subject: council meetings Dear Mrs. Parker: Please be advised that I wish to speak before council on December 6, 1999, at 2 PM and December 20, 1999, at 7 PM. Please send confirmation of such to this email address. Thank you Mrs. Parker Aubrey Butler Roanoke ~ECEtYED Cll'Y CLERi',S OFF'!Ci' City Public Schools '~ I~V 23 Public Informofion Office · P.O. Box 1,3146, Roonoke, Virginio 240,31 Telephone: (,540) 86,3-2816 · Fox: (,540) 85,3-2817 /~11:51 November 22, 1999 Mrs. Mary Parker Clerk to City Council City Municipal Building 215 Church Avenue Roanoke, VA 24011 Dear Mrs. Parker: The Roanoke City Public Schools welcomes the opportunity to share instructional innovations and highlights with City Council. The Superintendent requests that a presentation on the "Even Start Pro- gram," no longer than 15 minutes in length, be included as an agenda item for the 2:00 p.m. session of the City Council meeting on Monday, December 6, 1999. Dr. Hams or his designee will present an overview of the Even Start program, a family literacy pro- gram. He will introduce a representative from the Redevelopment and Housing Authority, our community parmer in the program. We look forward to this sharing opportunity with Council. If I may answer any additional questions, please don't hesitate to call (2816). /sd Sincerely, Public Information Officer Mr. James Ritchie Dr. E. Wayne Harris Excellence in Education REr. EIV~D ['ITY CLERF~ OFF :)~! NOV 29 A9:34 December 6, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Snow Removal Briefing Please reserve space on your 2:00 p.m., agenda for a 15 minute briefing regarding the above subject. JDR:RKB:pr cc: City Attorney Director of Finance Director of Public Works Sincerely, Jari~s D. Ritchie Acting City Manager Snow Removal Briefing December 6, 1999 Honorable Mayor Bowers and Members of City Council: Thank you for this opportunity to provide Council with an update on our City's preparations for snow and ice removal. Before I begin my remarks, I would like to recognize certain individuals that are here today who have a role in our snow removal effort. (Include those present). Preparation for winter storms is a yearly process. Planning for snow and ice removal begins each year during budget preparation. This ~ snow and ice removal budget was actually prepared last winter and spring. At the end of each year's snow and ice season, equipment is checked over for defects and needed repairs, repair parts are ordered, and equipment repairs are scheduled. If funds are available, new or replacement equipment is ordered during spring and summer. As the new equipment comes in, it is made ready for use in the upcoming winter. We begin ma_ior Preparations in October by hookin_o up all snow and ice equipment and once again checking them over to be sure they are ready. In November, drivers are assigned to equipment, given instructions as to their duties, and' provided with a copy of a laminated route map for their assigned snow and ice removal area. With all equipment hooked up, which includes plows and spreaders, all drivers operate their vehicles in test runs on their assigned route. By riding their assigned routes before the snow ever falls, operators can check for any unusual or changed conditions on the roadways for which they are responsible. Training videos are also available to all operators. -2- The City's snow and ice removal program divides the City into 16 areas, each with its own assignment of employees and equipment, to assure equal service throughout the City. Overall responsibility for snow and ice removal is under the leadership of Mr. Bill Stuart, our Manager of Streets & Traffic, whom I introduced earlier. Street & Traffic employees cover the north side of the City while Grounds Maintenance employees are assigned to routes on the south side of the City. Snow and ice events are staffed in 12-hour shifts. City streets are worked in four priorities, based on their importance in the overall traffic scheme. First are the major thoroughfares and known trouble spots (consisting of some bridges or roads with sharp curves and steep slopes) The second priorities are Valley Metro bus routes Followed by school bus routes as the third priority With all remaining neighborhood streets as the fourth priority (With regard to neighborhood streets, residents that have off-street parking can assist our efforts by not parking along the street, if at all possible. Our downtown area presents unique problems. With little space available to pile up the snow, we attempt to melt as much as possible with salt and liquid calcium chloride. Due to traffic and parking in downtown, .we plow as we can during medium to large snows and push the snow toward the curbs. This can, at times, only be done at night when most vehicles are away from downtown. If there is a large accumulation of snow, -3- we must often haul it out of the downtown area. While this is costly and time consuming, it is necessary since large piles of snow in downtown are obviously disruptive to businesses, government services, pedestrians, and Vehicular traffic. Crews with shovels, snow blowers, and tractors are assigned to remove snow and ice on public sidewalks, steps, buildings, plazas, bridges, and other public areas. This is labor intensive work and takes many hours to complete. Citywide, snow removal is truly a team effort, as there are many other departments that are essential to snow and ice removal operations. The Communications Center provides essential contact between office supervisors and crews on the streets, as well as contact with the public. Fleet Management employees keep the varied array of vehicles going by making timely repairs and adjustments. Building Maintenance employees also assist by removing snow at libraries and recreation centers. The City's Public Information Officer keeps the public advised by media announcements of road conditions and other important information. Supply Management's Warehouse also assists with the provision of other materials. We begin this season with a total of 2,500 tons of salt in our two (2) salt domes. An additional 1,000 tons is on order for delivery later this winter. As indicated, we now have two (2) salt domes, one of which was constructed earlier this year at a cost of ~zJ_;~~Q. This gives us the capacity to store a total of 4,400 tons of salt onsite at the Public Works Service Center. -4- We also have on hand 7,500 gallons of liquid calcium chloride and funds to purchase more as needed. (Liquid calcium chloride is applied to some streets to help lower the freezing point on the pavement, so that snow and ice does not bond to the surface of the road. It is also mixed with salt to enhance its effectiveness in melting snow.) During the last few years, the City has funded a good program of replacing old equipment and adding new equipment and technologies to our snow and ice fighting capabilities. This particular chart compares snow removal equipment from FY 96 with the current fiscal year. One of our goals is to have every dump truck that is involved in snow and ice removal ~quipped with n~t only a snowplow but also with a spreader. With additional chemical spreaders this past year, we continue to work toward completion of that goal. I'd also like to emphasize that we remain very aware of our environment and will be as conservative as possible in the use of salt and other chemicals. In closing, I am pleased to provide Council members with our new Snow Removal Guide that has been developed as a source of information for our citizens. The brochure describes our snow removal program, provides some driving tips and other information that we think will be helpful. These brochures will be made available at various city offices, libraries, recreation centers, and fire stations. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk December 13, 1999 File #57 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: A report with regard to the City's curb, gutter andsidewalk program was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. On motion, duly seconded and unanimously adopted, the report was received and filed. Council Member Swain called attention to the need for sidewalk/curb on Cove Road from Lafayette Blvd., to Hershberger Road, N. W., and referred to previous correspondence which rated the project at approximately 150 on the City's list of sidewalk/curb projects. He inquired as to the criteria for rating sidewalk/curb projects, who is the responsible party for project rating, and why was that portion of Cove Road from Lafayette Blvd., to Hershberger Road rated approximately 150 on the priority list. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Robert K. Bengtson, Acting Director, Public Works Charles M. Huffine, City Engineer William L. Stuart, Manager, Streets and Traffic C:'xMy Files~dec 6.wpcl RECE!VE~ '99 NOV 29 December 6, 1999 Council Report No. 99-181 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: At City Council's meeting on September 20, 1999, Councilman William White requested a report on the status of curb, gutter and sidewalk efforts. Specifically, Councilman White was interested in work that had been completed versus work that had been planned, as well as work that remains to be done. A summary of two (2) construction contracts for new concrete curbs and sidewalks (Phase III and Phase IV) is provided in Attachments A and B. A total of over $1 million for these two contracts will result in 43,000 square feet of new sidewalk and 29,000 linear feet of new curb over a two (2) year period. It should also be noted that a "project sign" that includes project funding information will be in place at certain work sites. Curb and sidewalk maintenance is a function of the City's Streets & Traffic Department, which has budgeted $437,797 for curb and sidewalk repair in FY 99-00. Through the end of October, $109,340 has been expended for this purpose. This has resulted in the repair of 47,568 square feet of sidewalk and 865 feet of curb. Supplementing this effort by City crews is the recent creation of a concrete crew from the Sheriff's inmate work program. As an additional area of information, the 1999 street paving program is 92 percent complete. All streets listed in this year's program are complete with the exception of the paving needed on Salem Avenue and Campbell Avenue. These two (2) streets should not be paved until the downtown traffic patterns are changed to two- way travel, which is expected to occur in the latter half of 2000. Therefore, asphalt quantities for these two streets will be reallocated to other A-rated streets which had not been included in this year's paving contract. These additional streets can still be paved before the end of 1999, (weather permitting) while paving for Campbell Avenue and Salem Avenue will be included in the year 2000 paving program for direct coordination with the two-way traffic project. Mayor Bowers and Members of City Council December 6, 1999 Page 2 If any member of Council has further questions regarding this matter, please contact Mr. Bob Bengtson, Acting Director of Public Works, at 853-2741. Respectfully, Jank~s D. Ritchie Acting City Manager JDR:RKB:pr Attachments cc: City Attorney Director of Finance Acting Director of Public Works City Engineer Manager of Streets & Traffic ATTACHMENT "A" PHASE III Start Date: July 1998 Percent Complete: 95% Sidewalk Planned: 23,000 square feet Curb Planned: 12,300 linear feet Contract Amount: $471,850 PROJECT LOCATIONS CURBS Edison Street, N.E. Liberty Road to Fugate Road King Street (south side) Ceylan to Atherly Main Street (west side) Existing to Existing on Windsor Stephenson Avenue, S.W. 2500 and 2600 Block Fill-ins Leon Street, N.W. 1300 and 1400 Block Fill-ins Cornell Drive & Eden Drive Existing to 4531 Eden Drive CURB AND SIDEWALK Orange Avenue, N. W. (south side) 1800 Block Fill-ins Loudon Avenue, N.W. 12th Street to 14th Street Moorman Road, N. W. (north side) Existing to 12th Street 12th Street, N. W. (west side) Moorman to Melrose Burrell Street, N. W. (west side) Orange Avenue to Entrance to Tennis Courts Pechin Avenue, S.E. 1100 Block Fill-ins 1400-1600 blocks Wise Avenue, S. E. * Sidewalk on south side and some curb work Project: New Concrete Sidewalks, Entrances and Curb - Phase III 1 of 2 SIDEWALK Main Street, S. W. (east side) 1506 to Floyd Avenue Main Street, S. W. (east side) Weldon to Windsor Woods Avenue, S. W. (south side) Existing to Franklin Road FILL-INS 1524 Tazewell Avenue, S.E. 90' sidewalk 1032 Woodrow Avenue, S.E. 40' curb and sidewalk 1017 Woodrow Avenue, S.E. 80' curb 323 Preston Avenue, N.E. 85' curb 2118 Mercer Avenue, N.W. 50' curb 2418 Westover Avenue, S.W. 75' curb and sidewalk 2423 Westover Avenue, S.W. 60' curb 2106 Melrose Avenue, N.W. Sidewalk * Added to list - construction to begin soon Project: New Concrete Sidewalks Entrances and Curb - Phase III 2 of 2 ATTACHMENT "B" PHASE IV Start Date: August 1999 Percent Complete: 20% Sidewalk Planned: 20,000 square feet Curb Planned: 16,700 linear feet Contract Amount: $588,611 Contract Time: 365 calendar days PROJECT LOCATIONS CURB Kirk Avenue, S.E. 16th Street to 17th Street Wayne Street, N.E. Noble Avenue to Forest Hill Avenue Carlton Road, S. W. (north side) Devon Road to Devon Road Warwick Street, S. W. (east side) * Alley to Russell Avenue Russell Avenue, S. W. (south side) * Warwick Street to Rolfe Street Rolfe Street, S. W. (west side) * Roanoke Avenue to Russell Avenue Sherwood Avenue (north side) Andrews Road, N. W. (south side) Oliver Road, N. E. Mount Vernon Road to Wakefield Road Existing to Florida Avenue Hurst to Christian Avenue CURB AND SIDEWALK 20th Street, N.W. Staunton Avenue to Hanover Avenue Delaware Avenue, N.W. 2422 Delaware Avenue to Lafayette Boulevard Cove Road, N. W. (south side) * Lafayette Boulevard to Aspen Street Ferncliffe Avenue, N. W. (south side) Home Depot to Routt Road Stewart Avenue, S.E. 12th Street to 13th Street Project: New Concrete Sidewalks, Entrances and Curb - Phase IV 1 of 2 SIDEWALK Florida Avenue, N.W. * Existing to Church walk Staunton Avenue, N.W. 1401 to 1415 FILL INS 194 Christian Avenue, N.E. On Oiiver Road (curb) 527 Highland Avenue, S.E. Sidewalk 1719 Sherwood Avenue, S.W. Curb 4301 Holmes Street, N. E. 900 block Jaimson Avenue, S. E. Curb & Sidewalk Sidewalk * Under Construction Project: New Concrete Sidewalks Entrances and Curb - Phase IV 2 of 2 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 13, 1999 File #184-411 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia ~)ear Mr. Ritchie: A report with regard to the City of Roanoke Affirmative Action Program was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. On motion, duly seconded and unanimously adopted, the report was received and filed. Mr. James Croan, 914 Old Country Club Road, N. W., raised the following questions: How many departments employ no African-Americans? What are the true qualifications of African-American professional employees? How many African-American employees are over qualified for the position they hold? How many African-American secretaries have four year college degrees? How committed is the City to diversity training? Is there a requirement for all City employees to enroll in diversity training? Is conflict resolution a part of diversity training? In regard to Attachment D of the City Manager's report, City of Roanoke Workforce Analysis, how would the figures compare if the Roanoke MSA was not used? Also, in regard to Attachment D, page 2, of the City Manager's report, Mr. Croan requested a clarification of"available workforce percentage". C:kMyFilesklcc6.wpd James D. Ritchie, Sr. December 13, 1999 Page 2 The Mayor requested that Mr. Croan's questions be referred to the Acting City Manager for appropriate response, with a copy to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Kenneth S. Cronin, Manager, Personnel Management Hr. Ja~es Croan, 914 Old Country Club Road, N. W., Roanoke, Virginia 24017 C:kMyFileskiec6.wpd RECEIVED ~9 I~C,-2 ~9:27 December 6, 1999 99-57 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: STATUS REPORT - CITY OF ROANOKE AFFIRMATIVE ACTION PROGRAM BACKGROUND IN CHRONOLOGICAL ORDER IS AS FOLLOW-~: II. The Affirmative Action Plan provides for periodic briefings to City Council on the status of equal and affirmative action employment opportunities in City government. In addition, this report includes the City's efforts in the area of diversity. CURRENT SITUATION IS AS FOLLOWS: Affirmative Action, EEO and diversity activities participated in from April 1997 through October 1999 include: Diversity in the Workforce Team developed a model to evaluate and improve the City's understanding of and appreciation for a diverse workforce. The model has been explained to the City Manager and staff and training to the Leadership Team has been completed. Newman Avenue Associates of Harrisonburg, Virginia was selected by the Diversity in the Workforce Team to conduct diversity training for City employees. This firm has extensive experience in training aimed at reducing prejudice, transforming race and gender conflict and building coalition. City-wide diversity training began November 1998. Approximately 300 City employees have received this day-long training. The Police Department and the Sheriff's Department offer separate diversity training as part of their basic academies and ongoing in- service training programs. Concepts are similar to the City-wide training with emphasis on law enforcement. The initial phase of the Employee Development Program will begin in January 2000 by hiring a consultant to design the program. The intent of this program is to build skills of existing employees to prepare them for internal job opportunities. Required start up funding Honorable Mayor and City Council Page 2 totals $37,000. There is $20,000 allocated in the budget. Implementation will begin with a pilot program. Community Resource Specialist was hired by the Police Department. This employee works primarily with the Vietnamese community to make citizens aware of services available, to translate and to work in youth crime prevention. Recently, this employee developed a program that brings together Vietnamese youth to dialogue about cultural issues. Fire/EMS Chief Grigsby created an ongoing communication system for female employees to address gender issues. ^ human resource professional from the Department of Personnel Management trained and experienced in sexual harassment and related issues acts as an ombudsman for female employees. At least three times a year and more often if needed, all female employees meet together with the ombudsman to discuss the integration of women in the department. Female employees have reported that they find it beneficial to have the opportunity to meet together. They also report that the climate in the department towards female firefighters has steadily improved. Dr. Benjamin Dixon, Vice President of Multicultural Affairs at Virginia Tech, is now a resource in the area of diversity. Recently, Dr. Dixon actively participated in a public safety retreat and made a presentation to the Foundations for Leadership Excellence Program for first line supervisors. Supply Management Department verified businesses that qualify as either a Minority Business Enterprise (MBE) or a Woman Business Enterprise (WBE). The intent of identifying current vendors qualified for MBE/WBE status is to assure their participation in the bidding process while enrolling additional vendors. Linked to this is the hiring of an Economic Development Specialist who works with MBE's and WBE's as a major function of her job. 10. Personnel Management Internship Program has continued to pay dividends. Two interns from last year's program have been hired. New hires from this program total 15 minorities and women within the past four years. Currently, former interns are employed in Billings and Collections, the City Attorney's Office, Real Estate Valuation and Social Services. 11. Summer Youth Program hired 32 interns in its quest to provide meaningful work skills to the City's youth. 12. Mayor's Committee for Persons with Disabilities Personnel Honorable Mayor and City Council Page 3 Management staff continues to serve and participate on committees to ensure that provisions of the Americans with Disabilities Act (ADA) are followed. 13. ADA transition plan, written in 1992, is being evaluated for compliance. This review, to be completed by December 31, 1999, will determine progress made and work yet to be completed. 14. Interviewer Traininq is being revamped to ensure that supervisors participating in interviews are aware of permissible and impermissible questions to ask, particularly in the area of disabilities. 15. Sexual Harassment Training - This training, originally provided for supervisors, has been expanded to all full-time City employees. The program discusses and explains the issue of sexual harassment in the workplace to teach employees how to recognize and deal with any occurrences. In excess of 1700 employees have received this training since its inception and it is now part of the new employee orientation program. 16. Thirteenth Annual Ministerial Luncheon was hosted by the Department of Personnel Management, in conjunction with the Baptist Ministerial Association. It was held at Williams Memorial Baptist Church in Northwest Roanoke. This event, attended by a number of City staff and minority clergy, provided a forum to discuss issues of mutual interest. 17. Roanoke City School Board Business and Technical Education Council is served by Personnel Management staff. Its purpose includes conducting mock interviews, holding annual job fairs and making student applications viable in the job market. 18. Military Base Recruitment - City staff recruited at the following military installations: Andrews Air Force Base; Camp Lejeune Marine Base, NC; Cherry Pt. Marine Base, NC; Ft. Detrick, MD; Ft. Belvoir, VA; Ft. Stewart, GA; Ft. Myer, VA; Ft. Meade, MD; Kings Bay Naval Base, GA; Patuxent River Naval Base, MD; and Seymour Johnson Air Force Base, NC. Additionally, military applicants are provided overnight accommodations in Roanoke for testing. Applicants also are given Personnel Management's toll-free number. 19. College and University Recruitment - The Department of Personnel Management and the Police Department recruited at the following institutions: Benedict College; Bluefield State College; Christopher Newport University; Dabney Lancaster Community College; Fayetteville Tech; Gardner Webb University; Johnson C. Smith Honorable Mayor and City Council Page 4 University; Liberty University; Marshall University; Morris Brown College; Norfolk State University; Old Dominion University; Pembroke University; Radford University; Roanoke College; Shaw University; Southwest Virginia Community College; St. Augustine College; St. Paul's College; University of North Carolina at Pembroke; University of North Carolina at Wilmington; Virginia Union University; Virginia Western Community College; and Wayne Community College. Of the twenty-four institutions visited, nine were traditionally black colleges or universities. 20. Local Recruitment was highlighted by participating in four job fairs including the Roanoke Area Job Fair, the Roanoke Valley Area High Schools Job Fair, Total Action Against Poverty Job Fair and the Virginia Western Community College Job Fair. 21. Fire/EMS assigns a recruiting officer and a recruiting team to target women and minorities in an effort to increase their numbers in the candidate pool. 22. Minority Churches/Fraternities and Sororities Personnel Management provided these groups with weekly jobs available lists and met with them to discuss City activities and recruitment resources. 23. The CityWeb site, has provided an improved method to recruit applicants. The City's weekly job opportunities listing is published on CityWeb, where potential applicants can download a copy of the application. Work is currently underway that will allow an applicant to apply for jobs directly on-line. City Workforce Analysis indicates that the percentage of minority and women employees, when compared to the total workforce composition increased between January 1, 1997 and October 1, 1999. (Attachment A). C. Further Analysis of data (Attachment B) indicates the following: Black males, as a percentage of the work force, increased in the categories of Officials/Managers, Para-professionals and Skilled Crafts. Black females, as a percentage of the workforce, increased in the categories of Officials/Managers, Professionals, Protective Service, Paraprofessional and Clerical. Honorable Mayor and City Council Page 5 VVhite females, as a percentage of the workforce, increased in the categories of Officials/Managers, Protective Service and Para- professional. VVhite males, as a percentage of the workforce, increased in the categories of Professionals and Service/Maintenance. Other males and females, which includes American Indian, Asian, Alaskan Native, Pacific Islander and Hispanic increased slightly or remained the same in all categories where represented. Do Total Numbers (Attachment C) indicate an increase city wide in the number of black females, other males and other females even though total employment decreased from 1,985 to 1,925 during the period January 1, 1997 to October 1, 1999. Available Workforce data (Attachment D) indicates that in most categories the City has continued to maintain a total workforce composition of minorities that equals or exceeds the percentage available in the labor market. Some Key New Hires and Promotions during this time frame include Assistant City Attorney (BM), Economic Development Specialist (BF), Chief of Planning and Community Development (WF), Deputy Director of Real Estate Valuation (WF), Manager of Accounting Services (WF), Manager of Utility Line Services, (BM), Police Chief (BM), Systems Analyst (BF) and Youth Haven Manager (BF). Go City Council hired a new City Manager Darlene Burcham, who will begin work January, 2000. Ms. Burcham will become one of a few women City Managers in Virginia. H. Departmental analysis, by job category, is included in Attachment E. Low unemployment in the Roanoke Valley and Virginia has a significant impact on the City's ability to attract candidates for many jobs. September unemployment data from the Virginia Employment Commission places the Roanoke MSA unemployment at 2.1%, one of the lowest in the state. For example, the Roanoke Police Department and Personnel Management staffs spend more time and effort than ever recruiting both locally and regionally to attract new candidates, particularly minorities. Due to career opportunities available outside of law enforcement and the demands of this type of work, it has been quite difficult to attract candidates. Law enforcement recruitment Honorable Mayor and City Council Page 6 has become so competitive that a number of departments are actively raiding other jurisdictions to attract candidates. Some departments are going to military bases in Europe to attract potential candidates. Salary range and pay increases for public safety officers have had a positive impact on recruiting efforts. Keeping competitive salaries and benefits for all jobs is important if the City is to remain competitive. Ko New initiatives, in addition to current efforts, include contracting for outdoor sign advertising and the use of technology to support increased access to City employment opportunities; evaluating the concept of a public safety cadet program as outlined in the Mayor's State of the City Address; expanding the diversity program to incorporate brown bag lunch sessions in order to discuss ongoing issues; surveying past diversity training program participants to get their reaction to the diversity training and to receive their input regarding future possibilities. In conclusion, national debate continues regarding the fairness and importance of affirmative action. However, the City of Roanoke has strengthened its support and funding to a strong, legal, affirmative action program. By combining past efforts with new initiatives, the City's affirmative action program will be instrumental in supporting City Council's efforts to continue its push for an inclusive and diverse City government. Respectfully submitted, J_a~.~a s D. Ritchie Acting City Manager JDR:ksc CC: William M. Hackworth, City Attorney James D. Grisso, Director of Finance George C. Snead, Director of Public Safety Glenn D. Radcliffe, Director of Human Development Kit B. Kiser, Director of Utilities and Operations Robert K. Bengtson, Acting Director of Public Works Mary F. Parker, City Clerk Diane S. Akers, Acting Assistant City Manager Attachment A CITY EMPLOYMENT YEAR MINORITY MAJORITY 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 19.5% 19.6% 20.3% 22.3% 23.9% 22.2% 22.4% 22.0% 22.9% 23.1% 23.9% 24.5% 24.2% 24.1% 23.5% 23.4% 24.1% 24.3% 23.7% 23.4% 23.3% 23.1% 22.5% 23.4% 80.5% 80.4% 79.7% 77.7% 76.1% 77.8% 77.6% 78.0% 77.1% 76.9% 76.1% 75.5% 75.8% 75.9% 76.5% 76.6% 75.9% 75.7% 76.3% 76.6% 76.7% 76.9% 77.5% 76.6% WOMEN MEN 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 28.8% 29% 28.6% 28.9% 29.1% 29.6% 30.2% 30.9% 31.9% 32.4% 32% 32.8% 34.2% 71.2% 71% 71.4% 71.1% 70.9% 70.4% 69.8% 69.1% 68.1% 67.6% 68% 67.2% 65.8% Attachment B CITY OF ROANOKE WORKFORCE ANALYSIS by Percentage October 1, 1999 OCCUPATIONAL CATEGORY I TOTAL WHITE BLACI~ OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 55.6% 13.9% 0.0% 25.0% 5.6% 0.0% PROFESSIONALS 100.0% 35.4% 4.1% 1.4% 42.6% ~ 15.4% 1.2% TECHNICIANS 100.0% 61.8% 6.4% 1.4% 24.0% 6.4% 0.0% PROTECTIVE SERVICE 100.0% 77.3% 9.5% 1.6% 8.3% 3.1% 0.2% PARA-PROFESSIONAL 100.0% 28.7% 17.0% 0.0% 33.0% 21.3% 0,0% CLERICAL 100.0% 2.3%' 0.9% 0.0% 75.1% 21.1% 0.5% SKILLED CRAFT 100.0% 79.2% 20.0% 0.0% 0.0% 0.8% 0.0%, SERVICE/MAINTENANCE 100.0% 46.2% 40.9% 1.3%; 7.0% 4.7% 0.0% TOTAL NUMBER 1925 993 253 21 482 170 f 6 TOTAL PERCENTAGES 100.0% 51.6% 13.1% 1.1% 25.0% 8.8% 0.3% December 31, 1996 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 68.3% 9.8% 0.0% 19.5%, 2.4% 0.0% PROFESSIONALS 100.0% 34.0% 4.5% 1.2% 44.9% 14.5% 0.9% TECHNICIANS 100.0% 62.3% 5.3% 1.3% 24.7% 6.3% 0.0% PROTECTIVE SERVICE 100.0% 78.7% 10.4% 1.1% 7.2% 2.6% 0.0% PARA-PROFESSIONAL 100.0% 39.1%~ 13.8% 0.0% 31.0% 16.1% 0.0% CLERICAL 100.0% 2.4% 1.4% 0.0% 76.4% 19.2% 0.5% SKILLED CRAFT 100.0% 81.0% 18.3% 0.0% 0.0% 0.8% 0.0%I SERVICE/MAINT~-NANCE 100.0°/0 42.2% 43-9% 0.8°/0 8.3% 4.7°/0 0.0% TOTAL NUMBER 1985 1,039 286 0. ;O~o 485 154 4 TOTAL PERCENTAGES 100.0o/0 52.3% 14.4o/0 24.40/0 7.80/0 0.2% Attachment C CITY OF ROANOKE WORKFORCE ANALYSIS by Number of Employees October 1, 1999 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 36 20 5 0 9 21 0 PROFESSIONALS 345 122 14 5 147 53 4 TECHNICIANS 296 183 19 4 71 19 0 PROTECTIVE SERVICE 515 398 49 8 43 16 1 PARA-PROFESSIONAL 94 27 16 0 31 20 0 CLERICAL 213 5 2 0 160 45 1 SKILLED CRAFT 125 99 25 0 0 1 0 SERVICE/MAINTENANCE 301 139 123 4 21 14 0 TOTAL NUMBER 1925 993 253 21 482 170 6 TOTAL PERCENTAGES 100.0% 51.6% 13.1% 1.1% 25.0% 8.8% 0.3% December 31, 1996 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 41 28 4 0 8 1 0 PROFESSIONALS 332 113 15 4 149 48 3 TECHNICIANS 300 ' 187 16 4 74 19 0 PROTECTIVE SERVICE 531 418 55 6 38 14 0 PARA-PROFESSIONAL 87 34 12 0 27 14 0 CLERICAL 208 5 3 0 159 40 1 SKILLED CRAFT 126 102 23 0 0 1 0 SERVICE/MAINTENANCE 360 152 158 3 30 17 0 TOTAL NUMBER 1985 1,039 286 17 485 154 4 TOTAL PERCENTAGES 100.0% 52,3% 14.4% 0.9% 24.4% 7.8%! 0.2% City Council Briefing CITY OF ROANOKE WORKFORCE ANALYSIS October 1, 1999 Attachment D Page 1 60% ALL OCCUPATIONS 50% 40% ~30% 20% 10% 0% WM BM OM WF BF OF Race/Sex Category · City of Roanoke 96 · City of Roanoke 99 [] Roanoke MSA City City City City Available Employment Employment Percentage Percentage Workforce 12/31/96 10/01/99 12/31/96 10/01/99 Percentage White Males 1,039 993 52.3% 51.6% 46.5% Black Males 286 253 14.4% 13.1% 5.2% Other Males 17 21 0.9% 1.1% 0.5% White Females 485 482 24.4% 25.0% 41.6% Black Females 154 170 7.8% 8.8% 5.8% Other Females 4 6 0.2% 0.3% 0.5% TOTAL 1,985 1,925 100.0% 100.0% 100.0% "Other" category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. City Council Briefing CITY OF ROANOKE WORKFORCE ANALYSIS Attachment D Page 2 OFFICIALS/MANAGERS 8O% 70% 60% 50% ~40% 30% 20% 10% 0% WM BM OM WF BF OF Race/Sex Category · City of Roanoke 96 · City of Roanoke 99 [] Roanoke MSA City City City City Available Employment Employment Percentage Percentage Workforce 12/31/96 10/01/99 12/31/96 10/01/99 Percentage White Males 28 20 68.3% 55.6% 61.5% Black Males 4 5 9.8% 13.9% 2.5% Other Males 0 0 0.0% 0.0% 1, t% White Females 8 9 19.5% 25.0% 32.4% Black Females 1 2 2.4% 5.6% 1.9% Other Females 0 0 0.0% 0.0% 0.6% TOTAL 41 36 100.0% 100.0% 100.0% "Other" category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. City Council Briefing CITY OF ROANOKE WORKFORCE ANALYSIS Attachment D Page 3 60% PROFESSIONALS 50% 40% 30% =0% 10% 0% WM BM OM WF BF OF Race/Sex Category · City of Roanoke 96 · City of Roanoke 99 [] Roanoke MSA City City City City Available Employment Employment Percentage Percentage Workforce 12/31/96 10/01/99 12/31/96 10/01/99 Percentage White Males 113 122 34.0% 35.4% 42.1% Black Males 15 14 4.5% 4.1% 1.8% Other Males 4 5 1.2% 1.4% 0.9% White Females 149 147 44.9% 42.6% 50.3% Black Females 48 53 14.5% 15.4% 4.2% Other Females 3 4 0.9% 1.2% 0.7% TOTAL 332 345 100.0% 100.0% 100.0% "Other" category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. City Council Briefing CITY OF ROANOKE WORKFORCE ANALYSIS October 1, 1999 Attachment D Page 4 70% 60% 50% 40% 30% 20% 10% 0% TECHNICIANS WM BM OM WF BF OF Race/Sex Category · City of Roanoke 96 · City of Roanoke 99 [] Roanoke MSA City City City City Available Employment Employment Percentage Percentage Workforce 12/31/96 10/01/99 12/31/96 10/01/99 Percentage White Males 187 183 62.3% 61.8% 77.5% Black Males 16 19 5.3% 6.4% 8.0% Other Males 4 4 1.3% 1.4% 2.0% VVhite Females 74 71 24.7% 24.0% 9.9% Black Females 19 19 6.3% 6.4% 2.6% Other Females 0 0 0.0% 0.0% 0.0% TOTAL 300 296 100.0% 100.0% 100.0% "Other" category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. City Council Briefing CITY OF ROANOKE WORKFORCE ANALYSIS October 1, 1999 Attachment D Page 5 PROTECTIVE SERVICE 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% WM BM OM WF BF OF Race/Sex Category · City of Roanoke 96 · City of Roanoke 99 [] Roanoke MSA City City City City Available Employment Employment Percentage Percentage Workforce 12/31/96 10/01/99 12/31/96 10/01/99 Percentage White Males 418 398 78.7% 77.3% 77.5% Black Males 55 49 10.4% 9.5% 8.0% Other Males 6 8 1.1% 1.6% 2.0% White Females 38 43 7.2% 8.3% 9.9% Black Females 14 16 2.6% 3.1% 2.6% Other Females 0 1 0.0% 0.2% 0.0% TOTAL 531 515 100.0% 100.0% 100.0% "Other" category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. City Council Briefing CITY OF ROANOKE WORKFORCE ANALYSIS October 1, 1999 Attachment D Page 6 PARA-PROFESSIONAL 80% 70% 60% 50% 40% 30% 20% 10% 0% WM BM OM WF BF OF Race/Sex Category · City of Roanoke 96 · City of Roanoke 99 [] Roanoke MSA City City City City Available Employment Employment Percentage Percentage Workforce 12/31/96 10/01/99 12/31/96 10/01/99 Percentage White Males 34 27 39.1% 28.7% 5.9% Black Males 12 16 13.8% 17.0% 4.1% Other Males 0 0 0.0% 0.0% 0.3% White Females 27 31 31.0% 33.0% 69.1% Black Females 14 20 16.1% 21.3% 19.7% Other Females 0 0 0.0% 0.0% 0.9% TOTAL 87 94 100.0% 100.0% 100.0% "Other" category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. City Council Briefing CITY OF ROANOKE WORKFORCE ANALYSIS October 1, 1999 Attachment D Page 7 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% CLERICAL WM BM OM WF BF OF Race/Sex Category · City of Roanoke 96 · City of Roanoke 99 [] Roanoke MSA City City City City Available Employment Employment Percentage Percentage Workforce 12/31/96 10/01/99 12/31/96 10/01/99 Percentage White Males 5 5 2.4% 2.3% 22.9% Black Males 3 2 1.4% 0.9% 2.4% Other Males 0 0 0.0% 0.0% 0.3% White Females 159 160 76.4% 75.1% 66.8% Black Females 40 45 19.2% 21.1% 7.0% Other Females 1 1 0.5% 0.5% 0.6% TOTAL 208 213 100.0% 100.0% 100.0% "Othef' category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. City Council Briefing CITY OF ROANOKE WORKFORCE ANALYSIS October 1, 1999 Attachment D Page 8 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% SKILLED CRAFT WM BM OM WF BF OF Race/Sex Category · City of Roanoke 96 · City of Roanoke 99 [] Roanoke MSA City City City City Available Employment Employment Percentage Percentage Workforce 12/31/96 10/01/99 12/31/96 10/01/99 Percentage VVhite Males 102 99 81.0% 79.2% 84.8% Black Males 23 25 18.3% 20.0% 7.1% Other Males 0 0 0.0% 0.0% 0.5% VVhite Females 0 0 0.0% 0.0% 6.1% Black Females 1 I 0.8% 0.8% 1.2% Other Females 0 0 0.0% 0.0% 0.3% TOTAL 126 125 100.0% 100.0% 100.0% "Other" category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. City Council Briefing CITY OF ROANOKE WORKFORCE ANALYSIS October 1, 1999 Attachment D Page 9 60% SERVICE/MAINTENANCE 50% 40% 30% 20% 10% 0% WM BM OM WF BF OF Race/Sex Category · City of Roanoke 96 · City of Roanoke 99 [] Roanoke MSA City City City City Available Employment Employment Percentage Percentage Workforce 12/31/96 10/01/99 12/31/96 10/01/99 Percentage White Males 152 139 42.2% 46.2% 49.0% Black Males 158 123 43.9% 40.9% 11.2% Other Males 3 4 0.8% 1.3% 0.9% White Females 30 21 8.3% 7.0% 30.0% Black Females 17 14 4.7% 4.7% 8.2% Other Females 0 0 0.0% 0.0% 0.7% TOTAL 360 301 100.0% 100.0% 100.0% "Other" category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. EMPLOYMENT by Department and EEO Categories TOTAL WM BM OM WF BF OF BILLINGS AND COLLECTION CLERICAL 8 0 0 0 5 3 0 TECHNICIANS 3 1 0 0 1 1 0 OFFICIALS/MANAGERS 1 0 0 0 1 0 0 SERVICE/MAINTENANCE 5 2 1 0 2 0 0 PROFESSIONALS 2 1 0 0 1 0 0 BUILDING INSPECTION TECHNICIANS 15 11 0 0 4 0 0 CLERICAL 3 0 0 0 3 0 0 PROFESSIONALS 2 2 0 0 0 0 0 BUILDING MAINTENANCE CLERICAL 2 SERVICE/MAINTENANCE 6 SKILLED CRAFTSMEN 28 TECHNICIANS 3 CIRCUIT COURT CLERICAL CITIZEN'S REQUEST CLERICAL TECHNICIANS 6 0 0 0 2 0 0 3 3 0 0 0 0 21 7 0 0 0 0 2 0 0 I 0 0 0 0 0 6 0 0 2 0 0 0 I 1 0 2 0 1 0 1 0 0 CITY A'R'ORNEY CLERICAL 3 OFFICIALS/MANAGERS 1 PROFESSIONALS 5 9 CITY CLERK CLERICAL 4 OFFICIALS/MANAGERS 1 PROFESSIONALS 1 CITY INFORMATION SYSTEM PROFESSIONALS 11 TECHNICIANS 18 OFFICIALS/MANAGERS 1 CLERICAL I CITY MANAGER CLERICAL 3 OFFICIALS/MANAGERS 2 0 0 0 3 0 0 1 0 0 0 0 0 4 I 0 0 0 0 0 0 0 3 1 0 0 0 0 1 0 0 0 0 0 1 0 0 7 0 1 2 1 0 5 2 0 8 3 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 2 1 0 1 0 0 1 0 0 Attachment E October 1, 1999 Page 1 EMPLOYMENT by Department and EEO Categories PROFESSIONALS TOTAL WM BM OM WF BF OF 2 O O O I I O CIVIC CENTER SERVICE/MAINTENANCE 4 3 1 0 0 0 0 SKILLED CRAFTSMEN 3 2 1 0 0 0 0 TECHNICIANS 6 3 1 0 2 0 0 PROFESSIONALS 3 0 0 0 2 1 0 OFFICIALS/MANAGERS 1 1 0 0 0 0 0 CLERICAL 7 0 0 0 6 1 0 CLERK OF CIRCUIT COURT CLERICAL PROFESSIONALS COMMISSIONER OF REVENUE PROFESSIONALS CLERICAL COMMONWEALTH ATTY CLERICAL PARA-PROFESSIONAL PROFESSIONALS TECHNICIANS COMMUNICATIONS OFFICIALS/MANAGERS TECHNICIANS 21 2 0 0 16 3 0 1 0 0 0 1 0 0 5 1 1 0 2 1 0 10 1 0 0 6 3 0 4 0 0 0 3 1 0 3 0 0 0 2 1 0 10 4 1 0 3 1 1 2 0 0 0 2 0 0 I 1 0 0 0 0 0 39 13 0 0 23 3 0 COMMUNITY DEVELOPMENT TECHNICIANS 6 CLERICAL 1 PROFESSIONALS 8 OFFICIALS/MANAGERS 1 CRISIS INTERVENTION CLERICAL 2 SERVICE/MAINTENANCE 1 PROFESSIONALS 4 PARA-PROFESSIONAL 5 OFFICIALS/MANAGERS I CUSTODIAL SERVICES PROTECTIVE SERVICE SERVICE/MAINTENANCE 4 0 0 2 0 0 0 0 0 1 0 0 5 1 1 0 1 0 0 0 0 1 0 0 0 0 0 2 0 0 0 0 0 0 1 0 3 0 0 1 0 0 0 0 0 3 2 0 0 0 0 1 0 0 3 3 0 0 0 0 0 29 2 15 0 2 10 0 Attachment E October 1, 1999 Page 2 EMPLOYMENT by Department and EEO Categories DIR OF ADMIN & PUBLIC S CLERICAL OFFICIALS/MANAGERS DIR OF UTILITIES & OPER CLERICAL OFFICIALS/MANAGERS DIRECTOR OF FINANCE CLERICAL OFFICIALS/MANAGERS PROFESSIONALS TECHNICIANS DIRECTOR OF HUMAN DEVEL CLERICAL OFFICIALS/MANAGERS PROFESSIONALS DIRECTOR OF PUBLIC WORK CLERICAL ECONOMIC DEVELOPMENT PROFESSIONALS OFFICIALS/MANAGERS CLERICAL ELECTORAL BOARD CLERICAL EMERGENCY SERVICES OFFICIALS/MANAGERS TOTAL WM BM OM WF BF OF 1 0 0 0 1 0 0 1 1 0 0 0 0 0 1 0 0 0 1 0 0 1 1 0 0 0 0 0 7 0 0 0 7 0 0 3 2 0 0 1 0 0 7 3 0 0 4 0 0 4 0 0 0 3 1 0 1 0 0 0 1 0 0 1 0 1 0 0 0 0 1 0 0 0 0 1 0 1 0 0 0 1 0 0 3 0 0 0 2 1 0 I 1 0 0 0 0 0 1 0 0 0 I 0 0 3 0 0 0 1 2 0 I 0 0 0 I 0 0 ENGINEERING CLERICAL 2 0 0 0 2 0 0 OFFICIALS/MANAGERS 1 1 0 0 0 0 0 PROFESSIONALS 8 6 0 0 2 0 0 SERVICE/MAINTENANCE 2 2 0 0 0 0 0 TECHNICIANS 8 6 1 0 1 0 0 FDETC PROFESSIONALS OFFICIALS/MANAGERS CLERICAL 13 3 1 0 5 4 0 1 0 0 0 0 1 0 I 0 0 0 0 1 0 Attachment E October 1, 1999 Page 3 EMPLOYMENT by Department and EEO Categories TOTAL WM BM OM WF BF OF FIRE-EMS CLERICAL 2 0 0 0 1 1 0 TECHNICIANS 61 57 3 1 0 0 0 PROTECTIVE SERVICE 172 146 15 2 6 2 1 PROFESSIONALS 12 10 1 0 1 0 0 PARA-PROFESSIONAL 21 15 2 0 3 1 0 OFFICIALS/MANAGERS 1 1 0 0 0 0 0 FLEET MANAGEMENT CLERICAL 4 0 1 0 1 2 0 OFFICIALS/MANAGERS 1 1 0 0 0 0 0 SERVICE/MAINTENANCE 6 1 5 0 0 0 0 SKILLED CRAFTSMEN 22 19 3 0 0 0 0 GRANTS MONITORING PROFESSIONALS CLERICAL 4 2 0 1 0 0 HUM DEV GRANTS PROFESSIONALS 1 CLERICAL 1 PARA-PROFESSIONAL 5 JUVENILE DETENTION HOME OFFICIALS/MANAGERS 1 PARA-PROFESSIONAL 25 PROFESSIONALS 3 SERVICE/MAINTENANCE 5 CLERICAL 2 LIBRARY PROFESSIONALS 14 PARA-PROFESSIONAL 18 OFFICIALS/MANAGERS 1 CLERICAL I MUNICIPAL AUDITING TECHNICIANS OFFICIALS/MANAGERS PROFESSIONALS NEIGHBORHOOD PARTNERS CLERICAL PROFESSIONALS 0 0 0 0 1 1 1 0 5 10 1 0 1 1 0 0 0 0 2 2 0 0 0 0 1 0 0 1 1 0 4 2 0 ~ ~ "-'0'- 1 0 0 2 1 0 0 2 0 0 0 1 0 0 0 0 1 0 0 0 1 0 0 2 1 0 0 0 0 0 0 5 5 0 1 1 0 0 0 3 0 0 0 2 0 0 0 11 3 0 0 8 6 0 0 1 0 0 0 1 0 0 0 1 0 0 0 0 0 0 0 0 1 1 --'~ -"T ~ '-T' 0 1 0 0 0 1 0 0 Attachment E October 1, 1999 Page 4 EMPLOYMENT by Department and EEO Categories Attachment E OFFICE OF MANAGEMENT AN OFFICIALS/MANAGERS PROFESSIONALS SERVICE/MAINTENANCE TOTAL WM BM OM WF BF OF 1 1 0 0 0 0 0 4 0 1 0 2 1 0 1 0 1 0 0 0 0 PARKS & GROUNDS MAINTEN SKILLED CRAFTSMEN 14 TECHNICIANS 3 CLERICAL 1 SERVICE/MAINTENANCE 61 PROFESSIONALS 4 PERSONNEL MANAGEMENT CLERICAL 5 OFFICIALS/MANAGERS 1 PROFESSIONALS 8 TECHNICIANS 2 POLICE TECHNICIANS 51 PROTECTIVE SERVICE 192 PROFESSIONALS 18 OFFICIALS/MANAGERS 1 CLERICAL 19 REAL ESTATE VALUATION PROFESSIONALS 1 TECHNICIANS 8 OFFICIALS/MANAGERS 1 CLERICAL 3 RECREATION CLERICAL 5 OFFICIALS/MANAGERS 1 PARA-PROFESSIONAL 2 PROFESSIONALS 15 STP TECHNICIANS 5 SKILLED CRAFTSMEN 17 SERVICE/MAINTENANCE 24 PROFESSIONALS 1 CLERICAL 3 SHERIFF SERVICE/MAINTENANCE 4 TECHNICIANS 25 12 2 0 0 0 0 3 0 0 0 0 0 0 0 0 0 1 0 35 20 2 4 0 0 3 0 0 1 0 0 0 0 0 4 1 0 1 0 0 0 0 0 3 1 0 3 1 0 0 0 0 0 2 0 30 1 I 12 7 0 156 17 6 11 2 0 16 1 0 1 0 0 0 I 0 0 0 0 0 0 0 16 3 0 0 0 0 1 0 0 3 2 0 2 1 0 0 1 0 0 0 0 0 0 0 2 1 0 0 0 0 4 1 0 1 0 0 0 0 0 2 0 0 0 0 0 6 1 0 5 3 0 4 0 0 1 0 0 16 1 0 0 0 0 14 8 0 2 0 0 1 0 0 0 0 0 0 0 0 3 0 0 0 0 0 2 2 0 18 2 1 3 1 0 October 1, 1999 Page 5 EMPLOYMENT by Department and EEO Categories TOTAL WM BM OM WF BF OF PROFESSIONALS 17 12 1 I 1 2 0 PROTECTIVE SERVICE 145 90 17 0 26 12 0 PARA-PROFESSIONAL 1 0 0 0 1 0 0 CLERICAL 4 0 0 0 3 1 0 SOCIAL SERVICES PROFESSIONALS 144 22 3 1 89 27 2 TECHNICIANS 1 0 0 0 1 0 0 OFFICIALS/MANAGERS 1 0 0 0 1 0 0 PARA-PROFESSIONAL 9 0 0 0 5 4 0 CLERICAL 40 1 0 0 26 12 1 SOLID WASTE MGMT CLERICAL 3 0 1 0 1 1 0 OTHER 1 1 0 0 0 0 0 SERVICE/MAINTENANCE 53 14 37 1 1 0 0 SKILLED CRAFTSMEN 3 1 1 0 0 1 0 TECHNICIANS 1 1 0 0 0 0 0 STREETS AND TRAFFIC SERVICE/MAINTENANCE 38 SKILLED CRAFTSMEN 14 TECHNICIANS 15 PROFESSIONALS 1 OFFICIALS/MANAGERS 1 CLERICAL 3 SUPPLY MANAGEMENT SERVICE/MAINTENANCE OFFICIALS/MANAGERS PROFESSIONALS CLERICAL TREASURER CLERICAL PROFESSIONALS 22 14 0 2 0 0 8 6 0 0 0 0 11 4 0 0 0 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 2 0 4 3 0 0 1 0 0 I 1 0 0 0 0 0 1 I 0 0 0 0 0 3 0 0 0 3 0 0 10 I 0 0 9 0 0 3 I 0 0 1 1 0 UTILITY LINE SERVICES TECHNICIANS 10 SKILLED CRAFTSMEN 7 SERVICE/MAINTENANCE 47 OFFICIALS/MANAGERS 1 CLERICAL 4 WATER SERVICE/MAINTENANCE 10 TECHNICIANS 6 7 1 1 1 0 0 7 0 0 0 0 0 32 14 1 0 0 0 0 1 0 0 0 0 0 0 0 3 I 0 5 3 0 2 0 0 3 1 0 2 0 0 Attachment E October 1, 1999 Page 6 EMPLOYMENT by Department and EEO Categories TOTAL WM BM OM WF BF OF SKILLED CRAFTSMEN 17 13 PROTECTIVE SERVICE 3 3 OFFICIALS/MANAGERS 1 1 CLERICAL 2 0 YOUTH HAVEN I CLERICAL 1 0 OFFICIALS/MANAGERS 1 0 PARA-PROFESSIONAL 5 2 PROFESSIONALS 1 1 SERVICE/MAINTENANCE 1 0 YOUTH SERVICES PROFESSIONALS 1 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 1 0 0 0 0 0 1 0 1 0 2 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 I 0 Attachment E October 1, 1999 Page 7 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 13, 1999 File #379 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34579-120699 approving and adopting a Greenway Policy to facilitate plan. ning, development, ownership, operation and maintenance of greenways in the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Liz Belcher, Greenway Coordinator, P. O. Box 29800, Roanoke, Virginia 24018 James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Chades M. Huffine, City Engineer Evelyn S. Lander, Chief, Planning and Community Development John W. Coates, Manager, Parks and Recreation Michael A. Loveman, Superintendent, Parks and Grounds C:MMyFilesklec6.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1999. No. 34579-120699. AN ORDINANCE approving and adopting a Greenway Policy; and providing for an emergency. WHEREAS, this Council endorsed the Roanoke Valley Conceptual Greenways Plan ("Plan") on April 21, 1997, and amended the City's Comprehensive Plan to include the Plan by Ordinance No. 33357-042197; and WHEREAS, several greenway projects are in process of development with the City; and WHEREAS, this Council desires to establish a policy to guide the planning, development, ownership or maintenance ofgreenways, as well as a policy allowing or defining the acquisition of properties or property rights for a greenway project. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. This Council approves and adopts the Greenway Policy which is more particularly set forth in Attachment A of the report to this Council dated December 6, 1999. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD-GEN~O-GreenwayPolicy- 11-30-99 ~IECEIYED CITY r~ ~'~:~ r:s~' ~- December 06, 1999 Council Report 99-418 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council SUBJECT: Adoption of a Greenway Policy 1/29/99 Back~round in chronological order is as follows: A. The City endorsed the Roanoke Valley Conceptual Greenways Pla, on April 21, 1997, and amended the City's Comprehensive Plan to include this Plan (Ordinance #33357-042197). The Plan was the result of the work of the Roanoke Valley Greenway Steering Committee (RVGSC), which included the Cities of Roanoke and Salem, the County of Roanoke, and the Town ofVinton. RVGSC has been replaced by the Roanoke Valley Greenway Commission (RVGC), with the same participants. In developing the Plan, RVGSC expected that while the RVGC and a non-profil friends group "would assist with greenway coordination and development, the primary control of greenways within a jurisdiction would be the responsibility of that govermnent." (from a January 24, 1997 letter to Council from RVGSC) B. Several greenway projects are in the process of development within the City. 1. Planning of the Roanoke River Greenway will begin soon. A short section through Smith Park has been built. The Roanoke River Flood Reduction Project includes design and construction of a greenway trail for 2.7 miles of the 9.7 miles of the Roanoke River within the City limits. 2. The Lick Run Greenway is proposed to stretch from downtown to Valley View Mall. Planning and design are near completion for the northernmost segment. 3. The Mill Mountain Greenway is in the final planning stages:. Funding for this project has been provided in the Capital Improvement Program. 4. The Tinker Creek Greenway is routed to follow the sewer line recently installed, but the greenway is not built or funded. 5. The Railside Linear Walk is under construction. 6. The Greater Raleigh Court Civic League is planning a greenway using a grant from City through the Neighborhood Partnership. The first phase of Rpt-GW Policy.doc Honorable Mayor and Members of City Council Adoption of Greenway Policy December 06, 1999 Council Report 99-4 ! 8, Page 2 II. III. IV. the greenway will run from Shrine Hill Park and Patrick Henry High School to Fishburn Park Elementary School. Current situation is as follows: mo Issues A. B. C. D. E. F. G. The City has no policy guiding the planning, development, ownership or maintenance of greenways, and no policy allowing or defining the acquisition of properties or property rights for greenways. A policy is needed because citizens continue to request greenway development and because several greenway projects are in the planning stages. The plan for the Lick Run Greenway includes several privately-owned propertie:; which a___.~re to be conve ed to the Cit for the construction of the reenwa . The value of these parcels is part of the local match to the federal funds provided through VDOT's Transportation Enhancements Program. The current property owners of record have agreed to donate the properties for the project. A policy is needed to allow the City to receive the properties so that the project may proceed. The Railside Linear Walk is currently under construction. A policy is needed to manage long term ownership and maintenance issues. in order of importance: Need Ownership Safety Timing Capital Costs Operating Costs Funding Alternatives in order of feasibility are: A. Council adopt the Greenway Policy in Attachment A, which sets a working definition of greenways; establishes general procedures for planning; sets guidelines for development; provides guidelines for acquisition and ownership of properties and property rights; and addresses funding for development, operation, and maintenance of greenways. 1. Need. Citizens strongly support the development of greenways throughout the City, most recently shown during workshops for the Comprehensive Parks & Recreation Master Plan. 2. Ownership. The policy designates public greenways within the City limits as City park facilities. 11/29/99 Rpt-GW Policy doc Honorable Mayor and Members of City Council Adoption of Greenway Policy December 06, 1999 Council Report 99-418, Page 3 o .Safety. The adoption of appropriate design and construction guidelines should assure that the City's greenway system is functionally safe and secure for its users. o Timing. Construction of the Lick Run Greenway and the Mill Mountain Greenway could commence within months after appropriate City policies are set in place. The Railside Linear Walk is already under construction. Planning of the Roanoke River Greenway is set to begin. Capital Costs. Capital costs for trail construction can vary widely, with typical estimates being $200,000-500,000 per mile for a 10' wide paved urban trail. a. The development budget for the 2-mile Mill Mountain Greenway is $740,000 ($370,000/mile), including $250,000 City funds. b. Construction of the 3-mile Lick Run Greenway from the new overpass over 1-581 to the Hotel Roanoke is estimated at $1.2 million ($400,000/mile), with most of the money coming from VDOT and the most of the local match coming from the value of properties being donated. c. The budget estimate for the 2.7 mile Roanoke River Greenway Trail (part of the Flood Reduction Project) is $3,004,000 ($1,100,000/mile) with 50% City funding and 50% federal funding. 6. Operating Costs. Annual operating costs for a 10' wide paved urban trail can be estimated to vary from $5,000-10,000 per mile, depending on site conditions and the design of the trail, plus re-paving every 10-20 years. These include routine inspections, mowing, tree maintenance, cleanup, erosion repair, vandalism repair, and maintenance of trailside amenities. (The consultant selected for the Roanoke River Greenway project provided these figures, based on experiences in other cities.) a. Mill Mtn. Greenway maintenance could cost $9-18,000 per year. b. Lick Run Greenway maintenance could cost $15-30,000 per year. 7. Funding. The proposed policy enables staff to pursue grant opportunities and other alternative funding sources. VDOT's Transportation Enhancements Program is the primary funding source for the Lick Run Greenway and the Mill Mountain Greenway. It funds up to 80% of a project's costs, with property costs commonly used for the local match. Council not adopt the attached policy regarding greenways. 1. Need. Citizens' stated desires for greenway development will not be met. 2. Ownership will not be resolved. I 1/29/99 Rpt-GW Policy doc Honorable Mayor and Members of City Council Adoption of Greenway Policy December 06, 1999 Council Report 99-418, Page 4 go 3. Safety. No guidelines will guide the design or construction of greenways in the City. 4. Timing. Absence of a policy will delay the development of the greenway system. 5. Capital Costs. Greenway development will continue to be fragmented. 6. Operating Costs. If greenways can be owned and maintained in the absence of the policy, their management might be fragmented, eliminating any cost efficiencies. 7. Funding. Staff might be hampered in pursuing alternative funding, and therefore will be more reliant on City funds for development and management of greenways. Recommendation is that Council concur in Alternative A and adopt the attached Greenway Policy. Attachments A. Greenway Policy B. tR~lly sublxkitted' itchie y Manager Roanoke Valley Greenway Design Guidelines (latest draft, October 1997) CC' City Attorney City Clerk Director of Finance Director of Public Safety Director of Public Works Director of Utilities City Engineer Chief of Planning and Community Development Manager, Parks & Recreation Superintendent, Parks & Grounds 11/29/99 Rpt-GW Policy doc ATTACHMENT A GREENWAY POLICY 1/29/99 Definition. Greenways are open space corridors managed for conservation, recreation, and/or alternative transportation. a. Greenway trails constitute a public trail system for recreational and non- motorized transportation, often linking special pans of the City. As avenues for public passage, greenways accommodate multi-modal uses such as walking, bicycling, skating, skateboarding, dog-walking, and strolling. Where greenway trails coincide with City sidewalks, these multi-modal uses may be allowed. b. Greenways in the City shall be publicly maintained, although citizens and civic groups may volunteer to assist in the maintenance of the greenways. c. Greenways are linear parks, and as such, maintenance is the responsibility of the Department of Parks & Recreation. Planning Procedures. Greenway planning should include the participation of the adjacent neighborhoods and civic groups. a. Greenway planning should be coordinated with other Valley jurisdictions to ensure maximum compatibility and continuity of the regional system. b. Greenway planning and design should be coordinated with the various City agencies, e.g., public works, utilities, crime prevention, and community development, to ensure compatibility. c. Civic groups should be invited to provide voluntary greenway development and maintenance functions, such as in the Adopt-A-Park program. Development Guidelines. Public greenways will be developed to the extent feasible following the guidelines found in Greenways: A Guide to Planning, Design, and Development, by Charles A. Flink and Robert M. Searns, published by Island Press, 1993; and Guide for the Development of Bicycle Facilities, American Association of State Highway Transportation Officials, 1999. Property Ownership. The City will accept properties and property rights for the development of greenways. The following items relate to properties in areas where greenways are shown in the City's Comprehensive Plan. a. Greenways in the City will generally be on properties owned fee simple by the City and under Department of Parks & Recreation control, but other scenarios can be acceptable, such as City-held easements across privately-owned property. Greenway easements are all of those property rights that allow the use of a property for greenways. b. Properties and property rights should be obtained by donation where possible. .Funding. Appropriate operation and maintenance funds should be allocated to the Department of Parks & Recreation or another responsible agency before any greenway is accepted for public maintenance or opened for public use. Rpt-GW Policy.doc Funding requests for greenway development and construction may be submitted in the Capital Improvement Program process. Funding requests for greenway operation and maintenance may be submitted as part of the annual budget process. Alternative funding strategies for developing, operating and maintaining the system will be pursued, including public/private partnerships, donations, grants and other opportunities. 11/29/99 Rpt-GW Policy.doc Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 13, 1999 File #72-226 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34580-120699 authorizing the City Manager to enter into a contract with Total Action Against Poverty, for provision of services to citizens of the City of Roanoke, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, 145 Campbell Avenue, S. W., Roanoke, Virginia 24011 James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:hMyFilcsktcc6.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December, 1999. No. 34580-120699. A RESOLUTION authorizing the City Manager to enter into a contract with Total Action Against Poverty (TAP), to provide certain program services for the City, upon certain terms and conditions. BE IT RESOLVED by the Council for the City of Roanoke that the City Manager or his designee, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, a contract with Total Action Against Poverty (TAP), subject to program funding, in order to provide certain program services for the City, as more particularly set forth in the report and attachments to this Council dated December 6, 1999. ATTEST: City Clerk. H:'xRES~.-TAP99-Services- 12-6-99 ~ECEIYED December 6, 1999 Council Report #99-726 The Honorable David A. Bowers, Mayor and Members of City Council SUBJECT: Contract for Services with Total Action Against Poverty, Inc. Dear Mayor Bowers and Members of Council: I. Background Total Action Against Poverty (TAP) has been receiving funding from the City of Roanoke since 1974. Until Fiscal Year 1986-87, funding for the agency was included in the annual recommendation to Council by the Citizens Services Committee. In 1987, TAP was removed from the Citizen Services Committee category and began submitting its budget request to the City Manager, for recommendations to City Council During Fiscal Year 1995-96, City Council approved the reformatting of the Citizens Services Committee into two committees, to review funding requests from cultural and human service agencies including agencies. TAP was requested to submit information to the City's Office of Human Development to contract for direct service provisions. II. Current Situation The Director of Human Development and TAP met to develop proposed program services to be provided by TAP on behalf of the city for the period July 1, 1999 through June 30, 2000. B. Program Services to be provided by TAP include the following categories: 2. 3. 4. 5. 6. Community Development Education and Employment Transitional Living Center (TLC) Offender Services Women's Resource Center (WRC) Single Room Occupancy (SRO) Co The Director of Human Development and TAP developed performance measures for goals and objectives of the proposed services which are included in the contract. This information is included as Attachment A to the report. Performance measures will be evaluated by staff of the Human Development Directorate to assure the delivery of services to Roanoke City citizens on a monthly, quarterly, or annual basis depending on the particular activity. Eo TAP provided direct services for the city of Roanoke. The proposed contract with TAP will provide for a definitive level of specified, measurable services. Further, it will provide for performance measures and monitoring for contract compliance. This budgeted item is now included in the Human Development support category in the Fiscal Year 1999-00 adopted budget. Fo TAP shall indemnify and hold harmless the city against any costs that may arise out of or result from TAP's providing the services under this agreement. III. Issues A. Services to be provided by TAP to Roanoke City Citizens B. Funding C. Timing IV. Alternatives mo City Council authorize the Acting City Manager or designee to contract with TAP to provide the services as described in the contract and Attachment A. Services to be provided by TAP to Roanoke Ci_ty Citizens have been reviewed to ensure that duplication of programs provided by city departments does not occur. Funding for the agency in the amount of $203,615 had been included in the Fiscal Year 1999-00 adopted budget in general fund account numbers 001-054-5230-3700 and 001-054-5230-3715. 3. Timing is important so that services may continue. Bo City Council not authorize the Acting City Manager or his designee to contract with TAP to provide the services as described in the contract and Attachment A. Services to Roanoke City citizens would need to be provided by either the city of Roanoke or other agencies. 2. Funding would remain available. Timing is important since the services could be delayed or disrupted if the contract with TAP was not approved. V. Recommendation Ci_ty Council concur in Altemative A and authorize the Acting City Manager to contract with TAP to provide the services as described in the contract and Attachment A. Respectfully submitted, · Ritchie Acting City Manager JDR:gr attachment CC2 William M. Hackworth, City Attorney Mary Parker, City Clerk James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development Sherman Stovall, Acting Budget Administrator Theodore J. Edlich, III, Executive Director, Total Action Against Poverty CONTRACT BETWEEN THE CITY OF ROANOKE AND TOTAL ACTION AGAINST POVERTY FOR PROGRAM SERVICES THIS AGREEMENT is made and entered into this 16th day of July 1999, by and between the following parties: City of Roanoke (herein called the "City") 215 Church Avenue, S.W. Roanoke, Virginia 24011 and Total Action Against Poverty in Roanoke Valley (herein called "TAP") P.O. Box 2868 Roanoke, Virginia 24001-2868. WHEREAS, the City has been authorized by its City Council pursuant to Resolution No. 34265-051199, adopted May 11, 1999, to appropriate funds for TAP to provide services for the benefit of citizens of the City in the following categories: (1) (2) (3) (4) (5) (6) Community Development Education & Employment Transitional Living Center (TLC) Offender Services Women's Resource Center (WRC) Single Room Occupancy (SRO) 1. SCOPE OF SERVICES: TAP shall: (a) In conjunction with appropriate City departments, assist low-income neighborhood groups in diagnosing their needs, setting goals, developing and implementing action plans; (b) provide support for and assistance to community organizations that serve minority and low-income residents, on critical issues affecting their lives, including organizing, development and fund raising activities; (c) provide referrals for low-income citizens who are in need; (d) provide a range of educational and training activities designed to improve academic achievement levels and to develop employment skills of Iow-income clients; Services Contract --- Roanoke City/TAP 99-00 (e) provide job skills training and support services in order to assist low-income adults in maintaining meaningful employment or successful training in the operation and maintenance of micro-business ventures; (f) reduce the number of homeless persons in the City by providing comprehensive emergency and transitional housing services designed to assist participants in developing stable lifestyles, stable income and independent living skills; (g) reduce the number of homeless persons in the City by providing opportunities to develop and/or increase income; (h) prevent Transitional Living Center participants from becoming homeless again; (i) assist in the successful transition and reentry of state ex-offenders returning to the City; (j) assist in the successful transition and re-entry of local, short-term City ex-offenders; and (k) provide opportunities and support to abused women, enabling them to end or correct abusive relationships and to develop healthy lifestyles; (1) assist with the repairs and upkeep of the housing associated with the SRO program. The objectives of these services are set forth in Exhibit A which is attached hereto and incorporated by reference herein. 2. TIME OF PERFORMANCE: This Agreement shall be for the period of July 1, 1999 through June 30, 2000. 3. BUDGET: The total amount of funds to be provided by the City to TAP shall not exceed $203,615. This sum shall be subject to the availability of funds in the City's 1999-2000 Operating Budget. 4. PROPOSED PAYMENT SCHEDULE AND PROCEDURES: On a quarterly basis, the City will pay TAP subject to the terms of this Agreement for the services provided. The first quarterly payment will be made by October 30, 1999. The three following quarterly payments will each be made subject to the terms of this Agreement within thirty (30) days of receipt of the payment request. Requests for payment from TAP must be accompanied by the required reports and other information as set forth in the Performance Measures for Proposed Programs Provided by TAP for the City of Roanoke, a copy of which is attached hereto as Exhibit B and incorporated by reference herein. Payment requests, reports and other information must be submitted to Glenn D. Radcliffe, Director of Human Development, Room 356, 215 Church Avenue, S.W., Roanoke, Virginia 24011, for initial review. TAP shall submit requests, reports, and other information as follows: 2 Services Contract --- Roanoke City/TAP 99-00 (a) October 30, 1999, for services provided during July, August and September; (b) January 31, 2000, for services provided during October, November, and December; (c) April 30, 2000, for services provided during January, February, March; (d) July 30, 2000, for services provided during April, May and June. Approval for payment will be made by the Director of Human Development with the assistance of other City departments. If in the opinion of the City's Director of Human Development all performance measures as set forth in Exhibit B are being met, and all information and reports submitted by TAP meet with the'approval of the Director of Human Development, payment for all quarters except the first will be made to TAP within 30 working days from the date the City receives the payment request. The City reserves the right to refuse payment to TAP in the event that the Director of Human Development is not satisfied that TAP has met the performance measures or provided the appropriate information or reports as set forth in Exhibit B. The City reserves the right to refuse payment to TAP in the event that TAP submits the request for payment after 90 calendar days from June 30, 2000, the contract expiration date. 5. INDEMNIFICATION: TAP shall indemnify and hold harmless the City, its officers, agents, consultants and employees, against any and all loss, cost, or expense, including reasonable attorney's fees and costs of defense, resulting from any claim, whether or not reduced to a judgment, and for any liability of any nature whatsoever, that may arise out of or result from TAP's intentional or negligent acts or omissions in providing the services under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. 6. COMPLIANCE WITH LAWS. RULES AND REGULATIONS: TAP agrees to abide by and comply with all applicable federal, state and local laws, rules and regulations relating to specific programs performed hereunder. The City reserves the right to withhold payment if TAP fails to comply with the terms and procedures outlined in this Agreement. 7. RECORDS AND REPORTS: TAP shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City personnel shall have free access to those records during the Agreement duration and the following three- year time period. Services Contract --- Roanoke City/TAP 99-00 8. CLIENT DATA: TAP shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Unless otherwise provided by applicable federal, state or local law, such information shall be made available to the Director of Human Development or his designees for review upon request. 9. CLIENT INVOLVEMENT: TAP shall involve, to the maximum extent practicable, the clients it serves in assisting with provision of services. 10. NON-DISCRIMINATION: During the performance of this Agreement, TAP agrees to not discriminate against any client, applicant for service, subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin. TAP agrees to post in conspicuous places, notice setting forth the provisions of this non-discrimination clause. TAP, in all solicitations or advertisements for employees placed by or on behalf of TAP, will state that TAP is an equal opportunity employer. 11. SECTION 504: Although this is not a federally assisted program, TAP agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against the disabled. 12. RELIGIOUS AND POLITICAL ACTIVITIES: Although the funds to be paid to TAP pursuant to this Agreement are not Community Development Block Grant (CDBG) funds, TAP agrees that the funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200(j), a copy of which is attached hereto as Exhibit C and incorporated by reference herein. TAP agrees that no funds provided pursuant to this Agreement shall be used to pay, lend, or to allow anything of value to be contributed to a party, committee, organization, agency, or person for political purposes. TAP further agrees that no funds provided pursuant to this Agreement shall be used directly or indirectly to coerce, attempt to coerce, command or advise any person, party, committee, organization, or agency to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes. Services Contract --- Roanoke City/TAP 99-00 13. FORMAL PROCESS FOR TERMINATION OF SERVICES: If it is necessary for TAP to terminate services to any individual or family because they violate program requirements, TAP may terminate assistance in accordance with a formal process established by TAP, and satisfactory to the City that recognizes the rights of the individuals affected. This process may include a hearing. 14. CONFIDENTIALITY OF CLIENTS: TAP must establish procedures satisfactory to the City which ensures the confidentiality of clients. 15. SUSPENSION AND TERMINATION: Suspension or termination of this Agreement may occur if TAP materially fails to comply with any term of this Agreement. This Agreement may be terminated for any reason by the City or TAP upon thirty (30) days written notification to the other party, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. No payment will be made for services provided or expenses incurred after TAP's receipt of notice of termination, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. In the event that sufficient funds are not appropriated by the local, state or federal government, at the sole discretion of the City, this Agreement may be terminated in whole or in part. 16. REVERSION OF ASSETS: Upon expiration of this Agreement, or amendments thereto, TAP shall transfer to the City any funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of funds provided by the City. "Program income" means gross income received by TAP directly generated by the use of City funds. 17. ANNUAL AUDIT AND MONITORING: TAP shall provide for an annual independent audit of all expenditures incurred in providing the services pursuant to this Agreement. Copies of said audit report shall be furnished to the City's Director of Human Development and Director of Finance within thirty (30) days of completion of the audit, no later then eight months following the year-end. 18. THIRD-PARTY CONTRACTS: The City shall not be obligated or liable hereunder to any party other than TAP. Services Contract --- Roanoke City/TAP 99-00 19. ENTIRE AGREEMENT: This Agreement, including all of its attachments, represents the entire Agreement between the parties, and this Agreement shall not be modified, amended, altered or changed, except by written Agreement executed by the parties. 20. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. 6 Services Contract --- Roanoke City/TAP 99-00 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: Mary F. Parker, City Clerk ATTEST: CITY OF ROANOKE By, City Manager/Assistant City Manager TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY Katherin Elam Secretary to the Board By. William E. Skeen Deputy Director APPROVED AS TO FUNDS AVAILABLE APPROVED AS TO FORM Director of Finance Assistant City Attorney Account No. 001-054-5230-3700 APPROVED AS TO EXECUTION Assistant City Attorney 7 Services Contract --- Roanoke City/TAP 99-00 Exhibit A 1999-2000 TOTAL ACTION AGAINST POVERTY PROGRAMS IN ROANOKE CITY I. COMMUNITY DEVELOPMENT GOAL I: In conjunction with appropriate City Departments, provide assistance and build capacity among Iow income neighborhood groups in diagnosing their needs, setting goals, developing and impleme, nting action plans and building community leadership skills. OBJECTIVES: A. To provide technical assistance and training to the Loudon-Melrose Organization in conducting a multi-facetted community design and development initiative. This will include completing their housing inventory, identifying priority problem areas to be addressed in the community and developing and implementing specific actions including gaining access to abandoned property and vacant lots, developing a homeowners organization and new housing options for its residents. Initiate similar community design and development initiatives in the Hurt Park and Gainsboro neighborhoods, including the completion of housing inventories, community mapping, issue identification, and training and capacity building for residents of those communities. GOAL II: To provide technical assistance and support to community organizations that serve minority and low-income residents, on critical issues affecting their lives, including organizing, development and fund-raising activities. OBJECTIVES: A. To coordinate and deliver 10 community education workshops in low income communities on topics agreed upon by the Roanoke City Department of Human Development. To work with fraternities, sororities, churches, and community organizations to support strong role models for minority and low-income youth. To provide technical assistance to neighborhood groups and associations including: Board training and recruitment, development and maintenance. To assist other organizations as asked. Do To involve inner city neighborhood organizations in the promotion of Blue Ridge Housing and Development Corporation and Home Buyers Club. Services Contract --- Roanoke City/TAP 99-00 GOAL III: To provide referrals for Iow income citizens who are in need. OBJECTIVE: A. To act as a referral agency in emergency or crisis situations for 100 Roanoke City residents. II. EDUCATION AND EMPLOYMENT GOAL I: To provide a range of educational and training activities designed to improve academic achievement levels and to develop employment skills of low-income clients OBJECTIVES: A. To serve 25 disadvantaged youth by assisting them in completing their secondary education or obtaining their GED certificate; to provide tutorial remedial education, job training/placement services. To conduct Adult Basic Education classes for 15 Roanoke City adults who do not have a high school diploma. C. To provide literacy tutorials to 10 Roanoke City residents. GOAL II: To provide job skills training and support services in order to assist low-income adults in maintaining meaningful employment or successful training in the operation and maintenance of micro- business ventures. OBJECTIVES: A. To provide a 3-6 month training course for 10 Roanoke City residents in data entry, word processing and PC operation; accounting, business math, business English, typing and office procedures. Bo To provide training in developing, maintaining and capitalizing micro business ventures to 40 Roanoke City residents. To provide business start-up micro loans to 10 residents. Co To provide job development and placement services, providing 25 Roanoke City residents "hands-on" training specifically tailored to employer needs. III. TRANSITIONAL LIVING CENTER GOAL I: To reduce the number of homeless persons in the City of Roanoke by providing comprehensive emergency and transitional housing services designed to assist participants in developing stable life styles, stable income and independent living skills. OBJECTIVES: A. EMERGENCY SHELTER - Provide 24 hour daily shelter, food; clothing and supportive services (Case management, employment counseling) for up to 60 days to 80 homeless persons not served adequately by other homeless programs in the City. Services Contract --- Roanoke City/TAP 99-00 TRANSITIONAL HOUSING - Provide long-term temporary housing, case management, counseling and life-skills training for 100 homeless Roanoke City participants. PLACEMENT IN PERMANENT HOUSING - Assist 55 Transitional Living Center residents in locating, assessing, accessing and moving into safe, affordable permanent housing. GOAL II: To reduce the number of Roanoke City homeless by providing opportunities to develop and/or increase income. OBJECTIVES: A. JOB DEVELOPMENT AND PLACEMENT SERVICES - Provide job placement services to 100 Transitional Living Center employable residents with 80% of participants or 80 adults obtaining unsubsidized employment. JOB COUNSELING - Provide job counseling services, (career planning and job readiness activities) to 30 adult chronic unemployed participants, with 50% (115 persons) obtaining employment. GOAL III: To prevent transitioned TLC participants from becoming homeless again. OBJECTIVE: A. CASE MANAGEMENT SERVICES - To provide case management, follow-up services for a period of 6-12 months, as needed, for 55 Roanoke City TLC participants transitioned to permanent housing. IV. OFFENDER SERVICES GOAL I: To assist in the successful transition and re-entry of state ex-offenders returning to Roanoke City. OBJECTIVES: A. PRE-RELEASE TRAINING - To prepare inmates (within 6 months of release) for a successful re-entry. ASSESSMENT SERVICES - To provide individual needs assessment services to 125 returning Roanoke city ex-offenders (basic needs re: employment, housing, clothing, transportation, food and referrals, etc.) EMPLOYMENT COUNSELING AND PLACEMENT - Provide employment and career counseling to 100 participants, with 75% employment placement rate. To provide opportunities for job-related information to 100 participants through Job Club activities. COUNSELING - Provide one-on-one and family counseling to 80 ex-offenders and their family members. 10 Services Contract --- Roanoke City/TAP 99-00 TRANSPORTATION - Provide transportation for job interviews, job placement, medical, housing appointments and other appointments for 100 participants. BASIC SERVICES/REFERRALS - Provide emergency food, clothing and housing as necessary. Provide medical, housing, financial, and other human and social services referrals for 135 Roanoke City participants. G. SUPPORT GROUPS - Provide support group and peer counseling to 100 participants. GOAL II: To assist in the successful transition and re-entry of local, short-term Roanoke City ex- offenders. OBJECTIVES: A. ASSESSMENT (JAIL) - To assess inmates upon request from jail counselor for one-on- one counseling for a successful re-entry. ASSESSMENT SERVICES - Provide individual needs assessment services to 50 Roanoke City participants. EMPLOYMENT COUNSELING AND PLACEMENT - Provide employment counseling and job placement assistance to 25 participants. D. COUNSELING - Provide individual counseling to 10 participants. Eo TRANSPORTATION - Provide transportation to employment interviews for 25 participants. BASIC SERVICES/REFERRALS - Provide emergency food, clothing and housing as necessary. Provide referrals to other agencies for 50 participants. SUPPORT GROUPS - Provide support group and peer counseling services to 50 participants. V. WOMEN'S RESOURCE CENTER GOAL I: To provide opportunity and support to abused women, enabling them to end or correct abusive relationships and develop healthy lifestyles. To insure the confidentiality standards of the Women's Resource Center and to provide safety for clients and their children, no names or other identifying data will be provided on WRC clients. OBJECTIVES: A. Complete needs/strengths assessments on 100 new clients. Provide comprehensive crisis intervention services to 75 women and children needing emergency care. 11 Services Contract --- Roanoke City/TAP 99-00 C. Provide case management services (counseling, planning, coordination, employment skills, referrals, etc.) to 60 abused women and their children. D. Provide education and supportive services to 20 abuse victims who are not yet ready or willing to end abusive relationships. VI. SINGLE ROOM OCCUPANCY PROGRAM GOAL I. To provide low-income single adults (no children, no pets) with affordable housing in a neighborhood environment. OBJECTIVE: A. Provide SRO housing to 40 low-income Roanoke Residents. 12 Services Contract --- Roanoke City/TAP 99-00 Exhibit B Performance Measures for Proposed Programs Provided by TAP for the City of Roanoke July 1, 1999 - June 30, 2000. The performance measures described in this document are aligned with the goals and objectives for the proposed 1999-2000 TAP Programs in Roanoke City. I. Community Development GOAL 1: Work in conjunction with appropriate neighborhood groups diagnosing their needs, setting goals, developing and implementing action plans. OBJECTIVES: A. TAP will provide a copy of the completed housing inventory. Materials documenting the organizations accessing abandoned property and vacant lots, and information doc- umenting the development of homeowners organizations, and the plan for new housing options for the residents. TAP will provide documentation on the completed housing inventory for the Hurt Park and Gainsboro neighborhoods. GOAL II: To provide support for and assistance to community neighborhood organizations that serve minority and low income residents, or critical issues affecting their lives, including organizing, development, and fund-raising activities. OBJECTIVES: A. TAP will provide copies of the strategic planning curriculum, agenda, roster of participant attendance upon completion of each agreed upon community education workshop and other meetings. TAP will provide agenda(s), dates of meetings, and listing of the fraternities, sororities, churches, and community organizations worked with regarding role modeling for our youth. Co TAP will provide agenda(s), dates of meetings, and listings of neighborhood groups' and associations' work regarding board recruitment, development, and maintenance. Do TAP will provide materials provided to inner city neighborhoods and dates of meetings regarding promotion of Home Buyers Club. GOAL III: To provide referrals to low-income citizens and organizations who are in need. OBJECTIVES: A. TAP will provide documentation on referrals to 100 Roanoke City residents who are in need of services because of an emergency or crisis. 13 Services Contract --- Roanoke City/TAP 99-00 II. Education and Employment GOAL I: To provide a range of educational and training activities designed to improve academic achievement levels and develop employment skills of low-income clients. OBJECTIVES: A. Attendance reports of youth and reports of completion (GED) on completed secondary education data, work experience placement including employee and total positive termination rates will be provided by TAP upon the completion of each class. Rosters of adult basic education classes and the number of positive completions will be submitted at the end of each class by TAP. Roster of attendance, plus information on the number of positive completions will be submitted by TAP. GOAL II: To provide job skills training and support services in order to assist iow-income adults in maintaining meaningful employment or successful training in the operation and maintenance of micro- business ventures. OBJECTIVES: A. Attendance records of youth and reports of completion (GED) on completed secondary education data, work experience placement including employee and total positive termination rate will be submitted by TAP on a quarterly basis. TAP will provide rosters of residents attending training and number of positive com- pletions, number of start-up micro loans and/or number of participants starting busi- nesses or obtaining employment. TAP will provide listing of 30 city residents attending the training program, and the information on specified employer training given. III. Transitional Livin~ Center GOAL I: To reduce the number of homeless persons in the City of Roanoke by providing comprehensive, emergency and transitional housing services, designed to assist participants in devel- oping stable life styles, stable incomes, and independent living skills. OBJECTIVES: A. TAP will provide quarterly reports on the number of clients served consistent with the CSBG reporting format. TAP will provide verification of 100 homeless Roanoke City citizens residing at TLC in FY 1999-2000, within 30 days of fiscal year end. 14 Services Contract --- Roanoke City/TAP 99-00 TAP will provide documentation of assistance provided 55 TLC residents to locate, access, and move to safe affordable housing during FY 1999-2000. TAP will provide quarterly reports on progress of this objective. GOAL II: To reduce the number of Roanoke City homeless by providing opportunities to develop and/or increase income. OBJECTIVES: A. TAP will provide, on a quarterly basis, documentation of 100 adult, employable TLC residents being served during the contract year with 80% obtaining employment and/or increasing income. 100 is annual goal. TAP will provide documentation of job readiness counseling for 30 long-term unem- ployed participants, and documentation attesting to 50% adult persons obtaining em- ployment. GOAL III: To prevent transitioned TLC participants from becoming homeless again. OBJECTIVE: A. TAP will provide documentation of follow-up case management to prevent transitioned TLC participants from becoming homeless again. Services will be provided for at least 55 clients and a listing of follow-up services provided. IV. Offender Services GOAL I: To assist in the successful transition and re-entry of state ex-offenders returning to Roanoke City. OBJECTIVES: A. TAP will submit records detailing number of inmates served and topics of workshops. B. TAP will provide quarterly records and number of ex-offenders assessed. Co TAP will provide records or rosters of participants counseled with documentation of 75% obtaining employment. Do TAP will provide quarterly records/rosters of the number of family counseling sessions provided to ex-offenders and their families. E. TAP will provide quarterly records of trips and destinations for ex-offenders. TAP will provide materials/records documenting services/referrals for 135 Roanoke City participants. G. Copies/reports of schedule and attendance sheets will be provided quarterly by TAP. 15 Services Contract --- Roanoke City/TAP 99-00 GOAL II. To assist in the successful transition and re-entry of local, short-term Roanoke City ex- offenders. OBJECTIVES: A. TAP will provide quarterly records of the number of ex-offenders assessed. B. TAP will submit records detailing the number of inmates served. C. TAP will provide documentation/rosters of employment counseling sessions and job placement assistance provided to 25 participants. D. TAP will provide quarterly reports of the number of counseling sessions E. TAP will provide records of trips and destinations for ex-offenders quarterly. F. TAP will provide documentation on the emergency food, clothing, and housing provided, and a listing of referrals to other agencies for services for 50 participants. G. Topic/reports of schedule and attendance sheets will be provided by TAP quarterly. V. Women's Resource Center GOAL I. To provide opportunity and support to abused women, enabling them to end or correct abusive relationships and develop healthy lifestyles. To insure the confidentiality standards of the Women's' Resource Center and to provide safety for clients and their children, no names or other identifying data will provided on WRC clients. OBJECTIVES: A. Complete needs/strengths assessments on 100 new clients. B. Provide comprehensive crisis intervention services to 75 women and children needing emergency care. C. Provide case management services (counseling, planning, coordination, employment skills, referrals, etc.) to 60 abused women and their children. D. Provide education and supportive services to 20 abuse victims who are not yet ready or willing to end abusive relationships. VI. Single Room Occupancy Pro~ram GOAL I. To provide 40 low-income individuals safe, quality housing in the SRO housing units. OBJECTIVE: A. Provide safe, quality housing to 40 low income Roanoke City residents in the SRO housing units. 16 Services Contract --- Roanoke City/TAP 99-00 Exhibit C TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMI~NITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS Sec. 570.200 General policies (a) Determination of eligibility. An activity may be assisted in whole or in part with CDBG funds only if all of the following requirements are met: (1) Compliance with section 105 of the Act. Each activity must meet the eligibility requirements of section 105 of the Act as further defined in this subpart. (2) Compliance with national objectives. Grant recipients under the Entitlement and HUD- administered Small Cities programs must certify that their projected use of funds has been developed so as to give maximum feasible priority to activities which will carry out one of the national objectives of benefit to low and moderate income families or aid in the prevention or elimination of slums or blight; the projected use of funds may also include activities which the recipient certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. Consistent with the foregoing, each recipient under the Entitlement and HUD-administered Small Cities programs must ensure, and maintain evidence, that each of its activities assisted with CDBG funds meets one of the three national objectives as contained in its certification. Criteria for determining whether an activity addresses one or more of these objectives are contained at Sec. 570.208. (3) Compliance with the primary objective. The primary objective of the Act is described in section 101(c) of the Act. Consistent with this objective, Entitlement recipients and recipients of the HUD- administered Small Cities program in Hawaii must ensure that over a period of time specified in their certification not to exceed three years, not less than 70 percent of the aggregate of CDBG fund expenditures shall be for activities meeting the criteria under Sec. 570.208(a) or Sec. 570.208(d)(5) or (6) for benefiting low- and moderate-income persons; Insular area recipients must meet this requirement for each separate grant. The requirements for the HUD-administered Small Cities program in New York are in Sec. 570.420(e)(2). Additional requirements for the HUD-administered Small Cities program in Hawaii are in Sec. 570.430(e). In determining the percentage of funds expended for such activities: (i) Cost of administration and planning eligible under Sec. 570.205 and Sec. 570.206 will be assumed to benefit low and moderate income persons in the same proportion as the remainder of the CDBG funds and, accordingly shall be excluded from the calculation; (ii) Funds deducted by HUD for repayment of urban renewal temporary loans pursuant to Sec. 570.802(b) shall be excluded; (iii) Funds expended for the repayment of loans guaranteed under the provisions of subpart M shall also be excluded; (iv) Funds expended for the acquisition, new construction or rehabilitation of property for housing that qualifies under Sec. 570.208(a)(3) shall be coUnted for this purpose but shall be limited to an amount determined by multiplying the total cost (including CDBG and non-CDBG costs) of the acquisition, 17 Services Contract --- Roanoke City/TAP 99-00 construction or rehabilitation by the percent of units in such housing to be occupied by low and moderate income persons. (v) Funds expended for any other activities qualifying under Sec. 570.208(a) shall be counted for this purpose in their entirety. (4) Compliance with environmental review procedures. The environmental review procedures set forth at 24 CFR part 58 must be completed for each activity (or project as defined in 24 CFR part 58), as applicable. (5) Cost principles. Costs incurred, whether charged on a direct or an indirect basis, must be in conformance with OMB Circulars A-87, "Cost Principles for State, Local and Indian Tribal Governments"; A- 122, "Cost Principles for Non-profit Organizations"; or A-21, "Cost Principles for Educational Institutions," as applicable.\l\ All items of cost listed in Attachment B of these Circular's that require prior Federal agency approval are allowable without prior approval of HUD to the extent they comply with the general policies and principles stated in Attachment A of such circulars and are otherwise eligible under this subpart C, except for the following: (i) Depreciation methods for fixed assets shall not be changed without HUD's specific approval or, if charged through a cost allocation plan, the Federal cognizant agency. (ii) Fines and penalties (including punitive damages) are unallowable costs to the CDBG program. (iii) Pre-award costs are limited to those authorized under paragraph (h) of this section. (b) Special policies governing facilities. The following special policies apply to: (1) Facilities containing both eligible and ineligible uses. A public facility otherwise eligible for assistance under the CDBG program may be provided with CDBG funds even if it is part of a multiple use building containing ineligible uses, iff (i) The facility which is otherwise eligible and proposed for assistance will occupy a designated and discrete area within the larger facility; and (ii) The recipient can determine the costs attributable to the facility proposed for assistance as separate and distinct from the overall costs of the multiple-use building and/or facility. Allowable costs are limited to those attributable to the eligible portion of the building or facility. (2) Fees for use of facilities. Reasonable fees may be charged for the use of the facilities assisted with CDBG funds, but charges such as excessive membership fees, which will have the effect of precluding low and moderate income persons from using the facilities, are not permitted. (c) Special assessments under the CDBG program. The following policies relate to special assessments under the CDBG program: (1) Definition of special assessment. The term "special assessment" means the recovery of the capital costs of a public improvement, such as streets, water or sewer lines, curbs, and gutters, through a fee or charge levied or filed as a lien against a parcel of real estate as a direct result of benefit derived from the installation of a public improvement, or a one-time charge made as a condition of access to a public improvement. This term does not relate to taxes, or the establishment of the value of real estate for the purpose of levying real estate, property, or ad valorem taxes, and does not include periodic charges based on the use of a public improvement, such as water or sewer user charges, even if such charges include the recovery of all or some portion of the capital costs of the public improvement. (2) Special assessments to recover capital costs. Where CDBG funds are used to pay all or part of the cost of a public improvement, special assessments may be imposed as follows: (i) Special assessments to recover the CDBG funds may be made only against properties owned and occupied by persons not of low and moderate income. Such assessments constitute program income. (ii) Special assessments to recover the non-CDBG portion may be made provided that CDBG funds are used to pay the special assessment in behalf of all properties owned and occupied by Iow and moderate income persons; except that CDBG funds need not be used to pay the special assessments in behalf of 18 Services Contract --- Roanoke City/TAP 99-00 properties owned and occupied by moderate income persons if the grant recipient certifies that it does not have sufficient CDBG funds to pay the assessments in behalf of all of the low and moderate income owner-occupant persons. Funds collected through such special assessments are not program income. (3) Public improvements not initially assisted with CDBG funds. The payment of special assessments with CDBG funds constitutes CDBG assistance to the public improvement. Therefore, CDBG funds may be used to pay special assessments provided: (i) The installation of the public improvements was carried out in compliance with requirements applicable to activities assisted under this part including environmental, citizen participation and Davis- Bacon requirements; (ii) The installation of the public improvement meets a criterion for national objectives in Sec. 570.208(a)(1), (b), or (c); and (iii) The requirements of Sec. 570.200(c)(2)(ii) are met. (d) Consultant activities. Consulting services are eligible for assistance under this part for professional assistance in program planning, development of community development objectives, and other general professional guidance relating to program execution. The use of consultants is governed by the following: (1) Employer-employee type of relationship. No person providing consultant services in an employer- employee type of relationship shall receive more than a reasonable rate of compensation for personal services paid with CDBG funds. In no event, however, shall such compensation exceed the equivalent of the daily rate paid for Level IV of the Executive Schedule. Such services shall be evidenced by written agreements between the parties which detail the responsibilities, standards, and compensation. (2) Independent contractor relationship. Consultant services provided under an independent contractor relationship are governed by the procurement requirements in 24 CFR 85.36, and are not subject to the compensation limitation of Level IV of the Executive Schedule. (e) Recipient determinations required as a condition of eligibility. In several instances under this subpart, the eligibility of an activity depends on a special local determination. Recipients shall maintain documentation of all such determinations. A written determination is required for any activity carried out under the authority of Sees. 570.201 (f), 570.201 (i)(2), 570.201 (p), 570.201 (q), 570.202(b)(3), 570.206(f), 570.209, and 570.309. (f) Means of carrying out eligible activities. (1) Activities eligible under this subpart, other than those authorized under Sec. 570.204(a), may be undertaken, subject to local law: (i) By the recipient through: (A) Its employees, or (B) Procurement contracts governed by the requirements of 24 CFR 85.36; or (ii) Through loans or grants under agreements with subrecipients, as defined at Sec. 570.500(c); or (iii) By one or more public agencies, including existing local public agencies, that are designated by the chief executive officer of the recipient. (2) Activities made eligible under Sec. 570.204(a) may only be undertaken by entities specified in that section. (g) Limitation on planning and administrative costs. No more than 20 percent of the sum of any grant, plus program income, shall be expended for planning and program administrative costs, as defined in Sees. 570.205 and 507.206, respectively. Recipients of entitlement grants under subpart D of this part shall conform with this requirement by limiting the amount of CDBG funds obligated for planning plus administration during each program year to an amount no greater than 20 percent of the sum of its entitlement grant made for that program year (if any) plus the program income received by the recipient and its subrecipients (if any) during that program year. 19 Services Contract --- Roanoke City/TAP 99-00 (h) Reimbursement for pre-award costs. The effective date of the grant agreement is the program year start date or the date that the consolidated plan is received by HUD, whichever is later. For a Section 108 loan guarantee, the effective date of the grant agreement is the date of HUD execution of the grant agreement amendment for the particular loan guarantee commitment. (1) Prior to the effective date of the grant agreement, a recipient may incur costs or may authorize a subrecipient to incur costs, and then after the effective date of the grant agreement pay for those costs using its CDBG funds, provided that: (i) The activity for which the costs are being incurred is included in a consolidated plan action plan or an amended consolidated plan action plan (or application under subpart M of this part) prior to the costs being incurred; (ii) Citizens are advised of the extent to which these pre-award costs will affect future grants; (iii) The costs and activities funded are in compliance with the requirements of this part and with the Environmental Review Procedures stated in 24 CFR part 58; (iv) The activity for which payment is being made complies with the statutory and regulatory provisions in effect at the time the costs are paid for with CDBG funds; (v) CDBG payment will be made during a time no longer than the next two program years following the effective date of the grant agreement or amendment in which the activity is first included; and (vi) The total amount of pre-award costs to be paid during any program year pursuant to this provision is no more than the greater of 25 percent of the amount of the grant made for that year or $300,000. (2) Upon the written request of the recipient, HUD may authorize payment of pre-award costs for activities that do not meet the criteria at paragraph (h)(1)(v) or (h)(1)(vi) of this section, if HUD determines, in writing, that there is good cause for granting an exception upon consideration of the following factors, as applicable: (i) Whether granting the authority would result in a significant contribution to the goals and purposes of the CDBG program; (ii) Whether failure to grant the authority would result in undue hardship to the recipient or beneficiaries of the activity; (iii) Whether granting the authority would not result in a violation of a statutory provision or any other regulatory provision; (iv) Whether circumstances are clearly beyond the recipient's control; or (v) Any other relevant considerations. (i) Urban Development Action Grant. Grant assistance may be provided with Urban Development Action Grant funds, subject to the provisions of subpart G, for: (1) Activities eligible for assistance under this subpart; and (2) Notwithstanding the provisions of Sec. 570.207, such other activities as the Secretary may determine to be consistent with the purposes of the Urban Development Action Grant program. (j) Constitutional prohibition. In accordance with First Amendment Church/State Principles, as a general rule, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. The following restrictions and limitations therefore apply to the use of CDBG funds. (1) CDBG funds may not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interests. This limitation includes the acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph 0)(2) of this section with respect to rehabilitation and under paragraph 0)(4) of this section with respect to repairs undertaken in connection with public services) 20 Services Contract --- Roanoke City/TAP 99-00 regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG funds at no more than fair market value for a non-religious use. (2) CDBG funds may be used to rehabilitate buildings owned by primarily religious entities to be used for a wholly secular purpose under the following conditions: (i) The building (or portion thereof) that is to be improved with the CDBG assistance has been leased to an existing or newly established wholly secular entity (which may be an entity established by the religious entity); (ii) The CDBG assistance is provided to the lessee (and not the lessor) to make the improvements; (iii) The leased premises will be used exclusively for secular purposes available to persons regardless of religion; (iv) The lease payments do not exceed the fair market rent of the premises as they were before the improvements are made; (v) The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the lessor; (vi) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the lessor will pay to the lessee an amount equal to the residual value of the improvements; (vii) The lessee must remit the amount received from the lessor under paragraph (j)(2)(vi) of this section to the recipient or subrecipient from which the CDBG funds were derived. The lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such case, the religious entity must agree in the management contract to carry out the secular purpose in a manner free from religious influences in accordance with the principles set forth in paragraph 0)(3) of this section. (3) As a general rule, CDBG funds may be used for eligible public services to be provided through a primarily religious entity, where the religious entity enters into an agreement with the recipient or subrecipient from which the CDBG funds are derived that, in connection with the provision of such services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; (4) Where the public services provided under paragraph 0)(3) of this section are carried out on property owned by the primarily religious entity, CDBG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for the public services. 21 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 13, 1999 File #72-226 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 1999, Council Member Swain requested statistical data on the effectiveness of the Child Health Investment Partnership program. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, 145 Campbell Avenue, S. W., Roanoke, Virginia 24011 James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:XMyFilesXdec6.wpd Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 13, 1999 File #22 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34581-120699 authorizing the Acting City Manager, or his designee, or the City Manager, or the City Manager's designee, to enter into Amendment No. 2 to the contract for services with the Virginia Department of Health relating to operation of the local Health Department, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Dr. Molly Rutledge, Director, Roanoke City Health Department Sherman M. Stovall, Acting Budget Administrator C:~v[yFileski~c6 wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1999. No. 34581-120699. A RESOLUTION authorizing the Acting City Manager, or his designee, or the City Manager, or the City Manager's designee, to enter into Amendment No. 2 to the contract for services with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the Acting City Manager, or his designee, or the City Manager, or the City Manager's designee, and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 2 to the undated Agreement effective July 1, 1996, and amended by Amendment No. 1 dated June 16, 1997, with the Virginia Department of Health, as more particularly set forth in the December 6, 1999, report of the Acting City Manager to this Council, such Amendment No. 2 to be in form approved by the City Attorney. ATTEST: City Clerk. H:~-,ESkR-HEALT H-Am& Contract~ 12-6-99 ~ECEIYED December 6, 1999 Report #99-727 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: VIRGINIA STATE DEPARTMENT OF HEALTH AND THE CITY OF ROANOKE CONTRACT FOR SERVICES I. BACKGROUND Subsection A and B of section 32.1-31 of the Code of Virginia (1950), as amended, provides as follows: The governing body of any city may enter into a contract with the State Board of Health for the operation of the local health department in such city. Each contract between a city and the Board shall specify the services to be provided in addition to the services required by law and shall contain other provisions as the Board and the governing body may agree upon. Local commitment statement was used in previous years to certify that City Council appropriated a given amount for the support of the Roanoke City Health Department. Contract establishes that leqal defense with respect to services performed pursuant to local ordinance, enabling legislation set out in Title 15.1 of the State Code, and other services set out in Attachment A(2) of the contract will be provided by the City Attorney. Providing such services will continue to require the allocation of personnel within the office of the city Attorney to handle matters related to the local health department. II. CURRENT SITUATION Contract and services checklist was completed last year per instructions received by the State Health Department from Dr. Robert Stroube, Deputy Commissioner for Community Health Services, dated September 27, 1988. This contract has an automatic year to year renewal. The amount of funds dedicated to this contract for each fiscal year is negotiated and agreed to by an amendment. Contract between the Commonwealth of Virginia and City of Roanoke is necessary for proper billing to localities for health and environmental services. Mary F. Parker, CMC/AAE City Clerk CITY OF R O 4NOKE Office of the City Clerk December 13, 1999 File #60-236-246 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34582-120699 amending and reordaining certain sections of the 1999-2000 Consortium Fund Appropriations, providing for appropriation of $649,622.00, in connection with funding for the Fifth District Employment and Training Consortium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manger Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Executive Director, Fifth District Employment and Training Consortium, 310 Campbell Avenue, S. W., Roanoke, Virginia 24016 C: ~'fyFiles'td~c6. ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th' day of December, 1999. No. 34582-120699. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Consortium 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 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3~3ropriation~ Fifth District Employment & Training Consortium Incentive Award Title iI-A (1-5) ................................. $ Title III-F (6-15) ......... . Title 111-40% (16-24) ................................... Welfare to Work(25&~i~i~iiiiii~ii~iiiiiiii~ii~iii!iiiill Family Services (49-53) ...................................... One Stop Planning Grant - FY99 (54-56) ......................... Revenue 4,650,400 26,153 291,564 390,000 507,586 19,795 15,343 Fifth District Employment & Training Consortium Incentive Award Title II-A (57) .................................. $ Title III-F (58) .......... .... Title 111-40% (59) ................................ Welfare to Worki(~)iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiill Family Services (61) ......................................... One Stop Planning Grant - FY99 (62) ...................... ...... 1) Travel 2) Supplies 3) Equipment 4) Miscellaneous 5) Contractual Services (034-054-2064-8052) (034-054-2064-8055) (034-O54-2O64-8059) (034-054-2064-8060) 2,500 2,500 5,000 10,000 (034-054-2064-8357) 6,153 4,650,400 26,153 291,564 390,000 507,586 19,795 15,343 6) Insurance (034-054-2081-8056) 7) Wages-Readjustment (034-054-2081-8066) 8) Fringes-Readjustment (034-054-2081-8067) 9) Travel-Readjustment (034-054-2081-8068) 10) Communications. Readjustment 11) Wages 12) Fringes 13) Miscellaneous 14) Participant Support 15) Retraining Tuition (034-054-2081-8069) (034-054-2081-8350) (034-054-2081-8351 ) (034-054-2081-8360) (034-054-2081-8461) (034-054-2081-8500) 16) Miscellaneous (034-054-2082-8060) 17) Wages-Readjustment (034-054-2082-8066) 18) Fringes-Readjustment (034-054-2082-8067) 19) Travel-Readjustment (034-054-2082-8068) 20) Supplies- Readjustment 21) Wages 22) Fringes 23) Participant 24) Retraining-Tuition 25) Temporary Employee 26) Wages 27) Fringes 28) Travel 29) Communications 30) Supplies 31) Insurance 32) Contractual Services 33) Leases 34) Equipment 35) Miscellaneous 36) Wages 37) Fringes 38) Travel 39) Communications 40) Supplies 41) Insurance 42) Leases 43) Equipment 44) Miscellaneous 45) Participant Support 46) Retraining -Tuition 47) Retraining-OJT 48) Subsidized Wages (034-054-2082-8070) (034-054-2082-8350) (034-054-2082-8351) (034-054-2082-8461 ) ( 034-054-2082 -8500 ) (034-054-2093-8049) (034-054-2093-8050) (034-054-2093-8051) (034-054-2093-8052) (034-054-2093-8053) (034-054-2093-8055) (034-054-2093-8056) (034-054-2093-8057) (034-054-2093-8058) (034-054-2093-8059) (034-054-2093-8060) (034-054-2093-8350) (034-054-2093-8351) (034-054-2093-8352) (034-054-2093-8353) (034-054-2093-8355) (034-054-2093-8356) (034-054-2093-8358) (034-054-2093-8359) (034-054-2093-8360) (034-054-2093-8461 ) (034-054-2093-8500) (034-054-2093-8501) (034-054-2093-8502) $ 3O0 6,500 1,700 1,000 5O0 3,000 1,000 995 15,000 10,750 1,000 12,500 3,500 1,000 1,000 4,000 1,000 21,000 5,000 10,500 80,000 20,000 3,750 22,000 5,000 1,500 100,000 5,000 7,500 8,586 25,500 7,000 1,500 1,500 2,500 1,500 500 1,500 3,250 75,000 95,000 9,000 20,000 49) Wages 50) Fringes 51) Communications ' 52) Supplies 53) Miscellaneous 54) Contractual Services 55) Travel 56) Miscellaneous 57) Incentive Award Title II-A 58) Title III-F 59) Title 111-40% 60) Welfare to Work 61) Family Services 62) One Stop Planning Grant - FY99 (034-054-2095-8350) (034-054-2095-8351 ) (034-054-2095-8353) (034-054-2095-8355) (034-054-2095-8360) (034-054-9973-8057) (034"054-9973-8352) (034-054-9973-8360) (034-054-2064-2064) (034-054-2081-2081) (034-054-2082-2082) (034-054-2093-2093) (034-054-2095-2095) (034-054-9973-9973) $ 14,250 3,045 300 3O0 1,900 1,000 2,500 1,843 26,153 40,745 50,000 507,586 19,795 5,343 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. NOV 29 9:35 December 6, 1999 # 99-728 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Appropriation of funding for the Fifth District Employment and Training Consortium Do BACKGROUND A. The Fifth District Em lo ent and Trainin Consortium ~ administers the federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District. B. The FDETC serves eli ible residents in the counties of Alleghany, Botetourt, Craig and Roanoke as well as the cities of Clifton Forge, Covington, Roanoke and Salem. C. This a enc serves two rimar client populations: - ~micall disadvanta ed . as determined by income guidelines set by the U.S. Dept. of Labor (under Titles II-A, II-C and the Summer Youth Employment Program) and dislocated workers who have been laid off from employment through no fault of their own (under Title III) The Cit of Roanoke is the rant reci lent for FDETC ~. City Council must appropriate the funding for all grants and other monies the FDETC receives. Honorable Mayor and Members of City Council Page 2 December 6, 1999 II. ~URRENT SITUATION no Governor,s Em lo ent and Trainin De artment GETD has sent to the Consortium. Notices of Award for additional monies for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: 1. Title III-F (Dislocated Workers)- ~. One-Stop Career Implementation Funds- ~ Incentive Award for 1999 -~. o o o Co D° Virqinia Employment Commission has notified the Consortium of an additional allocation for ~ to operate a Governor,s Regional Project for FY 2000. These funds will be used to serve dislocated workers. State De artment of Social Services has notified the Consortium of the approval of a grant in the amount of ~ to operate a Welfare-to-Work program for fiscal year 2000. These funds will be used to help move hard-to-employ welfare recipients into lasting unsubsidized jobs and to achieve self-sufficiency by providing career counseling, job readiness and retention classes, case management, occupational skills training and on-the-job training. ~amily Services of Roanoke Valle~ has entered into an agreement with the Consortium. The Consortium has agreed to provide job placement assistance to approximately 100 referrals from parole officers for Drug Court during the 12 month period from November 1999 to October 2000. Family Services of Roanoke Valley will pay $%9,795.00 to the Consortium for this service. Honorable Mayor and Members of City Council Page 3 December 6, 1999 III. ISSUES A. Program Operations C. ~ IV. ALTERNATIVES A ro riate the FDETC's additional fundin totalin $649,622.00 and increase the revenue estimate by $649,622.00 in accounts to be established in the Consortium fund by the Director of Finance. o o ~roqram Operations - Existing activities will continue and planned programs will be implemented. ~ - Funds are available from the Grantor agency and other sources as indicated at no additional cost to the City. ~ - Immediate action will allow programs to be implemented and completed within planned time frames. B. Do not a ro riate the FDETC,s fundin totaling $649,622.00. o o Program Operations - Planned programs to serve participants would be delayed or never initiated. ~ - Funds currently available to operate these programs may be rescinded and redistributed to other localities. ~ - Delay will cause late or failed start- up of programs and possible under expenditure of available funds. Honorable Mayor and Members of City Council Page 4 December 6, 1999 Vo RECOMMENDATION Approve Alternative A: ro riate the FDETC's fundin totalin 649 622.00 and increase the revenue estimate by $649,622.00, in accounts to be established in the Consortium fund by the Director of Finance. Respectively submitted, Acting City Manager VLP/wc cc: Director of Finance City Attorney Director of Human Development FDETC Executive Director Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 13, 1999 File #60-102-432 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34584-120699 authorizing a contract with Hayes, Seay, Mattern & Mattern, Inc., in the total amount of $560,000.00, for provision of professional design and engineering services for the Downtown North Parking Garage and First Street Bridge Conversion Project, as more fully set forth in a report to Council dated December 6, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer C:'aMy File~dec6.wpd James D. Ritchie, Sr. December 13, 1999 Page 2 pc: Ellen S. Evans, Construction Cost Technician Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management C: ~vly Files'~iec6. wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1999. No. 34584-120699. A RESOLUTION authorizing a contract with Hayes, Seay, Mattern & Mattern, Inc., for the provision of professional design and engineering services for the Downtown North Parking Garage and First Street Bridge Conversion Project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Hayes, Seay, Mattern & Mattern, Inc., in the total amount of $560,000 for the provision of professional design and engineering services for the Downtown North P. arking Garage and First Street Bridge Conversion Project all as more fully set forth in the City Manager's report to this Council dated December 6, 1999. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the above mentioned report to this Council. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF R O/INOKE Office of the City Clerk December 13, 1999 File #60-102-432 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34583-120699 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation of $500,000.00, in connection with a contract with Hayes, Seay, Mattern and Mattern, Inc., for provision of professional design and engineering services for the Downtown North Parking Garage and First Street Bridge Conversion Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Ritchie, Sr., Acting City Manager Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer C:'d~4y Files~lec6. wpd James D. Grisso December 13, 1999 Page 2 pc: Ellen S. Evans, Construction Cost Technician Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management C:'~vlyFil~cc6. wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6%h day of December, 1999. No. 34583-120699. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDrooriations General Government $ 31,184,224 Downtown North Parking Garage (1) .......................... 500,000 Streets and Bridges $ 20,367,758 First Street Pedestrian Bridge (2) ............................ 110,000 Capital Improvement Reserve $ 22,048,897 Public Improvement Bond Series 1999 (3) ..................... 17,990,328 Fund Balance Reserved Fund Balance - Unappropriated (4) ................... $ 2,258,441 1) Appropriated from General Revenue (008-052-9573-9003) $ 500,000 2) Appropriated from Bond Funds (008-052-9574-9001) 110,000 3) Bridges (008-052-9709-9190) (110,000) 4) Reserved Fund Balance - Unappropriated (008-3325) (500,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. I~ECEI~ED ['I,~Y" g '": '"becember 6, 1999 Council Report No. 99-175 '99 I g-2 P12:27 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CONSULTANT DESIGN SERVICES CONTRACT FOR DOWNTOWN NORTH PARKING GARAGE AND CONVERSION OF FIRST STREET BRIDGE TO A PEDESTRIAN BRIDGE Back.qround on the subject in chronological order is as follows: The above development project includes the area bounded by Wells Avenue, Gainsboro Road, Jefferson Street and Shenandoah Avenue. Several proiects are proposed for the proiect area including the Roanoke Higher Education Center to be located in the former Norfolk & Western General Office Building North, Shenandoah Crossing (market rate rental apartments) to be located in the Norfolk & Western General Office Building South and "The Yard" at Henry Street, and a commercial development project, which includes the Crew Suites Office Building and Caboose Convenience Store, proposed by the Roanoke Neighborhood Development Corporation. All of the proposed developments require some degree of public parking. Approximately 600 spaces are needed. The intent is to construct a garage with as many spaces as are possible for an overall project cost of $5,000,000 with the rest being available from surface and on-street parking. The proposed garage is to be located on property bounded by Shenandoah Avenue, Centre Avenue, First Street and the rear of General Office Building South. It is also intended to rehabilitate the existing First Street Bridge for use as a pedestrian bridge with a project cost of $700,000. It is proposed that the bridge design be done concurrently with proposed parking garage due to their proximity to each other. D. A consultant is needed to prepare preliminary and final en.qineerinR drawings. II. Current situation is as follows: A request for consultant qualifications proposals was advertised in The_Roanoke 7'Jmes on Sunday, September 5, 1999 and The _Roanoke 7'ribu~e on Thursday, September 9, 1999. Proposals were received by the Manager of Supply Management on Friday, September 24,1999. The six (6) firms submitting proposals were: Hayes, Seay, Mattern & Mattern, Inc.; Marcellus Wright Cox and Smith Architects; Echols- Sparger Architect; SMBW Architects; Pape, Cole and Associates, P.C.; and Hurt & Proffitt, Inc. Honorable Mayor and Members of City Council CONSULTANT DESIGN SERVICES CONTRACT FOR DOWNTOWN NORTH PARKING GARAGE AND CONVERSION OF FIRST STREET BRIDGE TO A PEDESTRIAN BRIDGE December 6, 1999 Page 2 A consultants selection committee composed of the following persons reviewed all of the qualification proposals: Thomas L. McKeon John Baker Deborah J. Moses Charles Price Jan G. Bruce Philip C. Schirmer Roanoke Higher Education Authority Roanoke Redevelopment and Housing Authority Assistant to the City Manager for Special Projects Roanoke Neighborhood Development Corporation Project Manager, Engineering Department Assistant City Engineer The selection committee interviewed Hayes, Seay, Mattern & Mattern, Inc., Marcellus Wright Cox and Smith Architects, Echols-Sparger Architect, and SMBW Architects on Monday, October 11, 1999 and Tuesday, October 12, 1999. The committee selected the firm Hayes, Seay, Mattern & Mattern, Inc., 1315 Franklin Road, Roanoke, VA, as the best qualified consultant for the proposed work. III. Issues in order of importance are as follows: A. Timing B. Funding C. Cost IV. Alternatives in order of feasibility are as follows: Authorize the Acting City Manager to execute a contract, in a form approved by the City Attorney, with Hayes, Seay, Mattern & Mattern, Inc., in an amount of $450,000 to provide professional design and engineering services for the Downtown North Parking Garage and $110,000 for such services for the First Street Bridge conversion, for a total contract of $560,000. Timing will permit the Downtown North Development Project to begin. Many of the proposed improvements are desired to be in place by September, 2000. Funding for the design is available from Capital Fund Interest Income for the Parking Garage. Funding for the First Street Bridge was included in the 1997 Bond Referendum. 3. Cost of the design services is reasonable for the work to be performed. Honorable Mayor and Members of City Council CONSULTANT DESIGN SERVICES CONTRACT FOR DOWNTOWN NORTH PARKING GARAGE AND CONVERSION OF FIRST STREET BRIDGE TO A PEDESTRIAN BRIDGE December 6, 1999 Page 3 Do not authorize the City Manager to execute a contract with Hayes, Seay, Mattern & Mattern, Inc. for the Downtown North Parking Garage and First Street Bridge Project. 1. Timin.q for completion of the design will be delayed. 2. Funding will remain available. 3. Cost is not an issue. V. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the Acting City Manager to execute a contract, in a form approved by the City Attorney, with Hayes, Seay, Mattern & Mattern, Inc. in an amount of $450,000 to provide professional design and engineering services for the Downtown North Parking Garage, and $110,000 for such services for the First Street Bridge conversion, for a total contract amount of $560,000. Funding is available from the sale of Series 1999 bonds for the First Street Bridge. Transfer $110,000 to an account to be established by the Director of Finance titled "First Street Pedestrian Bridge." Funding is available from Capital Fund Interest Income for the Downtown North Parking Garage. Appropriate $500,000, $450,000 for Hayes, Seay, Mattern & Mattern, Inc. contract and $50,000 contingency, to an account to be established by the Director of Finance titled "Downtown North Parking Garage." Respectfully submitted, Jal~'es D. Ritchie Act~g City Manager JDR/JGB/fm Attachments C; City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Department of Finance City of Roanoke, Virginia December 6, 1999 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance October Financial Report This financial report covers the first four months of the 1999-00 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 4.37% or $2,007,000 compared to FY99. Variances in specific categories of revenues are as follows: General Property Taxes are up 1.09% or $248,000. The first installment of real estate taxes was due October 5. Real estate taxes have increased $1,019,000 or 4.76%. Delinquent collections of real estate taxes comprise $86,000 of this increase and have achieved 69.47% of the budgeted amount due to consistent collection efforts. The increase in real estate tax revenue is partially offset by a decline in public service corporation tax revenue due to a timing difference. Bills were prepared later in FY00 than in FY99, delaying tax collection. Other Local Taxes rose 6.99% or $784,000. Sales tax is up $233,000 or 5.51%. Business and occupational license tax, prepared food and beverage tax, and telephone utility tax also increased. Permits, Fees and Licenses are up 16.08% or $42,000. Building and electrical inspection fees increased $24,000 and $16,000 respectively, from FY99. Fines and Forfeitures decreased $83,000 or 24.11% due to a significant decline in parking ticket fines and general district court fines. These decreases result from the vacancies in the police department and a reorganization of the police traffic bureau which has resulted in fewer summons being issued; and thus, a reduced caseload for General District Court. Revenue from Use of Money and Property is up 21.24% or $82,000 due to increased rental income from the Commonwealth Building. During FY99, the rent paid by the State for the Commonwealth Building was based on projected operating and maintenance costs. In July of FY00, the State was billed for the amount that actual expenditures exceeded projected expenditures for FY99. The increase in rental income is partially offset by a decline in interest revenue resulting from lower average daily cash balances in the General Fund. Grants-in-Aid Commonwealth rose 11.10% or $1,055,000. Law enforcement funding through House Bill 599, which is received on a quarterly basis, increased due to a larger payment received in August of FY00 than in August of FY99. As part of the 1999 Virginia General Assembly, the Commonwealth agreed to adjust funding to localities to reflect the original provisions of the bill. This results in a significant increase in 599 funding expected in FY00. Jail block grant revenue increased due to a timing difference. Honorable Mayor and Members Roanoke City Council December 6, 1999 Page 2 Charges for Services decreased $79,000 or 8.40% due to a drop in weed cutting and demolition charges which is partially offset by an increase in EMS billings caused by timing differences. Several large write-offs occurred in July and August for weed cutting and demolition charges, causing a decrease in revenue. Miscellaneous Revenue decreased $67,000 or 72.28%. A surplus sale was held in September of FY99. A surplus sale will be held in November of FY00. Internal Services rose 6.46% or $26,000 due to a timing difference in the billing for custodial services. The Department of Health was billed for custodial services in October of FY00 but was not billed until January of FY99. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have decreased 3.83% or $2,507,000 since FY99. Variances in individual expenditure categories are discussed as follows: Community Development expenditures increased 32.37% or $324,000. Economic Development expenditures increased due to fees paid for an economic impact study. Memberships and Affiliations expenditures are also up. Contributions paid to Roanoke Valley Convention and Visitors Bureau, Virginia Amateur Sports, and Roanoke Valley History Museum increased from the prior year. A timing difference in the quarterly payment to the Hotel Roanoke Conference Center Commission also contributed to this increase. The second quarterly payment was made in October of FY00 but was not paid until January of FY99. Transfer to Debt Service Fund decreased 13.31% or 1,064,000. Lower principal and interest payments for the 1994 and 1997 bonds were made in August of FY00 than in August of FY99. A timing difference in the transfer of funding for future debt payments also contributed to this decrease. Nondepartmental expenditures decreased 45.29% or $1,788,000 largely due to a timing difference in the transfer of operating subsidies for the Civic Center Fund and the Transportation Fund. Transfers to the Grant Fund decreased due to a decline in Virginia Juvenile Community Crime Control Act funding designated for the grant fund programs. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/THT Attachments Director 6f Finance Balance July 1, '1999 Ordinance Number Date CMT 251 07/02/99 34402 07/19/99 34446 08/16/99 CMT 295 09/15/99 34497 10/04/99 CMT 299 10/05/99 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE OCTOBER 31, 1999 De_~artment Cultural Services Committee Supply Management Tranfer to Grant Fund Emergency Services Memberships and Affiliations City Council Balance October 31, 1999 $420,244 Purpose Funding for Sister Cities Program (2,500) Fee Proration Governmental Electric Rate Negotiations (33,675) Local Match for Office on Youth (6,293) Installations of Amateur Radio Antennas for Y2K Preparation (2,500) Funding for Virginia's First Regional Industrial Facilities Authority (27,500) Reimbursement of Interviewee Travel Expenses (5,000) $342,776 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1 - Oct 31 July I - Oct 31 Percentage Revenue Estimate 1998-99 1999-00 of Change Estimates Received $22,787,681 $23,035,477 1.09 % $59,963,226 38.42% 11,216,428 12,000,044 6.99 % 53,562,405 22.40% 263,823 306,256 16.08 % 703,500 43.53% 343,762 260,883 (24.11 ) % 947,500 27.53% 385,245 467,078 21.24 % 1,047,040 44.61% 9,503,755 10,559,115 11.10 % 54,437,793 19.40% 8,565 8,565 - % 34,260 25.00% 942,302 863,146 (8.40) % 3,330,300 25.92% 93,216 25,837 (72.28) % 267,500 9.66% 398,064 423,789 6.46 % 2,155,400 19.66% $45,942,841 $47,950,190 4.37 % $176,448,924 27.18% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July 1 - Oct 31 July 1 - Oct 31 Expenditures 1998-99 1999-00 General Government $3,731,158 $3,758,726 Judicial Administration 1,534,913 1,601,620 Public Safety 14,813,637 14,627,355 Public Works 9,578,282 9,305,696 Health and Welfare 7,193,396 7,197,855 Parks, Recreation and Cultural 1,756,279 1,765,993 Community Development 1,001,837 1,326,166 Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Current Fiscal Year Percent of Percentage Unencumbered Revised Budget of Chang~e Balance Appropriations Obligated 0.74 % $7,678,140 $11,436,866 32.86% 4.35 % 2,984,942 4,586,562 34.92% (1.26) % 29,914,093 44,541,448 32.84% (2.85) % 13,349,031 22,654,727 41.08% 0.06 % 18,481,829 25,679,684 28.03% 0.55 % 2,789,212 4,555,205 38.77% 32.37 % 1,995,633 3,321,799 39.92% 7,987,925 6,924,342 (13.31) % 4,740,457 13,949,010 14,319,738 2.66 % 28,639,476 3,947,394 2,159,560 (45.29) % 4,781,824 $65,493,831 $62 987 051 (3.83) % $115,354,$~7 11,664,799 59.36% 42,959,214 33.33% 6,941,384 31.11% $178,341,688 35.32% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July I - Oct 31 July 1 - Oct 31 Percentage 1998-99 1999-00 of Change $2,046,867 $2,212,838 8.11 % 11,587,519 11,630,937 0.37 % 368,991 435,264 17.96 % 522,037 524,243 0.42 % 13,949,009 14,319,738 2.66 % 2,755,075 2,805,903 1.84 % ~: $3~,~29,498 $31,928,923 2.24 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $8,638,640 25.62% 39,280,160 29.61% 2,915,599 14.93% 3,216,301 16.30% 42,959,214 33.33% 4,697,017 NA $101,706,931 31.39% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period Current Fiscal Year July 1 - Oct 31 July 1 - Oct 31 Percentage Unencumbered Revised 1998-99 1999-00 of Change Balance Appropriations $16,669,210 $18,265,385 9.58 % $53,030,107 1,117,358 1,072,654 (4.00) % 2,549,582 721,519 1,021,859 41.63 % 2,613,042 2,919,452 3,290,486 12.71 % 6,634,925 905,113 1,080,202 19.34 % 3,208,981 1,215,557 1,638,779 34.82 % 474,206 3,531,142 4,067,285 15.18 % 676,736 3,914,677 . 4,697,017 . ?9.9__8% - $30,994~028 $35,133,667 13.36 % $69 187,579 Percent of Budget Obligated $71,295,492 25.62% 3,622,236 29.61% 3,634,901 28.11% 9,925,411 33.15% 4,289,183 25.18% 2,112,985 77.56% 4,744,021 85.73% 4,69_7,017 NA $104,321,246 33.68% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF OCTOBER 31, 1999 General Government Public Safety Community Development Recreation Streets and Bridges Sanitation Projects Traffic Engineering Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $25,344,726 $17,758,639 $7,586,087 $869,111 $6,716,976 2,011,078 1,014,488 996,590 84,105 912,485 1,472,100 526,781 945,319 518,194 427,125 3,824,561 1,910,262 1,914,299 1,226,118 688,181 23,425,032 17,031,620 6,393,412 5,171,638 1,221,774 1,318,699 938,467 380,232 11,830 368,402 2,850,317 2,238,271 612,046 224,695 387,351 21,307,543 15,948,911 5,358,632 723,596 4,635,036 (481,796) (481,796) (481,796) $81,072,260 $57,367,439 $23,704,821 $8,829,287 $14,875,534 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF OCTOBER 31, 1999 Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance Education $35,674,732 $29,243,191 $6,431,541 $3,110,011 $3,321,530 Capital Improvement Reserve (951,021) (951,021) (951,021) Total $34,723,711 $29,243,191 $5,480,520 $3,110,011 $2,370,509 Note: Series 1999 General Obligation bonds totaling $36,120,000 were sold on October 28, 1999. These bond proceeds were appropriated by City Council at the meeting on November 1, 1999. 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 4 MONTHS ENDING OCTOBER 31, 1999 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: Garden City Commonwealth: Garden City Virginia Transportation Museum - ISTEA Second Street Entrance - Coca Cola Total Intergovernmental Revenue Revenue from Third Parties: Norfolk Southern - Hunter Viaduct InSystems Incorporated - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund General Obligation Bond Proceeds - Series 1999 Total Other Revenue Total FY 2000 $244,883 326,250 571,133 196,046 196,046 950,000 11,000 961,000 1,435,274 27,038,000 28,473,274 $30,201,453 FY 1999 $453,473 236,402 689,875 18,822 3,141 109,150 131,113 1,141,860 1,141,860 $1,962,848 5 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1999 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Roanoke County of Botetourt County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer from General Fund Interest on Investments Rent Miscellaneous Revenue Sale of Land Interest and Fiscal Charges Net Nonoperating Revenues (Expenses) Net Income FY 2000 $1,091 897 1,017 556 83 822 8 097 2 812 134 003 69.268 4,505 208,417 985,333 FY 1999 $1,108,786 1,047,128 85,082 7,542 13,888 619,164 14,735 2,108 165,554 1,078,208 3,605,710 4,142,195 1,421,057 1,331,977 1,368,608 1,166,508 565,590 518,961 3,355,255 3,017,446 250,455 1,124,749 25,000 122,996 123,054 22,374 12,817 12,558 8,541 - 325,000 (406,327) (443,509) (223,399) 25,903 $27,056 $1,150,652 Effective July 1, 1999, the Utility Line Services Fund was combined with the Water Fund. Prior year balances have been restated to enhance comparability. 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1999 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues Interest on Investments Miscellaneous Revenue Total Nonoperating Revenues Net Income FY 2000 $2,519 257 248,718 32,291 192 473 35 675 66 171 33 575 3,128,160 637,499 1,817,308 382,648 2,837,455 290,705 147,397 9,941 157,338 $448,043 FY 1999 $2,580,466 272,778 37,394 183,396 32,362 55,058 36,798 3,198,252 598,674 1,691,554 327,388 2,617,616 580,636 257,370 7,498 264,868 $845,504 7 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1999 Operating Revenues Rentals Event Expenses Admissions Tax Parking Fees Commissions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer from General Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Income (Loss) FY 2000 $63,380 19,706 7,965 20,265 30,747 10,341 152,404 403,219 291,703 135,988 830,910 (678,506) 18,905 498 19,403 ($659,103) FY 1999 $119,427 22,937 5,462 14,314 19,835 7,075 189,050 361,442 396,116 133,330 890,888 (701,838) 858,771 22,718 2,221 883,710 $181,872 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1999 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Transfer from General Fund Operating Subsidy for GRTC Miscellaneous Net Nonoperating Revenues (Expenses) Net Income (Loss) FY 2000 $112,521 118,985 65,320 130,450 117,333 24,485 569,094 235,996 181,942 417,938 151,156 2,890 (180,985) (207,522) 886 (384,731) ($233,575) FY 1999 $98,962 135,850 59,336 134,295 88,061 21,265 537,769 239,677 182,093 421,770 115,999 (1,357) (189,221) 1,214,506 (514,130) 1,227 511,025 $627,024 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1999 FY 2000 COMMISSION (1) CONFERENCE CENTER (2) TOTAL FY 1999 Operating Revenues Conference Center Total Operating Revenues $ $ 959,641 $ 959,641 $ 959,641 959,641 1,060,917 1,060,917 Operating Expenses Commission Conference Center Total Operating Expenses 144,608 - 144,608 67,723 798,656 798,656 906,802 144,608 798,656 943,264 974,525 (144,608) 160,985 16,377 86,392 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other 87,500 87,500 16,530 87,500 87,500 16,530 (10,075) (10,075) (10,075) 181,455 150,910 197,832 47,983 212,032 $102,927 ($14,200) 43,750 43,750 16,093 (7,448) Net Nonoperating Revenues (Expenses) 191,530 96,145 182,537 176,215 $6,322 Net Income Before Depreciation 46,922 Depreciation Expense/Replacement Reserve 164,049 Net Income (Loss) ($117,127) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree ManagemenL 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1999 TOTALS C~J Information Materials Management Fleet Risk Systems Control Services Management Management FY 2000 FY 1999 $1,196,066 $62,634 $41,435 $1,165,813 $2,093,657 $4,559,605 $4,756,671 1,196,066 62,634 41,435 1,165,813 2,093,657 4,559,605 4,756,671 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) 585,566 36,487 9,222 402,493 71,829 1,105,597 1,076,321 308,414 4,936 3,216 304,473 2,501,338 3,122,377 3,204,562 177,239 616 6,750 575,611 760,216 740,940 1,071,219 42,039 19,188 1,282,577 2,573,167 4,988,190 5,021,823 134,847 20,595 22,247 (116,764) (479,510) (428,585) (265,152) 73,293 (764) 3,717 25,867 175,654 277,767 248,927 125,900 125,900 73,293 (764) 3,717 151,767 175,654 403,667 248,927 $198,140 $19,831 $25,964 $35,003 ($303,856) ($24,918) ($16,225) Interest Revenue Transfer From Other Funds Net Nonoperating Revenues (Expenses) Net Income (Loss) Effective July 1, 1999, the Utility Line Sen/ices Fund was combined with the Water Fund. Prior year balances have been restated to enhance comparability. 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED OCTOBER 31, 1999 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, 1999. GENERAL WATER SEWAGE CiViC CENTER TRANSPORTATION ~ CAPITAL PROJECTS CONFERENCE CENTER JUVENILE DETENTION DEBT SERVICE CITY INFORMATION SYSTEMS MATERIALS CONTROL MANAGEMENT SERVICES FLEET MANAGEMENT PAYROLL RISK MANAGEMENT HIGHER EDUCATION AUTH PENSION SCHOOL FUND SCHOOL CAPITAL PROJECTS FDETC GRANT TOTAL BA~NCE AT - - BALANCE AT BALANCE AT FUND SEPT 30, 1999 RECEIPTS DISBURSEMENTS OCT 31, 1999 OCT 31, 1998 $3,911,558.17 6,850,505.22 8,605,446.30 954,307.21 (4,877.91) 33,203,098.46 969,707.57 8,493,961.45 11,552,055.81 4,368,617.68 (36,804.61) 237,212.29 1,660,004.56 (13,001,031.67) 10,485,161.05 7,126,034.69 689,732.58 12,768,611.27 (6,631,711.68) 14,914.61 332,828.37 $92,549,331.42 $18,327 743.44 41 541.95 2,252 988.44 40 250.26 129 359.68 32,122 391.32 47 723.11 38. 705.36 27. 235.98 62,O86.59 107,823.97 6,139.13 498,293.15 20,122,033.50 32,745.34 43,294.70 430,923.99 5,674,101.17 6,414,708.47 302,266.72 1,318,661.57 $88,041,017.84 $18,729,632.60 $3,509,669.01 $4,194,898.22 377,053.30 6,514,993.87 7,697,979.10 2,336,880.11 8,521,554.63 15,888,982.62 251,853.35 742,704.12 923,867.50 279,077.92 (154,596.15) (608,014.53)~ 2,775,634.93 62,549,854.85 35,100,978.06: 30,006.30 987,424.38 946,484.96 455,872.70 8,076,794.11 (331.28)1 18,278.76 11,561,013.03 11,542,485.49 215,867.13 4,214,837.14 4,034,216.52~ 87,226.35 (16,206.99) (26,989.54~ 4,732.26 238,619.16 236,203.21 320,869.72 1,837,427.99 1,157,836.80 13,832,016.52 (6,711,014.69) (10,456,824.02)! 460,334.46 10,057,571.93 10,006,240.54: 10,000.00 7,159,329.39 5,447,406.59 944,678.38 175,978.19 (36,474.81) 6,044,002.88 12,398,709.56 13,184,877.36 ! 127,639.42 (344,642.63) (3,878,838.21)~ 172,346.85 144,834.48 101,679.07 443,131.96 1,208,357.98 747,678.42' $47,917,135.90 $132,673,213.36 $96,20~ 342.0~ ~ 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 ENDED OCTOBER 31 1999. THAT SAID FOREGOING: ' CASH: CASH IN HAND CASH IN TRANSIT INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL PAPER FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $5,949.42 (1,999,794.88) 10,846,000.00 9,957,922.22 9,984,300.00 23,684,381.90 23,000,000.00 8,438,817.42 48,755,637.28 $132,673,213.36 DATE: NOVEMBER 11, 1999 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 4 MONTHS ENDING OCTOBER 31, 1999 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization To~lRevenue FY 2000 $1,360,426 1,143,331 21,128,396 12,235 $23,644,388 FY 1999 $1,739,239 1,432,600 4,271,187 9,282 $7,452,308 Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 To~lExpenses Net Income $3,761,627 48,826 52,833 3,604 60,261 3,927,151 $19,717,237 $3,091,117 33,108 74,289 7,198 4,611 3,210,323 $4,241,985 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET OCTOBER 31, 1999 Assets Cash Investments: (market value: Due from Other Funds Other Assets Total Assets FY 2000 $337,258,379 FY 1999 $305,755,261) FY 2000 $175,792 261,086,824 14,923 18,000 $261,295,539 FY 1999 ($36,852) 231,925,433 1,272 18,000 $231,907,853 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $962,382 2,126 964,508 240,613,794 19,717,237 260,331,031 $261,295,539 $775,765 68 775,833 226,890,035 4,241,985 231,132,020 $231,907,853 14 JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 RECEIVED '99 ~0-2 A8:39 JESSE A. HALL Deputy Director December 6, 1999 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: We are pleased to present your audited fiscal year 1999 Comprehensive Annual Financial Reports for the City of Roanoke and the City of Roanoke Pension Plan. Both documents have unqualified (the best) opinions from our external certified public accountants. The unaudited General Fund Capital Maintenance and Equipment Replacement Program (CMERP) of $3,323,410 reported to you at the August 2, 1999 Council meeting is unchanged. The unaudited School Fund Capital Maintenance and Equipment Replacement Program (CMERP) of $1,015,462 reported to you is also unchanged. These balances are available for future appropriation ordinances to be approved by City Council. The sound financial condition of our governmental, proprietary, and fiduciary operating funds is attributable to those difficult decisions which City Council makes to allocate the City's limited resources to meet the needs of our customers, the citizens of Roanoke. A special thank you for "teamwork" goes to Mr. Jesse A. Hall, Deputy Director of Finance, Ms. Ann Allen, Manager of Accounting Services, Ms. Alicia Stone, Financial Systems Accountant, Ms. Joyce Sparks, Retirement Administrator, Ms. Rosemary Trussell, Retirement Accountant, Ms. Patti Saunders, Finance Administrative Secretary, Jennifer Faulkner, Acting Public Information Officer, Ms. Linda Bass, Acting Chief of Economic Development, and the entire Department of Finance staff for their professional and dedicated work in the preparation of these complex Annual Financial Reports. Honorable Mayor and Members of City Council December 6, 1999 Page 2 I would be pleased to answer any questions you may have regarding the two Annual Financial Reports. Sincerely, ire~orD~h~ce JDG:s EnClosures c: James D. Ritchie, Acting City Manager Diane S. Akers, Acting Assistant City Manger William M. Hackworth, City Attorney Mary F. Parker, City Clerk Will Claytor, Director, Real Estate Valuation Robert H. Bird, Municipal Auditor Arthur B. Crush, III, Clerk of Circuit Court David C. Anderson, Treasurer George M. McMillian, Sheriff Donald S. Caldwell, Commonwealth's Attorney Sherman _~ Holland, Commissioner of the Revenue Robert K. Bengston, Acting Director of Public Works George S. Snead, Jr., Director of Public Safety Kit B. Kiser, Director of Utilities and Operations Glenn Radcliffe, Director of Human Development Linda Bass, Acting Chief, Economic Development Wayne Harris, Superintendent of Schools Richard Kelley, Assistant Superintendent of Operations Jennifer Faulkner, Acting Public Information Officer Dana Long, Chief, Billings and Collections Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 13, 1999 File #60-396 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34585-120699 amending and reordaining certain sections of the 1999-2000 General and Risk Management Fund Appropriations, providing for appropriation of $250,000.00 reserved in the General Fund for self-insured liabilities to be transferred to the Risk Management Fund. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager Kenneth S. Cronin, Manager, Personnel Management Glenn A. Asher, Manager, Risk Management Ann H. Allen, Manager, Accounting Services C:LMyFileskiec6.wpd IN THE COUNCIL OF THE Cl'rY OF ROANOKE, VIRGINIA The 6th day of December, 1999. No. 34585-120699. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Risk Management 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 Risk Management 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 Fund Balance Reserved for Self-Insured Claims (2) ........................ Risk Management Fund Revenues Nonoperating Transfers from Other Funds (3) ............................. Retained Eamin,qs Reserved for Self-Insured Claims (4) ........................ 1 ) Transfer to Risk Management Fund (001-004-9310-9529) $ 250,000 2) Reserve for Self- Insured Claims (001-3327) (250,000) $ 61,815,397 60,639,351 $ 6,502,183 -0- $ 555,000 250,000 $ 3,998,454 3) Transfer from 'General Fund 4) Reserve for Self- Insured Claims (019-020-1234-1037) (019-3327) $ 250,000 250,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Department of Finance December 6, 1999 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Transfer of General Fund Balance Reserve for Self-Insured Liabilities Section 2-188.1, Reserve for self-insured liabilities, Code of the City of Roanoke (1979), as amended, stipulates that, at the conclusion of each fiscal year, two hundred fifty thousand dollars ($250,000), to the extent available from any undesignated general fund balance at the end of such fiscal year, shall be reserved for self-insured liabilities of the City. The maximum balance of the reserve is three percent of total General Fund appropriations for the concluded fiscal year. As such, at June 30, 1999, $250,000 was reserved in the General Fund for self-insured liabilities. The attached budget ordinance appropriates the $250,000 reserved in the General Fund for self-insured liabilities to be transferred to the Risk Management Fund where the remaining self-insurance reserve exists. The budget ordinance also establishes a revenue estimate in the Risk Management Fund for this transfer, increasing the Reserve for Self-Insured Liabilities. We recommend your approval of this budget ordinance. JDG/afs/pac C: James D. Ritchie, Acting City Manager Kenneth S. Cronin, Manager of Personnel Management Glenn A. Asher, Risk Manager Ann H. Allen, Manager of Accounting Services Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 13, 1999 File #24-79 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34586-120699amending and reordaining {}32-199, Seizure and Sale of Unstamped Cigarettes, of Article VIII, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for the seizure and destruction of unstamped cigarettes, pursuant to the provisions of the foregoing article, by the Director of Finance, the Commissioner of the Revenue, or the License Inspector. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:lo Attachment pc: The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia C:~MyFil~'at~:6.wpd James D. Ritchie, Sr. December 13, 1999 Page 2 pc~ The Honorable Virginia The Honorable Virginia The Honorable The Honorable The Honorable The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable David C. Anderson, City Treasurer James D. Grisso, Director of Finance Dana D. Long, Chief, Billings and Collections C:LMy Files\dec6 wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 6th day of December, 1999. No. 34586-120699. AN ORDINANCE amending and reordaining §32-199, Seizure and Sale of Unstamped Cigarettes, of Article VIII, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for the seizure and destruction of unstamped cigarettes, pursuant to the provisions of the foregoing article, by the Director of Finance, the Commissioner of Revenue, or the License Inspector; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-199, Seizure and sale ofunstamped cigarettes, of Article VIII, Cigarette Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE VIII. CIGARETTE TAX Sec. 32-199. Seizure ofunstamped cigarettes. In the event the Director of Finance, the Commissioner or the License Inspector discovers any cigarettes which are subject to the tax imposed under the provisions of this article, but upon which such tax has not been paid and upon which stamps have not been affixed or evidence of payment shown thereon by the printed markings of a meter machine in compliance with the provisions of this article, such officers, or any of them, are hereby authorized and empowered to seize and take possession forthwith of such cigarettes, which shall thereupon be deemed to be forfeited to the city. The Director of Finance or his designee ("Director") shall, after providing notice of such seizure to the known holders of property interests in such property and waiting the required length of time for an appeal as further set forth in this section, destroy any seized cigarettes or other property used in the furtherance of any illegal evasion of the tax. Such seizure shall not be deemed to relieve any person from any of the penalties provided in this article. Any such notice of seizure shall include procedures for an administrative hearing for return of such property seized, in addition to any affirmative defenses set forth in this section which may be asserted. Such hearing shall be requested from the Director within ten (10) days of the notice of seizure, and shall set forth the reasons why said cigarettes or other property should be returned. Within ten (10) days after receipt of a hearing request, the Director shall review the appeal request and shall notify the petitioner via certified mail of a date, time and place for the informal presentation of evidence at a hearing or request further evidence, to be within fifteen (15) days of the date such notification is mailed. Any request for a hearing shall be denied if the request is received more than ten (10) days from the date of the notice to petitioner of the seizure. Within five (5) days after the hearing, the Director shall inform the petitioner of the final decision. The Director shall cause the return of the seized property if convinced by a preponderance of the evidence that the illegal sale of unstamped cigarettes or possession of other property used in the furtherance of illegal evasion of the tax was not intentional on the part of the petitioner and that seized cigarettes were in the possession of a person other than the petitioner without the petitioner's consent at the time said cigarettes or other property was seized, or that petitioner was authorized to possess unstamped cigarettes or other such property. Any petitioner who is unsatisfied with the written decision of the Director may within thirty (30) days of the date of said decision, appeal such decision to the appropriate court in the jurisdiction where the seizure occurred. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\O RD-CA\O-CA-DLC- UnstampedCig. 12.6.99 City of Roanoke Department of Hnanc~ December 6, 1999 '99 0-2 / 9:08 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Amendment of {/32-199 of City Code pertaining to auctions of seized cigarettes Section 32-193 of the Code of the City of Roanoke, requires local dealers in cigarettes to purchase a stamp from the City and affix a tax stamp or meter each package of cigarettes prior to the sale to the consumer of the cigarettes. II. Section 32-199 of the Code of the City of Roanoke, provides for the seizure of cigarettes which are subject to the tax but have no stamps or metered markings present. Once cigarettes have been seized, the City Code requires that a public auction be held of the forfeited cigarettes. Section 58.1-3832[4) of the Code of Vir/iinla provides that cigarettes confiscated for illegal evasion of the cigarette tax may be disposed of by sale or other method deemed appropriate by the local taxing authority. Current Situation: The Commissioner of the Revenue's Office enforces the cigarette t~ by ~oS,,pec,ting th.e pr,cruises of retailers and by confiscating cigarettes subject me tax whxch tiave no stamps or metered markings. These cigarettes are turned over to the Office of Billings and Collections to conduct a public auction of forfeited cigarettes. On the average, it takes 8 hours of staff time to prepare and conduct the auction and the average revenue from such auction is $255.00. Bo We surveyed a number of localities across the state and found that most of the localities destroyed the seized cigarettes rather than selling them to the public at an auction. Others negotiated to return the cigarettes to the manufacturer to ensure that the cigarettes did not return to the market place and some enforced penalties. Most localities expressed concern with selling cigarettes to the general public. See Attachment A. Honorable Mayor and Members of City Council December 6, 1999 Page 2 III. The ci_ty code sections author/zint/the ci_~arette tax were adopted in 195G and have remained unchanged since that time. Numerous health related issues attributable to smoking have arisen since that time. Issues: B. Cost avoidance Potential Liability Alternatives in order of feasibility Ao City Council authorize an amendment to Section 32-199 of the Code of the City of Roanoke to provide for the destruction instead of the auction, of seized cigarettes. 1. Cost avoidance would be realized. 2. Potential liability would not be an issue. City Council not authorize an amendment to Section 32-199 of the Code of the City of Roanoke authorizing the destruction instead of the auction of seized cigarettes. Cost avoidance would not be realized. Potential liability due to health related risks would be an issue. IV. Recommendation: City Council authorize the attached ordinance to amend Section 32-199 of the Code of the City of Roanoke to provide that confiscated cigarettes be destroyed instead of auctioned. Respectfully Submitted, Director of Finance JDG/DDL:s Attachment Honorable Mayor and Members of City Council December 6, 1999 Page 3 C: James D. Ritchie, Acting City Manager Diane S. Akers, Acting Assistant City Manager W~lliam M. Hackworth, City Attorney Sherman ~ Holland, Commissioner of the Revenue David C. Anderson, City Treasurer Attachment A City of Newport News Destruction City of Virginia Beach Destruction City of Norfolk Destruction City of Lynchburg Destruction Arlington County Destruction Northern Virginia Cigarette Tax Board representing: Alexandria Falls Church Fairfax County Hemdon Fairfax City Vienna Leesburg Warrenton Does not sell to public Manassas Clifton Sells back to manufacturer only City of Richmond N/A Roanoke County N/A City of Salem N/A Town of Vinton N/A County of Bedford N/A County of Botetourt N/A City of Danville N/A City of Martinsville N/A ~N/A~ denotes localities that do not impose a cigarette tax. MARY F. PARKER, CMC/AAE 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 December 14, 1999 File #192 SANDRA H. EAKIN Deputy City Clerk James Bell, President Hightopps Catering 2201 Hollins Ferry Road Baltimore, Maryland 21230 Dear Mr. Bell: I am enclosing copy of Resolution No. 34587-120699 accepting the proposal of Fells Point Catering, Inc., d/b/a/'Hightopps Catering (Fells Point) for providing catering management services for the Roanoke Civic Center facilities; authorizing a contract with Fells Point for such catering management services; and rejecting all other proposals made to the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: James D. Ritchie, Sr., Acting City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget James M. Evans, Manager, Roanoke Civic Center C:~lyFil~',d~.6.wpd MARY E PARKER, CMC/AAE 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 December 14, 1999 File #192 SANDRA H. EAKIN Deputy City Clerk Louis Sienos, President Swanson Corporation 3200 S. GOth Street Omaha, Nebraska 68106 Dear Mr. Sienos: I am enclosing copy of Resolution No. 34587-120699 accepting the proposal of Fells Point Catering, Inc., d/b/afHightopps Caiering (Fells Point) for providing catering management services for the Roanoke. Civic Center facilities; authorizing a contract with Fells Point for such catering management services; and rejecting all other proposals made to the City. The' abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. On behalf of the City of Roanoke, I would like to express appreciation for submitting your proposal on the abovedescribed catering contract. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: James D. Ritchie, Sr., Acting City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget James M. Evans, Manager, Roanoke Civic Center C:~lyFiles'~d~6.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1999. No. 34587-120699. A RESOLUTION acceptingtheproposalofFellsPointCatering, Inc.,d/b/a HightoppsCatering (Fells Point) for providing catering management services for the Roanoke Civic Center facilities; authorizing a contract with Fells Point for such catering management services; and rejecting other proposals made to the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The proposal of Fells Point Catering, Inc., d/b/a Hightopps Catering for providing catering management services for the Roanoke Civic Center facilities, all as more fully set forth in the report to this Council dated December 6, 1999, be, and hereby is, ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Fells Point Catering, Inc., dPo/a Hightopps Catering to provide catering management services for the Roanoke Civic Center facilities for an initial term of one year with a provision that the contract may be extended for up to two additional two year periods at the option of the City, with Fells Point to be reimbursed its fixed costs, reasonable direct out of pocket expenses, and sixty percent of the yearly net profits, all as more fully set forth in the above mentioned report. 3. The form of the contract shall be approved by the City Attorney, all as more fully set forth in the above mentioned report. 4. All other proposals made to the City for providing the aforesaid catering management services are hereby rejected and the City Clerk is directed to notify each such offeror and express to each the City's appreciation for such proposal. ATTEST: City Clerk. ~ECEIVE~} CITY C,~.z:, r?: December 6, 1999 'c)9 ~'~ 22 ? ''~ "~ "'~epon No. 99370 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Catering Management Services at the Roanoke Civic Center The attached staff report was considered by the Roanoke Civic Center Commission at its regular meeting on September 20, 1999. The Commission voted unanimously to recommend that Council take the following actions in accordance with conditions stated in the attached report: Award a contract, a copy of which is attached to this document, with Fells Point Catering, Inc. to provide catering management services to the Roanoke Civic Center for a period of one year, beginning October 4, 1999 and ending October 3, 2000, with options for the City to renew for up to an additional two (2) two (2) year periods. Authorize the Acting City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form approved by the City Attorney. 3. Reject the other proposal. Mark E. Feldmann, Chairman Civic Center Commission Cc' Acting City Manager Director of Finance City Attorney Director of Utilities & Operations Manager, Management & Budget MEMO INTERDEPARTMENTAL City of Roanoke Roanoke Civic Center DATE: TO: FROM: SUBJECT: September 20, 1999 Mark E. Feldmann, Chairman and Members, Civic Center Commission Evans, Civic Center Manager James M. Catering Management Services at the Roanoke Civic Center Background mo On June 30, 1999, the Catering Services Contract with the Swanson Corporation ended. On July 1, 1999, the Civic Center assumed all duties and responsibilities of the in-house operation and management of the concessions portion of the food and beverage program. Co Civic Center Management desires to enter into a management services agreement with a qualified catering company to operate the catering portion of the food and beverage program. Do Specifications were developed for catering management services, and along with Request for Proposals, were sent to at least six firms deemed to potentially possess the necessary qualifications. A public advertisement was posted on the City's Bid Board and also published in the Roanoke Times and the Roanoke Tribune. II. Current Situation is: mo Two (2) proposals were received. Those proposals were submitted by The Swanson Corporation of Omaha, Nebraska, and Fells Point Catering, Inc. of Timonium, Maryland. Both proposals were evaluated in a consistent manner by the evaluation committee consisting of: Kit B. Kiser, Director of Utilities & Operations Darwin Roupe, Manager, Supply Management 2 III. IV. James M. Evans, Civic Center Manager Chxistine P. Powell, Assistant Civic Center Manager Proposal analysis included evaluation of the following criteria: 1. Financial Condition and capability to perform contracts. 2. Experience in high-volume, high quality food and beverage operations pertaining to multi-use services. 3. Management qualifications. 4. Marketing, merchandising and sales creativity and effectiveness. 5. Operational expertise. Do Evaluation of all criteria has determined the proposal submitted by Fells Point Catering, Inc. qualifies it as the proposer most qualified to meet the needs as described in the Request for Proposals. A contract has been negotiated with Fells Point Catering, Inc. to provide catering management services for a period of one (1) year beginning October 4, 1999, with options to renew for two (2) additional two (2) year periods. Fells Point Catering, Inc. will be reimbursed for reasonable fixed costs and direct costs, and will receive 60% of net profits from the operation as compensation for management services provided. A copy of the proposed contract is attached to this document. Issues in order of importance are: A. Need B. Timing C. Compliance with specifications D. Fiscal Impact Altematives in order of feasibility are: mo Roanoke Civic Center Commission recommend to Roanoke City Council that Council award a contract, substantially similar to the one attached to this document, with Fells Point Catering, Inc. to provide catering management services to the Roanoke Civic Center for a period of one year, beginning October 4, 1999 and ending October 3, 2000, with options for the City to renew for up to an additional two (2) two (2) year periods. Need to provide catering services to events leasing the facilities of the Roanoke Civic Center would be addressed. Cc~ Timing necessary for the provision of catering services would be sufficient. Compliance with specifications is met by the response submitted by Fells Point Catering, Inc. Fiscal impact would be realized. Civic Center would receive 40% of all catering profits, estimated at $35,000 annually based upon current catering volume. B. Reject all Proposals Need to provide catering services to events leasing the facilities of the Roanoke Civic Center would not be addressed. It would be necessary to operate catering in-house, requiring additional positions to be approved in the operating budget, or to rebid. Timing necessary for the provision of catering ~ervices would not be sufficient, as catering services are needed immediately for tenants currently booked in the facility. 4. Compliance with specifications would not be a factor. o Fiscal impact would not be realized. Civic Center would receive no revenues from catering services. Recommendation Roanoke Civic Center Commission concur with alternative "A" and recommend to Roanoke City Council that Council award a contract, substantially similar to the one attached to this document, in a form approved by the City Attorney, with Fells Point Catering, Inc. to provide catering management services to the Roanoke Civic Center for a period of one year, beginning October 4, 1999 and ending October 3, 2000, with options for the City to renew for up to an additional two (2) two (2) year periods. B. Reject other proposal. City Attorney Director of Finance City Clerk Director of Utilities & Operations Manager, Supply Management Manager, Management & Budget CONTRACT FOR CATERING MANAGEMENT SERVICES This Contract for Catering Management Services (Contract or Agreement) is dated October 4, 1999, by and between the City of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia (City) and Fells Point Catering, Inc., d/b/a Hightopps Catering (Management Company or Fells Point). WITNESSETH: WHEREAS, the City requested proposals from qualified Offerors to provide catering management services for the Roanoke City Civic Center facilities pursuant to the terms, conditions, and specifications of a Request for Proposal dated June 8, 1999; and WHEREAS, it has been determined that it is in the best interest of the City to accept the negotiated proposal with Fells Point. NOW, THEREFORE, in consideration of the mutual promises and covenants as contained herein, the parties hereto agree as follows: .Section 1: CONTRACT DOCUMENTS The parties agree that this Contract consists of this Contract and the following contract documents, all of which are and constitute a part of this Contract as if attached hereto or set out in full herein, viz: A. The Request for Proposal (RFP), dated June 8, 1999, consisting of 56 pages, including the specific terms and conditions of Section 16 and Schedule D of the RFP; and B. Fells Point's Response to the RFP. The Contract documents shall be construed consistently wherever possible. However, if there is any inconsistency or conflict between this Contract and the Contract Documents listed as A through C above, the order of precedence for the controlling document shall be as follows: (1) this Contract dated October 4, 1999; (2) the specific terms and conditions of Section 16 and Schedule D of the RFP; (3) the RFP; and (4) Fells Point's Response to the RFP. Section 2: TERM OF CONTRACT The term of this Contract shall be for a period of 1 year, from October 4, 1999, through October 3, 2000, at which time this Contract shall expire, unless otherwise terminated as provided for in this Contract or by law. This Contract may be extended for up to 2 additional 2 year periods at the option of the City. Written notice of any request for an extension shall be given by the City to the Management Company at least 60 days before expiration of this Contract or any extensions thereof. H:\CC-~cat ~-rings~-,rvic~a 1 Section 3: SERVICES TO BE PROVIDED BY MANAGEMENT COMPANY. Management Company agrees to the following terms and conditions in connection with the services it will provide to the City: The Management Company will provide all necessary management services to cater events at the Roanoke Civic Center Facilities located at 710 Williamson Road, NE, Roanoke, Virginia (hereafter Facilities or RCC) during the term of this Contract, with the annual exception of an estimated 12 unnamed ethnic or dietary event requirements for catered events. Such catering management services will be subject to appropriate control by the Roanoke Civic Center Manager or his designee. Outside caterers, who meet all necessary criteria, will be allowed to cater the excepted events, if approved by the Roanoke Civic Center Manager. These events will be identified in advance by the RCC Manager, so as to avoid Management Company expending efforts with reference to the excepted events, except for the limited purpose of establishing the parameters for the use of the catering facilities by such outside event caterer. All backstage event catering shall be at the option of the event promoter upon approval by the RCC Manager. Bo The Management Company will use the Roanoke Civic Center catering kitchen for affairs being catered at the RCC or off-site locations, as approved by Roanoke Civic Center management. 'With reference to certain other excepted events mentioned above, the outside caterer of those events shall pay 15% of the outside cater's gross billings, less taxes and gratuity, as a catering fee to the City in care of the Roanoke Civic Center, but said fee does not entitle said outside caterer to have the use of the kitchen, china, silver and other small items. Furthermore, Management Company will not receive any benefit or credit from such fee and all of it will be retained by the City. In the event any outside caterer is authorized to cater an event at the Roanoke Civic Center Facilities, the RCC Manager has the absolute fight to rent to that caterer, or its customer, a hall or other facilities, but that outside caterer shall not have access to the kitchen facilities or the accessories (china, etc.) therein, but said outside caterer shall still be required to pay the 15% catering fee mentioned in 3(B) above to the City in care of the RCC. Do The Management Company will encourage and promote the use of the Roanoke Civic Center Facilities for catered affairs. The Management Company is responsible for maintaining acceptable sanitary ratings of the catering facilities, or any areas where it operates, from the Roanoke City Health Department and complying with all applicable laws, rules, and regulations. H:\CC'~at ering.~ervie.~ 2 Jo F. The Management Company shall not be involved in the running of the concession stands and/or the service of alcoholic beverages, with the sole exception of billable alcoholic beverages for catered functions, which shall be provided under the City's ABC License, under supervision of the Management Company. It is the intent of the parties that the concession stands and the concession business at the Roanoke Civic Center and the serving of alcoholic beverages related to the concession business shall be outside of the catering management Agreement and said function (alcohol beverage service) for the concession business shall be solely supervised by, controlled by and be for the benefit of the Roanoke Civic Center and the City. G. The Management Company shall, at the start of this Contract, provide at no cost to the City, necessary china, flatware, glassware and other miscellaneous serving and presentation pieces and small kitchen utensils and wares, (kitchen items), and prepare and execute a marketing program for encouraging and promoting catered functions at the Roanoke Civic Center Facilities, with the view of increasing the number of catered events at the Facilities. The Management Company will maintain and/or replace ail such kitchen items during the term of this Contract. Ail such kitchen items shall be and remain the property of the Management Company. However, any kitchen items provided by the City shail remain the property of the City and any kitchen items provided by Management Company that are not removed with 30 days after the termination or end of this Contract shall become the property of the City. H. With reference to catered events at the Roanoke Civic Center Facilities which Management Company is obligated to manage under this Contract, and in that capacity is obligated to quote charges to potential customers, Management Company shail obtain the RCC Manager's or his designee's advance approval for quotes for catered events where the cost will exceed $1,500.00 with any one customer for any one event. Where Management Company seeks the advance approvai of the RCC Manager or his designee with reference to a proposed quote, Management Company shall provide a breakdown of the catered event proposai with reference to food costs, labor costs, line item rental costs and the other miscellaneous charges which make up the quote. The purpose being to provide RCC management with sufficient information from which to make an informed decision with reference to whether or not the catering proposal should be made, as suggested by Management Company. The Management Company is required to provide a cost breakdown per event, and a monthly report summarizing those direct costs. The City (through the RCC Manager) reserves the right to review and/or audit all line item expenses including payroll, food costs, miscellaneous rentals, etc., and Management Company agrees to make all its books and records available for any such review or audit. Procedures concerning buying and selling of inventory items are set forth in Exhibit 1 attached hereto and made a part hereof. Such procedures may be amended by mutuai agreement of the Management Company and RCC Manager. H:\C CXcat *hng.,~wices 3 Ko The Management Company, in meeting its obligations to provide management services for the Roanoke Civic Center Facilities catered events will provide, as part of its management service, a full-time on-site catering manager, referred to as Roanoke Civic Center Catering Manager, whose primary function will be to deal with the potential customers for catered affairs at the Roanoke Civic Center Facilities and with the Roanoke Civic Center management. This person will coordinate all catered events at the Roanoke Civic Center Facilities with the Roanoke Civic Center management with reference to facilities, alcoholic beverage service and all other related issues. Lo Kitchen equipment is listed in Exhibit 2 attached hereto and made a part hereof. Maintenance costs for such kitchen equipment (excluding normal cleaning) shall remain the responsibility of the Roanoke Civic Center management. Management Company shall provide normal routine maintenance and cleaning for said equipment and facilities, and shall notify the Roanoke Civic Center Manager of any broken or defective equipment and shall request repair as soon as practical upon discovery of a problem. The Roanoke Civic Center Manager shall repair or replace, as appropriate, such equipment as soon as practical, with due consideration for the purpose and intended use of the equipment and the catering schedule which requires the availability of the equipment and facilities. However, any equipment or other items damaged or destroyed due to the acts or omissions of Management Company, or its employees, shall be repaired and/or replaced by the Management Company, all at no cost to the City and to the satisfaction of the RCC Manager. Mo Management Company will provide accurate detailed billing information to RCC management for all functions or events catered by Management Company. Such billing information will be provided to RCC management no later than the close of the function or event or the next business day. RCC management will bill and collect all revenues for catered functions or events based on the billing information provided to it by the Management Company. Section 4: COMPENSATION TO MANAGEMENT COMPANY, The following terms and conditions apply to the compensation due the Management Company under this Contract: Bo The City will reimburse on a monthly basis the Management Company only the yearly fixed cost for the Roanoke Civic Center Catering Manager to be supplied by Management Company, provided that such fixed cost is subject to approval by the RCC Manager. The City will reimburse the Management Company for all reasonable direct out of pocket expenses, subject to approval by the RCC Manager. H: \C C~cat~ing.~rvic.~ 4 C. The Management Company will provide the RCC Manager with a bill for the costs or expenses set forth in 4(A) and (B) above by the 5th day of the month after such costs or expenses have been incurred or the 5t~ day of the month after the end of an event or function for which services were rendered by the Management Company. D. The City will pay the Management Company a management fee of sixty per cent (60%) of yearly net profits, payable monthly, the City receives from catering functions or events serviced by the Management Company. Net profits are hereby defined as the gross revenues actually collected and received by the City from all catered events serviced by the Management Company, minus any taxes due and minus the fixed cost and out of pocket expenses submitted by the Management Company and approved by the RCC Manager. E. If there are no net profits for a particular month or months, the loss for that month or months will be subtracted from the next month or months in which there is a net profit. At the end of the Contract year, the RCC Manager will calculate the yearly net profit or loss for catering functions or events and provide this information to the Management Company. If there is a yearly net profit for the Contract year and the Management Company has not already received its management fee in full based on that amount, any balance due Management Company will be paid to it within forty- five (45) days from the end of the Contract year. However, if there is a loss for the Contract year, the Management Company will reimburse the City the amount of such loss up to. the amount of any sums the Management Company received as a management fee during the Contract year, such payment to be made to the City within forty-five (45) days from the end of the Contract year. F. The City will pay the Management Company its prior monthly cost, out of pocket expenses, and management fee (if any) by the 15t~ day (or the first business day thereafter if the 15t~ is a Saturday, Sunday or holiday) of the month for bills the RCC Manager receives by the 5t~ day of that month. Section 5: HOLD HARMLESS AND INDEMNITY. The Management Company shall indemnify and hold harmless thc City, the Civic Center Commission, their officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Management Company's or its employees, agents, or Management Company's actions, activities, or omissions, negligent or otherwise, on or near City's property or arising in any way out of or resulting from any of the work to bc provided under this Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. The Management Company shall protect, indemnify, and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, or judgements based on H:\C C~cat ering"ner~ ce~ 5 the alleged infringement or violation of any patent, trademark, invention, article, arrangement, or other apparatus that may be used in the performance of the Contract. Section 6: DEFAULT If the Management Company refuses or fails to perform any of the terms of this Contract (a default), the City may, by written notice to the Management Company, terminate this Contract (or the separable part of this Contract). In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and the Management Company shall be liable for any damages to the City resulting from the Management Company's default. Section 7: ASSIGNMENT mo Bo Section 8: The rights and obligations under this Contract may not be assigned or delegated by the Management Company without the prior written consent of the City. The City's right to receive present and/or furore payments under this Contract, and any enforcement rights in connection therewith may be assigned by the City in whole or in part. The Management Company hereby agrees in advance that it shall have no right to setoff any other claim against its obligation to make payments under this Contract, and instead must make payments to the City or Assignee and seek redress for any such claims against the City or the Assignee as may be appropriate. INSURANCE. The Management Company and its subcontractors, if any, shall maintain the following insurance coverages with a quality company, written on an occurrence basis, issued by a company licensed to transact business in this State, during the life of the Contract, and shall furnish the City with certificates of insurance which shall also include insurance deductibles, if applicable. The certificates shall name the City, the Roanoke Civic Center Commission, their officers, agents and employees as additional insureds, providing coverage against any and all claims and demands made by a person or persons whomsoever for property damages or bodily or personal injury (including death) incurred in connection with the services to be provided under this Contract with respect to the Commercial General Liability coverage and the Automobile Liability coverage. With respect to the Workers' Compensation coverage, the Management Company's insurance company shall waive rights of subrogation against the City, the Roanoke Civic Center Commission, their officers, agents and employees. A. Commercial General Liability: $5,000,000.00 $5,000,000.00 General Aggregate Limit (other than Products/Completed Operations). $5,000,000.00 Products/Completed Operations Aggregate Limit. H :\CC~cat edngservic~ 6 $5,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). Bo $5,000,000.00 each occurrence limit (including liability for Contractual, and Owners and Management Companies Protective). Automobile Liability: $5,000,000.00 combined single limit with applicable endorsement to cover waste cargo. Do Eo Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. The above limit amounts may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $5,000,000.00 Proof of Insurance Coverage: 1. The Management Company shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain substantially the following statement: Section 9: "Should any of the above described policies be cancelled before the expiration date thereof the issuing company shall mail 30 days written notice to City of Roanoke, Risk Manager, 215 Church Avenue, S.W., Room 506, Roanoke, VA 24011. The telephone number is (540) 853-1856" LIMITATION OF LIABILITY In the event of any default, nonperformance, or breach of any of the terms or conditions of this Contract by the City, Management Company agrees that the City's liability, if any, shall be limited to repayment of an amount up to, but not exceeding, the sum of money the City may have retained as the City's share of net profits, if any, under the terms of this Contract. Section 10: COOPERATION. Each party agrees to cooperate with the other in executing any documents or taking reasonable action necessary to carry out the intent and purpose of this Contract. H:\CL-~cat ~ringsm~nc~s 7 Section 11: FORCE MAJEURE The obligations of the parties under this Contract shall be subject to force majeure, which includes strikes, riots, floods, fire, accidents, acts of God, or other causes or circumstances beyond the reasonable control of the party claiming such force majeure for nonperformance or late performance of such obligations. Section 12: NONWAIVER Management Company agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Contract or the City's waiver of any particular breach of this Contract by the Management Company 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 this Contract by the Management Company and does not bar the City from requiring the Management Company to comply with all the terms and conditions of this Contract and does not bar the City from asserting any and all rights and/or remedies it has or might have against the Management Company under this Contract or by law. Section 13: FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, the Management Company submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. Section 14: SEVERABILITY. If any provision of this Contract, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall not be affected and all other terms and conditions of this Contract shall be valid and enforceable to the fullest extent permitted by law. Section 15: COMPLIANCE WITH LAWS AND REGULATIONS Management Company agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations. Section 16: TAXES. Management Company agrees to pay all applicable taxes which may be assessed against Management Company by reason of its performance under this Contract based on the value of any property of Management Company situated at the Facilities at any time or that Management Company may otherwise properly owe under applicable laws, ordinances, or regulations. H:\CC~cat~rings~dc~s 8 Section 17: REPORTS, RECORDS AND AUDIT Management Company agrees to maintain all books, records and other documents relating to this Contract for a period of five (5) years after the end of each fiscal year included in this Contract. The City, its authorized employees, agents, representatives, and/or state auditors shall have full access to and the right to examine and/or audit any of said materials during said period. _Section 18: NONDISCRIMINATION CLAUSE. Every contract of over $10,000 to which the City is a party shall contain the provisions in subparagraphs (A) and (13) herein. A. During the performance of this Contract, Management Company agrees as follows: Management Company will not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of Management Company. Management Company agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Management Company, in all solicitations or advertisement for employees placed by or on behalf of Management Company, will state that Management Company is an equal employment opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Bo Management Company will include the provisions of the foregoing paragraphs A 1, 2, and 3 in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Section 19: AUTHORIZED REPRESENTATIVES Management Company shall appoint one of its key personnel as a representative who shall have the power and authority to work with the City and represent Management Company in all administrative matters so as to provide for the correction of problems and reduction of costs. The Authorized Representative shall be the person identified in Management Company's Proposal, unless the Management Company provides written notice to the City naming another person to serve as its Authorized Representative. Section 20: NOTICES, All notices must be given in writing and shall be validly given if sent by certified mail, return receipt requested, or by a nationally recognized ovemight courier, addressed as follows (or any other address or facsimile number that the party to be notified may have designated to the sender by like notice) or if sent by facsimile to the facsimile number set forth below: To City: Facsimile: Roanoke Civic Center Manager Roanoke Civic Center 710 Williamson Road, NE Roanoke, VA 24016 (540)853-2748 Copy to: Facsimile: Director of Utilities and Operations 354 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 (540)853-2773 If to Management Company: Facsimile:' Section 21: SUCCESSORS AND ASSIGNS The terms, conditions, provisions, and undertakings of this Contract shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. Section 22: HEADINGS, The captions and headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. Section 23: COUNTERPART COPIES, This Contract may be executed in any number of counterpart copies, each °fwhich shall be deemed an original, but all of which together shall constitute a single instrument. Section 24: ENTIRE CONTRACT. This Contract constitutes the complete understanding between the parties. This Contract may be modified only by written agreement properly executed by the parties. IN WITNESS WHEREOF, the parties have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk By: City Manager WITNESS: FELLS POINT CATERING, INC. D/B/A HIGHTOPPS CATERING Printed l4qm~. ~i,g~!b3 '~. ~9.~/ Title:PresiX&/nt v . . J Approved as to Form: Approved as to Execution: SEAL City Attorney City Attorney Seen and approved: Director or Utilities and Operations Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct. # Seen and Approved: Chairman, Roanoke Civic Cemer Commission EXHIBIT 1 TO CONTRACT FOR CATERING MANAGEMENT SERVICES Between Fells Point and City of Roanoke Procedures for Bu in and Sellin Invento Items All items necessary for the preparation of catered food/non-alcoholic beverage products shall be purchased by the Management Company. The Management Company shall be responsible for ordering such products, and for payment of all invoices for such products ordered. The Management Company will bill the City for such direct out of pocket expenses pursuant to Section 4(B) of the Contract. The Management Company shall be responsible for delivery and storage of all food/non-alcoholic beverage products in the kitchen facilities provided by the City. o o The City shall purchase all alcoholic beverages necessary for catered functions through its ABC Catering License. The Management Company shall notify the Civic Center Food & Beverage Supervisor at least five days in advance of any alcoholic beverage products needed for any catering function. The cost of said alcoholic beverages will. be included as an operating expense in calculating net profits for the catering operation. All cash bars will be operated by the City, and the City will collect all fees for said cash bars. Non-cash bars may be operated by the Caterer or the City subject to mutual agreement between the parties for each event. The Management Company shall provide the Civic Center Food & Beverage Supervisor with complete information on quoted rates for each catered function in advance, and shall provide the Civic Center Accountant with billing information subsequent to the event in accordance with Section 3(M) and 4(C) of this Contract. The City may require an advance deposit prior to the event for a catered function for licensees, tenants or clients that do not have a credit standing with the Roanoke Civic Center. The City shall invoice the licensees, tenants, or clients for catering services provided based upon the information provided by the Management Company, and the City shall be solely responsible for collection of all fees. Any fees deemed not collectible by the City shall not be included in gross receipts for computing net profits. EXHIBIT 2 TO CONTRACT FOR CATERING MANAGEMENT SERVICES BETWEEN FELLS POINT AND CITY OF ROANOKE KITCHEN EQUIPMENT ROANOKE CIVIC CENTERMASTER KITCHEN SUPPLy LIST Description of Item Type Condition Quantity Trough-Veyor w/Salvajor II Disposal Excellent 1 Hobart Dishwasher Model CS- 117 Poor 1 Disposal Salvajor II Poor 1 Stainless Steel Sinks Good 11 Steam Cookers Market Forge (Model A-l) Poor 2 Fryers Toastmaster (2 baskets) Fair 2 Broilers Toastmaster Fair 2 Ovens Vulcan(with base) Fair 4 Flat Top Toastmaster Poor 1 Slicer Hobart Model 1712 Good 1 Hot Carts Carter Hoffman #BB96 Poor 19 Stainlesss Steel Carts SECO Fair 7 Wire Carts Wire Fair/Good 16 Ice Makers Ross-Temp Good 3 Bins Follett D 1000SS Fair 4 Refrigerator Walk-In 26' X 11 '9" Good 1 Freezer Walk-In 16'X 11'6" Good 1 Hot Table Robert Shaw Good 1 Serving Carts Sheet Pan Rack Carts Good 24 Tilt Fryers Groen Model EPC3 Good 2 MARY E PARKER, CMC/AAE 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: 1540) 853-1145 SANDRA H. EAKIN DepuLv Cit~, Clerk December 14, 1999 File #323 Gary W. Jarrell, President Valley Boiler, Inc. 701 Salem Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Jarrell: I am enclosing copy of Ordinance No. 34589-120699 accepting the bid of Valley Boiler, Inc., in the amount of $86,184.00, to replace the chiller and to perform related work at the Roanoke City Main Library, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: Sherman A. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Glenn D. Radcliffe, Director, Human Development Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer C:hMyFil~sXdec6. wpd Gary W. Jarrell December 14, 1999 Page 2 pc: Ellen S. Evans, Construction Cost Technician Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management Beverly A. James, City Librarian, Roanoke City Library Lynnis B. Vernon, Acting Manager, Building Maintenance/Custodial Services C :'d~dy Files\dcc6. w,pd MARY E PARKER, CMC/AAE 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 SANDRA H. EAKIN Deputy Cit> Clerk December 14, 1999 File #323 Stephen R. Homan, President Capitol Boiler, Inc. 707 Kessler Mill Road Salem, Virginia 24153 W. S. Williams, Jr., Chief Estimator Varney Electric Co., Inc. P. O. Box 3187 Roanoke, Virginia 24015 Ronald G. Kidd, President Southern Air, Inc. P. O. Box 4205 Lynchburg, Virginia 24502 Lin Barr, Secretary/Treasurer Moore's Electrical & Mechanical Construction, Inc. P. O. Box 119 Altavista, Virginia 24517 Brenda G. Dalton, President Tune & Toler, Inc. P. O. Box 151 Chatham, Virginia 24531 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 34589-120699 accepting the bid of Valley Boiler, Inc., in the amount of $86,184.00, to replace the chiller and to perform related work at the Roanoke City Main Library, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:lo Enclosure C:h'VlyFile~ec6.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6~h day of December, 1999. No. 34589-120699. AN ORDINANCE accepting the bid of Valley Boiler, Inc., to replace the chiller and perform the related work at the Roanoke City Main Library, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Valley Boiler, Inc., in the total amount of $86,184 to replace the chiller and perform the related work at the Roanoke City Main Library, as is more particularly set forth in the City Manager's report dated December 6, 1999, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order'to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. ~ECEIVF..D P2:57 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE CITY MAIN LIBRARY CHILLER REPLACEMENT ROANOKE, VIRGINIA BID NO. 99-9-52 December 6, 1999 Council Report No. 99-179 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, W. Alvin Hudson · Radcliffe Robert K. Bengtson CES/LBC/fm Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Human Development Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue City Librarian Acting Manager, Building Maintenance/Custodial Services December 6, 1999 Council Report No. 99-179 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE CITY MAIN LIBRARY CHILLER REPLACEMENT ROANOKE, VIRGINIA BID NO. 99-9-52 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, Acting City Manager JDR/LBC/fm Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Human Development Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue City Librarian Acting Manager, Building Maintenance/Custodial Services December 6, 1999 Council Report No. 99-179 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE CITY MAIN LIBRARY CHILLER REPLACEMENT ROANOKE, VIRGINIA BID NO. 99-9-52 Background on the subject in chronological order is as follows: Followin.q proper advertisement, bids were publicly opened and read aloud by D. Darwin Roupe, Manager, Office Supply Management, on October 27, 1999. Six (6) bids were received with Valley Boiler, Inc. of Roanoke, Virginia submitting the Iow bid in the amount of $86,184 and 120 consecutive calendar days. C. Proiect consists of the following: Initial intent was to replace the existing 120 ton chiller. In checking the chiller size and information as to its operation, it was determined that a 135 ton chiller would be required. This should also correct the excessive humidity complaints from the personnel at the library. This upgrade in size also required the replacement of the evaporator and changes to the electrical work serving both units. II. Current situation is as follows: The existin.q chiller was determined to be in need of replacement. The new chiller was designed to better fit the needs of the library. The project was advertised and bids were received to provide a new chiller, evaporator and related work. III. Issues in order of importance are as follows: Ao B. C. D. EnRineerin,q concern~ Amount of Iow bid Fundin,q Time of completion Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CITY MAIN LIBRARY CHILLER REPLACEMENT ROANOKE, VIRGINIA BID NO. 99-9-52 December 6, 1999 Page 2 IV. Alternatives in order of feasibility are as follows: Accept the Iow bid of Valley Boiler, Inc. in the amount of $86,184 and 120 consecutive calendar days construction time. Engineerin.q concerns would be met. The new unit(s) are large enough to cool the building properly which will also help solve the problem of too much humidity. Amount of the Iow bid is acceptable due to the increase in capacity of both the chiller and the evaporator. Fundinq is available in Building Maintenance Account No. 001-052-4330- 3057, Maintenance of Fixed Assets. Time of completion is acceptable, New equipment should be in use by April 1, 2000· B. Reject the bids received and do not award a contract at this time. 1. Eng neering concerns would not be met in a timely manner. 2. Amount of the Iow bid would probably change. 3. Funding would not be encumbered at this time. Time of completion would be extended. This would mean the library would operate for some time without air conditioning. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the Acting City Manager to enter into a contractual agreement with Valley Boiler, Inc. to replace the chiller and perform the related work at the Roanoke City Main Library in accordance with the contract documents as prepared by Lawrence Perry and Associates, Inc. in the amount of $86,184 and 120 consecutive calendar days, with the form of the contract to be approved by the City Attorney. Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CITY MAIN LIBRARY CHILLER REPLACEMENT ROANOKE, VIRGINIA BID NO. 99-9-52 December 6, 1999 Page 3 B. Reiect the other bids received. CES/LBC/fm Attachment: Bid Tabulation C-' City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Human Development Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue City Librarian Acting Manager, Building Maintenance/Custodial Services TABULATION OF BID-~ ROANOKE CITY MAIN LIBRARY CHILLER REPLACEMENT ROANOKE, VIRGINIA BID NO. 99-9-52 Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Wednesday, October 27, 1999, at 2:00 p.m. BIDDER LUMP SUM NO. DAYS Valley Boiler, Inc. $ 86,184 120 Capitol Boiler, Inc. $ 89,695 120 Southern Air, Inc. $114,300 _ Varney Electric Company, Inc. $116,950 120 Moore's Electrical and Mechanical Mechanical Construction, Inc. $118,222 120 Tune and Toler, Inc. $149,800 120 All bidders acknowledged receipt of Addendum I. Estimated Cost: $75,000 Lawrence Perry and Associates, Inc. Consulting Engineers Roanoke, Virginia Office of the City Engineer Roanoke, Virginia December 6, 1999 MARY E PARKER, CMC/AAE 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 SANDRA H. EAKIN Deputy City Clerk December 14, 1999 File #392 Gene Lucas, President U. S. Construction Company of Roanoke 8201-C Williamson Road, N. W. Roanoke, Virginia 24019 Dear Mr. Lucas: I am enclosing copy of Ordinance No. 34591-120699 accepting the bid of U. S. Construction Company of Roanoke, in the amount of $247,606.00, for construction of Phase IV of the Railside Linear Walk/Park, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Ritchie, Sr., Acting City Manager Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Chades M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management C:hMyFil~klcc6.wpd MARY F. PARKER, CMC/AAE 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: 1540) 853-1145 SANDRA H. EAKIN Deputy Cit.,,, Clerk December 14, 1999 File #392 J. W. Christenbury, Jr., President Acorn Construction, Ltd. P. O. Box 625 Troutville, Virginia 24175 William R. Hedrick, President Corte Construction Co., Inc. P. O. Drawer 1089 Roanoke, Virginia 24605 Gentlemen: I am enclosing copy of Ordinance No. 34591-120699 accepting the bid of U. S. Construction Company of Roanoke, in the amount of $247,606.00, for construction of Phase IV of the Railside Linear Walk/Park, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure C: ~vlyFiles'~l~c6. wlxl 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1999. No. 34591-120699. AN ORDINANCE accepting the bid of U.S. Construction Co. of Roanoke for construction of Phase IV of the Railside Linear Walk/Park, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of U.S. Construction Co. of Roanoke, in the total amount of $247,606, for construction of Phase IV of the Railside Linear Walk/Park, as is more particularly set forth in the City Manager's report dated December 6, 1999, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 14, 1999 File #392 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34590-120699 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for transfer of $272,336.00, in connection with a bid submitted by U. S. Construction Company of Roanoke, for construction of the Railside Linear Walk/Park - Phase IV Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc; The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Ritchie, Sr., Acting City Manager Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management C: hMy Filc~'~tcc6. wlx:l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December, 1999. No. 34590-120699. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADoroDriations Parks and Recreation Railside Linear Park - Phase IV (1) ............................ Capital Improvement Reserve Public Improvement Bonds Series 1996 (2) ...................... $ 4,096,927 272,366 $ 30,285,721 2,024,774 1) Appropriated from Bond Funds (008-052-9730-9001) $ 272,366 2) Parks (008-052-9701-9180) (272,366) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. December 6, 1999 Council Report No. 99-183 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Member of City Council: Subject: BID COMMITTEE REPORT RAILSIDE LINEAR WALK/PARK - PHASE IV BID NO. 99-10-70 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, Carroll E. Sw/a(n, C~rman Alvin Hudson Kit B. Kiser CES/CDA/bs Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Public Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue '99 NOV 30 A9:Sa December 6, 1999 Council Report No. 99-183 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT RAILSIDE LINEAR WALK/PARK - PHASE IV BID NO. 99-10-70 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, D Ritchie Acting City Manager JDR/CDA/bs Attachment: Bid Committee Report C: City Attomey City Clerk Director of Finance Acting Director of Public Works Director of Public Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue December 6, 1999 Council Report No. 99-183 Honorable Mayor Bowers and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT RAILSIDE LINEAR WALK/PARK - PItASE IV BID NO. 99-10-70 Background on the subject in chronological order is as follows: Construction of the Railside Linear Walk/Park is proceeding in various phases. Phase I has been completed. Phase II (Phase IB) and Phase III will be completed during December 1999. Bo Phase IV will construct only the plaza area located on the east end of Warehouse Row. InSystems is renovating the warehouse on the east end of Warehouse Row and plans to move into the building on December 3, 1999. The plaza is being constructed as a separate phase in order to accommodate InSystems's start-up in their new location by providing InSystems with access to the east side of their building prior to the completion of the final Railside Linear Walk/Park phase. Co Phase V, the elevated walkway, will be advertised for bids pending conclusion of right-of-way acquisition. II. Current situation is as follows: mo Following proper advertisement, bids were publicly opened and read aloud by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, November 16, 1999, at 2:00 p.m. B. Three bids were received with U.S. Construction Co. of Roanoke, 8201-C Williamson Road, N.W., Roanoke, Virginia 24019, submitting the low bid in the amount of $247,606. C. The total construction cost of Phase IV of the project is estimated as follows: Construction Contract Contingency $247,606 24,760 Total $272,366 Honorable Mayor and Members of City Council BID COMMITTEE REPORT RAILSIDE LINEAR WALK/PARK - PHASE IV BID NO. 99-10-70 December 6, 1999 Page 2 III. Issues in order of importance are as follows: A. Cost B. Funding C. Time of completion IV. Alternatives in order of feasibility are as follows: mo Authorize the Acting Ci_ty Manager to execute a lump sum contract~ in a form approved by the City Attorney, with U.S. Construction Co. of Roanoke, in the amount of $247,606, with a contingency of $24,760 and 120 consecutive calendar days to complete Phase IV of the Railside Linear Walk/Park Project. Cost is 24.5% greater than the engineer's estimate of $198,929. Rebidding would probably not reduce the cost. 2. Funding in the amount of $272,366 is available from 1996 Bond Funds. o Time of completion allowed by the contract is 120 days. The purpose of constructing the plaza separately is to provide access to InSystems so that the Railside Linear Walk/Park Project construction will not impact their business. B. Do not authorize the Acting City Manager to execute a contract with U. S, Construction Co. of Roanoke. 1. Cost would be based on future bids. 2. Funding would remain available in 1996 Bond Funds. 3. Time of completion would be extended. Vo Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Honorable Mayor and Members of City Council BID COMMITTEE REPORT RAILSIDE LINEAR WALK/PARK - PHASE IV BID NO. 99-10-70 December 6, 1999 Page 3 mo Bo Authorize the Acting City Manager to enter into a contractual agreement, in a form approved by the Ci_ty Attorney, with U.S. Construction Co. of Roanoke, in the amount of $247,606 and 120 consecutive calendar days, to construct Phase IV of the Railside Linear Walk/Park Project. Authorize the Director of Finance to transfer $272,366 (which consists of $247,606 for the contract amount and $24,760 for contingency) from 1996 Bond Fund account 008-052-9701-9180 to an account to be established by the Director of Finance for Railside Linear Walk/Park - Phase IV. CDA/bs Attachment - Bid Tabulation C: City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Public Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue TABULATION OF BIDS RAILSIDE LINEAR WALK/PARK - PHASE IV BID NO. 99-10-70 Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, November 16, 1999, at 2:00 p.m. Acorn Construction, Ltd $328,800 Corte Construction Co., Inc. $375,000 U.S. Construction Co. of Roanoke $247,606 Estimated Cost: $198~929 Office of the City Engineer Roanoke, Virginia December 6, 1999 MARY E PARKER, CMC/AAE 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 SANDRA H. EAKIN Deputy City Clerk December 14, 1999 File #51 Mr. Carl S. Turner P. O. Box 13184 Roanoke, Virginia 24101 Mr. and Mrs. Joseph E. Wells 170 Poplar Point Drive Hardy, Virginia 24101 Dear Mrs. Wells and Gentlemen: I am enclosing copy of Ordinance No. 34578-120699 rezoning two tracts of land lying in the Norwich area of the City of Roanoke located at 2203 and 2209 Buford Avenue, S. W., identified as Lots 28 and 32, Official Tax Nos. 1421318-1421322, inclusive, from LM, Light Manufacturing District, to RS-3, Single Family Residential District. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, November 15, 1999, also adopted by the Council on second reading on Monday, December 6, 1999, and will be in full force and effect ten days following the date of its second reading. Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: Mr. and Mrs. Wallace Hines, 2210 Buford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Herman Wright, 2202 Buford Avenue, S. W., Roanoke, Virginia 24015 The Reverend Gary Fulsebakke, 525 Poplar Drive, Lynville on the Lake, Hardy, Virginia 24101 Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner C:XMyFil c~'x:6, wlxl Mr. Carl S. Turner Mr. and Mrs. Joseph E. Wells December 14, 1999 Page 2 pc: Charles M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner C:LMyFile~de~6.wptl 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1999. No. 34578-120699. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 142, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, Joseph E. Wells, Shelby J. Wells and Carl S. Turner have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to RS-3, Single Family Residential District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 15, 1999, after due and timely notice thereofas required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that {}36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 142 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two tracts of land, being Lots 28 through 32, lying in the Norwich area of the City, inclusive, and designated on Sheet No. 142 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1421318 through 1421322, inclusive, be, and are hereby rezoned from LM, Light Manufacturing District, to RS-3, Single Family Residential District, pursuant to the Petition filed in the Office of the City Clerk on August 31, 1999, and that Sheet No. 142 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:',ORD-RF.Z\OREZ-WELLS- I 1 - 15-99 ~CHART~ I~ECEIVED CITY CLERK? OP. T21 974 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 November 15, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Joseph E. Wells, Shelby J. Wells and Carl S. Turner that lots 28 through 32, located at 2203 and 2209 Buford Avenue, S.W., and designated as Official Tax Nos. 1421318 through 1421322, inclusive, be rezoned from LM, Light Manufacturing District, to RS-3, Single Family Residential District. I. Background: In late 1996, the Norwich neighborhood organization expressed its desire to have their neighborhood rezoned for residential purposes. The existing land use conflicted with the light manufacturing zoning. Planning staff undertook extensive information and public participation efforts in early 1997 in order to gain input from residential and business/industry owners in the Norwich community. Roanoke City Planning Commission held a public hearing to rezone 174 parcels in May, 1997, from HM, Heavy Manufacturing District, and LM, Light Manufacturing District, to RS-3, Residential Single Family District, and CN, Neighborhood Commercial District. Mr. Joseph Wells, property owner, appeared before the Commission at the public hearing and stated he supported the rezoning. However, he requested that parcels he owned be removed from consideration. There was also discussion at the Commission's public hearing about the present nonconformity of the oil storage facility and the owner of that facility's request to leave the zoning as manufacturing. Commission members discussed the overall downzoning of the area and felt that the oil company property should not be part of the rezoning request. They did not, however, agree to delete the six parcels that Mr. Wells had requested. Co City Council recommended rezoning of all properties in the proposed rezoning area, with the exception of properties located on the north and south sides of Buford Avenue, S.W., (Official Tax Nos. 1421309-1421322, inclusive) and on the Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Members of Council Page 2 south side of Buford Avenue, S.W., (Official Tax Nos. 1421624-1421626) at their public hearing in June, 1997. The aforementioned properties were referred back to the Planning Commission for further study. Do On September 1, 1999, after further consideration of the rezoning for the north and south sides of Buford Avenue, the Planning Commission withdrew its request because most of the properties were vacant land and there was opposition to the rezoning. Il. Current Situation: Ao Applicant met with staff about eight weeks ago to discuss the possibili _ty of rezoning five parcels of land on Buford Avenue for residential purposes. The properties are existing houses and lots that owners wish to rehabilitate. The five parcels discussed were included in those parcels referred back to the Commission for further study. Planning Commission public heating was held on October 5, 1999. There was no one present who spoke in opposition to or in support of the rezoning request. After presentation by the petitioner and consideration by the Commission, the Commission voted unanimously to recommend approval of the rezoning. III. Issues: A. Zoning B. Land use. C. Neighborhood development. D. Comprehensive plan. IV. Alternatives: A. Approve the rezoning request. Zoning is changed fi.om LM to RS-3, which is consistent with similarly developed properties in the neighborhood. Land use is residential and will be permitted to remain as residential. Existing structures can be improved. Neighborhood development is enhanced as a result of the ability to invest in the residential rehabilitation of existing properties. Members of Council Page 3 Comprehensive plan recommends that neighborhood character and environmental quality should be protected and that neighborhood enhancement should be encouraged. B. Deny the rezoning request. 1. Zoning remains LM Land use is "nonconforming" residential use that cannot be expanded or improved beyond 50% of its value. o Neighborhood development may be hindered by the inability to invest in existing residential properties. Comprehensive plan could be followed if industrial development is the priority for these parcels. V. Recommendation: The Planning Commission, by a vote of 5-0 (Messrs. Hill and Chrisman absent) recommended approval of the request to rezone five parcels (Official Tax Nos. 1421318- 1421322, inclusive) that were previously part of an overall downzoning of the Norwich area for residential purposes. The Commission still feels that the area is a viable neighborhood and the rezoning would further protect the neighborhood character and environmental quality. ESL:mpf attachments cc: Assistant City Attomey Petitioners Respectfully submitted, Barbara N. ' Duerk, C Roanoke City Planning Commission RECEIVED CITY CLERKS OFF)CE PETITION TO REZONE ~ AUG 31 IN THE COUNCIl. OF THE CITY OF ROANOKE, VIRGINIA P 1:20 IN RE: Rezoning of two tracts of land lying in the Norwich area of the City of Roanoke at 2203 and 2209 Buford Avenue, Lots 28 to 32 (Tax Numbers 1421318-1421322 inclusive), from LM, Light Manufacturing District to RS-3, Single Family Residential District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Joseph E. Wells, Shelby J. Wells and Carl S. Turner, own land in the City of Roanoke containing one-half acre, more or less, located at 2203 and 2209 Buford Avenue, Lots 28 to 32 (Tax Numbers 1421318-1421322 inclusive). Said tracts are currently zoned LM, Light Manufacturing District. A map of the properties to be rezoned is attached as Exhibit 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said properties be rezoned from LM, Light Manufacturing District to RS-3, Single Family Residential District for the purpose of returning two single family homes to their odginal zoning as residences. The Petitioners believe the rezoning of the said tracts of land will further the intent and purposes of the City's Zoning Ordinances and it's comprehensive plan, in that it will further comply with the City's effort to rezone the Norwich residential areas from LM, Light Manufacturing District to RS-3, Single Family Residential District. (See Ordinance No. 34458 referenced in City of Roanoke, Office of the Clerk letter dated June 20, 1997 attached as Exhibit 2.) Attached as Exhibit 3 are the names, addresses and tax numbers of the owners of ali lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. ~bmitted this 27th day of August, 1999. "'-lq0 Poplar Point Drive 170 Poplar Point Drive Hardy, VA 24101 Hardy, VA 24101 540-721-4754 540-721-4754 Cad S. Turner P.O. Box 13184 Roanoke, VA 24101 540-947-23O6 MARY F. PARKER. CMC/AAE City Cl~rk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 20, 1997 File Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virgi.nia 24014 Dear Mr. Butler:. A public hasting on the request of the City Planning Commission that 114 percefs of lend in the Nonvich neighborhood located in the southwest quadrant of the City, bounded Offidal inct;sive, 142~1010 - 1421018, inclusive, 1421110 - 1421122, inclusive, 1420914, · ive 1421001 - 1421009, 0917 1420919 - 1420925, ~nctus , 1420916, 142 ,_ _ . inclusive, 1420509 - 1420516, · uaive 1420315- 1420323. 1421101 - 1421109, ~ncl_u~' -, .... ...,,,,,n,, 1420409, inclueive, be rezonecl from ;,.,-h~ivA 1420501 - 1420,50e, ir~uSlve, ~.~o.~..-. - . ' ' 'ct' 48 rcets ---'-""--' .... : · 'dentiai S~ ie-Famdy Dtstri , pa . .... , . ,,..~.~,.~nn Di~ricL to RS-3, Res~ ng - - - ~ ..... sr r~M, near)",,-=, ~,,-.-,--- - ~ .......... ,~....,..~h Nomacn Park ot~ me eu=, I RoanOKe Avetlue u. u ,o, ,,~ ,,,, of land bounded .~.,Y by _. ~....~..,~ o= r'er~et Tax Nos. 1421601 - 1421803, and Bridge Street on me west, ~u~,,,,,,~., ....... inclusive, 1421201 - 1421203, inclusive, 1421624 - 1421829, inclusive, 1'421204 - 1421211, inclusive, 1421309- 1421322, ina~ive, .1~4~1.2..1.,5~, 1421217- 1421224, inclusive, 1421301, 1421303, 1421304, 1421308, ana ~;~z/.z~, be rezoned from LM, L,_,....-- ~ ,,~,,~ nie~,it~ to RS-3, Residential Single-Family DiStrict; .si~ par~. Is.of land_ ight rau~u~,~---a -- .'T:~_;,. o_. ~..,.,. o~i~a,, lines on the north ancl Roanoke Avenue ........ "- _ ' 01' r~l;~llOl~o r~. ,~.~., II:~flt · · m'cel on the south Ofticial Tax Nos. ~ ~/.zw~. -_ · y-.~-...,~,. ,,.:_:- ._ -_,~_,~ m~ident~at Sin<31e-Family District; three parcels of_lana ~.?. ~ _~*.'X..n~d'~_~ LM' Lia~ Manufacturing District, to 1322.110, 1421402 an(]. 14_'~'"1 .?, ~ ,_.~. ,,,.-'~',~.,~ ,~*.~;1~ of land on t~e east side of RS-3, Residential $1ngle.~armly D,stri~ an,., .,,, ~- r---~ Gilbert E. Butler, Jr., Chair City Planning Commission June 20, 1997 Page 2 Bddge Street, identified as Official Tax Nos. 1420314, 1420901 and 1420926, be rezoned from HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District. was before the ~1 of the City of Roanoke at a regular meeting held on Monday, June 16, 1997. On motion, duly secondad and adopled, Ordinance No. ~..~.58, as amended, wes adopted on its first reading. However, property located on the north and south sides of Buford Avenue, described as Official Tax Nos. 1421309 - 1421322, respectively, and property located on the south side of Buford Avenue, described as Official Tax Nos. 1421624 - 1421626, respectively, was referred back to the City Planning Commission for further study, report and reoo~ton to Council. MFP:sm Sincerely, Mary F. Parker, CMCIAAE City Clerk Mr. end Mrs. Russell J. Eanas, 1745 Roanoke Avenue, S. W., Roarmke, Virginia 24015' Mr. and Mrs. Raymond Jackson, 1741 Roanoke Avenue, S. W., Roanoke, Virginia r.15 Joseph Wells, 2209 Buford Avenue, S. W., Roanoke, Virginia 24015 Lucian Y. Grove, Preeldent, Contracting Enterprises, Inc., P. O. Box 13725, Roanoke, Virginia 24036 Mr. and Mm. Welford Bowles, 1815 Roarmke Avenue, $. W., Roanoke, Virginia 24015 Mr. Sidney L Huffman, P. O. Box 2476, Roanoke, Virginia 24010 Mr. and Mm. Wallace Hines, 2210 Buford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mm. Herman Wright, 2202 Buford Avenue, S. W., Roanoke, virginia 24015 Ms. Marion McDaniel and Mr. Douglas W. McDaniel, Sr., P. O. Box 19135, Roartoke, virginia 24034 Mr. and Mrs. C. L Cromer and Ms. Phyllis S. Laster, 2003 Rice Avenue, Salem, Virginia 24153 Mr. and Mm. Coy Bowling, 2428 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Trustees, Roanoke Avenue Baptist Church, 2205 Roanoke Avenue, $. W., Roanoke, Virginia 24015 ADJOINING Mr. & Mrs. Wallace Hines 2210 Buford Avenue Roanoke, VA 24015 Tax Nos. 1421625 to 1421626 Mr. & Mrs. Herman Wright 2202 Buford Avenue Roanoke, VA 24015 Tax Nos. 1421624 Mr. Gary Fulsebakke, Pastor 525 Poplar Drive LynvJlJe on the Lake Hardy, VA 24101 Roanoke Avenue Baptist Church 2205 Roanoke Avenue Roanoke, VA 24015 Joseph E. & Shelby J. Wells 170 Poplar Point Drive Hardy, VA 24101 Lots 23 to 27 Tax Nos. 1421313 to 1421317 LANDOWNERS i4Zi~60 IAzl&Tt /,~. ~' ,,47. J'~ 14,Z'I4nZi u .0 J~ 119'0 o i4~J~7 ' 4 '~ ~ ~ee~, The Roanoke Times Ad Number: 1282378 Publisher's Fee: $136.90 CITY OF ROANOKE/DEPT. OF PLANNING & COMMUNITY DEV 215 CHURCH AVE., SW, RM ROANOKE, VA 24011 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, {the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/28/99 FULL RUN - Thursday 10/28/99 FULL RUN - Thursday 11/04/99 FULL RUN - Thursday 11/04/99 FULL RUN - Thursday Witness, this 8th day of November 1999 (1979) as amended the Coun- cil of the City of Roanoke Mil hold a Pub~ Has,rig ~m~ Mon- 7:00 p.m., in tile~ Co~nctl Chamber in th~ Municipal I~uildlng, 215 Church Aveflue, S.W., on the question of re,mn- lng Dismct, to RS-3, Sln~' Family ReskMrd~l ~, the 28 throu~ 32, yng In the Nm'- and beating ~ Tax Nos. 1421318 ~ 142/322, Inclusive. pmfdas M k~Me~ n~y N~eM (/282378) ' Au~ori zed Signature eoounty c,f mon'.,;esl~.h/S[ate o, ~J LA~ .... Sworn to and subscr;bed be:om t~e this ~ ~~=~.~. W}~1¢~ my h~,nd and off. My Commission Expires May 3% 2001 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: 1540) 853-2541 Fax: (540) 853-1145 November 1, 1999 File #51 SANDRA H. EAKIN Deputy Cit5 Clerk Mr. Carl S. Turner P. O. Box 13184 Roanoke, Virginia 24101 Mr. and iMrs. Joseph E. Wells 170 Poplar Point Drive Hardy, Virginia 24101 Dear Mr. Turner and Mr. and Mrs. Wells: Pursuant to provisions of Resolution No. 25523 adopted b)) the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 15, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on your request that two tracts o f land lying in the Norwich area of the City of Roanoke located at 2203 and 2209 Buford Avenue, S. W., identified as Lots 28 and 32, Official Tax Nos. 1421318-1421322, inclusive, be rezoned from LM, Light Manufacturing District, to RS-3, Single Family Residential District. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance, and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the November 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parke, CMC/AAE City Clerk MFP:lo Enclosure MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 2401 I-1536 Telephone: (540) 853-2541 Fax: (5401 853-1145 SANDRA H. EAKIN Deputy Cily Clerk November 1, 1999 File #51 Mr. and Mrs. Wallace Hines Mr. and Mrs. Herman Wright The Reverend Gary Fulsebakke Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 15, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of Mr. and Mrs. Joseph E. Wells and Mr. Carl S. Turner that two tracts of land lying in the Norwich area of the City of Roanoke located at 2203 and 2209 Buford Avenue, S. W., identified as Lots 28 and 32, Official Tax Nos. 1421318-1421322, inclusive, be rezoned from LM, Light Manufacturing District, to RS-3, Single Family Residential District. The City Planning Commission is recommending approval of the abovedescribed request for rezoning. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Community Development at 853-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Publish in The RoanokeTribune, once on Thursday, November 4, 1999 Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24001 853-1145 (Fax) Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 853-1230 (fax) N:\CKLOI~,D.WPD Publish in The Roanoke Times, once on Thursday, October 28 and Thursday, November 4, 1999. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 853-1145 (fax) Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 853-1230 (fax) N:\CKLOI~AD,WPD NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 15, 1999, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from LM, Light Manufacturing District, to RS-3, Single Family Residential District, the following property: Two tracts of land, being Lots 28 through 32, lying in the Norwich area of the City, inclusive, and bearing Official Tax Nos. 1421318 through 1421322, inclusive. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 28th day of October ,, 19 99 Mary F. Parker, City Clerk. H:',N OT 1CE~,NREZ-WELL S- 11 - 15-99 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk December 14, 1999 File #55-353 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 1999, Council Member Wyatt advised that it has come to her attention that due to a policy decision, the CORTRAN and STAR transportation systems are not permitted to cross jurisdictional lines; therefore, some citizens using the transportation systems cannot reach their destinations. She requested that the matter be referred to the Acting City Manager to determine if a reciprocal agreement can be reached allowing the two transportation systems to cross jurisdictional lines. MFP:Io Sincerely, Mary F. Parker, CMC/AAE City Clerk C:kMyFil~\dcc6.wpd t~ECEIVED CiTY CLERKS OFFICE '99 ~l]-3 A9:04 December 6, 1999 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Public Hearing for Conveyance of Real Property to InSystems Technologies, Inc. By Ord. No. 34248-050399 City Council previously approved the sale of a .013 acre portion in fee simple and a 195 square foot air rights easement across a City-owned parcel on Norfolk Avenue, identified by Tax Map No. 1010310, to InSystems Technologies, Ltd., to allow construction of an addition to their building. Renovation of the building has revealed that the end wall °fthe building is leaning, thus creating a need for an additional three-foot strip (containing 130 square feet) of property for the addition. Consideration for the additional property will be $2,525, which is the same rate per square foot ($19.42) as the previous conveyance. Due to construction and financing schedules, InSystems has requested that the additional property be conveyed to them as quickly as possible, therefore I am requesting that City Council schedule a public hearing on this matter for Monday, December 20, 1999. Respectfully submitted, Ja~~D.~chi~ Acting City Manager JDR/KBK/SEF CC: City Attorney City Clerk Director of Finance Director of Utilities and Operations Acting Budget Administrator Assistant to City Manager for Community Relations City Engineer Engineering Coordinator RECEivED CI~Y C~ ~_:~.K~ '99 DEC-3 /~9:04 Office of the City Manager December 3, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Request to Schedule a Public Hearing - Report not on City Council's Agenda Although the need for the attached report was not received until this morning, after the close of the December 6, 1999, Council meeting agenda, this is to request Council's indulgence to consider the report on December 6. Representatives of InSystems Technologies, Inc. have indicated a desire to correct, as soon as possible, the amount of square footage of land being acquired from the City because of impact on their bank financing. Sincerely, Ritchie Acting City Manager JDR:KBK:afm Attachment CC: vl~aryiam M. Hackworth, City Attorney F. Parker, City Clerk James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Sherman Stovall, Acting Budget Administrator D. D. Daniels, Assistant to City Manger for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Edward Natt, Attorney Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke,vaus Funding in the amount of $984,857 is needed in order to meet the required local match. Funding in the amount of $979,805 was included in the fiscal year 1999-2000 resource allocation plan adopted by City Council. An additional $5,052 has been transferred to the Health Department budget in order to meet the required local match (40.36% of total cooperative budget). The 1999-00 Health Department Budqet is based on approved funding as follows: a. State $1,455,324 b. Local Match $ 984,857 Services to be in contract include the following: 2. 3. 4. 5. 7. 8. 9. 10. Communicable Disease Services Child Health Services Maternal Health Services Family Planning Services Environmental Health Services Management and Support Services Dental Health Services Specialty Clinic Services Other Public Health Services a. Including Medicaid Nursing Home Screening Public Health Service provided under local ordinance a. Including Insect Control, Rodent Control, Facilities and Grocery Store Delicatessens. Swimming III. ISSUES A. Services to citizens. B. Funding. C. Le.qa CC: IV. ALTERNATIVES City Council authorize the Acting City Manager or his designee to execut~ the amendment to the contract, approved as to form by the City Attorney, with the State Health Department as provided for in the Virginia Code. 1. Services to citizens would be continued. 2. Funding would be provided by the State and City. 3. Le,qa requirements would be met. Do not authorize the City Manager or his designee to execute the amendment to the contract with the State Health Department as provided for in the Health Laws of Virginia. Services to citizens could be discontinued by the State, and eligible Roanoke City citizens would not receive health department services. 2. Fundinq would not be made available by the State. Le.qa requirements and compliance with the Virginia Code would not be met. V. RECOMMENDATION City Council concur in the implementation of Alternative A and authorize the Acting City Manager or his designee to execute the amendment to the contract, approved as to form by the City Attorney, with the State Health Department as provided for in the Virginia Code. Respectfully Submitted, Ja(t~s D. Ritchie Acting City Manager James Grisso, Director of Finance William Hackworth, City Attorney Glenn D. Radcliffe, Director of Human Development Dr. Molly Rutledge, Director, Roanoke City Health Department Sherman Stovall, Acting Budget Administrator Attachment COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH STATEMENT OF AGREEMENT WITH ROANOKE CITY COUNCIL (Board of Supervisor or City Council of County or City) Under this agreement, which is created in satisfaction of the requirements of 5 32.1-31 of the Code of Virginia (1950), as amended, the Virginia Department of Health, over the course of one fiscal year, will pay an amount not to exceed $1,455,324 , from the state general fund in accordance with appropriations by the General Assembly, and in like time frame, the ROANOKE CITY COUNCIL (Board of Supervisors or City Council) will provide by appropriation and in equal quarterly payments a sum ors 984,857 These joint funds will be distributed in timely installments, as services are rendered in the operation of the Roanoke City_ Health Department, which shall perform public health services to the Commonwealth as indicated in Attachment A(1.), and will perform services required by local ordinances as indicated in Attachment A(2.). Payments from the local government are due on: First Quarter August 16, 1999 Second Quarter November 18, 1999 Third Quarter February 17, 2000 Fourth Quarter May 16, 2000 The term of this agreement begins July 1. 1999. This agreement will be automatically extended on a state fiscal year to year renewal basis under the terms and conditions of the original agreement unless written notice of termination is provided by either party. Such written notice shall be given at least 60 days prior to the beginning of the fiscal year in which the termination is to be effective. Any increase or decrease in fimding allocation shall be made by an amendment to this agreement. The parties agree that: 1. Under this agreement, as set forth in paragraphs A, B, C, and D below, the Commonwealth of Virginia and the Xfirginia Department of Health shall be responsible for providing liability insurance coverage and will provide legal defense for state-.employees of the local health department for acts or occurrences arising from performance of activities conducted pursuant to state statutes and regulations. A. The responsibility of the Commonwealth and the Virginia Department of Health to provide liability insurance coverage shall be limited to and governed by the Self-Insured General Liability Plan for the Commonwealth of Virginia, established under ~ 2.1-526.8 of the Code of Virginia. Such insurance coverage shall extend to the services specified in Attachments A(1.) and A(2.), unless the locality has opted to provide coverage for the employee under the Public Officials Liability Self-Insurance Plan, established under ~ 2.1- 526.8:1 of the Code or under a policy procured by the locality. B. The Commonwealth and the Virginia Department of Health will be responsible for providing legal defense for those acts or occurrences arising from the performance of those services listed in Attachment A(1.), conducted in the performance oftbfis contract, as provided for under the Code of Virginia and as provided for under the terms and conditions of the Self-Insured General Liability Plan for the Commonwealth of Virginia. LGA020 January 1999 C. Services listed in Attachment A(2.), any services performed pursuant to a local ordinance, and any services authorized solely by Title 15.2 of the Code of Virginia, when performed by a state employee, are herewith expressly excepted from any requirements of legal defense or representation by the Attorney General or the Commonwealth. For purposes of assuring the eligibility of a state employee performing such services for liability coverage under the Self-Insured General Liability Plan of the Commonwealth of Virginia, the Attorney General has approved, pursuant to ~ 2.1-121 of the Code of Virginia and the Self-Insured General Liability Plan of the Commonwealth of Virginia, the legal representation of said employee by the city or county attorney, and the ROANOKE CITY COUNCIL (Board of Supervisors or City Council) hereby expressly agrees to provide the legal defense or representation at its sole expense in such cases by its local attorney. D. In no event shall the Commonwealth or the Virginia Department of Health be responsible for providing legal defense or insurance coverage for local government employees. 2. Title to equipment purchased with funds appropriated by the local government and transferred to the state, either as match for state dollars or as a purchase under appropriated funds expressly allocated to support the activities of the local health department, will be retained by the Commonwealth and will be entered into the XFtrginia Fixed Asset Accounting and Control System. Local appropriations for equipment to be locally owned and controlled should not be remitted to the Commonwealth, and the local government's procurement procedures shall apply in the purchase. The locality assumes the responsibility to maintain the equipment and all records thereon. 3. Amendments to or modifications of this contract must be agreed to in writing and signed by both parties. State Health Commissioner Virginia Department of Health Local authorizing officer Title Date Approved as to form~ Date (Office of the Attorney General) Date Attachments: Local Government Agreement, Attachment A(1.) LGA020 January 1999 ROANOKE CITY LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1 .) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES MEDICAL CARE SERVICES BASIC PUBLIC HEALTH SERVICES TO BE PROVIDED BY LOCAL HEALTH DEPARTMENTS INCOME LEVEL A IS DEFINED BY THE BOARD OF HEALTH TO BE MEDICALLY INDIGENT (32.1-11) For Each Service Provided, Check Block for Highest Income Level Served COMMUNICABLE DISEASE SERVICES A B C D E F Childhood Immunizations X As provided for in 312.1-46 X X X X X Sexually transmitted disease sm:eening, diagnosis, treatment, and surveillance X X X X X X 32.1-57 Tuberculosis control screening, diagnosis, treatment, and surveillance 32.1-49 and 32.1-54 X X X X X X CHILD HEALTH SERVICES A B C D E F Children Specialty Services; diagnosis, treatment, follow-up, and parent teaching 32.1-77, 32.1-89 and 32.1-90 X X X X X X Screening for genetic traits and inborn errors of metabolism, and provision of dietary supplements '"' X X X X X X 332.1-65 and 32.1-69 Well child care up to age _ (enter year) WIC X X X X EPSDT (Medicaid) REVISED JUNE 1991 PAGE 1 OF 8 PAGES OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1 .) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES MEDICAL CARE SERVICES CONTINUED BASIC PUBLIC HEALTH SERVICES TO BE PROVIDED BY LOCAL HEALTH DEPARTMENTS INCOME LEVEL A IS DEFINED BY THE BOARD OF HEALTH TO BE MEDICALLY INDIGENT (32.1-11) For Each Service Provided, Check Block for Highest Income Level Served MATERNAL HEALTH SERVICES A B C D E F Prenatal and post partum care for Iow X X X X X dsk and intermediate risk women X 32.1-77 Babycare Services X X X WIC X X X X FAMILY PLANING SERVICES A B C D E F Clinic services including drugs and X X X contraceptive supplies X X X Pregnancy testing and counseling X X X X X X REVISED JUNE 1991 PAGE 2 OF 8 PAGES OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1 .) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES ENVIRONMENTAL HEALTH SERVICES The following services performed in accordance with the provisions of the Code of Virginia, the regulation of the Board of Health and/or VDH agreements with other state or federal agencies. STATE Ice cream/frozen desserts X Investigation of communicable diseases X Madnas X Migrant labor camps X Milk X On-site sewage disposal (SHDR) X Rabies control X Restaurants X Sanitary surveys X Single home sewage discharge (VPDES) X Toudst establishment inspection X Water supply sanitation X Wells X Homes for adults X Daycare centers X Summer camps X REVISED JUNE 1991 PAGE 3 OF 8 PAGES OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1 .) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES OTHER PUBLIC HEALTH SERVICES The following services performed in accordance with the provisions of the Code of Virginia, the regulations of the Board of Health and/or the policies and procedures of the State Department of Health STATE Medicaid Nursing Home Screening X comprehensive Services Act X Vital Records (Death Certificates) X Early Intervention Services X Other (List) CSA X REVISED SEPTEMBER 1993 PAGE 4 OF 8 PAGES OF ATTACHMENTS [] : LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1 .) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES OPTIONAL PUBLIC HEALTH SERVICES For Each Service Provided, Check Block for Highest Income Level Served COMMUNICABLE DISEASE SERVICES A B C D E F Foreign ~ravel Immunizations X X X X X X Community Education X X X X X X CHILD HEALTH SERVICES A B C D E F Babycare Services X X X X Sick child care Blood lead level testing X X X X X X School health services X X X X X X 'Outreach X X X X X X Community education X X X X X X Other. MATERNAL HEALTH SERVICES A B C D E F Funds for deliveries Funds for special tests and drugs X X X X X Diagnosis, treatment, and referral for X X X X X X gynecological problems Community Education X X X X X X Outreach X X X X X X FAMILY PLANNING SERVICES A B C D E F Outreach X X X X X X Community Education X X X X X X Other. REVISED JUNE 1991 PAGE 5 OF 8 PAGES OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1 .) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES OPTIONAL PUBLIC HEALTH SERVICES For Each Service Provided, Check Block for Highest Income Level Served GENERAL MEDICAL SERVICES A B C D E F Activities of Daily Living X X X X X X Community Education X X X X X X General Clinic Services Home Health Services (skilled nursing and X X X X X X therapy ****Limited to Veteran' s ~atients Outreach X X X X X X Occupational health services Personal care Pharmacy services X X X X Hypertension screening, referral, and counseling Respite cam services Other. SPECIALTY CLINIC SERVICES (List) A B C D E F DENTAL HEALTH SERVICES A B C D E F Preventive Clinic Services - Children X X X X X X Preventive Clinic Services - Prenatals X X X X Restorative Clinic Services-Children X X X X X X Community Education X X X X X X Other. REVISED JUNE 1991 PAGE 6 OF 8 PAGES OF ATTACHMENTS [] LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(2.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES PUBLIC HEALTH SERVICES PROVIDED UNDER LOCAL ORDINANCE Neither the Code of Virginia nor AUTHO Regulations of the Board of Health RITY requires the following services to TO PROVIDE be provided by the local health SERVICE department IS LOCAL ORDINANCE Accident Prevention Air Pollution Bird Control Employee Physicals General Environmental X Housing - BOCA & local building codes Insect control X Noise Plumbing Radiological Health Rodent Control X Solid Waste X Swimming facilities X Weeds " Smoking Ordinances Radon Other environmental servi~'.es: RETAIL X FOOD ENVIRONMENTAL NUISANCES X REVISED JUNE 1991 PAGE 7 OF 8 PAGES OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(2.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES PUBLIC HEALTH SERVICES PROVIDED UNDER LOCAL ORDINANCES OR CONTRACT WITH LOCAL GOVERNMENTS For Each Service Provided, Check Block for Highest Income Level Sen, ed A B C D E F Employee physicals Pdmary cam for inmates in local jails or correctional institutions Other medical sewices (List) REVISED JUNE 1991 PAGE 8 OF 8 PAGES OF ATTACHMENTS