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HomeMy WebLinkAboutCouncil Actions 09-07-99 WHITE 34453 ROANOKE CITY COUNCIL REGULAR SESSION September 7, 1999 12:15 p.m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. CaD to Order-RoD CaD. (Vice-Mayor Harris and Councll Member Hudson were absent.) The Members of Council will meet with Congressman Robert W. Goodlatte in the Social Services Conference Room, Room 306, Municipal Building North. The meeting was declared in recess at 12:17 p.m., to be reconvened at 12:20 p.m., in Room 306, Municipal Building North. 1- . ROANOKE CITY COUNCIL REGULAR SESSION .September 7, 1999 12:20 p.m. SOCIAL SERVICES CONFERENCE ROOM ROOM 306, MUNICIPAL NORTH AGENDA 1. Blessing. 2. Lunch. 3. Remarks by Congressman Goodlatte. 4. Remarks by the Members of Council and Acting City Manager. 1 . At 1 :55 p.m., the meeting was declared in recess until 2:00 p.m., in the City Council Chamber. 3- ROANOKE CITY COUNCIL REGULAR SESSION September 7, 1999 2:00 p.m. ,.J CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. CaD to Order - RoD CaD. (Council Member Hudson was absent.) The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. 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, September 9, 1999, at 7:00 p.m., and Saturday, September 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. An "Ecumenical Day of Prayer for RaiD" will be held on Sunday, September 19, 1999, at 4:30 p.m., in the vicinity of Lee Plaza in downtown Roanoke. City of RoanokelMarine CorpJNaval Reserves "Toys for Tots" softball game will be held on Friday, September 10, 1999, at 6:30 p.m., at Wasena Park No.1. ~ A Proclamation declaring the month of September 1999 as Native American Month. File #3 A Proclamation declaring Saturday, September 18, 1999, as Roanoke's Day of Kindness. File #3 s- 2. c.o.NSE~T AGENDA (Approved 6-0) 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 SEP ARATEL Y. C-l Minutes of the regular meetings of City Council held on Monday, June 7, and Monday, June 21, 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)(I), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Closed File #132 Meeting. C-3 A report of the City Attorney requesting 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. RECOMMENDED ACTION: Concur in request to convene in Closed File #83 Meeting. 6- C-4 A report of the City Attorney requesting 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. RECOMMENDED ACTION: Concur in request to convene in Closed File #83 Meeting. C-5 A report of the City Attorney requesting 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. RECOMMENDED ,ACTION: Concur in request to convene in Closed File #83 Meeting. C-6 A communication from Mayor David A. Bowers regarding a contribution from the City to the Capital Improvement Program for Camp Yirginia Jaycee. RECOMMENDED ACTION: Refer to fiscal year 2000-01 budget study and File #60-217 to the Capital Improvement program for review and consideration. C-7 A communication from Council Member Vlilliam White, Sr., with regard to the recommendation of Mr. James Armstrong on the subject of fiscal issues that arise outside of the routine budget process. Removed from the Consent Agenda for di,,=ussion. (See page 9) C-8 A report of the Acting City Manager with regard to repaving of Jefferson Street from Elm Avenue to Norfolk Avenue. Removed from the Consent Agenda for discussion. (See page 9) 7- C-9 ~ rep~rt of the Acting City Manager providing information on Improvmg customer service relative to the City's weed abatement program. Removed from the Consent Agenda for discussion. (See page 9) C-10 A report of the Director of Finance with regard to the employer matching contribution to ICMA-RC for City employees. Removed from the Consent Agenda for discussion. (See page 9) C-ll A report of the Director of Finance with regard to the City of Roanoke Pension Plan cost-ai-living adjustment granted to City retirees, effective July 1, 1999. RECOMMENDED ACTION: Receive and file. File #1-184-429 C-12 Qualification of the following persons: George A. Kegley and Courtney A. Penn as members of the Cultural Services Committee for terms ending June 30, 2000; File #15-110-394 Raleigh Campbell, Katherine M. McCain and Glenn D. Radcliffe as members of the Human Services Committee for terms ending June 30, 2000; File #15-72-110 I Brook E. Dickson and Susan W. Jennings as members of the Roanoke Arts Commission for terms ending June 30, 2002; File #15-110-230 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 File #15-110-322 8 D. Elliott Bayer as a member of the Board of Trustees City of Roanoke Pension Plan, for a term ending June 30, 2002. File #15-110-429 RECOMMENDED ACTION: Receive and file. REGULAR AG~DA C-7 A communication from Council Member William White, Sr., with regard to the recommendation of Mr. James Armstrong on the subject of fiscal issues that arise outside of the routine budget process. Concurred in the recommendation. (Council Members Swain and Trout voted no.) File #60 C-8 A report of the Acting City Manager with regard to repaving of Jefferson Street from Elm Avenue to Norfolk Avenue. Received and filed. File #102-183-514 C-9 A report of the Acting City Manager providing information on improving customer service relative to the City's weed abatement program. Received and med. File #67-183 C-IO A report of the Director of Finance with regard to the employer matching contribution to ICMA-RC for City employees. CouncU Member Swain requested a compilation of 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 aD equal amount on their behaU: 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. It was the consensus of Council that the report of the Director of Finance 9 It was the consensus of Council that the report of the Director of Finance would be received and filed, the Director of Finance was requested to respond to the above inquiry of Council Member Swain, and the question of placing a cap on the amount of City contribution to ICMA-RC was referred to fiscal year 2000-01 budget study for consideration by Council. File #60-184-429 Council adopted a motion to hold a Closed Meeting, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended, to interview candidates for the position of City Manager. File #104-132 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: a. Request to address Council with regard to the 1999 Commonwealth Games of Virginia. Peter Lampman, President, Virginia Amateur Sports, Inc. (5 minutes) Received and med. File #334 4. PETITIONS AND COMMUNICATIONS: a. 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, appropriation and transfer of funds in connection therewith; and a report of the Acting City Manager recommending that Council concur in the request. Adopted Ordinance No. 34454-090799 and Resolution No. 34455- 090799. (6-0) FOe #5-60-133-236 10 5. REPORTS OF OFFICERS: a. ACTING CITY MANAGER: ~: None. ITEMS RECOMMENDED FOR ACTIO~: 1. A report recommending amendment of the June 7, 1999, Water Conservation Plan. Adopted Ordinance No. 34456-090799. (6-0) File #468 2. A report recommending execution of an agreement with the Roanoke Redevelopment and Housing Authority and the Roanoke Higher Education Authority, to provide $2.5 million for capital improvements to the Roanoke Higher Education Center. Adopted Ordinance Nos. 34457-090799 and 34458-090799. (6-0) . File #68-178-414 3. A report recommending execution of Amendment No.1 t'? a Subgrant Agreement between the City and Blue Ridge Housing Development Corporation for funding to conduct additional housing and community development projects in the City. Adopted Resolution No. 34459-090799. (6-0) The Mayor requested that tbe 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 Dev~lopment Corporation, Christmas in April, etc.) for construction of housing in the City of Roanoke. File #178-200 11 4. A report recommending reappropriation of funds previously appropriated in the fiscal ye~ 1998-99 General Fund budget. Adopted Ordinance No. 34460-090799. (6-0) File #60-67-121-305 5. A report recommending appropriation of budgeted funding, in the amount of $808,000.00, to the Roanoke River Flood Reduction Project. Adopted Ordinance No. 34461-090799. (6-0) pi' Questions by the Mayor as to whether the City is monitoring usage of the Roanoke River was referred to the Acting City Manager for appropriate response. File #60-237 6. A report reconnnending appropriation offunds in connection with an amendment to the agreement with the U. S. Army Corps of Engineers for a Mapping Project. Adopted Ordinance No. 34462-090799. (6-0) File #60-159-294 7. A report reconnnending acquisition of property located'in the 400 block of Luck Avenue, S. W., for the Employee/Jefferson Center Parking Project. Adopted Ordinance No. 34463 on first reading. (4-2) (Mayor Bowen and Council Member Wyatt voted no.) File #2-184-337 8. A report reconnnending acquisition of certain property rights needed by the City for construction of the Railside Linear Walk - Phase I Project. Adopted Ordinance No. 34464-090799. (5-1) (Council Member Wyatt voted no.) File #30-392 - 12 9. A report recommending execution of Change Order No.8 to the City's contract with Danis Environmental Industries, Inc., for upgrade and expansion of the Water Pollution Control Plant. Adopted Ordinance No. 34465-090799. (6-0) File #468 10. A report recommending appropriation of $35,000.00 in connection with implementation of the local Child Care Quality Initiative Program. Adopted Ordinance No. 34466-090799. (6-0) File #60-72 11. A report recommending appropriation of funds for continuation of the Outstationed Eligibility Worker position at the Roanoke City Health Department Adopted Ordinance No. 34467-090799 and Resolution No. 34468-090799. (6-0) File #22-60-72 12. A report recommending authorization to file the required Acceptable Use Policy for the Tntemet as approved by the Roanoke Public Library Board on May 20, 1999, with the Librarian of Virginia by December I, 1999. Adopted ResoludoD No. 34469-090799. (6-0) Council Member Wyatt clarified a previous request under date of July 19, 1999; whereupon, she requested that the Acdnl City Manager review the overall needs of not only the maID library but the entire library system, cost of the project, and recommend a systemadc funding approach for consideradon by Council during fiscal year 2000-01 budget study. File #53-60-323 13 13. A report recommending appropriation of funds for the Fifth District Employment and Training Consortium. Adopted Ordinance No. 34470-090799. (6-0) File #60-246 ~ 14. A report recommending acceptance of a grant award from the Department of Criminal Justice Services to provide for continuation of the Roanoke City Community - Family Counseling Center and System Analysis Program. Adopted Ordinance No. 34471-090799 and Resolution No. 34472-090799. (6-0) File #60-72-236-304 15. A report recommending approval and execution of the fiscal year 1999-2000 Performance Contract with Blue Ridge Community Services. Adopted Resolution No. 34473-090799. (4-2) (Council Members White and Wyatt voted no.) File #335 . 16. A report with regard to requesting the temporary designation of the existing service delivery area (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. Adopted Resolution No. 34474-090799. (6-0) File #246 14 b. DIRECTOR OF FINANCE: I. A financial report for the month of July, 1999. Received and filed. File #10 2. A report recommending approval of a City of Roanoke Debt Policy. Adopted Resolution No. 34475-090799. (6-0) File #1-439 3. A report recommending 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. Adopted Resolution No. 34476-090799. (6-0) File #53-178-414 4. A report recommending appropriation of $6.4 million loan proceeds to accounts established in the Roanoke Valley Detention Commission agency fund Adopted Ordinance No. 34477-090799. (6-0) FUe #60-305 6. REPORTS OF COMMITTEES: a. A report of the Bid Committee recommending that all bids received for Mill Mountain Park Improvements, J. B. Fishburn Parkway project, be rejected Council Member Carroll E. Swain, Chairperson. Adopted Resolution No. 34478-090799. (6-0) File #67 15 b. A report of the Water Resources Committee recommending 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. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance No. 34479-090799. (6-0) File #202-301-373-468 7. UNFINISHED BUSINESS: a. A report of the Acting City Manager with regard to the "Greater Gainsboro Mea" project. CouncU concurred In Alternative A of the Acting City Manager's report under date of August 16, 1999, and referred the matter to the Acting City Manager and the Director of Finance for further recommendations to CouncU concerning implementation and funding of the Greater Gainsboro Are. project. Council expressed appreciation to representatives of the Roanoke Neighborhood Development Corporation, Roanoke IDgher Education Center, Roanoke Redevelopment and Housing Authority, Total Action Against Poverty, First Baptist Church, Hotel Roanoke, Downtown Roanoke Ine., and the City of Roanoke for their participation on ~he Downtown North Task Force. File #178-414-432-511 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Ordinance No. 34450, on second reading, permanently vacating, discontinuing and closing a portion of the southern end of Sixth Street N. E. (Wenona Avenue). Adopted Ordinance No. 34450-090799 on second reading. (6-0) File #514 16 b. Ordinance No. 34451, on second reading, rezoning a 0.43 acre tract of land located at 5416 Airport Road, N. W., identified as Official Tax No. 6640108, from RS-3, Residential Sirtgle-Family District, to C-l, Office District. .4 Adopted Ordinance No. 34451-090799 on second reading. (6-0) File #51 c. Ordinance No. 34452, on second reading, rezoning a tract ofland located on the north side of Fugate Road, N. E., being the rear 79 feet of a lot identified as Official Tax No. 3101007, from RM-l, Residential Multi- Family District, Low Density District, to C-2, General Commercial District. Adopted Ordinance No. 34452-090799 on second reading. (6-0) File #51 d. A Resolution memorializing the late Patricia N. Toney. Adopted Resolution No. 34453-090799. (6-0) File #367 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of CitY Council. 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. It was the consensus ofCouncU that the matter would be referred to the Acting City Manager for appropriate response. File #32 b. Vacancies on various authorities, boards, commissions and committees appointed by Council. 17 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CITY COUNCIL SETS TIDS 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: (5-0) (The Mayor left the meeting during the Closed Meeting.) Michael Brennan was appointed as a member of the Cultural Services Committee for a term ending June 30, 2000. . File #15-110-394 Cynthia S. Bryant was appointed as a member of the Human Services Committee for a term ending June 30, 2000. File #15-72-110 ~ynthia Turner Josephson was appointed as a member of the Flood Plain Committee for a term ending June 30, 20QO. CouncU adopted a motion to waive the City residency requirement in this instance. File #110-237 . Michael R. WhelaD was appointed as a member of the Special Events Committee for a term ending June 30, 2000. File #110-317 Christopher Perkins was appointed as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31,2002. File #15-110-316 18 Glenn D. Radcliffe was appointed as a member of the Disability Services Board for a term ending January 31,2002. File #110-438 19 ~JJ ""-'L VJ ~/ ~t; .J.Via y Ut CITY OF . ROANOKE . Given under our hands and the Seal of the City of Roanoke this seventh day of September nineteen hundred and ninety-nine. WHEREAS, evidence of early human settlement in the Roanoke Valley can be dated to 11,500 years ago; and WHEREAS, groups of woodland Indians brown as the Totero and Monican tribes built their wigwams and log houses to be the first "Roanokers/~' and WHEREAS, centuries would come and go, and the American Indians were the only people in this area; and WHEREAS, the first Roanoke Valley exploration was led by Europeans, Thomas Batts and Robert Fallam in 1671; and WHEREAS, a Virginia State marker has been erected in southeast Roanoke and is dedicated to those Native Americans who called what we /cnow today as Roanoke, their home. NOW, THEREFORE, I, DavidA. Bowers, Mayor of the City of Roanoke, Virginia, , do hereby proclaim the month of September 1999, throughout this great Al/- America City, tU NATIVE AMERICAN MONTH. 0::;1 fL ,~- Mary F. Parker City Cleric /.~~ ,- .:::.4 \jl'. _.:, '...... ; ~~). David A. Bowers Mayor / ... ...... Office of the Mayor CITY OF . ROANOKE . t Given under our hands and the Seal of the City of Roanoke this seventh day of September nineteen hundred and ninety-nine. WHEREAS, The Roanoker Magazine is celebrating twenty-jive years of recognizing the best and brightest of the Roanoke Valley, and seeks to give something back to the community that has supported it since 1974; and WHEREAS, the act of helping others is the greatest realization of the human spirit and the City of Roanoke has a national reputation for friendliness and generosity; and WHEREAS, the anniversary celebration of The Roanoker Magazine seeks to incorporate that spirit of giving and help which is so alive in the Roanoke Valley, because every act ofldndnessfrom one to another is a building block of a healthy community. NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, . Virginia, do hereby proclaim Saturday, September 18, 1999, throughout this great All-America City, as ROANOKE'S DAY OF KINDNESS. ATTEST: ~~ 1. p~,,,, - -.~ ~ . ~~'-- - -~. .;~. --, '~, /.~i"":' ~ -, -' / ~ .\)~_.--. !.:...~,I." t-. - I<;"~ ....'~:' --:. "- ".. " ~;~:/ ~.,~ :~ . ,. '- . . '" I '- ," " David A. Bowers Mayor, ....-.."- .- Mary F. Parker City Clerk ( ,--' , .~ __J REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL June 7, 1999 12:15 p.m. The Council ofthe City of Roanoke met in regular session on Monday, June 7, 1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetings. 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, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A. Bowe~----------------------------------------------------------------------------------------------------------7. ABSENT: None-------------------------------------------------------------------------------------Cl. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 12:2C1 p.m., the Mayor declared the meeting in recess. At 12:25 p.m., the meeting reconvened in the Commonwealth Building, Lobby, 21C1 Church Avenue, S. W., in a joint session of Roanoke City Council and the Roanoke County Board of Supervisors, with Mayor David A. Bowers and Chairman Bob L. Johnson presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers-----------------------------------------------_----------------------------------7. ROANOKE CITY COUNCIL MEMBERS ABSENT: None------------------------------Cl. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Joseph McNamara, H. Odell Minnix, Harry C. Nickens and Chairman Bob L. Johnson------4. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: Fenton F. Harrison-------------------------------------------___-----------------------------------------------_______----1. 1 OTHERS PRESENT: Representing the City of Roanoke: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Robert H. Bird, Municipal Auditor; George C. Snead, Jr., Director, Public Safety; William F. Clark, Director, Public Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; John Coates, Manager, Parks and Recreation; and Victor C. Garber, Superintendent of Recreation; Representing Roanoke County: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Don C. Myers, Assistant County Administrator; John M. Chambliss, Assistant County Administrator; Mary H. Allen, Clerk to the Board; George W. Simpson, Assistant Director, Engineering and Inspections Department; Thomas S. Haislip, Director, Parks and Recreation; Debbie Pitts, Assistant Director of Recreation; Ann Marie Green, Public Information Officer; and Joyce W. Waugh, Assistant Director of Economic Development. Following lunch, the business session convened at 1 :00 p.m. There were no deletions or additions to the printed agenda. Discussion with Regard to Increasing Funding for Tourism: TAXES-BUDGET-CONVENTION AND VISITORS BUREAU-TOURISM: The Mayor advised that during 1999-2000 budget discussions, City Council agreed to increase the transient lodging tax and designate additional funds to tourism advertising; however, throughout the discussions, Council heard from the tourism industry that although funding for the Roanoke Valley Convention and Visitors Bureau had been increased over the last several years, the Roanoke Valley should engage in better marketing efforts over the next ten to fifteen years in order to become a tourist destination center. He stated that the Roanoke Valley should be in a position to compete with the Chattanooga's and the Asheville's and the Virginia Beach's of the world in attracting visitors to the area by providing more funds to purchase newspaper, radio and television advertisements in the surrounding major markets. He requested that Roanoke County join with Roanoke City in providing additional funds for increasing tourism as it begins to work on new budgets and new projects. David Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, expressed appreciation for the support of Roanoke City and Roanoke County. He called attention to the competitiveness of the tourism market and advised that increases in funding in the upcoming fiscal year from Roanoke City, Roanoke County and the City of Salem have been leveraged against State money to provide new marketing initiatives. He called attention to new ideas for increased 2 funding in the future, such as the Virginia Tourism Corporation Cooperative Marketing Fund which destination marketing organizations can apply for matching funds, which fund contains approximately $5.5 million, and the Roanoke Valley Convention and Visitors Bureau allocated approximately $265,000.00 of its existing budget toward the match, which generated about $81,000.00 for the RVCVB. He explained that approximately 70 projects were submitted and 22 were funded, with the Roanoke Valley Convention and Visitors Bureau receiving full funding, which has increased the budget of the Convention and Visitors Bureau by approximately ten percent. Review of the Regional Storm Water Management Program: WATER RESOURCES: Mr. Simpson advised that the Regional Storm Water Management Program was adopted by Roanoke City and Roanoke County in their respective comprehensive plans. He called attention to numerous accomplishments, i.e.: funds have been leveraged for hazard mitigation projects in both the City and the County, base mapping has been prepared for Roanoke County and Roanoke City with 50 per cent matching funds, and Project Impact will allow the localities to pursue hazard mitigation funds through FEMA. He referred to an active technical advisory committee composed of local representatives, representatives of the Virginia Department of Transportation and numerous technical staff; and a citizens advisory committee composed of two persons each from the four localities, representatives ofthe Roanoke Valley Home Builders Association, and the Regional Chamber of Commerce. He stated that the Citizens Advisory Committee would like direction from the City and the County on how the localities would like for the program to be implemented, and more specifically funding issues. Update on Joint Skateboard Park: PARKS AND RECREATION: Mr. Coates advised that opening ceremonies for the joint skateboard park were held on April 26, 1999. He added that finishing touches are underway such as landscaping, site furnishings, etc., and the first annual skateboard jam will be held on Saturday, June 12, 1999, from 11 :00 a.m., until 4:00 p.m. If the facility had been constructed by a private contractor, he stated that it is estimated to cost approximately $125,000.00; however, the skateboard park was made possible through joint contributions of the City and the County. He further stated that the skateboard park has gained regional as well as national recognition, with inquiries from parks and recreation agencies throughout the United States. He advised that the Roanoke City Police Department and the Roanoke County Sheriff's Department work cooperatively to insure a positive and safe environment. 3 Results of the Teen Center Survey: YOUTH-PARKS AND RECREATION: Mr. Haislip advised that a teen forum was held with representatives from Downtown Roanoke, Inc., Virginia Western Community College, the Parks and Recreation Departments of Roanoke City and Roanoke County, and the City's Office on Youth among others to discuss the need for a teen center. He further advised that 50 groups serving teens in the Roanoke Valley participated and each group was requested to send four representatives to take part in the teen forum, 89 teams participated (41 from high schools and 46 from middle schools) and participants were broken down into ten groups and asked a series of questions about the needs of the Roanoke Valley regarding a teen facility/program(s). Mr. Garber advised that some of the questions asked during the teen forum included: how do you spend your free time, what programs would you participate in, how do you feel about available activities, what keeps you from participating, is a teen center needed, and is a teen center needed in downtown Roanoke. He stated that out of the 89 youth who participated, 99 per cent of middle school youth and 75 per cent of high school youth responded that some type of recreation facility for teens is needed, and the majority of middle school students and high school students responded that they did not want a teen center to be located in downtown Roanoke. He added that other findings from the focus groups included: an amusement park and a water park in the Roanoke Valley; a facility to be constructed near shopping malls, schools and transportation routes; a need for improved public transportation in general; and improved marketing to inform teens of existing programs and activities. In conclusion, he stated that the general consensus was that instead of constructing a teen center, it would be more advantageous to construct a comprehensive multi-purpose recreational facility for all ages on the north and south sides of the City, which could be a joint partnership between Roanoke City and Roanoke County. Update on the Joint 800 MHZ Radio System: COMMUNICATIONS DEPARTMENT-POLICE DEPARTMENT-FIRE DEPARTMENT: Mr. Snead advised that the joint MHZ Radio System works, the system is on schedule, and the system is within budget. He stated that when the project was started approximately three and one-half years ago, the goal was to create a 800 MHZ radio system to serve Roanoke County and Roanoke City and to own, share and operate the system to provide better service to citizens and to create certain changes in the emergency communications center that would allow the City to serve as a backup in case the County system went down and vice versa. He further advised that approximately $8 million has been invested in the two systems; in September 1998, equipment was installed to operate the radio system; in 4 .. November 1998, the system was tested and determined to be functioning; in December 1998, units were installed which enabled the fire and emergency medical services of the City and the fire and rescue services of the County to be compatible with the first elements ofthe new regional system; in February 1999, final tests were conducted and those two areas of service are completely functioning. With regard to the City's system, he explained that units in police vehicles will be completed in June 1999, followed by a testing period and activation. He added that over the fall and winter months through March 2000, the system will be installed in the City's departments of Public Works and Utilities and Operations and by March 2000, the City's portion of the system will be completely installed. He commended the team effort by City and County employees. Mr. Chambliss advised that appreciation should also go to the Communications staffs of both Roanoke City and Roanoke County. He called attention to a number of incidents where mutual aid has been provided between the City and the County since the fire/emergency medical services portion of the program was activated and advised that the system will help the two localities to be better prepared to address any disaster situation that may arise in the future. Upon question, Mr. Snead stated that the equipment is technically compliant with Y2K requirements, and the City and the County have been advised by the vendor that the system, with Motorola Communications support, is Y2K compliant. Report on Regional Refuse Collection Proaram: REFUSE COLLECTION-RECYCLING: Mr. Myers advised that in late 1995, a team of employees representing staffs of Roanoke City, Roanoke County and the Roanoke Valley Resource Authority was appointed to study potential areas of cooperation between Roanoke City and Roanoke County, the objective of which was to explore projects in which the two localities could reduce expenses for common services that are currently provided by those jurisdictions, and a number of areas were reviewed, one of which was regional refuse collection. He stated that the study team spent considerable time gathering data on regional refuse collection methods used by the two jurisdictions for not only residential but commercial customers, how to provide recycling, how recycling is currently handled, joint recycling, the feasibility of a regional system, order of implementation, those features of the current systems that should be continued and/or discontinued, alternatives for regional collection, and criteria to assess each service delivery alternative. Mr. Myers reported that at the time ofthe original study, a decision was made to temporarily postpone evaluation because of the differences in the two refuse collection systems, the study group was of the opinion that it would be easier to merge the two systems if compatible methods of collection were used, and a 5 decision was made to postpone further study until the City implemented its automated refuse collection system, which implementation is now complete. He noted that the study group has resumed its activities and held several meetings, the next step will be to continue to evaluate the pros and cons of a regional approach, the Town of Vinton is a part of the study, and the three jurisdictions offer different levels of service. He explained that it will be necessary to prepare a study on current costs and proposed costs of refuse collection on a regional basis and there has been discussion with regard to soliciting outside assistance for the evaluation. He stated that the study group would like to continue its study and submit a recommendation to the two governing bodies at a later date. Briefing on Blue Ridge Parkway Orientation/Interpretation Center: RIVER PARKWAY/EXPLORE PARK-VISITOR'S INFORMATION CENTER: Ms. Waugh advised that the Blue Ridge Parkway Orientation/Interpretation Center is a regional public/non-profit project with national standing that dates back approximately 15 years. She stated that the Center will be located along the Roanoke River Parkway into Virginia's Explore Park, several variations are under consideration, and presented color renderings of the proposed designs. She advised that funding could be provided through a combination of funding sources, such as Federal funds, Federal Highway Administration, and the National Park Service. She explained that the Center is proposed to be in the range of 7,000 - 10,000 square feet, the program is in the design phase, and a conceptual plan will be prepared for presentation to an ad hoc advisory group which is composed of representatives from the National Park Service, Virginia's Explore Park, City of Roanoke, Roanoke County, City of Salem, Botetourt County, Fifth Planning District Commission Regional Alliance, and Ferrum College, all of which have been involved in the planning steps. She stated that within 30 days, hard costs should be available, and it is expected to break ground in late fall with infrastructure and building construction. She advised that the facility is most valuable to the region because it will stop visitors along the Blue Ridge Parkway and provide information about the Parkway and those areas beyond. Discussion with Reaard to Water Conservation: WATER RESOURCES: Mr. Ritchie advised that Roanoke City is not in a water crisis at this point, but the City is taking action at this time to prevent a water crisis, and expressed appreciation to Roanoke County for its willingness to explore options and opportunities to deal with the situation. He stated that the two localities are reviewing long term and short term alternatives and will report to the two governing bodies at a later date. He noted that Carvins Cove is at 20.75 feet below spillway level; however, it is not unusual for Carvins Cove to be several feet below spillway level, especially toward the end of the summer season. He advised that City staff 6 became concerned a few weeks ago and discussed the matter with the Water Resources Committee and the Water Resources Committee recommended and City Council concurred in requesting citizens to voluntarily conserve water when Carvins Cove reached 17 feet below spillway level. He stated that if there is no rainfall, Carvins Cove will drop about one foot per week, therefor, in approximately two weeks, Roanoke City will be in a position to trade water with Roanoke County, and at 22 feet below spillway, it will be recommended that the City purchase water from the City of Salem. At 24 feet, he explained that the City will have approximately six months supply of water in Carvins Cove, and at that point, Council will be requested to impose mandatory water restrictions on the citizens of Roanoke without fines, and if the water level reaches 30 feet below spillway, sanctions will be imposed on persons residing in the City who use water for restricted purposes. Chairman Johnson advised that as long as Roanoke County has water, the City of Roanoke will have water. He stated that the water situation is a critical issue and is one of the most important issues facing the Roanoke Valley. He called attention to an unique opportunity before the two governing bodies to work on a joint solution to the water situation, and stated that Roanoke County can sell the City of Roanoke as much as ten million gallons of water per day, although there is currently a distribution problem. There being no further business, the Mayor declared the meeting of Roanoke City Council in recess at 1 :50 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 Monday, June 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, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A. Bowers----------------------------------------------------------------------------------------------------------7. ABSENT: None--------------------------------------------------------------------------------------0. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X Parsons, Acting 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 John L. Washington, Pastor, Faith and Hope Church of God and Christ. 7 The Roanoke City Color Guard presented Colors. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: PROCLAMATIONS: The Mayor presented a proclamation declaring Monday, June 14,1999, as National Flag Day. (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 three requests for Executive Session to discuss a matter relating to acquisition of real property for public purpose, specifically property to be used for Railside Linear Park, Phase I; the disposition of publicly held property, specifically property proposed to be conveyed for economic development purposes; 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, February 1, 1999; Tuesday, February 16, 1999; Monday, March 1, 1999; Monday, March 15, 1999, and the special meeting on Friday, March 19, 1999, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) ACTION: 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, Hudson, Swain, T ro ut and Mayo r Bowe rs--------------------------------------------------__-----------7. NAYS: None-------------------------------------------------_______________________(). 8 ACTION: ACTION: ~. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session 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 Executive Session 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, Hudson, Swain, Tro ut and Mayor Bowe rs ---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. PURCHASE/SALE OF PROPERTY-RAILSIDE LINEAR WALK: A report of the Acting City Manager requesting that Council convene in Executive Session to discuss a matter relating to acquisition of real property for public purpose, specifically property to be used for Railside Linear Park, Phase I, pursuant to Section 2.1-344 (A)(3), 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 the item be removed from the Consent Agenda for further discussion. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs------------------------------------------------______---------7. NAYS: None----------------------------------------------____----------------------0. (For further discussion, see pages 12-13.) 9 ACTION: ACTION: ECONOMIC DEVELOPMENT: A report of the Acting City Manager requesting that Council convene in Executive Session to discuss the disposition of publicly held property, specifically property proposed to be conveyed for economic development purposes, pursuant to Section 2.1-344 (A)(3), 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 ofthe Acting City Manager to convene in Executive Session to discuss the disposition of publicly held property, specifically property proposed to be conveyed for economic development purposes, pursuant to Section 2.1-344 (A)(3), 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, Hudson, Swain, T ro ut a nd May 0 r Bowers---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. TAXES: A communication from Mayor David A. Bowers transmitting the 1999 Report ofthe Board of Equalization for the taxable year July 1,1999 to June 30, 2000, was before Council. The Board of Equalization recommended thatfuture Equalization Boards continue to have access to the computer service in their work and be provided with current office space that is private and separate from the Office of Real Estate Valuation; and in order to accomplish their duties as members of the Board of Equalization of Real Estate Assessments for the City of Roanoke, it is critical to have safe, private space to meet with City taxpayers. (For full text, see communications on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayor Bowers ---------------------------------------------------------------7. NAYS: None---------------------------------------------_____----------------------0. 10 # ACTION: ACTION: COMMITTEES-PENSIONS: A communication from E. Douglas Chittum tendering his resignation as a member of the Board of Trustees, City of Roanoke Pension Plan, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayo r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------Cl. VIRGINIA MUNICIPAL LEAGUE: The Acting City Manager submitted a written report advising that the City of Roanoke hosted the 1998 Annual Conference of the Virginia Municipal League (VML) with great success; the conference generated in excess of $1.4 million in hotel revenue and more than $2.5 million in revenue to the business community; it is time to consider competing for future VML Annual Conference meeting dates; and the VML will accept submissions from local governments to host an upcoming conference during its 1999 conference in Williamsburg in October 1999. The Acting City Manager recommended that Council officially express its desire to host an annual meeting of the Virginia Municipal League in one or more years between 2ClCl3 and 2ClCl7; and that Council authorize the Mayor and the Acting City Manager, or their designees, to make an appropriate presentation on behalf of the City of Roanoke at the 1999 annual meeting of the VML in Williamsburg, Virginia, in October 1999. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation. The motion was seconded by Mr. Swain and adopted by the following vote: 11 . . \ ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. YOUTH-FIFTH PLANNING DISTRICT COMMISSION-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Sherman A. Holland as a member of the Youth Services Citizen Board for a term ending May 31, 2002; Evelyn S. Lander as a member of the Fifth Planning District Commission for a term ending June 30, 2000; and Mark A. Harris as a member ofthe Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Ronald H. Miller, resigned, ending November 30,1999. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 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, Hudson, Swain, Tro ut and May 0 r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. REGULAR AGENDA PURCHASE/SALE OF PROPERTY-RAILSIDE LINEAR WALK: A report of the Acting City Manager requesting that Council convene in Executive Session to discuss a matter with regard to acquisition of real property for public purpose, specifically property to be used for Railside Linear Park, Phase I, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) 12 ACTION: Mr. James L. Leonard, 1935 Hope Road, S. W., advised that the Acting City Manager has confirmed that his property is one of the properties which is the subject of the abovedescribed Executive Session. He explained that he has been concerned with the project for approximately ten years, which was initially introduced by the Virginia Museum of Transportation, and he is not opposed to the project because the Transportation Museum should have the requested access. He referred to a letter addressed to him from John Bowman, Real Estate Acquisition Specialist for the City of Roanoke, under date of November 3, 1998, and quoted the following, "For the purpose of this offer only, the City accepts your statement of ownership ofthe property to the rear of the building north of the Official Survey S. W. line shown on the attached plat as 'deed lines' .....". In trying to interpret Mr. Bowman's statement, he stated that he could reach three conclusions: (1) his claim is fraudulent, or (2) if he does not accept the offer, the City will revoke, cancel, ignore or circumvent his rights, or (3) the City has accepted the position that Norfolk Southern owns the property. He called attention to a report from the City Manager which was before Council on Monday, May 17,1999, that included a plat of the area that the City is to receive from Norfolk Southern Railway which was cross hatched and his parcel of land was included in the cross hatching, although Norfolk Southern does not have any right of ownership to the land. He referred to the following sentence in Mr. Bowman's letter, "The street at the rear of Warehouse Row will become a public street and will be paved as part of this project." He explained that he purchased the property 20 years ago, and the original plat of P. L. Perry Subdivision provides a note which states as follows: "This street is dedicated to the public as herein delineated upon the condition that the right of eminent domain shall not be exercised to widen the street and the City of Roanoke accept the same with such condition." He stated that this provision has been on record since 1889, and requested that Council consider such in its negotiations. He added that he is willing to negotiate the transfer of his rights in the property to the City's designated agent at a fair value taking his losses into consideration. Mr. White moved that Council concur in the request ofthe Acting City Manager to convene in Executive Session to discuss a matter relating to acquisition of real property for public purpose, specifically property to be used for Railside Linear Park, Phase I, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 13 .. AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Tro ut and Mayor Bowe rs---------------------------------------------------------------7. ~AYS: ~one--------------------------------------------------------------__________(). HEARI~G OF CITIZE~S UPO~ PUBLIC MATTERS: MISCELLA~EOUS-THE ~EW CE~TURY COU~CIL: Terri Lynn Cornwell, Project Director and Robert B. Manetta, Co-Chair, Spokespersons, presented the findings of a regional quality of life study, Vital Signs: Community Indicators for the New Century Region, which project grew out of a regional visioning process involving more than 1,()()() volunteers throughout the ~ew Century Region, and is located at Hollins University. Mr. Manetta advised that the report represents 62 indicators tracking population, community, education, environment and health of the region, and focusing on the region as a whole. He stated that the report was created as a result of the generosity of a number of major contributors including, among others, the Virginia Environmental Endowment, Carilion Health System, Ferrum College, Hollins University, Fifth Planning District Commission, The Roberts Foundation, The Cabell Brand Foundation, ~orfolk Southern Railway, City of Roanoke, Roanoke County, and Franklin County. He called attention to efforts to develop a second report in an attempt to improve and streamline the previous report, and the long term goal is to prepare two additional reports and begin to set benchmarks, receive citizen feedback, and establish permanent local funding for future reports. Without objection by Council, the Mayor advised that the report would be received and filed. PETITIO~S A~D COMMU~ICA TIO~S: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council adopt a reimbursement resolution to update the original resolution for improvements to Lucy Addison Middle School, in order to facilitate the release of State Literary loan funds for the project, was before Council. It was advised that the City's bond counsel recommends adoption of the reimbursement resolution by Council; the School Board has approved appropriation of $1().6 million in capital funds for the 14 .. ACTION: project; and adoption of the reimbursement resolution will bring the reimbursement amount into line with the appropriate amount and will facilitate the release of State Literary loan funds for the Addison project in late June or early July. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34307 -060799) A RESOLUTION amending Resolution No. 33429- 061697, previously adopted on June 16, 1997, authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Addison Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 61, page 577.) Mr. Harris moved the adoption of Resolution No. 34307-060799. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: WATER RESOURCES: Jesse Perdue, Manager, Water Department, presented a briefing on the Consumer Confidence Report. He advised that in August 1996, Congress reauthorized the 1986 Safe Drinking Water Act and one significant amendment required that water systems serving greater than 10,000 persons must deliver a water quality report to each of its customers every 12 months. He stated that the City of Roanoke will provide a water quality report to its customers during the month of June, which contains information about origination 15 of the City's water supply, contents of the water, general treatment and distribution information, and health issues and risks. He presented a video prepared by the American Water Works Association in further explanation of the report. Following viewing ofthe video, Mr. Perdue presented copy ofthe City of Roanoke Water Department Water Quality Report for 1999. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: U. S. S. ROANOKE-WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND SCIENCES: The Acting City Manager submitted a written report advising that 43 American ships, five military, have carried the name of "Roanoke"; in June 1997, the Roanoker Magazine published an article titled "USS Roanokes" which featured five U. S. Naval ships that were named for the City of Roanoke and the Roanoke River; and after the article was published, the History Museum and Historical Society was approached by several naval alumni interested in developing an exhibit to showcase Roanoke's naval heritage. It was further advised that the History Museum, obtaining support of numerous individuals and groups including the Naval League, is preparing an exhibit that will focus on eight specific Roanoke ships in great detail; the exhibit will display numerous artifacts relating to the ships named for Roanoke and will feature pictures of enlisted men and naval officers from the Roanoke area; and the History Museum has found that professionally-crafted scale models of the ships serve as the most important focal points of these exhibits after visiting numerous naval museums and displays. It was noted that in March 1999, the History Museum requested that the City of Roanoke contribute $15,000.00 toward development of the exhibit; in April 1999, the City contributed $3,750.00 to the History Museum for development ofthe model ofthe CL-145 USS Roanoke; and the History Museum requests that the City contribute the balance of $11,250.00 to enable the exhibit to be completed. 16 The Acting City Manager recommended that he be authorized to contribute funding, in the amount of $11,250.00, to the History Museum and Historical Society of Western Virginia on behalf of the City of Roanoke for completion of the Ships and Shipmates Exhibit. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the Acting City Manager. The motion was seconded by Mr. Harris and unanimously adopted. CITY TREASURER-COMMISSIONER OF REVENUE-BUDGET- TAXES: The Acting City Manager submitted a written report advising that the Virginia General Assembly approved the Personal Property Tax Relief Act of 1998 (PPTRA) in the spring of 1998; the Act will be phased in over a five year period beginning with the 1998 year; legislation requires local governments to make certain changes in their billing of personal property tax systems; City Information Systems (CIS), working with the Commissioner of the Revenue and the City Treasurer, has made the required modifications to the personal property tax systems to comply with the mandated Act; and the State will reimburse local governments for expenses associated with implementation of the mandated legislation at the local level. It was further advised that the City will receive reimbursement in the amount of $14,450.00 for expenditures incurred in the City Treasurer's Office; and $27,400.00 for expenses incurred in the Commissioner of the Revenue's Office; the reimbursement associated with the phase-in of the Act was not included in the fiscal year 1998-99 General Fund Budget; and this funding will be used for one-time expenses for acquisition of computer equipment and office furniture. The Acting City Manager recommended that the Director of Finance be authorized to increase the revenue estimate by $14,450.00 for the City Treasurer's Office and $27,400.00 for the Commissioner of the Revenue's Office and appropriate $41,850.00 to the following expenditure accounts: 001-020-1234-2035 Expendable Equipment 001-022-1233-9005 Furniture and Equipment $14,450.00 $27,400.00 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: 17 ACTION: (#34308-060799) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 578.) Mr. Harris moved the adoption of Ordinance No. 34308-060799. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. BUDGET-STATE HIGHWAYS-CONSULTANTS REPORTS: The Acting City Manager submitted a written report advising that 1-73, a new proposed interstate highway, is being studied by the Virginia Department of Transportation (VDOT); at present, three proposed routes are being considered; Council was briefed on the importance of the 1-73 corridor to Roanoke City businesses in the summer of 1998; and Council requested a study of the economic impact on City businesses for all three proposed routes. It was further advised that economic impact study proposals were received from three companies; proposal costs for the economic impact study exceeded $30,000.00; all companies were requested to reduce the scope of services for the study to lessen the total cost; proposals were received from two companies, and the preferred firm, Economic Development Research Group, submitted a cost of $29,500.00; and funds for the study are not available from any Economic Development account, but are available from Jail Recovered Costs. The Acting City Manager recommended that Council authorize transfer of $29,500.00 from Account No. 001-024-3310-8005 (Jail Recovered Costs) to Account No. 001-002-8120-2010. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: 18 4 ACTION: (#34309-060799) AN ORDINANCE to amend and reordain certain sections ofthe 1998-99 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 579.) Mr. Harris moved the adoption of Ordinance No. 34309-060799. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayor Bowe rs ---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. CITY CODE-REFUSE COLLECTION-FEE COMPENDIUM: The Acting City Manager submitted a written report advising that a briefing was presented to Council on May 17, 1999, outlining proposed major changes to Chapter 14, Garbage and Refuse, and enactment of new Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke, (1979), as amended, to update the regulation of solid waste collection, and to amend the City's Fee Compendium to establish fees in connection with the City's Solid Waste Management Program. It was further advised that Citizen Advisory Committees were formed to work on various solid waste issues, such as bulk/brush collection and automated refuse collection; and Neighborhood Groups and Associations have continuously raised issues about neighborhood cleanliness, lack of enforcement and lack of clear, up-to-date enforceable ordinances. It was explained that implementation of automated and semi- automated refuse collection has necessitated certain changes in the ordinances which are reflective of the modernization of solid waste practices; effective measures are needed to efficiently address the concerns of neighborhoods, such as illegal storage of refuse containers, early placement of bulk and/or brush and illegal placement of materials; and the Citizen Advisory Committee developed what it determined to be an adequate level of service for weekly refuse collection, bulk and brush collection and household trips to the Tinker Creek Transfer Station. 19 r The Acting City Manager recommended that Council adopt an ordinance amending the City Code, effective August 1, 1999; and approve amendments to the Fee Compendium to provide for charges for pickup of bulk items/bulk brush beyond four in a 12 month period. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: "AN ORDINANCE repealing Chapter 14. GARBAGE AND REFUSE; enacting new Chapter 14.1, SOLID WASTE MANAGEMENT, ofthe Code of the City of Roanoke (1979), as amended, to update the regulation of solid waste collection; amending the City's Fee Compendium to establish fees in connection with the City's Solid Waste Management Program; and providing for an effective date." The motion was seconded by Mr. Hudson. William F. Clark, Director of Public Works, was requested to clarify revisions to the proposed ordinance as compared to the briefing that was presented to Council at its meeting on Monday, May 17,1999; whereupon, Mr. Clark advised that originally, containers were to be stored no closer to the street than the principal building; however, per the suggestion of Council, the proposed ordinance has been revised to provide, "where placement in a location no closer to the street than the building line is impractical or not feasible, the City Manager may designate an alternative location"; and the section of the proposed ordinance requiring the removal of containers from the street by 7:00 p. m., on the day of collection has been modified to provide for removal by 7:00 a. m., on the day after collection. Ms. Wyatt called attention to rental property where persons move in and out with frequency, which creates more than four collections of bulk items per calendar year, or six pick-up trash roads of bulk items per calendar year at the Tinker Creek Transfer Station. She stated that the proposed policy does not penalize the renter who causes the problem, but the landlord who will be required to pay for collections beyond the City's initial free collections, thus, the City will place a penalty on the homeowner. She spoke in favor of the landlord imposing a bulk items collection fee on the renter in the form of a bulk 20 items security deposit, and when a renter vacates the premises, they would either remove their bulk items, or the collection fee would be covered by the bulk items security deposit. Mr. Hudson expressed concern with regard to the unsightly condition of City streets when persons are evicted and bulk items are required to remain at curbside for a period of three days, pursuant to State Code provisions, before they can be legally collected and disposed of by the City. William Wilson, 1818 Brandon Avenue, S. W., representing the Roanoke Property Investors Association and Tenants Building Bridges, congratulated the City on the use of the large blue refuse containers, because the number of bulk items have been reduced as a result of the size of the containers. He called attention to problems in the less affluent sections of the City where bulk items/bulk brush seems to collect. He addressed the need for further study in regard to the number of free collection of bulk items/bulk brush in order to provide a level of uniformity. He spoke in support of developing a Landlord Training Program and a website which would offer persons in the property community an opportunity to be better informed and to provide input. Robert Caudle, 4231 Belford Street, S. W., President, Greater Deyerle Neighborhood Association, advised that many lots in his neighborhood are larger than the average City lot. He stated that he owns a parcel of land containing five acres, which is 220,000 square feet with as many as 450 trees, compared to the average 5000 square foot City lot, therefore, there does not appear to be equity in the number of free bulk items/bulk brush collections, and four free collections per year is not adequate when considering large items of brush. He called attention to loop holes in the proposed ordinance; i.e.: there is no provision for ice storms causing fallen trees and tree limbs on property; there are no provisions beyond the fifth and sixth collections ($25.00 for the fifth load and $25.00 for the sixth load); and his property generates as much as 10 - 13 pickups per year and of that number, approximately seven loads of bulk brush items are removed from property that he does not own but takes responsibility for maintaining. He stated that four free collections per calendar year is not adequate when dealing with bulk brush items, and requested that the City consider some form of differentiation and authorize an enforcement date later than August 1, 1999, to enable citizens to prepare for the proposed changes. 21 Mr. Harris moved that action on the matter be tabled until the regular meeting of Council on Monday, June 21,1999, at 2:00 p.m., to enable City staff to address the questions/concerns raised by Mr. Wilson and Mr. Caudle and others. The motion was seconded by Mr. Swain and adopted. BUDGET-REFUSE COLLECTION: The City Manager submitted a written report advising that the adopted budget for Solid Waste Management for fiscal year 1998-99 was prepared based on several budget assumptions regarding the cost of operating refuse disposal programs: Estimated tons of refuse to be disposed of at the Roanoke Valley Resource Authority during fiscal year 1998-99 was budgeted to be 47,022 tons; the tonnage is now expected to be 50,719 tons. Refuse delivered by City homeowners expected to be disposed of at the Roanoke Valley Resource Authority was 1,200 tons; the revised estimate for this fiscal year is 4,897 tons. Contract labor was not funded in the current budget year; however, there were implementation costs associated with Phase II of automation continuing into fiscal year 1999, as well as the issue of those employees who are unable to perform the duties for which they were originally hired or have extended absences from work; this necessitated the need for the use of contract labor. It was further advised that financial assumptions on which the budget for operating disposal programs was prepared changed during the fiscal year due to the following: Homeowners tons hauled to the Resource Authority exceeded budgeted amounts by an estimated 3,697 tons during this fiscal year; this was the only category to exceed the budgeted estimate; this excess tonnage will cost an additional $203,335.00. 22 ACTION: At the recommendation of a citizen's committee, a new proposed ordinance limits the number of free trips taken to the Roanoke Valley Resource Authority to six per year, which should help to control this expense related to free dumping by homeowners. It was explained that the use of contract labor was not funded in the current budget year; approximately $128,665.00 will be spent on outside labor; this labor force was utilized mainly to complete the final stage of implementing automated/semi-automated refuse collection; it was also necessary to augment vacant positions during the transition process; and a majority of these funds were expended in the first six months of the fiscal year and since that time, utilization has been limited to emergency situations. The Acting City Manager recommended that Council authorize the transfer of $332,000.00 from General Fund Personnel Lapse, Account No. 001-002-9410-1090, to Solid Waste Management Refuse, Account No. 001-052-4210-2010. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34310-060799) AN ORDINANCE to amend and reordain certain sections ofthe 1998-99 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 580.) Mr. Harris moved the adoption of Ordinance No. 34310-060799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. BUDGET-PUBLIC WORKS: The Acting City Manager submitted a written report advising that the Virginia Department of Environmental Quality (DEQ) notified the City of Roanoke in late July 1997 of a report of possible unauthorized disposal of waste materials at the City's 23 ACTION: Public Works Service Center property on Courtland Road, N. W.; and subsequent investigations determined some buried drums of paint-like and tar-like products and solvents, and also quantities of inorganic material (broken pipe, guardrails, crushed empty barrels, etc.) It was further advised that excavated materials have been removed from the site and sent to proper disposal locations; the City continues to work with DEQ and the Federal Environmental Protection Agency (EPA) to complete investigations and to develop a mutually acceptable plan for addressing all issues which have arisen during the course of the matter; it is expected to be at least a number of months until the matter is brought to a close; approximately $710,000.00 has been expended through May 1999 for environmental studies, legal services, disposal fees, consultant and expert fees and related expenses; approximately $100,000.00 is needed to pay for services already rendered and/or anticipated for the remainder of this fiscal year; and approximately $478,000.00 has been included in the Transfers to Capital Projects Fund in the recently adopted budget to fund costs estimated to be incurred during the upcoming fiscal year. The Acting City Manager recommended that Council appropriate $100,000.00 to Capital Projects Fund, Account No. 008-052-9670-9003, Environmental Issues - Public Works Service Center, for environmental studies, legal services, disposal fees, consultant and expert fees, and related expenses. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34311-060799) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 581.) Mr. Trout moved the adoption of Ordinance No. 34311-060799. The motion was seconded by Mr. Swain and adopted by the following vote: 24 AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs---------------------------------------------------------------7. ~AYS: ~one------------------------------------------------------------------------Cl. DOW~TOW~ ~ORTH-HIGHER EDUCA TIO~ CE~TER- CO~SUL TA~TS REPORTS: The Acting City Manager submitted a written report advising that the Downtown ~orth development project includes the area bounded by Wells Avenue, Gainsboro Road, Jefferson Street and Shenandoah Avenue; several projects are proposed for the project area including the Roanoke Higher Education Center to be located in the former ~orfolk and Western General Office Building ~orth, market rate rental apartments to be located in the ~orfolk and Western General Office Building South and "The Yard" at Henry Street, and a commercial development project proposed by the Roanoke ~eighborhood Development Corporation; all ofthe proposed developments require some degree of public infrastructure construction that may include improvements to streets, sidewalks, street lighting, landscaping, storm drains and parking; a consultant is needed to prepare preliminary and final engineering drawings to define the scope and cost of needed infrastructure improvements in the project area; the consultant will be required to complete preliminary cost estimates on an expedited basis; and preliminary cost estimates are needed to help determine the magnitude of City participation in the projects. It was further advised that a request for consultant qualifications proposals was advertised; proposals were received from five firms; a consultants selection committee reviewed all qualification proposals; and the committee selected the firm of Lumsden Associates, P. C., as the best qualified consultant for the proposed work. The Acting City Manager recommended that he be authorized to execute a contract, in a form to be approved by the Acting City Attorney, with Lumsden Associates, P. C., in an amount not to exceed $1 ClCl,ClClCl.ClCl to provide professional services for the Downtown ~orth Development Project; and funding is available in the fiscal year 2ClClCl CDBG budget for the Downtown ~orth Development Project. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: 25 ACTION: (#34312-060799) AN ORDINANCE authorizing a contract between the City of Roanoke and Lumsden Associates, P.C., for the provision of professional services for the Greater Henry Street Development Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 582.) Mr. Trout moved the adoption of Ordinance No. 34312-060799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs ---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired as to the boundaries of "Downtown North"; whereupon, the Acting City Manager advised that the boundaries are defined as those properties bounded by Wells Avenue, Gainsboro Road, Jefferson Street and Shenandoah Avenue. BRIDGES-SIGNS/BILLBOARDS/AWNINGS-CHURCH AVENUE PARKING GARAGE: The Acting City Manager submitted a written report advising thatthe 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" structures, must be included in the bi-annual inspection program; Supplementary Bridge Inspection Reports are required on 65 structures in the City this year; 41 structures are inspected annually while 24 structures are inspected bi-annually; the Federal Highway Administration has established a new requirement that overhead sign structures are to be inspected; 15 of these structures exist within the City; and inspection of five parking structures are required, three every four years and two every two years, by prudent engineering practices. It was further advised that Engineering Services Qualification Proposals for the necessary technical inspection and reports were publicly advertised and proposals were received from Hayes, Seay, Mattern & Mattern, Inc., L. A. Gates and Mattern & Craig, Inc.; interviews were held with all three qualified firms; and negotiations were conducted with the two most qualified firms (Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc.) for the necessary technical inspections and reports. 26 ACTION: The Acting City Manager recommended that the City award separate three year engineering services agreements, in forms to be approved by the City Attorney, to Hayes, Seay, Mattern & Mattern, Inc., and to Mattern & Craig, Inc., in amounts of $48,000.00 and $51,800.00, respectively, for the first year (1999) for bridge, overhead sign, and parking structure inspection services as set forth in the report; Year 2 (2000) and Year 3 (2001) shall be negotiated with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., according to the work scope for that year; and funding is available for the first year contracts in the fiscal year 1999-2000 adopted budget, as follows: Hayes. Seay. Mattern & Mattern. Inc.: 32 Bridge Inspections 001-052-4310-3072 $48,000.00 TOTAL CONTRACT AMOUNT $48.000.00 Mattern & Craig. Inc.: 32 Bridge Inspections 001-052-4310-3072 $51,800.00 TOTAL CONTRACT AMOUNT $51.800.00 (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34313-060799) A RESOLUTION authorizing the City Manager to enter into separate three (3) year engineering services contracts with certain engineering firms providing for the performance of certain bridge, overhead sign, and parking garage inspection services. (For full text of Resolution, see Resolution Book No. 61, page 583.) Mr. Hudson moved the adoption of Resolution No. 34313-060799. The motion was seconded by Mr. Harris and adopted by the following vote: 27 ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T rout and May 0 r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------(). CMERP-BUDGET -PARKS AND RECREATION-SWIMMING POOLS- EQUIPMENT: The Acting City Manager submitted a written report advising that the Current Year Capital Maintenance and Equipment Replacement Program contains various operational needs for City departments, including fire and security alarms at Eureka Park Center, Preston Park Center, Norwich Park Center, Buena Vista Park Center, Mountain View Center, the Parks and Recreation Main Office, and new electrical wiring and related services for Washington Park Swimming Pool and Fallon Park Swimming Pool.; whereupon, the Acting City Manager recommended that Council appropriate $26,551.()() from the 1998-99 Capital Maintenance and Equipment Replacement Program account, as follows: $18,954.()() to Parks and Recreation, Account No. ()()1-()52- 711 ()-9()15. $7,597.()() to Engineering, Account No. ()()8-()52-9723-9()()3. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34314-()6()799) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 584.) Mr. Trout moved the adoption of Ordinance No. 34314-()6()799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs---------------------------------------------------------------7. NAYS: None----------------------------------------------------------------------__(). 28 BUDGET-CITY NURSING HOME: The Acting City Manager having previously submitted a written report in connection with appropriation of funds as a result of an audit of the Roanoke City Nursing Home by the State Department of Medical Assistance Services, the matter was before Council. The Mayor advised that the Acting City Manager has requested that the report be withdrawn from the agenda; whereupon, without objection by Council, it was so ordered by the Chair. BUDGET-WORKERS' COMPENSATION-CITY EMPLOYEES: The Acting City Manager submitted a written report advising that Workers' Compensation is defined as "exclusive remedy, under law, for all covered employees for compensating injuries and occupational diseases arising in the course of and within the scope of employment"; the City of Roanoke is currently self-insured for Workers' Compensation liability with excess insurance above the $1,000,000.00 (per occurrence) level; funding of $700,000.00 has been budgeted for the current fiscal year to cover Workers' Compensation wages and medical payments; and these types of fringe benefits are budgeted as a lump sum in the non-departmental category because annual charges for each department are difficult to accurately project. It was further advised that Workers' Compensation expenditures in the General Fund for fiscal year 1998-99 are projected to be approximately $860,000.00 based on actual expenditures through March, 1999 and projected expenditures for April, May and June, 1999; and funding to cover fiscal year 1998-99 Workers' Compensation claims is available in the following accounts and needs to be allocated to departmental accounts from the nondepartmental categories: Fundina Sources: Account Number Amount Worker's Compensation - Wages Worker's Compensation - Medical Salary Lapse Total 001-004-9110-1135 001-004-9110-1140 001-002-9410-1090 $350,000.00 350,000.00 160.000.00 $860,000.00 The Acting City Manager recommended that Council authorize transfer of funds to cover Workers' Compensation claims, in the amount of $860,000.00, to departmental Workers' Compensation accounts from the following sources: 29 ACTION: Fundina Sources: Account Number Amount Worker's Compensation - Wages Worker's Compensation - Medical Salary Lapse Total 001-004-9110-1135 001-004-9110-1140 001-002-9410-1090 $350,000.00 350,000.00 160,000.00 $860,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34315-060799) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 585.) Mr. Trout moved the adoption of Ordinance No. 34315-060799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayo r Bowe rs---------------------------------------------------------------7. NA Y S: N 0 ne------------------------------------------------------------------------0. Council Member Swain requested a summary on the types of claims submitted by City employees, and Council Member Wyatt requested information on those claims attributed to stress in the work place. It was the consensus of Council that the request for additional information would be referred to the Acting City Manager for report. CITY ATTORNEY: CITY CODE: The Acting City Attorney submitted a written report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate amendments made by the General Assembly at the previous Session to State statues that are incorporated by reference in the City Code; this procedure ensures that the ordinances codified in the City Code incorporate the most recent amendments to State law; incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy 30 ACTION: ACTION: provisions of State statues in their entirety; and the technique ensures that local ordinances are always consistent with the State law as is generally required. The Acting City Attorney recommended that Council adopt an ordinance to readopt and reenact the Code of the City of Roanoke (1979); and if an ordinance is not adopted, City Code sections incorporating provisions ofthe State Code amended atthe last Session of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under these City Code sections. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#34316-060799) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 588.) Mr. Harris moved the adoption of Ordinance No. 34316-060799. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. 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 April, 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 for the month of April would be received and filed. 31 . DIRECTOR OF FINANCE-PURCHASE/SALE OF PROPERTY- DELINQUENT TAXES: The Director of Finance submitted a written report advising that as part of continuing efforts to collect delinquent real estate taxes, he requests permission to place an advertisement in The Roanoke Times and in The Roanoke Tribune for approximately 150- 200 real properties that have been identified; and the strategy is to identify those properties that have not made or kept adequate payment arrangements to obtain full payment of taxes and assessments, which is the next step in a series of collection efforts to obtain payment for these taxes and assessments before beginning the Judicial Sale of Real Property ("Tax Sale") process. It was further advised that Section 58.1-3924 of the Code of Virginia (1950), as amended (the "State Code") provides that the governing body may cause a list of real estate, which is delinquent for the nonpayment of taxes, to be published at least once in the newspaper in the City; Section 25.1 (k) of the Charter of the City of Roanoke provides that the Director of Finance shall have the power and authority to use any and all collection methods available to the treasurers under general law to collect delinquent real estate taxes; based on these provisions, the Office of Billings and Collections will review delinquent real estate taxes which have been submitted for collection and develop a list of properties to publish in local newspapers for the purpose of collecting taxes; if the delinquent taxes and assessments are not paid as a result of the advertisement, the properties will be considered for the City's next Tax Sale; and another report will be presented to Council for approval prior to the actual placement of these properties on the next Tax Sale listing. The Director of Finance recommended that Council authorize the placement of an advertisement in The Roanoke Times and in The Roanoke Tribune of real estate which is delinquent for nonpayment of taxes thereon. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34317-060799) A RESOLUTION authorizing the Director of Finance to place an advertisement in The Roanoke Times and The Roanoke Tribune of real estate which is delinquent for nonpayment of taxes thereon pursuantto ~58.1-3925 ofthe Code of Virginia (1950), as amended. 32 ~ ACTION: -, (For full text of Resolution, see Resolution Book No. 61, page 590.) Mr. Harris moved the adoption of Resolution No. 34317-060799. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Tro ut and May 0 r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. BUDGET-INTERNAL SERVICE FUND: The Director of Finance submitted a written report advising that the City of Roanoke's Internal Service Funds account for certain services provided to other departments of the City; and Internal Service Funds recover their costs by charging the receiving departments for services provided. It was further advised that budgeted funds for internal services are allocated in the General Fund in each fiscal year's budget throughout various departments based on estimated usage; usage usually varies from the original estimates; each fiscal year, at this time, it is necessary to make appropriations transfers between departments to provide sufficient funds for internal services for the fiscal year; and the transfers do not increase the overall General Fund budget, but only reallocate amounts between departments. A summary of total transfers is as follows: Budget Amount Revised Before Transfers Budget Transfers In/(Out) Amount Computer $2,765,260.00 $(148,196.00) $2,617,064.00 Information Systems Computer 143,242.00 148,196.00 291,438.00 Information Systems - PC Rental Risk Management 531,718.00 ( 5,739.00) 525,979.00 Overhead 33 , "'\. Risk Management 186,859.00 5,739.00 192,598.00 Claims Fleet 1 ,725,560.00 0.00 1 ,725,560.00 Management Fleet Rental 1.025.000.00 0.00 1.025.000.00 Total $ 6.377 .639.00 0.00 $ 6.377.639.00 The Director of Finance recommended that Council adopt the appropriate budget ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34318-060799) AN ORDINANCE to amend and reordain certain sections ofthe 1998-99 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 590.) ACTION: Mr. Harris moved the adoption of Ordinance No. 34318-060799. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayor Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written report advising that the fiscal year 1998-99 General Fund budget included funds in the nondepartmental category for retiree medical insurance, unemployment wages and termination leave wages (vacation); these fringe benefits are budgeted at estimated amounts in the nondepartmental category because annual charges of each department are difficult to project; and actual costs are charged to departments in anticipation of budget transfers to cover costs. 34 It was further advised that a proposed budget ordinance transfers funds from the nondepartmental category to the applicable departmental budgets; the ordinance transfers funds from General Fund City Retirement and VRS Retirement to provide necessary funding fortermination leave wages and transfers funds from General Fund City Retirement to provide necessary funding for the ICMA match; and the transfers do not increase the General Fund budget in total, but reallocate amounts between departments. A summary of total transfers is as follows: Budget Amount Revised Before Transfers Budget Transfers In/(Out) Amount City Retirement $ 4,672,483.00 $ ( 25,873.00) $ 4,646,610.00 VRS Retirement 1,200,326.00 ( 30,691.00) 1,169,635.00 ICMA Match 270,932.00 18,955.00 289,887.00 Retiree Medical 213,875.00 (158,066.00) 55,809.00 Insurance Unemployment 35,000.00 ( 2,983.00) 32,017.00 Wages Termination 91.275.00 198.658.00 289.933.00 Leave Wages Total $ 6.483.891.00 $ 0.00 $ 6.483.891.00 The Director of Finance recommended that Council adopt the appropriate budget ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34319-060799) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 597.) 35 ACTION: Mr. Trout moved the adoption of Ordinance No. 34319-060799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Tro ut and Mayo r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. REPORTS OF COMMITTEES: PUBLIC WORKS-DOWNTOWN NORTH: 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 demolition, removal, and re-construction of certain damaged retaining walls along the southerly side of the 01-99 block of Gilmer Avenue, N. E., and various landscaping around the re- constructed walls to re-establish the suburban ambiance of this one block length of Gilmer Avenue in the Gainsboro Neighborhood; whereupon, the Bid Committee recommended that Council authorize the City Manager to enter into a contractual agreement, in a form to be approved by the Acting City Attorney, with H. & S. Construction Company, in the amount of $71,040.00, in accordance with contract documents as prepared by Hill Studio, with total available funding as follows: Design contract with Hill Studio $ 7,500.00 Negotiated Contract Amount 71,040.00 Contingencies (including advertisements, City Engineering Expenses, & additional construction quantities) 1.460.00 Project Budget $80,000.00 It was further recommended that all other bids received by the City be rejected. 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 ordinance: 36 ACTION: (#34320-060799) AN ORDINANCE accepting the bid of H&S Construction Company for demolishing and reconstructing certain retaining walls in the Downtown North area of the City, upon certain terms and conditions, and awarding a contracttherefor; 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. 61, page 602.) Mr. Swain moved the adoption of Ordinance No. 34320-060799. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayo r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. GRANTS-YOUTH-JEFFERSON CENTER-LEASES-WA TER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of an amendment to the Sublease Agreement between The Jefferson Center Foundation and the City, in connection with office space for the Office of Grants Compliance and the Office on Youth. A staff report advised that the sublease between The Jefferson Center Foundation and the City of Roanoke for 2,003 square feet of office space required by the Office of Grants Compliance and the Office on Youth was authorized on April 4, 1994, pursuant to Ordinance No. 31945-040494; the initial term of the sublease expires on July 31,1999; and the current lease rate is $7.00 per square foot. It was further advised that the Office of Grants Compliance and the Office on Youth need to assure continuation of the sublease in order to remain in the same space previously leased on the second floor of The Jefferson Center under substantially the same terms as provided during the initial five year period; the lessor has agreed to amend the lease for the space previously leased to include an additional five year period, expiring on July 31, 2004, at a rate of $1,335.33 per month ($16,024.00 annually), which calculates to be $8.00 per square foot per year including utilities and custodial service. 37 ACTION: The Water Resources Committee recommended that Council authorize an amendment to the sublease between the City and The Jefferson Center Foundation, for one additional term offive years, with an annual cancellation provision, beginning August 1, 1999, at the initial rate of $1 ,335.33 per month, in a form to be approved by the City Attorney, for the rental of office space for the Office of Grants Compliance and the Office on Youth. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#34321-060799) A RESOLUTION authorizing execution of an Amendment to the Sublease Agreement between the Jefferson Center Foundation and the City providing for one additional term offive years, with an annual cancellation provision, for the rental of office space for the Office of Grants Compliance and the Office on Youth. (For full text of Resolution, see Resolution Book No. 61, page 603.) Ms. Wyatt moved the adoption of Resolution No. 34321-060799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. PERSONNEL DEPARTMENT -LEASES-WA TER RESOURCES: 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 the Estate of James L. Trinkle, or its successor, for use of office space at 120 West Kirk Avenue, by the Occupational Health Nurse for the Employee Medical Program. A staff report advised that additional space for the Employee Medical Program to temporarily relieve over-crowding until a permanent facility is located was leased from C. W. Francis & Son, Inc., pursuant to Ordinance No. 32724-102395; initial term of the lease was for a period of six months and expired on May 31,1996; subsequently, the lease was extended for a one year period, with an option to renew for 38 ACTION: two additional one year terms; the current renewal period will expire on June 1, 1999; C. W. Francis & Son, Inc., tJa Francis Realtors, is no longer the lessor due to the death of James L. Trinkle; and the Estate of James L. Trinkle is now the owner and lessor, through Francis Realtors as agent. It was further advised that Personnel Management needs to assure the right to continued use of the space for at least one additional year; the lessor has agreed to continue the lease at the same rate for a one year period, expiring on May 31, 2000; rental rate will be $1,200.00 per month ($14,400.00 annually) for the 2,525 square feet, which calculates to be $5.70 per square foot per year; the lease provides for an option to renew after the first year for up to three additional one-year terms; rent will increase $150.00 per month on the first day of each renewal term; thus, monthly rental rates will be as follows: first year - $1,200.00; second year - $1,350.00; third year - $1,500.00; and fourth year - $1,650.00. The Water Resources Committee recommended that Council authorize a new lease between the City of Roanoke and the Estate of James L. Trinkle, for an initial term of one year at the rate of $1,200.00 per month, beginning June 1, 1999, with an option to renew for three additional one-year terms, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#34322-060799) AN ORDINANCE authorizing the proper City officials to execute a lease agreement with the Estate of James L. Trinkle, or its successor, for use of office space at 120 West Kirk Avenue, by the Occupational Health Nurse, upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 604.) Ms. Wyatt moved the adoption of Ordinance No. 34322-060799. The motion was seconded by Mr. Trout and adopted by the following vote: 39 AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayor Bowers ---------------------------------------------------------------7. ~AYS: ~one------------------------------------------------------------------------Cl. PARKS A~D RECREA TIO~-WA TER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to the interim report of the Carvins Cove Comprehensive Land Use Committee dated February 1, 1999. A staff report advised that Council received the February 1, 1999, report from the Carvins Cove Comprehensive Land Use Committee and referred the report to the Water Resources Committee for consideration; and the report requested the Members of Council to "encourage your opposite numbers in Roanoke and Botetourt Counties to consider giving attention to the need for soil and water 'best management practices' on the headwaters of Catawba and Tinker Creeks to protect the purity of the water in Carvins Cove reservoir." It was further advised that representatives for both counties state that their governments enforce all known legal construction and development requirements and would be willing to consider any other recommendations and, if applicable, discuss those recommendations with the county farm bureaus; Source Water Assessment Program (SWAP) is a requirement of the 1996 Amendments to the Federal Safe Drinking Water Act; the Virginia SWAP, once approved, will require a formal assessment program, including land use activities, for all public water supply sources within 42 months of approval by EPA by the Virginia Department of Health, either alone or in cooperation with water system owners; and this assessment will be the initial step of providing technical assistance to water works owners in developing a Source Water Protection Program which, in turn, may provide recommendations for additional "best management practices" to discuss with neighboring jurisdictions and property owners along the headwaters of Tinker and Catawba Creeks. The Water Resources Committee advised that no additional activity is recommended until such time as the State Department of Health, in cooperation with the City and undoubtedly representatives of Botetourt and Roanoke Counties, conduct the formal Source Water Assessment Program. 4Cl ACTION: (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the reports be received and filed. The motion was seconded by Mr. Harris and unanimously adopted. NEIGHBORHOOD ORGANIZA TIONS-PURCHASE/SALE OF PROPERTY-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to a public hearing on the conveyance of surplus City-owned property located at Tenth Street and Loudon Avenue, N. W., designated as Official Tax No. 2111321, containing approximately 0.08 acre, to the Northwest Neighborhood Environmental Organization, Inc. A staff report advised that the property is located in Roanoke City at the corner of Tenth Street and Loudon Avenue; the property was acquired by the City in 1934; and in 1972, the City conveyed 1,089 square feet to the Commonwealth of Virginia for Tenth Street, N. W. right-of-way, leaving a small residual parcel. It was further advised that the property is no longer needed by the City and may be disposed of as surplus property; City policy requires surplus property to be advertised and sold to the highest bidder if the property can be used to construct a separate structure, or if the property does not meet requirements to construct a separate structure, as is the case with the lot in question, offered to an adjacent property owner; conveyance of real property must be approved by Council following a public hearing; and the adjacent property owner is, or will be, the Northwest Neighborhood Environmental Organization, Inc. (NNEO), and the organization has requested conveyance of the property for a housing project. The Water Resources Committee recommended that Council authorize advertisement of a public hearing and, lacking any comments to the contrary, approve the conveyance of Official Tax No. 2111321, containing approximately 0.08 acre to the Northwest Neighborhood Environmental Organization, Inc., and the organization will be responsible for all title work, surveying, plat preparation, and preparation of legal documents, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) 41 #^ ACTION: Ms. Wyatt moved that Council concur in the recommendation. The motion was seconded by Mr. Harris and unanimously adopted. (The public hearing was held on Monday, June 21,1999, at 7:00 p.m.) PURCHASE/SALE OF PROPERTY -BUDGET -TRAFFIC-CITY EMPLOYEES-JEFFERSON CENTER-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of property located in the 400 block of Luck Avenue, S. W., for the Employee/Jefferson Center Parking Project. A staff report advised that in September, 1994, a plan was developed to address The Jefferson Center parking needs as well as City employee parking recommendations; in December, 1994, Council approved the transfer of funds to allow acquisition of property; and 11 parcels of land have been acquired; three parcels located in the 400 block of Luck Avenue, S. W., Official Tax Nos. 1012408, 1012407, and a portion of 1012406, have been identified as possible sites to acquire to implement Phase I (property acquisition) of the parking project; the owner will subdivide Official Tax No. 1012406 to allow the City to purchase 22,800 square feet, more or less, which is approximately one- halfofthe lot; the property owner, Richard A. Dearing, has been offered $140,000.00 for the property, and it is possible that condemnation may be necessary to acquire the parcels of land. The Water Resources Committee recommended that Council approve the following actions: Authorize acquisition of property located in the 400 block of Luck Avenue, S. W., Official Tax Nos. 1012408, 1012407, and 22,800 square feet, more or less, of Official Tax No. 1012406, by negotiation or eminent domain, for the amount of $140,000.00. Appropriate $210,493.00 from the 1996 General Obligation Bonds (Employee Parking Account No. 008-052-9701-9192) to Employee Parking Capital Account No. 008-056-9698- 9001) to provide funding for property acquisitions and related expenses for this ongoing program. (For full text, see reports on file in the City Clerk's Office.) 42 ACTION: ACTION: Ms. Wyatt offered the following emergency budget ordinance: (#34323-060799) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 605.) Ms. Wyatt moved the adoption of Ordinance No. 34323-060799. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayo r Bowe rs---------------------------------------------------_-----------7. NAYS: None-------------------------------------------------_----------------------0. Ms. Wyatt offered the following emergency ordinance: (#34324-060799) AN ORDINANCE providing for the acquisition 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.1 012406, 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; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 606.) Ms. Wyatt moved the adoption of Ordinance No. 34324-060799. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers------------------------------__________________---------------7. NAYS: None-----------------------------------_______________----------------------0. 43 WATER RESOURCES-SWIMMING POOLS: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to approval of the Water Conservation Plan dated May 17, 1999, and authorizing the Acting City Manager to take certain actions and provide for such rules and regulations as may be necessary to implement, administer and enforce the Water Conservation Plan. The Water Resources Committee recommended thatCouncil take the following actions: Council finds that a water supply emergency exists in the City affecting the use of water in any area of the City and that there is a need to control and restrict the use of water during the emergency and that Council approve the Water Conservation Plan, dated May 17, 1999, including the surcharges contained therein; that Council declare the water supply emergency will be lifted when the Carvins Cove reservoir level reaches ten feet below the spillway or upon further action of Council. Authorize the City Manager, in accordance with the City of Roanoke Charter (1952), Sections 2-(31) and (32), and Virginia Code Section 15.2-924, to impose suitable penalties for the violations of the Water Conservation Plan of not less than $100.00 for residential users and $500.00 for institutional/commercial/industrial users; each day of a violation shall be considered a separate violation; penalties assessed will be immediately payable; Council further authorizes the City Manager to provide that failure to pay the penalty assessed and/or multiple violations of the Water Conservation Plan may subject the water user to immediate cut off of water service and service will not be resumed until all bills, penalties, plus a $50.00 turn on fee are paid. Authorize the City Manager to temporarily employ and authorize two Water Conservation Officers, or such additional personnel as may be necessary, for patrolling and issuing of citations to water users in violation of restrictions and allocated conditions set forth in the Plan. Additionally I authorize the City Manager to authorize the following employees for patrolling and issuing of 44 ACTION: citations: Watershed Security Officers (2), Boat Inspectors (2), Pump and Storage Operators (2), Utility Workers (2), and other Water Department employees as required. Authorize the City Manager to take such further action and to provide for such rules or regulations as may be necessary to administer and/or implement the Water Conservation Plan. Amend the Water Fund fiscal year 1999-2000 budget and appropriate $100,000.00 from the Water Fund prior years' retained earnings to Account No. 002-056-2170-2055 _ Purchased Water; $3,000.00 to Account No. 002-056-2170- 1003 - Overtime Wages. Authorize the Director of Finance to impose water rates noted in the Plan should the reservoir level reach Condition 3 (30 feet) or Condition 4 (42 feet) below spillway level. Decrease the revenue estimate by $408,660.00 in Water Fund Account No. 002-056-1234-0905, Bulk Sales Roanoke County, for estimated lost revenue to reduce sale of water to Roanoke County of two and one-half million gallons a day for up to 84 days. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#34325-060799) AN ORDINANCE to amend and reordain certain sections ofthe 1999-2000 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 607.) Ms. Wyatt moved the adoption of Ordinance No. 34325-060799. The motion was seconded by Mr. Harris. Kit B. Kiser, Director, Utilities and Operations, advised that the Water Conservation Plan is the next step of a process that started in March 1999 through the Water Resources Committee, at which time the Committee requested that Council call the water situation to the 45 attention of citizens and request voluntary water conservation. At that time, he stated that the City administration was requested to pursue an orderly plan to address the potential water shortage and the Water Resources Committee has recommended that Council adopt a Water Conservation Plan that provides the following: at 22 feet, the City will request assistance from neighboring jurisdictions, at 24 feet, the City Manager will be authorized to impose restrictions on certain unauthorized uses of water and water conservation officers will be assigned the responsibility of patrolling the City and passing out warnings for unauthorized water usage. He reviewed provisions of the Water Conservation Plan. The Acting City Manager advised that the City is not in a crisis situation at this point, however, recommended actions are proposed in an effort to avoid a water crisis. He stated that as of this date, Carvins Cove is at 20.9 feet below spillway level, in two weeks, minus any rainfall, Carvins Cove will be approximately 22 feet below spillway level; and at that point, the City will trade water with Roanoke County, and purchase water from the City of Salem and the Town of Vinton. He explained that the City depends upon Carvins Cove for about 14 million gallons of water per day, and even though Roanoke County has the Spring Hollow Reservoir, the County does not have the processing capability to provide the City in excess of more than two to three million gallons of water per day, and at 22 feet below spillway, the City will work with the County to obtain additional water. Mr. Kiser explained that at 24 feet, Carvins Cove will be at its lowest level ever, therefore, it is known that there will be certain water quality operational problems. He stated that due to pipe sizing connection there is a limitation on how much water the City can purchase from Roanoke County, however, the City and the County are working jointly to maximize the situation. The Acting City Manager was requested to respond to questions by citizens regarding the City's position to fill the two municipal swimming pools in Washington Park and Fallon Park, and to elaborate on water conservation measures to be taken by the City; whereupon, he advised that the City has taken voluntary water conservation very seriously and met with department managers to generate methods to , save water. He stated that sod on City property will not be watered, water fountains have been turned off, and flower beds are watered by recycled water from the Sewage Treatment Plant. He stated that a consensus was reached by City staff to fill the two municipal swimming 46 ACTION: pools during this period of voluntary conservation because ofthe City's young people who need constructive recreation. He reported that private swimming pools are allowed to be filled which means that those children who can afford to do so will have the opportunity to enjoy private swimming pools while those children who cannot afford to visit private pools will be able to enjoy the City's municipal swimming pools. He explained that once the swimming pools are filled, there is relatively small use of water, other than through normal evaporation and use of restroom facilities. The Mayor appealed to citizens of Roanoke to practice good water conservation measures, and requested that churches, synagogues, temples, etc., offer a prayer for rain in their worship services. Ordinance No. 34325-060799 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayor Bowe rs ---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. Ms. Wyatt offered the following emergency ordinance: (#34326-060799) AN ORDINANCE declaring that a water supply emergency exists within the City of Roanoke; approving the Water Conservation Plan dated May 17, 1999; authorizing the City Manager to impose suitable penalties for violations of the Water Conservation Plan; authorizing the City Manager to temporarily employ two water conservation officers and to authorize those officers as well as certain other City employees to patrol and issue citations for violations of the Water Conservation Plan; authorizing the City Manager to take such further action and to provide for such rules and regulations as may be necessary to implement, administer and enforce the Water Conservation Plan; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 608.) Ms. Wyatt moved the adoption of Ordinance No. 34326-060799. The motion was seconded by Mr. Trout and adopted by the following vote: 47 ACTION: .., AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayor Bowe rs---------------------------------------_____________-----------7. NAYS: None---------------------------------------___________----------------------Cl. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-ANIMALS/INSECTS: Ordinance No. 34298, amending Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, to provide for certain revisions relating to the dog ordinance, having previously been before the Council for its first reading on Monday, May 17, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#34298-Cl6Cl799) AN ORDINANCE amending Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, by adding new ~~6-11, Public nuisance animal, 6-12, Duty of animal owners, 6-13, Cleaning up after animals, and 6-27, Limitations on keeping, and amending ~~6-22, Definitions. 6-42.1, Licensing imposed, 6-43, When due and payable, and 6-45, Issuance. composition and contents of license; the added and amended sections defining "public nuisance animal" and creating a Class 3 misdemeanor for keeping a public nuisance animal in the City, prescribing a duty of care for animal owners, requiring owners to clean up after their animals, limiting to four the number of dogs kept on residential property, providing new definitions of "dog", "domestic", "farm" and "to run at large" or "running at large", and establishing new fees for licenses for dogs and commercial kennels; and providing for an effective date of July 1, 1999. (For full text of Ordinance, see Ordinance Book No. 61, page 565.) Mr. Hudson moved the adoption of Ordinance No. 34298-Cl6Cl799. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Tro ut a nd May or Bowers----------------------------____________________---------------7. NAYS: None---------------------------_______________________----------------------Cl. 48 . 5 I G N 51 B ILL BOA R D 51 A WN I N G 5 -H 0 U 5 I N GI AUT H 0 R I TV: Ordinance No. 34302, authorizing acceptance of a donation and conveyance of certain property identified by Roanoke City Tax No. 2022611, located on McDowell Avenue, N. W., to the City of Roanoke from the Roanoke Redevelopment and Housing Authority for construction of a new sign at the entranceway of Historic Gainsboro District, and authorizing preparation of the appropriate documents, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, May 17, 1999, read and adopted on its first reading and laid over, Mr. Trout offered the following for its second reading and final adoption: (#34302) AN ORDINANCE authorizing the acceptance of a donation and conveyance of certain property identified by Roanoke City Tax No. 2022611, located on McDowell Avenue, N. W., to the City from the Roanoke Redevelopment and Housing Authority for the construction of a new sign at the entranceway of Historic Gainsboro District, authorizing preparation of the appropriate documents, upon certain terms and conditions. Mr. Trout moved the adoption of Ordinance No. 34302. The motion was seconded by Mr. White. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that at the last meeting of Council on Monday, May 17, 1999, it was stated that the property could be accepted without the construction of a sign; however, the measure currently before Council provides for construction of a new sign at the intersection of the Historic Gainsboro District. She stated that the historic district starts at North Jefferson Street, Gilmer Avenue and Patton Avenue, N. W., where the Historic Gainsboro Library is located, and requested clarification as to the contents of the sign. The Acting City Manager reported that the sign will bear the following inscription: "Welcome to Historic Gainsboro." Ms. Bethel stated that the entire section of Gainsboro has not been officially declared historic and to use the historic designation demeans the official designation. She added that there were certain procedures that were followed to receive the H-2, Historic District Overlay designation for Gilmer and Patton Avenues, N. E and N. W., and to deliberately place an incorrect sign at that location is damaging to the historic designation. She stated that the City should officially 49 .., declare all of Gainsboro as an historic district and then the sign would be correct, but without that designation, the sign is nothing but a farce and demeans other areas of the City that have been declared historic, including the possible historic designation of the Star on Mill Mountain. Upon question, William F. Clark, Director, Public Works, advised that the sign which currently exists at the corner of Gainsboro Road and McDowell Avenue on the corner at Hill Street Baptist Church refers to Historic Gainsboro. Because of questions regarding the size of the lot, he stated that the sign will be four feet less in width by taking two feet off at both ends and reducing the length of the aluminum panel on the background, the letters have already been acquired by the contractor, therefor, they will have to be used at that location or the City will be responsible for the costs incurred by the contractor. He explained that the size of the sign has been reduced to more closely fit the size of the lot; however, the wording on the proposed sign is no different than the wording on the existing wooden sign which is currently located at that same corner. Ms. Helen E. Davis, 35 Patten Avenue, N. E., advised that she appeared before Council at its last meeting on Monday, May 17, 1999, and she was of the understanding that the Director of Public Works was requested to confer with residents of the area to resolve the matter. She stated that simply because the current sign is worded "Historic" Gainsboro does not make it right, because all of Gainsboro has not been designated as an historic area. The Acting City Manager advised that neither the City administration nor City Council has a vested interest in what the sign says; however, it was his understanding that several months ago when the original sign was discussed, there were persons from the area who were in favor of using the word "historic" on the proposed new sign and those persons were not represented today. He stated that City staff will work with residents of the area to reach a consensus. Mr. White moved that Ordinance No. 34302, on its second reading, be tabled until there is a consensus of opinion by residents of the Gainsboro area. The motion was seconded by Ms. Wyatt and adopted. ZONING: Ordinance No. 34304, rezoning property located at 1805 Orange Avenue, N. W., Official Tax No. 2321415, from C-2, General Commercial District, to C-1, Office District, pursuant to the First 50 ACTION: ACTION: Amended Petition filed in the Office of the City Clerk on January 27, 1999, having previously been before the Council for its first reading on Monday, May 17, 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: (#34304-060799) AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 61, page 572.) Mr. Trout moved the adoption of Ordinance No. 34304-060799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------0. ZONING: Ordinance No. 34305, rezoning a tract of land located at 907 4th Street, S. E., Official Tax No. 4021001, from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffers contained in the Second Amended Petition filed in the Office of the City Clerk on April 13, 1999, having previously been before the Council for its first reading on Monday, May 17, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#34305-060799) 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. 61, page 573.) Mr. Harris moved the adoption of Ordinance No. 34305-060799. The motion was seconded by Mr. Hudson and adopted by the following vote: 51 ACTION: ACTION: ~. AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs--------------------------------------------________-----------7. NAYS: None-------------------------------------------_______----------------------Cl. STREETS AND ALLEYS: Ordinance No. 343Cl6, permanently vacating, discontinuing and closing certain portions of Norfolk Avenue, S. W., extending in an easterly direction from Second Street, S. W., lying generally between Second Street, S. W., and Williamson Road, S. E., and a portion of former Norfolk Avenue, S. W., having previously been before the Council for its first reading on Monday, May 17, 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: (#343Cl6-Cl6Cl799) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 61, page 575.) Mr. Trout moved the adoption of Ordinance No. 343Cl6-Cl6Cl799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and May 0 r Bowe rs---------------------------------------_____________-----------7. NAYS: None-------------------------------------_____________----------------------Cl. DECEASED PERSONS: Mr. Hudson offered the following resolution memorializing the late Walker R. Carter, Jr., Clerk of Circuit Court for the City of Roanoke from 1961 to 1979: (#34327 -Cl6Cl799) A RESOLUTION memorializing the late Walker R. Carter, Jr. (For full text of Resolution, see Resolution Book No. 61, page 611.) Mr. Hudson moved the adoption of Resolution No. 34327 -Cl6Cl799. The motion was seconded by Mr. Trout and adopted by the following vote: 52 ACTION: "' AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T rout and May 0 r Bowe rs--------------------------------------------________-----------7. NAYS: None-----------------------------------------_________----------------------Cl. DECEASED PERSONS: Mr. Swain offered the following resolution memorializing the late Dr. Maynard Herman Law, who dedicated his service to the community in medicine and civic leadership: (#34328-Cl6Cl799) A RESOLUTION memorializing the late Dr. Maynard Herman Law. (For full text of Resolution, see Resolution Book No. 61, page 612.) Mr. Swain moved the adoption of Resolution No. 34328-Cl6Cl799. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut a nd May or Bowers-------------------------------_________________---------------7. NAYS: None--------------------------------__________________----------------------Cl. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MA YORAND MEMBERS OF COUNCIL: NATIONAL LEAGUE OF CITIES-GRANTS: Mr. Trout offered the following resolution urging the U. S. Congress to support full funding of the Community Development Block Grant (CDBG) Program in 2ClClCl, at least at the Fiscal Year 1999 level of $4.75Cl billion, as an investment in the future of America's communities: (#34329-Cl6Cl799) A RESOLUTION urging the U. S. Congress to support full funding of the Community Development Block Grant (CDBG) Program in 2ClClCl, at leastatthe Fiscal Year 1999 level of$4.75Cl billion, as an investment in the future of America's communities. (For full text of Resolution, see Resolution Book No. 61, page 613.) 53 ACTION: ACTION: Mr. Trout moved the adoption of Resolution No. 34329-Cl6Cl799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T rout and Mayo r Bowe rs---------------------------------------------------------------7. NAYS: N one------------------------------------------------------------------------Cl. HOUSING/AUTHORITY -NA TIONAL LEAGUE OF CITIES-GRANTS- ECONOMIC DEVELOPMENT: Mr. Trout offered the following resolution urging members ofthe United States House Commerce Committee and the United States House of Representatives to amend H. R. 1 Cl to modernize the Community Reinvestment Act (CRA) passed in 1977, in order for the CRA to continue to be an important economic development tool to increase home ownership and economic development in low income urban and rural communities: (#3433Cl-Cl6Cl799) A RESOLUTION urging the members of the United States House Commerce Committee and the United States House of Representatives to amend H.R.1 Cl to modernize the Community Reinvestment Act (CRA) passed in 1977, in order for the CRA to continue to be an important economic development tool to increase home ownership and economic development in low income urban and rural communities. (For full text of Resolution, see Resolution Book No. 61, page 615.) Mr. Trout moved the adoption of Resolution No. 3433Cl-Cl6Cl799. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, T ro ut and Mayor Bowers ---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------Cl. COMPLAINTS-RESPOND SYSTEM-PARKS AND RECREATION: Council Member Hudson referred to complaints by citizens who are unable to contact the City's Weed Control Coordinator by telephone and inquired iftelephone calls can be forwarded to a City employee for response when the Weed Control Coordinator is out of the office. 54 ACTION: "' George C. Snead, Jr., Director, Public Safety, advised that his office, in cooperation with the Office of Management and Budget and the Weed Control Coordinator, will focus on ways to insure that citizens are informed that they can call the Weed Control Coordinator and the City's Respond system to record their complaints. He stated that the overall goal is to provide the Weed Control Coordinator with more time to work in the field, while providing a means for citizens to interact with a City employee rather than an automated message. CITY EMPLOYEES-CENSUS: Council Member White requested a briefing with regard to appointment by the Acting City Manager of an internal team of City employees to work with the year 2ClClCl national census to ensure that every citizen of the City of Roanoke is counted in the upcoming census. It was the consensus of Council that the request would be referred to the Acting City Manager for appropriate response. PARKS AND RECREATION-REFUSE COLLECTION: Council Member Swain expressed concern with regard to the cleanliness ofthe City, and reiterated previous remarks regarding the need for a public relations campaign to educate citizens on the cost to the taxpayers of Roanoke to remove litter from City streets. He suggested billboard advertising and soliciting input/participation from students as to how to address the problem. In regard to weed control/overgrown lots, he suggested that the City explore the feasibility of engaging small business contractors or inmates from the City Jail to address the problem. It was the consensus of Council that Mr. Swain's remarks would be referred to the Acting City Manager for appropriate response. At 5:ClCl p.m., the Mayor declared the meeting in recess. At 5:15 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session 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 55 , ACTION: identified in any motion by which any Executive Session 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 White, Wyatt, Harris, Hudson, Swain, T ro ut a nd Mayor Bowe rs ---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------Cl. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 5:17 p.m., the Mayor declared the meeting in recess. At 5:3Cl p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session 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 Executive Session 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 White, Wyatt, Harris, Hudson, Swain, Tro ut a nd Mayor Bowe rs ---------------------------------------------------------------7. NAYS: None------------------------------------------------------------------------Cl. PURCHASE/SALE OF PROPERTY-RAILSIDE LINEAR WALK: Mr. Trout offered the following emergency ordinance affirming the intent of the Council of the City of Roanoke to provide for acquisition of property rights needed by the City for Railside Linear Park - Phase I: (#34331-Cl6Cl799) AN ORDINANCE affirming the intent of the Council of the City of Roanoke to provide for the acquisition of property rights needed by the City for Railside Linear Park - Phase I; setting a certain limit on the consideration to be offered by the City; providing for 56 I 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. 61, page 616.) ACTION: Mr. Trout moved the adoption of Ordinance No. 34331-Cl6Cl799. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Hudson, Swain, Trout and Mayor Bowers------------------------------------------- ----------------------------------6. NAYS: Council Member Wyatt----------------------------------------------1. CABLE TELEVISION-COUNCIL: Mr. Harris moved that it shall be the procedure of Council to convene in Executive Session to consider Vacancies on Various Authorities, Boards, Commissions and Committees Appointed by Council prior to consideration of Other Hearing of Citizens, and any additional Executive Session(s) will be convened immediately following Other Hearing of Citizens; and RVTV - Channel 3 coverage of City Council meetings will conclude when Council convenes in Executive Session. The motion was seconded by Mr. Trout and unanimously adopted. (The above action was rescinded by motion of Council on Monday, August 16, 1999.) There being no further business, the Mayor declared the meeting adjourned at 5:4Cl p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 57 REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL June 21, 1999 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, June 21, 1999, at 12:15 p.m., the regular meeting hour, with Chairman Pro Tem William White, Sr., presiding, pursuant to Rule 1, Regular Meetings. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Chairman Pro Tem William White, Sr.-----------------------5. ABSENT: Vice-Mayor C. Nelson Harris and Mayor David A. Bowers-----------2. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk. The Deputy City Clerk stated that she had been advised that the Mayor and Vice-Mayor would not be available to attend the regular meetings of Roanoke City Council; and in accordance with Roberts Rules of Order, it would be necessary for the Members of Council to elect a Chairman Pro Tem to preside over this meeting of City Council, as well as the 2:ClCl p.m. and 7:ClCl p.m. sessions of Council. The Deputy City Clerk called for nominations for a Chairman Pro Tem. Mr. Trout placed in nomination the name of Council Member White to preside as Chairman Pro Tem. There being no further nominations, Council Member White was elected as Chairman Pro Tem by the following vote: FOR MR. WHITE: Council Members Wyatt, Hudson, Swain, Trout and White--5. (Mayor Bowers and Vice-Mayor Harris were absent.) BLUE RIDGE COMMUNITY SERVICES: A briefing with regard to Blue Ridge Community Services was before Council. Mr. Glenn D. Radcliffe, Director of Human Development, introduced a briefing with regard to the programs provided to citizens by Blue Ridge Community Services. 1 "' Dr. Fred P. Roessel, Jr., Ph.D., Executive Director, Blue Ridge Community Services, referred to his communication under date of June 16, 1999, detailing information on the services and funding of Blue Ridge Community Services as compared to other selected Community Services Boards, and presented an overview of the services and activities provided by Blue Ridge Community Services. (For full text, see communication on file in the City Clerk's Office.) Mr. Thomas Chapman, Director of Administration, Blue Ridge Community Services, presented a briefing with regard to services of Blue Ridge Community Services as compared to other selected Community Services Boards, advising that most of the information was derived from the Fiscal Year 1998 Annual Statistical Report ofthe Department of Mental Health, Mental Retardation and Substance Abuse Services; since detailed information was not readily available in a comparable way for the individual localities as requested by the City administration, he provided data on the Community Services Board which serves each of those jurisdictions, as follows: 1. BristollWashington County - Highlands CSB 2. Alexandria - Alexandria CSB 3. Portsmouth - Portsmouth CSB 4. Richmond - Richmond Behavioral Healthcare Authority 5. Norfolk - Norfolk CSB 6. Petersburg - District 19 CSB 7. Lynchburg - Central Virginia CSB 8. Montgomery County - New River CSB Mr. Chapman provided further information with regard to comparison of services provided by Blue Ridge Community Services and selected Community Services Boards; comparison of revenue of Blue Ridge Community Services and selected Community Services Boards; comparison of funding of Blue Ridge Community Services and selected Community Services Boards by service type; comparison of Local Tax Appropriations by Blue Ridge Community Services member jurisdictions; and a breakdown of Blue Ridge Community Services staff by function, race and gender. It was advised that the services listed are those approved for funding by the Department of Mental Health, Mental Retardation and Substance Abuse Services with State controlled funds, as defined in Core Services Taxonomy ~; descriptions of these services were provided in the BRCS report to City Council dated February 25, 1999; a copy of the proposed FY 2ClClCl Performance Contract for Blue Ridge Community Services is also being provided, which includes all of the funds approved as of June 15, 1999, with the exception of new money appropriated by the General Assembly that has not yet been allocated. 2 Ms. Wyatt expressed concern about the organization's impact on the City of Roanoke and its citizens, not other localities, and stated she has difficulty believing that Blue Ridge Community Services does not keep track of services provided by other localities; whereupon, Mr. Chapman stated thatthis information was contained in a local progress report provided to City Council in November or December of 1998. Ms. Wyatt stated she would like to see figures for the City of Roanoke to compare to other cities; whereupon, Mr. Chapman advised that he would pull the figures from the report provided to Council in November or December of 1998 and prepare a comparison for Council's information. Mr. Trout advised that he heard about a possible expansion of the Blue Ridge Community Services building and inquired as to when Council could expect a briefing on this matter; whereupon, Mr. Chapman advised that Blue Ridge Community Services is in the preliminary stages of purchasing another building, with the goal of combining all services into one building; and they are looking into conventional financing for the building, although they are not to that point yet. Mr. Chapman responded to specific questions from Council with regard to information contained in Tables A - F of the comparison report submitted with Dr. Roessel's communication under date of June 16, 1999. With regard to the Blue Ridge Community Services Fiscal Year 2ClClCl Performance Contract, Mr. Radcliffe advised that the City will soon begin looking at when the localities need to enter into a new Performance Contract, and this matter will be brought before Council for final approval. Mr. Chapman stated that Mr. Radcliffe has been very helpful and has been on the front lines of the process; that major differences in the new contract include references about three different kinds of services, i.e., programmatic, individualized and special projects, and summary information on Total Revenues for Services relating to Consolidated Mental Health Services, Consolidated Mental Retardation Services, and Consolidated Substance Abuse Services. There being no further discussion, and without objection by Council, the Chairman Pro Tem advised that the briefing would be received and filed. p.m. At 1 :ClCl p.m., the Chairman Pro Tem declared the meeting in recess until 2:ClCl At 2:ClCl p.m., on Monday, June 21, 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, Chairman Pro Tem White presiding. 3 .., PRESENT: Council Members Linda F. Wyatt, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Chairman Pro Tem William White, Sr.-----------------------5. ABSENT: Vice-Mayor C. Nelson Harris and Mayor David A. Bowers-----------2. OFFICERS PRESENT: James D. Ritchie, Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk. The reconvened meeting was opened with a prayer by Chairman Pro Tem William White, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Chairman Pro Tem White. The Chairman Pro Tem welcomed visiting high school students from Roanoke City and Roanoke County who were participating in a Minority Journalism Workshop. CONSENT AGENDA The Chairman 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. He called specific attention to two requests for Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being litigation and other specific legal matters involving publicly owned property; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Vice-Mayor C. Nelson Harris requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuantto Section 2.1-344 (A)(1), Code of Virginia (195Cl), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 4 .., ACTION: ACTION: Mr. Trout moved that Council withdraw the request of the Vice- Mayor to convene in Executive Session 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 (195Cl), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C ha i rma n Pro T em Wh ite--------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). CITY ATTORNEY: A report of the Acting City Attorney requesting that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being litigation and other specific legal matters involving publicly owned property, pursuant to Section 2.1-344 (A)(7), Code of Virginia (195Cl), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the Acting City Attorney to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being litigation and other specific legal matters involving publicly owned property, pursuant to Section 2.1-344 (A)(7), Code of Virginia (195Cl), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rma n Pro T em Wh ite-----------------------------------________________----------5. NAYS: None----------------------------------________________---------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee of Roanoke City Council which was held on Monday, June 7,1999, were before the body. The Audit Committee considered the following items: 5 ACTION: ACTION: FINANCIAL AUDITS Canteen Fund Jail Inmate Fund FINANCIAL RELATED AUDITS EMS Billings and Collections City Market Parks and Recreation Part-Time Payroll Capital Project Contract Management Briefing on the Fleet Management Report NEW BUSINESS KPMG General Audit Plan Municipal Auditing 2ClClCl Audit Plan Peer Review (For full text, see Minutes on file in the City Clerk's Office.) Mr. Trout moved that the Minutes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C ha i rm a n Pro T em Wh i te----------------------------------------------______---------s. NAYS: None-----------------------------------------_________---------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). ENTERPRISE ZONE: The Acting City Managersubmitted a written report requesting that City Council approve the advertising of a Public Hearing for July 19, 1999, to discuss a boundary amendment of both Enterprise Zone One and Two and the addition of local incentives to Enterprise Zone One which are currently available in Enterprise Zone Two. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the Acting City Manager to authorize a public hearing to be held on Monday, 6 July 19, 1999, at 7:ClCl p.m., or as soon thereafter as the matter may be heard, with regard to a boundary amendment of Enterprise Zones One and Two and the addition of local incentives to Enterprise Zone One. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C hai rman Pro T em Wh ite-------------------------------------------------------------s. NAYS: N one-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: POLICE DEPARTMENT-BUDGET-CITY SHERIFF-GRANTS: A communication from the Honorable George M. McMillan, Sheriff, recommending acceptance of a grant by the Commonwealth of Virginia Department of Criminal Justice Services to continue a three year pilot program for institutional treatment of persons who violate interdiction orders and are sentenced to a term of incarceration in the Roanoke City Jail, was before Council. It was advised that interdiction orders issued by a Circuit Court pursuant to Section 4.1-333 of the Code of Virginia may prohibit those with a history of public intoxication arrests from purchasing or possessing alcoholic beverages; violations of an interdiction order is punishable as a Class One Misdemeanor by up to one year in jail; through cooperative efforts of the Commonwealth Attorney, the Circuit Court, the Police Department and the Roanoke City Sheriff, a number of individuals have received these interdiction orders in Roanoke in the past year; some of these individuals have violated the court order and have subsequently been sentenced to jail terms; the Roanoke City Sheriff's Office developed an innovative community-based program that began in January of 1999 that is designed to address some of the root causes of alcoholism that should, in turn, lead to the reduction of the incidence of public intoxication in the City; the program was adopted 7 by Council at their meeting on December 7, 1998; and the Roanoke City Sheriff's Office is currently participating in the 2nd year of the approved three year grant for the Jail-Based Public Inebriate Program. It was further advised that the Roanoke City Sheriff's Office developed a grant proposal to the Department of Criminal Justice Services (DCJS) to provide for a pilot three year institutional (jail-based) treatment service program for individuals that violate interdiction orders and are sentenced to a term of incarceration in the Roanoke City Jail; the grant proposal was approved by the Court-Community Corrections Regional Community Criminal Justice Board and Roanoke City Council and was submitted to DCJS; DCJS awarded a three-year grant to the City of Roanoke to conduct the Jail-based Public Inebriate Intervention and Treatment Service Program; the 1998 General Assembly has provided $87,973.ClCl for the City of Roanoke for fiscal year 1998-99 and $163, 133.ClCl for fiscal year 1999-2ClClCl; funding for the fiscal year 1999-2ClClCl provides for program continuation, and the services ofa Deputy Sheriff position, and related operational expenses; and the Pilot Public Inebriate Jail-based Intervention and Treatment Program will specifically target individuals who violate their interdiction order and are sentenced to a term of incarceration in the Roanoke City Jail. The Sheriff recommended that Council authorize the City Manager to sign the Grant Acceptance Award to enable the City of Roanoke to receive funding in the amount of $163,133.ClCl in funds for the second year of the three year Pilot Public Inebriate Program; the Director of Finance to establish the revenue estimate in the Grant Fund by the amount of $163,133.ClCl in State general funds; and appropriate $163,133.ClCl in the Grant Fund to the appropriate 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: (#34332-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. 8 ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 1.) Mr. Trout moved the adoption of Ordinance No. 34332-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rma n Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#34333-Cl62199) A RESOLUTION authorizing the acceptance of a grant to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services to continue a three year pilot program for institutional treatment of persons that violate interdiction orders and are sentenced to a term of incarceration in the Roanoke City Jail, and authorizing execution of any required documentation on behalf of the City by the City Manager. (For full text of Resolution, see Resolution Book No. 62, page 2.) Mr. Trout moved the adoption of Resolution No. 34333-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C ha i rman Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). SCHOOLS: A communication from the Roanoke City School Board requesting the close out of 54 school grants which have been completed, was before Council. It was advised that total outlays for the grants amounted to $11,375,Cl27.59; and revenue for the grants was provided as follows: 9 " ACTION: Federal Funds State Funds Fees/Donations Local Match $7,172,1 ClCl.Cl6 $2,ClCl5,481.61 $ 618,Cl42.26 $1,579,4Cl3.66 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 moved that Council concur in the request. The motion was seconded by Mr. Swain and adopted. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation offunds to the following school accounts, was before Council. $169,533.ClCl from 1997 Capital Bond Funds for the Addison Aerospace Middle School renovation project. The supplemental appropriation reflects change orders for rock excavation and backfill, demolition, and stage floor replacement. $3,25Cl,ClClCl.ClCl from the State Literary Fund to provide funds for the renovation ofthe Roanoke Valley Governor's School for Math and Science. $82,ClClCl.ClCl for the Summer Youth Employment Program to provide training and hands-on experience for disadvantaged or handicapped youth from the inner city with the goal of enhancing employment potential, developing employment competencies, and earning academic credit toward the high school diploma. This continuing program will be one hundred percent reimbursed by federal funds. The following appropriation requests are for 1999-2ClClCl school year programs: 1Cl $2ClCl,ClClCl.ClCl for the Title I Even Start Family Literacy Grant to provide staff and funding for parental and preschool workshops for family literacy efforts at the preschool and adult education levels. This continuing program will be one hundred percent reimbursed by federal funds. $2,773,72Cl.ClCl for the Title I Winter Program to provide remedial reading, language arts and mathematics instruction for students in targeted schools. This continuing program will be one hundred percent reimbursed by federal funds. $162,ClCl6.ClCl for the Title VI Program to provide funds for the implementation of innovative instructional programs in the school district and to provide visiting teacher services. This continuing program will be reimbursed by federal funds in the amount of $111,217.ClCl and a local match of $5Cl,789.ClCl. $1,131,64Cl.ClCl for the Governor's School Program to provide instruction in science and math to high school students. This continuing program will be supported by state funds, tuition collected from participating school districts, and local match. $821 ,Cl89.ClCl for the Magnet School Program to provide for the operation of the Round Hill Montessori School. This continuing program will be one hundred percent reimbursed by federal funds. $312,275.ClCl for the federal innovative program to implement the International Baccalaureate Middle Years Program and International Baccalaureate (IB) Preparatory Program at Breckinridge Middle School. The purpose of the grant is to facilitate whole school reform through adoption of the IB Middle Years Program. This new program will be one hundred percent reimbursed by federal funds. $1 ,453,Cl2Cl.ClCl for the Flow Through Program to provide aid for the education and guidance of handicapped students. This continuing program will be one hundred percent reimbursed by federal funds. 11 t $65,238.ClCl for the Child Development Clinic Program to provide funds for the salary and expenses of the educational coordinator at the clinic. This continuing program will be one hundred percent reimbursed by state funds. $61,167.ClCl for the Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. This continuing program will be one hundred percent reimbursed by state funds. $163,346.ClCl for the Juvenile Detention Home Program to provide funds for the salary and expenses of the three educational coordinators. This continuing program will be one hundred percent reimbursed by state funds. $136,4Cl7.ClCl for the Preschool Incentive Program to provide orientation and evaluation for handicapped students who will be entering the public school system for the first time during the fall. Instructional equipment purchases will include classroom equipment and outdoor play structures. This continuing program will be one hundred percent reimbursed by federal funds. $21,87Cl.ClCl for the Special Education Interpreter Training Program to provide funds for the development of training curriculum for the hearing impaired program. This continuing program will be one hundred percent reimbursed by federal funds. $16Cl,56Cl.ClCl for the Adult Basic Education Program to provide funds for the education of adults who have not completed high school. This continuing program will be reimbursed by federal funds in the amount of $137 ,86Cl.ClCl and a local match of $22,7ClCl.ClCl. $129, 111.ClCl forthe Apprenticeship Program to provide on- the-job and classroom vocational instruction for students in the apprenticeship program. This continuing program will be funded by state funds and fees paid by participants. 12 $364,658.ClCl for the Perkins Act Program to provide funds forvocational equipment. This continuing program will be one hundred percent reimbursed by federal funds. $35,ClClCl.ClCl for the Regional Education Specialist Program to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district which includes the Cities of Roanoke, Salem, Covington, and Clifton Forge and the Counties of Roanoke, Craig, Botetourt, and Allegheny. This continuing program will be one hundred percent reimbursed by state funds. $23,452.ClCl for the Adult Education in the Jail Program to provide funds to be used for instruction to inmates in the Roanoke City Jail to aid in their acquisition of the GED certificate. This continuing program will be reimbursed by federal funds in the amount of $21,1 Cl7 and jail funds in the amount of $2,345.ClCl. $15Cl,Cl98.ClCl for the Regional Adult Literacy (TAP) Program to provide funds for the administration of adult literacy programs in Allegheny County, Roanoke County, and the Cities of Covington, Clifton Forge, and Salem. This continuing program will be subcontracted through Total Action Against Poverty (TAP), and federal funds will pass through the Roanoke City Schools. $8,612.ClCl for the GED Testing Program to provide instructors for GED preparation classes and for the administration of the GED examinations. This continuing program will be funded with student fees. $5,383.ClCl for the Opportunity Knocks (GED) Program to provide instruction for the General Educational Development (GED) Examination for young adults. The program operates under an Agreement of Understanding with the Fifth District Employment and Training Consortium (FDETC) to address GED preparation needs of FDETC participant youths. This continuing program will be funded with fees charged to participants. 13 $26,913.ClCl for the Workplace Education Program to provide instructional programs developed with area business establishments for employees at the work sites. Programs include the development of knowledge and skills in areas including preparation for the GED examination, reading comprehension, telephone usage, other work skills and English as a Second Language. This continuing program will be funded through the assessment of fees. $35,222.ClCl for the Regional Adult Basic Education Program to provide funds for the administration of adult literacy programs in Botetourt County and Craig County. Roanoke City serves as the regional coordinating agency for Adult Basic Education. Funds will pass through the school district to the jurisdictions indicated above for adult literacy programs. This new program will be one hundred percent reimbursed by federal funds. $41,174.ClCl for the Jobs for Virginia Graduates Program to follow the curriculum of the Jobs for America's Graduates Program. The program will serve at least 25 economically disadvantaged students, provide classroom training and work experience to assist the students to prepare for high school graduation or to sit for the General Education Development (GED) examination. Assistance will be provided to the students to find employment in a job which will allow for transition from school to work. This continuing program will be reimbursed by federal funds in the amount of $2Cl,ClClCl.ClCl and a local match of $22,17 4.ClCl. $68,436.ClCl for the Homeless Assistance Program to provide instructional services to homeless students. This continuing program will be reimbursed by federal funds in the amount of $37,ClClCl.ClCl and a local match of $31 ,436.ClCl. $1 ,3Cl1 ,992.ClCl for the Alternative Education Program to provide alternative curriculum and training for high risk students at the Taylor Learning Academy, with a focus on improving the total self-concept of the student. This continuing program will be reimbursed by state funds in the amount of $71, 114.ClCl and a local match of $1,23Cl,878.ClCl. 14 ,. ACTION: $262,755.ClCl for the Drug Free Schools Program to provide funding for two student assistance counselors at the secondary level to work with substance abuse issues. This continuing program will be one hundred percent reimbursed by federal funds. $146,36Cl.ClCl for the Roanoke Adolescent Health Partnership to provide for medical services to the Roanoke City Schools in conjunction with the City of Roanoke Health Department and Carilion Health Systems. This continuing program will be reimbursed by donations from Carilion Health Services. $77,Cl69.ClCl for the Grants Management Program to provide funding for the personnel and operation expenses of the Director of Grants. This continuing program will be one hundred percent reimbursed by federal funds. $256,296.ClCl for the Project YES (Youth Experiencing Success) Program to identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. This continuing program will be one hundred percent reimbursed by state 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: (#34334-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1998-99 School and School Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 3.) Mr. Trout moved the adoption of Ordinance No. 34334-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: 15 ACTION: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rm a n Pro T em Wh ite-------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following emergency budget ordinance: (#3433S-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1999-2ClClCl School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page S.) Mr. Trout moved the adoption of Ordinance No. 3433S-Cl62199. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rma n Pro T em Wh ite-------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). SCHOOLS: A communication from the Roanoke City School Board requesting approval of State Literary fund loan applications for the following schools and amounts, was before Council. Garden City Elementary School - $2,7SCl,ClClCl.ClCl - improvements will include central air conditioning, window replacement, the addition of nine classrooms to replace nine modular classrooms, and expansion of the library-media center. An elevator will be installed to serve both the old building and the new classroom section. Grandin Court Elementary School - $1,9ClCl,ClClCl.ClCl - improvements will include central air conditioning, window replacement, the addition of six classrooms to replace three modular classrooms and to add three new classrooms, and expansion of the library-media center. 16 ACTION: ACTION: Preston Park Primary School - $1,9ClCl,ClClCl.ClCl improvements will include central air conditioning, window replacement, the addition of six classrooms to replace six modular classrooms, and expansion of the library-media center. Debt service for these projects will commence in fiscal year 2ClCl1- Cl2 and will be paid by the School Board. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34336-Cl62199) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Garden City Elementary School. (For full text of Resolution, see Resolution Book No. 62, page 19.) Mr. Trout moved the adoption of Resolution No. 34336-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout and Chairman Pro Tem White----------------------------------------------------------------------------4. NA Y S: Non e-----------------------------------------------------------------------Cl. (Council Member Wyatt was out of the Council Chamber and Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#34337 -Cl62199) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Garden City Elementary and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 62, page 2Cl.) Mr. Trout moved the adoption of Resolution No. 34337 -Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: 17 ~ ACTION: ACTION: AYES: Council Members Hudson, Swain, Trout and Chairman Pro Tem White----------------------------------------------------------------------------4. NAYS: None-----------------------------------------------------------------------Cl. (Council Member Wyatt was out of the Council Chamber and Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#34338-Cl62199) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Grandin Court Elementary School. (For full text of Resolution, see Resolution Book No. 62, page 21.) Mr. Trout moved the adoption of Resolution No. 34338-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout and Chairman Pro Tem White----------------------------------------------------------------------------4. NAYS: None-----------------------------------------------------------------------Cl. (Council Member Wyatt was out of the Council Chamber and Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#34339-Cl62199) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Grandin Court Elementary and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 62, page 22.) Mr. Trout moved the adoption of Resolution No. 34339-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: 18 , ACTION: ACTION: AYES: Council Members Wyatt, Hudson, Swain, Trout and Cha i rman Pro T em Wh ite-------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#3434Cl-Cl62199) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Preston Park Primary School. (For full text of Resolution, see Resolution Book No. 62, page 23.) Mr. Trout moved the adoption of Resolution No. 3434Cl-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rm a n Pro T em Wh ite-------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#34341-Cl62199) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Preston Park Primary School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 62, page 24.) Mr. Trout moved the adoption of Resolution No. 34341-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: 19 , AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rm a n Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: CITY GOVERNMENT: The Acting City Manager presented a briefing with regard to Year 2ClClCl (Y2K) and the status of Roanoke City Government's efforts to address any problems that may result. He stated that the report is for informational purposes only, and no action is required by City Council. It was advised that Y2K is an abbreviation for the Year 2ClClCl; the roots of the Y2K problem go back several decades to the infancy of computer technology; when computer software applications were first being developed, computers were huge, room-sized affairs with very little memory in which to execute computer programs and store data, and consequently, computer programmers had to develop software that was quick, efficient and used very little data storage space; one of the techniques used by computer programmers to conserve data storage space was the use of only the last two digits of the calendar year; computer software programs processed each two-digit date by assuming it occurred in the twentieth century (19xx), not allowing for the possibility that the two digit date "ClCl" might actually be the year "2ClClCl"; and the use ofthe two-digit year continued as standard practice because the cost of computer memory remained high until recent years. It was further advised that many types of equipment and systems common to local government operations that have not been purchased recently can be affected by the Y2K "bug", and consequently, at midnight on January 1, 2ClClCl, computer systems or operational equipment with embedded chips could assume it is January 1, 19C1Cl, or fail altogether if Y2K problems have not been corrected; Roanoke City Government has been aware of its Y2K computer problem for a number of years, and began a concerted effort in 1995 to begin implementing fixes to central service computer systems; a project team was formed to assess the Y2K impact on city 2Cl computer systems and to develop plans to fix the problems and the team produced a report of its findings and recommendations in September 1996; all major systems purchased or developed in the past few years are Year 2ClClCl compliant, a number of older systems are being scheduled for replacement, and remaining systems developed by City staff are being reprogrammed by City staff; and from a combination of these approaches, City computer systems are expected to be Year 2ClClCl compliant well before December 1999, and testing for such compliance will begin in July 1999. The Acting City Manager stated that concurrent with the efforts of computer system staff, a consultant was hired during 1998 to assist City departments in reviewing operational equipment and systems to determine the existence of Y2K problems; in December 1998, the City Manager appointed a Year 2ClClCl Oversight Committee with representation from all major business units, information technology, legal, and senior management; the role of the committee to date has been active involvement in monitoring and assisting where needed in all phases of the City's Y2K effort; in January 1999, the first of several "state of Y2K readiness" surveys was conducted with City departments, and 94% of departments responded that they were "confident" or "very confident" that their departmental services would continue as usual on January 1, 2ClClCl; and due diligence continues to be exercised by City departments to mitigate known Y2K problems, which work will continue throughout 1999 to minimize the possibility that any serious service delivery problems will occur on January 1, 2ClClCl . It was advised that City government is doing everything possible to insure that critical services, including public utilities (water and sewer) and public safety services (fire-emergency medical services and police), will continue to be provided to citizens as usual on January 1, 2ClClCl; based on the possible scenario that a short-term electric power outage might occur, City departments are preparing contingency plans, which are being coordinated by the Manager of Emergency Services, to operate critical services until power can be restored; the City's Manager of Emergency Services is actively coordinating with other critical providers of community services, such as drug stores, hospitals, supermarkets, banks and other public utilities, to determine their Y2K readiness and encourage their Y2K remediation efforts; the next major task to be undertaken by the Year 2ClClCl Oversight Committee is a community information campaign to inform the community of the City's state of readiness regarding Y2K, and advise citizens how to 21 .. prepare should some unforeseen problem arise; this campaign will take place during the summer months and use various media, including mass mailings, distribution of information at public buildings, CityPage and CityWeb; as the year progresses, additional contingency planning will take place, especially within public safety departments; and standby staffing plans are being considered in order to insure the availability of adequate numbers of employees to address emergency situations that might occur. (For full text, see report on file in the City Clerk's Office.) The Chairman Pro Tem advised, without objection by Council, that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BLUE RIDGE COMMUNITY SERVICES: The City Manager submitted a written report advising that the By-Laws of Blue Ridge Community Services of Roanoke Valley have been revised by the Board of Directors for that agency at their meeting on December 3, 1998. It was advised that the change in By-Laws is subject to approval of the participating governing bodies, as required by regulations promulgated under Title 37.1, Chapter 1Cl of the Code of Virginia; Blue Ridge Community Services of Roanoke Valley Board is requesting the City Council to ratify the following changes to their By-Laws: Article II, Section I - add "to serve as an operating Community Service Board providing." Article II, Section III - add "emergency services." Article III, Membership -delete "approved" and add "jointly appointed" and "one third of the appointments to the Board shall be identified consumers orfamily members of consumers, at least one of whom shall be a consumer receiving services. The Board shall inform the member governments of the number of Board members in each of the above categories prior to each appointment cycle." Article III - Membership, Paragraph 2, change "two" to "three" regarding terms of services. 22 ACTION: Article IV - Powers and Duties, Section 4, delete "programs of' and replace with "performance contract." Article IV - Powers and Duties, Section 9, delete "deposited in a special account designated by the political subdivision serving as fiscal agent as specified by agreement of' and add "included in the performance contract submitted to." Article IV, Section 13, add "by an independent auditor approved by the City of Salem, serving as fiscal agency by agreement of the participating governments." Article XV - delete "two weeks" and replace with "five days." The City Manager recommended that Council ratify the changes recommended by the Board of Directors of Blue Ridge Community Services of Roanoke Valley as required by regulations promulgated under Title 37.1, Chapter 1Cl, of the Code of Virginia. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34342-Cl62199) A RESOLUTION ratifying amendments to the By- Laws to Blue Ridge Community Services to reflect the current standards set by the State Department of Mental Health, Mental Retardation and Substance Abuse Services. (For full text of Resolution, see Resolution Book No. 62, page 25.) Mr. Trout moved the adoption of Resolution No. 34342-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout and Chairman Pro Tem White----------------------------------------------___---------------------------4. NAYS: Council Member Wyatt----------------------------------------------1. (Mayor Bowers and Vice-Mayor Harris were absent). 23 BUDGET-FIRE DEPARTMENT: The City Manager submitted a written report advising that in April 1998, members of the Fire/EMS Department recommended that a Firefighter Memorial be considered; and a Firefighter Memorial Committee was established to proceed with the development of an appropriate memorial to the members of the Fire/EMS Department, who in the line of duty, have made the ultimate sacrifice. It was advised that the Firefighter Memorial Committee called upon three well known and talented sculptors and requested that each provide a proposal of the concept for the memorial; the Firefighter Memorial will be a one and one quarter Life size bronze monument; the review resulted in the selection of Ms. Betty Branch, a local artist with an extensive portfolio of similar high quality projects, to provide the sculpture to accomplish this task; site location for the memorial will be at the Transportation Museum at the end of the planned Railside Linear Park; and this project has been evaluated by Supply Management and has been determined to be a sole source acquisition as defined in Section 23.1-6(a) of the Code of the City of Roanoke, Virginia. The City Manager recommended that Council authorize the acquisition of a Firefighter Memorial Sculpture as follows: Authorize an agreement, approved as to form by the City Attorney, with Ms. Betty Branch in the amount of $6Cl,ClClCl.ClCl for the development and installation of the sculpture. Authorize $23,5ClCl.ClCl for concrete and electrical work to be done just prior to the sculpture's installation. Appropriate $83,5ClCl.ClCl from the General Fund Contingency Account No. ClCl1-ClCl2-941 Cl-2199 to a Capital Account designated by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Ms. Betty Branch presented a model of the Firefighter Memorial, which depicts a firefighter in mourning. She explained that the sculpture is a simple image of a firefighter, with garments and a hat that make it a timeless piece of art. 24 " ACTION: ACTION: Mr. Swain offered the following emergency budget ordinance: (#34343-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 26.) Mr. Swain moved the adoption of Ordinance No. 34343-Cl62199. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C ha i rman Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----~-----------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#34344-Cl62199) A RESOLUTION authorizing the execution of a contract with Betty Branch, for the development and installation of the firefighter memorial sculpture. (For full text of Resolution, see Resolution Book No. 62, page 27.) Mr. Trout moved the adoption of Resolution No. 34344-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C ha i rma n Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). BUDGET-ENTERPRISE ZONE: The City Manager submitted a written report advising that the City of Roanoke, First Union and the Fifth District Employmentand Training Consortium (FDETC) agreed that 25 .. ACTION: if First Union would maintain 42Cl jobs in Enterprise Zone One, training funds would be available; and the agreement stated that First Union would have to pay a penalty of $4ClCl.ClCl per job for reducing the number of jobs within Enterprise Zone One below 42Cl. It was advised that a Compliance review noted that only 4ClS First Union employees are now in Enterprise Zone One; and the City of Roanoke has received a check from First Union in the amount of $6,ClClCl.ClCl. The City Manager recommended that Council appropriate the funds returned by First Union in the amount of$6,ClClCl.ClCl to Account No. ClCl8-ClS2-9629-9ClCl4 (RCIT/Addition Property). (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#3434S-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 28.) Mr. Trout moved the adoption of Ordinance No. 3434S-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C ha i rm a n Pro T em Wh ite-------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). BUDGET-YOUTH: The Acting City Manager submitted a written report advising that the Comprehensive Services Act (CSA) for At-Risk Youth and Families established, effective July 1, 1993, is a pool of state funds to be expended for public or private nonresidential or residential services for the targeted population of at-risk youth and their families; in order for local governments to qualify for CSA funding for fiscal year 1998-99, localities must demonstrate they have incorporated utilization management/utilization review for placements utilizing CSA funding; on 26 October 22, 1998, the City of Roanoke entered into a contract with Managed Health Services of Virginia to provide: utilization management; utilization management training for agency staff; integrated service and partnership development; and development of an information management system; and the CSA State Funds Pool base allocation for Roanoke City for client specific expenditures for July 1, 1998 - June 3Cl, 1999 is: State Funds: $3,790,442.00 Required Local Cash Match: $1.680.977.00 or Fiscal year 1998-99 Base Allocation: $5,471,419.00 69.28% 30.72% 100.00% It was advised that in anticipation of receiving a Supplemental Allocation of $2,43Cl,34Cl.ClCl for fiscal year 1998-99 client specific net expenditures, the current fiscal year 1998-99 City CSA budget is: State Funds: $5,639,030.00 Required Local Cash Match: $2.262.728.00 Fiscal year 1998-99 City CSA Budget: $7,901,758.00 The cost of mandated client specific services for the targeted at-risk youth and their families is projected to total $9,286,256.ClCl; projected expenditures exceed the City CSA budget by $1 ,384,498.ClCl; the City is required to provide a local cash match of $59Cl,Cl1 Cl.ClCl with the State providing $794,488.ClCl; non-client specific, one time only costs associated with utilization management/review total $48,858.ClCl and are funded 1 ClCl% with local funds; total additional funds needed for CSA fiscal year 1998-99 are $1,433,356.ClCl, with a local share cost of $638,868.ClCl; and the State share of funding to be requested in a supplemental allocation is $794,488.ClCl. The Acting City Manager recommended that Council authorize the Director of Finance to increase the revenue estimate for CSA in the amount of $794,488.ClCl; transfer funds in the amount of $214,529.ClCl from Jail Recovered Cost, $339,339.ClCl from School share for educationally mandated placements, and appropriate $85,ClClCl.ClCl from the fiscal year 1998-99 Capital Maintenance and Equipment Replacement Program already approved, but not appropriated; and appropriate funding to the following accounts: 001-054-5410-3180 Foster Care - Covered by IV-E $ 491,000.00 001-054-5410-3181 Foster Care - All Others Therapeutic and Residential 273,000.00 001-054-5410-3184 Foster Care Prevention - Residential 25,000.00 001-054-5410-3185 Special Education - Residential 10,000.00 27 ACTION: 001-054-5410-3186 Foster Care Prevention - Non Residential 001-054-5410-3187 Special Education - Private Day Facilities 001-054-5410-3191 Foster Care Not in #3183 001-054-5410-2010 Fees for Professional Services 001-054-5410-2030 Administrative Supplies 001-054-5410-2035 Expendable Equipment ($1,000.00) 001-054-5410-2044 Training and Development 001-054-5410-2160 Postage 001-054-5410-3075 Other Rental $ 76,000.00 50,000.00 459,498.00 32,477.00 1,854.00 5,040.00 2,948.00 25.00 6.514.00 $1,433,356.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34346-Cl62199) AN ORDINANCE to amend and reordain certain sections ofthe 1998-99 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 29.) Mr. Trout moved the adoption of Ordinance No. 34346-Cl62199. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rma n Pro T em Wh ite-------------------------------------------------------------s. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). WATER RESOURCES: The Acting City Manager submitted a written report advising that on September 18, 1997, the City entered into a contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant to 62,ClClCl,ClClCl gallons treatment capacity per day; the contract amount is $16,69Cl,ClClCl.ClCl with a specified time of73Cl consecutive calendar days; six change orders have been issued to date; and additional items have been identified as part of the required work on this project and need to be approved for payment. 28 . ACTION: It was advised that the total amount of Change Order No. 7 is $71,Cl28.ClCl; Malcolm Pirnie, Inc., and Mattern and Craig, Inc., have reviewed these changes and have recommended them to the City for payment. The Acting City Manager recommended that he be authorized to issue Change Order No. 7 to the contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant Project in the amount of $71 ,Cl28.ClCl and no change in the contract time of completion; the total contract amount would then be $17 ,Cl83,S4Cl.ClCl with the completion date remaining November 12, 1999; and the proportional share to each jurisdiction would be as follows: City of Roanoke County of Roanoke City of Salem Botetourt County Town of Vinton 37.3% 29.2% 20.9% 7.0% 5.6% $26,493.44 20,740.18 14,844.85 4,971.96 3.977 .57 $71,028.00 Total of Change Order No.7 100.0% (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#34347-Cl62199) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 7 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 31.) Mr. Trout moved the adoption of Ordinance No. 34347-Cl62199. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C ha i rm a n Pro T em Wh ite-------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). 29 . BUDGET GRANTS: The Acting City Manager submitted a written report advising that Council authorized filing a CDBG application through the submission of the Annual Update to the Consolidated Plan to the Department of Housing and Urban Development (HUD) for fiscal year 1999-2ClClCl on May 11, 1999, by Resolution No. 34281-Cl51199; HUD approval of the City's fiscal year 1999-2ClClCl CDBG application is forthcoming; and the letter of approval is pending the routine release process. It was explained that grant approval is for $2,1 Cl8,ClClCl.ClCl, the amount of the entitlement provided to the City by HUD for fiscal year 1999-2ClClCl; appropriation request includes $647, 728.ClCl in expected CDBG 1999-2ClClCl program income received from parking receipts, Hotel Roanoke 1 Cl8 loan repayment, Housing Authority rehabilitation loan repayments, miscellaneous loan repayments and repayments from the Home Ownership Assistance programs; and the total appropriation request is $2,755,728.ClCl, as follows: CDBG Entitlement $2,1 Cl8,ClClCl.ClCl Estimated 1999-2ClClCl Program Income 647.728.ClCl Total Appropriation $2,755,728.ClCl Additionally, $585,ClClCl.ClCl needs to be transferred from program accounts in the prior year of CDBG entitlement that have not been expended. The Acting City Manager recommended that Council adopt a resolution accepting the fiscal year 1999-2ClClCl CDBG funds, when the letter of approval is received from HUD, and authorize the Acting City Manager to execute the requisite Grant Agreement, Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds, said Agreement and forms to be approved as to form by the City Attorney; appropriate $2,755, 728.ClCl to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2,1 Cl8,ClClCl.ClCl in CDBG entitlement and $647, 728.ClCl in projected 1999-2ClClCl program income) as detailed; and transfer $585,ClClCl.ClCl between program accounts in the prior years of CDBG entitlements as detailed. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 3Cl ( : ACTION: ACTION: (#34348-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 32.) Mr. Trout moved the adoption of Ordinance No. 34348-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C ha i rman Pro T em Wh ite-------------------------------------------------------------s. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#34349-Cl62199) A RESOLUTION accepting the Fiscal Year 1999- 2ClClCl funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 62, page 39.) Mr. Trout moved the adoption of Resolution No. 34349-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rm a n Pro T em Wh ite-------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). BUDGET-YOUTH: The Acting City Manager submitted a written report advising that each year, the City submits a Consolidated Plan Annual Update (Annual Update) to the U. S. Department of Housing and Urban Development (HUD) in order to receive Community Development Block Grant (CDBG) entitlement; the Annual Update describes the 31 r individual programs and projects to be conducted with the funds awarded to the City; Council authorized approval of the fiscal year 1998-99 Annual Update to the Consolidated Plan by Resolution No. 33873-Cl51198 and appropriated funds by Ordinance No. 33874-Cl61598; the Southeast Community Center project was approved to receive $12Cl,ClClCl.ClCl, during fiscal year 1998-99, to allow for a collaborative community effort to provide a community center in the southeast portion ofthe City of Roanoke; the anticipated lead agencies were to be the Presbyterian Community Center and the Boys and Girls Club; discussion between the Presbyterian Community Center and the Boys and Girls Club and Roanoke City staff has been ongoing to determine the best use of CDBG funds; and no contract has been entered into, to date, for the use of the $12Cl,ClClCl.ClCl in CDBG funds originally allocated to the Southeast Community Center. It was advised that the Office of Grants Compliance staff has recommended and received the approval of City administration to follow through with the recommendation of dividing the $12Cl,ClClCl.ClCl between the Presbyterian Community Center and the Boys and Girls Club of Roanoke Valley, Inc., to allow two community centers; Boys and Girls Club of Roanoke Valley, Inc., is ready to enter into an Agreement for the use of $6Cl,ClClCl.ClCl; it is anticipated that this money will leverage approximately $38Cl,ClClCl.ClCl in private funds; this project includes the renovations to the property located at 1714 Ninth Street, S. E., which will be used as a youth center for the Boys and Girls Club of Roanoke Valley, Inc.; Presbyterian Community Center is currently working on final details with the property owner regarding leasing additional space for the Presbyterian Community Center; a separate report will be made to Council for the remaining $6Cl,ClClCl.ClCl to be used by the Presbyterian Community Center; and an amendment is needed to the Annual Update as a result of dividing $12Cl,ClClCl.ClCl of CDBG funds currently allocated for one community center to be equally given to the Boys and Girls Club of Roanoke Valley, Inc., and the Presbyterian Community Center. The Acting City Manager recommended that he be authorized to amend the 1998-99 Annual Update to allocate $6Cl,ClClCl.ClCl in CDBG funds to the Boys and Girls Club of Roanoke Valley, Inc., for renovations of the property located at 1714 Ninth Street, S. E., including submission of appropriate documents to HUD following the public review and comments period, provided no compelling adverse public comments are received; that he or the Acting Assistant City Manager be authorized to execute, and the City Clerk to attest, a CDBG Agreement with Boys and Girls Club of Roanoke Valley, Inc. and amendments thereto, if 32 to ACTION: necessary, approved by the Acting City Attorney; any such amendments shall be within the limits of the funds appropriated by Council and the purposes set forth in the Agreement for the project; and authorize the Department of Finance to transfer $6Cl,ClClCl.ClCl from Account No. Cl3S-Cl99-9937-S149 to a new account to be established titled "Boys and Girls Club of Roanoke Valley." (For full text, see report on file in the City Clerk's Office.) Mayor Bowers submitted a communication advising of his support for the proposed $6Cl,ClClCl.ClCl appropriation recommended by the administration from CDBG funds for capital improvements at the Boys and Girls Club on 9th Street, S. E., on the bluff overlooking the Roanoke River; this initiative appears to have excellent support from its national organization, local management expertise, representatives from the business community and civic club support; there is always a great need to continue to provide mentoring, after-school and recreational programs for the youth of Roanoke; and Council's support of this CDBG appropriation will demonstrate sincere appreciation for this initiative and a warm welcome by Roanoke to the Boys and Girls Club. (For full text, see communication on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#343SCl-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 39.) Mr. Hudson moved the adoption of Ordinance No. 343SCl-Cl62199. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rm a n Pro T em Wh ite-------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). 33 . ACTION: Mr. Hudson offered the following resolution: (#34351-Cl62199) A RESOLUTION authorizing the Acting City Manager or Acting Assistant City Manager to execute an administrative agreement, and any necessary amendments thereto, with the Boys and Girls Club of Roanoke Valley, Inc., for renovation of a building to be used as a youth center for the implementation of a Community Development Block Grant program. (For full text of Resolution, see Resolution Book No. 62, page 4Cl.) Mr. Hudson moved the adoption of Resolution No. 34351-Cl62199. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rma n Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). At 2:56 p.m., the Chairman Pro Tem declared the meeting in recess. At 3:Cl5 p.m., the meeting reconvened in the Council Chamber, with Chairman Pro Tem White presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers and Vice- Mayor Harris. BUDGET-GRANTS: The Acting City Manager submitted a written report advising that Council authorized filing an Emergency Shelter Grant (ESG) application through the submission of the Annual Update to the Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD) for fiscal year 1999-2ClClCl on May 11, 1999 by Resolution No. 34281-Cl51199; HUD approval of the City's fiscal year 1999-2ClClCl ESG application is forthcoming; and the letter of approval is pending the routine release process. It was advised that grant approval is for $75,ClClCl.ClCl, the amount entitled to the City from HUD for the fiscal year 1999-2ClClCl; total appropriation request is $75,ClClCl.ClCl; ESG funds for the City of Roanoke have been restored after a three year absence, due to a formula change 34 " ACTION: calculated by HUD; and these funds, allocated under the Stewart B. McKinney Homeless Assistance Act, must be used to provide assistance to the homeless or those at risk of becoming homeless. The Acting City Manager recommended that Council adopt a resolution accepting the fiscal year 1999-2ClClCl ESG funds when the letter of approval is received from HUD, and authorize the Acting City Manager to execute the requisite Grant Agreement, to be approved as to form by the City Attorney, Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; and appropriate $75,ClClCl.ClCl to revenue and expenditure accounts in the Grant fund 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: (#34352-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 41.) Mr. Trout moved the adoption of Ordinance No. 34352-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C hai rman Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#34353-Cl62199) A RESOLUTION accepting the Fiscal Year 1999- 2ClClCl funds for the Emergency Shelter Grant Program Entitlement, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 62, page 42.) 35 t ACTION: Mr. Trout moved the adoption of Resolution No. 34353-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and Cha i rman Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). BUDGET-GRANTS: The Acting City Manager submitted a written report advising that HOME is a housing assistance program of the U. S. Department of Housing and Urban Development (HUD); the City has received a HOME entitlement grant each year since fiscal year 1992 and must reapply annually to HUD to receive such funding; Council authorized filing the 1999-2ClClCl HOME application through submission of the Annual Update to the Consolidated Plan to HUD by Resolution No. 34281-Cl51199, adopted on May 11, 1999. It was advised that approval of the City's 1999-2ClClCl HOME entitlement of $676,ClClCl.ClCl is forthcoming from HUD; the letter of approval is undergoing the routine release process; a total of $676,ClClCl.ClCl needs to be appropriated from the 1999-2ClClCl HOME entitlement grant; a total of $2Cl,ClClCl.ClCl needs to be transferred from HOME accounts from prior years to projects included in the 1999-2ClClCl HOME Program; the new $676,ClClCl.ClCl HOME grant requires $71 ,825.ClCl in matching funds; matching funds will come from cash and in-kind contributions from non-federal sources; and no outlays of City funds will be needed to meet the match requirement. The Acting City Manager recommended that Council adopt a resolution accepting the 1999-2ClClCl HOME funds, contingent upon receipt of the approval letter from HUD, and authorizing the Acting City Manager to execute the required Grant Agreement (to be approved as to form by the City Attorney), Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; appropriating $676,ClClCl.ClCl to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance; and transferring $2Cl,ClClCl.ClCl in HOME accounts from prior years to projects included in the 1999-2ClClCl HOME program. (For full text, see report on file in the City Clerk's Office.) 36 ACTION: ACTION: Mr. Trout offered the following emergency budget ordinance: (#34354-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 43.) Mr. Trout moved the adoption of Ordinance No. 34354-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rma n Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Trout offered the following resolution: (#34355-Cl62199) A RESOLUTION accepting the Fiscal Year 1999- 2ClClCl funds for the HOME Investment Partnerships Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 62, page 45.) Mr. Trout moved the adoption of Resolution No. 34355-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C ha i rm a n Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). 37 ACTION: CITY ATTORNEY: VIRGINIA MUNICIPAL LEAGUE: The Acting City Attorney submitted a written report advising that at the June 7, 1999 Council meeting, Council concurred in the Acting City Manager's recommendation that the City officially express its desire to host an annual meeting of the Virginia Municipal League in one or more years between 2ClCl3 and 2ClCl7; the Acting City Manager also recommended that the Mayor and the City Manager, or their designees, be authorized to make an appropriate presentation on this subject at the 1999 Annual Meeting to the VML in Williamsburg, Virginia; and he has prepared a resolution to express Council's official invitation to the VML. Mr. Hudson offered the following resolution: (#34356-Cl62199) A RESOLUTION expressing the desire of this Council that the City of Roanoke be the site for Annual Meetings of the Virginia Municipal League in one or more of the years between 2ClCl3 and 2ClCl7. (For full text of Resolution, see Resolution Book No. 62, page 45.) Mr. Hudson moved the adoption of Resolution No. 34356-Cl62199. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C hai rman Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). DIRECTOR OF FINANCE: BUDGET-PUBLIC WORKS: The Director of Finance submitted a written report advising that Capital projects of all types have been approved by Council for construction over the past years; these projects have included construction in major categories for buildings, parks, streets, bridges, sanitary sewers, water projects, storm drains and technology related projects; funding is established for each project when Council approves the project based on the bids for the various project costs, as well as extra funding for possible contingencies; and 38 ( _.. .... completed projects have contingency funds remaining after final bills are paid, because projects are completed within the established budgets. It was advised that a number of projects have been completed and can be closed out; remaining funds need to be transferred from the completed projects to capital projects still under construction or to capital improvement reserve accounts for other future construction; the budget ordinance will transfer $9,685.ClCl in remaining funding in completed projects to the capital improvement reserve to be available for future appropriations; the ordinance will also transfer bond proceeds funding of $7ClCl,ClClCl.ClCl to the 1994 Buildings and Structures Bond account for future appropriations; and through the adoption of the Capital Improvement Program for fiscal years 1999-2ClCl3, Council has designated this funding to be used for the City Police building renovations. It was further advised that the ordinance will also transfer bond proceeds funding of $14, 171.ClCl to the 1996 Streets and Sidewalks Bond account for future appropriations; the ordinance will also transfer remaining funding of $423,781.ClCl to other related projects still under construction; the Tinker Creek Interceptor Sewer project has been completed and funds of $332,3Cl9.ClCl have been transferred to the Roanoke River Sewer Interceptor Construction project; both projects relate to the regional Sewage Treatment Plant expansion; and various City Information System projects have been closed and $91 ,472.ClCl has been transferred to the Wide Area Network project. The Director of Finance recommended that Council transfer funds from completed capital projects into appropriate accounts as included on the accompanying budget ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34357 -Cl62199) AN ORDINANCE to amend and reordain certain sections ofthe 1998-99 Sewage Treatment Fund, Capital Projects Fund and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 47.) 39 ^' ACTION: Mr. Trout moved the adoption of Ordinance No. 34357-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rma n Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). REPORTS OF COMMITTEES: BUDGET-ROANOKE CIVIC CENTER: 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 roof replacement and asbestos abatement for the Roanoke Civic Center, and recommended that Council approve the following actions: Authorize the Acting City Manager to enter into a contract with John T. Morgan Sheet Metal Company, Inc., of Roanoke, Virginia, for the Roanoke Civic Center Roof Replacement/Asbestos Abatement project, in the amount of $555,ClClCl.ClCl and 3ClCl consecutive calendar days in accordance with the contract documents as prepared by HDH Associates, P. C. Transfer the following from the 1997 General Obligation Bond Issue to Capital Account No. ClCl8-Cl52-9565-9ClCl1 : Contract Amount Project Contingency $555,ClClCl.ClCl 35.ClClCl.ClCl Total $59Cl,ClClCl.ClCl Funding for the RPR in the amount of $21,6ClCl.ClCl is in Account No. ClCl8-Cl52-9565-9ClCl1; and reject the other bids received. The 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.) 4Cl ^' I ACTION: ACTION: Mr. Swain offered the following emergency budget ordinance: (#34358-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 5Cl.) Mr. Swain moved the adoption of Ordinance No. 34358-Cl62199. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rm a n Pro T em Wh ite-------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Swain offered the following emergency ordinance: (#34359-Cl62199) AN ORDINANCE accepting the bid of John T. Morgan Sheet Metal Company, Incorporated, for the Roanoke Civic Center Roof Replacement/Asbestos Abatement Project, upon certain terms and conditions, and awarding a contracttherefor; 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 51.) Mr. Swain moved the adoption of Ordinance No. 34359-Cl62199. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rm a n Pro T em Wh i te------------------------------------________________---------5. NA YS: N on e-------------------------------------________________------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). 41 " ACTION: BUDGET-CULTURAL SERVICES COMMITTEE: Michael Brennan, Chairperson, Cultural Services Committee, presented a written report on behalf of the Committee, with regard to funding recommendations of the Cultural Services Committee for fiscal year 1999-2ClClCl. It was advised that the Cultural Services Committee was originally established by Council, pursuant to Ordinance No. 33382- Cl51297; funding requests were received from 18 agencies totaling $369,44Cl.ClCl for fiscal year 1999-2ClClCl; and agencies were notified of tentative allocation recommendations and advised they could appeal the committee's tentative recommendations. It was further advised that the budget for fiscal year 1999-2ClClCl, approved by Council for the Cultural Services Committee, provides funding available for allocation in the amount of $267,172.ClCl; and the attached schedule shows recommended funding for allocation to the various agencies. The Cultural Services Committee recommended that Council concur with the funding of agencies in the amounts recommended as indicated on the attached schedule by transfer offunding from Cultural Services Committee Account No. ClCl1-Cl54-5221-37ClCl to line items to be established by the Director of Finance; and that Council authorize the Director of Human Development to approve payment of funds to agencies after objectives, activities, and/or other reasonable requests of the monitoring staff and compliance with items reviewed by Municipal Auditing are submitted and accepted. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#3436Cl-Cl62199) AN ORDINANCE to amend and reordain certain sections of the 1999-2ClClCl General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 52.) Mr. Hudson moved the adoption of Ordinance No. 3436Cl-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: 42 ACTION: AYES: Council Members Wyatt, Hudson, Swain, Trout and C hai rman Pro T em Wh ite-------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). Mr. Hudson offered the following resolution: (#34361-Cl62199) A RESOLUTION concurring in the recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for Fiscal Year 1999-2ClClCl. (For full text of Resolution, see Resolution Book No. 62, page S4.) Mr. Hudson moved the adoption of Resolution No. 34361-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rma n Pro T em Wh ite -------------------------------------------------------------S. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). UNFINISHED BUSINESS: REFUSE COLLECTION-PUBLIC WORKS-FEE COMPENDIUM: The Acting City Manager having submitted a written report to Council on June 7, 1999, recommending repeal of Chapter 14, Garbage and Refuse, and enactment of Chapter 14.1, Solid Waste Management, of the Code ofthe City of Roanoke (1979), as amended, to update and regulate solid waste collection and amending the City's Fee Compendium to establish fees in connection with the City's Solid Waste Management Program, the matter was again before the body. It was advised that at its meeting on Monday, June 7, 1999, Council received a report on the above subject; there were two individuals who made comments concerning the proposed new ordinance and Council tabled the matter until its regular meeting on June 21, 1999; City administration is working to meet with those who appeared before Council and the organizations they represent, but such 43 ACTION: cannot be accomplished by June 21,1999; therefore, the administration will again bring this matter before Council as soon as they are able to attempt to accommodate all those who have concerns and suggestions for changes in the proposed ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council grant the Acting City Manager additional time to meet with those individuals and organizations who expressed concerns and suggestions for changes in the proposed ordinance to amend Chapter 14 of the City Code relating to the programs and policies of Solid Waste Management. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout and Chairman Pro Tem White----------------------------------------------------------------------------4. NAYS: Council Member Wyatt----------------------------------------------1. (Mayor Bowers and Vice-Mayor Harris were absent). INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: PUBLIC WORKS: Council Member Trout stated that William F. Clark, Director of Public Works, had announced his retirement effective June 3Cl, 1999, and expressed appreciation for Mr. Clark's dedicated service to the City. PENSIONS: Council Member Swain referred to the central file which has been established and maintained in the City Clerk's Office detailing information regarding the 2-for-1 pension benefit for certain City employees/officials. He advised that based upon comments received from individuals who accessed the file, 1 ClCl per cent of those who commented indicated that future cost of living increases should be frozen for those employees who retired under the 2-for-1 plan and currently earn $5Cl,ClClCl.ClCl or more per year. Accordingly, Mr. Swain requested that the central 2-for-1 file be closed and kept on file in the 44 ACTION: ACTION: ACTION: ACTION: .., City Clerk's Office for review; and as a part of fiscal year 2ClClCl-2ClCl1 budget study, that Council consider excluding from any future pay increase those employees who retired under the 2-for-1 plan currently earning $5Cl,ClClCl.ClCl or more per year. Without objection by Council, Chairman Pro Tem White advised the matter would be referred to 2ClClCl-2ClCl1 Budget Study. REFUSE COLLECTION: Council Member Swain expressed concern with regard to the continuing issue of junk cars in the City, and requested that information be reiterated in the CityPage about the City's telephone number for citizens to report the location of junk cars. Without objection by Council, Chairman Pro Tem White advised that the matter would be referred to the Acting City Manager. DECEASED PERSONS: Council Member Wyatt requested that the Acting City Attorney prepare the proper measure memorializing the late Henry Craighead, who was a community activist in the Roanoke Valley. Without objection by Council, Chairman Pro Tem White advised that the matter would be referred to the Acting City Attorney to prepare the proper measure. At 3:37 p.m., the Chairman Pro Tem declared the meeting in recess. At 3:58 p.m., the meeting reconvened in the Council Chamber, with Chairman Pro Tem White presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers and Vice- Mayor Harris. COUNCIL: With respect to the Executive Session 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 underthe Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: 45 ACTION: AYES: Council Members Wyatt, Hudson, Swain, Trout and C h a i rm a n Pro T em Wh ite-------------------------------------------------------------5. NAY S: N 0 ne-----------------------------------------------------------------------Cl. (Mayor Bowers and Vice-Mayor Harris were absent). OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-PLANNED PARENTHOOD: Mr. Kermit E. Plummer, 1652 Garstland Drive, N. W., and Mr. Merle Whitbeck, 18Cl6 Angus Road, N. W., expressed concern and opposition with regard to the intentions of Planned Parenthood of the Blue Ridge to relocate their facility to Peters Creek Road, N. W. Without objection by Council, the Chairman Pro Tem advised that the remarks of Messrs. Plummer and Whitbeck would be received and filed. At 4:Cl9 p.m., the Chairman Pro Tem declared the meeting in recess until 7:ClCl p.m. On Monday, June 21,1999, at 7:ClCl 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, Chairman Pro Tem White presiding. PRESENT: Council Members Linda F. Wyatt, Carroll E. Swain, James O. Trout and Chairman Pro Tem William White, Sr.---------------4. ABSENT: Vice-MayorC. Nelson Harris, Council MemberW. Alvin Hudson, Jr. and Mayor David A. Bowers-----------------------------------------3. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk. The reconvened meeting was opened with a prayer by Council Member William White, Sr., Chairman Pro Tem. 46 The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop #8, Raleigh Court United Methodist Church. PUBLIC HEARINGS: BONDS/BOND ISSUES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 21,1999, at 7:ClCl p.m., or as soon thereafter as the matter may be heard, with regard to the proposed adoption by Council of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City in the principal amount of $2.5 million, the proceeds of which are to be granted by the City to the Roanoke Redevelopment and Housing Authority for the purpose of assisting the Authority in paying a portion of the costs of a redevelopment project in the City, including the construction, reconstruction and rehabilitation of an existing building located in such redevelopment project area to be used for the proposed Roanoke Higher Education Center, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, June 6 and Sunday, June 13,1999. (See publisher's affidavit on file in the City Clerk's Office.) The Acting City Manager, Director of Finance and Acting City Attorney submitted a written report advising that in July 1997, Council indicated its intention to provide $2.5 million for the purpose of renovating and improving the building to be used as the Roanoke Higher Education Center; Council authorized the City Clerk to advertise for a public hearing to be held on June 21, 1999; the purpose of the hearing is to receive public comment on the issuance of bonds under the Public Finance Act ofthe Code of Virginia (Chapter 26, ii15.2-26ClCl- 15.2-2663); bond counsel employed by the City has advised that he is unable to conclude that the City has the authority to issue general obligation bonds for the purpose of granting or donating monies directly to the Authority; bond counsel has suggested other possible alternatives for providing the needed funding; the alternative deemed most feasible involves using the services of the Roanoke Redevelopment and Housing Authority (RRHA); and in this scenario, 47 , " the City would issue general obligation bonds for the purpose of donating money to the RRHA, including making loans or grants under i36-49.7 of the State Code for the purposes related to improvements on lands situated within the boundaries of a redevelopment project. It was further advised that representatives of RRHA have confirmed that the area in question is within a redevelopment project area; the executive director of RRHA also indicated his willingness to recommend that RRHA enter into an agreement with the City and the Authority whereby RRHA would receive the bond proceeds from the City and then donate or grant those proceeds to the Authority to use for the development ofthe Roanoke Higher Education Center Building; and in light of the foregoing, the notice of public hearing has been modified to conform to the requirement of involvement by RRHA. (For full text, see report on file in the City Clerk's Office.) Senator John S. Edwards, Chairman, Board of Trustees, Roanoke Higher Education Authority, presented an update on the status of the Roanoke Higher Education Center building. Mr. Trout offered the following resolution: (#34362-Cl62199) A RESOLUTION authorizing the issuance and sale of two million five hundred thousand dollars ($2,5ClCl,ClClCl.ClCl) principal amountofCity of Roanoke, Virginia, general obligation public improvement bonds for the purpose of providing funds to be granted to the Roanoke Redevelopment and Housing Authority for the purpose of assisting such authority in paying a portion of the costs of a redevelopment project in the City, including the construction, reconstruction and rehabilitation of an existing building located in such redevelopment project area to be used for the proposed Roanoke Higher Education Center; fixing the form, denomination and certain other details of such bonds; authorizing the preparation of a preliminary official statement and an official statement and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the reimbursement of expenditures made in advance of the issuance of such bonds; and otherwise providing with respect to the issuance, sale and delivery of such bonds. (For full text of Resolution, see Resolution Book No. 62, page 55.) 48 of ACTION: ACTION: Mr. Trout moved the adoption of Resolution No. 34362-Cl62199. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Swain, Trout and Chairman Pro Tem White-------------------------------------------------_________________________________4. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers, Vice-Mayor Harris and Council Member Hudson were absent). PURCHASE/SALE OF PROPERTY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 21, 1999, at 7:ClCl p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to convey City owned property identified as Official Tax No. 2111321, containing approximately Cl.Cl8 acre, located at the intersection of Loudon Avenue and Tenth Street, N. W., to the Northwest Neighborhood Environmental Organization, Inc., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, June 13, 1999. (See publisher's affidavit on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#34363) AN ORDINANCE authorizing the fee simple conveyance to Northwest Neighborhood Environmental Organization, Inc., of surplus City-owned property, identified by Official Tax Map No. 2111321, containing Cl.Cl8-acre, located at the intersection of Loudon Avenue and Tenth Street, N. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 67.) The motion was seconded by Mr. Swain and adopted by the following vote: 49 ACTION: ACTION: ACTION: AYES: Council Members Wyatt, Swain, Trout and Chairman Pro Tem White-------------------------------------------------________________________________-4. NAYS: None-----------------------------------------------------------------------Cl. (Mayor Bowers, Vice-Mayor Harris and Council Member Hudson were absent). OTHER HEARING OF CITIZENS: COMPLAINTS-PLANNED PARENTHOOD: Ms. Earlene Kinlaw, 727 Moran Avenue, Salem, Virginia, and Ms. Libby Hunter, 1917 Kay Street, N. W., expressed concern and opposition with regard to the intentions of Planned Parenthood of the Blue Ridge to relocate their facility to Peters Creek Road, N. W. Mr. David Nova, CEO, Planned Parenthood of the Blue Ridge, advised that Planned Parenthood has filed all required plans and has met all City regulations relating to construction of the organization's new facility on Peters Creek Road, N. W. Without objection by Council, the Chairman Pro Tem advised that the remarks of Ms. Kinlaw, Ms. Hunter and Mr. Nova would be received and filed. It was the consensus of Council that the Acting City Manager and the Acting City Attorney be requested to review all City Code regulations and requirements, specifically those relating to land use and zoning issues, to ensure that all legal requirements have been met by Planned Parenthood of the Blue Ridge. Mr. Swain also requested information as to whether the City had a responsibility to notify the residents in the area about Planned Parenthood's intentions to relocate to their neighborhood. PARKS AND RECREATION-STREET NAMES: Mr. Alvin Rhodes, Sr., 917 Staunton Avenue, N. W., referred to the issue of renaming Orange Avenue, N. W., in honor of the late Dr. Martin Luther King, Jr., and suggested that Council consider renaming Washington Park in honor of the late Dr. King. Without objection by Council, the Chairman Pro Tem advised that the remarks of Mr. Rhodes would be received and filed. 5Cl DECEASED PERSONS: Mrs. Vernice Law, 15Cl9 Lafayette Boulevard, N. W., expressed appreciation to Council for adopting a Resolution at its meeting on June 7,1999, memorializing her husband, the late Dr. Maynard H. Law. ACTION: Without objection by Council, the Chairman Pro Tem advised that the remarks of Mrs. Law would be received and filed. There being no further business, the Chairman Pro Tem declared the meeting adjourned at 7:3Cl p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk William White, Sr. Chairman Pro Tem 51 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 DAVID A. BOWERS Mayor September 7, 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, ~~Q~ David A. Bowers Mayor DAB:se CITY OF ROANOKE RECEIVE.D. OFFICE OF CITY ATTORNWY CLERKS OFF ICE 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW W AUG 20 All :43 ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY A TIORNEY TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cilyauy@cLroanoke.va.us WILLIAM X PARSONS STEVEN J. TALEVI GARY E. TEGENKAMP ASSISTANT CITY ATIORNEYS September 7, 1999 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 probable litigation, pursuant to ~2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, LJ~ k. I~ William M. Hackworth City Attorney WMH:f cc: James D. Ritchie, Acting City Manager CITY OF ROANOKE RECEIVED OFFICE OF CITY ATTORNW CLERKS OFFICE 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, Sw-gp ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATIORNEY TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityally@ci.roanoke.va.us SEP-l P5:10 WILLIAM X PARSONS STEVEN J. TALEVI GARY E. TEGENKAMP ASSISTANT CITY ATIORNEYS September 7, 1999 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 probable litigation, pursuant to ~2.1-344.A. 7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, tJ~. M.~ WMH:f cc: James D. Ritchie, Acting City Manager William M. Hackworth City Attorney CITY OF ROANOKE RECEIVED OFFICE OF CITY ATTORNEVf CLERKS OFFICE 464 MUNICIPAL BUILDING 215 CHURCH AVENUE. SW'g9 SEP -1 P5:1 0 ROANOKE. VIRGINIA 24011-1595 WILLIAM X PARSONS STEVEN J. TALEVI GARY E. TEGENKAMP TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cilyany@ci.roanoke.va.us ASSISTANT CITY ATIORNEYS WILLIAM M. HACKWORTH CITY ATIORNEY September 7, 1999 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 specific legal matter requiring the provision of legal advice by such counsel, pursuant to ~2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, u~ 1\1. ~ William M. Hackworth City Attorney WMH:f cc: James D. Ritchie, Acting City Manager CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 15, 1999 File #60-217 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of a communication from Mayor David A. Bowers regarding a contribution from the City of Roanoke to the Capital Improvement Program for Camp Virginia Jaycee, which communication was before the Council ofthe City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. On motion, duly seconded and unanimously adopted, the matter was referred to fiscal year 2000- 2001 Budget Study and to the Capital Improvement Program for review and consideration. S~y~ 1. ~ Mary F. Parker, CMC/AAE City Clerk MFP:js Attachment pc: William B. Robertson, Founder, Camp Virginia Jaycee, Incorporated, 2494 Camp Jaycee Road, Blue Ridge, Virginia 24064 James D. Grisso, Director of Finance Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:lMyFileslsepI1.wpd 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 DAVID A. BOWERS Mayor September 1, 1999 The Honorable Vice Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I had the pleasure of hearing Bill Robertson speak at the Kiwanis Club of Roanoke on August 25, 1999, regarding the capital improvement program for Camp Virginia Jaycee. As you may know, Camp Virginia Jaycee has been around for almost thirty years as a much needed camp with the special mission of providing recreation for the mentally retarded in our Commonwealth. Millions of dollars are needed for improvements at the Camp. I just wanted to let you know how very important I think it is for the City of Roanoke to participate, in some way or another, in this five year capital improvement program by making a contribution from our citizens to this fine effort. Accordingly, I would respectfully request that this letter be placed on the Consent Agenda at the next meeting of Roanoke City Council and thereafter referred to Budget Study and the Capital Improvement Program for further review and consideration by the administration and Members of Council. Thank you for your cooperation. Sincerely, ~g~ Mayor DAB: jms Enclosure pc: William B. Incorporated, 24064 Robertson, Founder, Camp Virginia 2494 Camp Jaycee Road, Blue Ridge, Jaycee, Virginia RECEIVED CITY CLERKS OFFICE September 7, 1999 '99 SEP -2 P4 :05 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Repaving of Jefferson Street from Elm Avenue to Norfolk Avenue This letter is intended to update you on our efforts to repave Jefferson Street in the downtown area. The annual paving contract, which City 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 our intent to do so during the month of September. Over the past few weeks a telecommunications company, now known as Adelphia, had plans to install conduit in Jefferson Street to accommodate fiber optic cable, and we were delaying repaving until this was complete. However, Adelphia has now decided not to place conduit in Jefferson Street thereby allowing paving work to proceed. Also 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. Paving on 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. If any member of Council should have questions concerning these matters, please do not hesitate to call me. pr ~Sincer~ ~ J e D. Ritchie Ac City Manager cc: James D. Ritchie, Acting City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations George C. Snead, Director of Public Safety Robert K. Bengtson, Acting Director of Public Works Jamie P. Ferguson, General Manager, Adelphia Business Solutions, 111 Franklin Road, Roanoke, VA 24011 Terry McMahan, American Electric Power Company, P.O. Box 2021, Roanoke, VA 24022 RECEIVED CITY CLERKS OFFICE W AUf; 30 P3:0B September 7, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, VA Dear Mayor Bowers and Members of City Council: SUBJECT: Weed Abatement Program Concerns During the June 7, 1999, Council meeting, we were requested to provide members of Council with information on the weed abatement program related to improving customer service. Recently several customer service improvements have been made to the weed abatement program. An effort to enhance customer service regarding the weed program began with a June 1, 1999, meeting involving weed program staff and staff from the Office of Management and Budget and Citizen Service Center. Action items were identified and assigned at this meeting. A follow up meeting was held on June 8, 1999, for the purpose of compiling the information and implementing improvements. At that meeting, it was decided that the following actions be taken: ~ Provide an additional $25,000 in funding for the weed abatement contractor funding to allow an additional 125 parcels to be mowed. ~ Provide an additional $2,000 in overtime funding to be used by the city weed abatement crew to add working days and manpower as a supplement to their current crew formation and work schedule. ~ Employ a data entry clerk/typist to assist in the answering of the telephone, and in the regular maintenance of customer service requests through the Respond! software system. This will ensure that a timely and accurate record of each request is tracked and completed. 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. The Honorable David A. Bowers, Mayor and members of City Council Page 2 August 16, 1999 These actions have been implemented and have shown immediate improvements. First, we have successfully completed all lots that are eligible to be cut each week since the implementation of the above improvements. Secondly, the average response time to weed complaints has already dropped significantly from an average of 38 days to 22.4 days during the month of July. Our performance goal for this program is to have lots cut within 21 days of a citizen's call on ninety percent (90%) of all complaints. We will continue to make improvements to the weed abatement program as we work toward this goal of customer service response. Ongoing action as part of this effort include finding ways to merge Respond!, CARAT, and the Weed System software information to avoid duplication of requests and to streamline office functions. We will work with the city attorney to find efficiencies through weed ordinance amendments. We have also benchmarked with other localities to identify weed abatement practices that can be used by Roanoke. We are committed to providing strict enforcement of the weed abatement ordinance, an ordinance enacted to protect the quality of life of Roanoke's citizens. We have improved, and we will continue to improve, the process of bringing private parcels into compliance with the standards of Roanoke's weed abatement ordinance. This letter is provided for your information and no action by Council is required. Respectfully, ~~ (2-H ~a~ ~. Ritchie Acting City Manager ~ cc: Mary F. Parker, City Clerk Diane S. Akers, Acting Assistant City Manager William Hackworth, City Attorney George Snead, Director of Public Safety John Coates, Manager of Parks and Recreation Barry Key, Manager, Management and Budget Dan Henry, Urban Forester Barry Stacy, Weed Control Coordinator CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 13, 1999 File #60-184-429 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: Your report with regard to the employer matching contribution to ICMA-RC for City employees, was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. 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 ofthe City who makes a contribution of an equal amount on their 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. . It was the consensus of Council that the report would be received and filed, the Director of Finance was requested to respond to the above inquiry of Council Member Swain, and the question of placing a cap on the amount of City contribution to ICMA-RC was referred to fiscal year 2000-01 budget study. Sincerely, lP~ rn.~ Mary F. Parker, CMC/ AAE City Clerk MFP:lo pc: James D. Ritchie, Sr., Acting City Manager Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget Joyce L. Sparks, Retirement Administrator, Department of Finance C;\MyFiIeslsept7.wpd . RECEIVED CITY CLERKS OFFICE 19 SfP -2 Pr2 :02 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.w., Room 461 P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JAMES D. GRISSO JESSE A. HALL Director of Finance Deputy Director i'~ JI!I~' DATE: September 7, 1999 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: Employer Matching Contribution to ICMA-RC City Council, on May 11, 1999, authorized an increase from $10 to $15 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. Below are statistics that show participation in the deferred compensation plan by salary range before and after the increase of an additional $5 per pay period employer matching contribution. Total Number Total Number Percentage Total Number Total Number Percentage of of of of of of Employees Participants Participants Employees Participants Participants Salary as of as of as of as of as of as of Ranile 4/29/99 4/29/99 4/28199 8/31/99 8/31/99 8/31/99 $10.000 to $20.000 270 154 57.0% 204 120 58.8% $20.000 to $30.000 859 581 67.6% 868 601 69.2% $30.000 to $40.000 557 428 76.8% 590 474 80.3% $40,000 to $50.000 184 152 82.6% 188 161 85.6% $50.000 to $60.000 43 39 90.7% 55 52 94.5% $60.000 and above -12 ~ 84.8% ~ -1! 85.4% Total 1.959 1.393 71.1% 1. 953 1449 74.2% The participation statistics confmn that the increased contribution by the City continues to have a positive impact for new enrollments. The attached charts emphasize the investment City employees have in our deferred compensation plan. Honorable Mayor and Members of City Councll September 7, 1999 Page 2 This report is to provide City Councll with information and no action is required. JDG/JS:s c: James D. Ritchie, Acting City Manager William M. Hackworth, City Attorney Jesse Hall, Deputy Director of Finance Joyce Sparks, Retirement Administrator DEFERRED COMPENSA TION ASSET GROWTH Assets as of June 30,1999: $27,681,955 30 - - - - 25 - - - 20 - - CJ) c: g 15 - - - .- 2 10 - - : J] 87 88 89 90 91 92 93 94 95 96 97 98 Years ending in December .- EMPLOYEE PARTICIPATION GROWTH Participants as of June 30, 1999: 1 ,403 1500 - - - - en 1000 - - - ~ c CO a. .0 :e CO a.. 500 - - 0 87 88 89 90 91 92 93 94 95 96 97 98 Years Ending n December DEPARTMENT OF FINANCE CITY OF ROANOKE. VA. RECEIVED CITY CLERKS OFFICE September 7, 1999 w ~ -2 Pt2:02 TO; Honorable Mayor and Members of City Councll FROM: James D. Grisso, Director of Finance SUBJECT: City of Roanoke Pension Plan Cost-of-Living Adjustment City Councll, on May 11, 1999, approved a two percent (2%) permanent cost-of-living adjustment (COLA) for eligible members of the City of Roanoke Pension Plan by Ordinance No. 34279-051199. There were 1,170 of the 1,305 retirees that received this increase. Retirees that retired on or before July 1, 1998 and qualified spouses were eligible. The monthly increase in pensions for the COLA was $14,795 or $177,540 annually. The estimated cost of this increase is $1,700,000 based on current actuarial assumptions. This report is to provide City Councll with information and no action is required. 4fL Director of Finance JDG/JS:s c: James D. Ritchie, City Manager William M. Hackworth, City Attorney Jesse Hall, Deputy Director of Finance Joyce Sparks, Retirement Administrator 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 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 13, 1999 File #15-110-394 Frances L. Keen, Vice-Chair Cultural Services Committee 1226 Rugby Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Keen: This is to advise you that on August 24, 1999 and August 25, 1999, respectively, George A. Kegley and Courtney A. Penn qualified as members of the Cultural Services Committee for terms ending June 30, 2000. ,n:l:' 1. ~ Mary F. Parker, CMC/AAE City Clerk MFP:lo pc: Glenna O. Ratcliffe, Secretary, Cultural Services Committee Sandra H. Eakin, Deputy City Clerk C:\MyFileslsepI7. wpd RECEIVE.D CITY CLERKS OFFICE '99 lllG 25 P 1 :17 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, George A. Kegley, do solemnly swear (or affirm) that 1 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 3Cl, 2ClClCl, according to the best of my ability. (So help me God.) _p~ 0-* .~"" Subscribed and sworn to before me th~A( ~day of ARTHUR B. CRUSH, I ,CLERK ~~ ~~,,"'^--~ ,DEPUTYClERK RECEIVED CITY CLERKS OFFICE '99 AllG 25 P 4 :-41 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Courtney A. Penn, 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 3Cl, 2ClClCl, according to the best of my ability. (So help me God.) Subscribed and sworn to before me thi~day ~ 1999. ARTHUR B. CRUSH, III, CLERK B~~~"--\"':'~ ,DEPUTYCLERK 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 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 13, 1999 File #15-72-110 Glenn D. Radcliffe, Chair Human Services Committee Roanoke, Virginia Dear Mr. Radcliffe: This is to advise you that on August 25, 1999 and August 17, 1999, respectively, Raleigh Campbell and Katherine M. McCain qualified as members ofthe Human Services Committee for terms ending June 30, 2000. Sincerely, r:. ~ 1 a;~-- , '\" ~ 7. - - Mary F. Parker, CMC/AAE City Clerk MFP:lo pc: Glenna O. Ratcliffe, Secretary, Human Services Committee Sandra H. Eakin, Deputy City Clerk C:\MyFileslsepl7.wpd RECEIVE.D CITY CLERKS OFFICE 19 At! 25 P):37 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Raleigh Campbell, 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 Human Services Committee for a term ending June 3Cl, 2ClClCl, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this~ day of ~1999. ARTHUR B. CRUSH, III, CLERK BY ~n~ , DEPUTY CLERK H:\AGENDA99\JUL Y6.wPD "" , RECEivED CITY CLERKS OFFICE '99 AOO 18 roo :17 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: " I, Kathe~ M. McCain, 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 Human Services Committee for a term ending June 3Cl, 2ClClCl, according to the best of my ability. (So help me God.) ~.;p>~~b ~e&;4/ Subscribed and sworn to before me this L7- day of d~, 1999. ARTHUR 8. CRUSH, III, CLERK~ BY~ ~~,DEPUTYCLERK H:\AGENDA99\JUL Y6.WPD ~, /~ / (,'. '" . 'J,,;, ("?"~.~!~~ \,::,.;-<~ , \_~-:':~~;:~r- 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 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Depuly City Clerk September 13, 1999 File #15-72-110 Harold P. Kyle, Vice-Chair Human Services Committee 3411 Exeter Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Kyle: This is to advise you that on August 23, 1999, Glenn D. Radcliffe qualified as a member of the Human Services Committee for a term ending June 30, 2000. Sincerely, /) 111. """0 .J (" A...I......... Mary F. Parker, CMC/AAE City Clerk MFP:lo pc: Glenna O. Ratcliffe, Secretary, Human Services Committee Sandra H. Eakin, Deputy City Clerk C:lMyFile,lsept7_wpd RECEIVED CITY CLERKS OFFICE w~ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Glenn D. Radcliffe, 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 Human Services Committee for a term ending June 3Cl, 2ClClCl, according to the best of my ability. (So help me God.) .~~ Subscribed and sworn to before me this0?3 day Of~9. ARTHUR B. CRUSH, III, CLERK BY ~~'lY\.~ ,DEPUTYCLERK H:IAGENDA9911UL Y6.WPD ,'"' , ?,-.;,. MARY F. PARKER, CMC/AAE City Clerk Mark S. Scala, Vice-Chair Roanoke Arts Commission 1935 Avon Road, S. W. Roanoke, Virginia 24015 Dear Mr. Scala: 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 September 13, 1999 File #15-110-230 SANDRA H. EAKIN Deputy City Clerk This is to advise you that on August 10, 1999, Brook E. Dickson and Susan W. Jennings qualified as members ofthe Roanoke Arts Commission for terms ending June 30, 2002. Sincerely, IJ Ih.. ~ 1. r ,,^--,"-- Mary F, Parker, CMC/ AAE City Clerk MFP:lo pc: Lane11 Otey, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk C:\MyFileslscp.1.wpd '" \ RECEIVE.D CITY CLER~\S OFFICE "9) AU(; 13 NO '47 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Brook E. Dickson, 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 Roanoke Arts Commission for a term ending June 3Cl, 2ClCl2, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this 10 day of ~ 1999. ARTHUR B. CRUSH, III, CLERK BY !~ C~,. , DEPUTY CLERK H:\AGENDA99\JUL Y6.WPD RECEIVE.D (;ITY CLERKS OFFICE '99 AlI1 13 NO :47 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Susan W. Jennings, 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 Roanoke Arts Commission for a term ending June 3Cl, 2ClCl2, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this .JD.. day of ~ 1999. ARTHUR B. CRUSH, III, CLERK ~ L I'<~d BY ( ~--7LU<-\ , DEPUTY CLERK , .~~ Wl~ /.: ." ~ . ,G l"..'.......~.~. " ~':C,'.:i:'~~ ":;:"""'~ I, "::i;_;t~- 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 MARY F. PARKER, CMC/AAE City Clerk September 13, 1999 File #15-110-322 Dennis Frye, Chair Roanoke City Public Library Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Frye: SANDRA H. EAKIN Deputy City Clerk This is to advise you that on August 12, 1999 and August 11, 1999, respectively, Gloria P. Manns and Herbert D. McBride qualified as members ofthe Roanoke City Library Board for terms ending June 30, 2002 and June 30, 2001, respectively. Sincerely, /J /h..~J.r~. Mary F. Parker, CMC/AAE City Clerk MFP:lo pc: Beverly A. James, Secretary, Roanoke Public Library Board Sandra H. Eakin, Deputy City Clerk C:\MyFileslsepI7. wpd RECEIVE.D CITY CLERKS OFFICE '99 AI:I5 13 AlO:4 7 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Gloria P. Manns, 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 Roanoke Public Library Board for a term ending June 3Cl, 2ClCl2, according to the best of my ability. (So help me God.) ifkvf I ~~ Subscribed and sworn to before me this /c/"day Of~5:11999. ARTHUR B. CRUSH, III, CLERK 7/~~L~ / , DEPUTY CLERK H:\AGENDA99\JUL Y6.WPD RECEIVED CITY CLERKS OFFICE '99 At(; 13 AlO:4 7 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Herbert D. McBride, 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 Roanoke Public Library Board for a term ending June 3Cl, 2ClCl1, according to the best of my ability. (So help me God.) Y-L/J- ~ ~~ Subscribed and sworn to before me this .Ii..- day of ~ 1999. ARTHUR B. CRUSH, III, CLERK BY ~?-<2~ , DEPUTY CLERK H:\AGENDA99\IUL Y6.WPD 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 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy Cily Clerk September 13, 1999 File #15-110-429 Robert E. Tonkinson, Jr., Chair Board of Trustees, City of Roanoke Pension Plan 1830 Belleville Road, S. W. Roanoke, Virginia 24015 Dear Mr. Tonkinson: This is to advise you that on September 1, 1999, D. Elliott Bayer qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002. Sincerely, f!... "~1, ~- Mary F. Parker, CMC/AAE City Clerk MFP:1o pc: James D. Grisso, Secretary/Treasurer, Board of Trustees, City of Roanoke Pension Plan Joyce L. Sparks, Retirement Administrator Sandra H. Eakin, Deputy City Clerk ClMyFiles\sept7.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, D. Elliott Bayer, 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 Board of Trustees, City of Roanoke Pension Plan, for a term ending June 3Cl, 2ClCl2, according to the best of my ability. (So help me God.) CZ;., ~ &~~ Subscribed and sworn to before me this /~ day of ~ 1999. ARTHUR B CRUSH, III CLERK . BY: L1.\ --........ 'L.f")L .. IL ---.) DEPUTY CLERK H:IAUGI6.WPD CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk September 13, 1999 Sandra H. Eakin Deputy City Clerk File #60 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of a communication from Council Member William White, Sr., with regard to a recommendation of Mr. James Armstrong on the subject of fiscal issues that arise outside of the routine budget process, which communication was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. On motion, duly seconded and adopted, Council concurred in the recommendation that the City adhere to a practice of referring funding requests to the annual operating budget study or capital budget study for evaluation and prioritization with other funding needs. ~1~J.P~ Mary F. Parker, CMC/AAE City Clerk MFP:lo Attachment pc: Mr. James Armstrong, 619 Highland Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:lMyFiles\sept7.wpd CITY OF ROANOKE CITY ~E~~~~EgFFICE CITY COUNCIL DAVID A. BOWERS Mayor 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 "99 m' -1 P5:11 September 7, 1999 Council Members: C. Nelson Harris W. Alvin Hudson Carroll E. Swain James O. Trout William White, Sr. Linda F. Wyatt The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: During the August 16 meeting of City Council, Mr. James Armstrong, a citizen of Roanoke City, addressed the subject of fiscal issues that arise outside of the routine budget processes. He advised that the problem in approving funding requests outside of the normal annual budget process and five-year capital projects plan is that decisions are made without consideration of other alternatives and/or priorities. Additionally, he stated that 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 times. He stated 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. I concur with Mr. Armstrong's comments and recommend that we adhere to a practice of referring funding requests to the annual operating budget study or capital budget study so that they may be evaluated and prioritized along with all other funding needs. J ask for your concurrence of my recommendation. l ~ReSf~ectfUllY submitted, O'~ ') ( , 1 . l f '. U! ' ,l I ./.",> " / I fI './oc"'."'."';' h ) .......' , ~. ()lJ tj A. i j: I. 1/ " /-J illiam White, Sr. f~ /.'JC.,;"~:". Council Member WW:ca cc: James D. Ritchie, Acting City Manager Diane S. Akers, Acting Assistant City Manager Mary F. Parker, City Clerk William Hackworth, City Attorney James D. Grisso, Director of Finance ~1 VIRGINIA AMATEUR SPORTS, INC. PRESENTING SPONSORS CMT Sporting Goods Virginia's 13 ABC PREMIER SPONSORS WYYD Radio SeaStar Communications Valleydale Foods PLATINUM SPONSORS Barrows Office Products DIAMOND SPONSORS Carilion Health System Mostly Sofas GOLD MEDAL SPONSORS BB&T Coca Cola GTE Mobilnet Holiday Inn - Tanglewood Hyperion Kroger Lewis Gale Medical Center SILVER MEDAL SPONSORS AEP First Team Auto Mall Inlelos KMC TelecornlRoanoke Save-X Mini Marts BRONZE MEDAL SPONSORS Bank of Fincastle Blue Ridge Copier Burgess-DeMarco Insurance Della Dental Plan of Virginia Gentry, Locke. Rakes & Moore Lanford Brothers Mountain Springs Water MW Windows Roanoke Electric Steel Roanoke Fruit & Produce Tanglewood Mall Tony's Pizza Voice-Tel Liberty Mutual SPONSOR OF Co~ G A M E S RECEIVED ,- CITY CLERKS OfFICi:.. 711 C 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 www.commonwealthgames.org "99 MJG 30 P 1 :34 August 26, 1999 Ms. Mary Parker City Clerk 215 Church Ave. Room 456 Roanoke, Virginia 24011 Dear Ms. Parker, Virginia Amateur Sports would like to have the opportunity to say thank you to the City of Roanoke for their outstanding support of the 1999 Commonwealth Games of Virginia at your city council meeting scheduled for Tuesday, September 7, 1999 at 2:00 pm. My presentation will take approximately 5 - 10 minutes. I would also like to re-present a plaque which I previously presented to Mayor Bowers at our VIP reception on July 15. If you can have the plaque at the meeting on the 7th, it certainly would be appreciated. Please accept my thank you in advance for giving me this opportunity. I am looking forward to hearing from you. Sincerely, Virginia Amateur Sports \6. ~l\-U..- Peter Lampman President SM PROMOTING SPORTS IN THE OLYMPIC IDEAL S8nctioned by the National CongrMa 01 Slate G8mee and IlICOgIIIzed by the United Stet.. Olympic Commm.. o Recycled Paper 711 C 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 www.commonwealthgames.org ~1 VIRGINIA AMATEUR SPORTS, INC. PRESENTING SPONSORS CMT Sporting Goods Virginia's 13 ABC PREMIER SPONSORS WYYD Radio SeaStar Communications Valleydale Foods PLATINUM SPONSORS Barrows Office Producls DIAMOND SPONSORS Carilion Hea~h System Mostly Sofas GOLD MEDAL SPONSORS BB&T Coca Cola GTE Mobilnet Holiday Inn - Tanglewood Hyperion Kroger Lewis Gale Medical Center SILVER MEDAL SPONSORS AEP First Team Auto Mall Intelos KMC Telecom/Roanoke Save-X Mini Marts BRONZE MEDAL SPONSORS Bank of Fincastle Blue Ridge Copier Burgess-DeMarco Insurance Delta Dental Plan of Virginia Gentry, Locke, Rakes & Moore Lanford Brothers Mountain Springs Water MW Windows Roanoke Electric Steel Roanoke Fruit & Produce Tanglewood Mall Tony's Pizza Voice-Tel Liberty Mutual SPONSOR OF September 7, 1999 The Honorable David A. Bowers and Members of City Council City of Roanoke 215 Church Street Roanoke, Virginia 24011 Dear Mayor Bowers and City Council Members Just a short note to say thank you for your ongoing support and commitment to Virginia Amateur Sports and the Commonwealth Games of Virginia. Due to your efforts and others like you, our tenth anniversary ofthe Commonwealth Games was very successful. Enclosed is a report on the economic impact the Games had on the Roanoke Valley. The report also provides information on the growth the Games and the demographics of where the athletes traveled from to participate. These figures over the past few years have shown an increase in the number of athletes coming from outside the Roanoke Valley especially the Northern Virginia and Tidewater area ofthe Commonwealth. Nearly 80,000 athletes have competed in the Commonwealth Games of Virginia over the past ten years. Again, please accept my thank you for enhancing our ability to carry on our Tradition of Excellence: The Commonwealth Games of Vireinia. Sincerely, ~ \O\.~")vu Peter Lampman President PROMOTING SPORTS IN THE OLYMPIC IDEAL Sanctioned by the Nattonal Corlgr.- 01 Stale Gamee end recognized by the United Stat.. Olympic Commlllee o ~ Paper '~ 1999 Commonwealth Games of Virginia Economic Impact Statistics Roanoke Valley Direct Visitor Expenditures A. Number of athletes that stayed overnight B. Number of spectators that stayed overnight (1:3 ratio) C. Average length of stay D. Estimated average daily expenditures E. Estimated overnight visitors expenditures (A + B x C x D) F. Number of day athletes G. Number of day spectators (1:2 ratio) H. Number of day volunteers I. Estimated average daily expenditures J. Estimated day visitor expenditures (F+G+HxI) K. Estimated total visitor expenditures (E+J) 4,896 14,688 2.19 Days $112.50 $4,825,008 4,202 8,404 1,600 $15.00 213,090 $5,038,098 Regional Multiplier and Turnover L. Turn-over effect to local economy (See report) M. Full local economy economic impact (K x L) $1.66 $8,363,243 Estimated Sales Tax Revenues N. Percentage taxable sales O. Local sales tax rate P. Estimated local sales tax (K x N x 0) 100% 4.50% $226,714 Total Visitor Related Tax Revenues $226,714.00 1999 Commonwealth Games of Virginia Economic Impact Analysis I. Methodology The methodology used for estimating the economic impact of the 1999 Commonwealth Games of Virginia is one that was presented by the American Economic Development Council at their professional seminars. Total visitor expenditures, as well as estimates of room nights and tax revenues are presented. Several assumptions were made regarding the number of visitors that attended the Commonwealth Games in 1999. Total overnight visitors were counted at a ratio of 1:3 with each athlete bringing an additional three spectators (i.e. coaches, family members, friends). Day spectators were counted at a ration of 1:2. The average length of stay for overnight purposes was determined by reviewing the days devoted to each individual Games event and assigning either a day, days or portion thereof to each event. These were averaged for the entire Games giving a figure of 2.19 days as the average length of stay in the Roanoke Valley. For areas outside of the Roanoke Valley, the respective length of stay is used. The Roanoke Valley Convention and Visitors Bureau indicates that $112.50 is the cost of an overnight's travel in the Roanoke Valley for a sporting event. Day travelers spend less than overnight visitors. The Roanoke Convention and Visitors Bureau also indicates that $15.00 typical figure for expenditures by a day traveler. II. Economic Impact of the 1999 Commonwealth Games The total estimated expenditures of the Commonwealth Games is $5,038,098 based on estimated expenditures from all Games events through the Commonwealth of Virginia and involving athletes and spectators. III. Regional Multiplier and Turnover There are various types of regional multipliers for value added, employment and payroll/ earnings. There is insufficient regional data available to be able to determine the value added or output from the Commonwealth Games. However, a turnover model used from Iowa was applied to indicate the extent or turnover effect of the expenditures of $5,038,098 from the Commonwealth Games. A $1.00 spent turns over five (5) times in the local economy at a decreasing rate such that the full impact is $1.66. For example, total expenditures from the Commonwealth Games times 1.66 equals $8,363,243 in full expenditures in the local economy. } 1999 COMMONWEALTH GAMES OF VIRGINIA REGIONAL DISTRIBUTION I Other I 282 Roanoke Valley: West: Central North East: Other Roanoke City, Roanoke County. Salem, Vinton Bristol, Martinsville, New River Valley Charlottesville, Lynchburg, Farmville, Staunton Winchester, Culpeper. Harrisonburg, Northern VA Norfolk, Richmond, Fredericksburg, Virginia Beach MO, NC, SC. WV 0# of Sports .Total Athletes Commonwealth Games Participation 1990-1999 1997 1998 1999 1999 Commonwealth Games Regional Distribution Roanoke Valley 18% Other 3% East 20% North 16% Centra 17% 1999 Commonwealth Games Age Distribution 45 & Over 7% 25-44 16% 1999 Commonwealth Games Gender Distribution Female 4Cl% P ARTICIP A TION IN THE COMMONWEAL TH GAMES OF VIRGINIA Commonwealth Games Participation 1999 Commonwealth Games Age Distribution [~;:~=: 10007 42 -1-"""- 1999 1990-1999 1998 1997 1996 1995 45& Over 25-44 7% 16%. l",,~, 119;~: "i;i~1T ~~:. 1999 Commonwealth Games Gender Distribution INC. VIRGINIA AMATEUR SPORTS, MISSION STATEMENT Male 60% () Female 40% The mission of Virginia Amateur Sports, Inc. is to promote, develop and facilitate amateur athletics throughout the Conunonwealth of Virginia by subscribing to the following tenets: citizens in for all lifestyles Promoting an awareness of the benefits of physical fitness and healthy the Conunonwealth through sports education, training and competition. 1. 2. Conducting the Conunonwealth Games of Virginia, a multi-sport festival of statewide competition, designed to encourage participation of athletes representing a broad range of ages and skill levels from conununities in the Conunonwealth and under the jurisdiction of the National Congress of State Games. 3. Promoting relevant sports-related educational programs for citizens in the Commonwealth, such as anti-drug and wellness programs for athletes. f- 0;:;] CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 13, 1999 File # 5-60-133-236 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34455-090799 authorizing acceptance of Grant No. 00- F8554VW99 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a VictimlWitness Assistance Program, in the amount of$86,057.00 and a local cash match of $25,671.00, and authorizing execution and filing by the Acting City Manager of the conditions of the grant and other grant documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. . Si.ncerelY, 0 I"v\ -, 1. r ~ IJ,..- Mary F. Parker, CMC/AAE City Clerk MFP:lo Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney James D. Grisso, Director of Finance Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:\MyFileslsepl7.wpd ~'J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA , The 7th day of September, 1999. No. 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 VictimlWitness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of Grant No. 00-F8554VW99 in the amount of $86,057 for Fiscal Year 99-00 for a VictimlWitness Assistance Program. 2. The local cash match for Fiscal Year 99-00 shall be in the amount of $25,671. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of GI:ant No. .OO~ F8554VW99. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 13, 1999 File #5-60-133-236 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34454-090799 amending and reordaining certain sections of the 1999-00 Grant Fund Appropriations, providing for appropriation and transfer of funds totaling $111,728.00 in connection with the Department of Criminal Justice Services Grant for the Victim Witness Assistance Program. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, 0 n...~ j r I.M- - MaryF. Parker, CMC/AAE City Clerk MFP:lo Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney James D. Ritchie, Sr., Acting City Manager Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget ':-- C:\MyFileslsep.7.wpd ~\~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. No. 34454-090799. AN ORDINANCE to amend and reordain certain sections of the 1999-00 Grant 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 1999-00 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriatlons Judicial Administration $ 681,677 Vidim Witness Grant FYOO (1-15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111,728 Revenue Judicial Administration Vidim Witness Grant FYOO (16-17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1) Regular Employee Salaries 2) ICMA Retirement 3) ICMA Match 4) FICA 5) Medical Insurance 6) Dental Insurance 7) Disability Insurance 8) Telephone 9) Administrative Supplies 10) Dues and Memberships 11) Training and Development 12) Printing 13) Postage 14) CIS - Personnel Computer RentallMaintenance (03~2~123-1002) (03~2~123-1115) (O~~123-1116) (O~2~123-1120) (O~2~123-1125) (O~2~123-1126) (O~2~123-1131) (O~2~123-2020) (O~2~123-2030) (O~2~123-2042) (03~2~123-2044) (O~2~1--23-2075) (035-026-5123-2160) (035-O26~123-7007) $ 681,677 111 ~72a $ 83,016 7,471 390 6,950 5,472 556 199 575 1,013 75 2,781 170 1,560 720 15) Management Services 16) State Grant Receipts 17) Local Match (03~26~123-7015) (035-O26~123-1100) (035-o26~123-11 01) $ 780 86,057 25,671 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERI\S OFFICE "99 AUG 24 P2 :37 Roanoke, Virginia September 7, 1999 99-604 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Acceptance of Victim Witness Assistance Program Grant I concur with the recommendation from the Commonwealth's Attorney with respect to the subject referenced above and recommend that City Council accept the Department of Criminal Justice Services' Grant for the Victim Witness Assistance Program in the amount of $86,057 and that the City provide $25,671 as the local cash match. Respectfully submitted, ~~~ J es . Ritchie Actin ity Manager cc: Acting Assistant City Manager Acting Budget Administrator Commonwealth Attorney City Attorney City Clerk Director of Finance September 7, 1999 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Acceptance of Victim Witness Assistance Program Grant I. Background A. Victim/Witness Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support. B. Roanoke City Victim/Witness/Juror Assistance Committee (RCVWJ) was formed in the fall of 1983, by 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. C. Victim/Witness Program was developed and utilized volunteers in the court system to provide services to support the needs of victims and witnesses. D. The RCVWJ committee submitted the program to the State with a request for full payment funding. A start-up grant (#85A6252) was issued on July 1, 1984, in the amount of $16,202 for FY 84-85 subject to proportional annual local funding to be approved each year. E. City Council accepted the start-up grant in September, 1984, and hired a full- time program coordinator in October, 1984. The program has been in continued operation since then. '," Members of City Council Subject: Acceptance of the Victim Witness Assistance Program Grant Page 2 II. Current Situation A. The Victim/Witness Assistance Program has been awarded a twelve month $86,057 grant (#00-F8554VW99) for July 1999 through June 2000. A local cash match of $25,671 is requested for a total grant budget of $111,728. The local cash match is equal that of FY 1998-1999. It is included in the General Fund FY 1999-2000 adopted budget in the Transfer to Grant Fund Account. B. The Victim/Witness Program continues to operate with a full-time coordinator for the Circuit Court, as well as one full time assistant for the Juvenile and Domestic Relations Court and one full-time assistant for the General District Court. Duties have expanded and greater contact has been made with persons in need of program services. In addition, the Virginia Crime Victim and Witness Rights Act requires the program to contact and provide services to an increased number of victims and witnesses. A summary of FY 95-96, 96-97, 97-98, 98-99 contacts documents the services of the program (see Attachment A). C. The Victim/Witness Program is coordinated by the Office of the Commonwealth's Attorney. III. Issues A. Services B. Costs IV. Alternatives A. City Council accept the Victim/Witness Grant #00-F8554VW99 for $86,057 with Roanoke City providing $25,671 as a local cash match for a total grant of $111 ,728. 1 . Services a. Present level of services and contacts would be maintained for victims and witnesses in the General District Court. " Members of City Council Subject: Acceptance of the Victim Witness Assistance Program Grant Page 3 b. Present level of services and contacts would be maintained for victims and witnesses in the Juvenile & Domestic Relations District Court. c. Present level of services and contacts would be maintained for victims and witnesses in the Circuit Court. 2. Costs a. Cost to the City for Grant #00-F8554VW99 would be $25,671 as a local cash match. B. City Council not accept the Victim/Witness Grant #00-F8554VW99 in the amount of $86,057. 1. Services such as those below would be greatly curtailed or not provided if the grant is not accepted. a. Providing felony and certain misdemeanor victims and witnesses with a letter and educational brochure familiarizing them with the court system, procedures and terminology, and informing them of their rights under the Virginia Crime Victim and Witness Rights' Act. b. Notifying victims and witnesses of the status of pending cases thereby decreasing the number of unnecessary trips made to court and helping the victims and witnesses feel informed and part of the criminal justice system. c. Providing police officers with case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. d. Assisting victims in securing court ordered restitution payments. Members of City Council Subject: Acceptance of the Victim Witness Assistance Program Grant Page 4 e. Providing information on the Virginia Criminal Injuries Compensation Fund and assisting victims in completing the application process. f. Assisting victims in completing forms in order to be notified of a prisoner's custody status while incarcerated in the Roanoke City Jailor within the Department of Corrections. g. Assisting victims and witnesses in completing request for confidentiality forms. h. Providing referrals to other agencies which can help victims address their non-criminal justice needs. i. Accompanying victims and witnesses to court proceedings to reduce their fears and anxieties regarding court appearances. j. Providing courtroom tours for child victims and adult victims of sexual assault. k. Interceding with employers and school officials when victims and witnesses have difficulties securing time off. I. Assisting sexual assault victims in having forensic medical bills paid by the criminal fund. m. Assisting probation and parole officers in the preparation of Victim Impact Statements which are presented to the judge at the defendant's sentencing. n. Providing short-term counseling and crisis intervention to crime victims and witnesses. o. Arranging transportation to court for those victims and witnesses who have special needs. p. Providing public relations information in the form of courthouse tours, programs and lectures about the criminal justice system and victimology. Members of City Council Subject: Acceptance of the Victim Witness Assistance Program Grant Page 5 2. Costs of local match would not be incurred. V. Recommendations A. City Council concur with Alternative A, which would allow for the acceptance of, and participation in the Department of Criminal Justice Services Grant #00-F8554VW99 for the Victim/Witness Program in the amount of $86,057, with the City providing a local cash match of $25,671 from the monies provided in the Transfer to Grant Fund Account in the FY 99-00 budget. 8. Authorize the City Manager to sign and execute all appropriate documents to obtain Grant #00-F8554VW99. C. Budget funding in the amount of $111.728 in revenue accounts to be established in the Grant Fund by the Director of Finance. D. Transfer funding in the amount of $25.671 from account 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. E. Appropriate funding in the amount of $111.728 to the expenditure accounts listed in Attachment C. Ui)"~~ Donald S. Caldwell . Commonwealth's Attorney DSC:jls pc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Victim Witness Coordinator Victim Witness Assistance Program Service Summary Service FY FY FY FY 95-96 96-97 97 -98 98-99 1. Total Victims Contacted 581 541 721 1059 2. Total Witnesses Contacted 517 203 108 120 3. Case Disposition, Case Status & Advance Notice of Proceedings 2,436 2,457 2,608 3,990 4. I ntercession with Schools or Employers 9 7 2 17 5. Crisis Intervention 32 39 84 149 6. Referral to Criminal Injuries Compensation Fund 150 295 306 388 7. Restitution Payment Assistance 783 1,213 773 1,373 8. Explanation of Steps in Criminal Justice System and Criminal Justice Process Options 559 727 897 1,389 9. Courtroom Tours or Explanations 65 222 249 502 10. Criminal Justice Process Support 352 548 693 11. Notification Services & Explanation Regarding Prisoner Custody Status 31 32 88 12. Protection Services & Explanations 223 500 622 13. Appeal/Habeas Corpus Services 9 6 14. Educational Brochures Given 1,729 1 ,469 1,123 2,495 15. Amount of Restitution Collected $62,656 $84,430 $75,464 $91,661 16. Amount of Crime Compensation Awarded to Victims $57,764 $40,874 $28,453 $52,903 Statistics listed on this page reflect some of the services being counted by the Victim Witness Program as required by the Department of Criminal Justice Services. ATTACHMENT B LOCAL CASH MATCH GRANT FUND DCJS GRANT LOCAL CASH MATCH TOTAL FY 84-85 $16,202 (100%) $16,202 FY 85-86 $13,772 (71 %) $ 5,538 (29%) $19,310 FY 86-87 $32,550 (84%) $ 6,575 (16%) $39,125 FY 87-88 $17,225 (64%) $ 9,916 (36%) $27,141 FY 88-89 $19,048 (57%) $14,514 (43%) $33,562 FY 89-90 $32,250 (62%) $20,072 (38%) $52,322 FY 90-91 $35,619 (64%) $20,027 (36%) $55,961 FY 91-92 $34,787 (64%) $20,011 (36%) $54,798 FY 92-93 $36,706 (63%) $21,419 (37%) $58,125 FY 93-94 $36,798 (65%) $20,027 (35%) $56,825 FY 94-95 $34,021 (58%) $24,903 (42%) $58,924 FY 95-96 $35,910 (58%) $25,671 (42%) $61,581 FY 96-97 $64,328 (71 %) $25,671 (29%) $89,999 FY 97-98 $77,015 (75%) $25,671 (25%) $102,686 FY 98-99 $87,366 (77%) $25,671 (23%) $113,037 FY 99-00 $86,057 (77%) $25,671 (23%) $111,728 Attachment C - Program Budget 1002 Regular Employee Salaries $83,016 1115 ICMA Retirement 7,471 1116 ICMA Match 390 1120 FICA 6,950 1125 Medical Insurance 5,472 1126 Dental Insurance 556 1131 Disability Insurance 199 2020 Telephone 575 2030 Administrative Supplies 1,013 2042 Dues and Memberships 75 2044 Training and Development 2,781 2075 Printing 170 2160 Postage 1,560 7007 CIS-Personal Computer Rental/Maintenance 720 7015 Management Services 780 Total $111,728 ';. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 13, 1999 File #468 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34456-090799 amending the Water Conservation Plan (Plan) dated May 17, 1999, adopted by Council on June 7, 1999, by rescinding the provisions for imposing water surcharges contained in the Plan; and confIrming that the Acting 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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, /J /\... ~ j..r 1# loA. ~ Mary F. Parker, CMC/AAE City Clerk MFP:lo Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Dana D. Long, Chief, Billings and Collections Jesse H. Perdue, Jr., Manager, Water Department C:\MyFilesIsept7. wpd pi IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. No. 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 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 Cover 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. WHEREAS, by Ordinance No. 34326-060799, adopted June 7,1999, this Council adopted a Water Conservation Plan dated May 17, 1999; which included provisions for the imposition of water surcharges when the water level at the Carvins Cove Reservoir reached certain levels as set forth in the conditions outlined in the Plan; and WHEREAS, Council authorized the City Manager to take such further action as was deemed necessary to implement, administer and enforce the provisions of the Plan and Council wisheS to: confirm the City Manager's authority granted by that Ordinance to allow the City Manager 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 particular condition; and WHEREAS, in light of recent events that have occurred in connection with the Water Conservation Plan and the City's efforts to obtain water from Roanoke County, Salem, and the Town of Vinton, and other sources, all as more fully set forth in the report to this Council dated September H:IMEASURES\_lINVJIloaamead ., 7, 1999, Council believes it would be appropriate to rescind the imposition of the water surcharges provided for in the Plan. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the reasons set forth above and in the above mentioned report, Council does hereby amend the Water Conservation Plan dated May 17, 1999, adopted by Ordinance No. 34326- 060799, on June 7, 1999, only to the extent that the provisions contained in the Plan providing for the imposition of surcharges when the water level in Carvins Cove Reservoir reaches a level of 30 feet below the spillway overflow and lower, referred to as conditions 3, 4, and 5 in the Plan, are hereby rescinded and no surcharges will be imposed under the Plan at this time during those conditions. 2. Council specifically confirms that once a particular condition provided for in the Plan is reached and the restrictions and provisions of that condition take effect, 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 ~a~ be determined by the City Manager in his discretion, before that particular condition will be determined to be no longer applicable and the restrictions and provisions of that condition are lifted. 3. The restrictions and provisions of the Water Conservation Plan dated May 17, 1999, including the provisions for civil penalties, remain in full force and effect, except as modified above with regard to the imposition of surcharges, and that the Ordinance adopted by this Council on June 7, 1999, Ordinance No. 34326-060799 remains in full force and effect, except as modified above. H:\MEASURES\~ 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:\MEASURES\~ " . RECE/VE.D CITY CLERKS OFFICE " W SEP-t P5:12 September 7, 1999 Report No. 99-369 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, VA Dear Mayor Bowers and Members of Council: Subject: Water Conservation Plan - Amendments I. Background: A. The Water Conservation Plan approved by Council on June 7, 1999, will as enacted, impose civil penalties and water surcharges should the level in Carvins Cove Reservoir reach a level of 30 feet below spillway overflow and lower. B. A new city utility billing system is being implemented to make it Year 2000 compliant and to be more responsive to our needs. The new system is expected to go on line the middle of September. It is expected to take several weeks of dual system operation while the new system is implemented. C. 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. D. The tentative agreement with Roanoke County and the need to purchase water from the County, Salem, and the Town of Vinton will require the imposition of a City water rate increase to offset those added expenses and lost revenue. Council is expected to consider that rate increase at the same time that it formalizes the contract with the County. We hope to hold a public hearing on that issue at the September 20, 1999, evening session of Council. It is proposed that any such water rate increase not take effect until on or after January 1, 2000. E. Water Conservation Officers are patrolling the City to warn citizens against the use of prohibited water use practices, are issuing warnings for such violations and are prepared to issue citations resulting in fines should the level reach 30 feet below spillway overflow. The Honorable David A. Bowers, Mayor and Members of Council September 7, 1999 Page 2 II. Current Situation: A. The Water Conservation Plan requires even stronger mandatory water conservation measures should the water level reach 30 feet below spillway overflow or lower. B. The public awareness campaign remains active. Water customers are reacting positively to the public information campaign and are doing their part to conserve water. C. 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 our various interconnections with other jurisdictions. D. Civil penalties for the 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. E. 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, that such condition and restrictions associated with it are maintained until the water level rises and stabilizes at a sufficient level above that condition to move up to the prior condition. 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. III. Recommendation: Council take the following action: A. Council amend the June 7. 1999. Water Conservation Plan to the extent of rescinding 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. B. Council confirm that once a particular condition is reached, the City Manager may maintain the restrictions and provisions of that condition "- , The Honorable David A. Bowers, Mayor and Members of Council September 7, 1999 Page 3 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. ~~~ Ja s D. Ritchie Ac. g City Manager JDR:KBK:afm cc: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Diane S. Akers, Acting Assistant City Manager Dana Long, Chief of Billings and Collections Jesse H. Perdue, Jr., Water Department Manager CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 13, 1999 File #60-178-414 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34458-090799 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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, ~ Ift..~ J. r ~ Mary F. Parker, CMC/AAE City Clerk MFP:lo Attachment pc: The Honorable John S. Edwards, State Senator, P. O. Box 1179, Roanoke, Virginia 24006 John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance Barry L. Key, Manager, Office of Management and Budget Deborah J. Moses, Assistant to the City Manager for Special Projects C:\MyFilesIsept7.wpd uJ~ ~\. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1999. No. 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City an agreement by and among the City, the Roanoke Higher Education Authority (RHEA), and the Roanoke Redevelopment and Housing Authority (RRHA), which shall provide that the City shall, subject to certain terms and conditions, grant up to $2.5 million to RRHA which shall, in turn, grant such funds to the RHEA for the development and improvement of the former Norfolk and Western Headquarters Building North for the purpo~ o~ establishing the Roanoke Higher Education Center. 2. The form of the agreement which shall be approved by the City Attorney shall be substantially as set forth in the attachment to the report of the City Manager dated September 7, 1999. 3. 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. '" CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 13, 1999 File #60-178-414 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34457-090799 amending and reordaining certain sections of the 1999-00 Capital Projects Fund and Higher Education Authority Fund Appropriations, providing for appropriation of $2,500,000.00, in connection with renovation and improvement of the former Norfolk and Western Headquarters Building North for the purpose of establishing the Roanoke Higher Education Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular rrieeting which was held on Tuesday, September 7, 1999. Sincerely, ~ ^-,J.r~ Mary F. Parker, CMC/AAE City Clerk MFP:10 Attachment pc: James D. Ritchie, Sr., Acting City Manager Barry L. Key, Manager, Office of Management and Budget Deborah J. Moses, Assistant to the City Manager for Special Projects C:\MyFilesIsept7.wpd ~\\~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. No. 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. 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 and Higher Education Authority Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: CaDltal Prolects Fund Aooropriations Capital Improvement Reserve Public Improvement Bonds - Series 1999 (1). . . . . . . . . . . . . . . . . . . . General Government Higher Education Authority (2) ............................... HI9her Education AuthorlW Aoorooriations Higher Education Authority Higher Education - Capital Outlay (3) . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Higher Education Authority Miscellaneous (4). . . . . . . . . . . . . . . . . . . .- : . . . . . . . . . . . . . . . . . . . . . $ ( 276,271) (4,424,282) $ 24,841,815 2,500,000 $ 11,715,000 11,360,000 $ 11,715,000 2,510,000 1) Higher Education Authority Bonds 2) Appropriated from Bond Funds 3) Construction 4) Contribution from Roanoke Regional Housing Authority (008-052-9709-9175) (008-052-9728-9001 ) (020-002-8721-9060) (020-200-1234-1239) $ (2,500,000) 2,500,000 2,500,000 2,500,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS OFF!CE ~ AUG 30 P 3 :08 September 7, 1999 Council Report No. 99-36 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Request to Authorize the Acting City Manager to Enter into an Agreement to Provide $2.5 million for capital improvements to the Roanoke Higher Education Center I. BACKGROUND A. Julv. 1997. Roanoke Citv 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, Virginia. B. 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. C. February 1998. the Virainia General Assembly provided $5,379,000 to renovate this building for the Higher Education Center. D. May 1998. Roanoke City Council included $250,000 in the FY98-99 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. E. July 1998. the Roanoke Hiaher Education Authority became effective and employed an architectural firm to prepare design and construction plans for the Center. F. January 1999. Governor Gilmore included an additional $3.6 million in his state budget to be used to renovate the Center, bringing the total state funding for the Center to $8,979,000. II. CURRENT SITUATION A. The Roanoke Redevelopment and Housina Authority is to receive the proceeds of bonds sold by the city and to grant them to the Roanoke Higher Education Authority as allowed under Section 36-49.7 of the state code for the improvement of the Roanoke Higher Education Center on lands situated within the boundaries of a redevelopment project area. Council Report No. 99-36 September 7, 1999 Page 2 B. May 3, 1999. Roanoke City Council authorized the City Clerk to advertise for 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. C. City 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 Roanoke City Council to make such contribution to be used to renovate and improve the Center Building. III. ISSUES A. Timing B. Funding C. Leaal IV. AL TERNA TIVES A. City Council authorize the Actin~ City Manaaer to enter into an Agreement, in substantially the form attached to this report, with the Roanoke Redevelopment and Housing Authority and the Roanoke Higher Education Authority to outline 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 contribution to the Roanoke Higher Education Center. Appropriate $2.5 million from future general obligation bond proceeds to the capital account 020-002-8721-9060. 1. Timing is critical in order to ensure that construction is on schedule to meet the anticipated Fall 2000 opening date for the Higher Education Center. 2. Fundina is required in order to meet the anticipated capital project costs. 3. Leaal requirements will be met. B. City Council not authorize the Actina City Manaaer 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 Council Report No. 99-36 September 7, 1999 Page 3 amount of $2.5 million will be provided by the City to the Roanoke Redevelopment and Housing Authority to carry out its purposes related to the capital improvements of the Higher Education Center, and, not appropriate $2.5 million from future general obligation bond proceeds to the capital account 020-002-8721-9060. 1. Timing will not allow the construction work to proceed on schedule and the anticipated opening date for the Higher Education Center will not be met. 2. Fundina will not be available to meet the anticipated project costs. 3. Leaal requirements will not be an issue. v. RECOMMENDATION Citv Council authorize the Actina Citv Manaaer to enter into an Agreement, in substantially the form attached to this report, 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 the capital account 020-002-8721-9060. Respectfully submitted, ~~ JDRlDJM/ca cc: Acting Assistant City Manager Director of Finance City Attorney Manager, Office of Management and Budget Assistant to the City Manager for Special Projects AGREEMENT This Agreement, dated this _ day of , 1999, by and among the City of Roanoke, a municipal corporation of the Commonwealth of Virginia, hereafter referred to as "City", the Roanoke Higher Education Authority, a political subdivision of the Commonwealth created under the laws of the Commonwealth of Virginia, hereafter referred to as "RHEA", and the Roanoke Redevelopment and Housing Authority, a political subdivision of the Commonwealth of Virginia, hereafter referred to as "RRHA." WITNESSETH: WHEREAS, RHEA was created for the purpose of expanding access to higher education in the Roanoke V alley by providing for adult and continuing education and degree-granting programs, including undergraduate, graduate and professional programs, through partnerships with the Commonwealth's public and private institutions of higher education; and WHEREAS, RHEA has committed to the renovation and improvement of the former Norfolk and Western Headquarters Building North, also known as General Office Building North, hereinafter referred to as the "Center Building" for the purpose of establishing the Roanoke Higher Education Center as a regional workforce training and higher education facility which will begin to operate around September of 2000; and WHEREAS, Roanoke City Council has committed to provide a $2.5 million contribution to be used to renovate and improve the Center Building hereinafter referred to as the "Project,"with the understanding that the construction phase of the Project will commence no later than February 1,2000; and WHEREAS, Roanoke City Council has authorized the issuance of $2.5 million of general obligation bonds by the City and the granting of those bond proceeds to the RRHA for the purpose of fulfilling the commitment of the Roanoke City Council to make such contribution to be used to renovate and improve the Center Building; and WHEREAS, the Center Building is located within the boundaries of a redevelopment project area; and WHEREAS, the RRHA has agreed to receive the above bond proceeds and to grant such bond proceeds to the RHEA under Section 36-49(7) ofthe Code of Virginia (1950), as amended, for the purposes related to the renovation and improvement of the Center Building; and WHEREAS, the parties to this Agreement intend for RHEA to go forward with its plans for completion of Center Building pursuant to the terms and conditions of this Agreement; and WHEREAS, RHEA has established two affiliate entities which it controls to assist in the above Project. Accordingly, the parties agree that the term "Roanoke Higher Education Authority" or "RHEA" when used in this Agreement shall also include the Roanoke Higher Education Center, Inc. and the Roanoke Higher Education Associates, L.P. RHEA agrees to be responsible for ensuring its two affiliate entities comply with any duties or obligations required of them by this Agreement; NOW, THEREFORE, FOR AND IN CONSIDERA nON of the mutual covenants, agreements, obligations and undertakings herein contained, the City of Roanoke, RRHA and RHEA hereby covenant and agree as follows: SECTION 1. SCOPE The Project consists of the renovation and improvement of approximately 154,000 square feet of space in the Center Building located at 108 Jefferson Street, NW, in downtown Roanoke, Virginia. The Center Building will be fully refurbished and equipped to house and support programs of up to fifteen public and private colleges, universities, workforce training entities, day care facilities, and other related and associated uses. The Center Building will include state of the art technological features capable of enhancing the educational experience at the Center Building. SECTION 2. FUNDING ,. a. The maximum obligation of the City under this Agreement shall be $2.5 million. Funding by the City shall be made available to the RRHA from the proceeds of general obligation bonds to be issued by the City, and RRHA will, in turn, grant all such proceeds to the RHEA. The RRHA shall have no obligation to provide any funding of any type beyond the funding which is donated to it by the City for this purpose. Neither the City nor RRHA shall have any liability or obligation with respect to the renovation, improvement, operation or maintenance of the Project or the Roanoke Higher Education Center at any time. RHEA agrees to pay reasonable attorney's fees incurred by RRHA in connection with the preparation and implementation of this Agreement and to reimburse RRHA for all direct cash outlays required to be made by RRHA in connection with the preparation and implementation of this Agreement. The parties agree that administrative costs, such as the cost of preparing or issuing payment checks, shall not be reimbursed. b. Upon execution ofthis Agreement, an initial grant of $250,000 shall be made by the City to the RRHA. The RRHA shall in turn immediately grant the full amount of such grant to the RHEA upon receipt of such grant from the City. c. The remaining $2,250,000 shall be granted by the City to the RRHA to be used for grants to the RHEA in nine equal installments of $250,000 each. Matching funds in the amount of at least $375,000 shall be provided to RHEA from sources other than RRHA or the City for each installment from the City and such matching funds shall be expended by RHEA prior to the City's providing each of the donations or installments set forth above. The RHEA shall submit a request for a grant to RRHA and the City Manager as to each installment supported by detailed documentation establishing that the amount of the City's and RRHA's previous installment has also been expended and the required additional match of$375,000 has been received and expended for the Project. For example, prior to the City's grant to RHEA of the second installment of $250,000 documentation shall be submitted establishing that RHEA has expended $625,000 on the Project (Le.the City's initial grant made upon the execution of this Agreement and the required match of not less than $375,000). A chart setting forth the minimum expenditures required is attached hereto, made a part hereof, and made a part hereof, and marked as Exhibit 1. Each grant installment shall be made by the City to RRHA within ten (10) business days after receipt and approval by the City of a request for a grant installment supported by proper documentation, satisfactory to the City, of expenditures on the Project. The RRHA will grant the full amount of the City grant to the RHEA within five business days of receipt of the funds from the City. d. Notwithstanding anything set forth above, the final installment of $250,000 shall only be granted by the City to the RRHA to be granted to the RHEA within thirty (30) days after completion of the Project and the issuance ofa permanent Certificate of Occupancy for the Project. The obligation of the City to make the final grant installment shall also be conditioned upon RHEA's providing detailed documentation establishing that funds of not less than $5,000,000 have been expended on the Project by RHEA. Section 3. Construction Contract a. Procurement of a contractor for the Project shall be made by the RHEA in compliance with the Virginia Public Procurement Act. Construction is anticipated to commence not later February 1,2000, and shall be completed not later than February 1,2001. b. In addition to other provisions deemed necessary by RHEA, the construction contract shall contain the provisions or substantially similar provisions as follows: (1) Builder's Risk Insurance. The RHEA shall maintain or cause to be maintained adequate builder's risk insurance to include coverage for all damages caused by fire, earthquake and flood. This insurance shall be effective until final acceptance of the work by RHEA. The amount ofbuilder's risk insurance shall be the completed value of the Project. RHEA shall provide or cause to be provided to the City and RRHA a certificate of insurance showing the type, amount and effective date of the policy. The certificate shall name the City of Roanoke and the Roanoke Redevelopment and Housing Authority and their respective officers, agents and employees as additional insureds, and provide that the City and RRHA shall receive thirty (30) days notice of any cancellation, change or reduction of such insurance coverage. (2) Regulations and Permits The Contractor for this Project shall fully comply with all applicable local, state and federal building and fire codes, ordinances, laws and regulations, including without limitation all applicable sections ofthe Occupational Safety and Health Act (OSHA) and the Virginia Uniform Statewide Building Code, and obtain all required licenses and permits and pay all charges and expenses connected therewith. All building permits required by the City of Roanoke in connection with the Project shall be obtained. The Contractor shall verify that all subcontractors on the Project hold all required Virginia contractor licenses and City business licenses. (3) Minority Participation The Contractor for this Project, in all solicitations or advertisements for subcontractors placed by or on behalf ofthe Contractor, will use its best efforts to assure minority contractors of an opportunity to perform a portion of the work on this Project in accordance with applicable laws or regulations. SECTION 4. INDEMNIFICATION To the extent permitted by law, RHEA shall indemnify and hold harmless the City and RRHA and their respective officers, agents and employees, from any and all liability, damages, claims, causes of action, suits of any nature, judgments or settlements advanced against the City or RRHA and for expenses the City or RRHA may incur in this regard, including but not limited to attorney's fees and other costs of defense, arising out of or resulting in any way from RHEA's intentional or negligent actions or omissions with respect to this Agreement or connected in any way with this Agreement. SECTION 5. THIRD PARTY CONTRACTS Neither the City nor the RRHA shall be obligated hereunder to any party other than RHEA. SECTION 6. DISCRIMINATION PROHIBITED In the performance of this Agreement, the parties hereto shall not discriminate against any contractor, subcontractor, vendor, sublessee, employee, applicant for employment or invitee because of race, religion, color, sex or national origin except where race, religion, color, sex or national origin is a bonafide occupational qualification reasonably necessary to the normal operation ofthe parties hereto. RHEA shall cause the foregoing language relating to non-discrimination or substantially similar language to be included in the contact for the construction of the Project. SECTION 7. SEVERABILITY If any part or parts, sections or subsections, sentence, clause or phrase of this Agreement is for any reason declared to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. SECTION 8. COOPERATION Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. SECTION 9. COUNTERPART COPIES This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 10. SUCCESSORS AND ASSIGNS The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 11. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Agreement, RHEA agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia and further agrees that this Agreement shall be governed by, and construed and enforced in accordance withg the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. SECTION 12. NONWAIVER Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any party's waiver of any particular breach of this Agreement by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Agreement and does not bar the nondefaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Agreement or by law. SECTION 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By James D. Ritchie, Acting City Manager ATTEST: Secretary ATTEST: Secretary Approved as to Form City Attorney Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct. # ROANOKE HIGHER EDUCA nON AUTHORITY By Printed Name Title ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY By Printed Name Title Approved as to Execution City Attorney " CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 13, 1999 File #178-200 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34459-090799 authorizing execution of Amendment No. 1 to a Subgrant Agreement between the City and Blue Ridge Housing Development Corporation dated November 2, 1998, for funding to conduct additional housing and community development projects in the City, said Amendment No. 1 to provide for the next installment of property purchases and transfers to Habitat for Humanity and l'ayment of Blue Ridge Housing Development Corporation's operating costs, as more particularly set out in a report dated September 7, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. A~lf~ Mary F. Parker, CMC/AAE City Clerk MFP:lo Attachment pc: Alvin Nash, Executive Director, Blue Ridge Housing Development Corporation, 510 11th Street, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Glenn D. Radcliffe, Director, Human Development Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget H. Daniel Pollock, Jr., Coordinator, Housing Development Vickie S. Tregubov, Grants Monitor, Office of Grants Compliance C:\MyFileslsepl7.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 13, 1999 File #178-200 Willard N. Claytor, Director Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: At a regular meeting ofthe Council ofthe City of Roanoke which was held on Tuesday, September 7, 1999, the Mayor requested 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. . Sincerely, ~ I'v\~lr~ Mary F. Parker, CMC/AAE City Clerk MFP:lo C:\MyFileslsepl7.wpd c,<S) "-. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager, and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No.1 to the 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, said Amendment No.1 to provide for the next installment of property purchases and transfers to Habitat and payment of Blue Ridge Housing Development Corporation's oper~ti~ costs, as more particularly set out in the report to this Council dated September 7, 1999. 2. The amendment shall be approved as to form by the City Attorney. ATTEST: City Clerk. H:\RES\R-AMDNOI-BLUERIDGBHOUSING-SUBGRANT "". RECEIVED CITY ClERI\S OFFICE -gJ AUG 24 P2 :37 Roanoke, Virginia September 7, 1999 99-37 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment No. 1 to CDBG/HOME Agreement with the Blue Ridge Housing Development Corporation (BRHDC) 1. Background: A. 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). B. F or nearly a decade. BRHDC has received HUD and other funding to conduct housing and community development projects in the City. C. Citv Council authorized $115.000 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, by Resolution No. 33830-051198. ThesefundsweretoassistBRHDC's "Loudon-Melrose Community Rebuilding" and "SRO Repair" projects involving construction of two (2) new houses, rehabilitation of three (3) owner-occupied houses and limited, critical repairs to three (3) single-room-occupancy (SRO) facilities. D. City Council approved an additional $60.000 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. 1. 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. This approach was taken to provide an alternative to Habitat's earlier intent to construct 34 houses in the "Westview Terrace" area. 2. The BRHDC agreement specifies that funds will be added in subsequent years until a total of32 properties have been purchased and transferred to Habitat. II. Current Situation: A. BRHDC purchased and transferred the first eight (8) properties to Habitat during the 1998/99 period, as called for under the agreement. B. City Council authorized $66.500 in CDBG and HOME funding for BRHDC as part ofthe Members of Council Page 2 Consolidated Plan Annual Update (Annual Update) approved for submission to HUD on May 11, 1999, by Resolution No. 34281-051199. 1. $60.000 in CDBG funding provides for the next increment of pro pert v purchases for transfer to Habitat. 2. $6.500 in HOME funding provides for BRHDC operating costs associated with this project. C. Authorization from City Council is needed to execute an amendment to the 1998/99 agreement with BRHDC in order to allow for the next installment of property purchases and transfers to Habitat and payment ofBRHDC's operating costs. III. Issues: A. Cost to the City. B. Neighborhood revitalization. C. Timing. D. Consistency with the Annual Update. IV. Alternatives: A. 1. Authorize the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, Amendment NO.1 to the 1998/99 BRHDC Subgrant Agreement (similar in form and content to Attachment 1), approved as to form by the City Attorney. 2. a. Cost to the City will be $60,000 in CDBG funds and $6,500 in HOME funds. The funds are available in accounts 035-000-0020-5071 and 035-090-5307- 5248, respectively. b. Neighborhood revitalization will be enhanced by executing this amendment. Additional vacant and/or deteriorated properties will be made available for development as new or rehabilitated affordable housing. c. Timing is important. Because of the complicated property ownership patterns often encountered, extensive time and effort is required to obtain clear titles. Delays in providing the funds can significantly affect BRHDC's ability to meet the time schedule provided in its agreement with the City. d. Consistency with the Annual Update will be achieved. The activities and Members of Council Page 3 funding covered by this amendment are specifically authorized in the Annual Update for implementation by BRHDC. B. 1. Do not authorize the City Manager or the Assistant City Manager to execute Amendment No.1 to the 1998/99 BRHDC Subgrant Agreement. 2. a. Cost to the City would not be an issue. b. Neighborhood revitalization would not be promoted. c. Timing of the property purchases and transfers would be delayed and might prevent BRHDC from fulfilling performance expectations under its agreement with the City. d. Consistency with the Annual Update would not be achieved, since the BRHDC is specifically identified as the agency which will implement activities and funding covered by this amendment. V. Recommendation: Concur with Alternative A authorizing the Acting City Manager or the Acting Assistant City Manager to execute, and the City Clerk to attest, Amendment No. 1 to the 1998/99 BRHDC Subgrant Agreement (similar in form and content to Attachment 1), approved as to form by the City Attorney. Respectfully submitted, ~~ <u {2:.t.J~ Ja~ D. Ritchie Acting City Manager JDR:feb c: Acting Assistant City Manager City Attorney Director of Finance Acting Director of Public Works Director of Human Development Acting Budget Administrator Housing Development Coordinator Office of Grants Compliance Executive Director, BRHDC Attachment 1 AMENDMENT No.1 This Amendment No.1 is made and entered into this _ day of ~ 1999, by and between the City of Roanoke (the Grantee) and Blue Ridge Housing Development Corporation, Inc.(the Subgrantee). WITNESSETH: WHEREAS, by Resolution No. 34066-110298, Roanoke City Council approved the execution of a subgrant agreement (" Agreement") between the Grantee and the Subgrantee and, by Ordinance No. 34065-110298, appropriated additional funds therefor; and WHEREAS, by Resolution No. , Council authorized Amendment No. 1 to the Agreement; NOW THEREFORE, the Grantee and the Subgrantee do mutually agree to amend the Agreement as follows Attachment A ("1998/99 BRHDC CDBG/HOME Agreement Financial Accounts") of the Agreement is revised to increase budgeted funds by $66,500. Specifically, $60,000 in CDBG "project funds" in have been added under account 035-GOO-0020-5071 and $6,500 in HOME "operating funds" have been added under account 035-090-5307-5248. The Agreement, dated November 2, 1998, shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment NO.1 as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk City Manager/Assistant City Manager ATTEST: FOR THE SUBGRANTEE: By By Cyndi Stultz, Secretary Alvin Nash, Executive Director APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney Page 1 of 3 APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Director of Finance Assistant City Attorney Date Account # (See Attachment A) Page 2 of 3 Attachment A '') 1998/99 BRHDC CDBG/HOME Agreement ("Loudon-Melrose Community Rebuilding Initiative" and "SRO Repair") Financial Accounts Account # Descriotion Proiect Supoort Admin Total CDBG Funds: 035-095-9520-5107 SRO Repair 1,559 1,559 035-097 -9720-5107 SRO Repair 10,910 10,910 035-098-9820-5107 SRO Repair 2,531 2,531 Total Activity 15,000 15,000 035-094-9420-5071 Loudon-Melrose Rebldg./Habitat 1,951 1,951 035-098-9820-5071 Loudon-Melrose Rebldg. /Habitat 58,049 58,049 035-098-9820-5071 Loudon-Melrose Rebldg./Habitat 60,000 60,000 035-099-9920-5071 Loudon-Melrose Rebldg. 50,000 50,000 Total Activity 170,000 170,000 Total CDBG Funds 185,000 185,000 Account # Descriotion Proiect Suooort Operating Total HOME/CHDO Funds: 035-090-5306-5345 Loudon-Melrose Rebldg 46,566 46,566 035-090-5321-5345 Loudon-Melrose Rebldg 3,434 3,434 Total Activity 50,000 50,000 035~90-5307-5248 CHDO Operating 6,500 6,500 Total HOME Funds 50,000 6,500 56,500 TOTAL CDBG and HOME/CHDO FUNDS 235,000 6,500 241,500 Page 3 of 3 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #60-67-121-305 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34460-090799 amending and reordaining certain sections of the 1999-00 General Fund Appropriations, providing for reappropriation of funds totaling $24,399.00 previously appropriated in the fiscal year 1998-99 General Fund budget. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, ~ /1_ /} A_ J.A- , '\' ~ 7, ~ -- Mary F. Parker, CMC/AAE City Clerk MFP:js Attachment pc: James D. Ritchie, Sr., Acting City Manager Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget George M. McMillan, City Sheriff Glenn D. Radcliffe, Director, Human Development Robe.rt K. Bengtson, Acting Director, Public Works C:\MyFileslsepl7.wpd ~'(\\ . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. No. 34460-090799. AN ORDINANCE to amend and reordain certain sections of the 1999-00 General 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 1999-00 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Public ~afety $ 22,691,408 Jail (1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,139,218 Juvenile Detention Center (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,426,800 Crisis Intervention (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520,861 Community Development $ 3,294,299 Memberships and Affiliations (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,773,732 Fund Balance Reserved for CMERP (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,800,857 1) Expendable Equipment 2) USDA - Expenditures 3) USDA - Expenditures . 4) Mill Mountain Zoo 5) Reserved for CMERP (001-024-3310-2035) (001-054-3320-3000) (001-054-3360-3000) (001-002-7220-3701 ) (001-3323) $ 6,500 882 936 16,081 (24,399) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effed from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFICE '99 ~ -1 P5:11 Roanoke, Virginia September 7, 1999 99-39 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Re-Appropriation of Funds Previously Appropriated in Fiscal Year 1998- 99 General Fund Budget I. Background: A. City Council aptlropriated funding in the amount of $8.534.799 for the City Jail with the adoption of the FY 1998-99 General Fund Budget. B. 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 the Crisis Intervention Center. C. City Council appropriated $53.700 from the Capital Maintenance and Equipment Replacement Program (CMERP) in FY 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. A portion of this remained unobligated at the close ofFY 1998-99. II Current Situation: A. Funding in the amount of $6.500 for the City Jail was unobligated at the close of FY 1998-99. 1. The unobligated funding needs to be re-appropriated for the purchase of bullet proof vests for the protection of deputy sheriffs who perform judicial document services and transport inmates. 2. Funding was not obligated at the close of FY 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. B. USDA revenue exceeded USDA expenditures in the amount of $882 for the Juvenile Detention Center for FY 1998-99 and $936 for the Crisis Intervention ~enter . 1. USDA revenue must be used for eligible USDA expenditures. 2. The unused funding needs to be re-appropriated to FY 1999-00. C. Funding in the amount of $16.081 for Mill Mountain Zoo was unobligated at the close ofFY 1998-99. The unobligated funding needs to be re-appropriated to FY 1999-00 to provide funding for costs associated with the construction of animal exhibit pens at the Mill Mountain Zoo. III. Issues: A. Completion of Program Services B. Funding IV. Alternatives: A. City Council re-appropriate funds previously aporopriated in FY 1998-99 General Fund Budget. 1. Completion of programs and services budgeted in the FY 1998-99 General Fund Budget will be provided for in FY 1999-00. 2. Funding is available in the FY 1998-99 year-end fund balance. B. City Council not re-approoriate funds previously aopropriated in FY 1998-99. 1. Completion of programs and services budgeted for in the FY 1998-99 General Fund Budget will not be provided for in FY 1999-00. 2. Funding will not be an issue. V. Recommendation is that City Council concur with Alternative A and take the following specific actions: Appropriate funding in the amount of $24.399 from the year-end fund balance (CMERP) to the following accounts: Total: $ 6,500 $ 882 $ 936 $16.081 $24.399 001-024- 3310-2035 Expendable Equipment 001-054-3320-3000 USDA-Juvenile Detention 001-054-3360-3000 USDA-Crisis Intervention 001-002-7220-3701 Mill Mountain Zoo '''\ c~su~ J4~~ Ritchie Acting City Manager cc: Acting Assistant City Manager Acting Budget Administrator City Attorney City Clerk City Sheriff Director of Finance Director of Human Development Acting Director of Public Works CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #60-237 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34461-090799 amending and reordaining certain sections of the 1999-00 Capital Projects Fund Appropriations, providing for transfer of $808,000.00, in connection with the Roanoke River Flood Reduction Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, () ^~J. (~ Mary F. Parker, CMC/ AAE City Clerk MFP:js Attachment pc: Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations The Honorable Sherman A. Holland, Commissioner of the Revenue Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. D. Roupe, Manager, Office of Supply Management C:\MyFileslsepl7.wpd ''\, CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerls Sandra H. Eakin Deputy City Clerk September 20, 1999 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 Tuesday, September 7, 1999, the Mayor questioned whether the City is monitoring usage of the Roanoke River. The matter was referred to you for appropriate response. Sincerely, R Ih~ 1. ~- Mary F. Parker, CMC/ME City Clerk MFP:lo pc: Kit B. Kiser, Director, Utilities and Operations C:\MyFileoIoept7. t.wpd ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. No. 34461-090799. AN ORDINANCE to amend and reordain certain sed ions 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: ADDrQDriatlons Other Infrastrudure Roanoke River Flood Redudion (1) ..............:........... $ 21,314,443 4,935,667 1) Appropriated from General Revenue (008-056-9620-9003) $ 808,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. ~. RECEIVED CITY CLERKS OfFICE September 7, 1999 Council Report No. 99-152 Honorable Mayor and Members of City Council P 2 '.37 Roanoke, Virginia '99 AUG 24 Dear Mayor Bowers and Members of City Council: Subject: APPROPRIA TION OF BUDGETED AMOUNT TO ROANOKE RIVER FLOOD REDUCTION PROJECT I. Backaround on the subject in chronological order is as follows: A. A $7.5 million bond referendum was oassed in 1989 to orovide oartial fundina for this oroiect. and a utility tax was established to pay the debt service for the bond. B. Local Coooeration Aareement (LCA) was executed with the Army Corps of Engineers on June 25, 1990 to construct this project. C. Commitment to fund under the LCA was 5% local cash match for project and construction costs, 100% for lands and easements, 100% for relocation costs, and 50% for the recreation trail. D. $808.000 was included in transfers to Caoital Proiects Fund as Dart of the aooroved General Fund budaet for fiscal year 2000 in support of this project. II. Current situation is as follows: A. Budaeted fundina of $808.000. needs to be transferred to the Capital Projects Fund and appropriated in the proper Capital Projects Fund account. III. Issues in order of importance are as follows: A. Costs B. Fundina available C. Proiect accountina IV. Alternatives in order of feasibility are as follows: A. Council aoorove the transfer of $808.000 from General Fund account number 001-004-9310-9508, and appropriation to Capital Projects Fund account number 008-056-9620-9003, Roanoke River Flood Reduction. 1 . Costs for the local share of this project are estimated to be approximately $15.5 million (including Hannah Court and Piedmont St. properties). There is a current unobligated balance of approximately $5 million in the project accounts. At the appropriate time, when construction or property acquisition costs exceed the current balance, the previously approved bond issue of $ 7.5 million will be issued. H:IUSERIENGGJRICDUNCllIRRFRP. WPD Honorable Mayor and Members of City Council APPROPRIATION OF BUDGETED AMOUNT TO ROANOKE RIVER FLOOD REDUCTION PROJECT September 7, 1999 Page 2 2. Fundino available in the adopted FY2000 General Fund Budget as previously identified, will be placed in the proper account to provide funds for preliminary project expenses and land acquisition until such time as major construction begins and bonds are issued. 3. Proiect accounting requires that available funds be placed in the proper account. B. Council choose not to transfer the available funds to the appropriate project account. 1. Costs will not change. 2. Fundina available will remain in the General Fund until some disposition is approved by Council. 3. Proiect accountino is a moot issue. V. Recommendation is that City Council concur in Alternative A, and take the following action: A. Transfer $808.000 from General Fund account number 001-004-9310-9508 to the Capital Projects Fund, and appropriate the same in Capital Projects Fund account number 008-056-9620-9003, Roanoke River Flood Reduction. JDR/JGR/jgr Respectfully submitted, ~~~ Ja s D. Ritchie Acti City Manager c: City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Acting Budget Administrator Manager, Office of Supply Management Commissioner of Revenue H:IUSERIENGGJRICOUNCILIRRFRP. WPD CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #60-159-294 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34462-090799 amending and reordaining certain sections of the 1999-00 General Fund, Water Fund, Sewage Treatment Fund and Capital Projects Fund Appropriations, providing for appropriation of funds in connection with an amendment to the agreement with the U. S. Army Corps of Engineers for a Mapping Project. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, () /1.. . I} r(AJ\ L ~~ , y\.~ 7. ~-- Mary F. Parker, CMC/AAE City Clerk MFP:js Attachment pc: Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations The Honorable Sherman A. Holland, Commissioner of the Revenue Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. D. Roupe, Manager, Office of Supply Management C:\MyFilesIsept7.wpd y..~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. NO. 34462-090799. AN ORDINANCE to amend and r80rdain certain sedions of the 1999-2000 General Fund, Water Fund, Sewage Treatment Fund and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 General Fund, Water Fund, Sewage Treatment Fund and Capital Projects Fund Appropriations, be, and the same are hereby, amended and r80rdained to read as follows, in part: General Fund Nondepartmental Transfers to Other Funds (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 61,488,289 60,270,950 Fund Balance Reserved for CMERP - City (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 3,686,856 Water Fund ADorooriations Capital Outlay (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 3,169,430 Retained Earninas Retained Earnings (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 31,044,920 Sewaae Treatment Fund Aoorooriations Capital Outlay (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 10,713,606 Retained Earninas Retained Earnings - Unrestrided (6). . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 29,653,281 CaDital Proiects Fund Aoorooriations Other Infrastrudure $ 20,518,943 Corp of Engineering Mapping Project (7) . . . . . . . . . . . . . . . . . . . . . . . . 112,500 1) Transfer to Capital Projects Fund (001-004-9310-9508) $ 12,500 2) Reversed for CMERP - City (001-3323) (12,500) 3) Corps of Engineers Mapping Project (002-056-2178-9041 ) 6,250 4) Retained Earnings (002-3336) ( 6,250) 5) Corps of Engineers Mapping Project (003-056-3175-9041 ) 6,250 6) Retained Earnings (003-3336) ( 6,250) 7) Appropriated from General Revenue (008-056-9654-9003) 12,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEI'v E.O CITY CLERKS OFFICE "99 AUG 24 P2 :37 September 7, 1999 Council Report No. 99-153 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CORPS OF ENGINEERS MAPPING PROJECT I. Background on the subject in chronological order is as follows: A. City Council authorized execution of an agreement with the U.S. Army Corps of Engineers at its meeting of June 12. 1995. This agreement provided for preparation of topographic and orthophoto maps of the city under the Planning Assistance to States Program. City Council authorized the agreement for the second phase of the project at its meeting on April 21, 1997. B. The Planning Assistance to States Program provides for federal matching funds to help localities suPport mapping and flood planning activities. A five year program to provide digital topographic and orthophoto maps of the City was developed with the U.S. Army Corps of Engineers. The first year of this project has been successfully completed and mapping coverage for the northern one third of the City has been completed and received by the City. Approximately 70 percent of the second phase mapping has been completed. The third year of the program will complete topographic mapping ofthe City. Mapping ofthe water and sewer systems will occur in the fourth and fifth year of the program. Roanoke County has participated in a similar project with the Corps of Engineers. C. The City has provided a total of$200.000 in funding in FY 1995-1996 and FY 1998- 1999 to support this project. This amount has been matched with Federal funding. II. Current situation is as follows: A. 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 the map errors and develop appropriate solutions. B. An amendment to the agreement between the Cor.ps of Engineers and the City is needed to authorize the 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 percent of the cost with the remaining 50 percent shared equally by the City of Roanoke and Roanoke County. The maximum City financial liability under the proposed agreement amendment is $25,000. Honorable Mayor and Members of City Council CORPS OF ENGINEERS MAPPING PROJECT September 7, 1999 Page 2 III. Issues in order of importance are as follows: A. Need B. Cost C. Compatibility D. Timing E. Funding IV. Alternatives in order of feasibility are as follows: A. The City Manager has authority to execute the agreement amendment: however. funding needs to be appropriated to support the agreement amendment. 1. Need to update city maps with current technology is satisfied. 2. Cost to the City of the agreement amendment is one quarter ofthe total cost. Matching federal or state grant funds pay one half of the cost. The remaining cost is assumed by Roanoke County. 3. Compatibility of map products is assured. All map products are fully compatible with any future geographic information system that the city may implement. 4. Timing is critical to continue progress of digital map program. 5. Funding to support the City's share of the cost is available to be transferred to an account titled Corps of Engineers Mapping Project as follows: Water Fund Sewer Fund CMERP (FY 1998-99) $ 6,250 6,250 12.500 $25.000 B. Do not provide funding to support the agreement amendment. 1. Need to update city maps with current technology may not be satisfied. 2. Cost of the agreement amendment is not an issue. Honorable Mayor and Members of City Council CORPS OF ENGINEERS MAPPING PROJECT September 7, 1999 Page 3 3. Compatibility of map products is assured. All map products are fully compatible with any future geographic information system that the city may implement. 4. Timing is delayed. The project may be delayed or never completed depending on availability of federal funding. 5. Funding to support the City's share ofthe cost will remain available but may be used for other purposes. V. Recommendation is as follows: City Council concur in Alternative "A" and take the following action: A. Appropriate $6.250 from the Water Fund prior year retained earnings into account 002-056-2178-9041 Corps of Engineers Mapoing Proiect. $6.250 from the Sewer Fund prior year retained earnings into account 003-056-3715-9041 Corps of Engineers Mapping Proiect and appropriate $12.500 from the FY 1998-99 Capital Maintenance and Equipment Replacement Fund to account 008-056-9654-9003 Corps of Engineers Mapping Proiect. Respectfully submitted, ~ ~.~ J e D. Ritchie Acti g City Manager JDR/PCS/bs c: City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue CITY OF ROANOKE Office of the City Clerk Mar)- F. Parker, CMC/AAE City Clerk September 14, 1999 File #30-392 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: Sandra H. Eakin Deputy City Clerk I am attaching copy of Ordinance No. 34464-090799 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, 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. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, ~ /""\.. ~ I} a A. L .J",,-- , ~ fI:/. -~- Mary F. Parker, CMC/AAE City Clerk MFP:js Attachment pc: James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator C:\MyFilesIsept7.wpd ~ \)+/,\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1999. No. 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. WHEREAS, the Council of the City of Roanoke authorized acquisition of the necessary property rights for Railside Linear Park by negotiation or eminent domain on October 7, 1996, by Ordinance No. 33148-100796; WHEREAS, the Council of the City of Roanoke affirmed its intent to authorize acquisition ofthe necessary property rights for Railside Linear Park by negotiation or eminent domain on June 7, 1999, by Ordinance No. 34331-060799; WHEREAS, the City is still negotiating with the two remaining property owners as identified in an attachment to the September 7, 1999, report to the Council of the City of Roanoke; and WHEREAS, this is an important City project and negotiations with property owners must be finalized in order for this project to proceed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Railside Linear Walk - Phase I Project, the City wants and needs fee simple interest, permanent easements, together with temporary construction easements and rights of ingress and egress, rights-of-way, licenses or permits, as more specifically set forth in the report and attachments thereto from the Acting City Manager dated September 7, 1999, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests, for such consideration as the Acting City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. Upon the acceptance of the City's offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director ofPinance is directed to pay the agreed upon consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of the real estate in which an interest is required or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to ~25-46.8, Code of Virginia f19.50), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. 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-RSLW-LEO-ZlM-99 RECEIVED CITY CLERKS OFFICE W AUG 24 P2 :37 September 7, 1999 Council Report No. 99-156 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: PROPERTY RIGHTS ACQUISITION RAILSIDE LINEAR PARK - PHASE I I. Backaround in chronological order is as follows: A. City Council authorized acquisition of the necessary property rights forthe project by negotiation or eminent domain on October 7, 1996, by Ord. No. 33148-100796. B. The proiect will enhance the public's accessibility to downtown attractions by providing a connection between the market area and the Transportation Museum. II. Current Situation is as follows: A. Deeds have been recorded for the necessary property rights on eight parcels. B. Neaotiations with the owners of the remaining three parcels have not been successful. Two of the parcels (#1010306 & # 1010307) are owned by Mr. Robert E. Zimmerman, et UX, the other parcel (#1010304) is owned by Mr. James D. Leonard, et UX. C. Both property owners have made a claim to property at the rear of their buildings, which was thought to be owned by Norfolk Southern. Norfolk Southern has conveyed to the City by quitclaim deed any interest it may have had in the property behind Warehouse Row. See attached plats. D. Current plans for the proiect include pavina the area behind Warehouse Row to provide public street access to the rear of these buildings which will be restricted by the construction of the walkway on the front. J Honorable Mayor and Members of City Council CONDEMNATION OF PROPERTY RIGHTS RAILSIDE LINEAR PARK - PHASE I September 7, 1999 Page 2 E. Authority to condemn property riahts at the rear of Warehouse Row was not specifically included in previous reports because it was thought to be owned by Norfolk Southern. III. Issues in order of importance are: A. Need B. Timina C. Fundina IV. Alternatives in order of feasibility are: A. City Council authorize the City Manager to take appropriate action to acquire all property rights necessary for the construction of the project, more specifically shown on the attached plats, in a form acceptable to the City Attorney. Said property rights may be acquired by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-ot-way, licenses or permits, etc. 1. Need tor property rights acquisition has been established by development of construction plans. 2. Timina to acquire property rights, by eminent domain it necessary, is critical to avoid further delay in construction of the project. 3. Fundina is available in Railside Linear Park - Phase II account number 008-052-9717-9050, as a result ot City Council's previous appropriation. B. City Council does not authorize the City Manager to take appropriate action to acquire all property rights necessary for the construction of the project, in a torm acceptable to the City Attorney. 1. Need tor property rights acquisition established by development of construction plans would not be met. Honorable Mayor and Members of City Council CONDEMNATION OF PROPERTY RIGHTS RAILSIDE LINEAR PARK - PHASE I September 7, 1999 Page 3 2. Timinq to acquire property rights, by eminent domain if necessary, to avoid further delay in construction of the project would not be met. 3. Fundinq would remain in the account. V. Recommendation is as follows: City Council concurs with alternative "A" and authorizes the City Manager to take appropriate action in order to accomplish the acquisition of all property rights necessary for the construction of the project, more specifically shown on the attached plats, in a form acceptable to the City Attorney. 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. Respectfully submitted, ~~(2io ~~s ~.. Ritchie Acting City Manager JDR/KBKlSEF Attachments cc: City Attorney Director of Finance Acting Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations Acting Budget Administrator City Engineer Engineering Coordinator NOTEt3: 1 THIS pu.r IS Br06ED UPON AN ~ FlEW 5U1iM:'!'. 2. THIS pu.r WIIS PREPN?ElJ WfTHOUT THE 8ENEFIT OF,... TTTLE REPORT ANO MolY NOr INCWOE /ILi.. EMCUMlNWVCES ON THE PROPERTY. ". UNLE!!J5 STJl.TED OTHEIlWISE THE CORNEllS OF THE PROPERTY NXJUISfTlON N?E THE ~ BUiLDiNG CORNERS AND/OR POINTS ON THE FACE OF THE /W11..OtNG. 4. 1P5 - STEEL RE/JJO.R WfTH REO P/.MT1C C'N' STN.tPED 'HtJMtiI PROP coRNER" SET. 5. THIS PROPERTY UES WfTHIN ZONE ',...' SPECIN.. R.OOO H#tZNtD ~ /IILINDllTEO 8Y 1oo-YSAR FLOOD lIS SHOWN ON FEMA. FLOOD lN6UfWlCE /tATE M'IP {#o'TEO 0CT08ER 15, 1~. NOItf'OI.J( ND ItI!Im9lW ~y COI#'NIr' ~ ~; ~~ ~~ Il>~ ~ --------------------------------------------- CONCflETE DOC/( P.L TERfC'r' M'IP UNE Jl.PPROX/M4. TE l.OC.A nON OF 12' BRICK N?CH CULVERT arr~~_ _ INST. ~ N01"02'16"E 5.67' CONCRETE ooc/( "': ":,,,::' :'....:....,'.:.:.::......:...:.....:...:.:..::.:....:...~..:.:.....:...:.:.:....:..,.:....:...':.... OFFICIN.. SUfNEY. S.w. 1 UNE ......,....,. ..:...'...'."'..SM47-"lFi..'.;O:/}/'....:.....'...:." :"""""":"';;;~;1"O'E' ~"7 .......:.'..:..,....".. .,'..........:....:....:...".....:....,'....:....:... 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ON U. ...... 0.40' !flOItJ COflNBt NOI,'.E 7.~' HVI. I DItJIC !JET IN ~VINI!NT NIJI1"4IJ'24.W _---~ .3..51' ....... ........ 170 SQ. FT. TO BE ACQUIRED \ \ \ ,-----,---- ftE'MED: 1 ~ NtJ4IE1.eER 1 SI&lI!J OFFICE OF CITY ENGINEER VIRGINIA ROANQCE ""',.. M4Y, W4TTBfN I W4~ INC. ARCHITECT5 - EN61NEE1tS - Pl.N#oJEltS '" 1.5 FflN<<LJN /t()\D, S. W. /tOWOI(E, VfItSNlA ~T MKJWNS ~~'T TO . NXJIJIItED FfItOItI ..Nt8 D. I.SXNt&I AM' \oIXI H. L/!ONVtD LOT 4 P.L. TE1t1t'f MY, AL80 ~ LOT 4 ~ SUfNE'f S.w. 1 CITY OF ItOYIOICE. ~~ SCALE: 1--20' ~ DAlE: 1 ~Y 1S1&l1!J ~r,\ u.J ld PlAN NO. ~ CITY EHG~N"JjiJ'~ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #468 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34465-090799 authorizing issuance of Change Order No.8 to the City's contract with Danis Environmental Industries, Inc., in the amount of $27,256.00, for upgrade and expansion of the Water Pollution Control Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, ~ /l.. f ~ L "'~ , '\. ~ 7. ~.. Mary F. Parker, CMC/ AAE City Clerk MFP:js Attachment pc: Danis Environmental Industries, Inc., 1525 Underhill Avenue, S. E., Roanoke, Virginia 24014 Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 B. Clayton Goodman, III, Town Manager, Town of Vinton, 311 South Pollard Street, Vinton, Virginia 24179 Elmer C. Hodge, County Administrator, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018 Gerald A. Burgess, County Administrator, Botetourt County, 1 West Main Street, Box 1, Fincastle, Virginia 24090-2002 , , C:\MyFileslsepl7.wpd James D. Ritchie, Sr. September 14, 1999 Page 2 pc: Tom Henderson, Director, Department of Environmental Quality, 3019 Peters Creek Road, N. W., Roanoke, Virginia 24014 Malcolm Pirnie, Inc., 11832 Rock Landing Drive, Suite 400, Newport News, Virginia 23606 Mattern & Craig Consulting Engineers/Surveyors, 701 First Street, S. W., Roanoke, Virginia 24018 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 Ellen S. Evans, Construction Cost Technician Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget Steven L. Walker, Manager, Water Pollution Control Plant Alicia F. Stone, Accountant, Contracts and Fixed Assets D. D. Roupe, Manager, Office of Supply Management C:\MyFileslsepl7.wpd A" J~' I, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1999. No. 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. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Acting City Manager or the Acting Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, 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, all as more fully set forth in the report to this Council dated September 7, 1999. 2. The Change Order will provide authorization for additions and deletions in the work with an increase in the amount of $27,256 to the contract dated September 18,1997, all as set forth in the above report. 3. 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. RECEIVED CITY CLERKS OFFICE September 7, 1999 Council Report No. 99-160 W AUG 27 AlO :09 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO.8 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA I. Backaround on the subject in chronological order is as follows: A. Proiect consists of the uparade and expansion of the Water Pollution Control Plant to 62,000,000 gallons treatment capacity per day. B. Contractor for this proiect is Danis Environmental Industries. Inc., of Dayton, Ohio. C. Contract amount awarded bv City Council on August 4, 1997, with a contract date of September 18, 1997, was $16.690.000 with a specified time of 730 consecutive calendar days. The date of the Notice to Proceed was October 29, 1997. D. Chanae orders to date are as follows: Original Contract Amount Change Order No. 1 (approved July 6, 1998) Change Order No. 2 (approved August 17, 1998 and seven additional calendar days) Change Order No.3 (approved October 19, 1998) Change Order No.4 (approved December 21, 1998) Change Order No.5 (administratively approved February 11, 1999) Change Order No.6 (approved May 6, 1999) Change Order No. 7 (approved June 21, 1999) $16,690,000 100,513 65,782 52,317 38,279 8,762 56,859 71.028 Current total amount of Contract $17.083.540 Completion date is November 5, 1999. Honorable Mayor and Members of City Council CHANGE ORDER NO.8 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA September 7, 1999 Page 2 II Current situation is as follows: A. The followino additional items have been identified as part of the required work on this project and need to be approved for payment. 1. Chlorine building annunciator had to be replaced from the Chlorine Building to the Main Office. $ 4,024 2. Provide and install 60" pipe spool piece at Influent Pump Station (ductile iron). $ 8,688 3. Fifteen (15) 4" relief valves/flame arrestor units for existing digestors; in lieu of 8" material originally ordered. ($ 6,626) 4. Provide material for a waste gas burner system. The present burner has not worked for some time. This is required by OSHA, EPA and also by the City's Risk Management personnel. $ 21,170 B. Total amount of ChanCle Order No.8 is $27.256. Malcolm Pirnie, Inc. and Mattern and Craig, Inc., engineers for this project, have reviewed these changes and have recommended them to the City of Roanoke for payment. III. Issues in order of importance are as follows: A. EnoineerinCl concerns B. FundinCl C. Time of Completion IV. Alternatives in order of feasibility are as follows: A. Approve the issuance of ChanCle Order No.8 to contract with Danis Environmental Industries, Inc. for the Upgrade and Expansion of the Water Pollution Control Plant Project in the amount of $27.256 and no additional calendar days. Honorable Mayor and Members of City Council CHANGE ORDER NO.8 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA September 7, 1999 Page 3 1 . Enaineerina concerns as previously described would be met in a timely manner. 2. Fundina is available in Account No. 003-056-8475-9065 in the amount of $27.256 due to budgeting for contingency in Budget Ordinance No. 33539-080497. Total of project contingency after Change Orders No.1 through 7 is $978.992. 3. Time of completion would remain the same, November 12, 1999. B. Reiect the issuance of Chanae Order No.8: 1 . Enaineerina concerns would not be met in a timely manner. 2. Fundina would not be encumbered. 3. Time of completion would not change with either alternative. V. Recommendation is as follows: City Council concur in alternative "A" and take the following action: A. Authorize the Actina City Manaaer to issue Chanae Order No.8 to the contract, dated September 18, 1997, with Danis Environmental Industries, Inc. for the Upgrade and Expansion of the Water Pollution Control Plant Project in the amount of $27.256 and no change in the contract time of completion. The total contract amount would then be $17.110.796 with the completion date remaining November 12, 1999. B. Proportional share to each iurisdiction would be as follows: City of Roanoke County of Roanoke City of Salem County of Botetourt Town of Vinton 37.3% 29.2% 20.9% 7.0% ~% $10,166.49 7,958.75 5,696.50 1,907.92 1.526.34 Total of Change Order No.8 100% $27.256.00 Honorable Mayor and Members of City Council CHANGE ORDER NO.8 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA September 7, 1999 Page 4 C. Amount of continaencv fund remainino is $951,736. Respectfully submitted, l:~Ch~ Acting City Manager JDR/LBC/fm Attachments cc: City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Acting Budget Administrator Manager, Office of Supply Management Commissioner of Revenue CITY OF ROANOKE Office of the City Clerk Mal:. F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #60-72 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34466-090799 amending and reordaining certain sections of the 1999-00 General Fund Appropriations, providing for appropriation of$35,000.00, in connection with implementation of the local CHild Care Quality Initiative Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, () ^~ ! r AJ..~ Mary F. Parker, CMC/ AAE City Clerk MFP:js Attachment pc: James D. Ritchie, Sr., Acting City Manager Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Superintendent, Social Services Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C\MyFileslsepl7. wpd ~'^'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. No. 34466-090799. AN ORDINANCE to amend and reordain certain sections of the 1999-00 General 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 1999-00 General Fund Appropriations, be, and the same are hereby, amended and r80rdained to read as follows, in part: ADDroDriatlons Health and Welfare Social Services (1) . . . . . . . . .:'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,694,929 8,503,484 Revenue Grants-in-Aid Commonwealth Social Services (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,332',193 18,856,753 1) Child Day Care Quality Initiative 2) Child Day Care Quality Initiative (001-054-5314-3156) (001-020-1234-0700) $ 35,000 35,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effed from its passage. ATTEST: City Clerk. R k V. .. RECEIVED oano e, lrg1ID6ITY CLERKS OFFICE September 7, 1999 #99-714 "99 AUG 24 P2 :37 The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: LOCAL CHILD CARE QUALITY INITIATIVE PROGRAM I. BACKGROUND A. The Virginia Department of Social Services has allocated funding to local departments of Social Services for child care quality initiative programs. These funds are available to enable implementation of initiatives to develop, enhance, and strengthen the quality of care delivered to children. B. Roanoke City Department of Social Services submitted a local plan requesting funding in the amount of$35.000. The goal is to improve the quality ofin-home day care programs and ensure that it is appropriate to the individual child's needs and age group. Social Services plans to provide training, technical assistance, and supportive services to meet day care providers' needs identified through an assessment process. Recruitment of providers will be targeted to areas of identified needs. Consumer education for parents will be coordinated with provider training so those parents will be educated to recognize quality care. II. CURRENT SITUATION A. The Virginia Department of Social Services (V ADSS) has approved Roanoke City's local Child Care Ouality Initiative Plan and allocated funding in the amount of$35.000. These funds do not require a local match. The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia September 7, 1999 #99-714 Page Two III. ISSUES A. Services to Citizens. B. Funding. IV. ALTERNATIVES A. Appropriate $35.000 to Child Care Ouality Initiative cost center 001-054-5314- 3156 in order to implement the local Child Care Quality Initiative Program. Increase the General Fund Revenue estimate by $35,000 in Child Care Quality Initiative account number 001-020-1234-0700. 1. Services to Citizens. Child care providers will receive training, technical assistance, and supportive services that will enhance the quality of care received by children in Roanoke City. 2. Funding. There is no local match required to accept the Child Care Quality Initiative allocation. B. Do not appropriate $35.000 to Child Care Ouality Initiative cost center 001-054- 5314-3156 in order to implement the local Child Care Quality Initiative Program. Do not increase the General Fund Revenue estimate by $35,000 in Child Care Quality Initiative account number 001-020-1234-0700. 1. Services to Citizens. Child care providers will not receive training, technical assistance, and supportive services that will enhance the quality of care received by children in Roanoke City. 2. Funding. Roanoke City will not be able to accept the Child Care Quality Initiative funding. The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia September 7, 1999 #99-714 Page Three V. RECOMMENDATION A. City Council concur with Alternative A to appropriate $35.000 to Child Care Ouality Initiative cost center 001-054-5314-3156 in order to implement the local Child Care Quality Initiative Program. Increase the General Fund Revenue estimate by $35,000 in Child Care Quality Initiative account number 001-020- 1234-0700. Respectfully submitted, ~ att- J es D. Ritchie, Sr. Ac mg City Manager cc: William M. Hackworth, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Sherman Stovall, Acting Budget Administrator CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #22-60-72 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34468-090799 authorizing the City Manager to continue the services of the Outstationed Eligibility Worker position at the Roanoke City Health Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, ~ ~- ~ ~~~i~~ , ^-~ 7. -~-- Mary F. Parker, CMC/AAE City Clerk MFP:js Attachment pc: Molly Rutledge, M. D., Health Department James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Superintendent, Social Services Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:\MyFileslsepI7. wpd ytC IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1999. No. 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. WHEREAS, 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 ensure that all citizens have an opportunity to apply for Medicaid; WHEREAS, the services of the Outstationed Eligibility Worker are beneficial to both citizens and the Health Department in that it respectively allows citizens requesting services from the Health Department to apply for Medicaid at the same time, thereby making'.the application process more accessible and efficient, while enabling the Health Department to maximize Medicaid revenue; WHEREAS, this program is also beneficial to the Department of Social Services in that it is provided an eligibility worker at no cost for salary and benefits; WHEREAS, the City Manager has recommended the continued services of the Outstationed Eligibility Worker in a report dated September 7, 1999. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Acting City Manager is hereby authorized to continue the services of the Outstationed Eligibility Worker at the Roanoke City Health Department, pursuant to the terms and conditions contained in the report to this Council dated September 7, 1999. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #22-60-72 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34467-090799 amending and reordaining certain sections of the 1999-00 Grant Fund Appropriations, providing for appropriation of$30,451.00, for continuation of the Outstationed Eligibility Worker position at the Roanoke City Health Department. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. ~Y~}.f~ Mary F. Parker, CMC/AAE City Clerk MFP:js Attachment pc: James D. Ritchie, Sr., City Manager Molly Rutledge, M. D., Health Department Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Superintendent, Social Services Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:\MyFileslsepl7. wpd 1"\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. No. 34467-090799. AN ORDINANCE to amend and reordain certain sections of the 1999-00 Grant 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 1999-00 Grant Fund Appropriations, be, and the same are hereby, amended and r80rdained to read as follows, in part: ADproDriatlons Health and Welfare Medicaid Eligibility Worker - FYoo (1 - 7) . . . . . . . . . . . . . . . . . . . . . . . $ 3,779,214 30,451 Revenue Health and Welfare Medicaid Eligibility Worker - FYoo (8) . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,779,214 30,:451 1) Salaries (03~54-517 4-1002) $ 24,140 2) ICMA - RC Retirement (O~54-5174-1115) 2,173 3) ICMA Match (03~54-5174-1116) 390 4) FICA (O~54-5174-1120) 1,847 5) Health Insurance (O~54-5174-1125) 1,656 6) Dental Insurance (O~54-5174-1126) 185 7) Disability Insurance (035-054-5174-1131) 60 8) State Grant Receipts (035-054-5174-5174) 30,451 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED Roanoke, VirgiBiiY CLERKS OFFICE September 7, 1999 #99-715 "99 AIJG 30 P 3 :08 The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: FUNDING FOR RESTRICTED ELIGmILITY WORKER POSITION I. BACKGROUND A. 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 Roanoke City Health Department to assure that all citizens have an opportunity to apply for Medicaid. The Agreement remains in effect until modified by mutual consent or operation of law (see attachment). B. The service has been in operation for five years. Each year, the Health Department and Social Services review the effectiveness of the program. II. CURRENT SITUATION A. Roanoke City Department of Social Services has employed and will continue to train and supervise a worker, who is located at the Health Department, to execute applications for Medicaid. B. The Out stationed 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. C. Roanoke City Health Department is satisfied with the results of having an eligibility worker on location and wishes to continue the service (see attachment). III. ISSUES A. Services to Citizens. B. Benefit to Health Department. C. Benefit to Social Services. D. Funding. The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia September 7, 1999 #99- 715 Page Two IV. ALTERNATIVES A. Approve funding for continuation of the Outstationed Eligibility Worker at the Health Department. 1. Services to Citizens. Citizens requesting services from the Health Department may apply for Medicaid at the same time, thereby making application process more accessible and efficient. 2. Benefit to Health Department. Health Department will be able to maximize Medicaid revenue. 3. Benefit to Department of Social Services. Social Services is provided an eligibility worker at no cost for salary and benefits. Department of Social Services is responsible for supervision and quality control. 4. Funding. The State Department of Social Services provides funding. The Health Department has access to 50% federal match for costs of eligibility workers. Revenue from Medicaid services delivered to citizens covers the costs of the 50% match required to draw down the federal match. There is no local cost attached to this position. B. Do not approve funding for the continuation of the Outstationed Eligibility Worker at the Health Department. 1. Services to Citizens. Citizens coming to the Health Department for clinical care will not have the convenience of receiving social Services at the Health Department. Some citizens will fail to follow through on the Medicaid applications, thereby incurring a medical debt they cannot afford. 2. Benefit to Health Department. The Health Department will have a reduction in revenue. 3. Benefit to Department of Social Services. Social Services will have a reduction in manpower by losing one eligibility worker. 4. Funding. No impact on local funding. The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia September 7, 1999 #99-715 Page Three V. RECOMMENDATION A. City Council concur with Alternative A to authorize the City Manager to continue the services of the Out stationed Eligibility Worker at the Health Department. B. City Council appropriate $30.451 for FY 99/00 to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance. 1. 2. 3. 4. 5. 6. 7. Salary ICMA ICMA Match FICA Health Insurance Dental Insurance Disability Insurance $24,140 2,173 390 1,847 1,656 185 60 $30.451 Respectfully submitted, '--~ ~ D. Ritchie, Sr. City Manager cc: William M. Hackworth, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Molly Rutledge, M.D., Health Department Sherman Stovall, Acting Budget Administrator . , ~ MEDICAID ELIGIBILITY DETERMINATIONS PLACEMENT OF ELIGIBILITY DETERMINATION STAFF AT DESIGNATED HEALTH DEPARTMENTS AGREEMENT Between The State Health Department The Virginia Department of Social Services Roanoke City Department of Social Services ARTICLE I PURPOSE This Agreement is entered into as of the date specified below by and between Roanoke Cib:.... Department of Social Services hereafter referred to as the Local DSS, The State Health Department hereafter referred to as Health Department, and the Virginia Department of Social Services, hereafter referred to as VDSS to locate a Medicaid worker, hereafter referred to as Health Department Eligibility Worker (HDEW), on-site at the Health Department. The Local DSS and the Health Department agree to use the HDEW exclusively for the purpose outlined in this Agreement. The Local DSS is specifically prohibited from using the HDEW for any purpose other than completing cases originating through the Health Department. ,..., "> ARTICLE II FUNCTIONS TO BE PERFORMED BY HDEW A. Application Acceptance and Processing Medicaid Applications - Health Department patients referred to the HDEW shall have all the rights and privileges of any other applicant for assistance. Health Department personnel will refer for Medicaid eligibility determination all potentially eligible medically indigent patients. 1. Eliiibility Criteria - Eligibility for Medicaid will be determined using all applicable rules. regulations, and policies governing the general population applying for Medicaid. a. Each HDEW shall be supplied a copy of the Medicaid Manual by the Local DSS. It shall be the responsibility of each HDEW to keep the Medicaid Manual current with all revising transmittals. b. All forms necessary to process Medicaid applications shall be ordered by the appropriate local DSS through the usual procedures and made available to the HDEW. 2. Case Development - The HDEW shall process all Medicaid applications taken at the Local Health Development for adults and children who are residents of the HDEW's locality. Completed cases shall be forwarded daily to the local DSS for immediate enrollment. a. Applications for patients from other jurisdictions will be forwarded by the HDEW, unprocessed, to the city or county of residence. b. Medicaid eligibility mustbe determined in conformity with processing standards contained at Part II. Chapter A, of the Medicaid Manual. Therefore, no local DSS processing procedures shall encumber or delay certifying and enrolling eligible cases. 2 B. Confidentiality of File Information 1. Confidentially of client information contained in existing flIes (both paper and electronic) is to be protected, and access to Medicaid eligibility flIes shall be limited to the HDEWs and Local Departments of Social Services. 2. Information released to Health Department personnel shall be limited to information authorized for dissemination in accordance with the applicant Release of Information. It shall be released in a manner consistent with efficiency and non-duplication of effort among the Medicaid, WICt and medical services programs. 3. Information maintained by or which can be secured by the local DSS shall be shared with the HDEW when necessary to determine eligibility for Medicaid under this Agreement. This includes diagnosis information and local public records. C. Health Department EIiiJbility Workers - Or&anization 1. Caseload Standards - The HDEW shall be an employee of the local DSS but shall not count in the determinations of local staffmg needs. 2. Staffmg level will be one full time position. This staffmg level will be m: evaluated by ~resentatives of the parties to this Aweement after one year of operation using the following criteria to determine its applicability and the need to make adjustment. a. Increased reimbursement by Medicaid due to increased Medicaid enrollment then compared to the one year period immediately prior to the effective date of the contract. b. Increased numbers of medically indigent eligibles enrolled in Medicaid. 3. Training - The HDEWs shall be treated as other eligibility workers as regards provision of Medicaid program training and technical assistance. HDEW will be under the supervision on local Department of Social Services Supervisor who will be responsible for instruction, accountability, payroll information, and job performance. 3 4. Coverage - HDEW shall be available to take applications at the Local Health Department during Local Health Department's clinics and at other times available to take applications for Health Department Home Health, CHIP and MICC patients not attending scheduled clinics and at other times agreed to by the Local DSS and Health Department. 5. Performance Standards - Performance Standards applicable to other Medicaid workers shall be the performance standards applicable to the HDEW. 6. Job Qassification - The HDEW shall be employed in the same personnel classification and be afforded the same benefits as any other local Medicaid worker in the Local DSS, except that their employment is restricted to the life of this project. 7. Relationships - The Health Department, the HDEW, and their employing agencies shall cooperate to the mutual benefit of both by sharing informational materials, conducting joint staff meetings, and providing each worker with periodic reports of work performed such as: referrals made, application approvals and costs of services paid, subject to the confidentiality requirements in Article II, B. 8. Liaison - Each of the parties to this Agreement shall designate a contact person for di~in~tion of information about job functions, operating procedures, and problem resolution. D. Equipment 1. The Health Department will provide, at no cost to this project, necessary secure space and equipment for the eligibility worker, such as desk, chair, reasonable . office supplies, and other furniture and equipment necessary for performance of the contract. 2. The Local DSS will provide support for purposes of tracking referred patients and compiling statistical reports in MAPPER. 4 ARTICLE III COSTS A. This project, whereby local workers will be physically located at the Health Department will use funds appropriated to the State Health Department to fund the non-federally matched portion of the costs of maintaining the HDEW. B. Procedures: 1. The Local DSS shall submit monthly to the VDSS individual claims for 100 percent reimbursement of personnel costs for the HDEW; a. Each claim for reimbursement shall be submitted on form DA-20-250, Accounting Voucher. - ---- b. Each monthly claim shall be reimbursed by the VDSS at 100 percent of costs. 2. The VDSS shall submit monthly to DMAS, separately identifiable from other federal claims for Medicaid admini~tration reimbursement, all claims of admini~tive expenditures associated with operation of this Agreement. 3. The Health Department agrees to reimburse the VDSS through an Interagency Transfer of funds for any costs for which federal reimbursement does not equal 100 percent of such State agency reimbursement made for the month. Funds used by the Health Department to reimburse VDSS must not come from federal sources. The Interagency Transfer Invoice will be forwarded by the tenth working day of the month following the covered period. ARTICLE IV MAINTENANCE OF RECORDS 1. Administrative Records - Records ofadmini~trative costs shall, be maintained separate from other local DSS and Health Department records for evaluation and determination of the ultimate effectiveness of the project. 5 2. Applications - Separate identification shall be maintained of all referrals made by Health Department personnel to the HDEW. Referrals will be tracked and the outcome recorded as either approved, denied, or failure/refusal to follow through. 3. Approved cases will be tracked and total expenditures under Medicaid to the Health Department and other providers will be periodically gathered into reports by Central Office staff. ARTICLE V TERM OF AGREEMENT This Agreement shall begin after all parties have signed this Agreement and when personnel have been employed and/or reassigned to the Health Department site. An effectiveness evaluation shall be conducted by representatives of this Agreement after the site has been fully operational for twelve months. After completion of the twelvemonth effectiveness evaluation, any party to this Agreement may terminate its participation in this project with or without cause upon sixty days notice in writing to the other parties. In lieu of such action, this Agreement shall remain in effect until modified by mutual consent or operation oflaw. Interim evaluations, problem identification and resolution sessions will be held quarterly after the first six-month review, on an as needed basis throughout the life of this Agreement. " 6 SIGNATURE SHEET Agreement for placement of eligibility workers at the Roanoke City Health Department between: The State Health Department The Virginia Department of Social Services Roanoke City Department of Social Services I hereby agree to the terms of this agreement: l j .Q ~~ tl _o--i W. Robert Herbert, City Manager Roanoke City (Signed) J. 7' 11 (Dated) ~ fLjtU[S~ (Signed) Molly L. utl~ge, M.D. Acting Health Director L D. Jackson, Co Ion State Department of Social (Dated) (Signed) (Dated) ~()& ~ (Signed) Robert B. Stroube, M.D., M.P.H. State Health Commissioner ." State Health Department J- 0/ - '7 r' (Dated) 7 S.";,,g tIt_ Pupk oft Alkrlttuty Cmmty Botetourt cOfUIly Craig CDlIn(JI RtHllfob County Ci(v ofClifttllt Forge City ofCol'iII,1DII City of RtHllfok. CUy of Salem COMMoNWEALTH OF YiR6/N1A Alleghany Health District Roanoke at} Health District August 9,1999 Reply to: 515 Eighth Street, SW Roanoke, VA 240 16 Phone: (540) 857-7600 Ext 211 FAX: (540) 857-6987 Corrinne Cott Department of Social Services 215 Church Avenue Roanoke, Va, 24011 Reference: Medicaid Outposting Position Lenora Taylor Dear Corrinne, The Roanoke City Health Department is requesting renewal of the Grant for the Medicaid Outposted position now occupied by Lenora Taylor. This service has proven to be an invaluable asset for our clinics as well as our patients. Lenora is Involved in taking applications for six clinic programs and assists with guidance in two additional program areas. Processing of applications is completed in a timely manner, with follow-up as needed. Since the position is at the main Health Department, it is more convenient for our clients since they are receiving needed clinic services and applying for Medicaid at the same time. Lenom has a wonderful mpport with our staff and our clients. She is tmly a benefit to the Health Department. [n one of the Health Department programs. mv, it is very important that the Medicaid application is completed and processed within a short time frame. Lenora works with other Social Services Eligibility workers to ensure that forms are submitted for processing. She also assists With needed information for these clients to help bridge, the, confusion over completion of forms and communication between them and their assigned eligibility worker, Lenora serves as a resource for rebilling denials and researching problem billing which enables the Health Department to reduce our aged accounts receivable for the Medicaid Program. We would appreciate the continuance of this grant position and are committed to our part of the funding. If you have any questions. please let me know. Sincerely, M~Y~ Health Director ~DHV'RGlNIA DEP4RTMENT Of HEALTH I'roIKIm, lIlu MId Ibur En..........., CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #53-60-323 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34469-090799 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 Roanoke City Public Library Board on May 20, 1999, in fulfillment ofthe requirements of Section 42.1-36.1, Code of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, /J In. ~ .J. ~~ Mary F. Parker, CMC/AAE City Clerk MFP:js Attachment pc: Dennis Frye, Chair, Roanoke City Public Library Board, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Beverly A. James, City Librarian C:lMyFileslsepl7.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 10, 1999 File #53-60-323 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: At a regular meeting ofthe Council of the City of Roanoke which was held on Tuesday, September 7, 1999, Council Member Wyatt clarified a previous request under date of July 19, 1999; whereupon, she requested that the Acting City Manager review the overall needs and cost of improvements for not only the main library but the entire library system, and recommend a systematic funding approach for consideration by Council during fiscal year 2000-01 budget study. Sincerely, /) Yh..~ J. r ~... Mary F. Parker, CMC/AAE City Clerk MFP:lo pc: James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Beverly A. James, City Librarian Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:lMyFileslsepl7. wpd " ) 1)1[- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1~99. No. 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. WHEREAS, the Internet has become a frequently used reference source for all forms of knowledge and communication of ideas; WHEREAS, there is an increasing concern in the public library community that minors may be harmed by certain material made available on the Internet; WHEREAS, Section 42.1-36.1 of the Code of Virginia, requires, in part, "On or before December 1, 1999 and biennially th~~eafter, (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 Librariap ~f Virginia an acceptable use policy for the....Internet."; WHEREAS, as the Roanoke City Public Library Board was not established pursuant to section 42.1-35, Roanoke City Council, as the governing body of the City of~oanoke, is responsible for filing an Acceptable Use Policy for the Internet with the Librarian of Virginia; WHEREAS, the Library Board approved an Internet Acceptable Use Policy on May 20, 1999, which policy the City Manager has recommended in a report dated September 7, 1999, that City Council approves for being submitted to the State Librarian. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to file as the required Internet Acceptable Use Policy with the Librarian of Virginia, by December I 1999, the policy approved by the Library Board on May 20, 1999. ATTEST: City Clerk. H:\RESIR-OLC-UBIUES-99 RECEIVE.D CITY CLERKS OFFICE "99 AUG 24 P 2 :37 September 7, 1999 #99-716 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Roanoke City Public Library's Acceptable Use Policy for the Internet I. BACKGROUND A. Roanoke City Public Library made available computers for the public to access the Internet beginning in August 1998. B. Library staff developed and recommended an acceptable use policv for the Internet to the Roanoke City Public Library Board in August 1998. C. Roanoke City Public Library Board approved an acceptable use policv for the Internet in August 1998. D. The General Assemblv of Virainia approved an amendment to the Code of Virainia by adding a section numbered 42.1-36.1, entitled "Power and duty of library boards and certain aovernina bodies reaardina acceptable Internet use policies" on March 9, 1999. (See Attachment A) E. Library staff developed and recommended a revised acceptable use policv for the Internet to the Roanoke City Public Library Board in May 1999. F. Roanoke City Public Library Board approved a revised acceptable use policv for the Internet in May 1999. (See Attachment B) II. CURRENT SITUATION A. Section 42.1-36.1 of the Code of Virainia states. in part: "On or before December 1. 1999. and biennially thereafter, (i) every library board established pursuant to section 42.1-35 or (in the aovernina 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 Virainia an acceptable use policv for the.. . Internet. " B. Roanoke City Public Library Board was not established pursuant to section 42.1-35. Therefore, accordina to section 42.1-36.1. Roanoke City Council. as the aovernina body of the city of Roanoke. is responsible for filina an acceptable use policv for the Internet with the Librarian of Virainia. Mayor Bowers and Members of City Council Roanoke, Virginia pg.2 II. ISSUES A. Leaal. B. Timina. III. ALTERNATIVES A. City Council authorize the Actina City Manaaer to file as the required acceptable use policy for the Internet the policy approved by the Library Board on May 20, 1999, with the Librarian of Virginia by December 1, 1999. 1. Leaal: Compliance with Section 42.1-36.1 of the Code of Virginia would be achieved. 2. Timina: Deadline for filing an acceptable use policy would be met. B. City Council not authorize the Actina City Manaaer to file an acceptable use policy for the Internet with the Librarian of Virginia by December 1, 1999. 1. Leaal: Compliance with Section 42.1-36.1 of the Code of Virginia would not be achieved. 2. Timina: Deadline for filing an acceptable use policy would not be met. IV. RECOMMENDATION A. City Council concur in Alternative A and authorize the Acting City Manager to file as the required acceptable use policy for the Internet the policy approved by the Library Board on May 20,1999, with the Librarian of Virginia by December 1, 1999. Attachments c: City Attorney City Clerk Director of Finance Director of Human Development City Librarian lReSpeCtfullY submitted, -- ~ (2~ J es D. Ritchie Ac' g City Manager Attachment A ~ 42.1-36.1. Power and duty of library boards and certain governing bodies regarding acceptable Internet use policies. _ A. On or before December 1, 1999, and biennially thereafter, (i) every library board established pursuant to ~ 42.1-35 or (ii) the governing body of any county, city, or town which, pursuant to ~ 42.1-36, has not established a library board pursuant to ~ 42.1-35, shall file with the Librarian of Virginia an acceptable use policy for the international network of computer systems commonly known as the Internet. At a minimum. the policy shall contain provisions which (i) are designed to prohibit use by library employees and patrons of the library's computer equipment and communications services for sending, receiving, viewing. or downloading illegal material via the Internet, (ii) seek to prevent access by library patrons under the age of eighteen to material which is harmful to juveniles, and (iii) establish appropriate measures to be taken against persons who violate the policy. The library board or the governing body may include such other terms, conditions, and requirements in the library's policy as it deems appropriate, such as requiring written parental authoriza- tion for Internet use by juveniles or differentiating acceptable uses between elementary, middle, and high school students. B. The library board or the governing body shall take such steps as it deems appropriate to implement and enforce the library's policy which may include, but are not limited to, (i) the use of software programs designed to block access by (a) library employees and patrons to illegal material or (b) library patrons under the age of eighteen to material which is harmful to juveniles or (c) both; (ii) charging library employees to casually monitor patrons' Internet use; or (iii) installing privacy screens on computers which access the Internet. C. On or before December 1, 2000, and biennially thereafter. the Librarian of Virginia shall submit a report to the Chairmen of the House Committee on Education, the House Committee on Science and Technology, and the Senate Committee on Education and Health which summarizes the acceptable use policies filed with the Librarian pursuant to this section and the status thereof. (1999, c. 64.) ATTACHMENT B ROANOKE CITY PUBLIC LffiRARY INTERNET USE POLICY In a rapidly changing society, the Roanoke City Public Libraries ensure equitable access and guidance to the world of knowledge and ideas, enriching the life of our community and creating a climate of lifelong learning. In keeping with its mission the Roanoke City Public Library offers public access to the Internet. This enables users to access a vast amount of information from many sources, enhancing the Library's collection. The Library firmly supports intellectual freedom and the free expression of ideas, however, the Internet is an unregulated source of information and not all information found there is accurate, current or complete. There is material that may be offensive, disturbing or illegal. The Library cannot control or monitor the vast amount of material on the Internet, therefore, it is the responsibility of the user to question and evaluate the information found and the suitability of that information. It is the responsibility of parents and guardians to monitor their own children's use of the Internet and to assist their children in selecting material that is consistent with their own values. We strongly encourage parents and guardians to educate themselves and their children so they can make smart decisions. The Library has materials that will help parents and guardians learn more about child safety on the Internet. Parents may limit their children's use to workstations with filtering software by notifYing staff Due to scheduling constraints, there may not be an Internet trained staff member or volunteer on duty at all times. Staff and volunteers will assist users in their searches as much as possible, but will not be able to offer in-depth instruction on a one-to-one basis. Those who wish to learn more about the Internet should register for classes which are available throughout the Valley. Library staff and volunteers will be happy to assist users in finding books and other information about the Internet. Please remember that often the information needed will be available and easily accessed through the Library's collection of books and periodicals. Conditions or Use: ~ Users must have a Roanoke Valley Library Card. An exception may be made on a case-by-case basis for visitors from outside the Roanoke Valley area to check their e-mail. These users will be asked to sign a guest register. ~ Users must be age 6 or older, the age at which most children start to attend school and learn to read. ~ At Main, there will be workstations on the 1st and 2nd floors. Only workstations on the 1st floor will have filtering software installed. One workstation at each branch will have filtering software. ~ At Main workstations on the 1st floor will be reserved for minors or adults accompanying a minor from 2PM-6PM Monday-Friday and all day on Saturday and Sunday but available for all users at other times. ATTACHMENT B pg.2 ~ Users of Library equipment are prohibited from accessing materials that are obscene or harmful to minors or contain child pornography. See sections 18.2-372-18.2- 391.1 of the Code of Virginia. ~ Internet workstations will be in view of other library users and staff The Library reserves the right to ask users to remove images from the screen. ~ Users are prohibited from adding, changing or deleting anything on library computers including programs, settings and software, downloading materials to the hard drive and rebooting or turning off equipment. ~ Some material on the Internet may be protected by copyright laws. It is illegal to copy this information without the permission of the owners. When in doubt, ask the copyright owners for permission to use their work. ~ Users may not use the Internet for any illegal activity. ~ Only 1 person at a time may use an Internet workstation, unless otherwise authorized by Library staff ~ The Library will use a virus-checking program; however, users may not be protected if they download material and put it on their own computers. ~ The Library will provide web browser access only. ~ Failure to use the Internet workstations responsibly may result in revocation of Internet use privileges. ~ There will be a printing charge of$.15 per page. Users may also purchase disks for $1. 00 to download information. ~ Users must sign up to use Library computers. There will be a time limit of30 minutes for each session with a limit of2 sessions per day. Users may reserve time in person or by calling 853-2477. Reservations not honored by 15 minutes after the start time will be canceled. Users must also agree to the following statement: I agree that I will abide by the Library's rules for Internet use. I understand that I may lose Internet access through the Library if I violate these rules. In consideration for the privilege of using the Internet and for having access to the free information contained within it, I hereby release and hold harmless the City of Roanoke, its officers, agents, employees, volunteers or representatives from any and all liability or responsibility for any and all claims, damages, losses, costs or expenses arising either directly or indirectly from the use of the Internet, whether or not caused, in whole or in part, by alleged negligence of the City of Roanoke, its officers, agents, employees, volunteers or representatives. Users who violate this policy will be warned the first time. A second violation will result in being banned from Internet use for a period of 2 weeks. A user may be permanently banned from Internet use at the City Librarian's discretion for serious or repeated offenses. A warning or ban will be noted on the user's library record and will be effective at all City Library Branches. Approved by the Roanoke City Public Library Board May 20, 1999 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #60-246 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34470-090799 amending and reordaining certain sections of the 1999-00 Consortium Fund Appropriations, providing for appropriation of$97,840.00, to be used for the Opportunity Knocks program which will be administered by 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 Tuesday, September 7, 1999. Sincerely, /J ^-~9.r~ MaryF. Parker, CMC/AAE City Clerk MFP:js Attachment pc: James D. Ritchie, Sr., Acting City Manager Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium, 310 Campbell Avenue, S. W., Roanoke, Virginia 24016 Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:lMyFileslsepl7.wpd ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. No. 34470-090799. 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: ADDroDrlatlona Fifth District Employment & Training Consortium $ 7,022,143 Opportunity Knocks (1-4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97,840 Revenue Fifth District Employment & Training Consortium $ 7,022,143 Opportunity Knocks (5) ...................................... 97,840 1) Wages 2) Fringes 3) Wages 4) Fringes 5) Opportunity Knocks (034-054-2091-80SO) (034-054-2091-8051 ) (034-054-2091-8350) (034-054-2091-8351 ) (034-054-2091-2091 ) $ 50,000 4,000 35,000 8,840 97,840 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 1', RECEIVED CITY CLERKS OFFICE September 7, 1999 "99 AUG 27 AlO :09 # 99-717 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium I . BACKGROUND A. The Fifth District Employment and Traininq Consortium (FDETC) administers the federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District. B. 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. C. This aqency serves two primary client populations: dislocated workers who have been laid off from employment through no fault of their own (under Title III), and the economically disadvantaged as determined by income guidelines set by the U.S. Dept. of Labor (under Title II-A, II-C and the Summer Youth Employment Program). D. The City of Roanoke is the qrant recipient for FDETC funding. City Council must appropriate the funding for all grants and other monies the FDETC receives. Honorable Mayor and Members of City Council Page 2 September 7, 1999 II. CURRENT SITUATION A. Governor's Employment and Traininq 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 amounts: 1. Opportunity Knocks $97.840.00 Notice of Award - (OK-00-03-05) III. Issues A. Proqram Operations B. Funding C. Timing IV. ALTERNATIVES A. Appropriate the FDETC's additional fundinq totaling $97.840.00. and increase the revenue estimate by $97,840.00, in accounts to be established by the Director of Finance. 1. Proqram Operations - Existing activities will continue and planned programs will be implemented. 2. Funding - Funds are available from the resources indicated, at no additional cost to the City. 3. Timing - Immediate action will allow programs to be implemented and completed within planned time frames, July 1, 1999 through June 30, 2000. Honorable Page 3 September Mayor and Members of City Council 7, 1999 B. Do not appropriate the FDETC's funding totaling $97.840.00. 1. Proqram Operations - Planned programs to serve participants would be delayed or never initiated. 2. Funding - Funds currently available to operate these programs may be rescinded and redistributed to other projects. 3. Timinq - Delay will cause late or failed start-up of programs and possible under expenditure of available funds. V. RECOMMENDATION Approve Alternative A: Appropriate the FDETC.s fundinq totalinq $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. Respectively submitted, ~ J m s D. Ritchie Ac . g City Manager JDR/VLP:wc cc: Director of Finance City Attorney Director of Human Development FDETC Executive Director CITY OF ROANOKE Office of the City Clerk Mar-y F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #60-72-236-~04 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34472-090799 authorizing acceptance of a grant from the Department of Criminal Justice Services on behalf of the City of Roanoke to develop and implement a formal, family centered counseling program based in the Noel C. Taylor Learning Academy, in the amount of$38, 111.00, 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. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, (2 /1... ~ " I>J L .. ""'- f r\ ,7. -- Mary F. Parker, CMC/ AAE City Clerk MFP:js Attachment pc: James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Marion Vaughn-Howard, Youth Coordinator Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:lMyFileslsepl7. wpd }J'ff- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke that: I. The grant from the Department of Juvenile Justice, in the amount of$38, 111.00, to develop and implement a formal, family centered counseling program as set forth in the City Manager's report dated September 7, 1999, is hereby ACCEPTED. - 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant. All documents shall be approved by the City Attorney. ATTEST: City Clerk. H:\RES\R-OLC.DCJGRANT. TA YLOR..99 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #60-72-236-304 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34471-090799 amending and reordaining certain sections of the 1999-00 Grant Fund Appropriations, providing for appropriation of$35,000.00, representing a grant award from the Department of Criminal Justice Services to provide for continuation of the Roanoke City Community - Family Counseling Center and System Analysis Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. ~~j(J~ Mary F. Parker, CMC/AAE City Clerk MFP:js Attachment pc: James D. Ritchie, Sr., Acting City Manager Glenn D. Radcliffe, Director, Human Development Marion Vaughn-Howard, Youth Coordinator Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:lMyFilesIsept7.wpd ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of September, 1999. No. 34471-090799. AN ORDINANCE to amend and reordain certain sedions of the 1999-00 Grant 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 1999-00 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Health and Welfare $ 3,783,763 Family Counseling Center FYOO (1-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35,000 Revenue Health and Welfare $ 3,783,763 Family Counseling Center FYoo (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35, QOO. 1) Fees for Professional Services 2) Administrative Supplies 3) Local Mileage 4) State Grant Receipts (03~~2~2010) (03~~2~2030) (035-o54-502~2046) (035-o54-5025-11oo) $ 31,000 2,200 1,800 35,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. \. RECEIVEO: D CITY CLERKS OFrf!t~f{;E W SEP -1 P5~2 2 September 7, 1999 Report 99-718 Honorable David A. Bowers, Mayor and Members of City Council SUBJECT: Roanoke City Community - Family Counseling Center and System Analysis Program Continuation Dear Mayor Bowers and Members of City Council: I. BACKGROUND A. 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. B. The puroose of the grant was to develop and implement a formal counseling program based in the Noel C. Taylor Learning Academy. C. The program will continue as intervention strategies which will be family centered, not just youth focused. D. The grant proposal was submitted to the Department of Criminal Justice Services in August of 1998 in the amount of$35.000. E. The grant does not require a local match. F. The Office on Youth will be the administrator of the grant. II. CURRENT SITUATION A. The City of Roanoke was notified in July 1999 ofthe grant award in the amount of$35.000 to continue the program. B. Formal acceptance of the grant is required to obtain the funding to continue the program. III. ISSUES A. Program Need B. Funding IV. ALTERNATIVES A. City Council authorize the Acting City Manal!er or his designee to acceot the grant award in the amount of$35.000 from the Department of Criminal Justice Services and sign the appropriate documents. 1. Need exists to provide Family Counseling activities and consultant to provide analysis of youth programs. 2. Funding for prOl!ram implementation is available from the Department of Criminal Justice Services. B. City Council not authorize the acceotance of the lrrant award in the amount of $35.000 from the Department of Criminal Justice Services. 1. Program needs will not be met. 2. Funding will not be an issue. V. RECOMMENDATIONS A. City Council concur with Alternative A and accept the grant award in the amount of$35.000 from the Department of Criminal Justice Services. I. Authorize the City Manager or his designee to sign and execute the grant agreement to obtain the funds from the Department of Criminal Justice Services. B. Appropriate $35.000 in state grant funds as outlined in Attachment A and establish a corresponding revenue estimate into a grant fund account to be established by the Director of Finance. ~:~~ ~~s D. Ritchie Actmg City Manager MVH:bbw Attachment cc: William Hackworth, City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development Marion Vaughn-Howard, Youth Coordinator 2010 2046 2030 Fees for Professional Services Training and Mileage Administrative Supplies TOTAL Attachment A $31,000 2,800 2.200 $35,000 ~, , CITY OF ROANOKE Office of the City Clerk Mal~j' F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk September 14, 1999 File #335 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34473-090799 approving and authorizing execution of the Blue Ridge Community Services FY 2000 Performance Contract. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Tuesday, September 7, 1999. Sincerely, () ~ ~ J. t' a..J4.- Mary F. Parker, CMC/AAE City Clerk MFP:js Attachment pc: Fred P. Roessel, Jr., Executive Director, Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 Rodney P. Furr, Chairman, Board of Directors, Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 Diane Kelly, Executive Director, Mental Health Association of Roanoke Valley, 411 Jefferson Street, 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:lMyFileslsept7.wpd p~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, ~999. No. 34473-090799. A RESOLUTION approving and authorizing the execution of the Blue Ridge Community Services FY 2000 Performance Contract, upon certain terms and conditions. WHEREAS, ~37.1-194 of the Code of Virginia, 1950, as amended, requires every locality to establish a community service board to oversee the delivery of mental health, mental retardation and substance abuse services, and it is further required that the local governing body of a locality approve the Performance Contract; and WHEREAS, the City of Roanoke has already established Blue Ridge Community Services pursuant to this statutory. provision. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 1999/00 Performance Contract proposed to be entered into with Blue Ridge Community Services Board and attached to the City Manager's report dated September 7, 1999 is hereby APPROVED. 2. The City Manager is hereby authorized to execute any and all requisite documents to enter into the Performance Contract with the Blue Ridge Community Services Board. ATTEST: City Clerk. H:\RESIR.OLC.BLUERIDGE.csBRD-99 .-\. RECEIVE.D CITY CLERKS OFFICE 19 SEP -1 P5:13 September 7, 1999 Report # 99-719 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Blue Ridge Community Services FY 2000 Performance Contract I. BACKGROUND A. The 1998 General Assemblv 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. B. Section 37.1-194 of the Code of Virginia. 1950 as amended. requires every locality to establish a community services board (CSB). The boards 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 and the individual localities. The City of Roanoke appropriated $378357 as local match for Blue Ridge Community Services in the 1999/2000 fiscal year budget. II. CURRENT SITUATION A. Blue Ridge Community Services has submitted the Fiscal Year 2000 Community Services Performance Contract. B. This contract is submitted in accordance with the Code of Virginia Title 37.1 to ensure the delivery of publicly funded services and supports to citizens of the Commonwealth 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. C. A state workgroup comprised of executive directors for Community Service Boards. local government attornevs and representatives of local governments has been meeting with the Commissioner ofthe Department of Mental Health, Mental Retardation, and Substance Abuse Services to discuss and negotiate amendments to sections ofthe contract that would shift more responsibility to localities from ., ) the state to fund services. This work group will continue to meet to finalize the 2001 performance contract which will initiate a process for penalties and sanctions for the non-compliance with the terms of the contract for service delivery. The fiscal year 2000 performance contract carries no penalties or sanctions. III. ISSUES A. Compliance with State Law B. Service Delivery IV. ALTERNATIVES A. City Council accepts and approves Performance Contract. 1. Section 37.1-198 B. Code of Virginia requires all governing bodies for the localities served by the Community Services Board to approve the performance contract. 2. Delivery of service to a variety oftargeted populations in the city of Roanoke will not be interrupted. B. City Council does not accept and approve Performance Contract. 1. Roanoke City would not be in compliance with state law. 2. Delivery of services to a variety of targeted populations in the city of Roanoke would be delayed or eliminated. V. RECOMMENDATIONS A. City Council adopt the attached resolution approving the 1999/00 performance contract and authorize the Acting City Manager to execute anv required documents to enter into the Performance Contract with the Community Services Board. Respectfully Submitted, ~ es D. Ritchie ng City Manager \ GDR:gr cc: Glenn D. Radcliffe, Director of Human Development Sherman Stovall, Acting Budget Administrator James Grisso, Director of Finance William Hackworth, City Attorney Rod Furr, Chairman, BRCS Board of Directors Fred Roessel, Executive Director, BRCS Diane Kelly, Executive Director, Mental Health Association EJJJa jJJtJ[jE t}s)J}]IJ]JJJ]JJy ~JjJYJ!Jj)~ F 'Y c;J :2 J) D l) p ~ :r J~ :r ]]J il ]] ~ ~ ~ ~ 1J ] J il ~ 'J SFY 2000 Community Services Performance Contract Attachment 6.5.10: Local Government Acceptance of Funds and Approval of Community Services Performance Contract 1. Name of Board: Blue Ridqe Community Services 2. City or County designated as .. as Board's Fiscal Agent: Ci tv of Salem 3. Name of the Fiscal Agent's City Manager or COiltlty Administrator or Executive: Name: Randolph M. Smith Title: City Manager 4. Name of the Fiscal Agent's County/City Treasurer or Director of Finance: Name: Frank P. Turk Title: Director of Finance 5. Name of the Fiscal Agent official to whom checks should be electronically transmitted: I Name: Frank P. Turk Title: Director of Finance Address: P. O. Box 869 Salem, VA 24153 6. The Board's board of directors certifies that, to the best of its knowledge and belief, the data and information in this perfonnance contract are true and correct and that its entry into this contract has been duly authorized by a formal vote of the board of directors in an open, public meeting of the board. This signature affirms the board's approval of this performance contract. Signature of Board Chairman Date 7. This signature indicates receipt of a board-approved copy of this perfonnance contract and an agreement by the Board's Fiscal Agent to accept state and federal funds from the Dep t that included in this contact. If)~ A5' /97/ ;' Date A. Signature of Fiscal Agent's Administrator or Manager Q-l. 4-15-99 . SFY 2000 Community Services Performance Contract 1.0 INTRODUCTION WHEREAS, Title 37.1 of the Code o/Virginia establishes the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, hereinafter referred to as the Department, to ensure the delivery ~f publicly-funded services and supports to citizens of the Commonwealth with mental illnesses, mental retardation, or substance abuse or dependence and authorizes the Department to fund community mental health, mental retardation, and substance abuse services; and WHEREAS, ~~ 37.1-194 through 202.1 of the Code o/Virginia require cities and counties to establish, singly or in combination. with other jurisdictions, community services boards for the purpose of providing, directly or contractually, publicly-funded local mental health, mental retardation, and substance abuse services; and WHEREAS, ~ 37.1-194.1 of the Code o/Virginia defines three types of community services boards: operating community services boards, administrative policy community services boards, and policy-advisory community services boards w~th local government departments; and WHEREAS, ~~ 37.1-242 through 253 of the Code o/Virginia authorize certain cities or counties to establish a behavioral health authority that plans and provides, directly or contractually, publicly-funded local mental health, mental retardation, and substance abuse services; and WHEREAS, throughout this contract the operating community services board, administrative policy community services board, local government department with a policy-advisory community services board, or behavioral health authority named below will be referred to as the Board; and WHEREAS, ~ 37.1-197.1 of the Code of Virginia requires the Board to function as the single point of entry into the publicly funded mental health, mental retardation, and substance abuse services system; and WHEREAS, the Department desires to purchase services that: I. address the specific ne~ of individual consumers, 2. support consumer and family participation in planning services and choice among providers, 3. achieve enhanced accountability for consumer and provider outcomes, and 4. encourage private sector provision of services to the extent possible; and 4-15-99 SFY 2000 Community Services Penormance Contract WHEREAS, ~~ 37.1-198 and 248.1 of the Code of Virginia establish this performance contract as the primary accountability and funding mechanism between the Department and the Board; and WHEREAS, the . , hereinafter referred to as the Board, which, unless it is otherwise clear from the context or is so stated, shall be construed to include the agency as well as its board of directors, is applying for the assistance provided under Chapter 10 or IS of Title 37.1 of the Code of Virginia by submitting this performance contract to the Department in accordance with ~ 37.1-198 or 248.1 of the Code of Virginia; Now. THEREFORE, the Department enters into this performance contract with the Board for the purpose of purchasing services from the Board in a manner that ensures accountability to the Department and quality of care for consumers and, in consideration of the mutual covenants and stipulations set out herein, the Department and the Board agree as follows. 2.0 TERM: This contract shall be in effect for a term o~ one year, commencing on July 1, 1999/and ending on June 30, 2000. 3.0 DEFINITIONS: As used herein, the following tenns have the following meaning. I. Access means the availability of appropriate services to people who need them in a manner that facilitates their use. 2. Behavioral Health Authority (BHA) is the local agency, established by a city or county under ~ 37.1-242 et seq. of the Code of Virginia, that plans, provides (directly or through contracts), and evaluates mental health, mental retardation, and substance abuse services in the locality it serves. 3. Community Services Board (CSB) is the local agency, established by a city or county or combination of counties or cities or cities and counties under ~ 37.1- 194 et seq. of the Code o/Virginia, that plans, provides (directly or through contracts), and evaluates mental health, mental retardation, and substance abuse services in the jurisdiction{s) it serves. There are three types of community services boards. . Operating CSB: The CSB employs its own staff and provides services directly or through contracts with other providers. It is not a city or county government department. Powers and duties are enumerated in ~ 37.1-197.A of the Code of Virginia. 2. 4-15-99 I SFY 2000 Community Services Performance Contract Administrative Policy CSB: The CSB does not employ its own staff. The CSB's executive director is hired by local government with the board's participation. Services are provided by city or county employees or through contracts with other providers. Powers and duties are enumerated in ~ 37.1- 197.B of the Code 0/ Virginia. Policy-Advisory CSB: The CSB has no operational powers or duties; it is an advisory board to a local government department that provides services directly or through contracts with other providers. .Duties of the policy-advisory CSB are enumerated in ~ 37.1-197.C of the Code o/Virginia. Powers and duties of the local department are enumerated in ~ 37.1-197.A of the Code o/Virginia. 4. Consumer, for the purposes of this contract, means a current or fomler direct recipient of publicly funded community or state facility mental health, mental retardation, or substance abuse treatment or habilitation services. 5. Culturally-competent Services are those delivered within a system that is sensitive to the cultural needs and differences of the populations being served. 6. DMAS means the Department of Medical Assistance Services, which administers the Virginia Medical Assistance Program (Medicaid). 7. Individualized Services Plan or ISP, also referred to as a plan of care, means a written plan, developed with the participation of the consumer, that identifies the needs and desires of and for the consumer and the strategies and treatment interventions to be used to meet those needs and desires. 8. Interagency A.greement is a legally binding agreement between two or more state or local agencies or state and local agencies covering policy and administrative coordination and cooperation, the purchase of services, or the transfer of funds. 9. Letter 0/ Notification is the formal notice sent by the Department to each Board that lists the Board's allocations of state controlled funds for the contract period. Revised letters may be issued by the Department during the term of the contract to adjust (increase or decrease) those allocations. . 10. Mental Retardation, as defined by the American Association on Mental Retardation (AAMR), refers to substantial limitations in present functioning. It is characterized by significantly subaverage intellectual functioning (an IQ standard score of approximately 70 to 75 or below), existing concurrently with related 3. 4-15-99 SFY 2000 Community Services Performance Contract limitations (the limitations in adaptive skills are more closely related to the intellectual limitation than to some other circumstances such as cultural or lin~is1ic divers~ty or ~ensory limitation) .in ~o ~ore of the following apphcable adapttve skills areas: commumcatton, self-care, home living, social skills, community use, se.lf-direction, health and safety, functional academics, leisure, and work. The existence of limitations in adaptive skills occurs within the context of community environments typical of the individual's age peers .and is indexed to the person's individualized needs for supports. Mental retardation manifests before age 18. . A diagnosis of mental retardation is made independent of related mental disorders (e.g., autistic . disorder and learning disorders) and general medical conditions (e.g., epilepsy and cerebral palsy). 11. Outcomes are the results of specific services. Usually, these are focused on the effects of services on consumers. 12. Outcome Measures are indicators used to gauge the effectiveness of services for a specific condition. 13. Program A.rea means the general classification of service activity for a defined population. There are three program areas in the publicly-funded services system: mental health, mental retardation, and substance abuse. 14. Quality Improvement means continuously improving services based on effective planning, monitoring, and reviewing of perfonnance measures and on modifying, as necessary, service delivery or administration to improve performance. 15. Serious Emotional Disturbance, as defined in State Board Policy 1029, includes two populations. . CbDdreD ad adoleseeDts, birth throulh ale 17, who have a defined mental health problem that is diagnosable under DSM IV (Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition) and/or all of the following: 1. problems in personality development and social functioning which have been exhibiteQ over at least one year's time; and 2. problems which are significantly disabling based upon the social functioning of most youngsters their age; and 3. problems that have become more disabling over time; and 4. service needs that require significant intervention by more than one agency; 4. 4-15-99 SFY 2000 Community Services Performance Contract Young children, birth through age 7, who are at risk of developing serious emotional disturbance fit within the following parameters: 1. young children who exhibit behavior or maturity that is significantly different from most children their age, and which is not the result of developmental disabilities or mental retardation; or 2. young children whose parents, or persons responsible for care, have predisposing factors that could result in their children developing serious emotional or behavior problems; or 3. young children who have experienced physical or psychological stressors which put them at risk for serious emotional or behavior problems. 16. Serious Mental Illness is a severe and/or persistent mental or emotional disorder that seriously impairs an adult's (18 years of age or older) functioning relative to such primary aspects of daily living as personal relations, living arrangements or employment. Serious mental illness is defined along three dimensions: diagnosis in DSM IV (Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition), level of disability (functional impairment), and duration of the illness. 1. Diagnosis: There is a major mental disorder diagnosable under DSM-IV , that is a schizophrenic, major affective, paranoid, organic, or other psychotic disorder, personality disorder, or other disorder that may lead to a chronic disability. 2. Severe, Recurrent Disability Resulting from Mental Illness: The disability results in functional limitations in major life activities. Individuals typically meet at least two of the following criteria, on a continuing or intermittent basis. · Is unemployed, is employed in a sheltered setting or supportive work situation, has markedly limited or reduced employment skills or has a poor employment history. · Requires public financial assistance for out-of-hospital maintenance and may be unable to procure such assistance without help. · Has difficulty in establishing or maintaining a personal social support system. · Requires help in basic living skills such as hygiene, food preparation or money management. · Exhibits inappropriate behavior that results in intervention by the mental health and/or judicial system. s. 4-15-99 SFY 2000 Community Services Performance Contract 3. Duration: Individuals are expected to require services of an extended duration or the treatment history meets at least one of the following criteria. · Has undergone psychiatric treatment more intensive than outpatient care more than once in a lifetime (e.g., crisis response services, alternative home care, partial or inpatient hospitalization). · Has experienced an episode of continuous, supportive residential care, other than hospitalization, for a period long enough to have significantly disrupted the no~alliving situation. 17. Service Area means the geographic area (city and county names) a Board serves. 18. Service Capacity measures the ability of a Board to offer a particular service. There are three types of service capacity. Number of Beds is the total number of beds for which the Board is licensed and staffed or the number of beds contracted for during the contract period. Number of Slots is the maximum number of inaividual consumers who could be served during a day or a half-day session in day support programs and for which the program or service is staffed. Number ofeonsumer Service Fun Time Equivalents (FTEs) is the number of staff providing services to consumers converted to a standardized number of FTEs by dividing total number of hours available from full and part time direct care staffby the number of hours in the organization's standard work week. 19. Service Units measure the volume of services provided. There are four types. Provider Service Hour is a continuous period measured in fractions or multiples of an hour that identifies the amount of staff effort (hours) related to provision of direct and consumer-related services to consumers. Bed Day involves an overnight stay by a consumer in a residential or inpatient program, facility, or service. Day Support Bout is one hour of service received in a day support service. ~ ! J Day of Service is five or more hours of service received by a consumer in a day support service. If a session lasts three or more but less than five hours, it should be counted as a half day. 6. 4-15-99 I -' SFY 2000 Community Services Performance Contract 20. State Board means the State Mental Health, Mental Retardation and Substance Abuse Services Board. 21. State-controlledfunds are state general funds and federal funds (including federal block grants) appropriated by the General Assembly, Medicaid State Plan Option (SPO) and Mental Retardation Home and Community-Based Waiver (MR Waiver) fees, and the minimum 10 percent local government matching funds.that are required by ~ 37.1-199 of the Code o/Virginia and State Board Policy 4010 to receive the allocations of state general funds. 22. Subcontract is a written agreement between the Board and a third party, under which the third party performs any of the Board's obligations under this contract. Subcontracts, unless the context or situation supports a different interpretation or meaning, also may include agreements, memoranda of understanding, purchase orders, contracts, or other similar documents for the purchase by the Board of services or goods from another organization or agency or a person on behalf of an individual consumer. 23. Subcontractor is any entity that agrees to furnish services to consumers or to perform any administrative function or service for the Board specifically related to fulfilling the Board's obligations to the Department. 24. Substance Abuse, as defined by DSM IV, means a maladaptive pattern of substance use manifested by recurrent and significant adverse consequences related to the repeated use of substances. It leads to clinically significant impair- ment or distress, as manifested by one (or more) of the following occurring within a 12-month period: a. recurrent substance use resulting in a failure to fulfill major role obligations at work, school, or home (e.g., repeated absences or poor work performance related to substance use; substance-related absences, suspensions, or expulsions from school; neglect of children or household); b. recurrent substance use in situations in which it is physically hazardous (e.g., driving an automobile or operating a machine when impaired by substance use); c. recurrent substance-related legal problems (e.g., arrests for substance- related disorderly conduct); . d. continued substance use despite having persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the substance (e.g., arguments with spouse about consequences of intoxification, physical fights). 7. 4-15-99 SFY 2000 Community Services Performance Contract .... ~ The symptoms have never met the criteria for substance addiction (dependence). 25. Substance Addiction (Dependence) means uncontrollable substance-seeking behavior involving compulsive use of high doses of one or more substances resulting in substantial impairment of functioning and health. Tolerance and withdrawal are characterlstics associated with dependence; . DSM IV defines substance dependence as a maladaptive pattern of substance use, leading to clinically significant impairment or distress, as manifested by three (or more) of the following, occurring at any time in the .same 12-month period: a. tolerance, as defined by a need for markedly increased amounts of the substance to achieve intoxification or desired effect or markedly diminished effect with continued use of the same amount of the substance; b. withdrawal, as manifested by the characteristic withdrawal syndrome for the substance or the same (or a closely related) substance is taken to relieve or avoid withdrawal symptoms; c. the substance is often taken in larger amounts or over a longer period than was intended; . d. there is a persistent desire or unsuccessful efforts to cut down or control substance use; e. a great deal of time is spent on activities necessary to obtain the substance, use the substance, or recover from its effects; f. important social, occupational, or ~tional activities are given up or reduced because of substance use; g. the substance use is continued despite knowledge of having a persistent or recurrent physical or psychological problem that is likely to have been caused or exacerbated by the substance. 4.0 PAYMENT FOR SERVICES 4.1 AIIocatlonl 01 State-ControUed Fundi: The Department may allocate state- controlled funds to the Board in three categories. 1. OnlOml state-eontroUed lundl are those state general and federal funds allocated the previous fiscal year, adjusted for Medicaid match and salary adjustments appropriated by the General Assembly, related minimum local matching funds if applicable, and Medicaid State Plan Option (SPO) fees that support the continued provision of existing levels of core services by the Board, directly or through contracts. 8. 4-15-99 SFY 2000 Community Services Performance Contract 2. Purchase of service state-controlled funds are those existing and new state general and federal funds, related minimum local matching funds if applicable, Medicaid SPO fees, and all current and new Medicaid MR Waiver fees that are designated to purchase individualized services for consumers who are: a. ready for discharge from state facilities, b. at risk of admission to state facilities, c. meet the level of care parameters for state facility admission, or d. in another identified population group. Purchased services shall be based on individualized services plans developed by the Board and reviewed and approved by the Department. 3. Special project state-controlled funds are those state general and federal funds, related minimum local matching funds if applicable, and Medicaid SPO fees that are designated to fund or are associated with special projects or specific initiatives, such as programs o~ assertive community treatment (PACT) teams, ACR pilots, and regional facility diversion initiatives. The Department shall inform the Board of its allocations in a letter of notifica- tion. Allocation amounts may be adjusted during the tenD of this contract by the Department. All adjustments shall be communicated to the Board in writing by the Commissioner or his designee. 4.2 Payment Method: The Department shall disburse payments of state general and federal funds for the three categories of allocations in the following manner. Payment will be made in accordance with the provisions of Attachment 6.2.3 of this contract. The Department may withhold payment if the required reports have not been received or the conditions of this contract have not been met. 1. Payments of ongoing state general and federal funds shall be disbursed prospectively on a semi-monthly basis to the Board. Payments may be revised to reflect additional Medicaid match requirements or other funding adjustments. 2. Payments of.te general and federal funds to purchase individualized services shall be disbursed prospectively on a semi-monthly or monthly basis, depending on how the initiative is structured, to the Board after plans of care or individualized services plans (ISPs) have been reviewed and approved by the Department. Unexpended state or federal funds in this 9. 4-15-99 SFY 2000 Community Services Performance Contract category may be returned to or retained by the Department through adjustments to these allocations during the contract period or payments to the Department or adjustments to future funding allocations after the end of this contract, depending on specific provisions in the ISP. New state general funds designated as MR Waiver match will be credited to the Board by the Department and transferred to DMAS as needed to match the Board's claims to DMAS. 3. Payments of state general and federai funds for special projects shall be disbursed on a semi-monthly basis to the Board after the project is approved. Depending on the design of the project: a. funds may be disbursed prospectively or retrospectively; b. unexpended state general or federal funds may be returned to or retained by the Department or retained by the Board for reinvestment into the project; and c. financial incentives or disincentives may affect the amount of funds paid to the Board. 4.3 Medicaid Fees: The Board shall bill DMAS in a timely fashion, at least monthly and preferably weekly, to recover Medicaid fees for covered services. The Board shall make all reasonable efforts to maximize collection of Medicaid fees and to realize or exceed the Medicaid SPO and MR Waiver fees identified in its allocations. 4.4 Federal Grants: The Department will establish, through this contract, a vendor arrangement with the Board for the disbursement of federal funds. This arrangement shall ensure that federal funds are disbursed to the Board only in amounts that will be expended within one month of receipt from the Department. 5.0 SCOPE OF WORK 5.1 SERVICES: Exhibit A includes those mental health, mental retardation, and substance abuse services provided or contracted by the Board that are funded both by state-controlled funds and by local funds not required under state statute. The Board is required under this contract to provide those services, identified in Exhibit A, that are tunded by state-controlled funds, as defined in this contract. Exhibit A is contained in Attachment 5.1 to this contract. Services are defined and described in the Core Services Taxonomy 6, contained in Attachment 5.2 to this contract, and in the Medicaid State Plan Option and Mental Retardation Home and Community-Based Waiver regulations promulgated by the DMAS. 10. 4-15-99 . SFY 2000 Community Services Performance Contract 5.2 Cost of Services: The Board shall provide those services that' are funded through state-controlled funds within the revenues and costs set forth in Exhibit A and documented in the Board's financial management system. The Exhibit A for each program area shall display information about services in three subsections: 1. ongoing services; 2. purchase of individualized services f~r individualized services plans or plans of care, including all MR Waiver services; and 3. special projects, such as PACT teams and census diversion projects. The Board agrees that, where applicable, the Department shall deduct state general funds from the Board's allocations of state general funds that are necessary to match the federal financial participation in reimbursements from DMAS for Medicaid SPO and MR Waiver services. 5.3 Continuity of Care: Section 37.1-197.1 of the Code of Virginia requires the Board to function as the single point of entry into the publicly-funded mental health, mental retardation, and substance abuse services system. 5.3.1 Preadmission Screening: The Board shall provide prescreening services pursuant to ~~ 37.1-65, -67.1, -67.3, and -197.1 of the Code of Virginia and in accordance with the Continuity of Care Procedures in Attachment 5.3.1 to this contract for any person who resides in the Board's service area. 5.3.2 Access to State FaciUty Services: The Board shall follow the Continuity of Care Procedures in Attachment 5.3.1 to this contract. The Board shall comply with the Procedures for Continuity of Care Between Community Services Boards and State Psychiatric Facilities (February 3, 1997), which are incorporated by reference as part of this contract. 5.3.3 Predischarge Planning: The Board shall provide predischarge planning pursuant to ~ 37.1-197.1 of the Code of Virginia and the Continuity of Care Procedures in Attachment 5.3.1 to this contract. Section 37.1-197.1 of the Code of Virginia contains the following requirements. , 1. The Board shall provide predischarge planning for any person, who prior to admission resided in the Board's service area or who chooses to reside there after discharge, who is to be discharged from a state facility pursuant to ~ 37.1-98 of the Code of Virginia. 11. 4-15-99 SFY 2000 Community Services Performance Contract 2. The predischarge plan shall be completed prior to the person's discharge. 3. The predischarge plan shall be prepared with the involvement and participation of the consumer or his representative, and it must reflect the consumer) preferences to the greatest extent possible. ' 4. The predischarge plan shall include the mental health, mental retardation, substance abuse, social, educational, medical, employment, housing, legal, adyocacy, transportation, and other services that the consumer will need upon discharge into the community. 5. The predischarge plan shall identify the public or private agencies that have agreed to provide these services. 5.3.4 Disagreements Regarding Readiness for Discharge From State Facilities: The Board shall comply with the provisions of ~ 37.1-197.1 of the Code of Virginia and the processes and procedures in the Review of Disagreements Regarding Determinations. of Clinical Readiness for Discharge From State Facilities in Attachment 5.3.4 to this contract. 5.3.5 Admission to Services: Once a person has been assessed and determined to be in need of services that the Board provides, the Board shall admit the person to service as an active consumer if sufficient service capacity is available and develop an individualized services plan. The Department shall develop, with input from the Board, a standardized definition of admission by January 1, 2000. 5.3.6 Discharge from Services: Once a consumer has achieved the goals identified in his individualized services plan for this episode of care, he shall be discharged from active service. The Department shall develop, with input from the Board, ~ standardized definition of discharge by January 1, 2000. 5.3.7 Cue Reporting: The Board shall participate with the Department in developing reliable, verifiable definitions by January 1, 2000 of active, inactive, and closed cases. . 5.3.8 Access to Community Services: Consumers receiving publicly funded services under this contract shall have the same or better access to services as individuals not receiving services under this contract from the Board. Access is measured in terms of timeliness, scope, amount, duration, and geographic accessibility (distance to services) of services. 12. 4-15-99 SFY 2000 Community Services Performance Contract 5.3.9 Interagency Relationships 1. Pursuant to the case management requirements of ~ 37.1-194 of the Code of Virginia, the Board shall, to the extent practicable, develop and maintain ~inkages with other community and state agencies and facilities that are needed to assure that the consumer is able to access the treatment, training, rehabilitative, and habilitative mental health, mental retardation, and substan~e abuse services and supports identified in his individualized services plan. 2. The Board shall develop and maintain joint written cooperative agreements, as required by ~ 37.1-197 of the Code of Virginia, with the following agencies and organizations that exist within the political subdivisions served by the Board: . local school divisions, . health departments, . sheriffs, . local housing agencies, · local boards of social services, · area agencies on aging, and · regional Department of Rehabilitative Services offices. 3. The Board shall also develop and maintain, in conjunction with the courts having jurisdiction in the political subdivisions served by the Board, cooperative plans that describe how the provisions of S S 37.1- 67.01 through 67.6 and related sections of the Code of Virginia pertaining to the involuntary admission process will be implemented. Plans shall also specify the services to be provided to consumers and must be reviewed annually by the courts and the Board. 4. The Board shall develop and maintain the necessary linkages, protocols, and interagency agreements to effect the provisions of the Comprehensive Services Act for At-Risk Youth and Families (SS 2.1- 746 through -759.1 of the Code of Virginia) and Part C of the Individuals with Disabilities Education Act that relate to the services covered by this contract. Nothing in this contract shall be construed as requiring the Board to provide services related to these two acts in the absepce of appropriate funding and interagency agreements. 5.3.10 Coordination of Mental Retardation Waiver Services: The Board shall provide case management services to consumers who are receiving services under the Medicaid MR Home and Community-Based Waiver. In 13. 4-15-99 SFY 2000 Community Services Performance Contract -, this capacity the Board shall develop the individualized services plan (plan of care) and submit it to the Department for approval. As part of its specific MR Waiver case management responsibilities, the Board shall coordinate and monitor the delivery of all Waiver services to its consumers, including those services pro~ded by independent vendors who are reimbursed directly by DMAS. The Board shall, to the extent practicable, develop a contract or memorandum of agreement with each independent vendor to enable the Board to have appropriate. access to vendor services and to fulfill these responsibilities. This contract or memorandum of agreement shall address at a minimum the Board's right to: 1 access conslimers, records, and service sites covered by this contract or memorandum; 2. regularly monitor the provision of Waiver services covered by this contract or memorandum; and 3. modify an approved plan of care in consultation with the consumer or his family member, guardian, or oth~ legal representative. 5.3.11 Linkages with Primary Care: The Board shall develop and implement procedures to assure coordination of mental health, mental retardation, and substance abuse services with primary medical services provided to its consumers. This shall include protocols, which satisfy the provisions of section 5.3.13 of this contract, for reciprocal notification of the Board's case managers and subcontractors and primary health care providers (e.g., HMOs, hospitals, PPOs) regarding medications prescribed; mental health, mental retardation, and substance abuse services required; medical services provided; and other issues that may require attention. The Board shall circulate infonnation concerning the availability of its crisis intervention services to all primary care physicians in the area it serves. 5.3.12 Access to Hoaslng: The Board shall develop and implement procedures to ensure that, pursuant to f 37.1-197.1 of the Code a/Virginia and subject to the provisions in section 8.1 of this contract, each consumer who is being discharged from a state mental health or mental retardation facility has a housing arrangement of the type identified in his predischarge plan in which . to live that _ been confirmed prior to his discharge, pursuant to ~ 37.1- 197.1 of the Code a/Virginia. The Board shall, to the extent practicable, develop and implement procedures to ensure that other consumers have access to appropriate housing arrangements of types identified in their individualized services plans. Housing provided by or through the Board shall reflect the criteria in Attachment 5.3.12 to this contract. 14. 4-15-99 . SFY 2000 Community Services Performance Contract 5.3.13 Sharing Consumer Information: All records in the possession of the Board regarding medical, psychiatric, and other evaluations and treatment of a consumer shall be transfened from one Board to another and to any state facility. The Board shall comply with applicable statutory and regulatory require~ents related to confidentiality and sharing of . information about consumers. 5.3.14 Coordination witb Local Psycbla~ric Hospitals: The Board shall establish procedures to coordinate a consumer's admission to and discharge from local psychiatric units and hospitals to assure appropriate use of these services in the least restrictive setting and to prevent inappropriate use of those hospitals. These procedures are subject to review by the Department. 5.3.15 Forensic Services: The Board shall provide forensic services in accordance with the provisions in Attachment 5.3.15 to this contract. 5.4 CONSUMER AND FAMILY MEMBER INvOLVEMENT AND PARTICIPATION 5.4.1 Roles of FamUy Memben and Significant Otben: The Board shall, with the consumer's consent, actively involve family members, guardians, and significant others in the care of the consumer. 5.4.2 Family Involvement wltb Adolescents: The Board shall, with the adolescent consumer's consent, actively involve family members, guardians, and significant others in his care, consistent with ~ 54.1-2969 of the Code of Virginia and any other federal or state privacy protection, confidentiality, or third party communication requirements. 5.4.3 Consumer Participation and Family Involvement in Treatment Plaoml: The Board shall ensure the maximum feasible degree of participation by the consumer and, with the consumer's consent, his family member, guardian, other individual, or authorized representative in services planning and treatment decisions and activities. 5.4.4 Language: The Board shall, to the extent practicable, ensure the delivery of services in Ii manner that is comprehensible by its consumers. This includes communicating orally and in writing in their primary languages, including Braille and American Sign Language where necessary, and at appropriate reading comprehension levels. 15. 4-15-99 I SFY 2000 Community Services Performance Contract 5.4.5 Culturally Competent Services: The Board shall provide and contract for services that address, to a reasonable extent, the cultural and linguistic characteristics of the geographic area and populations that it serves. Culturally competent services are defined in section 3.0 of this contract. 5.4.6 Services Monitoring: The Board shall, to the extent practicable, use teams of consumers, family members, advocates, and other interested individuals to monitor, evaluate, and provide feedback on the operations of its direct and contracted services. Team members should be reimbursed, upon their request, for their expenses incurred in discharging their services monitoring responsibilities. 5.4.7 Formal Feedback Process: The Board shall, to the extent practicable, provide and make their consumers and family members aware of a formal process through which it receives feedback about services that are provided directly or contracted and about the unmet service needs in the areas that it serves. 5.5 QUALITY OF CARE 5.5.1 Individualized Services Plan (ISP) 5.5.1.1 Assessment: Each consumer shall receive a clinical assessment consistent with licensing regulations issued by the Department that is performed by an individual with appropriate clinical training. The assessment and the development of the ISP shall be completed within the time periods specified in the applicable Medicaid State Plan Option and MR Waiver or Departmental licensure regulations. After the initial assessment, the consumer shall be referred to a qualified service provider for treatment appropriate to his condition or needs. 5.5.1.2 Service PlaDalag: The Board shall develop and implement a written ISP for each consumer admitted to service that is appropriate to the needs of the consumer and the scope of the services required. This plan shall include an assessment of level of functioning, treatmeqt goals, and all services and supports needed, whether delivered by the Board, its subcontractors, or by other providers. For individuals with mental retardation, the person-centered process should be used to develop the ISP or plan of care. This process is described in Attachment 5.5.1.2 to this contract. 16. 4-15-99 SFY 2000 Community Services Performance Contract 5.5.1.3 Consumer and Family Member Participation: The Board shall ensure that each consumer and, with the consumer's consent, his family member, guardian, other individual, or authorized representa- tive are given the opportunity to participate to the maximum extent possible in th~ development and modification of the consumer's ISP, including the opportunity to attend service planning and treatment team meetings. The Board shall develop the consumer's individualized services plan with the full involvement and participation of the consumer or that person's legal representative, signified by the consumer's or representative's signature on the plan. 5.5.1.4 Plan Implementation: The implementation of the ISP shaIl be documented and the ISP shaIl be reviewed at least every six months or more often as indicated by the consumer's level of functioning. Discharge planning and discharge from services shaIl be consistent with the ISP or the program's criteria for discharge. The Board must operate within accepted standards of practice for any given service modality. . 5.5.2. Data Access: The Department reserves the right, pursuant to provisions of ~ 37.1-197 of the Code of Virginia, of access to all data, coIlected or maintained by the Board, about individual consumers who are served by the Board with services purchased through this contract. 5.5.3 QuaUty Improvement: The Board shall, to the extent practicable, develop and implement a quality improvement process that utilizes and is consistent with the Performance and Outcomes Measurement System and other data sources to improve services and enable the ongoing review of all major areas of the Board's responsibilities under this contract. 5.5.3.1 QuaUty Improvement Plan: The Board shaIl, to the extent practicable, develop a written quality improvement plan by March I, 2000 that is supervised by an appropriately qualified professional. At a minimum, this plan includes the following components: 1. th~ scope of the quality improvement program; 2. the quality improvement program's goals and objectives; 3. staff responsibilities for various quality improvement activities, such as implementation of performance and outcome measures; 4. the mechanisms used to collect and review data, to determine if 17. 4-15-99 SFY 2000 Community Services Performance Contract "' problems exists, and to ensure that problem areas are addressed in a timely and efficient manner; 5. procedures and actions taken by the Board to insure that all admissions to state mental health and mental retardation facilities are clinically appropriate and comply with the Continuity of Care Procedures in Attachment 5.3.1 to this contract; 6. the mechanisms used to communicate results of quality improvement activities; and 7. the process through which consumers and families will participate in quality improvement activities. The plan shall, to the extent practicable, include consumers receiving long term services and supports in the review and analysis of . quantitative and qualitative assessments of the Board's service delivery activities. The plan shall require review, analysis, reporting, and follow up of consumer deaths for all consumers who were receiving services from the Board or its subcontractors. 5.5.3.3 Coordination of Efforts: The Board shall, to the extent practicable, coordinate its quality improvement activities with those of the Department. The Board shall participate in the implementation of the Performance and OutcomeS-Measurement System. Specific tasks and deliverables for mental health and substance abuse services are in Attachment 5.5.3.4; mental retardation services are in Attachment 5.5.3.5; and prevention services are in Attachment 5.5.3.6. 5.5.4 State Facillty Bed Utilization Targets: The Board shall participate in the Department's development of a state psychiatric bed allocation methodol- ogy by January 1,2000. This methodology, which may include financial incentives and disincentives, shall be used to establish individual Board state facility bed utilization targets for adult acute, adult extended rehabil- itation, and child and adolescent beds beginning on July 1, 2000, as required by fi 37.1-198 of the Code a/Virginia. During this contract period, the Department will track and monitor the Board's utilization of state facility beds b)' type ofbed at each facility. Utilization will be measured by bed daya received by consumers for whom the Board is the case manage- ment board. The Department may display utilization statistics, grouped by type of Board (e.g., kind ofCSB, urban/rural population, budget size), on its Internet Web site. 18. 4-15-99 SFY 2000 Community Services Performance Contract 5.5.5 Board Performance Measures 5.5.5.1 Measures: The Board shall implement Board performance measures, through the Performance and Outcome Measurement System (POMS), in accordance with Attachments 5.5.3.4, 5.5.3.5, and 5.5.3.6 of this. contract to assess its performance: 5.5.5.2 Agency Survey: The Board shall, to the extent practicable, conduct a survey for each progiam area, using the POMS Inter-system Survey, of agencies that make referrals to the Board to assess the satisfaction of those agencies with its services and to identify service needs. 5.5.5.3 Individual Board Performance Measures: The Department may negotiate specific, time-limited measures with the Board to address identified performance concerns or issues. Such measures shall be contained in Attachment 5.5.5.3 to this contract. 5.5.6 Consumer Outcome Measures: At the consumer level, outcome measures describe what the individual is able to achieve, based on his goals and abilities, with the help of the services received from the Board. 5.5.6.1 Implementation: The Board shall implement consumer outcome measures, through the POMS, in accordance with Attachment 5.5.3.4 to this contract. 5.5.6.2 Consumer Satisfaction Survey: The Board shall participate in an assessment of consumer satisfaction, using measures in the Perfor- mance and Outcomes Measurement System, in accordance with Attachment 5.5.3.5 of this contract. 5.5.6.3 Independent Survey: The Department may conduct or contract for an independent assessment of consumer satisfaction with the services of the Board, compare the results with those of other boards, and disseminate this information. . 5.5.7 Program and Service Reviews: The Department reserves the right to conduct reviews of programs or services provided or contracted for by the Board under this contract to examine their quality or performance at any time in.response to concerns or issues that come to its attention. 19. 4-15-99 I SFY 2000 Community Services Performance Contract 5.6 PROTECTION OF CONSUMERS "" 5.6.1 Human Rights 5.6.1.1 Assurance or CODSumen' Human Rights: The Board shall implement a lOcal human rights plan that: (1) complies with the Human Rights Regulations promulgated by the State Mental Health, Mental Retardation and Substance Abuse Services Board, (2) has been approved by the State Human Rights Committee, and (3) ensures the timely and equitable resolution of allegations of human rights viola- tions. The Board shall report allegations of abuse, neglect, or other violations of a consumer's human rights by telephone or facsimile machine within one business day after receiving the allegation to the regional advocate who works with the Board. The Board shall report the results of any investigations of allegations of abuse, neglect, or other violations of consumer's human rights within 72 hours to the regional advocate who works with the Board. However, if the 72 hour period terminates on a Saturday, Suriday, or legal holiday, the Board shall report the results by 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. A Saturday, Sunday, or legal holiday shall be deemed to include the time period up to 8:00 a.m. of the next day that is not a Saturday, Sunday, or legal holiday. The Board shall comply with established procedures for reporting allegations of neglect and abuse of children and adults to the Department of Social Services, in accordance with applicable statutory reporting requirements. 5.6.1.% Department Investigations: The Department will maintain procedures to investigate allegations of human rights violations and reports of critical incidents at the Board and its subcontractors, consistent with its licensure and human rights regulations. 5.6.% Critical Incident Reportlal 5.6.%.1 Immediate Reportlnl: The Board must report the following events to the appropriate local authorities, when applicable, within 15 minutes 'of becoming known and to the Department within three hours of becoming known in the fonn and fonnat required: 20. 4-15-99 SFY 2000 Community Services Performance Contract 1. the death of a consumer, who is receiving serVices through the Board, as a result of a confinned report of abuse, neglect, or exploitation, and 2. the violent death or apparent suicide of a consumer who is receiving services through the Board. 5.6.2.2 Reporting: The Board must report the following events to the Department and appropriate lo~al authorities within 24 hours of becoming known and in the fonn and fonnat required: I. the death of a consumer as a result of suicide, confinned if possible by the appropriate medical examiner's office; 2. the death of a consumer as a result of homicide, confinned if possible by the appropriate medical examiner's office; 3. the death of a consumer from an unintentional overdose; 4. the death of a consumer from other causes (stating the cause); 5. consumer abuse, neglect, or exploitation, in accordance with the regulations cited in section 5.6.1.1 of this contract; 6. consumer-to-consumer physical or sexual assault, where it is detennined to be reportable by the Commonwealth's Attorney; 7. a suicide attempt that results in serious injury to the consumer; 8. physical assaults of staff by consumers, where it is detennined to be a reportable event by the Commonwealth's Attorney; 9. serious injuries requiring medical attention to others caused by consumers; and 10. serious injuries requiring medical attention to consumers. However, if the 24 hour period tenninates on a Saturday, Sunday, or legal holiday, the Board shall report the results by 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. A Saturday, Sunday, or legal holiday shall be deemed to include the time period up to 8:00 a.m. of the next day that is not a Saturday, Sunday, or legal holiday. 5.6.3 Consumer Dispute Resolution Mechanism: The Board shall implement a consumer di$pute resolution mechanism that satisfies the following requirements. 5.6.3.1 Medicaid: Consumers who are potentially eligible or disenrolled Medicaid recipients may appeal Medicaid eligibility and enrollment 21. 4-15-99 SFY 2000 CommuDity Services Performance Contract decisions directly to DMAS. The Board shall make information available to consumers on request and at any time any adverse action is taken to reduce or tenninate Medicaid services or eligibility about how to contact DMAS and access and use its appeal procedures. 5.6.3.2 Grievances: Consumers or their authorized representatives may grieve any aspect of service delivery, including complaints regarding the availability, accessibility, appropriateness, quality, or quantity of care and treatment, that is delivered by or through the Board. Initially, the consumer should attempt to resolve his concern or issue with the his Board case manager. 5.6.3.3 Effect on Services: The filing of a complaint or grievance by a consumer or his authorized representative shall not adversely affect the quantity, quality, or timeliness of services provided to that consumer. 5.6.3.4 Resolution Processes: The Board shall implement an informal complaint resolution process and a formal grievance process that are binding on it, pursuant to f 37.1-197 or -248 of the Code a/Virginia. These processes shall be included as Attachment 5.6.3.4 to this contract and are subject to Department approval. The Board shall: 1. have written policies and procedures that describe its complaint resolution and grievance procedures, including filing instructions, and explain how they operate; 2. communicate this information in languages used by consumers; 3. clearly specify procedural steps for complaint resolutions and grievances, including the name, telephone number, and address of the contact ~n; 4. identify a contact person to receive and be responsible for processing complaints and grievances by consumers; 5. post the name, telephone number, and address of the contact person at all service sites; 6. have sufficient support staff available to process complaints and gri\,vances; 7. educate its staff about the importance of resolving complaints and processing grievances and about the rights of consumers; 8. operate an informal complaint resolution process that consumers can use to ask questions and resolve problems without resorting 22. 4-15-99 SFY :2000 Community Services Performance Contract to formal, written processes - informal complaints are unwritten and must be responded to within seven calendar days; 9. operate a formal grievance process that consumers can use to appeal service delivery decisions in writing; 10. acknowledge receipt of a grievance in writing to the consumer and indicate the expected time frame for processing it; 11. respond to written grievances in writing within 14 calendar days of receipt, except in cases in which a delay could result in death or serious injury to a consumer, in which case, a response must be made immediately (i.e., within 24 hours); 12. have grievance forms available at each service site and provide them to consumers upon request; 13. maintain a record keeping system for formal grievances that includes a copy of the original grievance, the response, and the resolution; and 14. provide a final written response to written grievances within 30 calendar days of receipt of the initial written grievance. The Board's subcontractors should implement an informal complaint resolution process and additionally shall participate in the Board's formal grievance process, as appropriate. 5.6.3.5 Ombudsman'. Omce: The Board shall, to the extent practicable, monitor the complaint resolution and grievance processing activities of its own operations and its subcontractors. The Board shall, to the extent practicable, be prepared to establish an ombudsman's office or a similar function by March 1, 2000. This office or function would assist consumers to resolve conflicts, settle complaints, and address grievances not resolved at previous levels. 5.6.3.6 Department Approval: The Board's consumer complaint resolution and grievance procedures shall satisfy the requirements in section 5.6.3 of this contract. The Board shall submit them to the Department by January 1, 2000, and they are subject to review and approval by the Department. The Department will collaborate with the Bom;d to develop this consumer dispute resolution mechanism. 5.6.3.7 Changes: The Board shall obtain written approval from the Department before implementing changes in its complaint resolution and grievance procedures. 23. 4-15-99 I SFY 2000 Community Services Performance Contract 5.7 REpORTING REQUIREMENTS 5.7.1 Board Responsibilities: For purposes of reporting data and information to the Department, the Board shall: 1. follow Core Services Taxonomy 6, Community Services Reporting Requirements, Human Resource Data Set, and Individualized Client Data Elements IV when respon~g to reporting requirements established by the Department; 2. maintain accurate information on all of its consumers; 3. obtain and maintain automated management information systems, within available resources, capable of processing and reporting standardized consumer, service, encounter and outcome, financial, and personnel information based on the documents listed in item 1 and the requirements of CARS-ACCESS; 4. advise the Department of the development or acquisition of automated information systems to assure their ~dequacy and compatibility with Department requirements; 5. meet all reporting requirements in section 5.7.2 and all administrative performance standards in Attachment 5.7.1 of this contract; 6. report minimum Treatment Episode Data Set (formerly SCADS) information on individual consumers receiving substance abuse services to the Department, as mandated by the federal Substance Abuse and Mental Health Services Administration; 7. input information for the Uniform Facility Data Set; 8. report required demographic and service information in a standardized format prescribed by the Department about consumers with mental illnesses or mental retardation to the Department; 9. report required Inventory of Mental Health Organizations data in accordance with federal requirements; 10. provide the consumer, service, cost, staff, and revenue information required in quarterly and annual reports for this contract; and 11. provide separate reports on Mental Health and Substance Abuse Federal Block grant RFP contracts, when applicable. 5.7.2 Routine RepqrtlDl Requirements: The Board shall account for all costs accurately and submit reports to the Department using CARS- ACCESS in a timely manner to document these costs. The Board shall provide the following information and meet the following reporting requirements to remain in compliance with the terms of this contract. All 24. 4-15-99 SFY 2000 Community Services Performance Contract reports shall be provided in the fonn and fonnat prescribed by the Department. Routine reporting requirements include: 1. types, amounts, and costs of services provided (quarterly), 2. aggregatetota.1 costs of services and supports that consumers received in each identified population group (annually), 3. total number of individuals served in each identified population group (annually), . 4. costs of regional initiatives (quarterly), 5. numbers of consumers served in each service (quarterly), 6. revenues received by source and amount (quarterly), 7. basic socioeconomic and clinical data about consumers (annually), 8. numbers of service complaints, grievances, and resolutions (quarterly), 9. critical incidents (within 3 to 24 hours as they occur), 10. Perfonnance and Outcomes Measurement System data in Attachments 3.5.3.4, 3.5.3.5, and 3.5.3.6 to this contract 1 (semi-annually), 11. static service capacities (quarterly), ~d 12. Federal Balance Report (October 30, 1999). 1 Due dates are specified in the Attachments. Quarterly reports are due in the Department 45 days after the end of the quarter, and annual reports are due in the Department 60 days after the end of the state fiscal year, unless otherwiSe specified s. 7.3 Participation in Department Information Systems: The Board shall, to the extent practicable, supply infonnation to other applicable Department infonnation systems as these systems become available. These systems may include: the Forensics Infonnation Management System (FIMS), the Human Rights Information System, and the Perfonnance and Outcomes Measurement System (POMS). 6.0 BOARD REQUIREMENTS 6.1 Loeal Governance: The Board and its board of directors shall be constituted legally, in accordance with ~~ 37.1-195 and -196 or -244 and -245 of the Code of Virginia, and its operation shall be governed by a set of bylaws that is reviewed and updated at least every four years by the board of directors. The Board shall provide infonnation about the composition of its board of directors in Attachment 6.1 of this contract. 25. 4-15-99 SFY 2000 Community Services Performance Contract 6.2 Board Administrative Requirements 6.2.1 Board of Directon Administrative Requirements - 1. The board of directors shall adopt and implement policies and procedures for decision-making and program operations. 2. The board of directors shall monitor direct and contractual service and program operations through regular service and financial reports, CPA audits, and periodic evaluations. 3. The board of directors shall maintain a formal record of its deliber- ations and actions, normally written minutes. Those minutes shall reflect actions required by the Virginia Freedom of Information Act to enter into and exit from executive sessions. The Board shall provide copies of its meeting announcements and minutes, long range plans, and annual reports to the Department as they are distributed publicly. 6.2.2 Board Document Submission Requirements: Along with the reporting requirements in section 5.7, the Board shall meet the following document submission requirements. Board Requirement 1. Performance Contract 2. Audit Reports 3. Federal Block Grant I.V. Drug Abuse Treatment Utilization Reports 4. Amended Performance Contracts 5. Federal Block Grant Pregnant Women Capacity Due Date June 18 Specified in the Financial Management Standards for Community Services Manual Whenever any I. V. drug abuse treatment program receiving federal block grant funds reaches or exceeds 90% of capacity December 31 and May 26 Whenever the Board has insufficient capacity to treat a pregnant woman 6.2.3 Performance Contract Process: The Board shall follow the procedures and satisfy th~ requirements in the Performance Contract, contained in Attachment 6.2.3 to this contract. 26. 4-15-99 SFY 2000 Community Services Performance Contract 6.2.4 Planning: The Board shall participate in collaborative local and regional service and management infonnation systems planning with state facilities, other Boards, other public and private human services agencies, and the Department, as appropriate. In accordance with ~ 37.1-197 of the Code of Virginia, ~e Board shall provide input into long-range planning activities conducted by the Department, including the Comprehensive State Plan Update for 2000-2006, required by ~ 37.1-48.1 of the Code of Virginia. The Board shall implemen! and maintain unduplicated community waiting lists, which meet Department criteria, for identified populations, beginning on January 1,2000. The Board shall develop its annual Comprehensive Community-Based Prevention Plan in accordance with the guidance package issued by the Department and submit its plan to the Department for review and approval. 6.3 CompUance with Federal and State Statutes, Regulations, and Requirements 6.3.1 General Compliance Requirements: 'J?te Board shall satisfy the following general compliance requirements to receive funds from the Department. The Board shall comply with applicable state and federal statutes and regulations; State Mental Health, Mental Retardation and Substance Abuse Services Board regulations and policies; and Department procedures including: 1. Community Mental Health, Mental Retardation and Substance Abuse Services, ~~ 37.1-194 through -202.1 of the Code of Virginia; 2. State and Local Government Conflict of Interests Act, ~~2.1- 639.1 through -639.24; 3. Virginia Freedom oflnfonnation Act, ~~ 2.1-340.1 through -346.1, including its notice of meeting and pubic meeting provisions; 4. Privacy Protection Act, ~~ 2.1-377 through -386; 5. Virginia Public Procurement Act, ~~ 11-35 through -80; 6. Disclosure of Patient Infonnation to Third Party Payors by Professionals, ~~ 37.1-225 through -233; 7. Substance Abuse Services, ~~ 37.1-203 through -223 of the Code; 8. Other applicable provisions of Title 37.1 of the Code of Virginia; 9. Confidet1tiality of Alcohol and Substance Abuse Records, 42 C.F.R. Part 2; 10. Human Rights Regulations promulgated by the State Mental Health, Mental Retardation and Substance Abuse Services Board; 11. Licensure Regulations promulgated by the State Mental Health, 27. 4-15-99 SFY 2000 Community Services Performance Contract Mental Retardation and Substance Abuse Services Board; 12. Procedures for Continuity of Care Between Community Services Boards and State Psychiatric Facilities; 13. Continuity of Care Procedures; and 14. Applicable pr?visions of the 1999 Appropriation Act. 6.3.2 Specific Federal and State Requirements: The Board certifies that it is in full compliance with all applicable federal and state statutes, regulations, policies, and other requirements, including those in Attachment 6.3.2 to this contract. 6.4 Procurement Requirements, PoUcies, and Procedures 6.4.1 Virginia Public Procurement Act: The Board shall comply with the proVisions of the Virginia Public Procurement Act and with requirements established pursuant to it for procurement, property management, and risk management, as set forth in the current Community Services Procurement Manual issued by the Department. . 6.4.2 Procuremeat PoUcies and Procedures: Written procurement policies and procedures shall be in effect that address internal procurement responsi- bilities, small purchases and dollar thresholds, ethics, and disposal of surplus property. Written procurement policies and procedures relating to vendors shall be in effect that address how to sell to the Board, procure- ment, default, and protests and appeals. AIl written policies and procedures must conform to the Virginia Public Procurement Act, ~~ 11-35 through -80 of the Code of Virginia and the current Community Services Procurement Manual issued by the Department. 6.4.3 Procuremeat Maaual: The Board shall be in material compliance with the requirements contained in the current Community Services Procurement Manual issued by the Department. The Department shall revise and update this manual as needed and shall provide a copy to the Board. 6.4.4 Penoaael: The Board shall, to the extent practicable, employ sufficient staff with appropriate knowledges, skills, abilities, and experience to meet the procurement-related requirements of this contract. 28. 4-15-99 ill SFY 2000 Community Services Performance Contract 6.4.5 Department Review: The Department may conduct a review of the Board's procurement activities at any time during the term of this contract. The review will include a sampling of Board subcontracts. The Board shall submit a formal plan of correction to the Department within 30 days of receipt of the official report ofa review. Minor compliance issues must be corrected within 30.days of submitting the plan. Action to correct major compliance issues must be initiated within 30 days and completed within 180 days of submitting the plan, unless the Department grants a written waiver. Results of the review and the Board's progress in correcting any deficiencies may be included in any information about boards that may be issued by the Department. 6.5 Financial Management Requirements, Policies, and Procedures 6.5.1 Generally Accepted Accounting Principles: The financial management! accounting system must operate and produce financial statements and reports in accordance with Generally Accepted Accounting Principles (GAAP). It must include necessary personnel and financial records and a fixed assets system. It must provide for the practice of fund accounting and adhere to cost accounting guidelines issued by the Department. The Board must inform the Office of Financial Assistance and Review in the Department of the acquisition of any automated financial management information system to assure its adequacy and compatibility with Department requirements. 6.5.2 Accounting: The Board shall account for all service and administrative costs accurately and submit timely reports to the Department to document these costs. The Board shall provide input as the Department identifies standardized cost accounting and financial management requirements that the Board must satisfy beginning on July 1, 2000, pursuant to ~ 37.1-198 of the Code afVirginia. The Department will establish these requirements by January 1,2000. The Board shall take all necessary actions to ensure that it will meet these requirements by July 1,2000. 6.5.3 Annual Independent Audit: If it is an operating Board, an administrative policy Board that is not included in a city or county government audit, or a behavioral health authority, the Board shall obtain an annual audit conducted by independent certified public accountants. Audited financial statements shall be prepared in accordance with generally accepted accounting principles (GAAP). The appropriate GAAP basis financial 29. 4-15-99 SFY 2000 Community Services Performance Contract reporting model is the Health Care Organizations Guide produced by the American Institute of Certified Public Accountants. Copies of the audit and the accompanying management letter must be provided to the Department and to each local government that established the Board. The Board shall, to the extent practicable, obtain an unqualified audit opinion. Deficiencies and exceptions noted in the audit or management letter must be resolved or corrected within a reasonable period of time, mutually agreed upon by the Board and the Department If the Board is not included in a city or county government audit, it must publish a statement of financial condition in a local newspaper, pursuant to ~ 2.1-164 of the Code of Virginia. 6.5.4 Performance Contract nata Audit: Pursuant to ~ 37.1-195 of the Code of Virginia, the Board shall have the data that it submits through its contract with the Department audited annually. At a minimum, the audit must determine if the data reported was materially accurate. The data examined in the audit may consist of a sample of the data submitted. 6.5.5 Federal Audit Requirements: When feaeral grants are sub granted to the Board by the Department, ail audit requirements of the federal government must be satisfied 6.5.6 Bonding: Employees with financial responsibilities shall be bonded in accordance with local financial management policies. 6.5.7 Fiscal Policies and Procedures: Written fiscal policies and procedures shall conform to applicable State Board policies and Departmental policies and procedures, contained in the Financial Management Standards for Community Services Manual issued by the Department. 6.5.8 Financial Management Manual: The Board shall be in material compliance with the requirements in the current Financial Management Standards for Community Services Manual issued by the Department. The Department shall revise and update this manual as needed and shall provide a copy to the Board. 6.5.9 Federal Block Grant Requirements: Federal Mental Health Services . and Substance Abuse Prevention and Treatment Block Grant funds shall not be used for inpatient services or mental health residential services, cash payments to consumers, land purchase, construction, permanent capital and physical plant improvements (other than minor remodeling), satisfying 30. 4-15-99 SFY 2000 Community Services Performance Contract requirements for expenditure of non-federal funds, or pro'viding financial assistance to any entity other than a public or private non-profit entity. 6.5.10 Local Government Approval: The Board shall submit this contract to the local government(s) in its service area for review and approval, pursuant to ~ 37.1-198 of the Code of Virginia. The Board shall complete Attach- ment 6.5.10 to document local government approval of this contract. 6.5.11 Personnel: The Board shall, to the 'extent practicable, employ sufficient staff with appropriate knowledges, skills, abilities, and experience to meet the financial management-related requirements of this contract. 6.5.12 Department Review: The Department may conduct a review of the Board's financial management activities at any time during the tenn of this contract. The Board shall submit a fonnal plan of correction to the Department within 30 days of receipt of the official report of a review. Minor compliance issues must be corrected within 30 days of submitting the plan. Action to correct major compliance issues must be initiated within 30 days and completed within 180 days of submitting the plan, unless the Department grants a written waiver. The results of the review and the Board's progress in correcting any deficiencies may be included in any infonnation about boards that may be issued by the Department. 6.6 Reimbursement Requirements, PoUcies, and Procedures 6.6.1 Denial of Services: Appropriate services may not be denied to individuals solely because of their inability to pay for such services. 6.6.2 Reimbursement System: The Board's reimbursement system shall comply with ~~ 37.1-197, 37.1-202.1, and 20-61 of the Code of Virginia. Its operation must be described in organizational charts identifying all staff members, flow charts, and specific job descriptions for all personnel involved in the reimbursement system, 6.6.3 PoUeles and Procedures: Written fee collection policies and procedures shall be adeqqate to maximize revenues from consumers and responsible third party payors. 6.6.4 Schedule of Charges: A schedule of charges shall exist for all services, be related reasonably to the cost of the services, and be applicable to all 31. 4-15-99 SFY 2000 Community Services Performance Contract recipients of the services. 6.6.5 AbUlty to Pay: A method, approved by the Board's board of directors, that complies with applicable state and federal regulations shall be used to evaluate the ability ~f each consumer to pay fees for services received. 6.6.6 Reimbunement Manual: The Board shall be in material compliance with the requirements in the current Community Services Reimbursement Manual issued by the Department. the Department shall revise and update this manual as needed and shall provide a copy to the Board. 6.6.7 Personnel: The Board shall, to the extent practicable, employ sufficient staff with appropriate knowledges, skills, abilities, and experience to meet the reimbursement-related requirements of this contract. 6.6.8 Department Review: The Department may conduct a review of the Board's reimbursement activities at any time during the term of this contract. The Board shall submit a forma! plan of correction to the Department within 30 days of receipt of the official report of a review. Minor compliance issues must be corrected within 30 days of submitting the plan. Action to correct major compliance issues must be initiated within 30 days and completed within 180 days of submitting the plan, unless the Department grants a written waiver. The results of the review and the Board's progress in correcting any deficiencies may be included in any information about boards that may be issued by the Department. 6.6.9 Medicaid and Medicare Regulations: The Board shall comply with all applicable federal and state Medicaid and Medicare regulations, policies, procedures, and provider agreements. Medicaid non-compliance issues identified by Department ~will be formally communicated to DMAS. 6.7 Human Resource Management Requirements, PoUcles, and Procedures 6.7.1 Code Requirements: The Board shall operate or be part of a human resource management program that complies with state and federal statutes, regulations, 8.\ld policies. 1. If the Board is an operating community services board or behavioral health authority, it shall: a. provide a copy of the current position description, salary range 32. 4-15-99 , SIT 2000 Community Services Performance Contract and advertisement for the executive director's position, when it becomes vacant, to the Department for its review, pursuant to ~ 37.1-197 of the Code o/Virginia,: b. submit a copy of the annually renewable contract for its execu- tive dire~tor with this performance contract for the Department to ascertain compliance with ~ 37.1-197 of the Code o/Virginia; c. provide a copy of the current position description or contract for the executive director to ~e Department for its use in developing the minimum qualifications required by ~ 37.1-197 of the Code 0/ Virginia; and d. submit a copy of its employee grievance procedure to the Department for its review to assure that the Board complies with ~ 15.2-1506 or -1507 and ~ 2.1-116.010 of the Code o/Virginia. 2. If the Board is an administrative policy board or local government department, it shall provide: a. the current position description when the executive director's position becomes vacant to the. Department for its review to detennine compliance with the minimum qualifications required by ~ 37.1-197 of the Code 0/ Virginia; and b. a copy of the current position description or contract to the Department for its use in developing the minimum qualifications required by ~ 37.1-197 of the Code o/Virginia. 6.7.2 PoUcles and Procedures: The Board's written human resource management policies and procedures must include a classification plan and a uniform employee pay plan and address: benefits, progressive discipline (standards of conduct), professional conduct, employee ethics, conflicts of interest, employee performance evaluation, equal employment opportunity, employee grievances, hours of work, leave, outside employment, recruit- ment and selection, transfer and promotion, tennination and layoff, travel, initial employee orientation, examinations, employee-Board executive director and board of directors contact protocol, and on-the-job expenses. If the Board is an operating board or behavioral health authority, policies must be reviewed and revised by its board of directors as necessary and at least every four yqrs. If the Board is an administrative policy board or a policy- advisory with a local government department, policies must be reviewed and revised in accordance with local government requirements. 33. 4-15-99 . SFY 2000 Community Services Performance Contract 6.7.3 Job Descriptions: The Board must have written, up-to-date job descrip- tions for all positions that include identified essential functions, explicit responsibilities, and qualification statements, expressed in terms of know 1- edges, skills, and abilities as well as business necessity and bona fide occupational quali~cations or requirements. If the Board is an operating board or behavioral health authority, job descriptions- must be reviewed and revised as necessary whenever the position becomes vacant, the classifica- tion plan is revised, or at least every two years. If the Board is an adminis- trative policy board or a policy-advisory board with a local government department, job descriptions must be reviewed and revised in accordance with local government requirements. 6.7.4 Grievance Procedure: If the Board is an operating community services board or a behavioral health authority, its grievance procedure must satisfy ~ 15.2-1506 or -1507 of the Code of Virginia. 6.7.5 Uniform Pay Plan: The Board or the l~al government, if the Board is an administrative policy community services board or a policy advisory community services board with a local government department, has adopted a uniform pay plan in accordance with ~ 15.2-1506 of the Code of Virginia and the Equal Pay Act of 1963. 6.7.6 Penonnel: The Board shall, to the extent practicable, employ sufficient staff with appropriate knowledges, skills, abilities, and experience to meet the human resource management-related requirements of this contract. 6.7.7 Department Review: Employee complaints regarding the Board's human resource management practices will be referred back to the Board for appropriate local remedies. The Department may conduct a human resource management review to ascertain the Board's compliance with contract requirements and assurances, based on complaints or other information received about the Board's human resource management. If a review is done and deficiencies are identified, the Board shall submit a formal plan of correction to the Department within 30 days of receipt of the official report of a review. Minor compliance issues must be corrected within 30 days of submitting th~ plan. Action to correct major compliance issues must be initiated within 30 days and completed within 180 days of submitting the plan, unless the Department grants a written waiver. The results of the review and the Board's progress in correcting any deficiencies may be included in any information about boards that may be issued by the Department. 34. 4-15-99 SFY 2000 Community Services Performance Contract 6.7.8 Background Gbecks: The Board shall perform the criminal background and child abuse and neglect registry checks required by and comply with the other provisions of ~ 37.1-197.2 of the Code of Virginia. 6.8 Information Tecbnololf Capabilities and Requirements: The Board shall meet the following requirements. 6.8.1 Hardware and Software Procurement: Any hardware and software purchased by the Board shall be capable of addressing requirements established by the Department, including communications, compatibility, and network protocols and the reporting requirements in section 5.7 of this contract. Such procurements may be subject to review and approval by the Department. 6.8.2 Operating System: The Board shall use or have access to an operating system that is compatible with or is able to communicate with the Depart- ment's NT network. The Board's computer network or system must be capable of supporting and nmning the DePartment's CARS-ACCESS software. 6.8.3 Electronic Communication: The Board shall ensure that its information systems communicate with those used or developed by the Department. Such integration shall include, at a minimum, file exchanges and automated routines for matching consumers in the data systems. TCPI IP is the acceptable communication protocol for transmission of data to the Department by the Board. 6.8.4 Penonnel: The Board shall, to the extent practicable, employ sufficient staff with appropriate know ledges, skills, abilities, and experience to meet the information technology-related requirements of this contract. 6.8.5 Data Access: The Board shall develop and implement automated systems that allow for output of fiscal, service, and consumer data, taking into consideration the need for appropriate security and confidentiality. Output shall be in a fonnat prescribed by the Department. In addition to regular reports, such ~ta may be used to prepare ad hoc reports on these consumers and services and to update Department files using this information. The Board shall ensure that its infonnation systems meet all applicable state and federal confidentiality requirements, particularly concerning the distribution of identifying information, diagnosis, service history, and service use. 35. 4-15-99 SFY 2000 Community Services Performance Contract 6.8.6 Y2K (Year 2000) CompUance: The Board shall implement its plan, which was required by the FY 1999 Performance Contract, to ensure Y2K compliance for its operations. Y2K compliance means an uninterrupted ability to conduct normal business operations into the year 2000 and beyond, in the follo~g five risk categories. 1. Information systems refers to the business software applications that the Board has created or purc~ed from a vendor. 2. Facility and embedded chip refers to the equipment used to support the Board's facilities (e.g., elevators, security systems, ventilation systems) or to the Board's equipment that supports business operations (e.g., PCS, fax machines, copiers, medical equipment). 3. Telecommunications refers to the network software or equipment used by the Board to support its telecommunications environment. Compliance shall be ensured up to ~e point of data transfer. 4. Supply chain refers to the vendors or suppliers upon whom the Board relies for the receipt of goods and services (e.g., telephone service, utilities, office supplies, medications, equipment). Compliance shall be ensured up to the point of data transfer. S. Data exchange refers to compatibility of exchanged file formats between two separate organizations, such as the Board and the Department. Board performance is a function of all five risk categories. Failure in any one could jeopardize its ability to provide quality services. In accordance with provisions in the FY 1999 Performance Contract, the Board continues to agree that year 2000 compliance problems will not be accepted by the Department as reasons for approving delays in the submission of SFY 2000 fourth quarter reports. 6.9 Licensure Requirements: The Board shall satisfy the following licensure requirements. 1. All programs or services subject to licensure shall have a current appropriate license issued by the Department or other applicable governmental entity. 36. 4-15-99 . SFY 2000 Community Services Performance Contract 2. The Board shall establish a system to ensure ongoing compliance with applicable licensure regulations. 3. Corrective action plans, complaint information, notification of conditions that require a modi~cation of a license and application(s), as required, shall be submitted to the Department in accordance with applicable licensure regulations. 4. The Board shall comply with all other applicable federal, state, or local laws and regulations. s. The Board shall comply with all applicable human rights statutes and with regulations promulgated by the State Mental Heal~ Mental Retardation and Substance Abuse Services Board. 6. Results of licensure reviews, including unannounced visits, scheduled reviews, and complaint investigations, shall be provided to all members of the Board in a timely manner. . 7.0 SUBCONTRACTING 7.1 Subcontracting: Regardless of whether the Board directly fulfills the requirements of this contract or does so through a subcontractor, agent, or employee, the Board remains fully and solely responsible and accountable for meeting all of its obligations and duties under this contract. All subcontracting must comply with applicable state and federal statutes, regulations, and guide- lines, including the Virginia Public Procurement Act (vpP A). All arrangements for the provision of subcontracted activities shall be formalized in a written contract between the Board and the subcontractor. Whenever solicitations are made, the Board shall include businesses selected from a list made available by the Department of Minority Business Enterprise. The Board agrees to provide copies of such contracts or other documents to the Department upon request. 7.2 Subcontracts: The written contract must, as applicable and at a minimum, state the activities to be performed, the time schedule and duration, the policies and requirements that 8.fe applicable to the subcontractor, the maximum amount of money for which the Board may become obligated, and the manner in which the subcontractor will be compensated, including payment time frames. Subcon- tracts shall not contain provisions that require a subcontractor to make payments to the Board or that accept contributions to the Board from a subcontractor, either 37. 4-15-99 SFY 2000 Community Services Performance Contract to supply the Board with matching funds for Medicaid or as a condition of doing business with the Board. The Board shall not include, assess, or otherwise allocate its own administrative costs in its contracts with subcontractors. 7.3 Payments to Subcontractors: The Board shall not reduce its payments to a subcontractor in order to -recover funds used as Medicaid match, except when services are converted to SPO or MR Waiver funding or when Medicaid payments through the Board are disallowed by DMAS. 7.4 Subcontractor CompUance: The Board shall require that its subcontractors comply with the requirements of all applicable federal and state statutes, regulations, and policies that affect or are applicable to the services covered by this contract. The Board shall require all subcontractors to maintain compliance with the Human Rights Regulations promulgated by the State Mental Health, Mental Retardation and Substance Abuse Services Board, or such other regulations applicable to their services. 7.5 Subcontractor Dispute Resolution: The Board shall include contract dispute resolution procedures in its contracts with subcontractors. 7.6 Human Rights Reporting: The Board shall require that its subcontractors comply with established procedures for reporting allegations of abuse, neglect, or other violations of a consumer's human rights by telephone or facsimile machine within one business day after receiving the allegation to the Board and to the regional advocate who works with the Board. The Board shall require that its subcontractors comply with established procedures for reporting allegations of neglect and abuse of children and adults to the Department of Social Services, in compliance with applicable statutory reporting requirements. 7.7 Licensure: The Board shall require that any agency, organization, or individual with which it intends to subcontract services that are purchased through this contract is fully qualified and possesses and maintains current all necessary licenses or certifications from the Department and other applicable regulatory entities before it enters into the subcontract and before it places consumers in the subcontracted service. 7.8 Quality Improveoient Activities: The Board shall, to the extent practicable, incorporate specific language in its subcontracts regarding the quality improvement activities of the Board. Each vendor that subcontracts with the Board should have its own quality improvement system in place or should participate in the Board's quality improvement program. 38. 4-15-99 SFY 2000 Community Services Performance Contract 8.0 SPECIAL TERMS AND CONDmONs 8.1 Availability of Funds: It is understood and agreed between the parties herein that the Department and the Board shall be bound hereunder only to the extent of the funds available or w~ch may hereafter become available for the purpose of this contract. If the Board is a local government department with a policy- advisory community services board or an administrative policy community services board that is a city or county department, this section alsb applies to the local government or governments that established the Board. 8.2 Adjustments of Allocations and Payments of State-ControIled Funds: The Board agrees that the Department may adjust state-controlled funds during the year to reflect types and amounts of services delivered. The Department may reduce allocations or payments of state general and federal funds to the Board at any time during the term of this contract to reflect the Board's failure to deliver contracted levels of services being purchased through this contract. 8.3 ISubcontracted Responsibilities: The Board may subcontract or out-source any or all of the requirements of this contract. However, the Board shall remain responsible for all services, deliverables, terms, and conditions without regard to its subcontracting or out-sourcing arrangements. 8.4 Prompt Payments to Subcoatracton: The Board shall comply with the provisions of ~ 11-62.10 et seq. of the Code o/Virginia providing for the prompt payment of bills by agents of local government. 8.5 Prevailing Laws: All services provided by Board pursuant to this contract shall be performed to the satisfaction of the Department, and in accordance with all applicable federal, state, and local laws, ordinances, roles, and regulations. The Board shall not receive payment for services found by the Department to be unsatisfactory or performed in violation of federal, state, or local law , ordinance, rule, or regulation. 8.6 Authorities: Nothing in this contract shall be construed as authority for either party to make commitments that will bind the other party beyond the Scope of Work contained he{ein. 8.7 CompUance: The Department may utilize a variety of remedies, including but not limited to requiring a corrective action plan, imposing financial penalties for non-performance, withholding payment, and terminating the contract, to assure 39. 4-15-99 SFY 2000 Community Services Performance Contract Board compliance with this contract. Specific remedies, described in Attachment 5.7.1 of this contract, shall be taken if the Board fails to satisfy the reporting requirements in this contract. As authorized by ~ 37.1-199 of the Code of Virginia, the Department may withdraw state general and federal funds from the Board. A written notice ~cifying the cause of such action shall be delivered to the Board t s chainnan and executive director at least 50 business days prior to the date of actual withdrawal of funds, during which the Board may utilize the dispute resolution process in section 8.12. 8.8 CompUaDce Review: The Department may conduct a compliance review of provisions of this contract at any time. 8.9 Disputes: Resolution of disputes arising from Department contract compliance review and perfonnance management efforts may be pursued through the dispute resolution process. It may be used to appeal only the following conditions: I. reduction or withdrawal of state general or federal funds (unless funds for this activity are withdrawn by action of the General Assembly or federal government) or adjustment of allocations or payments pursuant to sections 4.1 or 8.2. of this contract; 2. tennination or suspension of the perfonnance contract, unless funding is no longer available; 3. refusal to negotiate or execute a contract modification; 4. disputes arising over interpretation or precedence of tenns, conditions, or scope of the perfonnance contract; 5. detennination that an expenditure is not allowable under this contract; and 6. determination that the perfonnance contract is void. 8.10 TermlnadoD: This contract may be terminated in the following circumstances. 1. The Department may terminate this contract immediately, in whole or in part, at any time during the contract period if funds for this activity are withdrawn or not appropriated by the General Assembly or are not provided by the federal government. In this situation, the obligations of the Department and the Board under this contract shall cease immediately. , 2. In accordance with ~ 37.1-198 of the Code of Virginia, the Department may tenninate all or a portion of this contract, after unsuccessful use of the remediation process described in section 8.11 and after affording the Board an adequate opportunity to use the dispute resolution process described in 40. 4-15-99 . '\ , SFY 2000 Community Services Performance Contract section 8.12 of this contract. A written notice specifying the cause must be delivered to the Board's board chainnan and executive director at least 50 business days prior to the date of actual tennination of the contract. 8.11 Remediation Process: !he remediation process referenced in ~ 37.1-198 of the Code of Virginia is an infonnal procedure that will be used by the Department and the Board to address a particular situation or condition identified by the Department that may, if unresolved, result in termination of the ~ontract, in accordance with the provisions of section 8.10 of this contract. When a situation arises that indicates the need for a remediation process, the details of this process shall be developed by the parties and included in Attachment 8.11 to this contract. This attachment shall describe the situation or condition and include the perfonnance measures that will document a satisfactory resolution of the situation or condition. 8.12 Dispute Resolution Process: Disputes arising from any of the conditions in section 8.9 shall be resolved using the following process. 1. Within 10 business days of receipt of a disputable action by the Department, the Board shall submit a written notice to the Department's Director of Community Contracting, stating its desire to use the dispute resolution process. The written notice must describe the condition, nature, and details of the dispute and the relief sought by the Board. 2. The Director of Community Contracting shall review the written notice and determine if the dispute falls within the conditions listed in section 8.9. If it does not, the Director of Community Contracting shall notify the Board within five business days of receipt of the written notice from the Board that the dispute is not subject to this dispute resolution process. 3. If the dispute falls within the conditions listed in section 8.9, the Director of Community Contracting shall notify the Board within five business days of receipt of the written notice from the Board that a panel will be appointed within 10 business days to conduct an administrative hearing. 4. Within 10 b~iness days of notification to the Board, the Commissioner's designee shall appoint a panel of no less than three and no more than five disinterested individuals to hear the dispute. Each panel member will be informed of the nature of the dispute and be required to sign a statement indicating no knowledge of nor interest in the dispute. Any person with 41. 4-15-99 . SFY 2000 Community Services Performance Contract ('. I, knowledge or interest shall be relieved of panel responsibilities and another person shall be selected as a panel member. 5. The Director of Community Contracting will contact the Board by telephone and ~ge for a panel hearing at a mutually convenient time, date, and place. The hearing shall be scheduled not more than 10 business days after the selection of the panel members. Confinnation of the time, date, and place will be communicated to all parties at least five business days in advance of the hearing. . 6. The panel members shall elect a chairman and the chainnan shall convene the panel. The party requesting the panel hearing shall present evidence first, followed by the presentation of the other party. The burden shall be on the party requesting the panel hearing to establish that the disputed decision was incorrect and to present the basis in law, regulation, or policy for its assertion. The panel may hear rebuttal evidence after the initial presentations by the Department and the Board. The panel may question either party in order to obtain a clear understanding of the facts. 7. The panel shall convene in closed session at the end of the hearing, and it shall issue written recommended findings of fact within five business days of the hearing. The recommended findings of fact shall be submitted to the Commissioner for a final decision. 8. The findings of fact shall be final and conclusive and shall not be set aside by the Commissioner unless they are (1) fraudulent, arbitrary, or capricious; (2) so grossly erroneous as to imply bad faith; or (3) in the case oftennina- tion of the contract due to failure to perfonn, the criteria for perfonnance measurement are found to be erroneous, arbitrary, or capricious. 9. The final decision shall be sent by certified mail to the Board no later than 40 business days after receipt of the written notice from the Board invoking the dispute resolution process. 10. Multiple appeal notices shall be handled independently and sequentially so that an initial flppeal will not be delayed by a second appeal. 11. The Board may seek judicial review of the final decision as provided in ~ 11-71 of the Code of Virginia in the Circuit Court for the City of Richmond within 30 days of receipt of the final decision. 42. 4-15-99 . '- 1 . SFY 2000 Community Services Performance Contract In the event of contract tennination, only payment for allowable services rendered by the Board shall be made by the Department. 8.13 Closeout 1. In the event that this contract is tenninated for any reason, the Board shall cooperate with the Department to implement a transition plan for consumers served under this contract. The Department shall have the sole authority for approving the adequacy of the transition plan, including providing for the financing of said plan, with the Board being responsible for supplying any required local matching funds. The transition plan shall set forth the process and time frames for the transition. This plan shall be in effect and the Board's obligations under this contract shall not cease until successful completion of the transition of all consumers to other Boards. 2. If this contract is tenninated or ends, the Board shall provide within 90 days all financial, perfonnance, and other reports and infonnation to the Department that are required as a condition of this contract. In the event of tennination of this contract, payment for any and all valid claims by subcontractors for services rendered to consumers prior to the effective tennination date shall be the responsibility of the Board. Should additional statistical or management infonnation be required by the Department when this contract ends or is tenninated, the Department shall give at least 45 calendar days notice. Additionally, a preliminary written estimate of anticipated accounts payable to the Department or accounts receivable from the Department shall be submitted within 30 days following the completion of the contract tennination transitional plan using Department and local funds as provided in this contract. 8.14 Audit Records: The Board shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The Department, its authorized agents, or State auditors shall have full access to and the right to examine any of said materials during said period. 9.0 GENERAL TERMS ANI). CONDmONS 9.1. Applicable Laws and Courts: This contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. 43. 4-15-99 SFY 2000 Community Services Performance Contract r i" 9.2. Anti-Discrimination: By execution of this contract, the Board certifies to the Department that it will conform to the applicable provisions of Title VII of the Federal Civil Rights Act of 1964, as amended, the Equal Pay Act of 1963, Sections 503 and 504 of the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Act of 1974, the Age Discrimination Act of 1975, the Americans With Disabilities Act of 1990, the Virginians With Disabilities Act, the Virginia Fair Employment Act of 1975, the Civil Rights Act of 1991, regulations issued by the Federal Granting Agencies, Executive Orders 11246 and 11375, other applicable statutes and regulations, including Section 11-51 of the Virginia Public Procurement Act, and paragraphs 1 and 2 below. 1. During the performance of this contract, the Board agrees as follows: a. The Bo.ard will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Board. The Board agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Board, in all solicitations or advertisements for employees placed by or on behalf of the Board, will state that the Board is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. 2. The Board will include the provisions of paragraph 1 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 9.3 Ameadmeats: This contract, including all exhibits, attachments and incorpor- ated documents, constitutes the entire agreement between the Department and the Board. The services identified in the Scope ofW ork and Exhibit A may be amended in accordalnce with the performance contract revision instructions, contained in Attachment 9.3 to this contract. Other provisions of this contract may be amended only by mutual agreement of the parties, in writing and signed by the parties hereto. 44. 4-15-99 SFY 2000 Community Services Performance Contract 9.4 Liability: The Board shall defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from its performance of this contract. The Board shall obtain and maintain sufficient liability insurance to cover claims for bodily injury and property damage and suitable administrative or directors and officers liability insurance. These responsibilities may be discharged by means of a proper and sufficient' self-insurance program operated by the state or a city or county government. The Board shall provide a copy of any such policy or program to the Department upon request. This contract is not intended to, and does not, create by implication or otherwise any basis for any claim or cause of action by a person or entity not a party to this contract, arising out of any claimed violation of any provision of this contract. 9.S Compliance Assurances: This contract shall in all respects be governed by, and construed in accordance with, the laws of the United States and the laws of the Commonwealth of Virginia. The Board shall comply with all applicable federal, state, and local laws and lawfully enacted administrative rules and regulations. If any laws or administrative rules or regulations that become effective after the date of the execution of this contract substantiaIiy change the nature and conditions of this contract, they shall be binding upon the parties, but the parties retain the right to exercise any remedies available to them by law or by any other provisions of this contract. 9.6 Relationship: This contract shall not be construed to establish any employer- employee or principal-agent relationship between employees of the Board or its board of directors and the Department or between employees or the board of directors of any of the Board's subcontractors and the Department. 9.7 Federal Immigration Reform and Control Act of 1986: The Board and its subcontractors do not and will not employ illegal alien workers or otherwise violate provisions of this act during the performance of this contract. 9.8 Drug Free Workplace: The Board acknowleJges and certifies that it under- stands that the following acts by the Board, its employees, and agents performing services for it are prohibited: 1. the unlawful or unauthorized manufacture, distribution, dispensation, , possession or use of alcohol or other drugs; and any impairment or incapacitation from the use of alcohol or other drugs (except the use of drugs for legitimate medical purposes). 2. 45. 4-15-99 , SFY 2000 Community Services Performance Contract The Board further certifies its compliance with these requirements and acknowl- edges that it understands that a violation of these prohibitions constitutes a breach of contract and may result in default action being taken by the Department in addition to any criminal penalties that may result from such conduct. 9.9 Severability: Eachparagraph and provision of this contract is severable from the entire performance contract and the remaining provisions shall nevertheless remain in full force and effect if any provision is declared invalid or unenforceable. .. 9.10 Precedence of Terms: The terms and conditions of this contract shall apply in all instances. In the event of a conflict between any of these terms and conditions and those of any other contracts or subcontracts, the terms and conditions of this contract shall apply. 9.11 Counterparts: This community services performance contract shall be executed in two counterparts, each of which ~1.1 be deemed an original. 1 0.0 SIGNATURES: In Witness thereof, the Department and the Board have caused this performance contract to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services Blue Ridqe Community Services Board By: By: ~~~ .?J~ Name: Richard E. Kellogg Title: Commissioner ,..- Name: Rodnev P. Furr Title: Chairman of the Board Date: June 14, 1999 ,I By: ~ rr .rR~1j Name: Fred P. Roesse1, Jr. Title: Executive Director Date: June 14, 1999 46. 4-15-99 SFY2000 Community Services Performance Contract Exhibit A Blue Ridge Consolidated Mental Health Services Summary: Total Revenues for Services - ----~.._------~--~---------,..~ Revenue Source Funding Category - ~-----_.~---_. ---_._-~~.- --~-----_.._..._.- -- Purchase of Special Project TOTALS Funds Individualized Funding by Revenue Services Funding Source 1,528,497 :--- 6--~~-1~267j86 2,795,683 --- -~l------~-- ------.-..----- -. 341,157 i 0 ~-l--~__ ._~____ 3,185,126. 0 Ongoing Funding . 1 i I . Loca'Matci'1~i-Fu~ds----l _ _ _______1_ Fee Revenues j Federal Funds i State Funds 6,169 347,326 150,507 -- 3,335,633 Other Funds TOTAL FUNDS by iunding Category i T -1- 400,803 : I --.-.--.---1--.- __un. .._ _ _~ _.__ ___.__u____ ._ _.__. _ 149,6~1_l---_---. ___~ ________~~,~65 ___ _ _____1_7~,~~~ - ---5~605,224 ] i _ 1 .....__.__.__.__._. _.__.___.__._.__.__.___. ._._ __ ___.__ ..__.. o o - - 400,803 o 1,447,927 7,053,151 Report Date 6/ J 6/99 Al . Mental Health Services Summary: Ongoing Services Blue Ridge REVENUES FOR SERVICES DETAIL: 1.450.653 MH General Funds 50.000 Regional Deaf Services NGRI - Discharge Assistance Waiting List MHlSA Jail Services One Time General Funds 27.844 Residential Services Local Gov't: Direct Client: Blue Cross: Other Insurance: Medicare: Medicaid SPO: Medicaid Clinic: Medicaid OBRA: Medicaid Other: 245.784 SSBG: CHAMPUS: Courts: DRS Client: Schools: Other Fees: Transfer (To)From: Contributions: In-Kind: Other Local: 95.373 TOT AL REVENUES FOR SERVICES: STATE 1.528.497 LOCAL 341.157 Mental Health Services Provided: 100 Emergency 310 Outpatient 315 Intensive In-Home 320 Case Management 415 Therapeutic Day Treatment-C & A 425 Rehabilitation 475 Alternative Day Support Argmts 551 Supervised Services 610 Prevention uoo 4,000 27.863 2,109.413 73.902 163.295 733.403 71.750 FEES 3.185,126 Page A2 FY2000 COST OF SERVICES: I. Personnel Expense: $3,963.777 2. Operating Expense $1.107.690 3. Program Support Exp.: $533,757 4. TOTAL Expenses $5,605,224 2,576 PATH PATH Housing 102,727 SWVMH Board 149.100 FBG/SED C and A 146.400 FBG/SMI Other Federal Restricted Federal Federal Retained Earnings One Time Federal Funds o Access Demo Project o VA Comp Comm Care o Shelter Plus St. Retain Earnings 149.641 Other FEDERAL 400,803 OTHER 149.641 TOTAL 5.605.224 6/ I 6/99 j Page A4 Health 100 Mental EXHIBIT A: Form FY2000 Service Hours Total Expenses Program Support Costs Operating Costs Personnel Costs Number of Consumers Service Hours/Cons. Svc. FTE Total Contract Provider Service Hrs. Total Annua Work Hrs. Cons. Service FTEs Blue Ridge Consumers Svc. Hrs Unit Cost Core Service Subcategory o 53.98 657,546 69,133 75,554 512,859 ,800 ,392 8 2.1 8.200 8.75 00 Emergency o 80.06 ,916,684 60,490 565,618 90.576 ,800 ,364.22 23,942 36,504 7.55 310 Outpatient o 41.04 702,584 34 73 86.916 542.534 00 ,369.68 2 7,1 26,000 2.50 Intensive In-Home 315 o 38.0 744,618 67.014 82,987 494,617 ,000 ,374.60 9,588 29.640 4.25 320 Case Management o o 3.86 43.90 5.000 243,508 o 22,732 50 52,146 6,1 8.850 68,630 25 2,080.17 ,386.75 ,082 5,547 ,082 8,320 0.52 4.00 475 Alternative Day Support Argmts 6/99 6/ Date 610 Prevention Report . / 100 Mental Health Page A5 FY2000 Bed Days Bed Program Total Unit Number Contract Days/Per Number of Personnel Operating Support Expenses Cost of Beds Bed Days Bed Consumers Costs Costs Costs 0 ,910 0 ,910 .3 3.0 ,053 351.00 604 EXHIBIT A: Form 12 Blue Ridge Core Service Subcategory 551 Supervised Services Report Date 6//6/99 J Health 100 Mental 3 EXHIBIT A:Form , Page A6 FY2000 Hours Day Support Unit Cost Tota Expenses Program Operating Support Costs Costs Number of Personnel Consumers Costs Day Support H rs/Slot Contract Day Support Hours Hours Open/Day Number of Days Open Number of Slots Blue Ridge Core Service Subcategory 32.98 27.4 905,455 407,919 00,775 40,479 59,26 67.148 745,419 300,292 60 05 624.00 744.00 27,456 4,880 3 3 260.0 260.0 44.0 20.0 415 Therapeutic Day Treatment-C & A Date 6//6/99 itation Report Rehabi 425 Form 19: 100 Mental Health Page A 8 FY 2000 ' Expanded Residential Services CSB: Blue Ridge ~ity Services Core Service Category/Subcategt!ry No. Of Contract Static Consumers Units ofSetV. Capacity 501 Highly Intensive Services Beds 521 Intensive Services Beds 551 Supervised Services Beds 581 Supportive Services 40 0 FTEs TOTALS 40 0 Core Service State Local Other TOTAL Category/Subcategory Funds Match Funds Funds 501 Highly Intensive Services 521 Intensive Services 551 Supervised Services 581 Supportive Services 97,350 0 0 97,350 TOTALS 97,350 0 0 97,350 Populations to be Served by the Expanded Residential Senice(s) For each residential services subcategory, list the population(s) that will be served: 501 Highly Intensive Services 521 Intensive Services . \ 551 Supervised Services 581 Supportive Services Adults with serious mental illness (~~I) .. , SFY2000 Community Services Performance Contract Exhibit A: Special Project - MH Resdential Care For Individuals with SMI Residential Core Services Subcategories Form 64 Highly Intensive Intensive Supervised Supportive TOTALS Consumer Information Facility DiSCharg:~-~==~=~~I",.. Community Waiting List r .-.-----i~-~ ~::::::::~~~:-- ---+ _n_l __ __ ____ o o o o 20 20 on o o 20 20 o o o o o o o o 40 40 - -- ...- - .._-----~---_.- - Service Information Units of Service o o o o o Admissions o o o o ..~ Discharges o o o o o State Funds: ----~--~ ~~--~~~~~~s _ _ ~ ____0 BedS__~_ ~ ~n~edS___-~~~-- 0 ~T~ Revenue Information - -----o----~--o~-- -- -------0'-- 97,350 ! __--=___ _ _____ _~______. ._____ ___ --1________._~ 97,350 Static Capacity Local Match: --~~~-~ o Federal Funds: o o o o o o o o Fee Revenue: o o - o o o o o o Other Funds: o o 97,350 Total Revenues o o o 97,350 Housing Assistance Detail State Assistance: o o o o o Federal Assistance: o o o o o o o o -- Total Assistance: __=C o o Report Date 6//6/99 A 12 . SFY 2000 Community Services Performance Contract Blue Ridge Form 68: Special Project - ACR Pilots Revenue Information Expenditure Information State Funds 355,000 Personnel Expenses 266,328 Local Matching Funds 0 Operating Expenses 84,694 Fee Revenues 31,923 Program Support Expenses 35,901 Federal Funds 0 TOTAL Expenditures 386,923 Other Funds 0 Service Information TOTAL Revenues 386,923 Revenue Detail Consumer Community 0 Service Days Medicaid SPO 31,923 Special Consumer Information SSI/SSPI 0 Consumers with SMI 100 Auxiliary Grants 0 Previously Institutionalized 100 TOTAL Revenue Petail 31,923 MICA 45 Consumer Information No. With GAF Scores 0 0 No. With GAF Scores 41.50 20 No. With GAF Scores 0-10 0 No. With GAF Scores 51.60 40 No. With GAF Scores 11.20 0 No. With GAF Scores 61.100 40 No. With GAF Scores 21-30 0 No. With GAF Scores 31.40 0 TOTAL No. of Consumers 100 Report Date 6/16/99 A 16 SFY 2000 Community Services Performance Contract Blue Ridge Form 69: Special Project - Programs of Assertive Community Treatment Revenue Information Expenditure Information State Funds 599,000 Personnel Expenses 581,783 Local Matching Funds 6,169 Operating Expenses 87,611 Fee Revenues 118,584 Program Support Expenses 78,424 Federal Funds TOTAL Expenditures 747,818 Other Funds 24,065 Service Information TOTAL Revenues 747,818 Consumer Service FTEs 11 Revenue Detail Consumer Service Hours 14,266 Medicaid SPO 104,580 Special Consumer Information SSI/SSDI 0 Consumers with SMI 80 SAPT Federal Block Grant 0 Previously Institutionalized 70 TOTAL Revenue Detail 104,580 MICA 70 Consumer Information No. With GAF Scores 0 0 No. With GAF Scores 41-50 20 No. With GAF Scores 0-10 0 No. With GAF Scores 51-60 50 No. With GAF Scores 11.20 0 No. With GAF Scores 61-100 10 No. With GAF Scores 21-30 0 No. With GAF Scores 31-40 0 TOTAL No. of Consumers 80 Report Date 6/16/99 A 17 SFY 2000 Community Services Performance Contract Form 70: Special Project - Childrens Mental Health Services Revenue Revenues Numbers SED Detail Core Service State Other TOTAL of Consumers Medicaid Local Fee Federal Consumers spa '415 Therapeutic Day Treatment-C & A 25,000 0 0 0 0 25,000 ~ I 1 I 0 1 I TOT ulS 25,000 0 0 0 0 25,000 I 0 Report Date 6//6/99 A 18 - , / Units of Service 1095 Day Supt. Hrs SFY 2000 Community Services Performance Contract Form 70: Special Project - Childrens Mental Health Services Expenditure Infonnation Static Capacity Personnel Operating Program TOTAL Support 19,050 3,675. 2,275 25,000 1 Slots, I 19,050 3,675 2,275 25,000 Core Service A 18a 415 Therapeutic Day Treatment-C & A TOTALS Report Date 6//6/99 , SFY 2000 Community Services Performance Contract Form 71: Special Project - Community Residential Service for Persons with Mental nesses Revenues Numbers SM of Core Service State Local Fee Federal Other TOTAL Consumers Consumers 581 Supportive Services 190,836 0 0 0 0 190,8361 751 75 I 75 TOTALS 190,836 0 0 0 0 190,836 i 751 Report Date 6/ J 6/99 A 19 SFY 2000 Community Services Performance Contract / Form 71: Special Project - Community Residential Service for Persons with Mental Illnesses Expenditure Infonnation Static Capacity Units of ServIce Personnel Operating Program TOTAL Support 63,346 119,290 8,200 190,836 2 Cons. Svc. FTEsl 2750 Cons. Svc. Hours 63,346 119,290 8,200 190,836 A 19a Core Service Supportive Services TOTALS i581 Report Date 6//6/99 State Fiscal Year 2000 Community Services Performance Contract Supplement TABLE 3: Projected SFY 2000 Mental Health Revenues not Included in Community Services Performance Contract - - CSB Name: Rlue ~idge Community Services - - 1. 2. 3. 4. 5. 6. 7. 8. Specific Non-Match Other. TOTAL Core Servicc(s) No. Of Revenue Source Amount Loc. Gov't Fees Revenues Revenues Subcategory(ics) Clicnts - - I. Section 8 Certificates 0 0 - - 2. HUD Housing Loans 0 0 - - 3. Federal Emergency 0 ~anagementJ\gency 0 - - 4. Federal Grants: 0 0 - I 5. BeUer Beginnings SGF 0 Prevention - 6. CSA State General Funds 0 0 - - 7.0ther State Agency Funds: 0 0 - - 8. Non-matched Local 0 0 Government Funds = = 9. Other Funds: 0 0 . " SFY2000 Community Services Performance Contract Exhibit A Blue Ridge Consolidated Mental Retardation Services Summary: Total Revenues for Services TOTAL FUNDS by Funding Category Funding Category ____ _._______..______________________ ____00- Purchase of Special Project TOTALS Funds Individualized Funding by Revenue Services Funding Source LOC~,s::~~~g~U:d~=+-~---::~~:r~~=~=2::::::--- --:-_ 1,::::::: ____l__~____ --- ~-j -~---- ---- -------~- --- --- ---- -- Fee Revenues I 289,5021 3,201,457 0 3,490,959 1 n --- 2~_8~~J_ _~ _____-_=-=-_o--~~ -____~~___n_ __2~~9_ 70,381l _____ _1l1,~17 _u__________o__ ___1~1,798 -. - - _n - ---1 1,497,8231 3,602,623 __ __ _ ___u . ______J_ _ ___ _ __________..__________.___________________.__ Revenue Source Ongoing Funding Federal Funds -. Other Funds o 5,100,446 Report Date 6//6/99 A20 Mental Retardation Services Summary: Ongoing Services Blue Ridge REVENUES FOR SERVICES DETAIL: 870.182 MR General Funds 72.306 Waiting List 13.234 Residential Services 9.983 New Family Support One Time General Funds o Early Intervention Local Gov't: Contributions: In-Kind: Other Local: Direct Client: Blue Cross: Other Ins. Medicare: Medicaid SPO: Medicaid Clinic: Medicaid ICF: Medicaid OBRA: Medicaid Other: SSBG: CHAMPUS: DRS Client: Schools: Other Fees: Transfer (To)From: 114.923 35.433 TOTAL REVENUES FOR SERVICES: STATE LOCAL 965.705 150.356 Mental Retardation Services Provided: 320 Case Management 430 Sheltered Emp.lWork Act. 460 Supported Employment 475 Alternative Day Support Argmts 521 Intensive Services 551 Supervised Services 581 Supportive Services 587 Family Support 620 Early Intervention 96,956 300 2.500 202.296 6,000 800 20.650 -40,000 FEES 289.502 COST OF SERVICES: l. Personnel Expense: 2. Operating Expense 3. Program Support Exp.: 4. TOTAL Expenses 21,879 Child Day Care o Federal Early Intervention Other Federal Restricted Federal One Time Federal Funds Page A21 FY2000 $933.244 $465.160 $99.419 $1,497.823 State Retained Earnings Workshop Sales 70.381 Other FEDERAL 21.879 OTHER 70.381 TOTAL 1.497.823 6/16/99 . " Mental Retardation Services Summary: Performance Contract Page A5 - A Blue Ridge FY2000 Comment: Program Support expenses for the Purchase of Comment: Individualized Services total $361,923. Comment: Early Intervention State $3,125 and Federal Comment: $243,046 - BRCS has a contractual arrangement for the administration of Early Intervention Funds. 6/16/99 Page A23 Retardation 200 Mental 2 EXHIBIT A: Form FY2000 Program Support Costs Service Hours Service Hours/Cons. Svc. FTE Total Contract Provider Service Hrs. Tota Annual Work Hrs. Cons. Service FTEs Blue Ridge Consumers Svc. H rs Unit Cost Total Expenses Operating Costs Personnel Costs Number of Consumers Core Service Subcategory o 49.85 686,290 72,94 76.726 536.623 542 ,404.90 3,768 20.384 9.80 320 Case Management o 36.87 66.705 o 66,705 o 25 0.00 ,809 460 Supported Employment o 8.33 66,399 o 20,567 45,832 275 2,076.82 7,975 7,987 3.84 475 Alternative Day Support Argmts o 7.67 5,010 3,695 83,38 27.934 75 0.00 5,000 Supportive Services 58 .. o o 40.08 59,53 06,800 o o 2,895 o 46,636 06,800 75 50 0.00 ,066.00 2.665 4,875 2.50 6/99 6/ 587 Family Support ntervention Report Date 620 Early . Form 40 ADMINISTRA nON - OnRoinR Semees Page A52 Blue Ridge FY2000 BUDGET TYPE: Program Support i---------.-----.---.--.-.-.--------------------------.----, I TOTAL REVENUES i I l. State Administration Funds: 0 I 2. Local Government: 0 I I I i I I 3. Contributions: o 4. In-Kind: o 5. Other: o 6. TOTAL ioeai matchine funds: () ?Fees: 6,000 i ! I i i 10. TOTAL REVENUE 6.000 ! L__.__.._________.____....._______....________....___--~ I ---------- 1 i TOTAL COST I I 1. Personnel Expense: 1,188,096 I ., 1. Opei'IUI EipeJlse: 392.103 I 3. TOTAL Expense: 1,580.199 I 4. Less Proaram Support bp. 1,574,199 I I ,- I s. TOTAL Net Expenses: 6,000 I L_________._______________________.__~ 8. State Retained Eaminas: o 9. Other miscellaneous revenues: o Report Date 6/16199 Fonn 40 Blue Ridge ADMINISTRA TION - Ongoing Sen-ices BUDG ET TYPE: Administration Report Date 6/ J 6/99 -----_. ----- -~- --- - -.---.-------.------------ TOTAL REVENUES l. State Administration Funds: 2. Local Government: 3. Contributions: 4. In-Kind: 5. Other: 6. TOTAL local matching funds: 7. Fees: 8. State Retained Earnings: 9. Other miscellaneous revenues: 10. TOTAL REVENUE TOTAL COST l. Personnel Expense: 2. Operating Expense: 3. TOTAL Expense: 4. Less Program Support Exp. 5. TOTAL Net Expenses: 272,776 45,707 o o o 45,707 o o o 3 18.483 258.709 59,774 318,483 o 318,483 Page A5 J FY2000 . State Fiscal TABLE 5: Projected SFY 2000 Substance Ahuse Revenues not Included in Community Services Performance Contract CSB Name: Blue Ridge Community Services Date: 6/17/99 J. 2. 3. 4. 5. 6. 7. 8. Non-Match Other TOTAL Core Service(s) No. Of Revenue Source Amount Loc. Gov't Fees Revenues Revenues Subcategory(ies) Clients I. Direct Federal Grants: 0 0 # 2. Other Federal Grants: 0 0 3. Better Beginnings SGF Prevention - 0 " . I .\_ ~ . . 4. CSA State General Funds 0 0 . 5. Other State Agency Funds: 0 0 6. Non-matched Local 1:1 Government Funds J\',;,j (,:I'E~;t. 0 0 ~ L_~.,;i i ~~~. .-.:. 7. Other Funds: 0 0 / Supplement Year 2000 Community Services Performance Contract SFY2000 Community Services Performance Contract Exhibit A: Special Project for Persons with Alcohol or Other Drug Addiction (Dependence) or Abuse Form 96: State Facility Admissions Diversion Project GAr Score Consumers Served Total Cost of ISPs Average Cost of ISPs 0 0 0 1.10 0 0 11.20 0 0 21.30 0 0 31.40 0 0 41.50 18 51.216 2.845 51.60 62 181.584 2.929 61.100 0 0 Totals 80 232.800 2,910 Report Date 6/ J 6/99 A47 / SFY 2000 Community Services Performance Contract TOTAL Funds Other Funds or Abuse Federal Funds Exhibit A: Special Project for Persons with Alcohol or Other Drug Addiction (Dependence) - Other Fees Medicaid Fees local Match State Funds Tota Annual Cas ts Form 95: State Facility Admissions Diversion Project o : 30,000 I 0 I 0 232,800 I -~or-- 3o.ooor--~~-----O~----232,8oo1 , I I ' I o o EXisting 01 o New 202,800 202,800 A46 232,800 232,800 501 Highly Intensive Services -- ----.---- TOTALS Report Date 6//6/99 , /' SFY 2000 Community Services Performance Contract Exhibit A: Special Project for Persons with Alcohol or Other Drug Addiction (Dependence) or Abuse Form 94: State Facility Admissions Diversion Project Annual Service Units 160 Consumers Served Avg. Units / Consumer 80 80 ---- 2.00 501 Highly Intensive Services Total Consumers Served Report Date 6/16/99 A45 " Form 39: 300 Substance Abuse Expanded Residential Services Page A 41 SFY 2000 CSB: Blue Ridge Community Services Core Service Category/Subcatego.J:'Y No. Of Contract Static Consumen Units of Servo Capacity 501 Highly Intensive Services Beds . 521 Intensive Services 6 laQ? 1.5 Beds 551 Supervised Services Beds 581 Supportive Services FTEs TOTALS I~~':,\::",-~",,~ 6 492 .... ~...:..+;.;,;,:-~::..:. ':::~, . :..'.-. - -.;. Core Service State Low Other TOTAL Category/Subcategory Funds Match Funds Funds 501 Highly Intensive Services 521 Intensive Services ?? ??l. ?? ??la 551 Supervised Services 581 Supportive Services TOTALS 22 224 22 22L.. Populations to be Served by the Expanded Residential Semce(s} For each residential services subcategory, list the population(s) that will be served: 501 Highly Intensive Services 521 Intensive Services Adults needing treatment beyond Detoxification , , 551 Supervised Services 581 Supportive Services /' Exhibit A: Form 37 300 Substance Abuse Page A 40 SFY 2000 Federal Block Grant RFP Contract Substance Abuse Services Detail cSB: Blue Ridge Community Services Substance Abuse Federal Block Grant RFP Revenues and Costs Core Service Consumer Category/Subcategory Revenues Costs Service FrEs 310 Outpatient Services 320 Case Management Services TOTALS 0 0 0 Substance Abuse Federal Block Grant RFP Consumen and Services Core Service No. 01 Contract Units Static Category/Subcategory Consumen of Service Capacity 310 Outpatient Services . NA 320 Case Management Services NA TOTALS f'l 0 0 I CSBs that received an award of Federal Block Grant funds in FY 1997 through the Request for Proposal process that was continued for FY 1998 mllst sullmit tJau/011ft to th~ OJJic~ 0/ Community COIltrtu:tlllg with Its other SFY 2000 Comm:;lIk) Servic~s Pnformt:r.ce Contract pages. This information is used to identify and monitor the specific uses of those funds. ., , . \ Form 36: 300 Substance Abuse Page A 39 SFY 2000 Mental Health/Substance Abuse Jail Services Funding cSB: Blue Ridge Community Services State No. 01 Coatract Core Semce CateaorylSubcateaOfy FUDds COal1l1Den Uaits of Serve 100 Emergency Services 310 Outpatient Services . . 1,115 60,000 23 320 Case Management 330 Methadone Detox 340 Opioid Replacement Therapy 460 Transitional/Supported Employment 475 Alternative Day Suppon Arrmaements 581 Supportive Residential Services . .. 610 Prevention Services NA 620 Early Intervention Services TOTALS 60,000 23 1,115 Core Semce State No. Of COD tract Static C ateaory ISlIbcatelory ruD. CODIDmen UDfa 01 Capacity Se". 250 Local Inpatient Services 260 Comm. Hosp-Based Detox 501 Highly Im"mive Servicee 521 Intensive Services 551 Supervised Services 410 Day TreatmentIPart. Hosp. 10.224 2 1,202 1 425 Rehabilitation Services ;r 430 Sheltered Employment 465 Supt Employment-Group TOTALS 10,224 2 1,202 1 Page A37 Unit Cost 8.15 " FY2000 Total Expenses 502,259 53,754 47,514 400,99 310 9 ,283 593 6 5 255.0 48.0 EXHIBIT A:Form 33 ! Blue Ridge Core Service Subcategory 410 Day Treatment/Part. Hosp. Report Date 6//6/99 Program Operating Support Costs Costs Number of Personnel Consumers Costs Day Support Hrs/Slot 300 Substance Abuse Hours Contract Day Support Hours Day Support Hours Open/Day Number of Days Open Number of Slots 300 Substance Abuse Page A36 Qed Days FY2000 Bed Program Number Contract Days/Per Number of Personnel Operating Support Total Unit of Beds Bed Days Bed Consumers Costs Costs Costs Expenses Cost 10.0 3,046 304.60 544 262,640 00,239 62,74 425,620 39.73 38.0 2,446 327.53 294 592,014 98,159 85,429 875,602 70.35 EXHIBIT A: Form 32 Blue Ridge Core Service Subcategory 501 Highly Intensive Services 521 Intensive Services Report Date 6//6/99 Page A35 Consumers Svc. Hrs FY2000 Unit Cost Total Expenses Program Support Costs Operating Costs Personnel Costs 300 Substance Abuse Number of Consumers Service Hours/Cons. Svc. FTE Service Hours Tota Contract Provider Service Hrs. Tota Annual Work Hrs. Cons. Service FTEs o 56.80 ,021,472 05,23 96,418 819,823 985 ,405.00 7,984 26,624 2.80 o o 58 58.75 693,866 495,347 74,219 51,389 58,266 62,739 561,38 381,219 60 ,404.82 7 ,405 ,94 8,43 7,680 2,480 8.50 6.00 EXHIBIT A: Form 3 Blue Ridge Core Service Subcategory 310 Outpatient 320 Case Management 610 Prevention Report Date 6/16/99 Substance Abuse Services Summary: Performance Contract Page A 9 - A Blue Ridge FY2000 Comment: Special Projects pending program support = $21,537 Comment: Comment: Comment: 6/16/99 Blue Ridge Substance Abuse Services Summary: Ongoing Services REVENUES FOR SERVICES DETAIL: 1.384.448 SA General Funds Greenstreet 22.224 Residential Services 70.224 MH/SA Jail Services One Time General Funds 37.588 RSAT Local Gov't: Contributions: In-Kind: Other Local: Direct Client: Blue Cross: Other Ins. Medicare: Medicaid SPO: Medicaid Clinic: Medicaid Other: SSBG: SARPOS: CHAMPUS: 158.991 ASAP: Courts: DRS Client: Schools: Other Fees: Transfer (To)From: TOTAL REVENUES FOR SERVICES: STATE LOCAL 1.514.484 158.991 Substance Abuse Services Provided: 310 Outpatient 320 Case Management 410 Day T reatmentlPart. Hosp. 501 Highly Intensive Services 521 Intensive Services 610 Prevention 24,000 o 2,000 10,000 60.000 269.352 4.800 188.067 FEES 558.219 COST OF SERVICES: I. Personnel Expense: 2. Operating Expense 3. Program Support Exp.: 4. TOTAL Expenses 547.311 SA Alcohol FBG 540,837 SA Drug FBG 223.000 SA Primary Prevention FBG 240,677 SA SARPOS FBG 80,065 SA HIV/AIDS FBG 38,185 Other Federal Restricted Federal 24,948 Federal Retained Earnings One Time Federal Funds o HIV Counselors 87,449 FED RSA T o RBHA Res AID St. Retain Earnings Other FEDERAL 1,782.4 72 OTHER o I Page A33 FY2000 $3.018,068 $563.335 $432,763 $4.014.166 TOTAL 4.014.166 6/ 16/99 SFY2000 Community Services Performance Contract Exhibit A Blue Ridge Consolidated Substance Abuse Services Summary: Total Revenues for Services - - - -------~-~--~ ----_._-----~------ ~-_..~-----~ .., _._-- -----._-------- --------.--. Revenue Source - ------.. ~-- ---- --_.__._----~._---'-----------_._----~--._-~_._----~-------~----- .---- -~-~- ~------~----l------ __ ~ta~:~_un_ds____ ___j_~__ Local Matching Funds - -- -- -. -. -.._- -- -- ---'~--- Fee Revenues i Funding Category -- ---- ------ -------,---- --- .~ Purchase of Special Project TOTALS Funds Individualized Funding by Revenue Services Funding Source - .--------.--------- --- _._--'----- -.--------- o 202,800 1.717,284 Ongoing Funding 1.514,484 158.991 ---~-------_._-~---.._----_. ------.----------- o o -- 158,991 Federal Funds 558.219 I u___ _ _ j 1.782,4721 ~ ---~--- - --. -~-- .t-- -- 01 ! o 30.000 o 588.219 o - ~- 1.782,472 - - ----t Other Funds I I TOTAL FUNDS by ~unding- -jl-- --- Category I __ __.L_ __ __ o o o - -- ~ - ~ i ---.-------. ---- ---~~--~ --~ 4.014,1661 0 I ~ ~ --______~_ _u_ _______~___~_~____~ ~____~~_ 232.800 4,246,966 Report Date 6/16/99 A 32 SFY2000 Community Services Performance Contract -- ---- -~..- -------.. -~------- - -----~---_.._--- --- --- ----_."- - --- Exhibit A: Purchase of Individualized Services for Persons with Mental Retardation Form 83: Numbers of Consumers Served and Total Costs by Level of Care Icr IMIl L::;~:~~::.f-iL'Y" reonsume,s Serveci- Tol.i cosi-oiISPs-TAVer.~;p:()SI of .. 7,836 Levels of Care 2-7 (Low) 72 564,198 I_n------------- --- -----------------__ Levels of Care 4-7 (Medium)' 22 996,873 -- ..---- --~. --~-~~.~~~----~~-~~~~~ Levels of Care 6-7 (High)I_________=~ __.n ___ 2,469,0~7 _n__ _____ _ Total uuL_ __124_u__________~~0-=~,_1~~.__n __m_u_ 45,312 82,302 32,501 Report Date 6//6/99 A30 SFY 2000 Community Services Performance Contract Exhibit A: Purchase of Individualized Services for Persons with Mental Retardation TOTAL Revenue Other Funds Local Match State Funds I 8,264 I 80,439 I 2,489,868 0[-- 0 I 4 828 I I I ': o i 22,040 I 334,579 ! -- -.-- _ ,----,- ,-'---'---------'~ 01 0 3,610 I ,--+------~-_+_-----4 ~~~l-~,938 -+ 469,0561 o i 0 ! 1,800 I -0:----01 298,882 i 7~ 111,417 3,602,623 : I I 66,8~~t 0 ~----~ ~-- -- -- 0 191,012 23,E 0 ------- 0 ----_.. -_._--~ 257,877 31,f A29 Medicaid Waiver Other Fees Medicaid 2,310,800 23,500 4,828 0 297,539 15,000 3,610 i 0 _----1____ ------i--- I 219,498 i 26,000 T--- 1,800 L ,--ci ! 298,882 I ------0 l' .~_____1____ . 3,136,957 i 64,500 Form 82: Revenues by Specifice Mental Retardation Waiver Service Congregate Residential Support -------- ---.. ----------- -- ----~-- - Environmental Modifications Non Center-Based Day Support ResplteCare--- Supported living/In-home Resident' >-- Therapeutic Consultation r---~-------~ Waiver Case Management TOTALS Report Date 6//6/99 SFY 2000 Community Services Performance Contract Exhibit A: Purchase of Individualized Services for Persons with Mental Retardation Form 81: Numbers Served by Specific Mental Annual Consumers Avg. Units / Retardation Waiver Service Service Units Served Consumer --_.._---.-- ---------~----_._._._-,---~-~----~--- -~-._._---------_._---- ------------ ----.- Congregate Residential Support 199659 43 4,643.23 Environmental Modifications 4 4 1.00 Non Center-Based Day Support 13250 92 144.02 Respite Care 380 1 380.00 Supported Living/ln-home Resident'l 13572 11 1,233.82 Therapeutic Consultation . _ ___ _~ _u,_~ _ _36_ ___ 2 18.00 Waiver Case Management _. ___.. _ ,1_8.96 158 . ..___12.00 Total Consumers Served 311 Report Date 6/16/99 A28 Page A26 FY2000 Unit Cost 59.72 75,362 o 75,362 o o 210.33 ,262 240 6 EXHIBIT A:Form 23-A Blue Ridge Core Service Subcategory 430 Sheltered Emp.lWork Act Report Date 6//6/99 Tota Expenses Program Support Costs Operating Costs Personnel Costs Retardation Number of Consumers Days of Service Days of Srv/Slot 200 Mental Contract Days of Service Number Days Open Number of Slots 200 Mental Retardation Page A24 Bed Days FY2000 Bed Program Number Contract Days/Per Number of Personnel Operating Support Total Unit of Beds Bed Days Bed Consumers Costs Costs Costs Expenses Cost 1.0 335 335.00 I 28,124 4,192 3,780 36,096 07.75 4.0 ,512 378.00 5 41,295 25,332 9,003 85,630 22.77 EXHIBIT A: Form 22 Blue Ridge Core Service Subcategory 521 Intensive Services 551 Supervised Services Report Date 6/16/99 FY2000 Community Services Board Performance Contract Page D] "l Exhibit D: Board of Directors Membership List Address Phone Number Start Date End Date Term No. Blue Ridge . Name ROGER LAPLACE 3788 HARBOR WOOD ROAD SALEM, V A 24153 (540) 389-0585 1/1/98 12/3 I /0 I 1 RITA FOSTER 1475 BLUE RIDGE SPRINGS BLUE RIDGE,VA 24064 (540) 977-6310 1/1/98 12/3 I/O 1 3 ~NN FRANCIS 1914 WESTOVER AVE., SW ROANOKE,VA 24015 (540) 344-4547 1/1/97 12/31/00 2 RODNEY FURR 971 STONEGATE DRIVE SALEM,VA 24153 (540) 389-4141 1/1/98 12/3 I/O I 2 RITA GLlNIECKI 5217 HAWKBILL CIRCLE ROANOKE,VA 24014 (540) 774-4385 1/1/97 12/31/00 2 DONNA HENDERSON 4052 CATAWBA ROAD TROUTVILLE,VA 24075 (540) 992-5333 1/1/97 12/31/00 I DELORES JOHNS 1604 WESTSIDE BLVD., NW ROANOKE,VA 24017 (540) 362-0657 1/1/98 12/31/01 2 WILLIAM LEE 730 LOUDON A VENUE, NW ROANOKE, V A 24016 (540) 362-2580 1/1/98 12/3 I/O I 2 ROBERT LEE 63110 BUNKER HILL LANE ROANOKE, VA 24019 (540) 366-8447 1/1/96 12/3 1/99 I ANNE PERRIN 708-B HILL A VENUE SALEM, V A 25153 (540) 375-6479 1/1/96 12/31/99 I . MEREDITH WAID PO BOX 164 FINCASTLE, V A 24090 (540) 473-2832 1/1/97 12/31/00 2 ROBERT WILLIAMS, JR. 3433 CLARA AVE., SW ROANOKE,VA 24018 (540) 725-8882 1/1/96 12/31/99 I SHIRLEY WOODALL Route I, box 2088 New Castle, V A 24090 (540) 544-7587 1/1/97 12/31/01 2 Report Date 6//6/99 Exhibit D LOCAL GOVERNMENT T AX APPROPRIATIONS Page D5 Performance Contract Blue Ridge FY2000 City/County Tax Appropriation Contract Agencies 27,815 Craig County 8,002 Botetourt County 30,440 Roanoke County 79,332 Roanoke City 378,357 Salem City 81,000 Total Local Government Tax Funds: 604,946 Report Date 6//6/99