HomeMy WebLinkAboutCouncil Actions 04-05-99Harris
34217
ROANOKE CITY CO UNCIL
REGULAR SESSION
April 5, 1999
12:lSp. m.
CI T Y C 0 UNCIL CHA MB ER
AGENDA FOR THE COUNCIL
Call to Order--Roll Call. (Council Members Trout, White and
Wyatt were absent)
Roanoke City Council will hold a joint meeting with the Roanoke City Planning
Commission at 12:15 p.m., in the Emergency Operations Center Conference
Room, Room 159, Municipal Building South.
At 1:55 p.m. the meeting was declared in recess until 2:00 p.m., in the City
Council Chamber.
ROANOKE CITY CO UNCI£
REGULAR SESSION
April 5, 1999
2:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. (Council Member Wyatt was absent)
The Invocation was delivered by The Reverend
Memorial Avenue Seventh-Day Adventist Church.
Ken Studer, Pastor,
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor David A. Bowers.
Welcome. Mayor Bowers.
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NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, April 8, 1999, at
7:00 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.
PRESENTATIONS:
Presentation by Roanoke Valley Sister Cities, Inc. David K. Lisk, Executive
Director.
File #327
A Proclamation declaring the month of April, 1999 as Fair Housing Month.
File #3-178
A Proclamation declaring the week of April 11
Telecommunicator's Week.
File #3-262
17, 1999 as National
Presentation of the City's "Telecommunicator of the Year" Award.
File #262
A Resolution recognizing and congratulating William X Parsons, Acting City
Attorney, upon his receipt of the Edward d. Finnegan Award for Distinguished
Service fi.om the Local Government Attorneys of Virginia, Inc., association.
Adopted Resolution No. 34217-040599. (6-0)
File #80-83
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2. CONSENT 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 SEPARATELY.
C-1 Minutes of the regular meetings of City Council held on Monday,
December 7, 1998, and Monday, December 21, 1998.
Removed from the Consent Agenda for discussion. (See page 5)
C-2
A communication from Mayor David A. Bowers requesting an Executive
Session to discuss vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Executive
File #132 Session.
C-3
A communication from Mayor David A. Bowers requesting an Executive
Session to discuss a personnel matter, specifically review and consideration of
applications received for the position of City Attorney for the City of Roanoke,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Executive
File #83-132 Session.
C-4
A report of the Acting City Attorney requesting an Executive Session to
discuss and consider a matter of actual litigation, specifically litigation brought
against the City by a former employee, pursuant to Section 2.1-344 (A)(7),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Executive
File #83-132-184 Session.
4
C-5
Qualification of the following persons:
S. Elaina Loritts as a member of the Roanoke Neighborhood
Parmership Steering Committee for a term ending
November 30, 2001;
File #15-110-488
John C. Moody, Jr., as a member of the Board of Fire
Appeals for a term ending June 30, 2002; and
File #15-70-110
William X Parsons as Acting City Attorney, effective April
1, 1999.
File #15-83-110
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
C-1 Minutes of the regular meetings of City Council held on Monday,
December 7, 1998, and Monday, December 21, 1998.
Council Member Swain requested a response to his previous inquiry of
December 7, 1998, as to why the City's curfew ordinance is not strictly
enforced. The matter was referred to the Acting City Manager and the
Acting City Attorney for report to Council.
The December 7 and 21, 1998 minutes were approved as recorded.
File #5-304
5
Selection of persons to be accorded the public interview for the position of
Roanoke City School Board Trustee for terms commencing July 1, 1999, and
ending June 30, 2002. Applicants are:
Toni J. Brandon
Charles W. Day
Michael W. Ridenhour
Brian J. Wishneff
The abovenamed applicants will be interviewed by Council on Wednesday, April
21, 1999, at 6:00 p.m., in the City Council Chamber.
File #467
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
mo
Presentation with regard to Christmas in April*Roanoke. Todd Meyer
and John Richmond, Spokespersons. (15 minutes)
Received and filed.
File #87
4. PETITIONS AND COMMUNICATIONS:
A communication from Jacqueline L. Shuck, Executive Director,
Roanoke Regional Airport, requesting approval of the Airport
Commission's 1999-2000 proposed Operating and Capital Purchase
Budget, as well as a listing of a proposed capital expenditure which is
expected to exceed $100,000.00.
Adopted Resolution No. 34218-040599. (6-0)
File #9-60
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
1. A report with regard to electrical rate negotiations. (5 minutes)
Received and filed.
File #29-330
ITEMS RECOMMENDED FOR ACTION:
o
A report recommending execution of Amendment No. 1 to the
1998-99 Subgrant Agreement between the City and the Northwest
Neighborhood Environmental Organization, Inc., dated July 1,
1998, for funding of the "New Gilmer Phase I" Project and Gilmer
Plan; and transfer of funds in connection therewith.
Adopted Ordinance No. 34219-040599 and Resolution No.
34220-040599. (6-0)
File #60-178
A report recommending authorization to issue Change Order No.
1 to the City's contract with Landis & Staefa, Inc., for the
replacement of the fire alarm and temperature control systems at
the Roanoke Civic Center; and transfer of funds in connection
therewith.
Adopted Ordinance Nos. 34221-040599 and 34222-040599.
(6-0)
File #60-192-472
7
A report recommending execution of a Purchase Agreement
providing for the City's acquisition of certain property located on
Read Mountain adjacent to the Roanoke Centre for Industry and
Technology for industrial development purposes; and
appropriation of funds in connection therewith.
Adopted Ordinance Nos. 34223-040599 and 34224-040599.
(6-0)
File #2-60-207-450
o
A report recommending acceptance of certain bids made to the
City for furnishing and delivering replacement vehicular
equipment for several City departments.
Adopted Resolution No. 34225-040599. (6-0)
File #60-472
o
A report recommending acceptance of a grant, in the amount of
$99,072.00, from the Bureau of Justice Assistance of the United
States Department of Criminal Justice Services Discretionary
Grant Program; and appropriation of funds in connection
therewith.
Adopted Ordinance No. 34226-040599 and Resolution No.
34227-040599. (6-0)
File #5-60
o
A report recommending acceptance and appropriation of
$18,322.00 received from the Virginia Department of Criminal
Justice Services under the V-Stop Domestic Violence Grant
Program, to allow creation of a Domestic Violence Coordinator
position in the Police Department.
Adopted Ordinance No. 34228-040599. (6-0)
File #5-60
8
o
10.
A report recommending execution of employment agreements with
certain City employees to provide for polygraph examiner training.
Adopted Resolution No. 34229-040599. (6-0)
File #5-184
A report recommending execution of a contract with Balzer and
Associates, Inc., for providing consulting services in connection
with the Building Inspection Program for City-owned and/or
leased facilities; and transfer of funds in connection therewith.
Adopted Ordinance Nos. 34230-040599 and 34231-040599.
(6-0)
File #32-60
A report with regard to snow emergency operations for the period
of December 1998 through March 1999.
Adopted Ordinance No. 34232-040599. (6-0)
File #183-410
DIRECTOR OF FINANCE:
A financial report for the month of February, 1999.
Received and filed.
File #10
6. REPORTS OF COMMITTEES:
A report of the City Manager Executive Search Firm Committee
recommending award of a contract to The Mercer Group, Inc., to provide
executive search services for the position of City Manager. Council
Member W. Alvin Hudson, Jr., Chairperson.
Adopted Resolution No. 34233-040599. (6-0)
File #104-132
bo
A report of the Bid Committee recommending that all bids received for
the roof replacement and asbestos abatement project at the Roanoke Civic
Center, be rejected. Council Member Carroll E. Swain, Chairperson.
Adopted Resolution No. 34234-040599. (6-0)
File #192
A report of the Water Resources Committee recommending that the City
Manager take appropriate action in order to advertise a public hearing,
and lacking any comments to the contrary, execute the appropriate
document granting a twenty-foot drainage easement to Shenandoah, L.P.,
across City-owned property at the rear of Forest Park Elementary School.
Council Member Linda F. Wyatt, Chairperson.
Concurred in the recommendation.
File #405-467-468
A report of the Water Resources Committee recommending that certain
water conservation measures be approved in connection with the low
water level at Carvins Cove Reservoir. Council Member Linda F. Wyatt,
Chairperson.
Adopted Resolution No. 34235-040599 and Ordinance No. 34236-
040599. (6-0)
File #330-468
eo
A report of the Water Resources Committee recommending that Council
adhere to its standard policy and not authorize a conditional permit to the
owner of property located at 2202 Stephenson Avenue, S. W., for
encroachment of a paved parking area ten feet into the public right-of-
way of Stephenson Avenue, S. W. Council Member Linda F. Wyatt,
Chairperson.
Received and filed.
File #169-468
l0
A report of the Water Resources Committee recommending the
acceptance of a donation and conveyance of certain property located on
McDowell Avenue, N. W., to the City from the Roanoke Redevelopment
and Housing Authority for construction of a new sign at the entranceway
of the Historic Gainsboro District. Council Member Linda F. Wyatt,
Chairperson.
Action on the matter was tabled pending a report from the City
Manager with regard to high priority spending needs in the
Gainsboro area.
File #2-178-468
7. UNFINISHED BUSINESS: None.
ge
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
mo
Ordinance No. 34213, on second reading, authorizing the exchange of
certain City-owned property along Tinker Creek in the vicinity of Sand
Road, N. E., for certain adjacent property owned by Robert M. Callahan
and Carolyn H. Callahan, upon certain terms and conditions, and
authorizing the City Manager to sign the necessary documents to effect
this exchange.
Adopted Ordinance No. 34213-040599 on second reading. (6-0)
File #2-166
A Resolution memorializing the late James Ellyson ("Jimmy") Jones.
Adopted Resolution No. 34237-040599. (6-0)
File #367
A Resolution changing the time and place of commencement of the
regular meeting of City Council scheduled to be held at 12:15 p.m., on
Monday, April 19, 1999. ~
Adopted Resolution No. 34238-040599. (6-0)
File #132
9. MOTIONS AND MISCELLANEOUS BUSINESS:
mo
Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Swain referred to recent correspondence from the
City Administration which states that certain City employees may be
empowered by the Circuit Court to issue citations in regard to
improper use of trash receptacles. He asked that City staff also be
empowered to issue citations for use of improper refuse containers
and accumulation of trash on lawns and around trash receptacles,
etc.
File #66-144
Earlier in the meeting, Council approved purchase of certain land
located on Read Mountain adjacent to the Roanoke Centre for
Industry and Technology for industrial development purposes. It
was the consensus of Council that the question of preparing the new
site and the last remaining land in the original Roanoke Centre for
Industry and Technology for industrial development purposes would
be referred to the Acting City Manager for report to Council.
File #2-60-207-450
The Sub-Committee composed of Council Members Hudson, Chair,
Swain and Trout was requested to continue to serve on an interim
basis as liaison between Council and The Mercer Group, Inc., in
connection with executive search services for the position of City
Manager, with follow-up reports to Council.
File #104-132-405
bo
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
12
10.
OTHER HEARING
MATTERS:
OF CITIZENS UPON
PUBLIC
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A
TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Recess for Executive Session.
CERTIFICATION OF EXECUTIVE SESSION: (5-0) (Council Member
White was out of the Council Chamber and Council Member Wyatt was
absent)
Donna S. Johnson was appointed as a member of the Board of Trustees,
City of Roanoke Pension Plan, for a term ending June 30, 2000.
File #15-429
James D. Ritchie, Acting City Manager, was appointed as a Commissioner
to the Hotel Roanoke Conference Center Commission for a term ending
April 8, 2003.
File #15-247-258
Evelyn S. Lander was appointed as a member of the Fifth Planning District
Commission for a term ending June 30, 2000.
File #15-200
Recess for Executive Session.
CERTIFICATION OF EXECUTIVE SESSION: (6-0)
ROANOKE CITY CO UNCIL
ROANOKE CITY PLANNING COMMISSION
April 5, 1999
12:15p. m.
EMERGENCY OPERA TIONS CENTER
CONFERENCE ROOM
M UNICIPA L B UIL DING S 0 U TH, R 0 OM 15 9
o
AGENDA
Call to Order--Roll Call.
Invocation and Lunch.
Opening remarks by Mayor David A. Bowers.
Opening remarks by the Roanoke City Planning Commission Chairperson.
Discussion Items:
bJ
Co
Neighborhood Plans.
Update to the City's Comprehensive Plan.
Interstate 73.
Floodplain Management Issues.
Other Business.
Recess: Roanoke City Council.
Adjourn: City Planning Commission.
Roanoke City Department of Planning
and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
March 29, 1999
Mrs. Barbara N. Duerk, Chairman
and Members of the Planning Commission
Roanoke, Virginia
Dear Members of the Commission:
SUBJECT:
REM/NDER - Joint Meeting with City Council
12:15 p.m., Monday, April 5, 1999
EOC Conference Room
Please be reminded of Monday's joint meeting with City Council. If time permits, the
following items will be discussed: neighborhood plans, update to the City's comprehensive plan,
1-73, and flood plain management issues.
I look forward to seeing you Monday. In the meantime, if you have questions or
comments, please give me a call.
Sincerely,
Martha P. Franklin, Secretary
Roanoke City Planning Commission
/f
Evelyr~. S. Lander, Agent, Roanoke City Planning Commission
~l~f~: Parker, City Clerk
Steven J. Talevi, Assistant City Attorney
Roanoke City Planting Commission Architectural Review Board Board of Zoning Appeals
'6ffice'of the City Manage,
March 17, 1999
The Honorable David A. Bowers
Mayor
Roanoke, Virginia
Dear Mayor Bowers:
Subject:
"Pinevale" Subdivision
Stormwater Management
This is in response to your letter dated March 10, 1999, which was in
response to my letter dated February 26, 1999, to city council concerning a
proposed new development along Mudlick Creek. At the moment this is one of
the more popular areas of the city for middle and upper income housing due to
the availability of sizable tracks of open space.
Let me remind you that the city enforces stormwater management
regulations which are in compliance with Commonwealth of Virginia requirements
and the Federal Emergency Management Agency (FEMA). All other localities in
the Roanoke Valley are also required to follow those standards. Our staff checks
plans for new developments very carefully to ensure that those standards are
met. The problem is that the city is at the bottom of a bowl, and virtually all
stormwater in the Valley passes through our community on its way to the
Roanoke River.
It is possible to adopt more stringent requirements than the minimums set
forth by the Commonwealth and FEMA. But there is need for caution lest we
drive up the cost of development to the extent that all new subdivisions only get
constructed outside the city, thus impacting our tax base and diversity of housing
for new residents. The ideal situation would be for all Roanoke Valley
governments to decide to increase their requirements for stormwater
management at the same time. The new Regional Stormwater Management
Plan holds out the hope for this eventuality.
Room 364 Municiloal South 215 Church Avenue, SW Roanoke, Virginia 240~ ! 1591 ~540), 85~-2333 FAX r'~43x,~ , ~5;-~ _ ' ~ ;~
CJtyWeb:www c! roanoke va us
Mayor Bowers
March 17, 1999
Page 2
At the joint luncheon meeting of City Council and the Planning Commission
on Monday, April 5, 1999, we plan to provide a briefing on stormwater
management which we hope will provide a helpful insight into this topic.
Respectfully,
W Robert Herbert
City Manager
WRH:WFC:pr
CC;
Members of City Council
,,Mary F. Parker, City Clerk
Wilburn C. Dibling, Jr., City Attorney
James D. (3risso, Director of Finance
James D. Ritchie, Assistant City Manager
William F. Clark, Director of Public Works
John (3. Reed, Civil Engineer
Evelyn S. Lander, Chief of Planning & Community Development
Office of the Mayor
CITY OF $ ROANOKE
Given under our hands and the Seal of the City of Roanoke this fifih day of April
nineteen hundred and ninety-nine.
the Congress of the United States passed the Civil Rights Act of1968,
and Title VIII declared that the law of the land would now guarantee
the rights of equal housing opportunity; and
WHE~,
the City of Roanoke has provided a fair housing program for its
residents, and today many realty companies and associations support
fair housing laws; and
WHEREAS,
in 1999, the United States Department of Housing and Urban
Development will carry out a full range of activities in recognition of
the anniversary of the Federal Fair Housing Act of 1968 and the
anniversary of the Federal Fair Housing Amendments Act o fl 988 by
sponsoring and conducting a year long campaign in celebration
commencing in April 1999, and ending with Fair Housing Month
2000; and
WHEREAS,
equal housing opportunity is a condition of life in our City that can
and should be achieved, and all citizens are encouraged to abide by
the letter and spirit of the Fair Housing Law.
t
NOW,
THEREFORE, L David A. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim the month of April, 1999, throughout this great
All-America City, as
FAIR HOUSING MONTH.
ATTEST:
Mary F. Par'ker
City Clerk
David A. Bowers
Mayor
Office of the Mayor
CITY OF ROANOKE
/J
Given under our hands and the Seal of the City of Roanoke this fifih day of April
nineteen hun&ed and ninety-nine.
WHEREAS, emergencies can occur at any time, and the prompt response of police
officers, firefighters and paramedics is critical to the protection of
life and the preservation of property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the
quality and accuracy of information obtained from citizens who
telephone the Roanoke City Communications Center; and
WHEREAS, Public Safety Dispatchers are the first and the most critical contact
our citizens have with emergency services, and they are the single
vital link for our police officers and firefighters by monitoring their
activities by radio, providing them with information and insuring
their safety; and
WHEREAS, Public Safety Telecommunicators of the Roanoke City
Communications Department have contributed substantially to the
apprehension of criminals, suppression of fires and treatment of
patients, and each dispatcher has exhibited compassion,
understanding and professionalism during the performance of their
job.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, in honor of the men and women whose diligence and
professionalism keep our City and our citizens safe, do hereby proclaim the
week of April II - 17, 1999, throughout this great All-America City, as
NATIONAL TELECOMMUNICA TOR 'S WEEK.
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34217-040599.
A RESOLUTION recognizing and congratulating William X Parsons, Acting City Attorney,
upon his receipt of the Edward J. Finnegan Award for Distinguished Service from the Local
Government Attorneys of Virginia, Inc., association.
WHEREAS, William X Parsons has served as an Assistant City Attorney since 1978, after
having performed with distinction in private practice and in the United States Army; and
WHEREAS, Mr. Parsons has been a forceful and effective advocate for the City and has
substantially contributed to the legal health of both the City and the Roanoke City School Board by
practicing preventive law on behalf of his clients;
WHEREAS, Mr. Parsons has been an active member of the LGA, and he is currently serving
on the Board of Directors;
WHEREAS, on March 26, 1999, in recognition of his many achievements and
accomplishmems, Mr. Parsons was awarded the Edward J. Finnegan Award for Distinguished
Service at the 1999 LGA Spring Conference, such award being the highest award bestowed by the
LGA.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Council adopts this resolution in recognition of and as a means of expressing its
sincere congratulations to William X Parsons, Acting City Attorney, upon his receipt of the LGA's
Edward d. Finnegan Award for Distinguished Service.
2. The City Clerk is directed to transmit an attested copy of this resolution to Mr.
Parsons. ATTEST:
City Clerk.
ROANOKE CITY COUNCIL---ROANOKE CITY SCHOOL BOARD
December 7, 1998
12:15 p.m.
A meeting of the Roanoke City Council, the Roanoke City School Board, and
Legislators representing the City of Roanoke at the 1999 Session of the Virginia
General Assembly was called to order on Monday, December 7, 1998, at 12:15 p.m.,
the regular meeting hour, at Woodrow Wilson Middle School Library, 1813 Carter
Road, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to
Rule 1, Re~lular Meetin_as. of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 34047-100798 adopted
on October 7, 1998.
COUNCIL MEMBERS PRESENT: 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.
COUNCIL MEMBERS ABSENT: None ....................................................... 0.
SCHOOL BOARD TRUSTEES PRESENT: F. B. Webster Day, Sherman P. Lea,
Brian J. Wishneff, Ruth C. Willson, Charles W. Day, Melinda J. Payne and
Chairperson Marsha W. Ellison ........................................................................ 7.
SCHOOL BOARD TRUSTEES ABSENT: None ........................................... 0.
LEGISLATORS PRESENT: Senator John S. Edwards, Delegate A. Victor
Thomas and Delegate Clifton A. Woodrum, II1.
OTHERS PRESENT: Representing the City of Roanoke: W. Robert Herbert, City
Manager; James D. Ritchie, Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H.
Bird, Municipal Auditor; William F. Clark, Director, Public Works; Kit B. Kiser,
Director, Utilities and Operations; James Grigsby, Chief, Fire/EMS Department;
Corinne B. Gott, Superintendent, Social Services; Representing the Roanoke City
Public Schools: E. Wayne Harris, Superintendent; Richard E. Kelley, Assistant
Superintendent for Operations; Cindy R. Lee, Clerk of the Board; Allison Baird,
Legislative Aid to Senator Edwards, Clara Crouch, Legislative Aid to Delegate
Woodrum; and Thomas A. Dick, Roanoke City Legislative Liaison.
The meeting was opened with a prayer by Vice-Mayor Harris.
Following lunch, the business session convened at 12:45 p.m.
SCHOOLS-COUNCIL-LEGISLATION: The Mayor presented Senator Edwards
and Delegates Thomas and Woodrum with City Seal paper weights.
Mr. Dick presented highlights of the City's proposed 1999 Legislative
Program.
(See 1999 Legislative Program on file in the City Clerk's Office.)
F. B. Webster Day, School Trustee, presented highlights of the Schools'
Proposed Legislative Program.
(See Roanoke City Schools FY 1998-2000 Legislative Program Updated FY
1999-2000 on file in the City Clerk's Office.)
Delegate Thomas advised that the Governor has expressed support of House
Bill 599 and he was pleased that local governments have joined efforts to contact
members of the House of Representatives and the State Senate. With regard to the
Regional Competitiveness Act, he added that the Governor has recommended $6
million for the first year of the biennium, no funds are recommended for inclusion
in the second year, and it is hoped to receive $12 million which is a small amount of
funds for a program of this magnitude.
Delegate Woodrum commended the work of Thomas A. Dick, the City's
Legislative Liaison, on behalf of the City of Roanoke working in conjunction with the
City Attorney. He commended Mr. Dibling for his work on revisions to the Virginia
Freedom of Information Act which has brought favorable attention to the City of
Roanoke. He also commended the School Board on school renovations throughout
the City which shows great vision and what can be accomplished with limited funds.
Senator Edwards commended Roanoke City for school renovations and
construction, etc., which have far surpassed many other school districts in Virginia.
He stated that given the fact that there are $6.6 billion in school construction/
renovation needs throughout the Commonwealth of Virginia, and localities can only
afford $4 billion, which leaves over a $2 billion shortfall, the Commonwealth of
Virginia must provide a consistent and regular funding stream for school
construction through dedication of lottery proceeds for that purpose. He added that
it has been almost 50 years since the Commonwealth has been a partner with the
localities in terms of school construction and it is time for a partnering to occur so
that localities may rely on a regular basis on a regular funding stream. In addition
to school construction and renovation, he called attention to the need for updated
computer technology; at a recent meeting of the Senate Finance Committee, it was
2
pointed out that teachers need to learn how to use current technology before they
can teach it and it is important to insure that teachers are properly trained in the use
of computers. He advised that it is hoped to construct a new roof on the GOB North
building by the end of the year, which facility will house the Higher Education Center
and title to the building will be transferred to the Roanoke Higher Education
Authority by December 1998.
The Mayor reiterated the remarks of Mr. Day regarding school construction
(page 14 of the School legislative update) in which he pointed out that 65 per cent
of school buildings in the Commonwealth of Virginia are over 25 years old. He
expressed concern that after the turn of the century, when the focus turns to the
renovation of Patrick Henry High School and William Fleming High School which will
be multi-million dollar investments, decisions that will be made at the General
Assembly level will be vitally important at the local level in the years 2001 and 2002
when attention turns to renovating Roanoke's two high schools. He concurred in
the remarks of Senator Edwards regarding the Higher Education Center and advised
that Roanoke City pledged $2.5 million, total funding for the project is approximately
$3.6 million short, and the Governor has been requested to include $3.6 million in
his budget which will be announced in December. He referred to page 16 of the
City's Legislative Program in which it was advised that the Commonwealth of
Virginia provided itself with immunity in regard to software equipment failure in the
Y2K, that localities are a subsidiary of the Commonwealth, and the City of Roanoke
has requested that immunity be afforded to cities and to School Boards. Finally, he
called attention to a problem in regard to highway maintenance, litter, etc., on 1-581
and presented photographs of the current situation. He advised that the condition
is deplorable and the Virginia Department of Transportation has not responded to
the City's repeated expressions of concern. He explained that some localities have
contracted for maintenance of interstate highways which is an avenue that the City
of Roanoke might wish to pursue.
Chairperson Ellison advised that there are $32.5 million worth of school
construction needs in the City of Roanoke, and there are approximately 33
classrooms situated in trailers across City elementary school campuses which is
something that needs to be addressed if Roanoke City facilities are to be properly
maintained. She stated that the Standards of Learning will have a fiscal impact upon
the school system in the amount of approximately $13 million. She called attention
to a Charter School application recently drafted by the Roanoke City School Board
which will provide for local control over charter school rejection or acceptance of
applications and requested that Roanoke City's legislative representatives closely
monitor the bill at the General Assembly level.
3
There being no further business, the Mayor declared the meeting of Roanoke
City Council in recess at 1:30 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, December 7, 1998, 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 Linda F. Wyatt, C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A. Bowers .......... 6.
ABSENT: Council Member William White, Sr.- .......................................... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., 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 Paul
Gunsten, Pastor, St. Philip Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
SCHOOLS-ACTS OF ACKNOWLEDGEMENT: The Mayor recognized fourth and
fifth grade students from Westside Elementary School who participated in the Young
People's Theater One Act Play Festival State Competition in Norfolk, Virginia, on
November 14, 1998. The following students won a trophy for best costumes:
Mike Barton
Dawniqua Fountain
Eugene Williams
Erica Taylor
Kirsten Coles
Stephany Hill
Tyler Poff
Antoinette Brooks
Tiffany Burroughs
India Melton
The Mayor presented each student with a Roanoke Star pencil and a Star City
hat.
ROANOKE NEIGHBORHOOD PARTNERSHIP-POLICE DEPARTMENT-ACTS OF
ACKNOWLEDGEMENT: The Mayor advised that National Night Out was introduced
in 1984 by the National Association of Town Watch to involve entire communities in
a concerted effort to heighten the awareness of crime and to encourage police
community partnerships in anti crime efforts; and the 15th Annual National Night Out
was held on August 4, 1998. He further advised that under the leadership of Police
4
Chief Joe Gaskins and with the cooperation of City Council, City Government, the
Roanoke Neighborhood Partnership, businesses and neighborhood groups, 26
neighborhoods organized events for National Night Out, another 16 neighborhoods
participated in the "Lights On" campaign and the Police Department sponsored a
kick off event at Victory Stadium. He stated that Roanoke's 1998 cooperative
participation joined the largest National Night Out in the history of the event, with
participation by over 31.1 million people in 9,420 communities who joined together
to take a stand against crime.
The Mayor announced that Roanoke City was selected by the National
Association of Town Watch as, "Rookie of the Year for 1998"; whereupon, he
presented a plaque to Police Chief Joe Gaskins and to Mariam Alam Stacy,
Coordinator, Roanoke Neighborhood Partnership.
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 the disposition of publicly held property, specifically the
conveyance of a portion of a parcel of land in the downtown area for
economic development purposes; one request to discuss a specific
legal matter requiring the provision of legal advice by counsel, being
the terms and conditions of an economic development contract in
negotiation; 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
Tuesday, September 8, 1998, and Monday, September 21, 1998, were
before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
ACTION:
Mr. Trout 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:
5
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
CELEBRATIONS: A communication from Mayor David A. Bowers
with regard to organizing a public/private partnership to arrange and
implement plans for a 1999 holiday parade, was before Council.
It was advised that the City of Roanoke is indebted to the
Distributive Education Clubs of America at Patrick Henry and William
Fleming High Schools for organizing the parade over the last 19 years;
however, the City should now take a leadership role in organizing the
parade; whereupon, the Mayor requested that the matter be referred to
the City Manager for the purpose of organizing a public/private
partnership to arrange and to implement plans for the 1999 holiday
parade.
ACTION:
Mr. Trout moved that the matter be referred to the City Manager
for the purpose of organizing a public/private partnership to arrange
and to implement plans for the 1999 holiday parade. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
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.)
6
ACTION:
Mr. Trout 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)(I), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ O.
(Council Member White was absent.)
CITY MANAGER-COUNCIL-ECONOMIC DEVELOPMENT: A report
of the City Manager requesting that Council convene in Executive
Session to discuss the disposition of publicly held property,
specifically the conveyance of a portion of a parcel of land in the
downtown area 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.)
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, specifically the conveyance of a portion of a
parcel of land in the downtown area 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 Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
CITY MANAGER-COUNCIL-ECONOMIC DEVELOPMENT: A report
of the City Manager requesting that Council convene in Executive
Session to discuss specific legal matters requiring the provision of
7
ACTION:
ACTION:
legal advice by counsel, being the terms and conditions of an economic
development contract in negotiation, pursuant to Section 2.1-344 (A)(7),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development contract in
negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Swain and adopted by
the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
PURCHASE/SALE OF PROPERTY-ECONOMIC DEVELOPMENT:
A report of the City Manager advising that pursuant to Title 15.2 of the
Code of Virginia, 1950, as amended, which requires that no real
property of the City shall be disposed of until the governing body has
held a public hearing, it is requested that Council schedule a public
hearing for December 21, 1998, at 7:00 p.m., on the conveyance of real
estate identified as a portion of Official Tax No. 1010310 commonly
known as a lot located at the northwest corner of Norfolk Avenue and
First Street, which will be proposed to be sold for economic
development purposes, 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 City
Manager to hold a public hearing on Monday, December 21, 1998, at
7:00 p.m. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
8
ACTION:
(Council Member White was absent.)
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE:
Minutes of a meeting of the Audit Committee which was held on
Monday, October 19, 1998, were before the body.
The Audit Committee considered the following items:
Financial Audits:
Cultural Services Committee
Human Services Committee
Police Department Cash Funds
Audit Findings Follow-Up
Verbal Update on Fleet Usage
Change to the Municipal Auditing 1999 Audit Plan
(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, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER-
YOUTH-INDUSTRIES-CULTURAL SERVICES COMMITTEE-ECONOMIC
DEVELOPMENT: The following reports of qualification were before
Council:
Robert C. Poole as a member of the Roanoke Civic Center
Commission for a term ending September 30, 2001;
Duane A. Kavka as a member of the Youth Services
Citizen Board for a term ending May 31, 2001;
ACTION:
Dennis R. Cronk as a Director of the Industrial
Development Authority of the City of Roanoke for a term
ending October 20, 2002;
Frances L. Keen as a member of the Cultural Services
Committee for a term ending June 30, 1999; and
David Collins as a member of the Economic Development
Commission for a term ending June 30, 2001.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Trout 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 Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY EMPLOYEES-PENSIONS: Wilbur H. Drewery, a former City
employee, having previously requested time on the agenda to address
Council with regard to health insurance benefits, he asked that the item
be withdrawn.
PETITIONS AND COMMUNICATIONS:
BUDGET-CITY JAIL-GRANTS: A communication from the
Honorable George M. McMillan, City Sheriff, advising that interdiction
orders issued by a Circuit Court pursuant to Section 4.1-333 of the
Code of Virginia may prohibit those persons with a history of public
intoxication arrests from purchasing or possessing alcoholic
beverages; violations of an interdiction order are punishable as a Class
One Misdemeanor by up to one year in jail; through cooperative efforts
of the Commonwealth's Attorney, the Circuit Court, the Police
Department and the Roanoke City Sheriff, a number of individuals have
10
received interdiction orders in Roanoke in the past year; the 1998
General Assembly provided funding for these initiatives; and the
Roanoke City Sheriff's Office developed an innovative community-
based program which 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, was before Council.
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 submitted to DCJS; the Department of Criminal Justice Services
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 provided $87,973.00 for the City of Roanoke
for fiscal year 1998-99 and $167,147.00 for the second year to initiate a
three-year program; 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 execute the Grant Acceptance Award; and appropriate
$87,973.00 to the following expenditure accounts:
1002 Regular Salaries $15,525.00
1115 Retirement 2,018.00
1120 FICA 1,187.00
1125 Health Insurance 1,225.00
1130 Life Insurance 112.00
1140 W/C Medical 42.00
2005 Maintenance Contracts 250.00
2010 Fees for Professional 43,285.00
Services
2020 Telephone 180.00
2030 Ad m i n istrative 750.00
Supplies
2040 Publications and 350.00
Subscriptions
2044 Training and Development 735.00
2046 Mileage 650.00
11
ACTION:
2075 Printing $ 250.00
2160 Postage 175.00
3005 Project Supplies 845.00
9005 Furniture and Equipment 3,250.00
9015 Equipment - other 17,144.00
Total $87,973.00
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written report concurring in the
recommendation of the City Sheriff.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34097-120798) 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. 61, page 286.)
Mr. Hudson moved the adoption of Ordinance No. 34097-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Hudson offered the following resolution:
(#34098-120798) A RESOLUTION authorizing the acceptance of
a grant to the City of Roanoke by the Commonwealth of Virginia
Department of Criminal Justice Services to implement 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.
12
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 288.)
Mr. Hudson moved the adoption of Resolution No. 34098-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Council Member Swain requested information regarding the
severity of the problem of public inebriation in the City of Roanoke, and
inquired if there are legal mechanisms to deal with providers of alcohol
to inebriated persons.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
VIRGINIA TRANSPORTATION MUSEUM: The City Manager
submitted a written report advising that the Virginia Museum of
Transportation (VMT) has undertaken certain renovations and
construction improvements to the Museum; a project description was
included in the approved Capital Improvement Program for fiscal years
1994-1998; total estimated cost of the renovation and construction
project is $1,949,001.00 which includes the following three phases:
Phase I - upgrading the front facade with paint,
construction of a new front entry and installing two neon
signs on the Museum's roof.
Phase II - building a cover/shed, with skylights, for the
Museum's outside rail and road exhibits.
Phase III - building an amphitheater.
13
It was further advised that pursuant to Resolution No. 31900-
031494, Council requested funding from the Commonwealth
Transportation Board in the Enhancement Program of the Virginia
Department of Transportation (VDOT), pursuant to the Intermodal
Surface Transportation Efficiency Act (ISTEA) for Phase I of the
Museum's renovations and construction project; VDOT included Phase
I in the Enhancement Program and awarded $228,000.00 of the
$380,000.00 needed for Phase I, with the City committing to 20% of
Phase I cost; pursuant to Resolution No. 33746-031698, Council
authorized the City Manager to execute a City State Agreement between
the City and the Virginia Department of Transportation for renovation
and construction improvements to the existing facade of the Virginia
Museum of Transportation Phase I, to provide for an increased
Intermodal Surface Transportation Act (ISTEA) award of $40,000.00,
bringing total (ISTEA) funds to $268,000.00, (008-052-9650); a maximum
of $813,000.00 (008-052-9650) of the 1996 General Obligation Bond
Issues have been committed by the City for the total project; bond
funds must be matched by funding generated by the Virginia Museum
of Transportation to include cash, in-kind goods and services and
ISTEA funding; and the City anticipates up to $152,000.00 for Phase I,
$490,000.00 for Phase II, and $171,000.00 for Phase III of the project,
which represents the City's total financial obligation to the
Transportation Museum.
It was explained that $386,000.00 of additional Phase II
enhancement funding was approved by the Commonwealth
Transportation Board in June, 1998; the agreement between City of
Roanoke and the Virginia Museum of Transportation does not provide
for the City's distribution of matching bond funds after December 31,
1999, for Phases II and III of the Museum's construction project; and
agreements between City/State and City/Virginia Museum of
Transportation need to be amended to continue the necessary flow of
funding to complete the project.
The City Manager recommended that he be authorized to execute
an amended agreement between the City and the Virginia Museum of
Transportation to provide for an extension of three years from
December 31, 1998, to allow the Virginia Museum of Transportation
additional time to complete Phases II and III of its project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
14
ACTION:
(#34099-120798) A RESOLUTION authorizing execution of
Amendment No. I to the Agreement between the City and the Virginia
Museum of Transportation, Inc., dated December 13, 1995, providing for
an extension of three years to allow additional time to complete Phases
II and III of the renovation and improvements to Roanoke's Historic
Freight Station.
(For full text of Resolution, see Resolution Book No. 61, page 289.)
Mr. Trout moved the adoption of Resolution No. 34099-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
BUDGET-GRANTS-WESTERN VIRGINIA FOUNDATION FOR THE
ARTS AND SCIENCES-MILL MOUNTAIN THEATRE: The 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 individual programs and projects to be
conducted with funds that are awarded to the City; substantial
amendments to the Annual Update require a 30-day public comment
period before the changes can be implemented; the Western Virginia
Foundation for the Arts and Sciences (WVFAS) is a 501 (c)(3) non-profit
corporation, and for over a decade, the Foundation has worked in
partnership with the City of Roanoke and other non-profit organizations
to create more than $25 million in new, direct investment in the Central
Business District.
It was further advised that the Shenandoah Hotel, located at the
corner of Campbell Avenue and Williamson Road, has been vacant for
more than a decade and is in need of major renovation; Mill Mountain
Theatre is in need of dormitory facilities for the players and classroom
space for Youth Camp and other training activities; Center-in-the-
Square through the Western Virginia Foundation desires to work in
partnership with the City of Roanoke and Mill Mountain Theatre to
15
renovate the Shenandoah Hotel for dormitory, classrooms, meeting
areas and retail space on the ground level, at a projected cost of $3.5
million; a substantial amendment is needed to the Annual Update as a
result of the recent partnering of the Western Virginia Foundation, the
City of Roanoke and Mill Mountain Theatre to renovate the Shenandoah
Hotel; authorization is required from Council to amend the Annual
Update and execute the necessary agreement with the Western Virginia
Foundation; an administrative agreement is necessary for the funds to
be obligated to the project; the subgrantee shall utilize CDBG funds to
assist in acquisition and rehabilitation of the Shenandoah Hotel, with
total CDBG funds to be provided under the Agreement not to exceed
$750,000.00; and funds will be obligated to the Agreement
incrementally as follows:
$250,000.00 on or about January 1, 1999;
$250,000.00 on or about July 1, 1999; and
$250,000.00 on or about July 1, 2000.
The City Manager recommended that he be authorized to amend
the 1998-99 Annual Update to reflect this public/private partnership
between the City of Roanoke, Western Virginia Foundations for the Arts
and Sciences and Mill Mountain Theatre for funding for the Shenandoah
Hotel Renovation project, including submission of appropriate
documents to HUD following the public review and comment period,
provided that no compelling adverse public comments are received;
that the City Manager be authorized to execute a CDBG Subgrant
Agreement with the Western Virginia Foundation for the Arts and
Sciences and amendments thereto, approved as to form by the City
Attorney; and that Council authorize the following appropriations of
excess program income:
$250,000.00 to an account to be established by the
Director of Finance to provide funding to the Western
Virginia Foundation for the Arts and Sciences for the
Shenandoah Hotel renovation.
The City's financial commitment will be $750,000.00 from
current CDBG program income and future entitlement;
renovation of the Shenandoah Hotel in the Historic District
will greatly improve a major gateway into the Central
Business District, provide much needed space for Mill
Mountain Theatre players, space for youth programs and
retail space on the first floor.
16
Downtown revitalization will be greatly enhanced.
Consistency with Consolidated Plan Goals will be
maintained; outcomes resulting from the activity
undertaken by this agreement include the renovation of a
dilapidated historic property, the return of additional retail
on the ground floor, and economic development and
training programs benefitting the City's youth, all of which
are objectives and priorities of the plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34100-120798) 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. 61, page 289.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34100-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Trout offered the following resolution:
(#34101-120798) A RESOLUTION authorizing the City Manager to
amend the Annual Update of the Entitlement Consolidated Plan for FY
1998-99, and to execute documents in connection with said
amendment; and authorizing execution of an amendment to the
Agreement with the Western Virginia Foundation for the Arts and
Sciences.
(For full text of Resolution, see Resolution Book No. 61, page 291 .)
17
ACTION:
Mr. Trout moved the adoption of Resolution No. 34101-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
BUDGET-GREENWAY SYSTEM-CONSULTANTS REPORTS-
ISTEA-GRANTS-BONDS: The City Manager submitted a written report
advising that the Mill Mountain Greenway project proposes a trail
linking the Roanoke City Market to the top of Mill Mountain; the project
will include a combination of on road and off road paved trails; and the
project is funded through a combination of Capital Improvement
Program bond funds and Intermodal Surface Transportation Efficiency
Act (ISTEA) funds.
It was further advised that a request for consultant qualifications
proposals was advertised and four firms submitted proposals, i.e.:
Whitesell Orrison, Hill Studio, P. C., Lardner/Klein Landscape
Architects, P. C., and LMW, P. C.; the selection committee selected the
firm of Lardner/Klein Landscape Architects, P. C., as the best qualified
consultant for the proposed work; and LardnerlKlein Landscape
Architects, P. C., will be teamed with Mattern & Craig, Inc., of Roanoke.
The City Manager recommended that he be authorized to execute
a contract, in a form to be approved by the City Attorney, with
LardnerlKlein Landscape Architects, P. C., in the amount of $89,436.00,
to provide professional services for engineering design of the Mill
Mountain Greenway; that Council appropriate $110,000.00 from sale of
Series 2000 Public Improvement Bonds to an account to be established
by the Director of Finance entitled, Mill Mountain Greenway; that
Council adopt a resolution declaring the City's intent to reimburse itself
$110,000.00 from the sale of Series 2000 bonds for the Mill Mountain
Greenway; and the maximum amount of debt to be issued related to the
greenway is $250,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
18
ACTION:
(#34102-120798) 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 292.)
Mr. Trout moved the adoption of Ordinance No. 34102-120798.
The motion was seconded by Mr. Hudson.
Bruce Munsey, 523 Woods Avenue, S. W., representing the Blue
Ridge Bicycle Club, requested that the City instruct Lardner Cline
Landscape Architects, as a part of its contract for professional services
for the Mill Mountain greenway, to hold design public hearings. He
stated that the Mill Mountain greenway should allow for pedestrians
and bicyclists to link with the Lick Run greenway and the Roanoke
River greenway, and greenway easements should be purchased at the
same time as the sewer interceptor project is constructed. He called
attention to a recent article in The Roanoke Times regarding the
Roanoke greenway in which it was reported that the City of Salem and
Roanoke County are planning a greenway from Greenhill Park to Salem
which will eventually connect to the Hanging Rock greenway. He
advised that the newspaper article also stated that the trail in Roanoke
is three miles long and he would support a Roanoke Valley plan to
regionally connect the trail that is a part of the flood reduction project
to the Roanoke County/Salem trail, and maintain the greenway as
originally designed to the Water Treatment Plant. He requested that the
City address the need to allow public input on the Mill Mountain
greenway and how it should connect to the planned greenway system
in the Roanoke Valley.
The City Manager advised that the issues raised by Mr. Munsey
could be explored as a part of citizen workshops and it will be
approximately 30 - 90 days before the process will take place.
Mayor Bowers referred to an article in the December 4, 1998,
edition of The Roanoke Times in which it was reported that Roanoke
County and the City of Salem are proceeding with the Roanoke River
Greenway; however, no information has been provided to the citizens
of Roanoke City regarding the Roanoke River Greenway within the City
of Roanoke.
19
ACTION:
Following discussion, it was the consensus of Council that the
matter would be referred to the City Manager for the purpose of
providing Council with a briefing; that Elizabeth Belcher, Roanoke
Valley Greenways Coordinator, would be invited to address the overall
issue of greenways; and the Mayor requested an explanation as to why
other jurisdictions in the Roanoke Valley are proceeding with greenway
development before addressing flood reduction.
Ordinance No. 34102-120798 was adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Trout offered the following resolution:
(#34103-120798) A RESOLUTION authorizing a contract with
Lardner/Klein Landscape Architects, P.C., for professional services for
the engineering design of the Mill Mountain Greenway.
(For full text of Resolution, see Resolution Book No. 61, page 293.)
Mr. Trout moved the adoption of Resolution No. 34103-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Trout offered the following resolution:
(#34104-120798) A RESOLUTION declaring the City's intent to
reimburse itself from the proceeds of its general obligation public
improvement bonds authorized to be issued pursuant to Ordinance No.
2O
33497-072197, adopted July 21, 1997, for certain expenditures to be
made in connection with the design of the Mill Mountain Greenway; and
providing for an effective date.
(For full text of Resolution, see Resolution Book No. 61, page 294.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34104-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
LICENSES-TELEPHONE EQUIPMENT: The City Manager
submitted a written report advising that in January 1996, Congress
passed the Telecommunications Act of 1996 which was signed into law
by the President in February 1996; the new Act was designed to remove
regulatory barriers and to encourage competition among all types of
communications companies; and the Act preempts all state and local
laws that prohibit or have the effect of prohibiting a business from
providing telecommunications services.
It was further advised that in compliance with the 1996
Telecommunications Act, the City entered into temporary nonexclusive
revocable license agreements with KMC (dated January 7, 1997) and
ACSl (dated December 31, 1996) granting the use of City rights-of-way
for telecommunications purposes and deferring the issue of
compensation until the General Assembly acts on the issues; ACSl has
not elected to exercise its rights under the temporary license
agreement to build its network in the City as of this date; however, KMC
has exercised its rights under the temporary license agreement and is
presently building its network in Roanoke and the surrounding area.
It was explained that a new telecommunications company to the
area, Hyperion Telecommunications of Virginia, Inc., has requested the
right to construct, maintain and operate telecommunications facilities
21
in the City's rights-of-way to provide telecommunications services
within and outside the City, pending adoption of a final ordinance and
agreement to which the company would be subject once the ordinance
and agreement are adopted by the City.
The City Manager recommended that he be authorized to execute
a temporary nonexclusive revocable license agreement with Hyperion
Telecommunications of Virginia, Inc., in a form to be approved by the
City Attorney, authorizing Hyperion Telecommunications of Virginia,
Inc., to construct, maintain and operate telecommunications facilities
in, over and across those portions of the public rights-of-ways within
the City as described in route diagrams to be filed by Hyperion and/or
as may be approved by the City Manager, or his designee, and that the
term of the temporary license agreement be until January 1, 1999, and
month to month thereafter or until the City adopts a
telecommunications regulatory ordinance and license/franchise
agreement, whichever occurs first.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Swain moved that the following ordinance be placed upon its
first reading:
(#34105) AN ORDINANCE authorizing the City Manager to
execute on behalf of the City a Temporary Nonexclusive Revocable
License Agreement with Hyperion Telecommunications of Virginia, Inc.,
for the construction, maintenance, and operation of
telecommunications facilities in the City's rights-of-way.
(For full text of Ordinance, see Ordinance Book No. 61, page 316.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 5.
NAYS: None ........................................................................ 0.
(Council Member White was absent and Council Member Wyatt was out
of the Council Chamber.)
22
ACTION:
BUDGET-SNOW REMOVAL: The City Manager submitted a
written report advising that deicing salt is necessary to provide for a
successful snow and ice removal program; and bids were received by
the City on November 5, 1998, with prices to be firm through March,
1999.
The City Manager recommended that Council authorize the
purchase of deicing salt from Cargill Salt, Inc., at a cost of $45.96 per
ton, delivered; appropriate $45,960.00 from Current Year Capital
Maintenance and Equipment Replacement Program to Snow Removal,
Account No. 001-052-4140-2045; and reject all other bids received by
the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34106-120798) 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 295.)
Mr. Trout moved the adoption of Ordinance No. 34106-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Trout offered the following emergency ordinance:
(#34107-120798) AN ORDINANCE accepting the bid of Cargill
Salt, Inc., for deicing salt, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 296.)
23
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34107-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
BUDGET-CMERP-EQUIPMENT: The City Manager submitted a
written report advising that Current Year and Prior Year Capital
Maintenance and Equipment Replacement Programs have identified
various operational needs for several City departments; the City
Manager, pursuant to authority designated by Council, may approve
expenditures less than $75,000.00 after funds have been appropriated
by Council; and the following items or projects have either been
competitively bid or will be bid in accordance with the procurement
provisions of the Code of the City of Roanoke, 1979, as amended:
400 ft. - Fencing at Public Works Service Center
Municipal South Upgrades
Neighborhood Park Equipment Replacement
Improvement to Air Circulation at
Crisis Intervention Center
Operational Equipment for New Ambulance
Equip 13 Fire Pumpers with 5" Diameter Hose
10 - Mobile In-Car Video Systems
COPE Team Equipment
25 Trash Receptacles for Parks and
Central Business District
Neighborhood Park Amenities to replace
deteriorated units
Stage Canopy for Special Events at
Elmwood Park
Starter Motor for Maintenance Shop Truck
Ambulance
14 Cubic Yard Self Contained Leaf Loader
Leaf/Debris Blower
1 - 6ft. Bushhog
I - 7ft. X 14 ft. Cargo Trailer
10 - Adult Study Tables
3 - Clerical Workstations
3 - Workstations
$15,000.00
75,000.00
50,000.00
5,000.00
2,947.00
60,000.00
35,000.00
48,995.00
20,000.00
50,000.00
3,000.00
5,000.00
62,053.00
15,000.00
4,700.00
3,000.00
4,200.00
4,680.OO
10,800.00
9,000.00
24
Workstation Replacement (Phase I)
24 Hour Chairs for 9-1-1 Employees
7 - Chairs for Building Inspectors
Miscellaneous Office Equipment
Workplace Violence Prevention Program (Phase I)
Roanoke River Center - Phase I
$26,395.00
7,428.00
1,218.00
14,500.00
10,000.00
30,000.00
Total $572,916.00
The City Manager recommended that Council appropriate
$572,916.00, as follows, for the above listed items and projects:
$30,000.00 from General Fund Prior Year Capital
Maintenance and Equipment Replacement Program to an
account to be established by the Director of Finance.
$542,916.00 from
Maintenance and
follows:
General Fund Current Year Capital
Equipment Replacement Program as
$15,000.00 to Building Maintenance Account No. 001-
052-4330-3056.
$5,000.00 to Building Maintenance Account No. 001-052-
4330-3057.
$75,000.00 to Engineering Account No. 008-052-9556-
9003.
$2,947.00 to Fire/EMS Account No. 001-050-3521-9015.
$88,953.00 to Fleet Management Account No. 017-052-
2642-9015.
$60,000.00 to Fire/EMS Account No. 001-050-3213-9015.
$35,000.00 to Police Department Account No. 001-050-
3113-2035.
$48,995.00 to Police Department Account No. 001-050-
3113-2061.
$50,000.00 to Parks and Grounds Account No. 001-052-
4340-2049.
$73,000.00 to Parks and Grounds Account No. 001-052-
4340-3005.
$5,000.00 to Parks and Grounds Account No. 001-052-
4340-9015.
$4,680.00 to Library Account No. 001-054-7310-9015.
$10,800.00 to City Clerk Account No. 001-001-1120-9015.
$19,000.00 to Personnel Management Account No. 001-
002-1261-9015.
$26,395.00 to Commissioner of the Revenue Account No.
001-022-1233-9015.
25
ACTION:
$7,428.00 to Communications Account No. 001-050-4130-
9015.
$1,218.00 to Building Inspections Account No. 001-052-
3410-2035.
$3,420.00 to Social Services Account No. 001-054-5314-
2035.
$11,080.00 to Social Services Account No. 001-054-5311 -
9015.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34108-120798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General, Capital Projects and Fleet Management
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 297.)
Mr. Trout moved the adoption of Ordinance No. 34108-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
BUDGET-PARKS AND RECREATION-EQUIPMENT: The City
Manager submitted a written report advising that the Current Year
Capital Maintenance and Equipment Replacement Program identified
the need to replace playground equipment in the following four
neighborhood parks: Fallon, Golden, Melrose and Norwich parks;
specifications were developed along with a request for bids; and bids
were received and publicly opened and read on November 4, 1998, in
the Office of Manager of Supply Management.
The City Manager recommended that Council authorize the
purchase of playground equipment from Miracle Recreational
Equipment Company, cio Site Concepts, Inc., at a delivered and
installed cost of $101,776.00; authorize a $20,000.00 contingency for
26
ACTION:
ACTION:
site preparation at four park facilities; appropriate $121,776.00 from
General Fund Current Year Capital Maintenance and Equipment
Replacement Program to Parks and Grounds, Account No. 001-052-
4340-9015; and reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34109-120798) 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 300.)
Mr. Trout moved the adoption of Ordinance No. 34109-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Trout offered the following resolution:
(#34110-120798) A RESOLUTION accepting the bid of Miracle
Recreational Equipment Company, cio Site Concepts, Inc., for the
purchase of new playground equipment for use in four City parks, upon
certain terms and conditions; and rejecting the other bids made for
such equipment.
(For full text of Resolution, see Resolution Book No. 61, page 301.)
Mr. Trout moved the adoption of Resolution No. 34110-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
27
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
POLICE DEPARTMENT-BUDGET-GRANTS-TRANSPORTATION
SAFETY: The City Manager submitted a written report advising that the
State Transportation Safety Board awards state grants for districts
throughout Virginia for enhancement of selective DUI and occupant
enforcement efforts, and the Board awarded $10,000.00 to the City of
Roanoke during fiscal year 1997-98 for this purpose; the grant requires
the agency requesting funds to provide items and equipment necessary
to carry out selective enforcement; and while there are no formal local
matching funds involved, City vehicles, fuel, and police equipment are
utilized by officers working under this grant funding.
It was further advised that in Roanoke City, speed and alcohol
were a direct factor in 20% of automobile crashes (13,694) for the
period 1995 through 1997, with 3,179 injuries and 14 deaths; targeting
impaired drivers and encouraging proper seat belt usage can
significantly reduce injuries and deaths; local funding for overtime for
extra-duty assignments is limited and reduces the Police Department's
ability to conduct successful selective DUI enforcement; the State
Transportation Safety Board approved Roanoke City's application for
grant continuation from October 1, 1998 to September 30, 1999, in the
amount of $12,000.00 on October 1, 1998; and with no local matching
funds, required, application was submitted pursuant to Section 2 - 124
of the Code of the City of Roanoke, 1979, as amended.
The City Manager recommended that Council appropriate
$12,000.00 of selective DUI and seat belt enforcement grant funds from
the State Transportation Safety Board to revenue and expenditure
accounts 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:
(#34111-120798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
28
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 302.)
Mr. Trout moved the adoption of Ordinance No. 34111-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT: The
City Manager submitted a written report advising that the Roanoke City
Department of Social Services and the State Health Department entered
into an agreement in 1994 to establish an Eligibility Worker position
through the Department of Social Services to be placed at the Roanoke
City Health Department to assure that all citizens have an opportunity
to apply for Medicaid; and the service has been in operation for five
years.
It was further advised that the 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; the Outstationed Eligibility Worker currently attends six
clinic programs to take applications, determines eligibility, carries an
ongoing caseload of 115, and serves as a resource for Medicaid billing
issues; and the Roanoke City Health Department is satisfied with the
results of having an eligibility worker on location and wishes to
continue the service.
The City Manager recommended that he be authorized to
continue the services of the Outstationed Eligibility Worker at the
Health Department; and that Council appropriate $29,986.00 for fiscal
year 1998-99 to revenue and expenditure accounts to be established in
the Grant Fund by the Director of Finance.
Salary $23,019.00
ICMA 3,322.00
FICA 1,761.00
Health Insurance 1,656.00
29
ACTION:
Dental Insurance
Disability Insurance
$ 170.00
58.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34112-120798) 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. 61, page 303.)
Mr. Trout moved the adoption of Ordinance No. 34112-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-EQUIPMENT:
The City Manager submitted a written report advising that the City of
Roanoke has received Program Grant No. 03CY03396/01, in the amount
of $1,700.00, from the U. S. Department of Health and Human Services
to purchase computer equipment that will be used to comply with
Federal reporting guidelines as set forth by the Department of Health
and Human Services; the U. S. Department of Health and Human
Services awards one time grants for computer requirements; the grant
project period is from September 1, 1998 through August 31, 1999; and
goals are to comply with Federal electronic reporting guidelines of the
Department of Health and Human Services Runaway and Homeless
Youth Act, to enhance the ability of program management for the
Sanctuary Outreach Program, and to communicate more efficiently and
effectively.
The City Manager recommended that he be authorized to execute
the grant agreement and ancillary documents required to accept the
United States Department of Health and Human Services' Runaway and
Homeless Youth Program Grant No. 03CY0339961/01; and that Council
3O
ACTION:
ACTION:
appropriate $1,700.00 of Federal grant funds to Crisis Intervention
Center/Sanctuary Outreach Program revenue and expenditure accounts
to be established in the Grant Special Revenue Fund by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34113-120798) 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. 61, page 304.)
Mr. Hudson moved the adoption of Ordinance No. 34113-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Hudson offered the following resolution:
(#34114-120798) A RESOLUTION authorizing the acceptance of
a grant from the United States Department of Health and Human
Services of one time supplemental funds for the purchase of computer
equipment to be used at the City's Crisis Intervention Center
(Sanctuary); and authorizing the execution of the necessary
documents.
(For full text of Resolution, see Resolution Book No. 61, page 305.)
Mr. Hudson moved the adoption of Resolution No. 34114-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
31
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Vice-Mayor Harris requested statistics on the number of runaway
and homeless youth in the City of Roanoke.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager
submitted a written report advising that the 1998 Acts of Assembly
created the Virginia Children's Medical Security Insurance Plan
Program (CMSlP) under Federal authority of Title XXl of the Social
Security Act; Virginia's Title XXl plan, which is administered by the
Virginia Department of Medical Assistance Services (DMAS), was
approved on October 22, 1998, and was implemented on October 26,
1998; the Virginia Department of Medical Services has a contract with
the Virginia Department of Social Services to take applications for, and
to determine the eligibility of Insurance Plan Program applicants as well
as Medicaid applicants; children who are determined eligible for Title
XXl (CMSIP) are enrolled in the Medicaid Management Information
System (MMIS) computer system and receive an identification card
from MMIS, similar to a Medicaid identification card; and this card will
serve as notification to health care vendors of the child's eligibility for
the Insurance Plan Program.
It was further advised that the Virginia Department of Social
Services (VADSS) has allocated funding for the Virginia Children's
Medical Security Insurance Plan Program to localities utilizing a
formula which distributes funding based on the Iocality's percentage
of family and children and medically indigent Medicaid cases and its
percentage of children under the age of 17 living in poverty (1993
census estimates); the Virginia Department of Social Services has
estimated the total number of children under the age of 17 living in
poverty in Roanoke City is 7,107, and has allocated $53,496.00 to the
Roanoke City Department of Social Services for the Children's Medical
Security Insurance Plan for the remainder of fiscal year 1999, which
funds will not require a local match; and the Roanoke City Department
of Social Services will utilize its Insurance Plan Program allocation to
hire temporary personnel to take applications for, and to determine
eligibility of Insurance Plan Program applicants for the remainder of
fiscal year 1999.
32
The City Manager recommended that Council appropriate
$53,496.00 to Income Maintenance cost center 001-054-5313-2010, in
order to implement the Virginia Children's Medical Security Insurance
Plan Program; and increase the General Fund Revenue estimates by
$53,496.00 in Administration Benefit Programs, Account No. 001-020-
1234-0676.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34115-120798) 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 306.)
Mr. Hudson moved the adoption of Ordinance No. 34115-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
BUDGET-GRANTS-YOUTH: The City Manager submitted a written
report advising that the City's Office on Youth submitted a grant
proposal to the Department of Criminal Justice Services under the
grant program of Accountability-Based Supplement; the purpose of the
grant is to develop and implement a formal counseling program housed
in the Noel C. Taylor Learning Academy; the program will provide on-
site counseling services to high risk juveniles/students and their
families; the grant, in the amount of $35,000.00, does not require a local
match; the City's Office on Youth will administer the grant; Council
formally accepted the grant on November 16, 1998 by Resolution No.
34087; and appropriation of funds is required to implement the
program.
33
ACTION:
The City Manager recommended that Council appropriate
$35,000.00 in state grant funds, as follows, and provide a
corresponding revenue estimate in a grant fund account to be
established by the Director of Finance:
2010 Fees for Professional Services
2046 Local Mileage
2030 Administrative Supplies
$31,000.00
1,800.00
2,200.00
$35,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34116-120798) 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. 61, page 307.)
Mr. Harris moved the adoption of Ordinance No. 34116-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Council Member Swain requested additional information on the
Community-Family Counseling Center and System Analysis Program;
viz: how long has the program existed and has the program proven to
be effective in addressing the problems of youth.
CITY EMPLOYEES: The City Manager submitted a written report
in connection with providing additional holiday time for City employees
in December, 1998; whereupon, he recommended that all full-time City
employees be granted eight hours on Thursday, December 24, as
additional holiday time; that employees in the Fire-EMS Department
working the three platoon system receive 12 hours of holiday time
since their work schedule includes 40% more hours on duty per year
34
ACTION:
(2912 hours vs. 2080 hours); and in those areas where employees
cannot be off due to workload staffing requirements, holiday time can
be taken at a later date.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34117-120798) A RESOLUTION closing certain City offices on
Christmas Eve, December 24, 1998; and providing for additional
holiday leave for all City employees.
(For full text of Resolution, see Resolution Book No. 61, page 308.)
Mr. Hudson moved the adoption of Resolution No. 34117-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of October, 1998.
(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 October would be received and filed.
BUDGET: The Director of Finance submitted a written report
advising that the June 30, 1998 Financial Report stated that the
Department of Finance would continue its analyses of personal
property and other revenues in comparison with the estimates for fiscal
year 1999 and upon completion of the annual external audit, advise
Council as to whether revenue estimates should be adjusted; the
revenue estimate for fiscal year 1999 personal property revenue was
35
established and adopted before assessments and collections were
finalized for fiscal year 1998, thus, it was not possible to fully anticipate
the impact of change of the assessment book on personal property
revenues; now that the audit is complete, the Director of Finance
advised that he is of the opinion that personal property and bank stock
franchise tax revenues will not meet revenue estimates for fiscal year
1999; bank stock franchise taxes fluctuate annually based on the net
capital of banks in the Roanoke locality; collections dropped
significantly in fiscal year 1998 and it is believed that collections for
fiscal year 1999 will be in a similar range; the real estate tax estimate
is being increased to anticipate the one-time collection of roll back
taxes prompted by the rezoning of property along Interstate 581; and
the under performance of personal property and bank stock franchise
taxes will be offset by various other revenues that are now believed to
exceed their estimates.
ACTION:
The Director of Finance recommended adoption of a budget
ordinance which reduces the personal property and bank stock
franchise tax and increases various other revenue estimates; the net
effect to the overall General Fund budget is zero; the adjustments will
not require an adjustment to funding for the School Administration; and
the difference will be settled between the original budgetary
commitment and actual revenues collected at the close of each fiscal
year.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34118-120798) 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 309.)
Mr. Hudson moved the adoption of Ordinance No. 34118-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
36
(Council Member White was absent.)
AUDITS/FINANCIAL REPORTS-PENSIONS: The Director of
Finance presented the audited fiscal year 1998 Comprehensive Annual
Financial Reports for the City of Roanoke and the City of Roanoke
Pension Plan.
ACTION:
It was advised that the unaudited General Fund Capital
Maintenance and Equipment Replacement Program (CMERP) of
$3,470,392.00 as reported at the August 3, 1998, Council meeting is
unchanged; the unaudited School Fund Capital Maintenance and
Equipment Replacement Program (CMERP) of $1,379,555.00 as
reported is also unchanged; and these balances are available for future
appropriation ordinances to be approved by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The
motion was seconded by Ms. Wyatt and adopted.
(Council Member White was absent.)
REPORTS OF COMMITTEES:
TRAFFIC-BUDGET-CITY EMPLOYEES-JEFFERSON 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 construction of a joint use parking
facility in the vicinity of the Jefferson Center complex; whereupon, he
recommended that Council approve the following actions:
Authorize the City Manager to execute a unit price
contract, in a form approved by the City Attorney, with
L. H. Sawyer Paving Co., Inc., in the amount of
$262,506.95, with a June 1, 1999, completiOn date and a
project contingency of $27,000.00 for construction of a
new parking lot located on the north side of Church
Avenue, between 5th and 6th Streets (66 spaces); the
project also proposes the expansion of an existing
parking lot located on Luck Avenue (48 new spaces); and
the parking lots will be lighted and landscaped.
37
Transfer $289,507.00 from Public Improvement Bonds
Series 1996 to Employee Parking Account No. 008-056-
9698.
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.)
Mr. Swain offered the following emergency budget ordinance:
(#34119-120798) 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 311.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34119-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Swain offered the following emergency ordinance:
(#34120-120798) AN ORDINANCE accepting the bid of L. H.
Sawyer Paving Co., Inc., for the construction of a new parking lot
located on the north side of Church Avenue, between 5th and 6th Streets,
and the expansion of an existing parking lot located on Luck Avenue,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 312.)
38
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34120-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES: Council
at its meeting on Monday, November 16, 1998, having tabled a report of
the Bid Committee in connection with bids received by the City for
construction of Peters Creek Road Fire/EMS Station No. 4, Council
Member Carroll E. Swain, Chairperson, Bid Committee, presented a
communication requesting that Council remove the item from the table
for consideration.
The Bid Committee recommended execution of an agreement
with Williams Painting and Remodeling, Inc., in the amount of
$733,000.00, and that Council approve the following actions:
Authorize the City Manager to enter into a contractual
agreement, in a form to be approved by the City Attorney,
with Williams Painting and Remodeling, Inc., of Roanoke,
Virginia, to construct the Peters Creek Road Fire/EMS
Station #4, in accordance with contract documents as
prepared by LMW, P. C., Engineering-Architecture,
Surveying of Roanoke, Virginia, in the amount of
$733,000.00 and 240 consecutive calendar days
construction time.
Appropriate the following funding from the 1996 General
Obligation Bond Issue to Capital Projects, Account No.
008-052-9677-9001, "Peters Creek Road Fire/EMS Station
No. 4"
Contract Amount
Project Contingency*
Reproduction of Contract
Documents (40 sets)
Total
$733,000.00
58,800.00
6.200.00
$798,000.00
39
ACTION:
*Project contingency includes funding for advertising,
telephone and other miscellaneous expenses.
Reject other bids received by the City.
As a response to certain concerns raised by Council Member
Wyatt at the Council meeting on Monday, November 16, 1998, the City
Manager submitted a written report advising that based on careful
review of the bids submitted for Fire/EMS Station #4, Williams Painting
and Remodeling, Inc., is the Iow bidder meeting all bid specifications;
Williams Painting and Remodeling, Inc., conforms with all requirements
of the bid request, and its bid package is complete, containing a bid
form, minority and women-owned business certification form,
employment project form, and appropriate bid security.
It was further advised that in 1995, the City Attorney's Office
strengthened the City's construction documents as to licensure
requirements for general contractors and subcontractors; the City
Attorney's Office has received correspondence dated November 20,
1998, from Stan Barnhill, Woods, Rogers & Hazlegrove, Attorney,
representing Williams Painting and Remodeling, Inc., concerning his
client and the abovementioned bid; as indicated in Mr. Barnhill's
correspondence, Williams Painting which bid on the Fire/EMS Station
project is a new corporate entity incorporated in June 1998; and Mr.
Barnhill's correspondence indicates that Williams Painting has its own
policies for doing business, specifically a prohibition against using
unlicensed subcontractors on its projects.
The City Manager emphasized the importance of the project
moving forward, and concurred in Bid Committee's recommendations.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34121-120798) 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 313.)
Mr. Swain moved the adoption of Ordinance No. 34121-120798.
The motion was seconded by Mr. Hudson.
40
ACTION:
Council Member Wyatt advised that she previously raised
questions with regard to the past practice of Williams Painting and
Remodeling in contracting work to unlicensed subcontractors. She
stated that based on the information that Council received from the City
Manager, Williams Painting and Remodeling is now under new
management and observes a practice of monitoring its activities;
therefor, her previous questions have been addressed.
Ordinance No. 34121-120798 was adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Swain offered the following emergency ordinance:
(#34122-120798) AN ORDINANCE accepting the bid of Williams
Painting and Remodeling, Inc., for construction of the Peters Creek
Road Fire-EMS Station ~4, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 314.)
Mr. Swain moved the adoption of Ordinance No. 34122-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
41
ACTION:
ZONING: Ordinance No. 34095, rezoning two tracts of land
located on Shenandoah Avenue, N. W., identified as Official Tax Nos.
6030107 and 6030108, from RM-2, Residential Multifamily District,
Medium Density District, to C-2, General Commercial District, subject
to certain proffers contained in an Amended Petition filed in the Office
of the City Clerk on October 19, 1998, having previously been before
the Council for its first reading on Monday, November 16, 1998, 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:
(#34095-120798) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 603, 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 283.)
Mr. Trout moved the adoption of Ordinance No. 34095-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM
DRAINS: Ordinance No. 34096, providing for acquisition of additional
property rights needed by the City in connection with construction of
the Roanoke River Interceptor Sewer Replacement Project; 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 conveyance to an entity
related to the original owners upon completion of the project, having
previously been before the Council for its first reading on Monday,
November 16, 1998, 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:
42
ACTION:
(#34096-120798) AN ORDINANCE providing for the acquisition of
additional property rights needed by the City in connection with the
construction of the Roanoke River Interceptor Sewer Replacement
Project; 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; providing for conveyance to
an entity related to the original owners upon completion of the project.
(For full text of Ordinance, see Ordinance Book No. 61, page 285.)
Mr. Trout moved the adoption of Ordinance No. 34096-120798.
The motion was seconded by Mr. Harris.
Mr. James Leonard, 1935 Hope Road, S. W., advised that at the
last meeting of Council on Monday, November 16, 1998, he objected to
the wording of the item as listed on the Council agenda, which included
only official tax numbers to identify the property and recommended
that full text addresses be used in the future for public information and
identification purposes. He recommended that Council table the item
pending receipt of information on current property owners, project
price, scope of work, the entity to which or to whom the property will
be conveyed for purchase and the resale price.
Council Member Wyatt, Chairperson, Water Resources
Committee, advised that the matter was discussed in meetings of the
Water Resources Committee, which meetings are open to the public.
She explained that the matter is the end result of considerable work by
City staff and the public has had access to the information.
The Mayor advised that future matters will be described in more
detail on the Council agenda; however, Council is currently considering
the second reading of Ordinance No. 34096 which was adopted by
Council on its first reading at the public hearing on Monday,
November 16, 1998, and considerable expense would be incurred if the
matter is tabled and readvertised for public hearing:
Ordinance No. 34096-120798 was adopted by the following vote:
AYES: Council Members Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................. 5.
NAYS: None ........................................................................ 0.
43
ACTION:
(Council Member White was absent and Council Member Hudson
abstained from voting.)
COUNCIL: Ms. Wyatt offered the following resolution providing
that the regular meeting of City Council scheduled to commence at
12:15 p.m., on Monday, December 21, 1998, shall commence at
2:00 p.m., on date:
(#34123-120798) A RESOLUTION providing that the regular
meeting of City Council scheduled to commence at 12:15 p.m. on
December 21, 1998, shall commence at 2:00 p.m., on the same date.
(For full text of Resolution, see Resolution Book No. 61, page 315.)
Ms. Wyatt moved the adoption of Resolution No. 34123-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
POLICE DEPARTMENT-YOUTH: Council Member Swain
requested a briefing on City of Roanoke crime statistics and that the
briefing include statistics on incidents of crime committed by juveniles.
He inquired as to why the City's curfew ordinance is not strictly
enforced.
It was the consensus of Council that the matter would be referred
to the City Manager and the City Attorney for report to Council.
TRAFFIC-PARKS AND RECREATION: Council Member Hudson
called attention to a potentially dangerous situation at the West End
Park playground located at Campbell Avenue and Tenth Street. He
44
advised that there is no fence on the Campbell Avenue side of the
playground and there are occasions when children run into the street
to retrieve balls.
It was the consensus of Council that the matter would be referred
to the City Manager for appropriate response.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT-COUNCIL: Mr. Robert Gravely, 1412
Moorman Road, N. W., addressed Council with regard to safety issues
in the City Council Chamber.
At 4:00 p.m., the Mayor declared the meeting in recess.
At 4:55 p.m., the meeting reconvened in the Council Chamber,
with Vice-Mayor Harris presiding, and all Members of the Council in
attendance, with the exception of Council Member White and Mayor
Bowers who left the meeting during the Executive Session.
ACTION:
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 Wyatt, Harris, Hudson, Swain and
Trout ........................................................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Council Member White were absent .)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Vice-Mayor advised that there is a vacancy on the Advisory Board of
Human Development created by the ineligibility of The Reverend Frank
Feather to serve another term, and called for nominations to fill the
vacancy.
Mr. Trout placed in nomination the name of Courtney A. Penn.
45
ACTION:
ACTION:
ACTION:
Thers being no further nominations, Mr. Penn was appointed as
a member of the Advisory Board of Human Development, for a term
ending November 30, 2001, by the following vote:
FOR MR. PENN: Council Members Wyatt, Harris, Hudson, Swain
and Trout .................................................................................... 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Vice-Mayor advised that the term of office of William C. Holland and
George M. McMillan as members of the Advisory Board of Human
Development expired on November 30, 1998, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of William C. Holland
and George M. McMillan.
There being no further nominations, Messrs. Holland and
McMillan were reappointed as members of the Advisory Board of
Human Development, for terms ending November 30, 2002, by the
following vote:
FOR MR. HOLLAND AND MR. MCMILLAN: Council Members
Wyatt, Harris, Hudson, Swain and Trout ........................................ 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Vice-Mayor
advised that thers is a vacancy on the Industrial Development Authority
of the City of Roanoke created by the resignation of Russell O.
Hannabass, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Stark H. Jones.
There being no further nominations, Mr. Jones was appointed as
a Director of the Industrial Development Authority of the City of
Roanoke, for a term ending October 20, 2002, by the following vote:
FOR MR. JONES: Council Members Wyatt, Harris, Hudson,
Swain and Trout ......................................................................... 5.
(Mayor Bowers and Council Member White were absent.)
46
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Vice-Mayor advised that the terms of office of
Ronald H. Miller, Charles W. Hancock, Barbara N. Duerk, Allen T. Wilson
and Judy A. Bower as members of the Roanoke Neighborhood
Partnership Steering Committee expired on November 30, 1998, and
called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Ronald H. Miller,
Charles W. Hancock, Barbara N. Duerk, Allen T. Wilson, and Judy A.
Bower.
ACTION:
ACTION'
There being no further nominations, Mr. Miller, Mr. Hancock,
Ms. Duerk and Mr. Wilson were reappointed as members of the
Roanoke Neighborhood Partnership Steering Committee, for terms
ending November 30, 1999, and Ms. Bower was reappointed as a
member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 2001, by the following vote:
FOR MR. MILLER, MR. HANCOCK, MS. DUERK, MR. WILSON,
MS. BOWER AND MS. PRINCE: Council Members Wyatt, Harris,
Hudson, Swain and Trout ............................................................ 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Vice-Mayor advised that there is a vacancy on the
Roanoke Neighborhood Partnership Steering Committee created by the
death of Melvin C. Anderson, and called for nominations to fill the
vacancy.
Ms. Wyatt placed in nomination the name of Paula M. Prince.
There being no further nominations, Ms. Prince was appointed
as a member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 2001, by the following vote:
FOR MS. PRINCE: Council Members Wyatt, Harris, Hudson,
Swain and Trout .......................................................................... 5.
(Mayor Bowers and Council Member White were absent.)
47
There being no
adjourned at 5:00 p.m.
ATTEST:
further
business, the
APPROVED
Vice-Mayor
declared the meeting
Mary F. Parker
City Clerk
David A. Bowers
Mayor
48
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
December 21, 1998
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 21, 1998, at 2:00 p.m., in the City Council Chamber, fourth floor, Municipal
Building, 21 $ Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers
presiding, pursuant to Rule 1, Recjular Meetincjs, of Section 2-15, Rules of Procedure,
Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No.
34123-120798 adopted on Monday, December 7, 1998.
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: W. Robert Herbert, City Manager; William X Parsons,
Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Melvin L. West,
Pastor, Church of the Harvest.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
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 one request for Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
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,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET: A report of the City Manager with regard to the
proposed budget study schedule for fiscal year 1999-2000, was before
Council.
It was advised that the operating budget will be presented on
April 19, 1999, which is a regularly scheduled meeting of Council; and
since Council meetings are held on the first and third Mondays of each
month and public hearings are usually conducted on the third Monday,
the May 3, 1999 evening public hearing and the May 10, 1999 adoption
of the budget will, however, require special meetings.
The City Manager recommended that Council consider the
following proposed budget study schedule and take action on Monday,
January 4, 1999, to formally approve the schedule.
April 19, 1999
Public presentation of fiscal
year 1999-2000 recommended
budget, and update to the
Consolidated Plan (HUD budget)
to City Council by City Manager.
2
ACTION:
April 20, 1999
Advertisements of public
hearings on recommended
budget, tax rates and
Consolidated Plan update
appear in newspapers.
May 3, 1999
Public hearings on
recommended budget, tax rates
and update to the Consolidated
Plan.
** Requires Special Evening
(7:00 p.m.) Meeting of Council
May 4 - 7, 1999
Council budget study work
sessions.
May 10, 1999
Council adopts General Fund,
School Fund and Proprietary
Fund budgets, approves an
annual appropriation ordinance
and adopts the update to the
Consolidated Plan.
** Requires Special Meeting of
Council
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: A
communication from Fred P. Roessel, Jr., Ph.D., Executive Director,
Blue Ridge Community Services, recommending concurrence in the
3
ACTION:
reappointment of William L. Lee as an at-large member of the Blue
Ridge Community Services Board of Directors, for a term ending
December 31, 2001, was before Council.
It was advised that the term of office of Reverend Lee as an at-
large member will expire on December 31, 1998; the by-laws of the
Board of Directors require that at-large members be recommended by
the Board to the five participating localities, and all five local
governments must concur in the recommendation in order to confirm
an appointment; and at the December 3, 1998, Board of Directors
meeting, a resolution was adopted to recommend the reappointment of
Reverend Lee for a three year term of office as an at-large member.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the reappointment of the
Reverend William L. Lee for an additional three year term of office
ending December 31, 2001. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE:
Minutes of a meeting of the Audit Committee of Roanoke City Council
which was held on Monday, December 7, 1998, were before the body.
The Audit Committee considered the following items:
KPMG June 30, 1998 Reports:
City of Roanoke Letter of Recommendation on
Procedures and Controls
City of Roanoke Report to the Audit Committee
City of Roanoke Pension Plan Letter to the Pension
Committee
City of Roanoke Comparative Report Transmittal
Form
4
Financial Audits:
ACTION:
Grants Compliance
Fiscal Management
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the Minutes 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,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
ECONOMIC DEVELOPMENT-OATHS OF OFFICE-COMMITTEES:
A report of qualification of John M. Stroud as a member of the
Economic Development Commission for a term ending June 30, 2001,
was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report 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,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUDGET-YOUTH-SCHOOLS: John Brown, President, Board of
Directors, Northwest Child Development Center, appealed to Council
for one time only funding assistance to purchase the Northwest Child
Development Center property located at 1523 Melrose Avenue, N. W.,
which is currently owned by the Southwest Virginia Community
Development Fund. He explained that the Northwest Child
Development Center began its program on March 1, 1983, out of a non-
profit United Way affiliated agency; the Center operates Monday
through Friday, 6:00 a.m. to 6:00 p.m., accommodating up to 100
children ranging in age from 18 months to five years in the preschool
program and ages six to 12 in the before and after school program. He
advised that services include activities designed to promote the
intellectual, physical, social and emotional growth of the average child.
Vernon M. Danielsen, Past Member, Board of Directors,
Northwest Child Development Center, advised that he has been
associated with the Center for approximately six years in which
capacity he addressed the financial operation of the Center. He stated
that approximate value of the property as listed on the City's tax roles
is $300,000.00, although a final appraisal has not been received. He
called attention to needed improvements such as expanding the
playground, adding playground equipment, structural improvements,
etc., and it is believed that the property can be purchased, along with
necessary improvements, for approximately $400,000.00; whereupon,
he requested the City's funding assistance on a one time basis.
The Reverend Quentin White, parent of three former students of
the Northwest Child Development Center, who are now enrolled in City
schools, advised that the Center did an excellent job in preparing his
children for their careers in the Roanoke City Public School System.
He urged that Council give favorable consideration to the request.
Mr. Trout moved that the matter be referred to the City Manager
for study, report and recommendation to Council with regard to funding
sources for a one time grant and funding sources for a long term loan.
The motion was seconded by Mr. Hudson and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$53,064.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund for music instrument
replacement, district-wide facility maintenance, vehicle
replacement, and facility improvements to Huff Lane Micro
Village and Ruffner Middle School.
6
ACTION:
$34,659.00 for the School Health Incentive grant to provide
for an increase in the physical health care services in
elementary and secondary schools. This new program is
funded by state funds.
$1,000.00 for the Let's Talk Program to provide enrichment
for economically disadvantaged students through
educational field trips. This continuing program is funded
with a donation from the Downtown Kiwanis Club.
$56,335.00 for the Technology Literacy Challenge grant to
develop individual competencies and training in
instructional technology for 220 teachers in grades K - 2
in order to improve the academic and technological
achievement of the district's primary students. This
continuing program will be funded with Federal funds.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34124-122198) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 317.)
Mr. Trout moved the adoption of Ordinance No. 34124-122198.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
7
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS: The City Manager submitted a
written report in connection with upgrading and expanding of the Water
Pollution Control Plant to 62,000,000 gallons treatment capacity per
day, advising that the contractor for the project is Danis Environmental
Industries, Inc., in the amount of $16,690,000.00, with a specified time
of 730 consecutive calendar days for completion of the work.
It was further advised that the following additional items have
been identified as part of the required work on the project and need to
be approved for payment:
Item 8 of Change Order No. 3 was for sandblasting the
interior of Secondary Digester No. 5 (used to collect and
store methane gas for plant use); the consultant specified
50 mil coating of modified polyurethane coating to close
the cracks in the concrete walls of the digester; however,
once this was done, the walls still leaked; the
manufacturer of the coating was consulted and his
recommendation was to apply an additional 50 mil
thickness of coating, which was done and the tank now
holds gas; and cost for the additional coating is $7,053.00.
Digester No. 4 was found to be the same as No. 5 once it
was uncovered and emptied; and to sandblast and provide
and install 100 mils of modified polyurethane to the
interior walls of Digester No. 5 is $27,861.00.
Forming costs for suspended gullet slab which was not
clear in the contract documents; the estimator had
assumed a gullet slab on grade, not suspended as
required; and price of form work and shoring is $3,365.00.
It was explained that the total amount of Change Order No. 4 is
$38,279.00; and Malcolm Pirnie, Inc., and Mattern & Craig, Inc., have
reviewed the changes and recommend approval for payment.
The City Manager recommended that he be authorized to issue
Change Order No. 4 to the contract with Danis Environmental
Industries, Inc., in the amount of $38,279.00, with no change in the
contract time of completion; total contract amount would be
$16,946,891.00, and a completion date of November 5, 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%) $14,278.07
(29.2%) 11,177.47
(20.9%) 8,000.31
(7.0%) 2,679.53
(5.6%) 2,143.62
$38,279.OO
Total of Change Order No. 4
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34125-122198) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 4 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. 61, page 319.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34125-122198.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was out of the Council Chamber.)
Mr. Swain inquired as to the life expectancy once the
polyeurathane coating is applied; whereupon, the Director of Utilities
and Operations advised that he would research the matter and respond
to Mr. Swain's question accordingly.
9
ACTION:
BUDGET-COMMUNICATIONS DEPARTMENT-EQUIPMENT: The
City Manager submitted a written report advising that Council
authorized a Regional Radio System on May 12, 1997, during approval
of the fiscal year 1997-98 budget; the Intergovernmental Agreement
between Roanoke City and Roanoke County was executed for
installation of a Regional Radio System on December 16, 1997; a
contract with Motorola, Inc., was executed for installation of the
Regional Radio System on December 17, 1997; the project is currently
on schedule and is due to be activated for Phase I, Fire and EMS in
January 1999; $1,031,780.00 was included in Transfers to Capital
Projects Fund as part of the adopted General Fund budget; and
budgeted funding of $1,031,780.00 needs to be appropriated to the
proper Capital Projects Fund account.
The City Manager recommended that Council appropriate
$1,031,780.00 in Capital Projects Fund Account No. 008-050-9614-9003,
Regional Radio System Capital Radio Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34126-122198) 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 320.)
Mr. Harris moved the adoption of Ordinance No. 34126-122198.
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.
FIRE DEPARTMENT-CITY PROPERTY: The City Manager
submitted a written report advising that the City of Roanoke owns a
historic building located at 118 Campbell Avenue, S. W.; a fire escape,
10
ACTION:
which is no longer used or needed, is located at the rear of the
building; and the obsolete fire escape which encroaches on adjacent
property owned by Shenandoah Building Associates, L. P. (SBA) needs
to be removed to facilitate future sale of the property.
It was further advised that a permit agreement allowing removal
of the fire escape by the City has been prepared by the City Attorney
and has been executed by the adjacent property owner; a condition of
the permit agreement required by Shenandoah Building Associates
states that the City must indemnify Shenandoah Building Associates
against any damage to their property, property of others, or personal
injury as a result of the City's use of their property in the removal of the
fire escape; and the Building Maintenance Department has solicited
quotes on removing the fire escape and the lowest bid was submitted
by Alan L. Amos, Inc., in the amount of $2,655.00.
The City Manager recommended that he be authorized to execute
the permit agreement containing the indemnification language.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#34127) AN ORDINANCE authorizing the City Manager to
execute a Permit Agreement containing indemnification language to
provide for the removal of a fire escape on the rear portion of the
structure on real property identified by Official Tax Map No. 1011512,
commonly known as 118 Campbell Avenue, S. W.
(For full text of Ordinance, see Ordinance Book No. 61, page 327.)
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.
BUDGET-WATER RESOURCES: The City Manager submitted a
written report advising that the Water Department requested the
assistance of the Office of City Engineer to design and construct a
11
ACTION:
stock metal storage building to house materials and equipment that
should not be stored in the main buildings; the cost of the building
should not exceed $30,000.00; the building is needed primarily for
storage of spare parts for plant equipment; the City Engineer's Office
prepared contract documents and solicited bids from four metal
building dealers and constructors; and R. A. Howard Construction of
Elliston, Virginia, submitted the Iow bid in the amount of $29,950.00.
The City Manager recommended that Council authorize
appropriation of $33,000.00 from the Water Department Retained
Earnings account, to a Capital Account entitled, "Metal Building for
Carvins Cove Water Treatment Plant".
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#34128-122198) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 321.)
Ms. Wyatt moved the adoption of Ordinance No. 34128-122198.
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.
DIRECTOR OF FINANCE:
BUDGET-CITY SHERIFF-PENSIONS: At the request of the
Director of Finance, the Mayor advised that a report with regard to
providing a $159.00 per month supplement to certain retirees of the City
Sheriff's Department would be withdrawn.
REPORTS OF COMMITTEES:
12
BUDGET-BRIDGES: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalf of the
Committee, in connection with bids received by the City for
construction of the Brambleton Avenue Bridge Replacement Project.
It was advised that the City of Roanoke Bridge Inspection
Program identifies replacement and maintenance needs; one bridge
with the highest priority needs to be replaced at Brambleton Avenue
over Murray Run; the project consists of replacing the bridge over
Murray Run on Brambleton Avenue at Fishburn Park; and Brambleton
Avenue traffic will be detoured temporarily into Fishburn Park during
construction.
The Bid Committee recommended that Council take the following
actions:
Authorize the City Manager to execute a unit price
contract, in a form approved by the City Attorney, with
Allegheny Construction Company, Inc., for the Brambleton
Avenue Bridge Replacement Project, in the amount of
$432,046.50 and 120 calendar days for completion of the
work, with a project contingency of $55,000.00 ($11,400.00
is for inspection and construction administration).
Transfer $299,373.00 from the following completed project
accounts to Account No. 008-052-9551-9001, Three Bridge
Replacements:
Wasena Bridge Rehabilitation
Walnut Avenue Bridge Replacement
Jefferson Street Bridge
008-052-9546 $ 73,876.00
008-052-9684 179,308.00
008-062-9698 46,189.00
Appropriate from Bell Atlantic, Inc., $25,477.00 for utility
adjustment; and establish a receivable in the same
amount.
Transfer $162,197.00 from the sale of Series 2000 bonds
Account No. 008-052-9709-9190 to the same account.
13
ACTION:
Adopt a resolution declaring the City's intent to reimburse
itself $162,197.00 from the proceeds of the sale of Series
2000 general obligation bonds; and maximum principal
amount of debt expected to be issued for the Brambleton
Avenue Bridge Replacement Project is $350,000.00
Reject the other bids received by the City.
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.)
Mr. Swain offered the following emergency budget ordinance:
(#34129-122198) 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 322.)
Mr. Swain moved the adoption of Ordinance No. 34129-122198.
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.
Mr. Swain offered the following emergency ordinance:
(#34130-122198) AN ORDINANCE accepting the bid of Allegheny
Construction Company, Inc., for the Brambleton Avenue Bridge
Replacement Project, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 323.)
14
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34130-122198.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
Mr. Swain offered the following resolution:
(#34131-122198) A RESOLUTION declaring the City's intent to
reimburse itself from the proceeds of its general obligation public
improvement bonds authorized to be issued pursuant to Ordinance No.
33497-072197, adopted July 21, 1997, for certain expenditures to be
made in connection with the Brambleton Avenue Bridge Replacement
Project and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 61, page 324.)
Mr. Swain moved the adoption of Resolution No. 34131-122198.
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.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
LICENSES-TELEPHONE EQUIPMENT: Ordinance No. 34105,
authorizing the City Manager to execute on behalf of the City a
Temporary Nonexclusive Revocable License Agreement with Hyperion
Telecommunications of Virginia, Inc., for construction, maintenance
and operation of telecommunications facilities in the City's rights-of-
way, having previously been before the Council for its first reading on
Monday, December 7, 1998, 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:
15
ACTION:
(#34105-122198) AN ORDINANCE authorizing the City Manager
to execute on behalf of the City a Temporary Nonexclusive Revocable
License Agreement with Hyperion Telecommunications of Virginia, Inc.,
for the construction, maintenance, and operation of
telecommunications facilities in the City's rights-of-way.
(For full text of Ordinance, see Ordinance Book No. 61, page 316.)
Mr. Trout moved the adoption of Ordinance No. 34105-122198.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Trout offered
the following resolution appointing Stark H. Jones as a Director of the
Industrial Development Authority of the City of Roanoke, Virginia, for
a term of four years commencing December 7, 1998, and expiring
October 20, 2002:
(#34132-122198) A RESOLUTION appointing a Director of the
Industrial Development Authority of the City of Roanoke, to fill a four (4)
year term on its Board of Directors.
(For full text of Resolution, see Resolution Book No. 61, page 326.)
Mr. Trout moved the adoption of Resolution No. 34132-122198.
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.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
16
BUDGET-COMMUNITY PLANNING: Council Member Swain
inquired as to the status of a previous request by Council Member
Wyatt regarding an update to the City's Comprehensive Land Use Plan;
whereupon, the Director of Public Works, advised that the position of
Chief of Community Planning has not been filled; however, it is
anticipated that the interview process will begin in the near future. He
stated that a major project such as an update to the City's
Comprehensive Land Use Plan would be better served if the position
of Chief of Community Planning has been filled, and the
Comprehensive Plan update will be one of the first projects that the
new Chief of Community Planning will be requested to address.
Council Member Wyatt advised that it has been reported by City
staff that the services of a professional consultant to update the plan
may be necessary and could cost in the range of $150,000.00;
therefore, she requested that the matter be referred to 1999-2000
budget study.
Following discussion, it was the consensus of Council that the
question of funding for an update to the City's Comprehensive Land
Use Plan would be referred to 1999-2000 budget study.
BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that at
a recent meeting of the Mayors' Committee for Persons With
Disabilities, it was reported that a drop-in center for persons with
mental health problems was required to vacate the premises of its
current location. He requested that the City Manager contact
appropriate officials at Blue Ridge Community Services to determine
if the City may render temporary assistance.
ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member
Harris advised that on Monday, December 14, 1998, Council Members
and certain City staff toured the Gilmer/Harrison neighborhood, and
expressed appreciation to those members of Council and City staffwho
participated. He stated that another neighborhood tour will be
scheduled in the spring of 1999.
PARKS AND RECREATION-COUNCIL: Council Member Harris
advised that the Comprehensive Parks and Recreation Master Plan
information gathering stage is about to come to a conclusion and
requested that Council Members be provided with a briefing;
whereupon, the City Clerk was requested to poll the Members of
Council in regard to holding a work session in mid February, 1999.
17
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 3:05 p.m., the Mayor declared the meeting in recess.
At 3:15 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session just concluded,
Mr. Hudson 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. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT:
The Mayor advised that there is a vacancy on the Personnel and
Employment Practices Commission created by the resignation of
James E. Blackwell, Jr., and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of William C. Holland.
There being no further nominations, Mr. Holland was appointed
as a member of the Personnel and Employment Practices Commission,
for a term ending June 30, 2001, by the following vote:
FOR MR. HOLLAND: Council Members White, Wyatt, Harris,
Hudson, Swain, Trout and Mayor Bowers ....................................... 7.
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that there are two vacancies on the Youth Services Citizen Board
created by the resignations of Corinne B. Gott and Elaina Duckett, and
called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the name of Jonathan Katz.
18
ACTION:
Mr. Trout placed in nomination the name of Roland Lovelace, Jr.
There being no further nominations, Mr. Katz was appointed for
a term ending May 31, 2001; and Mr. Lovelace was appointed for a term
ending May 31, 2000 as members of the Youth Services Citizen Board,
by the following vote:
FOR MESSRS. KATZ AND LOVELACE: Council Members White,
Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .................. 7.
At 3:20 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, December 21, 1998, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Vice-
Mayor Harris presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt,
W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Vice-Mayor
C. Nelson Harris .......................................................................... 6.
ABSENT: Mayor David A. Bowers ......................................... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X
Parsons, Assistant City Attorney; James D. Grisso, Director of Finance;
and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Vice-
Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of
America was led by Vice-Mayor Harris.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BILLINGS AND COLLECTIONS-COMPLAINTS: Ms. Linda W.
Easterling, 1044 Morehead Avenue, S. E., addressed Council in
connection with provisions of Ordinance No. 33831-051898 adopted on
May 18, 1998, which established a rate schedule for certain water and
sewer services. She stated that the ordinance is unfair to home owners
and under special circumstances, home owners should not be required
19
to pay a deposit for water and sewer connections. She requested a
refund of the $170.00 deposit and the $30.00 connect fee which she was
required to pay by the Department of Billings and Collections.
(See communication on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
remarks of Ms. Easterling be referred to the Director of Finance for
report to Council.
CITY EMPLOYEES-PENSIONS: Ms. Angela Norman, a City
employee, appeared before Council on behalf of 169 City employees
who are disappointed that their first request to increase the pension
multiplier by five per cent for those employees currently enrolled in the
old Employee's Retirement System was denied. She advised that
employees in the old retirement system are being penalized as opposed
to being offered a window of opportunity to change to the new
retirement plan which is a personal decision with multiple factors that
will impact the employee's life and lifestyle. She pointed out that in a
report to Council dated November 16, 1998, the Director of Finance
emphasized that the one major enhancement to the old retirement
system was made on October 1, 1977, to change vesting from 20 years
to ten years; however, currently, all full time City employees are vested
with five years of services, therefore, that particular enhancement, over
20 years ago, is now nullified. She stated that the disparity that is
being allowed and supported between the three tiers of City employees
must be rectified and pointed out that the community and some City
employees were led to believe, due to an erroneous newspaper report,
that all City employees would receive the five per cent retirement
multiplier. She asked that Council reconsider her previous request to
increase the pension multiplier by five per cent for those 169
employees in the Employees' Retirement System (old system) based on
equality for all City employees. She stated that the request is
applicable to a small number of employees and involves a small
amount of funds and in view of the fact that thers are millions of dollars
in the retirement account, there is no valid reason to deny the request.
(See statement on file in the City Clerk's Office.)
Inasmuch as the Director of Finance had previously responded
to the request of Ms. Norman by report dated November 16, 1998, the
Vice-Mayor advised that Ms. Norman's remarks would be received and
filed.
2O
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, December 21, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of JJ & T
Partnership to amend a condition proffered in conjunction with
Ordinance No. 33012-070196 adopted on July 1, 1996, to rezone a tract
of land lying on the southerly side of Campbell Avenue, S. E., bearing
Official Tax No. 4011103, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, December 3 and Thursday,
December 10, 1998, and in the Roanoke Tribune on Thursday,
December 10, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request to amend the proffered condition to rezoning is
to provide for use of a second building on the site which formerly was
used as a convenience store (Spur Station), was before Council.
It was further advised that the original rezoning addressed two
parcels of land; however, proffers applied to only one of the parcels,
Official Tax No. 4011103, which is the subject of the current petition;
rather than continuing the existing legal, non-conforming use, which
could have included cosmetic and safety upgrades to the property, the
petitioner sought to rezone the property in order to construct a new
convenience store; the petitioner requested to rezone the property to
C-3, Central Business District, in order to construct a new building for
use as a neighborhood convenience store and to continue the use of
the gasoline islands as a non-conforming use; to make the proposed
use as harmonious as possible with the C-3, Central Business District,
the petitioner proffered that there would be only one permitted use on
the property and when the new convenience store is built and
occupied, the former Spur Station would be used for storage only or
removed from the site.
The City Planning Commission recommended that Council
approve the requested repeal of proffer and substitution of the new
proffer with amendments as agreed to by the petitioner's attorney.
21
(For full text, see report on file in the City Clerk's Office.)
Alton B. Prillaman, Attorney, appeared before Council in support
of the request of his client.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34133) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of
the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional
1976 Zone Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally zoned
C-3, Central Business District.
(For full text of Ordinance, see Ordinance Book No. 61, page 327.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34133 was adopted, on its first reading, by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, December 21, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke Redevelopment and Housing Authority to rezone a tract of
land located on the east side of Kimball Avenue, N. E., bearing Official
Tax No. 3030101, from HM, Heavy Manufacturing District, to LM, Light
Manufacturing District, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, December 3 and Thursday,
December 10, 1998, and in the Roanoke Tribune on Thursday,
December 10, 1998.
22
ACTION:
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that copy of
the Planning Commission's report on the above matter was revised to
correct a typographical error in the tax number of the property
requested for rezoning; due to an error in the public notice and
ordinance prepared for Council which referred to the wrong tax
number, Council has not technically acted on the City Planning
Commission's report and recommendation previously referred to
Council for action on October 19, 1998; and because of the error, the
rezoning had to be readvertised for public hearing and a hearing must
be held pursuant to the revised public notice, was before Council.
The City Planning Commission requested that Council take
formal action on the matter and approve the applicant's request to
rezone the subject property, as recommended by the City Planning
Commission.
A further report of the City Planning Commission advising that
the Roanoke Redevelopment and Housing Authority (RRHA) states that
it has owned and attempted to sell property described as Official Tax
No. 3030101 under its present HM, Heavy Manufacturing District, zoning
classification for over 25 years without success; and the Housing
Authority has recently reached a tentative agreement of sale with an
adjacent landowner, Shively Electric Company, owner of the parcel of
land (3030201) which lies adjacent to the southerly boundary of the
undeveloped section of McDowell Avenue, N. W., was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Fred A. Johnson, III, Director of Development, Roanoke
Redevelopment and Housing Authority, appeared before Council in
support of the request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
23
(#34134) AN ORDINANCE repealing Ordinance No. 34057-110298,
and amending §36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 303, 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 329.)
The motion was seconded by Mr. Swain.
The Vice-Mayor inquired if there were persons present who
would like to address Council with regard to the request for rezoning.
There being none, Ordinance No. 34134 was adopted, on its first
reading, by the following vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, December 21, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City
Planning Commission to rezone 15 parcels of land located in the 1700
block of Loudon Avenue, N. W., Official Tax Nos 2211901 - 2211907,
inclusive, and 2211312 - 2211319, inclusive, from LM, Light
Manufacturing District, to RM-1, Residential Multifamily, Low Density
District, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, December 3 and Thursday,
December 10, 1998, and in the Roanoke Tribune on Thursday,
December 10, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purposes of the request for rezoning are to promote the intent of the
City's Comprehensive Plan and zoning regulations and to further
general welfare and good zoning practices by making the existing use
of the subject properties consistent with the proper zoning category,
24
ACTION:
ensuring that the subject properties will be used in the future in a
manner that will not negatively impact adjoining properties, and
facilitating preservation of and improvements to the neighborhood, was
before Council.
The City Planning Commission recommended that Council
approve the proposed rezoning, advising that the area proposed to be
rezoned is a viable residential neighborhood, the neighborhood not
only would be conserved but also improved through implementation of
a community revitalization project by Blue Ridge Housing Development
Corporation, and affordable new housing which is sensitive to existing
neighborhood character would result.
(For full text, see report on file in the City Clerk's Office.)
Evelyn S. Lander, Agent, City Planning Commission, appeared
before Council in support of the request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34135) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 221, 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 330.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 34135 was adopted, on its first reading, by the
following vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
25
CITY PROPERTY-INDUSTRIES: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, December 21, 1998, at 7:00
p.m., or as soon thereafter as the matter may be heard, on the request
of the City of Roanoke to consider conveyance of real estate identified
as a portion of Official Tax No. 1010310 commonly known as a track of
land located at the northwest corner of Norfolk Avenue and First Street,
the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, December 13, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Manager advising that the matter relates to
an economic development project adjacent to the proposed Railside
Linear Walk that Council was briefed on at the December 7, 1998
meeting; and it is anticipated that a measure will be brought to Council
for consideration and action in January, 1999, at which time a formal
agreement between the City and the developer will have been
negotiated.
(For full text, see report on file in the City Clerk's Office.)
The Vice-Mayor advised that the public hearing does not require
any action on the part of Council this evening, but is being held to
satisfy a statutory requirement of the General Assembly that any time
the City considers selling real estate, a public hearing must be held
prior to Council's formal consideration of a contract. He stated that
there is no formal contract before the Council at this time and the
public hearing is being held to receive the views of citizens.
Mr. James Leonard, 1935 Hope Road, S. W., advised that he has
a vested interest in the matter because he owns one of the buildings
located along warehouse row. He expressed concern with regard to
conducting a public hearing based on a newspaper article, and stated
that he has not had an opportunity to review the contract, therefore, he
does not know the appropriate questions to raise. He requested that
action on the matter be deferred until the next regular meeting of
Council on Monday, January 4, 1999.
26
The Assistant City Attorney was requested to provide
clarification with regard to the requirement for the public hearing;
whereupon, he advised that by virtue of an amendment to the Code of
Virginia, 1950, as amended, Section 15.2-1800 was enacted in 1997
which requires that a City Council must hold a public hearing pursuant
to public notice when the governing body is considering the
disposition of real property. He stated that there is no requirement that
the formality of the contract, etc., be included in the public notice, the
only requirement being that the public hearing will be held. He further
stated that no formal action is requested of the Council this evening
and the public hearing provides an opportunity for citizens to be heard
on the proposed transaction and if a formal contract is presented,
citizens will have an opportunity to be heard.
E. Douglas Chittum, Economic Development Specialist, advised
that it is anticipated that a negotiated contract will be submitted to
Council in approximately 30 - 45 days inasmuch as certain
technicalities have not been resolved.
The Vice-Mayor invited Mr. Leonard to ask questions of City staff;
whereupon, Mr. Leonard requested a summary of the salient facts.
Mr. Chittum explained that within the past year the City
purchased a small parcel of land on the corner of Norfolk Avenue and
First Street in regard to construction of the railside linear walkway; and
approximately one month ago, the Economic Development Department
was approached by a local developer, Sam Lionberger, III, who is
negotiating to purchase an adjoining warehouse and develop the
structure for relocation of a downtown company, DSC, Inc. He stated
that there have been newspaper articles regarding the project that
resulted from the legal advertisement for the public hearing. He
explained that there have been negotiations with Mr. Lionberger that
the City sell approximately 1000 square feet, fee simple land and air
rights easement across the parcel of land for the purpose of
constructing an addition to the warehouse that DSC, Inc. wishes to
develop.
Mr. Leonard read the following excerpt from a communication
from the City Manager addressed to Council under date of
December 21, 1998, as follows: "Currently, negotiations between the
developer and the tenant and the City's Architectural Review Board are
very sensitive. Therefore, I suggest that comments and discussion
related to this exciting project be reserved for the future meeting where
27
your action will be required to make this project a reality." Mr. Leonard
advised that the City Manager's statement does not appear to be in the
spirit of a public hearing.
Mr. Robert Zimmerman, 912 Salem Avenue, S. W., advised that
as a property owner along this highly publicized piece of land, he was
disappointed that he was not notified of the proposal. He stated that
property owners in the area would like to have additional land for
parking; and in this instance, it appears that property might be sold to
one individual, but not offered for sale to other property owners. He
requested that he be kept informed as to the future progress of the
matter.
The Vice-Mayor requested that Mr. Leonard and Mr. Zimmerman
be notified as to any proposed future action by Council.
OTHER HEARING OF CITIZENS:
CITY EMPLOYEES-PENSIONS: Mr. Wilbur Drewery, a former City
employee, having previously withdrawn his request to address Council
with regard to health insurance benefits for City retirees, he appeared
before the body and advised that he would resubmit his request to
address the matter after January 1, 1999.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 7:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
28
April 5, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: Request for Executive Session
This is to request that Council convene in Executive Session to discuss and
consider the appointment of a specific public officer in accordance with §2.1-344.A. 1, Code
of Virginia (1950), as amended.
Sincerely,
erbert
City Manager
WRH:ca
cc: William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
April 5, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
Mayor
DAB:se
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540)853-2444
FAX: (540) 853-1145
April 5, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session to discuss a personnel matter, specifically review
and consideration of applications received for the position of City Attorney for the City of
Roanoke, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended.
Sincerely,
David A. Bowers
Mayor
DAB:se
WILBURN C. DIBLING, JR.
CITY A'ITORN EY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDIN~,~
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 2401!-1595
TELEPHONE: 540-853-2431
FACSIMILE: 540-853-1221
E-MAIL:cityatty @ci.roanoke.va.us
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATrORNEYS
April 5, 1999
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mayor Bowers and Members of Council:
This letter is to request that Council convene in Executive Session for the purpose of
discussing and considering a matter of actual litigation, specifically litigation brought against the
City by a former employee, pursuant to §2.1-344.A.7., Code of Virginia (1950), as amended.
WXP/lsc
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
Sincerely yours,
William X Parsons
Acting City Attorney
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1999
File #15-110-488
Charles W. Hancock, Chair
Roanoke Neighborhood Partnership
Steering Committee
1016 Estates Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Hancock:
This is to advise you that on February 26, 1999, S. Elaina Loritts qualified as a member of
the Roanoke Neighborhood Partnership Steering Committee for a term ending November
30, 2001.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc: Elizabeth A. Watson, Secretary, Roanoke Neighborhood
Committee
Sandra H. Eakin, Deputy City Clerk
Partnership Steering
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, S. Elaina Loritts, 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 Neighborhood Partnership Steering Committee for a
term ending November 30, 2001, according to the best of my ability. So help me God.
Subscribed and sworn to before me this~./., day of -Z'~'z-~ . 1999.
ARTHUR B. CRUSH, III, CLERK
, DEPUTYCLERK
H:LA. GENDA99~FEB 16.WPD
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1999
File #15-70-110
Michael K. Quinn, Chair
Board of Fire Appeals
3815 Topping Hill Drive, S. W.
Roanoke, Virginia 24018
Dear Mr. Quinn:
This is to advise you that on March 12, 1999, John C. Moody, Jr., qualified as a member
of the Board of Fire Appeals for a term ending June 30, 2002.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc: Sandra H. Eakin, Secretary, Board of Fire Appeals
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, John C. Moody, Jr., do solemnly swear (or affirm) that I will suppo~he
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 Fire Appeals for a term ending June
30, 2002, according to the best of my ability. So help me God.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
H:'xAGENDA99~MAR 1 .WPD
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William X Parsons, 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 Acting City Attorney, effective April 1, 1999, 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
, D~la~l~ CLERK
N:\CKLOI\OATHI.WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 7, 1999
File #5-304
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie
Acting City Manager
Roanoke, Virginia
William X Parsons
Acting City Attorney
Roanoke, Virginia
Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
April 5, 1999, Council Member Swain requested a response to his previous inquiry of
December 7, 1998, as to why the City's curfew ordinance is not strictly enforced. The
matter was referred to the Acting City Manager and the Acting City Attorney for report to
Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
George C. Snead, Jr., Director, Public Safety
A. L. Gaskins, Chief of Police
H:XAGENDA99~PRS,WT'D
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-I145
March 15, 1999
Ms. Mary F. Parker
City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
Dear Ms. Parker:
Please reserve under "Petitions and Communications" at the City
Council meeting on Monday, April 5, 1999, at 2:00 p.m. time for a
presentation and 12-minute video for Christmas in April*Roanoke.
I would appreciate you allotting 15 minutes for this presentation.
Sincerely,
Mayor
DAB: jsj
pc:
Mr. John Cotton Richmond, Attorney-at-Law, Woods Rogers &
Hazlegrove PLC, 10 S. Jefferson Street, Roanoke, Virginia
24011
Rev. Todd Meyer, 344 Day Avenue, Roanoke, Virginia 24016
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1999
File #9-60
Jacqueline L. Shuck, Executive Director
Roanoke Regional Airport Commission
5202 Aviation Drive, N. W.
Roanoke, Virginia 24012-1148
Dear Ms. Shuck:
I am enclosing copy of Resolution No. 34218-040599 approving the Roanoke Regional
^irport Commission's 1999-2000 proposed operating and capital budget. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
Mary H. Allen, Clerk to the Board of Supervisors, Roanoke County, P. O. Box
29800, Roanoke, Virginia 24018-0798
Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission,
5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34218-040599.
A RESOLUTION approving the Roanoke Regional Airport Commission's 1999-2000
proposed operating and capital budget upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the
requirements of the Roanoke Regional Airport Commission Act, as amended by the General
Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional
Airport Commission Contract dated January 28, 1987, as amended by First Amendment,
dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's
1999-2000 proposed operating and capital budget, as well as a separate listing of certain
proposed capital expenditures, as more particularly set forth in a report from the Commission
to this Council, dated March 10, 1999.
ATTEST:
City Clerk.
Roanoke Regional Airport Commission
5E72 Aviation Drive
Roanoke, Virginia 24012-1148
(540) 362-1999
FAX (540) 563-4838
March 10, 1999
Honorable Mayor and Members
Roanoke City Council
215 Church Avenue, SW
Roanoke, Virginia 24011
Re:
Roanoke Regional Airport Commission Fiscal Year 1999-
2000 Budget and Proposed Capital Expenditures
Dear Mayor Bowers and Members of Council:
In accordance with the requirements of the Roanoke Regional Airport Commission Act,
and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended,
submitted for your approval is the Airport Commission's 1999-2000 proposed Operating and
Capital Purchase Budget (Attachment I), as well as a separate listing of a proposed capital
expenditure (Attachment II) which is expected to exceed $100,000 and is intended to benefit five
or more future accounting periods. This budget was adopted by the Commission at its March 10,
1999 meeting.
The Commission has been advised by bond counsel that formal approval of the budget by
resolution of each of the participating political subdivisions would be appropriate. The capital
expenditure list also requires formal approval.
I will be pleased to respond to any questions or comments that you may have with regard
to this matter. On behalf of the Commission, thank you very much for your help and cooperation.
Jacqueline L. Shuck
Executive Director
Enclosures
cc: Chairman and Members, Roanoke Regional Airport Commission
Mark Allan Williams, General Counsel, Roanoke Regional Airport
Wilburn C. Dibling, Roanoke City Attorney
Mary F. Parker, Clerk, Roanoke City Council
csp030299.h
Cornm\99councn.ltr
Commission
11-Mar-99 ATTACHMENT I
I~OANrOK. I- HI--(31ONAL AIRPOH]
FOR YEAR 1999-2000 BUDGET
CommBudg99-2000
1998-99 Budgeted 1999-2000 Budgeted
EXPENSE BUDGET Expenditures Expenditures
1. Operations and Maintenance Expenses
A. Salaries, Wages and Benefits $1,825,253 $2,087,306
B. Operating Expenditures 2,074,009 2,131,024
C. Other Maintenance Projects 196,100 171,300
Total Operations and Maintenance 4,095,362 4,389,630
2. Non-Operating Expenses
A. Interest 503,511 284,234
B. Debt Service 339,032 429,032
Total Non-Operating 842,543 713,266
3. Capital Expenses
A. Capital Projects and Purchases 101,390 147,200
B. Multi-Year Projects 168,500 244,756
Total Capital Expenses 269,890 391,956
Total Budgeted Expenditures $5,207,795 $5,494,852
1998-99 Budgeted 1999-2000 Projected
REVENUE PROJECTIONS Revenues Revenues
1...Operating Revenues
A. Airfield $1,127,324 $1,087,638
B. General Aviation 132,195 152,669
C. Terminal Related 3,949,914 4,010,267
D. Other Revenues 228,023 310,447
Total Projected Operating Revenues 5,437,456 5,561,021
2. Non-Operating Revenues
A. Interest from Debt Service 48,000 35,000
B. Interest on Investments 370,000 390,000
Total Projected Non-Operating Revenues 418,000 425,000
Total Projected Revenue $5,855,456 $5,986,021
Projects
Ao
ATTACHMENTII
Proposed Capital Expenditures
(For projects expected to exceed $100,000 in
cost and intended to benefit five or more accounting periods)
Relocate/Rehabilitate Taxiway A
Description: Relocate the north and south ends of Taxiway A and
overlay center section.
2. Justification.:
Taxiway A is located too close to Runway 15/33 to meet
current separation standards established by the FAA;
therefore, the north and south ends of this primary
taxiway will be relocated to a site which is 400 feet away
from the centerline of the runway. The center section,
which cannot be relocated until the former terminal
building is demolished, requires an overlay in order to
maintain its safety for three-five years.
Estimated Cost:
$5,550,000
Rehabilitate Hangar Building//4
Description: Remove asbestos, repair roof and replace hangar floor and
adjoining ramp.
2. Justification:
The large maintenance hangar formerly occupied by US
Airways has not received substantial improvements since
it was constructed in the 1960's. In order to prepare the
hangar for a new tenant and to extend the useful life of
this important facility, it is critical that the concrete ramp
and floor be replaced with a much thicker concrete, and
that all joints be resealed. A small amount of asbestos
needs to be removed and relatively limited roof repairs
performed.
Co
Estimated Cost: $640,000
Construct Lower Level Holdroom
1. Description: Construct holdroom/gate for regional carriers at the ramp
level.
2. Justification:
In order to assist some passengers flying on aircraft which
are not boarded using a jetbridge, a lower level
holdroom/gate will be constructed below current gate #'s
1 and 2. The gate will be accessed via an escalator which
will be part of the project, and an elevator which is
already in existence.
Estimated Cost: $650,000
Purchase Snow Removal Equipment:
Description: Purchase snow blower and large rubber wheeled front-end
loader.
2. Justification:
In order to remove snow from the runways, ramps and
taxiways timely and efficiently, the Commission staff
requires a front end loader and a second snow blower.
These purchases are expected to complete the
Commission's snow removal acquisition program which
was begun in 1993.
II.
Anticipated Funding Sources:
Federal AIP Grant Funds
State Aviation Grant Funds
Commission Funds
Passenger Facility Charge
City and County Funds
Estimated Cost:
$350,000
$4,164,000
1,451,000
925,000
650,000
-0-
Estimated Total Projects Funding $7,190,000
RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION
Adopted this 10th day of March 1999
No. 07-031099
A RESOLUTION approving and adopting the Commission's Operating and Capital
Purchase Budget for fiscal year 1999-2000.
BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year
1999-2000 Operating and Capital Purchase Budget for the Commission as set forth in the
report and accompanying attachment by the Executive Director dated March 10, 1999, is
hereby approved;
BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of
the Commission to submit the fiscal year 1999-2000 Operating and Capital Purchase Budget,
as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the
Roanoke County Board of Superv~.sors for approval pursuant to the contract between the
Commission, Roanoke City and Roanoke County dated January 28, 1987, as amended.
ATTEST:
Report No. 99-330
April 5, 1999
Honorable Mayor and City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Electrical Rate Negotiations
I. Background:
Current three (3) year agreement between the City, as well as other
southwestern Virginia jurisdictions, expires on June 30, 1999. That
agreement may be extended on a year to year basis unless either party
gives a 90-day notice before the end of any term that that party wishes to
re-negotiate the electrical rates.
Bo
Annual expenditures for electricity by the City of Roanoke are
approximately $3,800,000.
Co
Steering Committee (Committee) formed jointly by the Virginia Municipal
League and the Virginia Association of Counties met on March 10, 1999,
to review our agreement options and the status of electrical rate
deregulation. Kit Kiser represented the City at the Committee meeting.
Committee voted to give American Electric Power (AEP) the 90-day notice
that we wanted to open negotiations.
Deregulation proceedings have been initiated by SB 1269, a copy and
summary of which are attached. Of the three parts of the cost of electric
service, e.g. generation, transmission, and distribution, only generation is
being deregulated and that will not occur until during 2002 or as late as
2005.
II. Current situation:
The Committee also agreed to continue to use the legal counsels of the
Virginia Municipal League (VML) and the Virginia Association of Counties
(VACO) and, through legal counsel, to engage the services of a rate
expert.
VML and VACO will estimate the expenses of the negotiations and submit
a letter request to each jurisdiction for an appropriation to pay each
Honorable Mayor and City Council
April 5, 1999
Page 2
jurisdiction's pmrata share (based on electrical usage) of the negotiations.
The City's share in the 1996-97 negotiations was $23,086.00. That
request for funding will be presented to City Council once it is received.
Co
The next Committee meetinq is scheduled for May 19, 1999, which is after
the rate expert and legal counsel have met with AEP representatives.
This is for City Council's information.
Respectfully submitted,
_ _W~_o_bert Herbert
City Manager
WRH:KBK:afm
Attachments
SB 1269 - Virginia Electric Utility Restructuring Act
Required SCC Proceedings
1) § 56-579 SCC develops rules trader which incumbents may Prior to 1/1/01
join regional transmission entity (RTE); also, rules
establishing the necessary elements of RTEs.
2) § 56-579 Each incumbent must obtain SCC approval prior to By 1/1/01
joining RTE.
3) § 56-577 SCC rules to establish the transition to customer Prior to 1/1/02
choice by class and percentage of class.
4) § 56-578(B)
SCC shall establish rates, terms and conditions for
distribution service under Chapter 10.
5) § 56-578(C)
SCC shall establish interconnection standards to
ensure transmission and distribution safety and
reliability. Such standards shall seek to prevent
barriers to new technolobny.
6) § 56-578(D)
SCC shall consider developing expedited permitting
processes for small generators.
7) § 56-578(G)
If SCC determines (following a heating) that a
person is able to exert market power over the sale of
electricity within a transmission constrained area,
SCC may regulate such person's rates within that
transmission - constrained area.
8) § 56-580(C)
SCC to develop codes of conduct for incumbents and
their affiliates to prevent impairment of competition.
9) § 56-582
SCC establishes capped rates for each incumbent
utility for its service territory for:
Prior to 1/1/01
1) brindled electric transmission, distribution and
generator services;
2) generation services only.
.............. _ ature of Proceedin ..... . .... .
Some incumbent utilities may file a rate case prior to
1/1/Ol.
10) § 56-583
11) § 56-583(D)
12) § 56-585
SCC shall establish a "wires charge" for each
incumbent to be paid by any customer exercising
"customer choice." (SCC may adjust charge
annually.)
By date of
"customer choice"
13) § 56-585(D)
14) § 56-587
15) § 56-588
16) § 56-590
17) § 56-590(C)
SCC will establish rules under which supplier may
pay wires charge for a customer.
SCC shall determine components of default service
and provisions for such. SCC shall designate the
9roviders for default servi~-,e. SCC shall determine
rates, terms and condition~-for such service.
SCC shall determine whether default service needs
to continue.
SCC shall develop regulations for the licensure of
electric energy suppliers and rules for obtaining,
retaining and reviewing a license. [Supplier must
obtain license on or after I/I/02]
SCC shall develop regulations for person seeking to
aggregate electric energy after 1/1/02 to obtain
license and rules for obtaining, retaining and
renewing a license.
By date of "customer
choice" for all
(i.e. 1/1/04 or 1/1/0~
By 7/I/04 and annually
thereafter (Report to
G.A. due 12/1/04 and
annually thereafteO
Prior to 1/1/02
Prior to I/1/02
SCC shall direct functional separation of generation,
retail transmission and distribution assets for each
incumbent electric utility. Incumbent shall submit a
plan for such to the SCC by 1/1/01.
SCC shall develop regulations for activities and
codes of conduct between functionally separate units
that will promote effective competition.
By 1/1/02
18) § 56-590 Neither a "covered entity" nor an affiliate thereof
may be a party to a "covered transaction" without
prior approval of the Commission.
19) § 56-592
20) § 56-594
SCC shall develop regulations governing marketing
practices by public service companies, licensed
suppliers and aggregators including billing formats.
SCC shall establish a program which affords
"eligible customer-generators,, the opportunity to
participate in "net energy metering."
By 7/1/00
0504906.01
3/9/99
3
Bill Tracking o 1999 session Page 1 of 4
SB 1269 Virginia Electric Utility Restructuring Act.
Patron-Thomas K. Norment, Jr.
Summary as passed Senate:
Virginia Electric Utility Restructuring Act. Restructures Virginia's electric utility industry. The bill
deregulates the generation component of electric service, eventually permitting all Virginia electricity
customers to purchase generation service from the provider of their choice. Cus, tgmer choice of
generation suppliers will be phased in, b~be~,innine_in 2002 to be completed by 2004. The Virginia State
Corporation Commission (SCC) can delay this schedule's implementation-but not beyond 2005-based
on considerations of reliability, safety and market power. Transmission and distribution will remain
regulated services, with transmission regulated principally by the Federal Energy Regulatory
Commission (FERC), and distribution by the Virginia State Corporation Commission. Electric utilities
will retain ownership and control over their current transmission systems and distribution service
territories. Additionally, electric utilities are required to join or establish regional transmission entities
which will manage and control their transmission assets, by 2001.
During the transition from fully regulated electricity prices to generation customer choice, capped
rates for electricity service will be in effect during the period 2001 through 2007. Capped rates fall
into two categories: (i) comprehensive, or "bundled" rates for generation, transmission and
distribution, and (ii) rates for "unbundled" generation services only. The rates will be established on
the basis of (i) utilities' rates in effect on July 1, 1999, or (ii) rates established through utility rate cases
filed before January 1, 2001 by utilities not currently bound by any rate case settlements with the SCC.
During the capped-rate period, the SCC may adjust these rates to reflect changes in fuel costs, taxes,
or utilities' financial distress beyond their control. The SCC is also authorized, after 2004, to terminate
capped rates in an electric utility's former service territory. Such termination must follow a finding that
there is effective competition for generation services within that service territory.
Customers who purchase generation services from alternate generation suppliers (suppliers other than
the incumbent electric utilities furnishing electric service to these customers prior to restructuring),
during the capped-rate period, may be required to pay a usage-based surcharge, or "wires charge."
This charge will cover these "shopping customers'" pro rata share of incumbent utilities' potential
losses, if any, resulting from market-based generation prices that are lower than the capped generation
rates. The wires charge will also cover the shopping customers' pro rata share of any costs incurred by
these customers' former electric utilities as part of their transition to a competitive market for
generation services (and determined by the SCC to be just and reasonable). However, the combination
of wires charges together with (i) the unbundled charges for transmission and distribution services,
and (ii) projected market prices for generation cannot exceed the capped rate for bundled electric
service in effect for each utility during the capped-rate period. The bill stipulates that it is through
capped rates or wires charges that Virginia's electric utilities will recover their just and reasonable net
"stranded costs," if any, that exceed zero value in total.
Customers who are either unable or unwilling to shop for alternative generation suppliers are entitled
to receive bundled electric service from "default" providers. Default service would be available after
customer choice is available for all customers (as early as 2004, but no later than 2005). The bill
requires the SCC to designate default service providers in all of the incumbent utilities' former service
territories. These providers may be designated from among incumbent utilities or from among other
suppliers willing to provide one or more components of default service. Rates charged for default
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Bill Tracking - 1999 session Page 2 of 4
generation service will be established by the SCC. On and after July 1, 2004, the SCC is required to
annually determine whether default service can be eliminated for particular customers, customer
classes, or in particular geographic areas of the Commonwealth. The SCC's findings are to be reported
annually to the Legislative Transition Task Force.
The bill establishes licensing procedures for all persons and entities proposing to furnish competitive
generation services in Virginia, either as suppliers or as aggregators. The legislation directs the
Virginia State Corporation Commission to establish licensing criteria for both suppliers and
aggregators, including requirements concerning (i) technical capabilities, (ii) access to generation and
generation reserves, and (iii) adherence to market standards. Additionally, the SCC is directed to
establish a reasonable period in which retail customers may cancel, without penalty or cost, any
contract for services entered into with licensed suppliers or aggregators. The bill permits local
governments and other political subdivisions of the Commonwealth to aggregate (i) the electrical load
of governmental installations and facilities, and (ii) the energy load of residential, commercial and
industrial retail customers within their boundaries on a voluntary, opt-in basis. The Commonwealth is
also permitted to aggregate its governmental load.
The bill states that the SCC may not require any incumbent electric utility to divest itself of any
generation, transmission or distribution assets as part of the restructuring process. However, these
utilities are directed to functionally separate generation, retail transmission and distribution by January
1, 2002, with plans for that purpose to be submitted to the SCC by January 1, 2001. Additionally, the
SCC is directed to develop rules and regulations governing conduct between these functionally
separate units to prohibit cost-shifting and cross-subsidies between them, and to prohibit them from
engaging in discriminatory behavior toward nonaffiliated units. The SCC is also provided review
authority concerning any proposed mergers, acquisitions, consolidations or other transfers of control
over providers of noncompetitive electric services. However, such authority does not extend to such
transactions involving providers of default service. The bill also provides that its provisions are not to
be construed as exempting or immunizing from punishment conduct violative of federal or state
antitrust laws.
A customer education program, preparing consumers for the transition to a restructured market is
addressed by the bill. The SCC is directed to develop a comprehensive program addressing such issues
as customers' rights and obligations in the purchase of electricity, and marketing and billing
information. The SCC will present its findings and recommendations to the Legislative Transition Task
Force on or before December 1, 1999 with particular emphasis on such a program's scope and on its
funding. The SCC is also directed to develop regulations governing marketing practices, with
particular emphasis on regulations addressing unauthorized switching of suppliers and improper
solicitation activities. Standards for marketing and billing information will also be developed by the
SCC through regulations.
The SCC is directed by this bill to establish or maintain a complaint bureau to receive and investigate
complaints by retail customers against public service companies, licensed suppliers and aggregators,
and other providers of competitive services. The SCC may enjoin or punish any violations of the
provisions of this bill, pursuant to its existing authority. The Attorney General is authorized to
participate in any such proceedings. Additional remedies available to electricity customers include a
private right of action designed to provide compensation for customer losses resulting from (i)
violations of the marketing regulations developed by the SCC pursuant to this bill, or (ii) other
deceptive or fraudulent practices. Customers can initiate civil actions to recover their actual damages
or $500, whichever is greater. In the case of willful violations, customers may recover treble damages.
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Bill Tracking - 1999 session Page 3 of 4
A Legislative Transition Task Force is established by the bill to monitor the work of the SCC in
implementing the restructuring of Virginia's electricity market. During its tenure (July 1, 1999 through
July 1, 2005), the task force (composed often legislators-six from the House of Delegates and four
from the Senate) will also examine several specific issues, including utility worker protection, energy
assistance programs for low-income households, energy efficiency and renewable energy programs,
and the reliability of generation, transmission and distribution systems. The task force will make annual
reports to the Governor and General Assembly, and it will be assisted in its efforts by a seventeen-
member Consumer Advisory Board.
Other provisions in the bill (i) authorize the SCC to conduct retail customer choice pilot programs (ii)
exempt municipal power systems from retail competition unless the municipalities operating them (a)
elect to permit it, or (b) compete for electric customers outside the service territories currently served
by such systems, (iii) permit electric cooperatives to furnish default service in their current service
territories unless they seek to provide default service in the former service territories of other electric
utilities, (iv) permit the SCC to adjust generation rates within transmission-constrained areas to the
extent necessary to protect customers from the effects of market power, (v) eliminate the use of
eminent domain in conjunction with generation facilities constructed on and after January 1, 2002, (vi)
require the SCC to submit annual reports on the potential for future competition in metering, billing
and other electric services not made competitive by this bill, and (vii) permit customer-generators who
are self-generating with solar, wind or hydro electrical generating systems to employ "net metering"
equipment-subject to capacity restrictions and the provisions of regulations to be developed by the
SCC.
Full text:
01/21/99 Senate: Presented & ordered printed 99474772'?.
02/08/99 Senate: Committee substitute printed 994807722-S 1
02/19/99 House: Committee substitute printed 994828722~H1
03/05/99 Senate: Em-olled bill text (SB 1269ER'~
Amendments:
House amendmer_~ts
Status:
01/21/99 Senate:
01./2 ~'
1: 99 Senate:
Presented & ordered printed 994747722
Referred to Committee on Commerce and Labor
02/08/99 Senate: Committee substitute printed 994807722-S 1
02/08/99 Senate: Reported from C. & L. ~vith substitute (13-Y 1-N l-A)
02/09/99 Senate: Constitutional reading dispensed (39-Y 0-N)
02/09/99 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
02/09/99 Senate:
02/09/99 Senate:
02/09/99 Senate:
02/09/99 Senate:
02/09/99 Senate:
02/09/99
Read second time
Reading of substitute waived
Committee substitute agreed to 994807722-S 1
Engrossed by Senate - comm. sub. 994807722-S 1
Constitutional reading dispensed (36-Y 1-N 3-A)
Senate: VOTE: CONST. RDG. iDISPENSED (36-Y 1-N 3-A)
02/09/99 Senate:
02/09/99 Senate:
02/09/99 Senate:
Passed Senate (33-Y 4-N 3-A)
VOTE: PASSAGE (33-Y 4-N 3-A)
Communicated to House
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Bill Tracking - 1999 session Page 4 of 4
02/12/99 House:
02/15/99 House:
02/15/99 House:
02/19/99 House:
02/23/99 House:
02/23/99 House:
02/24/99 House:
02/24/99 House:
02/24/99 House:
02/24/99 House:
02/24/99 House:
02/24/99 House:
02/24/99 House:
02/24/99 House:
02/24/99 House:
02/24/99 'House:
02/24/99 House:
02/24/99 House:
02/24/99 House:
02/25/99 Senate:
02/25/99 Senate:
012/25/99 Senate:
Placed on Calendar
Read first time
Referred to Comnfittee on Corporations, Insurance & Banking
Committee substitute printed 994828722-H1
Reported fi'om C. I. B. w/sub. (22-Y 4-N)
Read second time
Read third time
Committee substitute agreed to 994828722-H1
Engrossed by House - com. sub. 994828722-H1
Pending question ordered
Amendments by Mr. Cantor agreed to (69-Y 30-N)
VOTE: ADOPTION (69-Y 30-N)
Amendments by Mr. Cantor reconsidered
Amendments by Mr. Cantor agreed to (70-Y 28-N)
VOTE: ADOPTION g2 (70-Y 28-N)
Amendment by Mr. Griffith agreed to
Pending question ordered
Passed House with sub. with amendments (77-Y 23-N)
VOTE: PASSAGE (77-Y 23-N)
Reading of substitute w/amds, waived
House sub. w/amds, agreed to by Senate (33-Y 4-N 3-A)
VOTE: CONCUR ttOUSE SUB. W/AMDS. (33-Y 4-N 3-A)
03/05/99 Senate: Enrolled bill text (SB 1269ER)
Go to (General Assembly ttome) or (Bills and Resolutions)
http://leg 1. state.va.us/cgi-bin/legp504.exe?ses=991 &typ=bil&val=sb 1269 3/9/99
1999 SESSION
ENROLLED
1 VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
2 An Act to amend the Code of Virginia by adding in Title 56 a chapter numbered 23, consisting of
3 sections numbered 56-576 through 56-595, relating to the Virginia Electric Utility Restructuring
4 Act.
5 IS 12691
6 Approved
7 Be it enacted by the General Assembly of Virginia:
8 1. That the Code of Virginia is amended by adding in Title 56 a chapter numbered 23,
9 consisting of sections numbered 56-576 through 56-595, as follows:
10 CHAPTER 23.
11 VIRGINIA ELECTRIC UTILITY RESTRUCTURING A CT.
12 § 56-576. Definitions.
13 As used in this chapter:
14 "Affiliate" means any person that controls, is controlled by, or is under common control with an
15 electric utility.
16 ''Aggregator" means a person licensed by the Commission that purchases or arranges for the
17 purchase of electric energy as an agent or intermediary for sale to, or on behalf of, two or more
18 retail customers.
19 "Commission" means the State Corporation Commission.
20 "Cooperative" means a utility formed under or subject to Chapter 9 (§ 56-209 et seq.) of this title.
21 "Covered entity" means a provider in the Commonwealth of an electric service not subject to
22 competition but shall not include default service providers.
23 "Covered transaction" means an acquisition, merger, or consolidation of, or other transaction
24 involving stock, securities, voting interests or assets by which one or more persons obtains control of
25 a covered entity.
26 "Customer choice" means the opportunity for a retail customer in the Commonwealth to purchase
27 electric energy from any supplier licensed and seeking to sell electric energy to that customer.
28 "Distribute," "distributing" or "distribution of' electric energy means the transfer of electric energy
29 through a retail distribution system to a retail customer.
30 "Distributor" means a person owning, controlling, or operating a retail distribution system to
31 provide electric energy directly to retail customers.
32 "Electric utility" means any person that generates, transmits, or distributes electric energy for use
33 by retail customers in the Commonwealth, including any investor-owned electric utility, cooperative
34 electric utility, or electric utility owned or operated by a municipality.
35 "Generate," "generating," or "generation of' electric energy means the production of electric
36 energy.
37 "Generator" means a person owning, controlling, or operating a facility that produces electric
38 energy for sale.
39 "Incumbent electric utility" means each electric utility in the Commonwealth that, prior to July 1,
40 1999, supplied electric energy to retail customers located in an exclusive service territory established
41 by the Commission.
42 "Independent system operator" means a person that may receive or has received, by transfer
43 pursuant to this chapter, any ownership or control of, or any responsibility to operate, all or part of
44 the transmission systems in the Commonwealth.
45 "Market power" means the ability to impose on customers a significant and nontransitory price
46 increase on a product or service in a market above the price level which would prevail in a
47 competitive market.
48 "Municipality" means a city, county, town, authority or other political subdivision of the
49 Commonwealth.
50 "Period of transition to customer choice" means the period beginning on January 1, 2002, and
51 ending on January 1, 2004, unless otherwise extended by the Commission pursuant to this chapter,
1 during which the Commission and all electric utilities authorized to do business in the Commonwealth
2 shall implement customer choice for retail customers in the Commonwealth.
3 "Person" means any individual corporation, partnership, association, company, business, trust,
4 joint venture, or other private legal entity, and the Commonwealth or any municipality.
5 "Retail customer" means any person that purchases retail electric energy for its own consumption
6 at one or more metering points or nonmetered points of delivery located in the Commonwealth.
7 "Retail electric energy" means electric energy sold for ultimate consumption to a retail customer.
8 "Supplier" means any generator, distributor, aggregator, broker, marketer, or other person who
9 offers to sell or sells electric energy to retail customers and is licensed by the Commission to do so,
10 but it does not mean a generator that produces electric energy exclusively for its own consumption or
11 the consumption of an affiliate.
12 "Supply" or "supplying" electric energy means the sale of or the offer to sell electric energy to a
13 retail customer.
14 "Transmission of," "transmit," or "transmitting" electric energy means the transfer of electric
15 energy through the Commonwealth's interconnected transmission grid from a generator to either a
16 distributor or a retail customer.
17 "Transmission system" means those facilities and equipment that are required to provide for the
18 transmission of electric energy.
19 § 56-577. Schedule for transition to retail competition: Commission authority.
20 A. The transition to retail competition for the purchase and sale of electric energy shall be
21 itnplemented as follows:
22 1. On or before January 1, 2001, each incumbent electric utility owning, operating, controlling, or
23 having an entitlement to transmission capacity shall join or establish a regional transmission entity,
24 which entity may be an independent system operator, to which such utility shall transfer the
25 management and control of its transmission system, subject to the provisions of § 56-579.
26 2. On and after January 1, 2002, retail customers of electric energy within the Commonwealth
27 shall be permitted to purchase energy from any supplier of electric energy licensed to sell retail
28 electric energy within the Commonwealth during and after the period of transition to retail
29 competition, subject to the following:
30 a. The Commission shall establish a phase-in schedule for customers by class, and by percentages
31 of class, to ensure that by January 1, 2004, all retail customers are permitted to purchase electric
32 energy frotn any' supplier of electric energy licensed to sell retail electric energy within the
33 Commonwealth.
34 b. The Commission shall also ensure that residential and small business retail customers are
35 permitted to select suppliers in proportions at least equal to that of other customer classes permitted
36 to select suppliers during the period of transition to retail competition.
37 3. On and after January 1, 2002, the generation of electric energy shall no longer be subject to
38 regulation under this title, except as specified in this chapter.
39 4. On and after January 1, 2004, all retail customers of electric energy within the Commonwealth,
40 regardless of customer class, shall be permitted to purchase electric energy from any supplier of
41 electric energy licensed to sell retail electric energy within the Commonwealth.
42 B. The Commission may delay or accelerate the implementation of any o.f the provisions of this
43 section, subject to the following:
44 1. Any such delay or acceleration shall be based on considerations of reliability, safety,
45 communications or market power; and
46 2. Any such delay shall be limited to the period of time required to resolve the issues necessitating
47 the delay, but in no event shall any such delay extend the implementation of customer choice for all
48 customers beyond January 1, 2005.
49 The Commission shall within a reasonable time, report to the General Assembly, or any
50 legislative entity monitoring the restructuring of Virginia's electric industry, any such delays and the
51 reasons therefor,
52 C. Except as may be otherwise provided in this chapter, prior to and during the period of
53 transition to retail competition, the Commission may conduct pilot programs encompassing retail
54 customer choice of electric energy suppliers, consistent with its authority otherwise provided in this
1 title and the provisions of this chapter.
2 D. The Commission shall promulgate such rules and regulations as may be necessary to implement
3 the provisions of this section.
4 § 56-578. Nondiscriminatory access to transmission and distribution system.
5 A. All distributors shall have the obligation to connect any retail customer, including those using
6 distributed generation, located within its service territory to those facilities of the distributor that are
7 used for delivery of retail electric energy, subject to Commission rules and regulations and approved
8 tariff provisions relating to connection of service.
9 B. Except as otherwise provided in this chapter, every distributor shall provide distribution service
10 within its service territory on a basis which is just, reasonable, and not unduly discriminatory to
11 suppliers of electric energy, including distributed generation, as the Commission may determine. The
12 distribution services provided to each supplier of electric energy shall be comparable in quality to
13 those provided by the distribution utility to itself or to any affiliate. The Commission shall establish
14 rates, terms and conditions for distribution service under Chapter 10 (§ 56-232 et seq.) of this title.
15 C. The Commission shall establish interconnection standards to ensure transmission and
16 distribution safety and reliability, which standards shall not be inconsistent with nationally recognized
17 standards acceptable to the Commission. In adopting standards pursuant to this subsection, the
18 Commission shall seek to prevent barriers to new technology and shall not make compliance unduly
19 burden, rome and expensive. The Commission shall determine questions about the ability of specific
20 equipment to meet interconnection standards.
21 D. The Commission shall consider developing expedited permitting processes for small generation
22 facilities of fifty megawatts or less. The Commission shall also consider developing a standardized
23 permitting process and interconnection arrangements for those power systems less than 500 kilowatts
24 which have demonstrated approval from a nationally recognized testing laboratory acceptable to the
25 Commission.
26 E. Upon the separation and deregulation of the generation function and services of incumbent
27 electric utilities, the Commission shall retain jurisdiction over utilities' electric transmission function
28 and services, to the extent not preetnpted by federal law. Nothing in this section shall i~npair the
29 Commission's authority under §§ 56-46.1, 56-46.2, and 56-265.2 with respect to the con.~truction of
30 electric transmission facilities.
31 F. If the Commission determines that increases in the capacity of the transmission systems in the
32 Commonwealth, or modifications in how such systems are planned, operated, maintained, used,
33 financed or priced, will promote the efficient development of competition in the sale of electric
34 energy, the Commission may, to the extent not pree~npted by federal law, require one or more persons
35 having any ownership or control of, or responsibility to operate, all or part of such transmission
36 systems to:
37 1. Expand the capacity of transmission systems;
38 2. File applications and tariffs with the Federal Energy Regulatory Commission (FERC) which (i)
39 make transmission systems capacity available to retail sellers or buyers of electric energy under ter~ns
40 and conditions described by the Commission, and (ii) require owners of generation capacity located
41 in the Commonwealth to bear an appropriate share of the cost of transmission facilities, to the extent
42 such cost is attributable to such generation capacity;
43 3. Enter into a contract with, or provide information to, a regional transmission entity; or
44 4. Take such other actions as the Commission determines to be necessary to carry out the
45 purposes of this chapter.
46 G. If the Commission determines, after notice and opportunity for hearing, that a person has or
47 will have, as a result of such person's control of electric generating capacity or energy within a
48 transmission constrained area, market power over the sale of electric generating capacity or energy
49 to retail customers located within the Commonwealth, the Commission may, to the extent not
50 preempted by federal law and to the extent that the Commission determines market power is not
51 adequately mitigated by rules and practices of the applicable regional transmission entity having
52 responsibility for management and control of transmission assets within the Commonwealth, adjust
53 such person's rates for such electric generating capacity or energy, only within such
54 transmission-constrained area and only to the extent necessary to protect retail customers from such
1 market power. Such rates shall remain regulated until the Commission, after notice and opportunity
2 for hearing, determines that the market power has been mitigated.
3 § 56-579. Regional transmission entities.
4 A. As set forth in § 56-577, on or before January 1, 2001, each incumbent electric utility owning,
5 operating, controlling, or having an entitlement to transmission capacity shall join or establish a
6 regional transmission entity (RTE) to which such utility shall transfer the management and control of
7 its transmission assets, subject to the following:
8 1. No such incumbent electric utility shall transfer to any person any ownership or control of, or
9 any responsibility to operate, any portion of any transmission system located in the Commonwealth
10 without obtaining the prior approval of the Commission, as hereinafter provided.
11 2. The Commission shall develop rules and regulations under which any such incumbent electric
12 utility owning, operating, controlling, or having an entitlement to transmission capacity within the
13 Commonwealth~ may transfer all or part of such control ownership or responsibility to an RTE, upon
14 such terms and conditions that the Commission determines will:
15 a. Promote:
16 (1) Practices for the reliable planning, operating, maintaining, and upgrading of the transmission
17 systems and any necessary additions thereto; and
18 (2) Policies for the pricing and access for service over such systems, which are safe, reliable,
19 efficient, not unduly discriminatory and consistent with the orderly development of competition in the
20 Commonwealth;
21 b. Be consistent with lawful requirements of the Federal Energy Regulatory Commission;
22 c. Be effectuated on terms that fairly compensate the transferor;
23 d. Generally promote the public interest, and are consistent with (i) ensuring the successful
24 development of interstate regional transmission entities and (ii) meeting the transmission needs of
25 electric generation suppliers both within and without this Commonwealth.
26 B. The Commission shall also adopt rules and regulations, with appropriate public input,
27 establishing elements of regional transmission entity structures essential to the public interest, which
28 elements shall be applied by the Commission in determining whether to authorize transfer of
29 ownership or control from an incumbent electric utility to a regional transmission entity.
30 C. The Commission shall, to the fullest extent permitted under federal law, participate in any and
31 all proceedings concerning regional transmission entities furnishing transmission services within the
32 Commonwealth, before the Federal Energy Regulatory Commission. Such participation may include
33 such intervention as is permitted state utility regulators under FERC rules and procedures.
34 D. Nothing in this section shall be deemed to abrogate or modify:
35 1. The Commission's authority over transmission line or facility construction, enlargement or
36 acquisition within this Commonwealth, as set forth in Chapter 10.1 (§ 56-265.1 et seq.) of this title;
37 2. The laws of this Commonwealth concerning the exercise of the right of eminent domain by a
38 public service corporation pursuant to the provisions of Article 5 (§ 56-257 et seq.) of Chapter 10 of
39 this title; however, on and after January 1, 2002, the right of eminent domain may not be exercised
40 in conjunction with the construction or enlargement of any utility facility whose purpose is the
41 generation of electric energy; or
42 3. The Commission's authority over retail electric energy sold to retail customers within the
43 Commonwealth by licensed suppliers of electric service, including necessary reserve requirements, all
44 as specified in § 56-587.
45 E. For purposes of this section, transmission capacity shall not include capacity that is primarily
46 operated in a distribution function, as determined by the Commission, taking into consideration any
47 binding federal precedents.
48 F. On or after January 1, 2002, the Commission shall report to the Legislative Transition Task
49 Force its assessment of the success in the practices and policies of the RTE facilitating the orderly
50 development of competition in the Commonwealth.
51 § 56-580. Transmission and distribution of electric energy.
52 A. The Commission shall continue to regulate pursuant to this title the distribution of retail
53 electric energy to retail customers in the Commonwealth and, to the extent not prohibited by federal
54 law, the transmission of electric energy in the Commonwealth.
1 B. The Commission shall continue to regulate, to the extent not prohibited by federal law, the
2 reliability, quality and maintenance by transmitters and distributors of their transmission and retail
3 distribution systems.
4 C. The Commission shall develop codes of conduct governing the conduct of incumbent electric
5 utilities and affiliates thereof when any such affiliates provide, or control any entity that provides,
6 generation, distribution or transmission services, to the extent necessary to prevent impairment of
7 competition.
8 D. The Commission may permit the construction and operation of electrical generating facilities
9 upon a finding that such generating facility and associated facilities including transmission lines and
10 equipment (i) will have no material adverse effect upon reliability of electric service provided by arty
11 regulated public utility and (ii) are not otherwise contrary to the public interest. In review of its
12 petition for a certificate to construct and operate a generating facility described in this subsection, the
13 Commission shall give consideration to the effect of the facility and associated facilities, including
14 transmission lines and equipment, on the environment and establish such conditions as may' be
15 desirable or necessary to minimize adverse environmental impact as provided in § 56-46.1.
16 E. Nothing in this section shall impair the distribution service territorial rights of incumbent
17 electric utilities, and incumbent electric utilities shall continue to provide distribution services within
18 their exclusive service territories as established by the Commission. Nothing in this chapter shall
19 impair the Commission's existing authority over the provision of electric distribution services to retail
20 customers in the Commonwealth including, but not limited to, the authority contained in Chapters 10
21 (§ 56-232 et seq.) and 10.1 (§ 56-265.1 et seq.) of this title.
22 F. Nothing in this chapter shall impair the exclusive territorial rights of an electric utility owned
23 or operated by a municipality as of July 1, 1999, nor shall any provision of this chapter apply to any
24 such electric utility unless (i) that municipality elects to have this chapter apply to that utility or (ii)
25 that utility, directly or indirectly, sells, offers to sell or seeks to sell electric energy to any retail
26 customer outside the geographic area that was served by such municipality as of July 1, 1999.
27 § 56-581. Regulation of rates subject to Commission's jurisdiction.
28 A. Subject to the provisions of § 56-582, the Commission shall regulate the rates for the
29 transmission of electric energy, to the extent not prohibited by federal law, and for the distribution of
30 electric energy to such retail customers on an unbundled basis, but, subject to the provisions of this
31 chapter after the date of customer choice, the Commission no longer shall regulate rates and services
32 for the generation component of retail electric energy sold to retail customers.
33 B. No later than September 1, 1999, and annually thereafter, the Commission shall submit a report
34 to the General Assembly evaluating the advantages and disadvantages of competition for metering,
35 billing and other services which have not been made subject to cotnpetition, and making
36 recommendations as to when, and for whom, such other services should be made subject to
37 competition.
38 C. Beginning July 1, 1999, and thereafter, no cooperative that was a member of a power supply
39 cooperative on January 1, 1999, shall be obligated to file any rate rider as a consequence of an
40 increase or decrease in the rates, other than fuel costs, of its wholesale supplier, nor must any
41 adjustment be made to such cooperative's rates as a consequence thereof.
42 D. Except for the provision of default services under § 56-585 or emergency services in § 56-586,
43 nothing in this chapter shall authorize the Commission to regulate the rates or charges for electric
44 service to the Commonwealth and its municipalities.
45 § 56-582. Rate caps.
46 A. The Commission shall establish capped rates, effective January 1, 2001, and expiring on July 1,
47 2007, for each service territory of every incumbent utility as follows:
48 1. Capped rates shall be established for customers purchasing bundled electric transmission,
49 distribution and generation services from an incumbent electric utility.
50 2. Capped rates for electric generation services, only, shall also be established for the purpose of
51 effecting customer choice for those retail customers authorized under this chapter to purchase
52 generation services from a supplier other than the incumbent utility during this period.
53 3. The capped rates established under this section shall be the rates in effect for each incumbent
54 utility as of the effective date of this chapter, or rates subsequently placed into effect pursuant to a
1 rate application filed by an incumbent electric utility with the Commission prior to January 1, 2001,
2 and subsequently approved by the Commission, and made by an incumbent electric utility that is not
3 currently bound by a rate case settlement adopted by the Commission that extends in its application
4 beyond January 1, 2002. The Commission shall act upon such applications prior to commencement of
5 the period of transition to customer choice, and capped rates determined pursuant to such
6 applications shall become effective on January 1, 2001. Such rate application and the Commission's
7 approval shall give due consideration, on a forward-looking basis, to the jusmess and reasonableness
8 of rates to be effective for a period of time ending as late as July 1, 2007. The capped rates
9 established under this section, which include rates, tariffs, electric service contracts, and rate
10 programs (including experimental rates, regardless of whether they otherwise would expire), shall be
11 such rates, tariffs, contracts, and programs of each incumbent electric utility, provided that
12 experimental rates and rate programs may be closed to new customers upon application to the
13 Commission.
14 B. The Commission may adjust such capped rates in connection with (i) utilities' recovery of fuel
15 costs pursuant to § 56-249.6, (ii) any changes in the taxation by the Commonwealth of incumbent
16 electric utility revenues, (iii) any financial distress of the utility beyond its control, (iv) respect to
17 cooperatives that were not members of a power supply cooperative on January 1, 1999, and as long
18 as they do not become members, their cost of purchased wholesale power, and (v) respect to
19 cooperatives that were members of a power supply cooperative on January 1, 1999, their recovery of
20 fuel costs, through the wholesale power cost adjustment clauses of their tariffs pursuant to § 56-226.
21 Notwithstanding the provisions of § 56-249.6, the Commission may authorize tariffv that include
22 incentives designed to encourage an incumbent electric utility to reduce its fuel costs by permitting
23 retention of a portion of cost savings resulting from fuel cost reductions or by other methods
24 determined by the Commission to be fair and reasonable to the utility and its customers.
25 C. A utility may petition the Commission to terminate the capped rates to all customers attytime
26 after January 1, 2004, and such capped rates may be terminated upon the Commission finding of an
27 effectively competitive market for generation services within the service territory of that utility. If the
28 capped rates are continued after January 1, 2004, an incumbent electric utility which is not, as of the
29 effective date of this chapter, bound by a rate case settlement adopted by the Commission that extends
30 in its application beyond January I, 2002, may petition the Commission for approval of a one-time
31 change in the nongeneration components of such rates.
32 D. Until the expiration or termination of capped rates as provided in this section, the incumbent
33 electric utility, consistent with the functional separation plan implemented under § 56-590, shall make
34 electric service available at capped rates established under this section to any customer itt the
35 incumbent electric utility's service territory, including any customer that, until the expiration or
36 termination of capped rates, requests such service after a period of utilizing service from another
37 supplier.
38 E. During the period when capped rates are in effect for an incumbent electric utility, such utility
39 may file with the Commission a plan describing the method used by such utility to assure full funding
40 of its nuclear decommissioning obligation and specifying the amount of the revenues collected under
41 either the capped rates, as provided in this section, or the wires charges, as provided in § 56-583,
42 that are dedicated to funding such nuclear decommissioning obligation under the plan. The
43 Commission shall approve the plan upon a finding that the plan is not contrary to the public interest.
44 § 56-583. Wires charges.
45 A. To provide the opportunity for competition and consistent with § 56-584, the Commission shall
46 establish wires charges for each incumbent electric utility, effective upon the commencement of
47 customer choice, which shall be the sum (i) of the difference between the incumbent utilities' capped
48 unbundled rates for generation and projected market prices for generation, as determined by the
49 Commission, and (ii) any transition costs incurred by the incumbent electric utility determined by the
50 Commission to be just and reasonable; however, the sum of such wires charges, the unbundled
51 charge for transmission and ancillary services, the applicable distribution rates established by the
52 Commission and the above projected market prices for generation shall not exceed the capped rates
53 established under § 56-582.A. 1 applicable to such incumbent electric utility. The Commission shall
54 adjust such wires charges not more frequently than annually and shall seek to coordinate adjustments
1 of wires charges with any adjustments of capped rates pursuant to § 56-582.
2 B. Customers that choose suppliers of electric energy, other than the incumbent utility, or are
3 subject to default service, prior to the expiration of the period for capped rates, as provided for in
4 § 56-582, shall pay a wires charge determined pursuant to subsection A based upon actual usage of
5 electricity distributed by the incumbent utility to the customer during the period from the time it
6 chooses a supplier of electric energy other than the incumbent electric utility, until capped rates
? expire or are terminate& as provided in § 56-582.
8 C. The Commission shall permit any customer, at its option, to pay the wires charges owed to an
9 incumbent electric utility on an accelerated or deferred basis upon a finding that such method is not
10 (i) prejudicial to the incumbent electric utility or its ratepayers or (ii) inconsistent with the
11 development of effective competition, provided, however, that all deferred wires charges shall be paid
12 in full by July 1, 2007.
13 D. A supplier of retail electric energy may pay any or all of the wires charge owed by any
14 customer to an incumbent electric utility. The supplier may not only pay such wires charge on behalf
15 of any customer, but also contract with any customer to finance such payments. Further, on request
16 of a supplier, the incumbent electric utility shall enter into a contract allowing such supplier to pay
17 such wires charge on an accelerated or deferred basis. Such contract shall contain terms and
18 conditions, specified in rules and regulations promulgated by the Commission to implement the
19 provisions of this subsection, that fully compensate the incumbent electric utility for such wires
20 charge, including reasonable compensation for the time value of money.
21 § 56-584. Stranded costs.
22 Just and reasonable net stranded costs, to the extent that they exceed zero valite in total for the
23 incumbent electric utility, shall be recoverable by each incumbent electric utility provided each
24 incumbent electric utility shall only recover its just and reasonable net stranded costs through either
25 capped rates as provided in § 56-582 or wires charges as provided in § 56-583. To the extent not
26 preempted by federal law, the establishment by the Commission of wires charges for any distribution
27 cooperative shall be conditioned upon such cooperative entering into binding commitments by which
28 it will pay to any power supply cooperative of which such distribution cooperative is or was a
29 member, as compensation for such power supply cooperative's stranded costs, all or part of the
30 proceeds of such wires charges, as determined by the Commission.
31 § 56-585. Default service.
32 A. The Commission shall, afier notice and opportunity for hearing, (i) determine the components of
33 default service and (ii) establish one or more programs making such services available to retail
34 customers requiring them commencing with the date of customer choice for all retail customers
35 established pursuant to § 56-577. For purposes of this chapter, "default service" means service made
36 available under this section to retail customers who (i) do not affirmatively select a supplier, (ii) are
37 unable to obtain service from an alternative supplier, or (iii) have contracted with an alternative
38 supplier who fails to perform.
39 B. The Commission shall designate the providers of default service. In doing so, the Commission:
40 1. Shall take into account the characteristics and qualifications of prospective providers, including
41 cost, experience, safety, reliability, corporate structure, access to electric energy resources necessary
42 to serve customers requiring such services, and other factors deemed necessary to protect the public
43 interest;
44 2. May, upon a finding that the public interest will be served, designate one or more willing
45 providers to provide one or more components of such services, in one or more regions of the
46 Commonwealth, to one or more classes of customers; and
47 3. In the absence of a finding under subdivision 2, may require an incumbent electric utility or
48 distribution utility to provide one or more components of such services, or to form an affiliate to do
49 so, in one or more regions of the Commonwealth, at rates which are fairly compensatory to the utility
50 and which reflect any cost of energy prudently procured, including energy procured from the
51 competitive market; however, the Commission may not require an incumbent electric utility or
52 distribution utility, or affiliate thereof, to provide any such services outside the territory in which such
53 utility provides service.
54 C. The Commission shall, afier notice and opportunity for hearing, determine the rates, terms and
1 conditions for such services consistent with the provisions of subdivision B 3 and Chapter 10
2 (§ 56-232 et seq.) of this title and shall establish such requirements for providers and customers as it
3 finds necessary to promote the reliable and economic provision of such services and to prevent the
4 inefficient use of such services. The Commission may use any rate method that protnotes the public
5 interest and may establish different rate& terms and conditions for different classes of customers.
6 D. On or before July 1, 2004, and annually thereafter, the Commission shall determine, after
? notice and opportunity for hearing, whether there is a sufficient degree of competition such that the
8 elimination of default service for particular customers, particular classes of customers or particular
9 geographic areas of the Commonwealth will not be contrary to the public interest. The Commission
10 shall report its findings and recommendations concerning modification or termination of default
11 service to the General Assembly and to the Legislative Transition Task Force, not later than
12 December 1, 2004, and annually thereafter.
13 E. A distribution electric cooperative, or one or more affiliates thereof, shall have the obligation
14 and right to be the supplier of default services in its certificated service territory. If a distribution
15 electric cooperative, or one or more affiliates thereof, elects or seeks to be a default supplier of
16 another electric utility, then the Commission shall designate the default supplier for that distribution
17 electric cooperative, or any affiliate thereof, pursuant to subsection B.
18 § 56-586. Emergency service provider.
19 On and after January 1, 2001, if any supplier fails to fulfill an obligation, resulting in the failure
20 of retail electric energy to be delivered into the control area serving the supplier's retail customer,
21 the entity fulfilling the control area function, or, if applicable, the regional transmission entity or
22 other entity as designated by the Commission, shall be responsible for charging the defaulting
23 supplier for the full cost of replacement energy, including the cost of energy, the cost incurred by
24 others as a result of the default, and the assessment of penalties as may be approved either by the
25 Commission, to the extent not precluded by federal law, or by the Federal Energy Regulatory
26 Commission. The Commission, as part of the rules established under § 56-587, shall determine the
27 circumstances under which failures to deliver electricity will result in the revocation of the supplier's
28 license.
29 § 56-587. Licensure of retail electric energy suppliers.
30 A. As a condition of doing business in the Commonwealth each person seeking to sell offering to
31 sell or selling electric energy to any retail customer in the Commonwealth, on and after January 1,
32 2002, shall obtain a license from the Commission to do so. A license shall not be required solely for
33 the leasing or financing of property used in the sale of electricity to any retail customer in the
34 Commonwealth.
35 The license shall authoriz, e that person to engage in the activities authorized by such license until
36 the' license expires or is otherwise terminated, suspended or revoked.
37 B. As a condition of obtaining, retaining and renewing any license issued pursuant to this section,
38 a person shall satisfy such reasonable and nondiscriminatory requirements as may be specified by the
39 Commission, which may include requirements that such person (i) demonstrate, in a manner
40 satisfactory to the Commission, financial responsibility: (ii) post a bond as deemed adequate by the
41 Commission to ensure that financial responsibility; (iii) pay an annual license fee to be determined by
42 the Commission; and (iv) pay all taxes and fees lawfully imposed by the Commonwealth or by any
43 municipality or other political subdivision of the Commonwealth. In addition, as a condition of
44 obtaining, retaining and renewing any license pursuant to this section, a person shall satisfy such
45 reasonable and nondiscriminatory requirements as may be specified by the Commission, including but
46 not limited to requirements that such person demonstrate (i) technical capabilities as the Commission
47 may deem appropriate; (ii) access to generation and generation reserves; and (iii) adherence to
48 minimum market conduct standards. Any license issued by the Commission pursuant to this section
49 may be conditioned upon the licensee furnishing to the Commission prior to the provision of electric
50 energy to consumers proof of adequate access to generation and generation reserves.
51 C. 1. The Commission shall establish a reasonable period within which any retail customer may
52 cancel, without penalty or cost, any contract entered into with a supplier licensed pursuant to this
53 section.
54 2. The Commission may adopt other rules and regulations governing the requirements for
1 obtaining, retaining, and renewing a license to supply electric energy to retail custotners, and may, as
2 appropriate, refuse to issue a license to, or suspend, revoke, or refuse to renew the license of, any
3 person that does not meet those requirements.
4 D. Notwithstanding the provisions of § 13.1-620, a public service company may, through an
5 affiliate or subsidiary, conduct one or more of the following businesses, even if such business is not
6 related to or incidental to its stated business as a public service company: (i) become licensed as a
? retail electric energy supplier pursuant to this section, or for purposes of participation in an approved
8 pilot program encompassing retail customer choice of electric energy suppliers; (ii) become licensed
9 as. an aggregator pursuant to § 56-588, or for purposes of participation in an approved pilot program
10 encompassing retail customer choice of electric energy suppliers; or (iii) own, manage or control any
11 plant or equipment or any part ora plant or equipment used for the generation of electric energy.
12 § 56-588. Licensing of aggregators.
13 A. As a condition of doing business in the Commonwealth, each person seeking to aggregate
14 electric energy within this Commonwealth on and after January 1, 2002, shall obtain a license from
15 the Commission to do so. The license shall authorize that person to act as an aggregator until the
16 license expires or is otherwise terminated, suspended or revoked. Licensing pursuant to this section,
17 however, shall not relieve any person seeking to act as a supplier of electric energy from their
18 obligation to obtain a license as a supplier pursuant to § 56-587.
19 B. As a condition of obtaining, retaining and renewing any license issued pursuant to this section,
20 a person shall satisfy such reasonable and nondiscriminatory requirements as may be specified by the
21 Commission, which may include requirements that such person (i) provide background information;
22 (ii) demonstrate, in a manner satisfactory to the Commission, financial responsibility; (iii) post a bond
23 as deemed adequate by the Commission to ensure that financial responsibility; (iv) pay an annual
24 license fee to be determined by the Commission; and (v) pay all taxes and fees lawfully imposed by
25 the Commonwealth or by any municipality or other political subdivision of the Cotnmonwealth. In
26 addition, as a condition of obtaining, retaining and renewing any license pursuant to this section, a
27 person shall satisfy such reasonable and nondiscriminatory requirements as may be specified by the
28 Commission, including, but not limited to, requirements that such person demonstrate technical
29 capabilities as the Commission may deem appropriate. Any license issued by the Commission
30 pursuant to this section may be conditioned upon the licensee, if acting as a supplier, furnishing to
31 the Commission prior to the provision of electricity to consumers proof of adequate access to
32 generation and generation reserves.
33 C. In establishing aggregator licensing schemes and requirements applicable to the same, the
34 Commission may differentiate between (i) those aggregators representing retail customers only, (ii)
35 those aggregators representing suppliers only, and (iii) those aggregators representing both retail
36 customers and suppliers.
37 D. 1. The Commission shall establish a reasonable period within which any retail customer may
38 cancel, without penalty or cost, any contract entered into with a supplier licensed pursuant to this
39 section.
40 2. The Commission may adopt other rules and regulations governing the requirements for
41 obtaining, retaining, and renewing a license to aggregate electric energy to retail customers, attd
42 may, as appropriate, refuse to issue a license to, or suspend, revoke, or refuse to renew the license
43 of, any person that does not meet those requirements.
44 § 56-589. Municipal and state aggregation.
45 A. Counties, cities and towns (hereafter "municipalities") and other political subdivisions of the
46 Commonwealth may, at their election and upon authorization by majority votes of their governing
47 bodies, aggregate electrical energy and demand requirements for the purpose of negotiating the
48 purchase of electrical energy requirements from any licensed supplier within this Commonwealth, as
49 follows:
50 1. Any municipality or other political subdivision of the Commonwealth may aggregate the electric
51 energy load of residential, commercial and industrial retail customers within its boundaries on a
52 voluntary, opt-in basis in which each such customer must affirmatively select such municipality or
53 other political subdivision as its aggregator. The municipality or other political subdivision may not
54 earn a profit but must recover the actual costs incurred in such aggregation.
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2. Any municipality or other political subdivision of the Commonwealth may aggregate the electric
energy load of its governmental buildings, facilities and any other governmental operations requiring
the consumption of electric energy.
3. Two or more municipalities or other political subdivisions within this Commonwealth may
aggregate the electric energy load of their governmental buildings, facilities and any other
governmental operations requiring the consumption of electric energy.
B. The Commonwealth, at its election, may aggregate the electric energy load of its governmental
buildings, facilities, and any other government operations requiring the consumption of electric energy
for the purpose of negotiating the purchase of electricity from any licensed supplier within this
Commonwealth.
§ 56-590. Divestiture, functional separation and other corporate relationships.
A. The Commission shall not require any incumbent electric utility to divest itself of any
generation, tran:vmission or distribution assets pursuant to any provision of this chapter.
B. 1. The Commission shall, however, direct the functional separation of generation, retail
transmission and distribution of all incumbent electric utilities in connection with the provisions of
this chapter to be completed by January 1, 2002.
2. By January 1, 2001, each incumbent electric utility shall submit to the Commission a plan for
such functional separation which may be accomplished through the creation of affiliates, or through
such other means as may be acceptable to the Commission.
3. Consistent with this chapter, the Commission may impose conditions, as the public interest
requires, upon its approval of the incumbent electric utility's plan for functional separation, including
requirements that (i) the incumbent electric utility's generation assets or their equivalent remain
available for electric service during the capped rate period as provided in § 56-582 and, if
applicable, during any period the incumbent electric utility serves as a default provider as provided
for in § 56-585, and (ii) the incumbent electric utility receive Commission approval for the sale,
transfer or other disposition of generation assets during the capped rate period and, if applicable,
during any period the incumbent electric utility serves as a default provider.
C. The Commission shall, to the extent necessary to promote effective competition in the
Commonwealth, promulgate rules and regulations to carry out the provisions of this section, which
rules and regulations shall include provisions:
1. Prohibiting cost-shifting or cross-subsidies between functionally separate units;
2. Prohibiting functionally separate units from engaging in anticompetitive behavior or
self-dealing;
3. Prohibiting affiliated entities from engaging in discriminatory behavior towards nonaffiliated
units; and
4. Establishing codes of conduct detailing permissible relations between functionally separate
units.
D. Neither a covered entity nor an affiliate thereof may be a party to a covered transaction
without the prior approval of the Commission. Any such person proposing to be a party to such
transaction shall file an application with the Commission. The Commission shall approve or
disapprove such transaction within sixty days after the filing of a completed application; however, the
sixty-day period may be extended by Commission order for a period not to exceed an additional 120
days. The application shall be deemed approved if the Commission fails to act within such initial or
extended period. The Commission shall approve such application if it finds, after notice and
opportunity for hearing, that the transaction will comply with the requirements of subsection E, and
may, as a part of its approval, establish such conditions or limitations on such transaction as it finds
necessary to ensure compliance with subsection E.
E. A transaction described in subsection D shall not:
1. Substantially lessen competition among the actual or prospective providers of noncompetitive
electric service or of a service which is, or is likely to become, a competiti~¥, electric service; or
2. Jeopardize or impair the safety or reliability of electric service in the Commonwealth, or the
provision of any noncompetitive electric service at just and reasonable rates.
F. Nothing in this chapter shall be deemed to abrogate or modify the Commission's authority
under Chapter 3 (§ 56-55 et seq.), 4 (§ 56-76 et seq.) or 5 (§ 56-88 et seq.) of this title. However, any
11
1 person subject to the requirements of subsection D that is also subject to the requirements of Chapter
2 5 of this title may be exempted from compliance with the requirements of Chapter 5 of this title.
3 § 56-591. Application of antitrust laws.
4 Nothing in this chapter shall be construed to exempt or immunize from punishment or prosecution,
5 conduct violative of federal antitrust laws, or the antitrust laws of this Commonwealth.
6 § 56-592. Consumer education and protection; Commission report to Legislative Task Force.
7 A. The Commission shall develop a consumer education program designed to provide the following
8 information to retail customers during the period of transition to retail competition and thereafter:
9 1. Opportunities and options in choosing (i) suppliers and aggregators of electric energy and (ii)
10 any other service made competitive pursuant to this chapter;
11 2. Marketing and billing information suppliers and aggregators of electric energy will be required
12 to furnish retail customers;
13 3. Retail customers' rights and obligations concerning the purchase of electric energy and related
14 services; and
15 4. Such other information as the Commission may deem necessary and appropriate in the public
16 interest.
17 B. The Commission shall complete the development of the consumer education program described
18 in subsection A, and report its findings and recommendations to the Legislative Transition Task Force
19 on or before December I, 1999, and as frequently thereafter as may be required by the Task Force
20 concerning:
21 1. The scope of such recommended program consistent with the requirements of subsection A;
22 2. Materials and media required to effectuate any such program;
23 3. State agency and nongovernmental entity participation;
24 4. Program duration;
25 5. Funding requirements and mechanisms for any such program; and
26 6. Such other findings and recommendations the Commission deems appropriate in the public
27 interest.
28 C. The Commission shall develop regulations governing tnarketing practices by public service
29 companies, licensed suppliers, aggregators or arty other providers of services made cotnpetitive by
30 this chapter, including regulations to prevent unauthorized switching of suppliers, unauthorized
31 charges, and improper solicitation activities. The Commission shall also establish standards for
32 marketing information to be furnished by licensed suppliers, aggregators or any other providers of
33 services made competitive by this chapter during the period of transition to retail competition, and
34 thereafter, which information shall include standards concerning:
35 1. Pricing and other key contract terms and conditions;
36 2. To the extent feasible, fuel mix and emissions data on at least att annualized basis;
37 3. Custotner's rights of cancellation following execution of any contract;
38 4. Toll-free telephone number for customer assistance; and
39 5. Such other and further marketing information as the Commission may deem necessary and
40 appropriate in the public interest.
41 D. The Commission shall also establish standards for billing information to be furnished by public
42 service companies, suppliers, aggregators or any other providers of services made competitive by this
43 chapter during the period of transition to retail competition, and thereafter. Such billing information
44 standards shall require that billing formation:
45 1. Distinguishes between charges for regulated services and unregulated services;
46 2. Itemizes any and all nonbypassable wires charges;
47 3. Is presented in a format that complies with standards to be established by the Commission;
48 4. Discloses, to the extent feasible, fuel mix and emissions data On at least an annualized basis;
49 and
50 5. Includes such other billing information as the Commission deems necessary and appropriate in
51 the public interest.
52 E. The Commission shall establish or maintain a complaint bureau for the purpose of receiving,
53 reviewing and investigating complaints by retail customers against public service companies, licensed
54 suppliers, aggregators and other providers of any services made competitive under this chapter. Upon
12
1 the request of any interested person or the Attorney General, or upon its own motion, the Commission
2 shall be authorized to inquire into possible violations of this chapter and to enjoin or punish any
3 violations thereof pursuant to its authority under this chapter, this title, and under Title 12.1. The
4 Attorney General shall have a right to participate in such proceedings consistent with the
5 Commission's Rules of Practice and Procedure.
6 F. The Commission shall establish reasonable limits on customer security deposits required by
? public service companies, suppliers, aggregators or any other persons providing competitive services
8 pursuant to this chapter.
9 § 56-593. Retail customers' private right of action; marketing practices.
10 A. No entity subject to this chapter shall use any deception, fraud, false pretense,
11 misrepresentation, or any deceptive or unfair practices in providing, distributing or marketing electric
12 service.
13 B. Any person who suffers loss (i) as the result of marketing practices, including telemarketing
14 practices, engaged in by any public service company, licensed supplier, aggregator or any other
15 provider of any service made competitive under this chapter, and in violation of subsection C of
16 § 56-592, including any rule or regulation adopted by the Commission pursuant thereto, or (ii) as the
17 result of any violation of subsection A, shall be entitled to initiate an action to recover actual
18 damages, or $500, whichever is greater. If the trier of fact fin& that the violation was willful it may
19 increase damages to an amount not exceeding three times the actual damages sustained, or $1,000,
20 whichever is greater.
21 2. Upon referral from the Commission, the Attorney General, the attorney for the Commonwealth,
22 or the attorney for any city, county, or town may cause an action to be brought in the appropriate
23 circuit court for relief of violationx within the scope of (i) subsection C of § 56-592, including any
24 rule or regulation adopted by the Commission pursuant thereto or (ii) subsection A.
25 C. Notwithstanding any other provision of law to the contrary, in addition to any damages
26 awarded, such person, or any governmental agency initiating such action, also may be awarded
27 reasonable attorney's fees and court costs.
28 D. Any action pursuant to this section shall be commenced within two years after its accrual. The
29 cause of action shall accrue as provided in § 8.01-230. However, if the Commission initiates
30 proceedings, or any other governmental agency files suit for the purpose of enforcing subsection A or
31 ~he provisions of subsection C of § 56-592, the time during which such proceeding or governmental
32 suit and all appeals therefrom is pending shall not be counted as any part of the period within which
33 an action under this section shall be brought.
34 E. The circuit court may make such additional orders or decrees as may be necessary to restore to
35 any identifiable person any money or property, real, personal or mixed, tangible or intangible, which
36 may have been acquired from such person by means of any act or practice violative of subsection A
37 or subsection C of § 56-592, provided, that such person shall be identified by order of the court
38 within 180 days from the date of any order permanently enjoining the unlawful act or practice.
39 F. In any case arising under this section, no liability shall be imposed upon any licensed supplier,
40 aggregator or any other provider of any service made competitive under this chapter, who shows by a
41 preponderance of the evidence that (i) the act or practice alleged to be in violation of subsection A or
42 subsection C of § 56-592 was an act or practice over which the same had no control or (ii) the
43 alleged violation resulted from a bona fide error notwithstanding the maintenance of procedures
44 reasonably adopted to avoid a violation. However, nothing in this section shall prevent the court from
45 ordering restitution and payment of reasonable attorney's fees and court costs pursuant to subsection
46 C to individuals aggrieved as a result of an unintentional violation of subsection A or subsection C of
47 § 56-592.
48 § 56-594. Net energy metering provisions.
49 A. The Commission shall establish by regulation a program, to begin no later than July 1, 2000,
50 which affords eligible customer-generators the opportunity to participate in net energy metering. The
51 regulations may include, but need not be limited to, requirements for (i) retail sellers; (ii) owners
52 and/or operators of distribution or transmission facilities; (iii) providers of default service; (iv)
53 eligible customer-generators; or (v) any combination of the foregoing, as the Commission determines
54 will facilitate the provision of net energy metering, provided that the Commission determines that such
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13
requirements do not adversely affect the public interest. B. For the purpose of this section:
"Eligible customer-generator" means a customer that owns and operates an electrical generating
facility that (i) has a capacity of not more than ten kilowatts for residential customers and twenty-five
kilowatts for nonresidential customers; (ii) uses as its total source of fuel solar, wind, or hydro
energy; (iii) is located on the customer's premises; (iv) is interconnected and operated in parallel with
an electric company's transmission and distribution facilities; and (v) is intended primarily to offset
all or part of the customer's own electricity requirements.
"Net energy metering" means measuring the difference, over the net metering period, between (i)
electricity supplied to an eligible customer-generator from the electric grid and (ii) the electricity
generated and fed back to the electric grid by the eligible customer-generator.
"Net metering period" means the twelve-month period following the date of final interconnection of
the eligible customer-generator's system with an electric service provider, and each twelve-month
period thereafter.
C. The Commission's regulations shall ensure that the metering equipment installed for net
metering shall be capable of measuring the flow of electricity in two directions, and shall allocate
fairly the cost of such equipment and any necessary interconnection. An eligible customer-generator's
solar, wind or hydro electrical generating system shall meet all applicable safety and performance
standards established by the National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters Laboratories. Beyond the
requirements set forth in this section, a customer-generator whose solar, wind or hydro electrical
generating system meets those standards and rules shall bear the reasonable cost, if any, as
determined by the Commission, to (i) install additional controls, (ii) perform or pay for additional
tests, or (iii) purchase additional liability insurance.
D. The Commission shall establish minimum requirements for contracts to be entered into by the
parties to net metering arrangements. Such requirements shall protect the customer-generator against
discrimination by virtue of its status as a customer-generator. Where electricity generated by the
customer-generator over the net metering period exceeds the electricity consumed by the
customer-generator, the customer-generator shall not be compensated for the excess electricity unless
the entity contracting to receive such electric energy and the customer-generator enter into a power
purchase agreement for such excess electricity. The net metering standard contract or tariff shall be
available to eligible customer-generators on a first-come, first-served basis in each electric
distribution company's Virginia service area until the rated generating capacity owned and operated
by eligible customer-generators in the state reaches 0.1 percent of each electric distribution
company's adjusted Virginia peak-load forecast for the previous year. § 56-595. Legislative Transition Task Force established
A. The Legislative Transition Task Force is hereby established to work collaboratively with the
Commission in conjunction with the phase-in of retail competition within the Commonwealth.
B. The Task Force shall consist of ten members, with six members from the House of Delegates
and four'members from the Senate. Appointments shall be made and vacancies filled by the Speaker
of the House of Delegates in accordance with the principles of Rule 16 of the House of Delegates and
the Senate Committee on Privileges and Elections, as appropriate.
C. The Task Force members shall be appointed to begin service on and after July 1, 1999, and
shall continue to serve until July 1, 2005. They shall (i) monitor the work of the Virginia State
Corporation Commission in implementing this chapter, receiving such reports as the Commission may
be required to make pursuant thereto, including reviews, analysis, and impact on consumers of
electric utility restructuring programs of other states; (ii) determine whether, and on what basis,
incumbent electric utilities should be permitted to discount capped generation rates established
pursuant to § 56-582; (iii) after the commencement of customer choice, monitor, with the assistance of
the Commission, the Office of the Attorney General incumbent electric utilities, suppliers, and retail
customers, whether the recovery of stranded costs, as provided in § 56-584, has resulted or is likely
to result in the overrecovery or underrecovery of just and reasonable net stranded costs; (iv) examine
utility worker protection during the transition to retail competition; generation, transmission and
distribution systems reliability concerns; energy assistance programs for low-income households;
14
1 renewable energy programs; and energy efficiency programs; and (v) annually report to the Governor
2 and each session of the General Assembly during their tenure concerning the progress of each stage
3 of the phase-in of retail competition, offering such recommendations as may be appropriate for
4 legislative and administrative consideration in order to maintain the Commonwealth's position as a
5 low-cost electricity market and ensuring that residential customers and small business customers
6 benefitfromcompetition.
7 D. There shall be established a Consumer Advisory Board effective July 1, 1999. The Consumer
8 Advisory Board shall consist of seventeen members. The Senate Privileges and Elections Committee
9 shall appoint six members. The Speaker of the House of Delegates shall appoint six members. The
10 Governor shall appoint five members. Appointed members shall be from all classes of consumers and
11 with geographical representation. The Consumer Advisory Board shall assist the Legislative
12 Transition Task Force in its work as prescribed in this section, and on other issues as may be
13 directed by the Legislative Transition Task Force.
SB 1269 - Key Dates (and SCC Reports) for Electric Industry Restructuring
7/1/99 - Establish Legislative Transition Task Force to work with the SCC in conjunction
with the phase-in of retail competition. Annual report to the General Assembly
through 7/1/05 on the progress of each stage and make any recommended changes
(§ 56-595).
7/1/99 - Establish Consumer Advisory Board to assist Legislative Transition Task Force
(§ 56-595(D)).
9/1/99 (and annually thereafter) - SCC submits report to General Assembly on whether
metering, billing and other services should be subject to competition. (§ 56-581)
By 12/1/99 - SCC to recommend a consumer education program to the Legislative
Transition Task Force.
By 1/1/01 - Each incumbent electric utility shall join a regional transmission entity (RTE)
(or independent system operator) (§ 56-577 and -579(A)).
By 1/1/01 - Each incumbent electric utility shall submit a plan to the SCC for
functional separation of generation, retail transmission and distribution assets.
(§ 56-590(B))
1/1/02 - SCC reports to Legislative Transition Task Force on its assessment of the success
of the RTE in facilitating the development of competition (§ 56-579(F)).
By 1/1/02 - Each incumbent electric utility shall have completed the functional
separation of generation, retail transmission and distribution assets. (§ 56-590(B)
1/1/02 - generation of electric energy no longer subject to regulation under Title 56
except as specified in Chapter 23 (Va. Electric Utility Restructuring Act). (§ 56-
777)
1/1/02 - Transition to customer choice begins for certain retail customers (§ 56-577).
1/1/04 (or 1/1/05 if delayed by SCC for good reason) - Phase-in period ends; all retail
customers have customer choice (§ 56-577).
1/1/01 to 1/1/07 - Capped Rates in effect (§ 56-582).
0504933.01
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 7, 1999
File #60-178
Susheela Shende, Executive Director
Northwest Neighborhood Environmental Organization
802 Loudon Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Shende:
I am enclosing copy of Ordinance No. 34220-040599 authorizing execution of Amendment
No. I to the 1998-99 Subgrant Agreement between the City and the Northwest
Neighborhood Environmental Organization, Inc., dated July 1, 1998, for funding the "New
Gilmer Phase r' Project and Gilmer Plan. The abovereferenced measure was adopted by
the Council of the City of Roanoke at a regular meeting which was held on Monday, April
5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Glenn D. Radcliffe, Director, Human Development
Diane S. Akers, Budget Administrator, Office of Management and Budget
H. Daniel Pollock, Jr., Coordinator, Housing Development
Charles A. Harlow, Grants Monitor, Office of Grants Compliance
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34220-040599.
A RESOLUTION authorizing execution of Amendment No. 1 to the 1998-99
Subgrant Agreement between the City and the Northwest Neighborhood Environmental
Organization, Inc. ("NNEO"), dated July 1, 1998, for funding of the "New Gilmer Phase I"
Project and Gilmer Plan.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or Assistant City Manager is hereby authorized, for and on
behalf of the City, to execute Amendment No. 1 to the Subgrant Agreement between the City
and the Northwest Neighborhood Environmental Organization, Inc. ("NNEO"), dated July
1, 1998, for funding of the "New Gilmer Phase I" Project and Gilmer Plan, said Amendment
No. 1 to provide for reimbursement to NNEO for acquisition of the property located at 532
Loudon Avenue, N.W., the costs of removing an underground storage tank and additional
asbestos assessments at 532 Loudon Avenue, N.W., as more particularly set out in the report
to this Council dated April 5, 1999.
2. The amendment shall be approved as to form by the City Attorney.
ATTEST:
H XREShR-A-NNEO3
City Clerk.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 7, 1999
File #60-178
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34219-040599 amending and reordaining certain
sections of the 1998-99 Grant Fund Appropriations, providing for transfer of $60,000.00,
in connection with funding of the "New Gilmer Phase I" Project and Gilmer Plan. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Glenn D. Radcliffe, Director, Human Development
Diane S. Akers, Budget Administrator, Office of Management and Budget
H. Daniel Pollock, Jr., Coordinator, Housing Development
Charles A. Harlow, Grants Monitor, Office of Grants Compliance
N:\CKLO l'~GENDA99L~PRS.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of April, 1999.
No. 34219-040599.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant
Fund Appropriations, and providing for an emergency.
VVHEREAS, 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 1998-99 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
CDBG - Housing $ 3,489,360
Housing 97-98 (1) .......................................... 552,194
CDBG- Unprogrammed $ 163,873
Unprogrammed CDBG 97-98 (2) ............................... 73,491
1) NNEO - 532 Louden
Avenue (035-098-9820-5202) $ 60,000
2) Contingency (035-098-9840-5300) (60,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
April 5, 1999
99-07
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Amendment No. 1 to 1998-99 Agreement with Northwest Neighborhood
Environmental Organization, Inc. (NNEO) for the "New Gilmer Phase I"
Project and Gilmer Plan.
I. Background:
Ao
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).
Bo
For nearly two decades, NNEO has received HUD funding from the City to conduct
housing and other community development projects in the Gilmer neighborhood area.
Co
City Council authorized $339~900 in CDBG and HOME funds for NNEO as part of
the Consolidated Plan Annual Update (Annual Update) approved for submission to
HUD on May 11, 1998, by Resolution No. 33830-051198. These funds were to assist
NNEO's "New Gilmer Phase I" project involving construction of approximately seven
(7) houses, development of neighborhood physical plan and NNEO operating costs.
II. Current Situation:
Ao
532 Loudon Avenue is a commercial property critical to NNEO's long-term plans for
developing the Gilmer neighborhood. NNEO had planned to acquire and rehabilitate
this structure at a later date to provide ten (10) units of special-needs housing.
Another potential buyer was considering the property for an automobile repair shop.
This use would have been incompatible with the neighborhood residential character
NNEO is developing and would have significantly disrupted NNEO's plans.
Co
NNEO obtained a purchase option on the property and, in order to avoid losing the
opportunity, obtained interim private financing to complete the transaction. NNEO is
now seeking the City's financial assistance to take out the interim financing. This will
alleviate the strain on NNEO's resources caused by purchasing the property ahead of
schedule.
Members of Council
Page 2
Do
Uo
$60,000 in CDBG funds has been requested by NNEO, including $49,000 for the
purchase and closing costs, $1,500 for Phase I environmental study, and up to $9,500
for removing an underground storage tank and additional asbestos assessments.
III. Issues:
Authorization from City Council is needed to execute an amendment to the 1998-99
agreement with NNEO in order to allow reimbursement of the costs indicated above.
A. Cost to the City.
B. Impact on neighborhood revitalization.
C. Impact on special needs housing.
D. Timing.
IV. Alternatives:
m. 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 NNEO Subgrant
Agreement (similar in form and content to Attachment A), approved as to form
by the City Attorney; and
2. Authorize the transfer of $60,000 in CDBG funds as follows:
$60,000 from CDBG Contingency Funds account 035-098-9840-5300
to NNEO Project account 035-098-9820-5202
ao
Cost to the City will be $60,000 in CDBG funds. The funds are currently
available in the account indicated above.
Impact on neighborhood revitalization by providing this assistance will be
positive, avoiding unanticipated drains on NNEO's limited resources.
NNEO will, thus, be in a stronger financial position to obtain the private
funding needed to conduct other housing projects.
Impact on special needs housine would be positive. Such housing is an
important, growing need of the City and is one of the priorities of the
Consolidated Plan. NNEO's purchase of the property will benefit the
community and help to achieve Consolidated Plan goals by the addition of
ten units of affordable, special needs housing.
Members of Council
Page 3
do
Timing is important in that NNEO has begun repayment of interest on the
line of credit used for the purchase of the property. Action now by the
City will save NNEO funds which can be put toward other community and
organizational needs.
Bo
Do not authorize the City Manager or the Assistant City Manager to execute
Amendment No. 1 to the 1998-99 NNEO Subgrant Agreement; and
2. Do not authorize the transfer of $60,000 in CDBG funds.
3. a. Cost to the City would not be an issue.
bo
Impact on neighborhood revitalization would be negative in that NNEO's
ability to undertake additional housing and community projects would be
reduced due to costs of repaying the line of credit.
Impact on special needs housing could be negative in that the continued
strains on NNEO's resources could delay the project. However, if not
provided to NNEO, the $60,000 could fund other projects.
d. Timing would not be an issue.
V. Recommendation:
It is recommended that City Council concur with Alternative A, which would:
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 NNEO Subgrant
Agreement (similar in form and content to Attachment A), approved as to form
by the City Attorney; and
2. Authorize the transfer of $60,000 in CDBG funds as follows:
$60,000 from CDBG Contingency Funds account 035-098-9840-5300
to NNEO Project account 035-098-9820-5202
Respectfully submitted,
W. Xl~bert Herbert
City Manager
Members of Council
Page 4
WRH: feb
Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Human Development
Budget Administrator
Housing Development Coordinator
Office of Grants Compliance
Executive Director, NNEO
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 Northwest Neighborhood Environmental Organization, Inc. (the Subgrantee).
WITNESSETH:
WHEREAS, by Resolution No.33875-061598, Roanoke City Council approved the 1998/99 Community
Development Block Grant (CDBG) program and, by Ordinance No.33874-061598, appropriated funds
therefor; and
WHEREAS, by Resolution No. 33877-061598, Roanoke City Council approved the 1998/99 HOME
Investment Partnerships (HOME) program and, by Ordinance No. 33876-061598, appropriated funds
therefor; and
WHEREAS, by Resolution No. 34001-090898 Roanoke City Council approved the execution of a
subgrant agreement ("Agreement") between the Grantee and the Subgrantee; and
NOW THEREFORE, the Grantee and the Subgrantee do mutually agree to amend the Agreement as
follows
Part 1., SCOPE OF SERVICES, Section a., "New Gilmer Phase I Project," shall be revised to
include a new subsection "(6), 532 Loudon Avenue, NW," which shall read as follows:
(6) 532 Loudon Avenue, NW -- Up to the limits of the funds provided under this Agreement
for such purposes, the Grantee shall reimburse the Subgrantee for the purchase and
closing costs and costs of a Phase I environmental assessment, removing an underground
storage tank located at the southwest corner of the property, and additional asbestos
assessments associated with the acquisition of 532 Loudon Avenue, NW.
Attachment A ("1998/99 NNEO CDBG/HOME Agreement Financial Accounts") of the
Agreement is revised to include funding for 532 Loudon Avenue, NW. Specifically, as shown
on the revised Attachment A included with this Amendment No. 1, $60,000 in "project funds"
have been added.
The Agreement shall remain unchanged in all other terms and provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
hereinabove written:
ATTEST: FOR THE GRANTEE:
By By
Mary F. Parker, City Clerk
City Manager/Assistant City Manager
Page 1 of 3
ATTEST:
By
Louise J. Penn, Secretary
FOR THE SUBGRANTEE:
By
Susheela Shende, Executive Director
APPROVED AS TO HOME ELIGIBILITY
APPROVED AS TO FORM
Office of Grants Compliance
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
Assistant City Attorney
Date
Account #
Director of Finance
(See Attachment A)
Page 2 of 3
Attachment A
1998/99 NNEO CDBG/HOME Agreement
("New Gilmer Phase I" and "Gilmer Plan")
Financial Accounts
Account # Description Project Support Admin Total
CDBG Funds:
035-099-9921-5064 Gilmer Plan 10,000 10,000
035-099-9920-5065 New Gilmer Phase I 154,900 154,900
035-098-9820-5202 a. 532 Loudon Avenue 60,000 60,000
Total Activity 214,900 214,900
Total CDBG Funds 224,900 224,900
I
Account # I Description Project Support Operating Total
HOME/CHDO Funds:
035-090-5303-5343 New Gilmer Phase I 1,659 1,659
035-090-5305-5343 New Gilmer Phase I 4,000 4,000
035-090-5306-5343 New Gilmer Phase I 144,341 144,341
Total Activity 150,000 150,000
035-090-5305-5344 CHDO Operating 1,645 1,645
035-090-5306-5344 CHDO Operating 23,355 23,355
Total Activity 25,000 25,000
Total HOME/CHDO Funds 150,000 25,000 175,000
I TOTAL CDBG and home/CHDO FUNDS
Page 3 of 3
Office of the City Manager
March 31, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Subject: Amendment No. 1 to the 1998-99 CDBG/HOME Agreement with
Northwest Neighborhood Environmental Organization (NNEO)
Dear Mayor Bowers and Members of City Council:
This briefing letter addresses Council Report 99-07, on the above subject, which you will
consider at the regular weekly session to be held April 5, 1999.
Some months ago, Susheela Shende, NNEO's Executive Director, was seeking $60,000
to purchase a commercial property at 532 Loudon Avenue, NW. This property was critical to
NNEO's housing plans for that area. Ms. Shende was on an urgent timeline and might have lost
her option to buy the property if assistance was not obtained quickly. Another potential buyer was
waiting in the wings who would have used the property for an automotive shop. This would have
up-ended much of NNEO's plans for this area.
At the time, based on staff recommendations to me, we informed Ms. Shende that we were
willing to submit to City Council an amendment to NNEO's "New Gilmer" contract to reimburse
the costs of acquiring the property. (This agreement is funded by Community Development Block
Grant (CDBG) and HOME Investment Partnerships (HOME) funds.) We advised her that
approval could not be guaranteed and that NNEO's purchase of the property through its line of
credit with a local bank was solely at NNEO's own risk. Given the significance of the property
to its future plans, NNEO felt it had little choice but to move ahead, in the hope that Council
would approve.
NNEO's need for City assistance arises from the "emergency" nature of acquiring this
property. Since this acquisition was not in NNEO's immediate plans, it does not have the funds
to absorb the $60,000 in costs involved. Using its line of credit was only an interim measure, and
the funds drawn upon will have to be repaid. Should you choose not to approve this request,
NNEO will, of course, seek other means to finance the repayments. However, we believe this
effort on NNEO's part is for the greater good of the community and thus merits your support and
approval. We hope you will see fit to take this action when the matter reaches you at the April
5th meeting.
Room 364 Municipal Soutl~ 215 Church Avenue. S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb :www. ci.roanoke.va us
Mayor and Members of Council
March 31, 1999
Page 2
I hope this letter assists your decision-making on this matter.
have questions.
Sincerely,
W. Robert Herbert
City Manager
Please contact me if you
WRH: FEB
c: ,/'l(,lary F. Parker, City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
April 7, 1999
Sandra H. Eakin
Deputy City Clerk
File #60-192-472
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am enclosing copy of Ordinance No'. 34222-040599 authorizing the City Manager's
issuance of Change Order No. 1, in the amount of $25,819.00, to the City's contract with
Landis & Staefa, Inc., for replacement of fire alarm and temperature control systems at the
Roanoke Civic Center. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
Michael Hubbard, Operations Manager, Landis & Staefa, Inc., cio Siemens Building
Technologies, Inc., Landis Division, 1255 Trapper Circle, N. W., Roanoke, Virginia
24012
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Grisso, Director of Finance
William F. Clark, 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
H:~AGENDA99~,PRS.WPD
W. Robert Herbert
April 7, 1999
Page 2
pc:
Ellen S. Evans, Construction Cost Technician
Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
D. Darwin Roupe, Manager, Supply Management
James M. Evans, Manager, Roanoke Civic Center
H:~.GENDA99~APRJ.WPD
IN THECOUNCILOFTI-IECITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34222-040599.
AN ORDINANCE authorizingthe City ManagefsissuanceofChange O~erNo. ltothe
City's contract with Landis & Staefa, Inc., for the replacement of the fire alarm and temperature
control systems at the Roanoke Civic Center; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is authorized to execute for and on
behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's
contract with Landis & Staefa, Inc., for the replacement of the fire alarm and temperature control
systems at the Roanoke Civic Center, all as more fully set forth in the report to this Council dated
April 5, 1999.
2. The Change Order will provide authorization for additions in the work with an
increase in the amount of $25,819 to the original contract dated December 15, 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.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 7, 1999
File #60-192-472
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34221-040599 amending and reordaining certain
sections of the 1998-99 Capital Projects Fund Appropriations, providing for transfer of
$25,819.00, in connection with Change Order No. 1 to the City's contract with Landis &
Staefa, Inc., for replacement of fire alarm and temperature control systems at the Roanoke
Civic Center. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
W. Robert Herbert, City Manager
William F. Clark, 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
H:~AGENDA99~,APRS.WPD
James D. Grisso
April 7, 1999
Page 2
pc:
Ellen S. Evans, Construction Cost Technician
Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
D. Darwin Roupe, Manager, Supply Management
James M. Evans, Manager, Roanoke Civic Center
N:\CKLO I~AGENDA99kAPRS.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of April, 1999.
No. 34221-040599.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital
Projects Fund, and providing for an emergency.
VVHEREAS, 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 1998-99 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ADDropHations
Other Infrastructure $ 23,217,663
Replace Fire and Temperature Controls - Civic Center (1) ........ 730,319
Capital Improvement Reserve 11,180,929
Public Improvement Bonds Series 1996 (2) .................... 2,619,140
1 ) Appropriated from
Bond Funds (008-056-9655-9001) $ 25,819
2) Buildings (008-052-9701-9183) (25,819)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
April 5, 1999 ....
Council Report No. 99~117
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
CHANGE ORDER NO. 1
ROANOKE CIVIC CENTER
REPLACE FIRE ALARMS AND TEMPERATURE CONTROLS
BID NO. 97-10-12
Back.qround on the subject in chronological order is as follows:
A. Contractor is Landis & Staefa, Inc., Roanoke office.
B. Contract amount was $624,888.00.
C. Contract consists of the replacement of mechanical and electrical control,,; on
the heating/cooling systems of the Civic Center. It also consists of replacing,
updating and supplementing the present fire alarm control system.
II.
Current situation is as follows:
The followin.q chan~es have been made to the ori.qinal contracl due to a
difference in the interpretation of the codes that apply to fire suppression
systems and the project specifications:
Add six (6) additional exit lights
$1,068.O0
2. Add office strobe light
$293.00
Add strobe light in men's dressing room
$293.OO
Add strobe light in mechanical room - A-407
$364.OO
o
Add strobe light in men's lounge - A313
$293.00
Replace thermostat destroyed by circus elephant
$97.00
Add two (2) additional control valves
$1,741.00
Honorable Mayor and Members of City Council
CHANGE ORDER NO. 1
ROANOKE CIVIC CENTER
REPLACE FIRE ALARMS AND TEMPERATURE CONTROLS
BID NO. 97-10-12
April 5, 1999
Page 2
Replace gate valve
$2,O95.OO
Add one (1) additional gate valve
$789.00
Four (4) additional strobe lights in Exhibit Hall
$2,983.00
10.
Add two (2) pressure sensors
$1,045.00
11.
Additional labor and supervision for completion of the chill water system
94,983.00
12.
Graphical interface to the existing fire alarm system
99,775.00
Total of Chanqe Order No. 1 is 925,819.00.
No additional time has been requested for these changes. This will complete
the project. No further contingency funding will remain in the project account.
III.
Issues in order of importance are as follows:
A. En.q neerin.q concerns
B. Funding
C. Time of completion
IV.
Alternatives in order of feasibility are as follows:
Ao
Approve the issuance of Chan.qe Order No. 1 to the contract with Landis 8,
Staefa, Inc. in the amount of 925,819.00 and no additional construction time.
1. Engineering concerns as previously described would be met.
Fundin.q is available in the 1996 bond fund 008-052-9701-9183.
Approve the transfer of funding to project account number 008~056-
9655-9001.
3. Time of completion will not change.
Honorable Mayor and Members of City Council
CHANGE ORDER NO. 1
ROANOKE CIVIC CENTER
REPLACE FIRE ALARMS AND TEMPERATURE CONTROLS
BID NO. 97-10-12
April 5, 1999
Page 3
Reject the issuance of Chanqe Order No. 1.
Engineering concerns would not be met.
Funding of the contract amount would not change.
Time of completion would not change.
V. Recommendation is as follows:
City Council concur in alternative "A" and take the following actions:
Authorize the City Manager to issue Chan.qe Order No. 1 with Landis & Staefa,
Inc. in the amount of $25,819.00 and no additional construction time. The total
contract amount would then be $650,707.00.
Authorize the Director of Finance to transfer $25,819.00 from the 1996 bond
fund, account number 008-052-9701-9183, to project account number 008-
056-9655-9001.
Respectfully submitted,
City Manager
WRH/LBC/bs
Attachments
C'
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
Manager, Civic Center
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 7, 1999
File #2-60-207-450
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 34224-040599 providing for acquisition of certain
real estate located in the City and identified as Official Tax No. 7320101, upon certain
terms and conditions; and authorizing the City to petition for rezoning of said property. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Diane S. Akers, Budget Administrator, Office of Management and Budget
Phillip F. Sparks, Chief, Economic Development
N:\CKLO I~AGENDA99~PRS.WPD
W. Robert Herbert
April 7, 1999
Page 2
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
N :\CKLO I'~A. GENDA99'~AP R5 .WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34224-040599.
AN ORDINANCE providing for the acquisition of certain real estate located in the
City and identified by Roanoke City Tax Map No. 7320101, upon certain terms and
conditions; authorizing the City to petition for rezoning of said property; and providing for
an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For economic development purposes, the City wants and needs fee simple title
to a tract of land located in the City and identified by Roanoke City Tax Map No. 7320101
consisting of approximately 56 acres. The proper City officials are authorized to acquire for
the City from the owner the fee simple title to said real estate for consideration of $12,300
per acre, subject to the conditions set forth in the report to Council dated April 5, 1999,
including, but not limited to, the rezoning of the said property from RA to LM.
2. The City Manager is hereby authorized to execute for and on behalf of the City
a Purchase Agreement between the City and Emma Read Oppenhimer, the terms and
conditions of which are more particularly described in the report to Council, dated April 5,
1999. The Director of Finance is authorized to pay the necessary deposit of $5,000 to be
applied to the purchase price pursuant to the Purchase Agreement.
3. The appropriate City officials are authorized to petition for rezoning of the
property from RA to LM and procure the necessary survey. The City Attorney is authorized
to procure title search services and title insurance as to the subject tract of land.
4. Upon delivery to the City of a deed, approved as to form and execution by the
City Attorney, the Director of Finance is directed to pay the consideration to the owner,
certified by the City Attorney to be entitled to the same.
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-OPEN
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 7, 1999
File #2-60-207-450
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34223-040599 amending and reordaining certain
sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation
of $710,000.00, in connection with the City's acquisition of certain property located on
Read Mountain adjacent to the Roanoke Centre for Industry and Technology for industrial
development purposes. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Diane S. Akers, Budget Administrator, Office of Management and Budget
Phillip F. Sparks, Chief, Economic Development
N:\CKLO 1 ~AGENDA99'xAPR5 WPD
James D. Grisso
April 7, 1999
Page 2
pc~
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
N:\CKLO 1 ~AGENDAg~'~,PP~. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of April, 1999.
No. 34223-040599.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital
Projects Fund Appropriations, and providing for an emergency.
VVHEREAS, 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 1998-99 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
General Government
RCIT - Read Mountain Addition (1) ...........................
Fund Balance
Unappropriated -
1) Appropriated from
General Revenue
2) Unappropriated-
Fund Balance
Fund Balance (2) ........................... $
(008-056-9699-9003)
(008-3325)
$ 710,000
(710,000)
$ 17,821,523
710,000
2,187,876
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
April 5, 1999
Council Report No. 99-300
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: PROPERTY RIGHTS ACQUISITION
READ MOUNTAIN PROPERTY
Background in chronological order is as follows:
The Roanoke Centre for Industry and Technology (RCIT), has been
extremely successful in encouraging industry to locate in the City of
Roanoke.
The original site has been supplemented by additional land acquisitions
when the opportunity arose.
Co
Emma Read Oppenheimer owns approximately 56 acres of land on Read
Mountain adjacent to RCIT, identified by Tax Map No. 7320101.
II.
Current Situation is as follows:
The City of Roanoke has been negotiating with the property owner
concerning the purchase of this property by the City for industrial
development purposes.
Bo
A Purchase Agreement providing for the acquisition of the property by the
City for $12,300 per acre, or approximately $688,800, has been drafted
(see attached). A deposit of $5,000, to be applied to the purchase price,
is required.
Meetings have been held with five (5) families in the immediate vicinity of
the project by Chief of Economic Development, Phil Sparks, to explain the
City's interest in the land. All parties have either been supportive or have
voiced no opposition.
Honorable Mayor and City Council
PROPERTY RIGHTS ACQUISITION
READ MOUNTAIN PROPERTY
April 5, 1999
Page 2
Do
Authorization is needed to move forward with execution of the purchase
agreement, petition for rezoning from RA to LM, appropriation of funding,
surveying, title search, document preparation, and execution of the deed
for the acquisition of the fee simple property rights.
III.
Issues in order of importance are:
A. Need
B. Timing
C. Funding
IV.
Alternatives in order of feasibility are:
City Council authorizes the City Manager to take appropriate action in
order to accomplish the fee simple acquisition of the property identified by
Tax Map No. 7320101, subject to rezoning, in a form acceptable to the
City Attorney. Purchase price will be $12,300 per acre, based on a metes
and bounds survey acceptable to both the property owner and the City of
Roanoke.
1. Need for the property is met.
2. Timing to allow acquisition of property as soon as possible is met.
Funding of $710,000 needs to be appropriated from Undesignated
Capital Funds to an account to be established by the Director of
Finance entitled "RCIT - Read Mountain Addition". This amount will
fund the property acquisition and associated costs.
Bo
City Council does not authorize the City Manager to take appropriate
action in order to accomplish the fee simple acquisition of the property, in
a form acceptable to the City Attorney.
1. Need for the property is not met.
Honorable Mayor and City Council
PROPERTY RIGHTS ACQUISITION
READ MOUNTAIN PROPERTY
April 5, 1999
Page 3
Timing to allow acquisition of property as soon as possible is not
met.
Funding will remain in the Undesignated Capital Fund.
V. Recommendation is as follows:
City Council concurs with alternative "A" and authorizes the following:
Authorize the City Manager or the Assistant City Manager and the City
Clerk to execute and attest, respectively, the necessary documents in a
form approved by the City Attorney, including the enclosed Purchase
Agreement, and, subject to the conditions therein, acquire this property
identified by Tax Map No. 7320101.
Appropriate $710,000 from Undesignated Capital Funds to an account to
be established by the Director of Finance entitled "RCIT - Read Mountain
Addition".
Authorize the City Manager to petition for rezoning of the property from
RA to LM, and the procurement of a survey, testing, and title report.
Respectfully submitted,
W.'~be~"~HHerbe~g~
City Manager
WRH/KBK/SEF
CC:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Budget Administrator
Chief, Economic Development
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
COMMERCIAL-INDUSTRIAL
PURCHASE AGREEMENT
This PURCHASE AGREEMENT MADE AS OF .J'~ ~ ,~ c/) , 19_~_~between Emma Read
OoDenhimer, (the "Seller"), and City of Roanoke. Viroinia. a municipal Cor'ooration omanized
existino under the laws of the Commonwealth of Virqinia (the "Purchaser"), through Waldvogel, Poe
& Cronk Real Estate Group, Inc., REALTOR®/AGENT hereinafter referred to as the ( x ) Listing Agent
and/or ( x ) Selling Agent.
1. REAL PROPERTY: Purchaser agrees to buy and Seller agrees to ~ell the land, all improvements
thereon located in the City of Roanoke, Virginia and described as (follows): That aoDroximatelv 56 ±
acres known as Read Mountain oarcel as identified bv City of Roanoke Tax Mao #7320101. The exact
size shall be determined bv a metes and bounds survey to be oreDared bv a licensed surveyor et the
sole exDense of the Purchaser.
2. PURCHASE PRICE: The Purchase Price of the Property (the "Purchase Price") shall be $12,300.00
per acre or a total of Six Hundred Eiohtv-eioht Thousand. Eioht Hundred and NO/100 Dollars
($688.800.00)*, which shall be paid to Seller at settlement from the following sources:
$ 5.000.00
(A) DEPOSIT: The Purchaser has made a deposit of Five Thousand and NO/lO0
Dollars ($5.000.00) ("Deposit") with the Selling Agent by check, receipt of
which is hereby acknowledged. The Deposit shall be1~taced in a special escrow
account of the Selling Agent. The Purchaser and the Seller direct the Selling
Agent to place the Deposit in an escrow account, which may be an interest
bearing account, and waive any claim to interest resulting from such Deposit.
The Deposit shall be held in escrow until (I) credited toward the Purchase Price
at settlement; (ii) all parties have agreed in writing as to its disposition; (iii) a
court of competent jurisdiction orders disbursement and all appeal periods have
expired; (iv) disposed of in any other manner authorized by the Virginia Real
Estate Board; (v) deposit shall be refunded to Purchaser if all contingencies are
not satisfied, or (vi) paid to the Seller if Purchaser notifies Seller by March 15,
1999, that conditions were found that render the Property unsuitable to the
Purchaser's proposed use.
(B) FINANCING TERMS:
$683.800.00
(C) BALANCE OF THE PURCHASE PRICE: To be paid by Purchaser in cash,
cashier's check, certified check or wire transfer funds at settlement.
$688,800.00
*TOTAL PURCHASE PRICE
*The Total Purchase Price shall be adjusted at time of settlement based on a metes and bounds survey
acceptable to both the Purchaser and Seller. The adjustment shall reflect a per acre price of Twelve
Thousand Three Hundred and NO/100 Dollars ($12,300.00).
3. TITLE: Seller shall convey the property to Purchaser by a general warranty deed containing English
covenants of title, free of all encumbrances, tenancies except as specified herein and liens but subject
to such restrictive covenants and any easements of record which do not affect adversely or impair the
use of the property for its intended purposes or render the title unmarketable. If the examination
reveals a title defect of a character that can be remedied by legal action or otherwise within a
reasonable time, Seller, at its expense, shall promptly take such action as is necessary to cure such ~j~'
defect. The parties agree that the settlement date prescribed in paragraph (4) shall be extended tf
necessary to enable Seller to cure any title defect within a reasonable time. The Purchaser mu~t be
able to obtain satisfactory title insurance at standard rates.
Page 1 of 4
1/6/99 Please initial: Purchaser
/
Seller /"~ ~
4. SETTLEMENT AND POSSESSION: Settlement shall be made at offices of Purchaser's Attorney on
or about ~;3_(}~_!.~_,~. Possession of the Property shall be given at settlement, unless otherwise
agreed in writing by the parties.
5. EXPENSES AND PRORATIONS: Seller agrees to pay the expense of preparing the deed, Seller's
settlement fee, and the recordation tax applicable to Grantors. Except as otherwise agreed herein, all
other expenses shall be incurred by the Purchaser in connection with the purchase. All taxes,
assessments, interest, rent and other ownership fees, if any, shall be prorated as of the date of
settlement.
6. RISK OF LOSS: All risk of loss or damage to the Property by fire, windstorm, casualty or other
cause, or taking by eminent domain is assumed by Seller until settlement. In the event of a substantial
loss or damage to the Property before settlement, Purchaser shall have the option of either
(I) terminating this Purchase Agreement and recovering the deposit, or (ii) affirming this Purchase
Agreement, in which event Seller shall assign to Purchaser all the Seller's rights under any applicable
policy or policies of insurance and any condemnation awards and pay over to Purchaser any sums
received as a result of such loss or damage up to the amount of the sales price less the value of real
estate to be conveyed to the Purchaser.
7. DEFAULT: If either Seller or Purchaser defaults under this Purchase Agreement, the defaulting
party shall be liable for damages, the amount of damages, if any, shall be limited to the amount of
deposit.
8. PROPERTY CONDITION AND INSPECTIONS: The Purchaserj'na_y at it.s. ej~ense have such physica
and environmental inspections, surveys or other tests performe~a~s~eqP~ce~~ ~"~'f~adver-~-
conditions are found, the Seller can either remedy the conditl~on d~_r!.qg thc ~-~p~;.iu,, F~=.;vd or tl~
Purchaser can waive the defect and settle or terminate the Purchase Agreement without penalty if the
Seller does not choose to remedy the condition. At settlement, the Property must be in substantially
the same condition with no condemnation, investigations or litigation pending or threatened affecting
the Property. The Purchaser shall have the right to have any and all inspections made at its expense
during the first sixty (60) days following the date on which this Purchase Agreement is executed by
the last party to execute it (the "Inspection Period"). Should the Purchaser choose to terminate this
Purchase Agreement during the Inspection Period, it may do so by written notice thereof received by
Seller or Seller's Agent on or before the expiration of the Inspection Period, in which event the
Purchaser's deposit shall be retained by Seller. Should no such written notice be received by the Seller
or Seller's Agent on or before the expiration of the Inspection Period, the Purchaser shall accept the
Property in its present as is condition.
9. BROKERAGE FEE: Seller represents that it has agreed that the Listing Agent will be compensated
for services outlined in the Listing Agreement between the Seller and Listing Agent. Seller hereby
authorizes and directs the Settlement Agent to disburse to the Listing Agent from the Seller's proceeds
compensation as outlined in the Listing Agreement. All brokerage fees are sole responsibility of Seller
and is earned only at settlement.
building or structure to file a lien against the Property. This lien may be filed at any time after the work
is commenced or the material is furnished, but no later than the earlier of (I) 90 days from the last day
of the month in which the lienor last performed work or furnished materials or (ii) 90 days from the
time of construction, removal, repair or improvement is terminated. AN EFFECTIVE LIEN FOR WORK
PERFORMED PRIOR TO THE DATE OF SETTLEMENT MAY BE FILED AFTER SETTLEMENT. LEGAL
COUNSEL SHOULD BE CONSULTED. Seller to provide Mechanic's Lien Waiver Affidavit satisfactory
to Purchaser's Title Insurance Company in order to remove Mechanic's Lien exception.
10. MECHANIC'S LIEN DISCLOSURE: Virginia law (§42-1 et seq.) permits persons who have
performed labor or furnished materials for the construction, removal, repair or improvement of any
1/6/99
Page 2 of 4
Please initial: Purchaser
. /
Seller /~____~:~
11. AGENCY DISCLOSURE: REALTORS® ARE REQUIRED BY LAW AND THEIR CODE OF ETHICS TO
TREAT ALL PARTIES TO THE TRANSACTION HONESTLY. The Seller and the Purchaser each confirm
that disclosure of the agency relationships described below has been made in writing. (Check either
A, B, C or D below.)
A. X
The Seller and the Purchaser confirm that in connection with the transaction
described by this Purchase Agreement, the Listing Agent and its principal
and/or supervising broker and the Selling Agent and its principal and/or
supervising broker are acting on behalf of the Seller as Seller's Agent.
The Seller and the Purchaser confirm that in connection with the transaction
described by this Purchase Agreement, the Listing Agent and its principal
and/or supervising broker are acting on behalf of the Seller as the Seller's
Agent and the Purchaser's Agent and its principal and/or supervising broker are
acting on behalf of the Purchaser as the Purchaser's Agent.
Do
The Seller and the Purchaser confirm that in connection with the transaction
described by this Purchase Agreement, the Seller's Listing Agent, Purchaser's
Agent, and the firm's principal and/or supervising broker represent the Seller
and the Purchaser and are Disclosed Dual Agents. As Disclosed Dual Agents,
they cannot fully represent either party. These responsibilities are defined in
the Dual Agency Consent and Confirmation Agreement which has been
reviewed and signed prior to signing the Purchase Agreement.
The Seller and the Purchaser confirm that in connection with the transaction
described by this Purchase Agreement, the firm's principal and/or supervising
broker has assigned to act on behalf
of the Seller as the Designated Seller's Agent and
to act on behalf of the Buyer as the Designated Buyer's Agent. The firm's
principal and/or supervising broker reserves the right to assign another
Designated Agent, if needed. The principal and/or supervising broker will act
as a Disclosed Dual Agent of both the Seller and Purchaser clients and cannot
fully represent either party. The responsibilities are defined in the Designated
Agency Consent and Confirmation Agreement which has been reviewed and
signed prior to signing the Purchase Agreement.
12. EQUAL OPPORTUNITY: The Seller and Purchaser acknowledge that in the sale, purchase or
exchange of real property, AGENTS have the responsibility to offer equal service to all clients and
prospects without regard to race, color, religion, national origin, sex, elderliness, familial status or
handicap.
13. FACSIMILES: The Purchase Agreement may be signed in one or more counterparts, each of
which is deemed to be an original, and all of which shall together' constitute one of the same
instrument. Documents obtained via facsimile machines shall also be considered as originals.
14. ATTORNEY'S FEES: In any action or proceeding involving a dispute between the Purchaser, the
Seller and/or the Agent, arising out of this Purchase Agreement, or to collect the Brokerage Fee, the
prevailing party shall be entitled to receive from the other party reasonable attorney's fees to be
determined by the court or arbitrator(s).
15. ENVIRONMENTAL WARRANTIES: Seller represents and warrants that to its actual knowledge,
information and belief, no unlawful toxic substances, hazardous substances or hazardous waste ~,~
materials regulated under any applicable Federal, state, or local laws have been produced, used, stored,
or disposed upon the Property in violation of applicable laws and regulations. Purchaser has permission
to commission an environmental audit of the Property during the Purchaser's Inspection Period, the
scope of which will be determined by Purchaser, and if in Purchaser's sole opinion the environmental
Page 3 of 4
1/6/99 Please initial: Purchaser
audit indicates that the Property presents any environmental concern, Purchaser may terminate this
Purchase Agreement as provided in paragraphs 8 and 16 hereof.
16. ADDITIONAL TERMS: This Purchase Aareement is continaent upon the following conditions
beina acceotable to Purchaser: Purchaser at Purchaser's sole expense rezonina the Real ProDertv to
a zoning classification that meets the Purchaser's future needs. Purchaser aarees to Proceed with 1;he
rezonina Drocess immediately followina full execution of this Purchase Aareement. Should the
Purchaser fail to proceed with the rezonina process bv filing an aDolication with the City of Roanoke
Plannina Commission on or before March 19. 1999. this Purchase Aareement shall be voidable bv 1;he
Seller. Further. Purchaser may conduct, at Purchaser's sole expense, environmental, archeolo(~ical, and
aeoloaical testina during the InsPection Period. If the Purchaser finds conditions unfavorable to
Purchaser's DroDosed use of the Property. the Purchaser shall have the ootion of notifvina the Seller
on or before the exDiration of the Inspection Period. voidina this Purchase Aareemenl; and Iosin(~
$5,000.00 deposit.
WITNESS the following duly authorized signatures and seals:
BY: .(SEAL) BY: ~/~
PURCHASER/DATE
ITS: (SEAL) ITS:
(SEAL)
FEDERAL TAX IDENTIFICATION NUMBER
FEDERAL TAX IDENTIFICATION NUMBER
LISTING AGENT:
SELLING AGENT:
1/6/99
Page 4 of 4
Please initial: Purchaser~/~
Seller /~--~
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 8, 1999
File #60-472
Wayne E. Williams, Fleet Manager
Magic City Motor Corporation
P. O. Box 12807
Roanoke, Virginia 24028
Jesse B. Sellers, Jr., Sales Manager
Berglund Ford, Inc.
834 East Main Street
Salem, Virginia 24153
Gentlemen:
I am enclosing copy of Resolution No. 34225-040599 accepting the bids of Magic City
Motor Corporation for 5 new 4-door sedans, in the amount of $70,718.00, and 3 new 4-
door sedans for police services, in the amount of $48,655.20; and Berglund Ford, Inc., for
1 new 4-wheel drive utility vehicle, in the amount of $21,454.25; and rejecting all other bids
made to the City for the vehicles. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday, April 5,
1999.
MFP:Io
Enclosure
pc:
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
James A. McClung, Manager, Fleet Management
D. Darwin Roupe, Manager, Supply Management
Barry L. Key, Manager, Office of Management and Budget
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 8, 1999
File #60-472
SANDRA H. EAKIN
Deputy City Clerk
Wayne E. Williams, Fleet Manager
Magic City Motor Corporation
P. O. Box 12807
Roanoke, Virginia 24028
Jesse B. Sellers, Jr., Sales Manager
Berglund Ford, Inc.
834 East Main Street
Salem, Virginia 24153
Stan Mooney, Fleet Manager
Pinkerton Chevrolet, Inc.
925 N. Electric Road
Salem, Virginia 24153
Ken Spangler, Sales Manager
Berglund Chevrolet, Inc.
P. O. Box 12608
Roanoke, Virginia 24027
Bob Kaplan, Vice President
Dominion Car Company
1259 E. Main Street
Salem, Virginia 24153
Gentlemen:
I am enclosing copy of Resolution No. 34225-040599 accepting the bids of Magic City
Motor Corporation for 5 new 4-door sedans, in the amount of $70,718.00, and 3 new 4-
door sedans for police services, in the amount of $48,655.20; and Berglund Ford, Inc., for
I new 4-wheel drive utility vehicle, in the amount of $21,454.25; and rejecting all other bids
made to the City for the vehicles. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday, April 5,
1999.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed vehicles.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34225-040599.
A RESOLUTION accepting bids made to the City for furnishing and delivering vehicles upon
certain terms and conditions; and rejecting all other bids made to the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bids in writing of the following named bidders to furnish to the City the items
hereinafter set out and generally described, such items being more particularly described in the City's
specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the
purchase price set out with each item:
Item Quantity and Description Successful Bidder Total Purchase
Number
Price
1 1 new 4-wheel drive utility vehicle Berglund Ford, Inc. $21,454.25
2 5 new 4-door sedans Magic City Motor Corporation. $70,718.00
3 3 new 4-door sedans for police services Magic City Motor Corporation $48,655.20
2. The City's Manager of Supply Management is hereby authorized to issue the requisite
purchase orders and related documents therefor, incorporating into said orders the City's
specifications, the terms of said bidders' proposals and the terms and provisions of this Resolution.
3. Any and all other bids made to the City for the aforesaid procurement are hereby
REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the
City's appreciation for such bid.
ATTEST:
City Clerk.
II
Honorable David A. Bowers, I~yc~' :':!'~
and Members of City Council
Roanoke, Virginia
April 5, 1999
Council Report No. 99-331
Dear Mayor Bowers and Members of Council:
SUBJECT: Bids to Purchase Vehicular
Equipment, Bid No. 99-2-7
Back rog_~__~_d_ on the subject in chronological order is:
Current Year Capital Maintenance and Equipment Replacement Progran,
has identified the need to replace some vehicles in Building Inspections,
Public Works, Social Services and Police Departments.
Specifications were developed and along with Request for Quotations were
specifically sent to ten (10) automobile dealers currently listed on the City's
bid list. A public advertisement was posted on the City's Bid Board and also
published in The Roanoke Times and The Roanoke Tribune.
Bids were received, after due and proper advertisement. All bids
appropriately received were publicly opened and read in the office of the
Manager of Supply Management.
Current situation is:
Co
.Five (5) bid responses were received. A bid tabulation is attached.
All bids were evaluated in a consistent manner by representatives of Public
Works, Fleet Management, Police and Supply Management.
Bids received were also compared with units that are currently available
under State Contracts.
D. Bid evaluations are as follows:
Item #1 - 1 New 4-wheel Drive Utility Vehicle for Social Services. The
lowest bid, submitted by Pinkerton Chevrolet-GEO, Inc., Salem,
Virginia, took exception to the engine and transmission requirements.
These exceptions are substantial and cannot be waived as
informalities. The second lowest bid, submitted by Berglund
Chevrolet, Inc., Roanoke, Virginia, also took exception to engine and
transmission requirements. These exceptions are substantial and
cannot be waived. The third lowest bid, submitted by Berglund Ford,
Inc., Salem, Virginia, meets all required specifications for a cost of
$21,454.25.
Mayor David A. Bowers and Members of Council
Vehicular Equipment
Bid No. 99-2.7
April 5, 1999
Page 2
III
IV
2. Item #2 - 5 New Intermediate Size 4-Door Sedans for Building
Inspections and Public Works Projects Coordinator. The lowest bid,
submitted by Magic City Motor Corporation, Roanoke, Virginia, meets
all required specifications for a cost of.$14,143.60 per unit.
3. Item #3 - 3 New Intermediate Size 4-Door Sedans for Police Service.
The lowest bid, submitted by Berglund Chevrolet, Inc., took exception
to engine size and tire rating. These exceptions are substantial and
cannot be waived as informalities. The second lowest bid, submitted
by Berlgund Ford, Inc., Salem, Virginia, took exception to tire rating,
power door locks and speed control. These exceptions are
substantial and cannot be waived as informalities. The third lowest
bid, submitted by Magic City Motor Corporation, Roanoke, Virginia,
meets all required specifications for a cost of $16,218.40 per unit.
Issues in order of importance are:
A. _Need
B. Compliance with Specifications
C. Funding
Alternatives in order of feasibility are:
~ authorize the purchase of vehicular equipment as follows:
1. 1-New Mid Size 4-Wheel Drive Utility Vehicle from Berglund Ford, Inc.
for a cost of ~.
_5-New Intermediate Size 4-Door Sedans from Magic City Motor
Corporation for a total cost of ~.
.3-New Intermediate Size 4-Door Sedans for Police Services from
Magic City Motor Corporation for a total cost of ~.
ao
_Need for requested vehicles is to replace existing units that are
old and are experiencing high maintenance cost.
b. Compliance with specifications is met by those bids
recommended in this alternative.
Funding designated for this purchase is available in Fleet
Management account 017-052-2642-9010.
Honorable David A. Bowers and Members of Council
Vehicular Equipment
Bid No. 99-2-7
April 5, 1999
Page 3
V
B. ~ bids.
Need to replace old units that have high maintenance would not be
addressed by this alternative.
Compliance with specifications would not be a factor in this
alternative.
Funding designated for this purchase would not be expended at this
time with this alternative.
Recommendation
A. City Council concur with Alternative "A" to authorize the purchase of
vehicular equipment as follows:
1 - New 4-Wheel Drive Utility Vehicle from Berglund Ford, Inc. for a
total cost of ~.
5 - New 4-Door Sedans from Magic City Motor Corporation for a total
cost of .$70,718.00.
3 - New 4-Door Sedans for Police Services from Magic City Motor
Corporation for a total cost of ~.
,Reject all other bids.
CC:
City Attorney
City Clerk
Director of Finance
Director of Utilities & Operations
Director of Public Works
Director of Public Safety
Manager, Fleet Management
Manager, Supply Management
Management & Budget
Respectfully Submitted,
City Manager
Bid Tabulation
Bids were received, publicly opened and read on February 24, 1999
For
Vehicular Equipment
Bid No. 99-2-7
Item
1-New Mid Size 4-Wheel
Drive Utility Vehicle
delivered F.O.B. Roanoke,
Virginia
5 - New Intermediate Size
4-Door Sedans, delivered
F.O.B. Roanoke, Virginia
3 - New Intermediate Size
4-Door Sedans for Police
Service, delivered F.O.B.
Roanoke, Virginia
Delivery
Magic City Berglund Pinkerton Berglund Dominion State
Motor Ford, Chevrolet- Chevrolet, Dodge Contract
Corporation Inc. GEO, Inc. Inc. Ltd.
$21,484.25 * $21,454.25 $20,949.79 $21,339.28 N/B
No Current
Contract
*$14,143.60 $14,306.90 $16,055.79 $14,452.84 $15,992.69 $17,314.25
ea ea ea ea ea ea
*$16,218.40 $16,087.90 $17,453.27 $15,068.24 N/B $18,316.00
ea ea ea ea ea
60-90 Days
60-90 Days
60-90 Days 60 Days 60-90 Days
Committee:
William F. Clark .'McClung (J D Darwin Roupe -"
* Indicates Recommendation
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #5-60
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34227-040599 authorizing acceptance of a grant,
in the amount of $99,072.00, to the City of Roanoke by Bureau of Justice Assistance of the
United States Department of Criminal Justice Services Discretionary Grant Program; and
authorizing execution of any required documentation on behalf of the City by the City
Manager. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, April 5, 1999.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc;
The Honorable Donald S. Caldwell, Commonwealth's Attorney
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Glenn D. Radcliffe, Director, Human Development
A. L. Gaskins, Chief of Police
HSAGENDA99~PP.5.WPD
W. Robert Herbert
April 8, 1999
Page 2
Mariam K. Alam Stacy, Coordinator, Roanoke Neighborhood Partnership
Charles A. Harlow, Grants Monitor, Office of Grants Compliance
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~AGENDA99~PR$.WPD
IN THE COUNC~ OF THE CITY OF ROANOKE, VIRGIN]&
The 5th day of April, 1999.
No. 34227-040599.
A RESOLUTION authorizing the acceptance of a grant to the City of Roanoke by Bureau
of Justice Assistance of the United States Department of Criminal Justice Services Discretionary
Grant Program; and authorizing execution of any required documentation on behalf of the City by
the City Manager.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City hereby accepts a grant from the Bureau of Justice Assistance of the United
States Department of Criminal Justice Services Discretionary Grant Program in the amount of
$99,072.
2. The City Manager or the Assistant City Manager is hereby authorized to execute, on
behalf of the City, any documentation required in connection with the acceptance of such grant and
to furnish such additional information as may be required by the Bureau, all as more particularly set
forth in the report of the City Manager dated April 5, 1999.
ATTEST:
City Clerk.
H:~IEA~U~
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #5-60
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34226-040599 amending and reordaining certain
sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of
$99,072.00, in connection with the Bureau of Justice Assistance of the United States
Department of Criminal Justice Services Discretionary Grant Program. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on MOnday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Glenn D. Radcliffe, Director, Human Development
A. L. Gaskins, Chief of Police
H:La. GENT)A99~APR5. WPD
James D. Grisso
April 8, 1999
Page 2
pc~
Mariam K. Alam Stacy, Coordinator, Roanoke Neighborhood Partnership
Charles A. Harlow, Grants Monitor, Office of Grants Compliance
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:XAGENDA99XAPR~. W]PD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of April, 1999.
No. 34226-040599.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant
Fund Appropriations, and providing for an emergency.
VVHEREAS, 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 1998-99 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Public Safety $1,969,709
Southeast Asian Outreach Grant (1-9) ....................... 99,072
Revenue
Public Safety $1,969,709
Southeast Asian Outreach Grant (10) ........................ 99,072
1) Salaries
2) ICMA RC Retirement
3) FICA
4) Medical Insurance
5) Dental Insurance
6) Fees for Professional
Services
7) Administrative
Supplies
8) Expendable
Equipment
(035-050-3314-1002)
(035-050-3314-1115)
(035-050-3314-1120)
(035-050-3314-1125)
(035-050-3314-1126)
$ 41,298
3,716
3,470
3,816
340
(035-050-3314-2010)
19,320
(035-050-3314-2030)
10,525
(035-050-331 4-2035)
12,816
9) Training and
Development
10) Southeast Asian
Outreach Grant
(035-050-3314-2044)
(035-050-3314-3314)
3,771
99,072
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
April 5, 1999
Council Report #99-407
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Subject: Bureau of Justice Assistance Discretionary Grant
I. Background:
Ao
The Bureau of Justice Assistance (BJA), a component of the U. S. Department of
Justice, provides funding for innovative programs which strengthen the Nation's
criminal justice system.
Bo
Concept papers soliciting proposed responses to specific criminal justice issues
were requested by BJA in the Spring of 1998. Submitting a concept paper did not
involve any obligation to the City of Roanoke.
A concept paper on the topic area of "Cultural Barriers to Justice" was submitted
by Sgt. Rick Arrington of Police Department's Crime Prevention Unit. The topic
area is defined for strategies which increase participation in the criminal justice
process for individuals with language, philosophy, or experience barriers.
The Bureau of Justice Assistance advised in October that the City of Roanoke
concept paper on a Southeast Asian Outreach Program was "ranked among the
very highest" of almost 1,300 concept papers in this topic area.
Eo
Roanoke's Vietnamese community now represents approximately 2% of our
populace. The 2,000 Vietnamese refugees represent the largest of our refugee
populations. Vietnamese traditions and language barriers have resulted in
misunderstandings of the role of government agencies among some of these
refugees. The Refugee and Immigration Services, Catholic Diocese of Richmond
and the Vietnamese Community were involved in the development of the concept
paper.
Fo
With no local match involved, application for this grant was made by the City
Manager pursuant to City Code § 2-124 on November 12, 1998.
Mayor David A. Bowers
Members of City Council
Page 2
April 5, 1999
II. Current Situation
Ao
III. Issues:
The Bureau of Justice Assistance approved an award of $99,072 to the City of
Roanoke on February 19, 1999 to support two grant positions. The grant term
extends until June 30, 2000.
No local match is required for discretionary grants under this program, and the
City is now eligible to accept this grant and appropriate funds in compliance with
grant provisions and City Code.
The Roanoke City Police Department is requesting City Council to accept the
BJA grant and appropriate funds to employ two Community Resource Specialists
in grant positions to develop improved relationships with the Southeast Asian
Community. Familiar with Southeast Asian language and culture, the Specialists
would serve as a bridge to that community while improving their own
employment opportunities. A job summary of the proposed position is provided
as "Attachment A." These grant funds would also provide for necessary supplies
and Southeast Asian cultural training for all Roanoke City Police employees.
A. Need
B. Citizen Satisfaction
C. Funds Availabili _ty
Altematives:
Ao
City Council Authorize Acceptance and Appropriation of $99,077 in funding
through the Bureau of Justice Assistance Discretionary Grant requirements, in
compliance with Federal law.
Need exists to improve relationships with the Southeast Asian community
and to encourage greater participation in civic affairs within the refugee
community.
Citizen satisfaction can be enhanced through increased responsiveness to
the Southeast Asian community.
3. Funds Availabili _ty will be addressed by this Council action.
Mayor David A. Bowers
Members of City Council
Page 3
April 5, 1999
Vo
Bo
City Council not authorize acceptance for this funding through the BJA
Discretionary Grant Program.
Need for improved outreach to the Southeast Asian community will not
be met.
2. Citizen satisfaction will not be enhanced.
3. Funds will not be available from the BJA grant.
Recommendation
mo
City Council approve Alternative "A" to accept funds from the Bureau of Justice
Assistance Discretionary Grant Program.
Authorize the City Manager to sign and execute all appropriate documents to
accept funding through the BJA Discretionary Grant Program.
Co
Appropriate $99,072 from this program to accounts established by the Director of
Finance.
Do
Salaries
(035-050-3314-1002)
FICA (035-050-3314-1120) 3,470
ICMA Contribution (035-050-3314-1115) 3,716
Medical Insurance (035-050-3314-1125) 3,816
Dental Insurance (035-050-3314-1126) 340
Benefits Subtotal
$ 41,298
11,342 11,342
Equipment (computers & language software)(035-050-3314-2035) 12,816
Supplies (office & training materials) (035-050-3314-2030) 10,525
Contractual Training (035-050-3314-2010) 19,320
Training (035-050-3314-2044) 3,771
Increase the following grant fund revenue estimate:
Total $ 99,072
Federal Grant Receipts (035-050-3314-3314) $ 99,072
Mayor David A. Bowers
Members of City Council
Page 4
April 5, 1999
Respectfully submitted,
ert Herbert
City Manager
WRH:ALG/wla
CC;
City Manager
Director of Finance
Director of Public Safety
Director of Human Development
Chief of Police
Roanoke Neighborhood Partnership
Commonwealth's Attorney
Office of Grants Compliance
Budget Administrator
Attachment A
Page 1
COMMUNITY RESOURCE SPECIALIST
ROANOKE CITY POLICE DEPARTMENT
JOB SUMMARY:
The Community Resource Specialist is responsible for facilitating cultural bridging and mutual
understanding between the Vietnamese population and the police. This position is designed
to prepare the employee to qualify for the position of police officer, while creating a resource
pool for solving problems within the Vietnamese community. This position i~'supervised by the
Crime Prevention Sergeant.
WORK ACTIVITIES'
Serves as liaison to the southeast Asian community.for the Police Department.
Plans and arranges seminars on subjects designed to foster trust in the police educate the
Vietnamese community regarding the American Judicial System.
Conducts crime prevention presentations to Vietnamese audiences
Develop and manage an after school youth program for Vietnamese youth utilizing volunteers
to teach Vietnamese heritage through such avenues as dance, cooking, games and sports.
Visit Vietnamese youth homes to explain and encourage participation of their children in
seminars regarding health and sexually transmitted disease issues.
Facilitate Vietnamese youth participation in the Police Explorer Scout Program.
Identify through school system, Vietnamese youth in need of tutoring and facilitate volunteer
tutoring.
Organize special events to encourage cultural understanding and interaction.
TOOLS AND EQUIPMENT:
IBM Computer and HP printer
Telephone
Telel~hone Answer Machine
Facsimile Machine
Calculator
Police Radio
Cellular Telephone
Filing Cabinets
Slide Projector
Overhead Projector and Portable Screen
Laptop Computer
Proxima Projector
TelevisionNCR
Drug Display Kit
Patrol Car
JOb CONTEXT:
Attachment A
Page 2
The Community Resource Specialist is a temporary, one year, grant position with the
opportunity to move into a full-time police position, if qualified during the grant term. The
Community Resource Specialist works Monday through Friday 10:00 am to 6:00 pm He/she
may be required to facilitate programs/seminars in the evening hours or on weekends. The
Community Resource Specialist works in a variety of environmental conditions, approximately
25% of his/her duties are performed in a climate controlled office at the police department,
while the remaining 75% is spent in a variety of settings including classrooms, meeting halls,
business, gymnasiums, and school offices.
The Community Resource Specialist usually experiences Iow stress. This position is
supervised by the Crime Prevention Sergeant. The Community Resource Specialist is
expected to apply for the position of Roanoke City Police Officer during the term of
employment and to participate in testing related to that application. The application does not
obligate the Roanoke City Police Department to any future hirin9 decisions, but does serve as
trainin9 concernin9 the police selection process.
WORK PERFORMANCE:
The Community Resource Specialist will be monitored and evaluated monthly by the Crime
Prevention Sergeant.
JOB QUALIFICATIONS:
Upon hire, the Community Resource Specialist:
Must
Must
Must
Must
Must
have a high school degree or its equivalent.
possess valid appropriate driver's license issued by the Commonwealth of Virginia.
be fluent reading, writing, and speaking the Vietnamese language.
be in good health.
pass a criminal background investigation.
Must be a United States citizen or be able to demonstrate that they can obtain citizenship prior
to the end of the grant year.
AFTER HIRE:
Complete two week on-the-job training in Crime Prevention.
Establish contact with key agencies in providing services to Vietnamese community.
Be able to operate all needed equipment.
Establish written plans and timelines for various programs to be developed.
Ride along with police units.
Learn geographic area.
If not a citizen, obtain citizenship prior to grant ending.
Within six months of hire applicant is expected to complete and submit formal application for
the position of police officer.
10~98
Attachment A
Page 1
COMMUNITY RESOURCE SPECIALIST
ROANOKE CITY POLICE DEPARTMENT
JOB SUMMARY:
The Community Resource Specialist is responsible for facilitating cultural bridging and mutual
understanding between the Vietnamese population and the police. This position is designed
to prepare the employee to qualify for the position of police officer, while creating a resource
pool for solving problems within the Vietnamese community. This position {$supervised by the
Crime Prevention Sergeant.
WORK ACTIVITIES:
Serves as liaison to tile sot~tlle~sl Asian o)nm~lmity for the Police Department.
Plans and arranges se~ninals ~:)~ subjecls ~lesig~le(t to foster tlust in tile police educate the
Vietnamese community regardil~g tile Amel ican Judicial System.
Conducts crime prevention presentations to Vietnamese audiences
Develop and manage an after school youth program for Vietnamese youth utilizing volunteers
to teach Vietnamese heritage through such avenues as dance, cooking, games and sports.
Visit Vietnamese youth homes to explain and encourage participation of their children in
seminars regarding health and sexually transmitted disease issues.
Facilitate Vietnamese youth participation in the Police Explorer Scout Program. '
Identify through school system, Vietnamese youth in need of tutoring and facilitate volunteer
tutoring.
Organize special events to encourage cultural understanding and interaction.
TOOLS AND EQUIPMENT:
IBM Computer and HP printer
Telephone
Telel~,hone Answer Machine
Facsimile Machine
Calculator
Police Radio
Cellular Telephone
Filing Cabinets
Slide Projector
Overhead Projector and Portable Screen
Laptop Computer
Proxima Projector
Television/VCR
Drug Display Kit
Patrol Car
· - ._,.!QB CONTEXT:
Al't~cl. mel~r A
The (-:o~n~nt.fily Resot.'ce .qpP~:iali~t i.~ a lrUlltl,~lary, r~r~e y~a~, gra~t po~itirx~ wilh the
Comrnunity Resm,'ce Sl~eciali~t w()rks M~rlrlay tl~r~u~qt~ Fri, tay l/):()() anl tn 6 0O pn~ t-te/she
25% of I~is/ller ~:t~lties are p~l r~.~lprt il~ a r:lil~lal¢ cmfliolled nffir:~ al tile lmlic~ departn~md,
business, gymnasiulns, and scllo~)l offices.
The Community tXesource Specialist ~mually exlierien{.'.es Iow st[ess. -l'tlis position is
supervised by the CrinTe Preveiitioll g~l'geallt. 'I he Con.~u..~ity Resource Specialist is
expected to apply for the positioi~ of Roaru.,ke City Police Officer during tt~e term of
employment and to participate ill tes[i~g relnt~rl to tl~at application. 'lheapl)licafiorldoesnot
WORK PERFORMANCE
Preventiarl Sergeant.
_.J_Q~._O._U__A_.BI~!CATIO N S:
Upon hire, the Comn-u Inily P. rmr)t.cr~ .q, pr~,:ialis!
Mi]si
Must
Must
Must
Must
have a higtl sctlf)ol degleq ~r il~ ~,t,li,/alei~t.
possess valid appropriate ~hivei's lice~lr, e issued by tile Conlmonwealth of Virginia.
be fluent reading, writing, and speaking'the Vietnamese langl~age.
be in good health.
pass a criminal background irlvestigatiml.
Must be a United States citizen al' be able to demonstrate tl~at they can obtain citizenship prior
to tt',e end of the grant year.
AFTER HIRE:
Complete two week on-ttle..jot) trailfilLq il~ (;ri~;le Preventiml.
Establish contact with key ageIicies ill piovi~lillg selvices to Vietl~amese CO~lm~LInity.
Be able to operate all needed equipment.
Establish written plans and timelines for vario~ls programs to be developed.
Ride along with police uifits
Learn geographic area.
If not a citizen, obtain citizenship pri~r to grarfl erMing.
Within six months of hire applicarff is exper:ted to complete and si Ibmit formal application for
the position of police officer.
10/98
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #5-60
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34228-040599 amending and reordaining certain
sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of
$18,322.00, in connection with the V-Stop Domestic Violence Grant Program, to allow
creation of a Domestic Violence Coordinator position in the Police Department. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
W. Robert Herbert, City Manager
George C. Snead, Jr., Director, Public Safety
Glenn D. Radcliffe, Director, Human Development
A. L. Gaskins, Chief of Police
H:~AGENDA99~,PRS.WPD
James D. Grisso
April 8, 1999
Page 2
pc:
Mariam K. Alam Stacy, Coordinator, Roanoke Neighborhood Partnership
Charles A. Harlow, Grants Monitor, Office of Grants Compliance
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~AGENDA99kAPRS.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of April, 1999.
No. 34228-040599.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant
Fund Appropriations, and providing for an emergency.
VVHEREAS, 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 1998-99 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
ADDroDriations
Public Safety
V-STOP Grant Program (1-5) ................................
$1,988,031
18,322
Revenue
Public Safety
V-STOP Grant Program (6) ..................................
$1,988,031
18,322
1) Temporary Salaries
2) FICA
3) Administrative
Supplies
4) Training and
Development
5) Other Equipment
6) V-STOP Grant
(035-050-3315-1004)
(035-050-3315-1120)
(035-050-3315-2030)
(035-050-3315-2044)
(035-050-3315-9015)
(035-050-3315-3315)
9,352
76O
3,389
1,600
3,221
18,322
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
April 5, 1999 '.c;3~
Council Report #99- 408
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Subject: V-STOP Domestic Violence Grant Appropriations
I. Background:
The Virginia Department of Criminal Justice Services (DCJS) provides annual
grant funding for activities which increase the apprehension, prosecution, and
adjudication of persons committing violent crimes against women. This program
is named Services, Training, Officers, Prosecution Violence Against Women
(V-STOP).
Bo
The Roanoke City Police Department currently has no specialized domestic
violence response unit. Felony domestic violence crimes are investigated by the
Criminal Investigations Bureau, while most misdemeanor domestic violence
crimes are investigated by the patrol officer who receives the initial report.
Co
Two Thousand and Seventy-Three reports involving domestic violence were
investigated by the Police Department in the last year. Those reports included 517
injuries to citizens. More effective investigation of these offenses and additional
support to victims could be provided by additional staffing in this area.
Do
Application for $29,257 to develop a domestic violence unit under this grant
program was authorized by Resolution No. 34005-090898 and was made on
September 17, 1998.
Uo
V-STOP Applications require evidence of cooperative agreements between law
enforcement, prosecutors, victim/witness programs, domestic violence programs,
and sexual assault centers. Such cooperative agreements are in place.
Mayor David A. Bowers
Members of City Council
Page 2
April 5, 1999
II. Current Situation
Ao
The Department of Criminal Justice Services has advised that the City of Roanoke
is eligible for $18,322 under this program. This program award would require a
local cash or in-kind match amount of least 25% of the combined funding. The
City Manager signed for acceptance of these funds on February 22, 1999.
State Reduction of the requested funding can provide for a half-time grant
position to provide support to victims and assist in identifying, tracking, and
reporting of domestic violence offenders. The volume of requests under this
program throughout the state prompted the reduction in funding from the full-time
position which was requested by the City.
A Local Match of $18,987 would be provided as an in-kind contribution of the
salary and benefits of an existing Senior Police Officer position to work part time
on investigating domestic violence cases in coordination with the new part-time
civilian position. This represents a match of 50% of the combined program
expense of $37,309.
V-STOP Funding will continue through 2001, and is anticipated to be extended
through 2003. Annual re-application for funding will be required. Local funding
alternatives for the new position may need to be considered after that point if the
program is achieving the desired outcomes.
Eo
Appropriation of these funds is requested to allow creation of this Domestic
Violence Co-ordinator position. A job description for the new grant position is
provided as Attachment A.
III. Issues:
A. Need
B. Service Delivery
C. Funds Availabili _ty
Mayor David A. Bowers
Members of City Council
Page 3
April 5, 1999
IV. Alternatives:
Ci_ty Council Appropriate $18,322 in funding from the Department of Criminal
Justice V-STOP program to accounts established by the Director of Finance in
accordance with State grant requirements.
Need exists to provide investigation, support, and documentation of
domestic violence offenses in the City.
Service Delivery_ can be enhanced through increased responsiveness to
domestic violence offenses.
o
Funds Availability will be addressed by this Council action, as the local
match is provided in-kind through existing salary and benefits.
B. Ci_ty Council not appropriate this funding from the DCJS V-STOP Grant Program.
Need for investigation, support, and documentation of domestic violence
offenses in the City will not be met.
2. Service Delivery_ will not be enhanced.
3. Funds. will not be available from the DCJS grant.
V. Recommendation
A°
City Council approve Alternative "A" to appropriate for funds from the
Department of Criminal Justice Services V-STOP grant program to accounts
established by the Director of Finance.
Salary (035-050-3315-1004) $ 9,352
FICA (035-050-3315-1120) 760
Training (035-050-3315-2044) 1,600
Equipment (035-050-3315-9015) 3,221
Supplies (035-050-3315-2030) 3,389
$18,322
B. Increase the following grant fund revenue estimate:
State Grant Receipts $18,322
Mayor David A. Bowers
Members of City Council
Page 4
April 5, 1999
Respectfully submitted,
Herbert
City 19Ianager
WRH:ALG/wla
City Manager
Director of Finance
Director of Public Safety
Director of Human Development
Chief of Police
Roanoke Neighborhood Partnership
Commonwealth's Attorney
Office of Grants Compliance
Budget Administrator
Atta~t: _&
Domestic Violence Specialist, 900PS05
G_..e_~l_e_ral Definition of Work:
Pe~Torms responsible paraprofessional work assisting victims of domestic violence and providing
sq~pport for prosecution activities. Does related work as required.
Work is performed under the general supervision cfa Police Sergeant.
];yEical Tasks:
Monitors and tracks police reports for domestic violence issues.
Collects data related to domestic violence.
Researches past convictions.
Responds to inquiries concerning domestic violence.
Assists in the preparation of prosecution reports to assist the Commonwealth's Attorney in
successfi~l prosecution and adjudication of cases involving domestic violence.
Works with police officers wino conduct follow-up investigations and charges violators.
Provides assistance to victims of domestic violence in the form of information and resources.
~,3_~_wJedge. Skills and Abilities:
General knowledge of criminal judicial processes. General knowledge of human behavior and
interviewing techniques. Some knowledge of police procedures and practices. Ability to conduct
r~searcb and keep records. Ability to communicate effectively orally and in writing. Ability to
work effectively in a team environment. Ability to communicate with individuals with diverse
cultural and ethnic backgrounds. Ability to cope with stressful work conditions. Ability to
establish and maintain harmonious working relationships with other employees and the public.
Education and Experience:_
Any combination of education and experience equivalent to graduation from an accredited college
or university with major course work in behavioral sciences and some related experience.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #5-184
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34229-040599 authorizing the City Manager to
execute employment agreements to provide for polygraph examiner training. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
George C. Snead, Jr., Director, Public Safety
A. L. Gaskins, Chief of Police
H:'~AGENDA99~APR5 .WPD
IN TI-[E COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34229-040599.
A RESOLUTION authorizing the City Manager to execute employment agreements to
provide for polygraph examiner training.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the
Assistant City Manager is hereby authorized to execute, on behalf of the City, an employment
agreement with any City employee selected for polygraph examiner training. The agreement shall
require that the employee continue in the employment of the City for a minimum of five (5) years after
completion of the training and shall provide for reimbursement of the City, on a prorated basis, of the
cost of training if the employee should fail to fulfill such obligation. The agreement, which shall be
approved as to form by the City Attorney, shall contain such other terms and conditions deemed
reasonable and appropriate by the City Manager.
ATTEST:
City Clerk.
April 5.,.1999
Council Repolrt #99'409
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: Police Department Polygraph Examiner Emplo_vment,
Polygraph examiners must receive formal training and
participate in an intern program to comply with the
Virginia State Code.
A polygraph examiner candidate will need approximately
five (5) years of training and experience before becoming
proficient.
Co
~ must invest approximately $10,000 into the
training of a polygraph examiner before a return is
realized.
II.
Do
Polygraph examiner training is a skill which is
marketable to other law enforcement agencies. An officer
who had been trained as a polygraph examiner, without an
employment contract, left the department for other
employment within two years of receiving this training.
A polygraph examiner emplo_vm~nt agreement will ensure the
City is reimbursed on a pro-rated basis for the cost of
the training if the employee leaves the department within
five years.
Current Situation
ao
The Police Department owns and uses a polygraph
instrument in conducting criminal investigations.
The Police Department is in need of an additional
polygraph examiner at the current time, and the same need
will arise in the future as trained examiners retire or
resign from the City.
TII. Issues
A. Additional polyqraph examiner
B. ~ate~d~l~
IV. Alternatives
ao
Bo
City Council approves the employment agreement:
1. Additional polygraph examiners will be trained with
the agreement to remain in the employment of the
City.
2. ~ in training is protected.
City Council rejects employment agreement:
1. Additional polygraph examiners will be trained. The
employee acquires a marketable skill without an
attached employment agreement.
2. ~ in training is not protected.
Recommendation is that City Council approve Alternative A, and
take the following action:
~ the City Manager to execute an employment agreement,
approved as to form by the City Attorney, prior
to polygraph examiner training of the current selectee for
such training, and of any future selectee for such training.
WRH/RWH/WJB:le
City Attorney
City Clerk
Director or Public Safety
Director of Finance
Chief of Police
cc:
Respectfully submitted,
obert Herbert Manager
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
File #32-60
Husain ^lam, Associate AIA
Balzer and Associates, Inc.
1208 Corporate Circle, S. VV.
Roanoke, Virginia 24018
Dear Mr. Alam:
I am enclosing copy of Ordinance No. 34231-040599 accepting the bid of Balzer and
Associates, Inc., in the amount of $95,000.00, for providing consulting services in
connection with the Building Inspection Program for City-owned and/or leased facilities;
and rejecting all other bids made to the City for the service. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
William F. Clark, 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
Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
Nelson C. Jackson, Manager, Building Maintenance/Custodial Services
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34231-040599.
AN ORDINANCE accepting the bid of Balzer and Associates, Inc. for providing
consulting services in connection with the Building Inspection Program for City-owned
and/or leased facilities, upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for such services; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Balzer and Associates, Inc., for the provision of consulting services
in connection with the Building Inspection Program for City-owned and/or leased facilities,
being the only bid received for such services, in the total amount of $95,000.00, as more
particularly set forth in the City Manager's report dated April 5, 1999, to this Council, such
bid being in full compliance with the City's plans and specifications made therefor and as
provided in the contract documents offered said bidder, which bid is on file in the Office of
the Supply Management, is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite contract with
the Balzer and Associates, Inc., based on its proposal made therefor and the City's
specifications made therefor, said contract to be such form as
Attorney, and the cost of said services to be paid for out
simultaneously appropriated by Council.
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:
is approved by the City
of funds heretofore or
City Clerk.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #32-60
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34230-040599 amending and reordaining certain
sections of the 1998-99 General and Capital Projects Funds, providing for transfer of
$100,000.00, in connection with a contract with Balzer and Associates, Inc., in the amount
of $95,000.00, for providing consulting services in connection with the Building Inspection
Program for City-owned and/or leased facilities. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
H:~AGENDA99~PRJ.WPD
James D. Grisso
April 8, 1999
Page 2
pc:
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
Nelson C. Jackson, Manager, Building Maintenance/Custodial Services
H: ~AGENDA99'~PR5. WI~D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of April, 1999.
No. 34230-040599.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 General
and Capital Projects Funds, 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 1998-99 General and Capital Projects Funds Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
(~eneral Fund
Appropriations
Nondepartmental
Transfers to Other Funds (1) .................................
Fund Balance
Reserved for CMERP - City (2) ...............................
Capital Projects Fund
Appropriations
General Government
Building Inspection Program (3) ..............................
1 ) Transfer to Capital
Projects Fund
2) Reserved for
CMERP-City
3) Appropriated from
General Revenue
(001-004-9310-9508)
(001-3323)
(008-052-9724-9003)
$ 100,000
(100,000)
100,000
$ 61,538,421
60,784,941
$ 1,558,209
$17,752,030
100,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
City Clerk.
Council Report No. 99-116
April 5, 1999
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
CONSULTANT CONTRACT AWARD FOR CITY-OWNED AND/OR LEASED
BUILDING INVENTORY, INSPECTION, AND MAINTENANCE,
REHABILITATION, AND REPLACEMENT PLAN
I. Background on the subject in chronological order is as follows:
The City's Building Maintenance program consists of patching what breaks,
anticipating when it will break, and planning for repairs or replacement before
the facility fails.
B. This plan has worked well for years as the City has grown.
Maintenance, repairs, rehabilitation, and replacement needs have grown
faster than the City's ability to keep pace. The City must plan for the future
and apply our limited resources in a manner that will ensure the most
effective use of available resources.
In June 1998, the Building Maintenance and Engineering Departments
submitted a request for Capital Maintenance and Equipment Replacement
Program funding to inventory, inspect, and prepare a ten (10) year
Maintenance, Rehabilitation, and Replacement Program for our over 168 City-
owned and/or leased buildings. Funding in the amount of $100,000 was
made available in October, 1998.
E. Advertisement of Public Notice to seek Consultant Services for the Orqaniza-
Go
tion and Implementation of a Buildinq Inspection Program was properly
advertised on November 15, 1998.
Proposal was received from one (1) firm at 2:00 p.m. on Thursday,
December 17, 1998. That firm was Balzer and Associates, Inc. located in
Roanoke, VA. While there are other consulting firms in the area who could
perform this service, the relatively small size of this contract ($95,000) and
the need for firms with multi-disciplinary expertise (structural, mechanical,
electrical, etc.) apparently limited the number of responses.
The proposal was carefully reviewed by the selection committee consisting
of Bane Coburn of the Office of the City Engineer, Nelson Jackson, Manager,
Building Maintenance Department, Tom Shaver, Building Maintenance
Department, and Charles Huffine, City Engineer. Balzer and Associates, Inc.
was determined to be well qualified for this project.
Honorable Mayor and Members of City Council
CONSULTANT CONTRACT AWARD FOR CITY-OWNED
AND/OR LEASED BUILDING INVENTORY, INSPECTION, AND
MAINTENANCE, REHABILITATION, AND REPLACEMENT PLAN
April 5, 1999
Page 2
III
IV
Current situation is as follows:
Contract negotiations are complete and a lump sum agreement has been
reached with Balzer and Associates, Inc. in the amount of $95,000. The
amount of the proposed contract is considered a fair price for the variety and
qualifications of specialists who will be involved in inspecting the conditions
of the City buildings. The contract provides for the inspection of twenty four
(24) City-owned buildings (see Attachment A for the list of buildings to be
inspected and their locations). The remaining 144 City-owned and/or leased
buildings will be inspected as funding becomes available. The following
areas of each building will be inspected:
1. Roofs
2. Electrical
3. Heating and Air Conditioning
4. Space Utilization
5. Lighting
6. Structural and Modernization
Consultant will assist the City with prioritizing the work through development
of criteria for the ten (10) year physical and professional needs plan. In
addition consultant will develop cost estimates and assist in program
development.
Bo
The contract needs to be awarded and the funding transferred from the
Capital Maintenance and Equipment Replacement Program into a capital
account.
Issues in order of importance are as follows:
A. Contract Award
B. Cost
C. Funding
Alternatives in order of feasibility are as follows:
Authorize the City Manager to enter into a lump sum consultant contract for
the work in the amount of $95,000 with Balzer and Associates, Inc.
Honorable Mayor and Members of City Council
CONSULTANT CONTRACT AWARD FOR CITY-OWNED
AND/OR LEASED BUILDING INVENTORY, INSPECTION, AND
MAINTENANCE, REHABILITATION, AND REPLACEMENT PLAN
April 5, 1999
Page 3
Authorize the appropriation of ~100,000 to a capital account to be
established by the Director of Finance and entitled "Building Inspection
Program".
Consultant Fees
$ 95,000
Advertising costs, Engineering
Expenses, contingency, etc.
5,000
Total $100,000
2. Award contract by City Council.
3. Cost - of the contract is reasonable for the services to be provided.
Funding - totaling $100,000 is available in 1998 CMERP and may be
transferred to a capital project account to be established by the Director of
Finance.
Do not authorize the City Manager to award the contract or the Finance Director to
create a capital account to be entitled "Building Inspection Program".
1. Award contract - not an issue.
2. Cost - is not an issue.
3. Fundinq - will remain available from the CMERP.
Mo
Recommendation is as follows:
City concur in Alternative "A" and take the following action:
A. Authorize the City Manager to enter into a lump sum contract, in a form
approved by the City Attorney in the amount of 995,000 with Balzer and
Associates, Inc.
Honorable Mayor and Members of City Council
CONSULTANT CONTRACT AWARD FOR CITY-OWNED
AND/OR LEASED BUILDING INVENTORY, INSPECTION, AND
MAINTENANCE, REHABILITATION, AND REPLACEMENT PLAN
April 5, 1999
Page 4
Transfer $100,000 from CMERP to a capital account to be established by the
Director of Finance entitled "Building Inspection Program".
Respectfully submitted,
City Manager
WRH/CMH/fm
C;
City Attorney
City Clerk
Director of Finance
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
Budget Administrator
Manager, Office of Supply Management
Manager, Building Maintenance Department
Commissioner of Revenue
.4 TTA CHMENT ,4
BUILDING CONDITION ,4SSESSMENT
PROGRAM PI-L4SE I
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Fire Station # 1 (Historic)
Fire Station # 2
Fire Station # 3
Fire Station # 5
Fire Station # 6
Fire Station # 7
Fire Station # 8
Fire Station # 9
Fire Station # 10
Fire Station # 11
Fire Station # 13
Fire Station # 14
Main Library
Gainsboro Library (Historic)
Jackson Park Library
Melrose Library
Raleigh Court Library
Williamson Road Library
Health Department
Health Dept. Annex
(Old DMV)
Youth Haven (Juvenile
Probation House)
Crisis Intervention Center
Salem Avenue Annex
(Salem Shop)
Southeast Community Ctr.
13 Church Street S W
55 Noble Avenue NW ~ Courtland
301 6th Street SW
216 Loudon Avenue Street NW
1333 Jamison Avenue SE
1742 Memorial Avenue SW
2328 Crystal Spring Blvd. SW
514 Twenty Fourth Street NW
5268 Aviation Drive NW
1502 Bennington Street SE
4330 Appleton Avenue NW
1061 Mecca Street NE
706 Jefferson Street SE
17 Gainsboro Road NW
1101 Morningside Street
2607 Salem Turnpike NW
2112 (2102)Grandin Road SW
3837 Williamson Road NW
515 Eighth Street SW
530 Eighth Street SW
1301 Third Street SW
Coyner Springs
339 Salem Avenue SW
1015 Jamison Avenue SE
(Old Fire Station # 6) Historic
40117O6
3080412
1112411
2212317
4220316
1330401
1051601
2420202
6560101
4250203
6380207
7090410
4013201
2011002
4130501A
2420206
1460101
2090601
1113111
1113210
1030508
1010107
4120808
This list of buildings is recommended by the City's Department of
Building Maintenance based on age and present condition of structures
and importance in receiving professional analysis of needed priority
maintenance.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #183-410
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34232-040599 amending and reordaining certain
sections of the 1998-99 General Fund Appropriations, providing for transfer of $76,292.00,
in connection with snow emergency operations for the period December 1998 through
March 1999. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, April 5, 1999.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
William L. Stuart, Manager, Streets and Traffic
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~AGENDA99~APRS.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of April, 1999.
No. 34232-040599.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Public Works $ 24,614,600
Snow Removal (1-3) ....................................... 299,863
Nondepartmental $ 61,362,129
Contingency (4) ........................................... 210,349
1) Overtime Wages (001-052-4140-1003) $ 69,974
2) FICA (001-052-4140-1120) 5,293
3) Expendable. Equipment (001-052-4140-2035) 1,025
4) Contingency (001-002-9410-2199) (76,292)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
April 5, 1999
Council Report No. 99-119
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Council Members:
Subject:
Snow Emergency Operations -
December, 1998, January 1999, February, 1999 and March, 1999
I. Background:
Ao
Snow storms occurred in the Roanoke Valley on December 23, 31, 1998, January 2,
6, 1999 and February 1, 19, 23,1999, and March 9, 13, 1999. These storms deposited
nearly 17 inches of snow and/or ice at the Roanoke Regional Airport.
Bo
The 1998 -99 Budget included $96,523 for snow removal fi~om the City streets and
rights-of-way, for overtime salaries, supplies, and chemicals; operating accounts in
various departments are used for regular salary and equipment costs.
Co
1998 CMERPprovided $105,650 in additional funding to purchase snow equipment
parts, salt spreaders, and an additional 1,000 tons of salt.
Do
Prior year encumbrances included $21,398 in chemicals and expendable equipment
accounts.
II. Current situation:
Ao
Bo
Co
D°
Approximately 2,237 hours of regular time and 3,383 hours of overtime were
expended plowing and spreading chemicals on streets, keeping equipment in service,
etc. The overtime salary cost to date has been approximately $118,327.
City equipment was operated for 4,350 hours. The cost of fuel, parts, supplies and
additional equipment to date has been approximately $53,011.
2,288 tons of rock salt was spread on streets and bridges. The value of this product
is approximately $128,525.
Total cost to the City for snow removal efforts this season has been approximately
$299,863.
III.
IV.
Issues in order of importance are:
A. Budgeta~ Impact
B. Funding
C. Timing
Alternatives:
A.
April 5, 1999
Council Report No. 99-119
Page 2
Ci,ty Council authorize the transfer of $76,292
cover expenditures for F. Y. 1998-99.
to the Snow Removal Budget to
1. Budgetary. Impact is as follows:
a. $43,060 was budgeted for Overtime Wages and FICA and
approximately $118,327 has been expended.
b. $8,410 was budgeted for expendable equipment, and approximately
$9,435 has been expended to repair equipment, purchase snow plow
blades, nuts, bolts, etc.
c. Approximately $76,292 will be spent in excess of above line items.
2. Funding is available in the General Fund Contingency Account.
3. Timing is important, since snow removal accounts are over expended.
Ci.ty Council not authorize the transfer of $76,292 to the Snow Removal Budget.
Budgetary, Impact will continue, as accounts will be over expended.
Funding will still need to be identified.
Timing will not be an issue.
April 5, 1999
Council Report No. 99-119
Page 3
Vo
Recommendation:
Ci.ty Council approve Alternative A, authorizing transfer of $76,292 fi.om the General
Fund ContinRencv Account No. 001-002-9410-2199 to thc following accounts.
Overtime 001-052-4140-1003 $69,974
FICA 001-052-4140-1120 5,293
Expendable Equipment 001-052-4140-2035 $ 1,025
$76,292
WRH:WLS:rla
pc:
City Attorney
Director of Finance
Director of Public Works
Manager, Streets & Traffic
Budget Administrator
Respectfully submitted,
City Manager
Department of Finance
City of Roanoke, Virginia
April 5, 1999
TO: Honorable Mayor and Members of City Council
FROM: James D. Grisso, Director of Finance
SUBJECT: February Financial Report
This financial report covers the first eight months of the 1998-99 fiscal year. The following narrative
discusses revenues and expenditures to date.
REVENUE
General Fund revenues reflect an increase of 10.46% or $7,922,000 compared to FY98. Variances in
specific categories of revenues are as follows:
General Property Taxes have increased 8.55% or $1,946,000. Real estate taxes are up 8.75% due to
the early receipt of tax payments from several large mortgage corporations and early mailing of tax
bills. An increase of 3.25% is budgeted. The second installment of real estate taxes is due April 5, and
personal property taxes are due June 1.
Other Local Taxes are up 7.47% or $2,099,000. Sales tax rose $783,000 or 8.11%, in part due to a
timing difference regarding the receipt of June 1998 tax. Taking this into consideration, sales tax is up
6.55%, largely due to better Christmas sales in FY99 than in FY98. Business and professional
occupational license tax, which is due March 1, increased due to greater collections through February
of FY99 than through February of FY98. Electric service utility tax revenue is also up.
Revenue from Use of Money and Property decreased $116,000 or 17.08% due to a decline in interest
revenue resulting from lower average daily cash balances in the General Fund.
Grants-in-Aid Commonwealth are up $3,096,000 or 15.95%. Social services reimbursements from
the Commonwealth have increased across the board. Due to welfare reform, the City now receives
more funding designated for day care service payments. Reimbursement received under the
Comprehensive Services Act rose due to an increase in the number of clients served and the intensity
of services provided.
Grants-in-Aid Federal Government have decreased $8,000 or 32.77% due to a decline in FEMA
revenue caused by a timing difference.
Miscellaneous Revenue increased 616.80% or $745,000 due to the sale of the juvenile detention
facility to the Roanoke Valley Detention Commission. Miscellaneous revenue also rose because the
payment in lieu of taxes made by Roanoke Redevelopment and Housing Authority was received in
February of FY99 but not until May of FY98.
Internal Services are up $169,000 or 13.54% due to an increase of approximately $150,000 in the
billing by Occupational Health Services to fund the employee health clinic. FY98 was the first year
for such billings, and the amount of the billing has increased this year. Billings by street maintenance
also rose.
Balance July 1, 1998
Ordinance
Number Date
CMT 138 07/31/98
33974 08/17/98
33985 08/17~98
CMT 142 08/19/98
CMT 318 08/24/98
34030 10/16/98
CMT367 10/20/98
CMT156 11/09/98
CMT172 01/25/99
CMT174 02/17/99
34159 02/19~99
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
FEBRUARY 28, 1999
Department
Utilities & Operations
Transfer to Grant Fund
Transfer to Grant Fund
Planning & Community
Development
Memberships & Affiliations
Transfer to Capital Projects Fund
Personnel Management
Utilities & Operations
City Council
Commissioner of the Revenue
Planning & Community
Development
Balance February 28, 1999
Purpose
Funding for a Portion of Shuttle Service
to Victory Stadium on July 4
Local Match for Drug Prosecutor
Grant
Local Match for VJCCCA Grant
Funding for Passenger Station
Rezoning Advertising
Roanoke Sister Cities
Westview Terrace Property Acquisition
Funding for Pilot Program for
Diversity Training
Funding for Soil Stabilization of
Westview Terrace Property
Funding to Install Reading Light on
Council Chamber Dias
Funding for the Cost of NADA
Pricing of Vehicles
Funding for Planning Staff-
Neighborhood Planning
$379,244
(2,967)
(14,806)
(2,545)
(350)
(2,500)
(lO,OOO)
(7,000)
(7,425)
(1,068)
(5,000)
(35,942)
$289,64_1_
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Year to Date for the Period
Current Fiscal Year
Percent of
Revised Revenue
July 1 - Feb 28 July 1 - Feb 28 Percentage Revenue Estimate
Revenue Source 1997-98 1998-99 of Change Estimates Received
General Property Taxes $22,769,075 $24,714,818 8.55 % $67,678,685 36.52%
Other Local Taxes 28,087,364 30,186,492 7.47 % 52,032,919 58.01%
Permits, Fees and Licenses 459,041 473,487 3.15 % 698,800 67.76%
Fines and Forfeitures 661,650 649,530 (1.83) % 1,035,000 62.76%
Revenue from Use of Money and Property 678,849 562,916 (17.08) % 1,043,760 53.93%
Grants-in-Aid Commonwealth 19,413,736 22,509,850 15.95 % 40,447,178 55.65%
Grants-in-Aid Federal Government 25,478 17,130 (32.77) % 34,260 50.00%
Charges for Services 2,270,427 2,259,209 (0.49) % 3,271,270 69.06%
Miscellaneous Revenue 120,839 866,176 616.80 % 274,300 315.78%
Internal Services 1,248,271 1,417,264 13.54 % 2,133,773 66.42%
Total $75,734,730 $83,656,872 10.46 % $168,6~49,9~45 -' 49160%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
General Government
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation and
Cultural
Community Development
Transfer to Debt Service
Fund
Transfer to School Fund
Nondepartmental
Total
Year to Date for the Period
July I - Feb 28
1997-98
$6,746,869
2,821,772
24,514,578
16,882,670
12,941,117
2,8121893
1,813,462
9,510,800
27,268,486
6,059,631
July 1 - Feb 28
1998-99
$7,657,835
2,925,329
25,912,251
17,534,849
14,959,644
3,048,324
1,624,730
10,375,852
27,898,019
6,903,771
Percentage
of Chang~e
13.50 %
3.67 %
5.70 %
3.86 %
15.60 %
8.37 %
(10.41)%
9.10 %
2.31%
13.93 %
$111,372,278
$118,840,604
6.71%
Current Fiscal Year
Unencumbered
Balance
$3,760,481
1,569,381
14,329,685
7,003,459
9,038,901
1,344,342
1,179,431
366,774
13,949,010
1,947,995
Revised
Appropriations
$11,418,316
4,494,710
40,241,936
24,538,308
23,998,545
4,392,666
2,804,161
10,742,626
41,847,029
8,851,766
Percent of
Budget
Obiigat~ed
67.07%
65.08%
64.39%
71.46%
62.34%
69.40%
57.94%
96.59%
66.67%
77.99%
$54,489,459
$173,330,063
68.56%
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
STATEMENT OF REVENUE
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
Year to Date for the Period
July 1 - Feb 28 July 1 - Feb 28 Percentage
1997-98 1998-99 of Change
$4,279,253 $4,983,420 16.46 %
19,350,273 22,975,878 18.74 %
1,227,942 1,256,091 2.29 %
1,720,278 1,802,844 4.80 %
27,268,486 27,898,019 2.31 %
5,583,820 5,965,257 6.83 %
$59,430,052 $64,881,509 9.17 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$8,269,520 60.26%
35,953,544 63.90%
2,924,162 42.96%
3,158,735 57.07%
41,847,029 66.67%
7,266,904 NA
$99,419,894 65.26%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
_Expenditures
Instruction
General Suppod
Transportation
Operation and
Maintenance of Plant
Food Services
Facilities
Other Uses of Funds
Special Purpose Grants
Total
Year to Date for the Period
July 1 - Feb 28
1997-98
$40,619,163
1,958,664
1,817,187
5,972,365
2,367,959
1,991,840
3,605,156
7,533,117
$65,865,451
Current Fiscal Year
July 1 - Feb 28 Percentage Unencumbered
1998-99 of Change Balance
$42,846,495 5.48 % $25,154,041
2,220,047 13.34 % 1,184,688
1,924,398 5.90 % 1,361,513
Percent of
Revised Budget
Appropriations Obligated
$68,000,536 63.01%
3,404,735 65.20%
3,285,911 58.57%
5,785,596 (3.13)% 3,573,717
2,413,047 1.90 % 1,736,147
1,380,302 (30.70) % 41,828
4,069,324 12.88 % 79,789
7,266,904 (3.53) %
$67,906,113 3.10 % $33,131,723
9,359,313 61.82%
4,149,194 58.16%
1,422,130 97.06%
4,149,113 98.08%
7,266,904 N/A
$101,037,836 67.21%
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF FEBRUARY 28, 1999
General Government
Public Safety
Community Development
Recreation
Streets and Bridges
Sanitation Projects
Traffic Engineering & Communications
Other Infrastructure Projects
Capital Improvement Reserve
Expenditures Unexpended Outstanding
Budget To Date Balance Encumbrances
$17,632,030 $13,537,622 $4,094,408 $771,207
1,998,195 208,009 1,790,186 725,070
1,081,000 517,966 563,034 521,909
2,802,771 963,036 1,839,735 651,344
23,278,447 15,714,100 7,564,347 5,386,927
1,245,994 881,033 364,961 43,530
2,628,764 2,131,166 497,598 85,344
22,430,864 10,190,182 12,240,682 5,691,932
11,471,748 .___ 11,471,748
Total $84,569,813 $44,143,114 $40,426,699 $13,877,263
Unobligated
Balance
$3,323,201
1,065,116
41,125
1,188,391
2,177,420
321,431
412,254
6,548,750
11,471,748
$26,549,436
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF FEBRUARY 28, 1999
Expenditures Unexpended
Budget To Date Balance
Education $27,353,752 $21,411,435 $5,942,317
Capital Improvement Reserve (12,169,357) _ - (12,169,357)
Total $15,184,395 $21,411,435 ($6,227,040~
Outstanding
Encumbrances
$4,278,998
$4,278,998
Unobligated
Balance
$1,663,319
(12,169,35~)
($10,506,038)
4
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE 8 MONTHS ENDING FEBRUARY 28, 1999
Interest Revenue:
Interest on Bond Proceeds
Interest on Idle Working Capital
Total Interest Revenue
Multi Year Revenues:
Intergovernmental Revenue:
Federal Government: Garden City
Commonwealth:
Garden City
Public Works Service Center
Virginia Transportation Museum-ISTEA
Second Street and Gainsboro
Total Intergovernmental Revenue
Revenue from Third Parties:
First Union Penalty Payment
Miscellaneous
Total Revenue from Third Parties
Transfers from Other Funds
Total
FY 1999
$773,809
469,514
1,243,323
398,936
26,283
71,503
109,150
605,872
6,000
6,000
3,667,885
$5,523,080
FY 1998
$908,703
380,626
1,289,329
870,185
145,084
1,015,269
149,339
17,773
167,112
15,447,996
$17,919,706
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE 8 MONTHS ENDING FEBRUARY 28, 1999
Interest Revenue:
1999
1998
InterestonldleWorking Cap,al
Total
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 8 MONTHS ENDING FEBRUARY 28, 1999
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
County of Roanoke
City of Salem
County of Botetourt
County of Bedford
Customer Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Rent
Miscellaneous Revenue
Sale of Land
Loss on Disposal of Fixed Assets
Interest and Fiscal Charges
Transfer to Capital Projects Fund
Net Nonoperating Expenses
Net Income
FY 1999
$2,117,848
1,997,833
160,070
14,455
1,128,567
13,888
71,362
4,010
232,171
5,740,204
948,044
2,205,433
932,363
4,085,84O
1,654,364
210,792
32,427
19,332
325,000
(569)
(888,002)
(301,020)
$1,353,344_
FY 1998
$2,061,179
1,919,976
150,516
15,521
951,390
88O
360~33~
5,459,797
905,692
2,122,147
925,021
3,952,860
1,506,93~
286,685
14,011
28,420
(975,273)
(233,446)
(879,603)
$627~334
6
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 8 MONTHS ENDING FEBRUARY 28, 1999
Operating Revenues
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Miscellaneous Revenue
Transfer to Capital Projects Fund
Loss on Disposal of Fixed Assets
Net Nonoperating Revenues
Net Income
FY 1999
$4,963,466
536,865
91,565
345,215
69,976
88,156
_ 70,957
6,166,200
1,154,971
3,727,370
6~6,873
5,529,214
636,986
447,992
13,897
(4,382)
457,507
$1,094,493__
FY 1998
$4,755,360
581,739
115,714
431,087
69,543
138,991
30,678
6,123,112
1,102,529
3,059,911
639,847
4,802,287
1,320,825
370,422
11,983
(37,071)
_ 34_5,334
$_~6_66,159
7
,-%
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 8 MONTHS ENDING FEBRUARY 28, 1999
Operating Revenues
Rentals
Parking Fees
Event Expenses
Advertising
Admissions Tax
Camping Fees
Electrical
Commissions
Novelty Fees
Charge Card Fees
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues (Expenses)
Transfer from Other Funds
Interest on Investments
Loss on Disposal of Fixed Assets
Miscellaneous
Net Nonoperating Revenues
Net Income
FY 1999
$367,540
118,571
111,804
4,289
110,628
1,560
9,O40
160,528
28,475
23,049
935,484
730,405
791,922
262,751
1,785,078
(849,594)
858,771
48,789
(25,372)
__ !,12!
883,309
$33,715
FY 1998
$268,806
123,589
75,440
4,948
92,049
196,763
40,337
801,932
662,049
722,614
263,908
1,648,571
(846,639)
1,037,162
32,706
6,334
1,076,202
$229,563
8
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 8 MONTHS ENDING FEBRUARY 28, 1999
Operating Revenues
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Surface Parking Lots
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Interest and Fiscal Charges
Transfer from General Fund
Operating Subsidy for GRTC
Transfer to Capital Projects Fund
Miscellaneous
Net Nonoperating Revenues
Net Income
FY 1999
$199,926
273,117
117,968
274,465
191,293
40,747
1,097,516
421,656
359,599
781,255
316,261
8,610
(378,442)
1,214,506
(771,195)
3,670
77,149
$393,410
FY 1998
$153,918
284,293
111,214
251,358
157,862
63,439
1,022,084
519,579
359,341
__ 878,920
143,164
26,303
(367,332)
1,097,773
(150,000)
(29,682)
1,674
578,736
_ _ $_7_21_,900
9
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 8 MONTHS ENDING FEBRUARY 28, 1999
Operating Revenues
FY 1999
CONFERENCE
COMMISSION (1) CENTER (2)
TOTAL
FY 1998
Conference Center
Total Operating Revenues
$ $ 1,803,182 $
1,803,182
1,803,182 $ 1,866,064
1,803,182 1,866,064
Operating Expenses
Commission
Conference Center
Total Operating Expenses
204,497 -
- 1,653,611
204,497 1,653,611
(204,497) 149,571
204,497 54,760
1,653,611 1 616,643
__ 1,858,108 1,671,403
Net Operating Income (Loss)
(54,926) 194,661
Nonoperating Revenues (Expenses)
Contributions from City of Roanoke
Contributions from Virginia Tech
Proceeds from Brick Sales
Interest on Investments
Conference Center
87,50O
87,500 -
30,691 -
- ~ (14,451)
87,500 131,250
87,500 131,250
- 572
30,691 16,426
(14,451 ) (10~248)
Net Nonoperating Revenues (Expenses) 205,691 _ (14,451) 191,240 269,250
Net Income Before Depreciation
1,194 135,120 136,314 463,911
Depreciation Expense/Replacement Reserve
309,992 . 36,065 346,057 347,162
Net Income (Loss)
Notes to Financial Statement:
($308,798)
_ $99,055
J$209~743~ . . $!~49
(1) The column entitled "Commission" represents Commission activity in the City's financial records.
(2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center,
as provided by Doubletree Management.
10
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE 8 MONTHS ENDING FEBRUARY 28, 1999
Operating Revenues
Charges for Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperatlng Revenues (Expenses)
Interest Revenue
Gain on Sale of Trigon Common Stock
Transfer from Other funds
Transfer to Other Funds
Loss on Disposal of Fixed Assets
Net Nonoperating Revenues (Expenses)
Net Income (Loss)
City TOTALS
Information Materials Management Utility Line Fleet Risk
Systems Control Services Services Management Management FY 1999 FY 1998
$2,691,385 $100,148 $81,637 $2,154,628 $2,516,678 $4,092,568 $11,637,044 $9,838,822
2,691,385 100,148 81,637 2,t 54,628 2,516,678 4,092,568 t 1,637,044 9,838,822
1,056,981 68,122 17,179 1,578,149 829,396 122,182 3,672,009 3,357,629
587,987 9,080 60,234 411,111 646,380 4,685,698 6,400,490 5,797,265
322,270 1,217 9,365 94,120 1,136,961 1,5_63,933 1,585,533
1,967,238 78,419 86,778 2,083,380 2,612,737 4,807,880 11,636,432 10,740,427
(5,141) 71,248
724,147 21,729
(96,059) (7~15,312) 612 (901,605)
125,715 (3,335) 7,673 49,601 27,782 332,231 539,667 542,887
276,713
798,787 88,953 250,000 1,137,740 1,300,836
(285,581)
(9,938) (49,500) (59,438)
914,564 (3,335) (41,827) 49,601 116,735 582,23t 1,617,969 1,834,855
$1,638,711 $18,394 (~46 968, $t 20,849 $20,676 ($133,~ $t ,618,581 $933,250
11
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED FEBRUARY 28, 1999
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR
THE FUNDS OF SAID CITY FOR THE MONTH ENDED FEBRUARY 28, 1999.
BALANCE AT
BALANCE AT BALANCE AT
FUND_ ._ JAN 31, 1999 RECEIPTS DISBURS_EMENT_S FEB 28, 1999 F_EB28~, 19~98 1
GENERAL
($2,442,349.26)
$14,836,017.64 $25,046,879.42 ($12,653,211.04) ($10,048,934.521
WATER 6,325,689.25 576,835.29 702,565.93 6,199,958.61 6,200,117.23
SEWAGE 12,647,513.44 2,167,323.39 5,075,489.15 9,739,347.68 19,853,801.37
'CIVIC CENTER 1,654,412.88 215,418.45 451,960.63 1,417,870.70 1,085,672.60
TRANSPORTATION 823,209.81 144,786.99 467,355.16 500,641.64 768,282.36
CAPITAL PROJECTS 32,541,531.30 2,162,005.35 672,930.13 34,030,606.52 44,452,434.24
CONFERENCE CENTER 933,743.95 47,674.39 57,457.50 923,960.84 853,904.05
JUVENILE DETENTION 4,192,790.98 ' 18,557.56 531,023.77 3,680,324.77 0.00
~DEBT SERVICE 10,282,222.19 2,949,084.54 2,418,027.37 10,813,279.36 9,849,392.96
i CITY INFORMATION SYSTEMS 4,050,693.38 638,313.70 109,115.91 4,579,891.17 2,534,462.48
!MATERIALS CONTROL (155,604.39) 206,213.68 93,041.11 (42,431.82) (69,730.24
~ MANAGEMENT SERVICES 226,586.45 20,374.93 5,727.29 241,234.09 256,096.13
, UTILITY L NES SERVICES 1,844,789.27 64,699.97 55,783.87 1,853,705.37 1,918,983.91
~ FLEET MANAGEMENT 1,263,176.12 498,084.90 153,598.47 1,607,662.55 2,810,069.31
!PAYROLL (22,902,126.41) 26,341,234.79 13,137,913.52 (9,698,805.14) (9,245,636.11
' RISK MANAGEMENT 9,855,260.10 828,360.59 435,243.73 10,248,376.96 9,445,777.80
HIGHER EDUCATION AUTH 5,352,014.63 43,682.58 382,977.11 5,012,720.10 0.00
PENSION 2,360,967.69 643,452.23 1,972,893.44 1,031,526.48 361,823.34
i SCHOOL FUND 14,637,135.71 4,599,337.81 9,695,309.02 9,541,164.50 6,154,298.35
SCHOOL CAPITAL PROJECTS (2,878,481.49) 606,502.02 745,202.28 (3,017,181.75) 0.00i
FDETC 92,039.46 152,729.89 166,063.59 78,705.76 188,512.60
IGRANT 1,477,336.69 203,165.54 706,983.88 973,518.45 131,974.60i
TOTAL $82,182,551.75 $57,963,856.33 $63,083,542.2R $77,062,865.80 $87,50~1 ,~30__2_.4~6 j
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED FEBRUARY 28, 1999.
THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
OVERNIGHT INVESTMENT
COMMERCIAL PAPER
FEDERAL AGENCY BONDS
LOCAL GOVERNMENT INVESTMENT POOL
REPURCHASE AGREEMENTS
STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER)
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
$16,216.33
1,603,237.33
9,394,OOO.OO
7,972,576.67
9,984,300.00
13,072,067.21
13,000,000.00
4,228,691.62
17,791,776.64
$77,062,865.80
DATE: MARCH 30, 1999
DAVID C. ANDERSON, TREASURER
12
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 8 MONTHS ENDING FEBRUARY 28, 1999
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amorlizafion
Total Revenue
1999
$3,569,763
5,631,593
6,128,033
16,298
$15,345,687
1998
$3,683,317
5,344,787
5,690,584
45
$14,718,733
Pension Payments
Fees for Professional Services
Bond Premium Amortization
Active Service Death Benefits
Administrative Expense
City Supplement to Age 65
TotalExpenses
Net Income
$6,288,671
458,255
135,331
231,677
20,670
7,134,604
$8,211,083
$5,939,861
431,129
206,457
21,621
214,326
6,813,394
$7,905,339
13
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
FEBRUARY 28, 1999
Cash
Investments:
(market value:
Due from Other Funds
Other Assets
1999 $324,164,496
1998 $289,666,467)
1999
$1,026,513
234,882,509
8,938
18,000
$235,935,960
1998
$340,787
218,794.424
18,000
$219,153,211
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Income - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$834,383
459
834,842
226,890,035
8.211,083
235,101.118
$235,935,960
$744,015
744.015
210,503,857
7,905,339
218,409.196
$219,153,211
14
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 8, 1999
File #104-132
James L. Mercer, President
The Mercer Group, Inc.
5579-B Chamblee Dunwoody Road
Suite 511
Atlanta, Georgia 30338
Dear Mr. Mercer:
I am enclosing copy of Resolution No. 34233-040599 authorizing a contract between the
City and The Mercer Group, Inc., in the amount of $12,500.00, plus expenses which shall
not exceed $5,000.00, for provision of services with regard to selection of a new City
Manager. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc: W. Alvin Hudson, Chair, City Manager Executive Search Firm Subcommittee
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of April, 1999.
No. 34233-040599.
A RESOLUTION authorizing a comract between the City and the Mercer Group, Inc., for
the provision of services with regard to selection of a new City Manager.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Mayor and the City Clerk are hereby authorized to execute and attest,
respectively, a contract between the City and the Mercer Group, Inc., for the provision of services
with regard to selection of a new City Manager.
2. The amount of the contract shall be $12,500 plus expenses which shall not exceed
$5,000. The form of the contract shall be approved by the City Attorney. The contract shall include
the firm's proposal to the City for the provision of such services and such other terms and conditions
deemed reasonable and appropriate by the Mayor.
ATTEST:
City Clerk.
April 5, 1999
99-09
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
SUBJECT: SELECTION OF AN EXECUTIVE SEARCH FIRM FOR THE POSITION
OF CITY MANAGER
BACKGROUND IN CHRONOLOGICAL ORDER IS AS FOLLOWS:
W. Robert Herbert, City Manager, is retiring from his position effective April 9,
1999.
Co
City Council expressed a desire to hire an executive search firm in order to help
attract the best available talent for this important vacancy.
A subcommittee of City Council was formed to recommend the search firm to be
used to conduct the executive search. Members of the subcommittee include:
Council Members W. Alvin Hudson, Chairman, Carroll Swain and James Trout.
II.
CURRENT SITUATION IS AS FOLLOWS:
mo
The Subcommittee sent a letter requesting proposals to six search firms. The firms
were: James Stump & Associates, The Mercer Group, Inc., Municipal Advisors
Incorporated, Norman Roberts & Associates, Inc., The PAR Group and Slavin
Management Consultants. These firms have extensive experience in conducting
executive searches in the public sector.
Bo
All six firms submitted proposals for consideration. Proposals were opened on
March 22, 1999.
Co
The Executive Search Firm Subcommittee reviewed the proposals individually
and held a public meeting on Monday, March 29, 1999 to discuss the proposals
and to reach consensus on the firm they wish to recommend to the full City
Council.
Honorable Mayor and City Council
Page 2
IlL
ISSUES IN ORDER OF IMPORTANCE ARE AS FOLLOWS:
mo
Qualifications of the firms submitting proposals
Cost
C. Funding
IV.
DISCUSSION OF ISSUE~:
mo
Council approve the award of the contract for City Manager executive search
services to The Mercer Group, Inc.
1. Qualifications for The Mercer Group, Inc. include:
Completion of numerous City Manager/County Executive searches
in Virginia and throughout the United States.
A well defined work plan that includes such tasks as an on-site
needs assessment, development of a comprehensive position
profile, extensive recruitment using both formal advertising and
networking within the field of city/county management and
independent evaluation of the qualifications and suitability of
candidates.
o
Assisting in negotiations of a compensation package with the
successful candidate, if requested.
Cost for these services is $12,500 plus not-to-exceed expenses of $5,000.
Expenses are for consultant travel, lodging and per diem, telephone,
correspondence, advertising, and report preparation.
Funding is available in General Fund Personnel Lapse Account 001
002 1211 1002.
Vo
RECOMMENDATION:
A. Council approve the award of the contract for City Manager Executive Search
Honorable Mayor and City Council
Page 3
Services to the Mercer Group, Inc. based on the overall qualifications of the firm
and the competitive fees charged for these services.
Respectfully submitted,
W. Alvin Hudson, Chairman
City Manager Executive Search Firm
Subcommittee
Fax
FROM:
Name:
Organization:
Fax:
Phone:
Date:
Subject:
Pages:
The City Clerk's Office
Phone (540) 853-2541; Fax (540) 853-1145
W. Alvin Hudson, Jr.
Council Member
4/1/99
City Manaqer Executive Search Firm Report
4
(Including Cover Sheet)
Comments:
Mr. Hudson,
Ken Cronin asked me to fax a copy of this
report to you. Please call if you have any
questions or changes. Thank you!
Sandi Eakin
***COPIES ALSO FAXED TO: Council Members Swain & Trout***
April 5, 1999
99-09
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
SUBJECT: SELECTION OF AN EXECUTIVE SEARCH FIRM FOR THE POSITION
OF CITY MANAGER
BACKGROUND IN CHRONOLOGICAL ORDER IS AS FOLLOWS:
A. W. Robert Herbert, City Manager, is retiring from his position effective April 9,
1999.
City Council expressed a desire to hire an executive search firm in order to help
attract the best available talent for this important vacancy.
A subcommittee of City Council was formed to recommend the search firm to be
used to conduct the executive search. Members of the subcommittee include:
Council Members W. Alvin Hudson, Chairman, Carroll Swain and James Trout.
II.
CURRENT SITUATION IS AS FOLLOWS:
The Subcommittee sent a letter requesting proposals to six search firms. The tn'ms
were: James Stump & Associates, The Mercer Group, Inc., Municipal Advisors
Incorporated, Norman Roberts & Associates, Inc., The PAR Group and Slavin
Management Consultants. These firms have extensive experience in conducting
executive searches in the public sector.
Bo
All six fh'ms submitted proposals for consideration. Proposals were opened on
March 22, 1999.
The Executive Search Firm Subcommittee reviewed the proposals individually
and held a public meeting on Monday, March 29, 1999 to discuss the proposals
and to reach consensus on the firm they wish to recommend to the full City
Council.
Honorable Mayor and City Council
Page 2
III. ISSUES IN ORDER OF IMPORTANCE ARE AS FOLLOWS:
A. Qualifications of the firms submitting proposals
B. Cost
C. Funding
IV. DISCUSSION OF ISSUES:
mo
Council approve the award of the contract for City Manager executive search
services to The Mercer Group, Inc.
1. Qualifications for The Mercer Group, Inc. include:
Completion of numerous City Manager/County Executive searches
in Virginia and throughout the United States.
A well defined work plan that includes such tasks as an on-site
needs assessmem, development of a comprehensive position
profile, extensive recruitment using both formal advertising and
networking within the field of city/county management and
independent evaluation of the qualifications and suitability of
candidates.
Assisting in negotiations of a compensation package with the
successful candidate, if requested.
o
Cost for these services is $12,500 plus not-to-exceed expenses of $5,000.
Expenses are for consultant travel, lodging and per diem, telephone,
correspondence, advertising, and report preparation.
Funding is available in General Fund Personnel Lapse Account 001
002 1211 1002.
V. RECOMMENDATION:
A. Council approve the award of the contract for City Manager Executive Search
Honorable Mayor and City Council
Page 3
Services to the Mercer Group, Inc. based on the overall qualifications of the finn
and the competitive fees charged for these services.
Respectfully submitted,
W. Alvin Hudson, Chairman
City Manager Executive Search Finn
Subcommittee
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 8, 1999
File # 192
SANDRA H. EAKIN
Deputy Cily Clerk
Melvin T. Morgan, Jr.
Melvin T. Morgan Roofing & Sheet Metal Co., Inc.
P. O. Box 13928
Roanoke, Virginia 24038
Walter O. McCulley, President
Consolidated Industrial Roofing, Inc.
2011 Cook Drive
Salem, Virginia 24153
John T. Austin, Vice President
Roof-Tek, Inc.
P. O. Box 99
Marshville, North Carolina 28103
Joseph C. Vieni, Vice President
Shencorp, Inc.
112 Meigs Lane
Dayton, Virginia 22821
Joseph P. Burmer, Jr., President
Frye Roofing, Inc.
1217 Bluefield Avenue
Bluefield, West Virginia 24701
William Fischer, President
CFE, Inc.
P. O. Box 1255
Elmira, New York 14902
Ralph Jones, Vice President
John T. Morgan Sheet Metal Co., Inc.
P. O. Box 1286
Roanoke, Virginia 24006
William L. Hitchings, President
Baker Roofing Company
P. O. Box 1896
Norfolk, Virginia 23501
J. D. Williams, President
I. N. McNeil Roofing and Sheet Metal Co., Inc.
P. O. Box 973
Roanoke, Virginia 24005
Gentlemen:
I am enclosing copy of Resolution No. 34234-040599 rejecting all bids made to the City for the
Roanoke Civic Center Roof Replacement/Asbestos Abatement Project. The abovereferenced
measure was adopted by the Cotmcil of the City of Roanoke at a regular meeting which was held on
Monday, April 5, 1999.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on
the abovedescribed project.
Melvin T. Morgan, Jr.
John T. Austin
Joseph P. Burner, Jr.
Ralph Jones
Walter O. McCulley
Joseph C. Vieni
William Fischer
William L. Hitchings
J. D. Williams
April 8, 1999
Page 2
MFP:lo
Enclosure
pc:
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
The Honorable Sherman A. Holland, Commissioner of the Revenue
W. Robert Herbert, City Manager
William F. Clark, 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
Diane S. Akers, Budget Administrator, Office of Management and Budget
Barry L. Key, Manager, Office of Supply Management
James M. Evans, Manager, Roanoke Civic Center
HAAGENDA99~APRS.WPD
IN THECOUNC~ OF THE CITY OF ROANOKE, VIRGINI&
The 5th day of April, 1999.
No. 34234-040599.
ARESOLUTIONr~e~ingallbids~rtheRoanokeCivicCemerRoofR. eplacement/A~estos
Abmemem Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. All bids received by the City for the Roanoke Civic Center Roof
Replacement/Asbestos Abatement Project, are hereby REJECTED.
2. The City Clerk is directed to notify all bidders and to express to each the City's
appreciation for said bids.
3. The City Manager is authorized to make any changes in the scope of the project or
the procurement documents deemed advisable and to cause the revised project to be readvertised for
bids.
ATTEST:
City Clerk.
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
ROANOKE CiViC CENTER
ROOF REPLACEMENT/ASBESTOS ABATEMENT
BID NO. 98-10-5 - REJECTION OF BIDS
April ,5, 1999~''~
Council Report No. 99-120
We, the undersigned Bid Committee, hereby submit the attached report for your
consideration.
CES/LBC/fm
Attachment:
C:
Respectfully submitted,
W. Alvin Hudson
Kit B. Kiser
William F. Clark
Bid Committee Report
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
Manager, Civic Center
April 5, 1999
Council Report No. 99-120
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
ROANOKE CIVIC CENTER
ROOF REPLACEMENT/ASBESTOS ABATEMENT
BID NO. 98-10-5 - REJECTION OF BIDS
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
City Manager
WRH/LBC/fm
Attachment: Bid Committee Report
C,'
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities & Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
Manager, Civic Center
April 5, 1999
Council Report No. 99-120
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
ROANOKE CiViC CENTER
ROOF REPLACEMENT/ASBESTOS ABATEMENT
BID NO. 98-10-5 - REJECTION OF BIDS
II.
Background on the subject in chronological order is as follows:
Following proper advertisement, bids were publicly opened and read aloud by
D. Darwin Roupe, Manager, Office of Supply Management, on January 19,
1999.
Nine (9) bids were received with Melvin T. Morqan Roofing and Sheet Metal
Company, Incorporated, of Lynchbur.q and Roanoke, Virginia submittinq the Iow
bid in the amount of $573,430.00 and 120 consecutive calendar days to
complete the work.
C. Project consists of the following
1. Completely reroof the coliseum.
Reroof the area over the auditorium and stage and the next level which
surrounds the auditorium.
This contract does not cover the area over the dressing rooms and
loading dock which was replaced two years ago. It does not reroof the
exhibit hall area.
Current situation is as follows:
There were no exceptions taken to the requirements of the contract documents
noted on any of the bid forms, but questions arose concerning the documents
after the bids were received.
Bo
The roof over the auditorium and sta.qe area is uniquo in its construction and,
because of the requirements for this roof surface, has generated quite a bit of
conversation. Our consultant has recommended that we reject all bids,
strengthen our contract documents to specify clearly what is desired by the City
for this area, specify that the remaining roof surfaces may be provided by at
least two other manufacturers, and be applied by a contractor approved by the
manufacturer of the approved supplier.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
ROANOKE CIVIC CENTER
ROOF REPLACEMENT/ASBESTOS ABATEMENT
BID NO. 98-10-5
April 5, 1999
Page 2
III.
Issues in order of importance are as follows:
A. En.qineerin_~ concerns.
B. Amount of the Iow bid.
C. Funding.
D. Time.
IV.
Alternatives in order of feasibility are as follows:
Reject all bids, have the Consultant strengthen the contract documents and
rebid the project.
En.qineerina concerns would be met by rejecting all bids and revising the
contract documents. In trying to write a generic specification, instead
of specifying a proprietary system for the auditorium, the Iow bidder was
able to submit a manufacturer other than one that was intended. The
City's consultant recommended that all bids be rejected, that the
contract documents be strengthened and the project be rebid. See
attached recommendation.
Amount of the Iow bid was within bud.qet, but the proposed roof system
is not the best system for the Civic Center Auditorium roof replacement.
Fundin.q is available for the proposed system as well as the desired
system for this project.
.,
Time of completion will be extended to strengthen and revise the
contract documents and rebidding. However, the City will have the best
roof system for the facility.
B0
Accept the Iow bid of Melvin T. Morgan Roofing and Sheet Metal Company,
Incorporated in the amount of $573,400 and 120 consecutive calendar day
construction time.
En.qineerin_~ concerns would not be met in that the Civic Center
Auditorium roof would not be the desired roof for that area.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
ROANOKE CIVIC CENTER
ROOF REPLACEMENT/ASBESTOS ABATEMENT
BID NO. 98-10-5
April 5, 1999
Page 3
Amount of the Iow bid will probably increase but it is now less than the
estimated cost.
Fundin.q will not be encumbered at this time.
Time of completion will be extended. The extended time will be
acceptable to get the best roof for the project.
Recommendation is as follows:
City Council concur in alternative "A" and take the following ·
Authorize the City Manager to reiect all bids; to instruct the City's consultant,
HDH Associates, P.C., to strengthen and revise the contract documents and
readvertise the project.
CES/LBC/fm
Attachments
CO;
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
Manager, Civic Center
TABULATION OF BIDS
ROANOKE CIVIC CENTER
ROOF REPLACEMENT/ASBESTOS ABATEMENT
BID NO. 98-10-5
Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Tuesday,
January 19, 1999, at 2:00 p.m.
BIDDER LUMP SUM BOND
I. N. McNeil Roofing and Sheet Metal
Co., Inc. $ 699,500 Yes -
Roof-Tek, Inc. $ 633,960 Yes 120
Shencorp, Inc. $ 700,400 Yes 120
Frye Roofing, Inc. $ 653,700 Yes 120
'~CFE, Inc. $ 925,183 Yes 130
John T. Morgan Roofing & Sheet Metal
Co., Inc. $ 676,331 300
Consolidated Industrial Roofing, Inc. $ 612,590 Yes 120
Baker Roofing Company 91,030,320 Yes 210
Melvin T. Morgan Roofing and Sheet
Metal Company, Incorporated $ 573,430 Yes 120
Estimated Cost: $720,000
HDH Associates, P.C.
P. O. Box 230
Salem, Virginia 24153
Office of the City Engineer
April 5, 1999
Roanoke, Virginia
P.O, BOX 23O
S;ALEM, VA 24153
540-389-; Z82 FAX 540.:389-1540
M3rch 18, 1~
].. Pane C, ahum, Cheil Engine~ H
215 (]~a'ch Avmue~ $.W.
Roem 350
Rcmml~ ~ru?.inin 24011
April 5, 1999
Report No. 99-306
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Easement Across City Owned Property
Forest Park Elementary School - Tax No. 2420201
The attached staff report was considered by the Water Resources Committee
at its regular meeting on March 15, 1999. The Committee recommends that Council
authorize the City Manager to take appropriate action in order to advertise a public
hearing and, lacking any comments to the contrary, execute the appropriate
document, in a form approved by the City Attorney, granting a twenty foot drainage
easement to Shenandoah, L.P. across City-owned property, in accordance with
conditions stated in the attached report.
Respectfully submitted,
-~~--~'"~ ChairP~~c'~'~
Water Resources Committee
LFW: KB K:afm
Attachment
CC~
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
George C. Snead, Director of Public Safety
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator
D. D. Daniels, Assistant to City Manager for Community
Sarah Fitton, Engineering Coordinator
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City
Public Schools
Richard White, LMW, PC, 102 Albemarle Avenue, SE 24013
Report No. 99-306
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
March 15, 1999
K~i~b~,rs~ter Resources Committee Kiser D
· , irector, Utilities and Operations thru
W. Robert Her~.~..Manager
EASEMENT ACROSS CITY OWNED PROPERTY
FOREST PARK ELEMENTARY SCHOOL - TAX NO. 2420201
Bac~ in chronological order is as follows:
Forest Park Elementary School is located at the corner of Melrose Avenue and Forest
Park Boulevard, NW.
Adjacent property owner desires to develop approximately seventy apartments and
town homes. See attached letter dated 11/11/98.
I1.
Current situation is as follows:
A twenty-foot drainage easement has been requested across the back of the school
property by LMW, P.C., on behalf of its client. Property owner has been advised of the
requirement to maintain and if necessary relocate said drainage facilities one time, at
the sole expense of the grantee. See attached plat.
Council authority is required because the City owns School Board property in fee simple
under the Charter.
Roanoke City School Board has approved the request for an easement across the
Forest Park Elementary School property. See attached letter dated 12/9/98.
II1.
Issues in order of importance are:
A. Need
B. Timing
.¸%
Members, Water Resources Committee
EASEMENT ON CITY OWNED PROPERTY
FOREST PARK ELEMENTARY SCHOOL - TAX NO. 2420201
March 15, 1999
Page 2
IV. Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize, the City Manager
to take appropriate action in order to advertise a public hearing and, lacking any
comments to the contrary, execute the appropriate document, in a form approved by the
City Attorney, granting a twenty-foot drainage easement to Shenandoah, L.P., under
certain terms and conditions, across City-owned property.
1. Need for easement to allow proper management of storm water is met.
2. Timing to allow construction to begin as soon as possible is met.
Water Resources Committee does not recommend that City Council authorize the City
Manager to take appropriate action in order to advertise a public hearing and, lacking
any comments to the contrary, execute the appropriate document, in a form approved
by the City Attorney, granting a twenty-foot drainage easement to Shenandoah, L.P.,
under certain terms and conditions, across City-owned property.
1. Need for easement to allow proper management of storm water is not met.
2. Timing to allow construction to begin as soon as possible is not met.
Water Resources Committee recommends that City Council authorize the City Manager to
take appropriate action in order to advertise a public hearing and, lacking any comments to
the contrary, execute the appropriate document, in a form approved by the City Attorney,
granting a twenty-foot drainage easement to Shenandoah, L.P., under certain terms and
conditions, across City-owned property, in accordance with Alternative "A".
WRH/KBK/SEF
Attachments
cc;
City Attorney
Director of Public Works
Director of Utilities and Operations
Director of Public Safety
Assistant to City Manager for Community Relations
Assistant Superintendent for Operations, Roanoke City Schools
City Engineer
Engineering Coordinator
Richard White, LMW, PC, 102 Albemarle Avenue, SE 24013
Douglas R. Meredith, Jr., PE.L.L.S.
Richard C. White, P.E.
Hunter B. Greene, A.I.A.
Robert L. Tilley
Mr. Richard Kelley
Assistant Superintendent of Operations
Roanoke City Public Schools
PO Box 13145
Roanoke, Virginia 24031
November 1998
Dear Mr. Kelley:
Re: Drainage Easement
Forest Park Elementary School
Comm #1389B
Thank you for meeting with Richard White, Craig Harris and me to discuss the acquisition ora
proposed 20 foot drainage easement on the Forest Park Elementary School property. The
developers of the property are agreeable to the items we discussed concerning construct/on
within this easement.
As we discussed Monday, the easement would be granted conditional upon the following issues:
1. The storm drainge system would be located completely underground. No
aboveground structures or ditches would be located w/thin the easement.
2. No school structures would be damaged or relocated during construct/on.
3. Any damaged fencing, landscaping and the asphalt path would be replaced by the
contractor.
4. The property to be developed and the stormwater management pond will be properly
fenced.
The proposed development includes the construction of 70 two, three and four bedroom
apartments and townhomes. We anticipate full occupancy by Spring 2000 which would provide
Phone:
540 345 0675
e mail:
Street Address: 102 Albemarle Ave., S.E., Roanoke, Virginia 24013
Mailing Address: P.O. Box 13065, Roanoke, VA 24030-3065
lmweng@aol.com
www.roanoke.com
Fax: 540 342 4456
bizlink
approximately 70 new students to Forest Park Elementary School. Before any construction
commences within the easement, an easement plat will be prepared. We will also provide two
weeks notice before beginning construction of the stormdrain.
I have included two smaller versions of the plan view showing the easement location. Should
you have any questions or need additional copies of the plans, please do not hesitate to contact
Sincerely yours,
Victoria L. WaYdron, EIT
Project Engineer
Roanoke Cil;y Public .~choole
P. O. I~ox 13145 - Roanoke, VA 24031
Office of Aeeietant Superintendent for Operatione
Richard L. Kelley. (540)/~53-2270 -- Fax: (540)
December 9, 1998
Ms. Victoria L. Waldron, EIT
Project Engineer
LMW P.C.--Engineering
102 Albemarle Avenue, S. E.
Roanoke, VA 24013
Dear Ms. Waldron:
The Roanoke City School Board has approved your easement request for the
Forest Park Elementary School property. Since the property is titled to the City of
Roanoke, your easement request has been forwarded to the City's Director of Public
Utilities, Mr. Kit Kiser, for the appropriate City approval of the easement. Please contract
Mr. Kiser at 853-2602 ff you have further questions regarding the City's approval
process.
Sincerely,
Richard L. Kelley
Assistant Superintendent for Operations
cc: Kit Kiser, Director of Public Utilities
Mr. William X Parsons, Assistant City Attorney
.N'OT~'$:
1.
--SURVEYED PROPERTY LINE
DEED LINE
SET REBAR
EXIS~NG IRON FOUND
THIS SURVEY WAS PERFORMED WITHOUT
THE BENEFIT OF A TITLE SEARCH AND
THEREFORE MAY NOT SHOW ALL
ENCUMBRANCES.
2. THIS PROPERTY AS PLATTED DOES NOT
FALL WITHIN THE 100 YEAR FLOOD ZONE.
3. THIS PLAT WAS PREPARED FROM AN
ACTUAL AND CURRENT FIELD SURVEY.
4. FEMA FLOOD ZONE: 'X'
5. LEGAL REFERENCE: DB 0815 PG 0084
TAX MAP NO: 2420201
6. DRAINAGE EASEMENT AREA = 0..390 AC.
GRAPHIC SCALE
( m rr, rr )
1 inch = 100
DOUGLAS R.
MEREDITH, JR.
No. 1450 B
DATE:
I HEREBY CERTIFY THIS PLAT OF SURVEY TO BE CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF
lOO
VICINITY MAP
NO SCALE
EOP
M~LROS~ AV~.o NW
FOREST PARK--~. I
BLVD, NW
SALEM TURNPIKE, NW
SHENANDOAH AVE, NW
(R/w
~ 'oo' E 500.00'
'00"E 300.00'
I '
50.00' ~ ~ ~ \,
______ ~ ~ 2~' DRAINAGE
EASEMENT
PROPERTY OF
_ THE CITY OF ROANOKE _
"FOREST PARK ELEMENTARY SCHOOL" - .
DB 0815 PG 0084 ~ S 0,.3
TAX MAP #2420201 208.47'
20' DRAINAGE --~
~ A~HALT PA~ EASEMENT
w
~ ~ ~ CREATING
~ A NE W 20' D~INA GE
EASEMENT FOR
~ SHENANDOAH, L.P. FROM
* LOCA TED IN THE
s.~ss~a.~c~c~s*sus~~ CITY OF ROANOKE, VIRGINIA
~ (~o) ~-o~ ~o~ ~~ ~, s.r.
r~ (54o) 8~-~5~ ~o~, m~ ~o~8 SURVEYED: OCTOBER ~998 COMM: ~589B
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #330-468
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 34236-040599 temporarily suspending §26-27, of
the Code of the City of Roanoke, (1979), as amended; and authorizing the City Manager
to revoke any permits, exemptions or credits issued pursuant to §26-27 of the City Code,
effective May 1, 1999, with the intent that sewer charges will be imposed as of May 1,
1999, on City water used for irrigation purposes or the filling of swimming pools, as more
fully set forth in a report of the Water Resources Committee dated April 5, 1999. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Jesse H. Perdue, Jr., Manager, Water Department
Dana D. Long, Chief of Billings and Collections
H:~AGENDA99~APRS.WPD
IN THECOUNC~OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of April, 1999.
No. 34236-040599.
AN ORDINANCE temporarily suspending §26.27 of the Code of the City of Roanoke,
(1979), as amended; authorizing the City Manager to revoke any permits, exemptions, or credits
issued pursuant to §26-27 of the City Code; and providing for an emergency.
WHEREAS, this Council finds that there exists a serious potential for a water shortage
and desires that conservation measures be considered and undertaken at this time;
WHEREAS, Council, by Resolution passed this day, has urged voluntary conservation of
water usage by those customers being supplied with Roanoke City water; and
WHEREAS, Council wishes to temporarily suspend §26-27 Code of the City of Roanoke
(1979), as amended, in so far as it applies to City water used for irrigation purposes or the filling
of swimming pools.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The provisions of §26-27 of the Code of the City of Roanoke (1979), as amended,
providing for a reduction in sewer charges is hereby temporarily suspended in so far as it applies
to City water used for irrigation purposes or the filling of swimming pools until further direction
of this Council.
2. The City Manager is hereby authorized to revoke or suspend, as of May 1, 1999,
any permits, credits, or exemptions issued pursuant to §26-27 of the City Code, with the intent
being that sewer charges will now be imposed, as of May 1, 1999, on City water used for
irrigation purposes or the filling of swimming pools, all as more fully set forth in the report to this
Council dated April 5, 1999.
3. The City Manager or his designee shall attempt to provide notice to any persons or
entities receiving an exemption, credit, or permit pursuant to §26-27 of the City Code, either by
publishing notice in a newspaper of general circulation or by mailing notice to such persons or
entities.
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.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
Sandra H. Eakin
Deputy City Clerk
April 8, 1999
File #330-468
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34235-040599 urging that all customers being
supplied with Roanoke City water use appropriate restraint of water usage so as to
voluntarily conserve water with the goal of reducing usage by at least 10%, effective
immediately; and requesting that the City Manager review the 1981 Council approved
water conservation plan and present a timely plan of action to the Water Resources
Committee to recommend to Council for action should the level of water in Carvins Cove
reach 28 feet below the spillway crest elevation. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Jesse H. Perdue, Jr., Manager, Water Department
Dana D. Long, Chief of Billings and Collections
H:'~AGENDA99~PRS.WPD
gN TH~ COUNC~ OF THE CITY OF ROANOKE, VIRGrNIA
The 5th day of April, 1999.
No. 34235-040599.
A RESOLUTION urging that all customers being supplied with Roanoke City water use
appropriate restraint of water usage so as to voluntarily conserve water with the goal of reducing
usage by at least 10%, effective immediately; and requesting that the City Manager review the 1981
Council approved water conservation plan and present a timely plan of action to the Water Resources
Committee to recommend to Council for action should the level of water in Carvins Cove reach
twenty-eight feet below the spillway crest elevation.
WHEREAS, this Council finds that there exists a serious potential for a water shortage and
desires that conservation measures be considered and undertaken at this time.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. All customers being supplied with Roanoke City water are hereby urged to use
appropriate restraint of water usage so as to voluntarily conserve water with the goal of reducing
usage by at least 10%, effective immediately, all as more fully set forth in the report to this Council
dated April 5, 1999.
2. The City Manager is directed to review the 1981 Council approved water conservation
plan and present a timely plan of action to the Water Resources Committee to recommend to Council
for action should the level of water in Carvins Cove reach twenty-eight feet below the spillway crest
elevation or such other further action as may be deemed appropriate to prevent a water shortage
within the City, all as more fully set forth in the above mentioned report.
ATTEST:
City Clerk.
April 5, 1999
Report No. 99-309
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Low Water Level - Carvins Cove Reservoir
The attached staff report was considered by the Water Resources Committee
at its regular meeting on March 15, 1999. The Committee recommends the following
in accordance with conditions stated in the attached report:
Council request all citizens being supplied with Roanoke City
water to use prudent restraint of water usage so as to voluntarily
conserve water with the goal of reducin,q their usa,qe by at least
10%.
Council authorize the revocation of all permits for sewage charge
exemption meters used to measure water for irrigation or
swimming pools effective May 1, 1999, until such time as the
Carvins Cove Reservoir is full, at which time the Committee will
consider whether or not to recommend reinstatement of the
exemption permits. A notice to all affected users will be mailed
upon City Council's approval of the permit revocation.
Staff review the 1981 Council approved water conservation plan and
present a timely plan of action to the Water Resources Committee to
recommend to Council for action should the level of water in Carvins
Cove reach 28 feet below the spillway crest elevation.
Respectfully submitted,
F. Wyatt, ChairperSon
Water Resources Committee
L FW: KB K: afm
Attachment
cc: William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Jesse H. Perdue, Jr., Water Department Manager
Dana Long, Chief of Billings & Collections
DATE:
March 15, 1999
TO:
FROM:
THRU:
Members, Water Resources Committee
Jr., Water Department Manager
Kit B. Ki§er,
Dire~o~ Uti~ies & Operations &
W. Robert He~ Manager
SUBJECT: Low Water Level - Carvins Cove Reservoir
Report No. 99-309
I. Background:
Reservoir level elevations, stora.qe capacity and approximate number of days usable
water remaining (the reservoir is full at elevation 1170)
Reservoir Level Elevations Storage (Biliion Gallons)
* Days Left
1170 6.47 431
1160 4.90 327
@1150 3.56 237
1140 2.45 163
1130 1.50 100
1120 0.82 55
1117 0.65 43
Based on Average Daily Production of 15.0 MGD (No Rainfall)
Water Level as of 3/9/99 is elevation 1149
January, 1981 voluntary conservation measures of 10 percent were requested of
customers at the time of the last significant drought period. Water level was 13.5
feet below spillway at that time.
October 5, 1981 water conservation plan was authorized by City Council. Plan
established mandatory conservation measures/restrictions on usage and fee charges
were established. Implementation of the Plan was established at a reservoir level of
24 feet below the spillway, however the plan was not implemented because
significant rainfall began on December 15, and the reservoir was full and overflowing
on March 11, 1982. (Synopsis of Restrictions attached.)
D. December 15, 1981 record Iow of 24.2 feet was set.
December 31, 1997 water level of 15.3 feet was the most recent Iow, for a year,
before the current Iow of 20.0 feet Iow on January 1, 1999.
January, 1998 record rainfall of 7.97 inches (5.35 inch departure from normal)
occurred and the reservoir filled and overflowed on February 1, 1998.
II Current Situation:
A. Drought conditions exist that began in July, 1998.
Members, Water Resources Committee
Low Water Level - Carvins Cove Reservoir
March 15, 1999
Page 2
III.
IV.
No flow occurred into the reservoir from Catawba or Tinker Tunnels during the
period July through December, 1998.
Rainfall for January and February 1999 did not exceed normal rainfall for those
months (period of record of 30 years) and was sufficient only to meet demand.
Other primary sources of supply being Falling Creek and Crystal Spring are normal
for this period of the year and are not of concern at this time.
E. Measures under consideration at this time are:
Increase production at the Falling Creek Filter Plant by approximately
400,000 gallons per day to supplement Carvins Cove demand.
Request up to two million gallons a day from the City of Salem, if available,
to supplement Carvins Cove at a daily cost of $2,280.
Request Roanoke County to reduce their usaq~- from the City for FY 2000,
and on an interim basis, not require minimum usage per the Water Contract
with the City. This would have to be approved by City Council. Loss of
revenue of $1,946 a day at one million gallons a day reduction.
Revoke all sewage charge exemption meters used for irrigation, swimming
pools, etc. Again, this measure will be a specific recommendation for City
Council's concurrence.
Concern:
Rainfall this sprin.q may not be sufficient to produce runoff to replenish the reservoir.
A heavy and sustained rainfall over the entire watershed with near flood conditions
is required to replenish the reservoir before peak spring and summer demands occur.
Recommendations:
Voluntary conservation measures by all citizens being supplied City water should be
requested at this time. All water users through appropriate means should employ
prudent restraint of water usage and voluntarily conserve 10% by whatever
methods available.
Mandatory conservation measures identified in the plan approved in 1981 will be
reviewed and considered as a recommendation for imposition if the Carvins Cove
reservoir reaches a level of 28 feet below the spillway crest elevation which equates
to an approximate water supply of five months without appreciable rainfall.
Committee recommend that Council authorize the revocation of all permits for
sewaqe charge exemption meters used to measure water for irrigation or swimming
pools effective May 1, 1999 until such time as the Carvins Cove Reservoir is full, at
which time the Committee will consider whether or not to recommend reinstatement
of the exemption permits. A notice to all affected users will be mailed upon City
Council's approval of the permit revocation.
Condition 1:
Condition 2:
WATER CONSERVATION MEASURES
(Synopsis of Restrictions)
When moderate but limited supplies, of water.are available,
the City will declare Condition land through appropriate
means call upon all water users to employ prudent restraint
of water usage and to voluntarily conserve 10% by whatever
methods available.
When very limited supplies of water are available, the
City Shall declare Condition 2 and order curtailment of
less essential usages of water including, but not limited
to, one or more-of the following:
1. The watering Qf shrubbery, trees, lawns, grass, plants,
or any other vegetation, except indoor plantings, ·
greenhouse or nursery stocks and except Watering by
commercial nurseries of freshly planted plants upon
planting and once a week for five weeks fOllowing
~planting.
The washing of automobiles, trucks, trailers, boats,
airplanes, or any other ~ype of mobile equipment,
excepting in facilities Operating with a water recy-
cling system approved by the Director of Utilities
and Operations; provided, however, that any facility
operating %.~th a water recycling system shall pro-
minently display in puQlic view a notice approved by
'the Director of Utilities and Operations sta-ting that
such recycling system is in operation. In lieu of
the provisions hereof, the City Manager may curtail
the hours ~f operation of..commercial enterprises
offering such services or washing their own equipment,.-
The washing of streets, driveways, parking lots,
service station aprons, office buildings, exteriors
of homes or apartments, or other outdoor surfaces.
The operation of any ornamental fountain or other
structure making a similar use of water.
The filling of swimming and~or wading 'pools, or the ?'i'''
refilling of swimming and/or wading pools which were "
drained after the effective date of the order.
The use of water from 'fire hydrants for any purpose
other than fire suppression or other public emergency.
The serving of drinking water in restaurants, cafe-
terias or any other food establishment unless ~
requested by the individual.
Paue .2
Condition 3:
10.
11.
Ail residential customers will be requested to
voluntarily conserve 15% of their normal consump-
tion. A strong warning will be given to all
residential customers that.unless they do partici-
pate in the 15% voluntary conservation program and
the water supplies continue to lower, the next
condition (Condition' 3) that will be declared will
reduce their normal consumption to'75% of the normal
usage based on the average of the last 12 months and
stiff penalties put on usage above 75% and extremely
high penalties assessed for all usage above 100%.
A~i nonresidential, commercial, institutional, and
industrial customers on meters larger than 5/8"
will be required a 15% mandatory reduction of their
normal monthly average use as computed on the previous
12-month period. All usage over 85% will be charged
at double the normal'rate.
The City may reactivate operable wells.
No new nonresidential water connections will b~
allowed.
When critically limited supplies of water are available,
the City shall institute mandatory water use reductions
on all customers as follows:
1. Industrial, institutional, commercial, governmental,
wholesale and all other nonresidential customers
consuming over 67 gallons per day, shall be allotted
a 25% reduction in water consumption. Such reductions
shall be based on the quarterly average of the last
four quarterly billings if the customer is billed
quarterly, or shall be based on the monthly average of
the last 12 months billings if the customer is billed
monthly.
Residential customers who'presently or in the future
consume over 67 gallons per day shall be allotted a
25% reduction in water consumption, but not less than
67 gallons per day based on the quarterly average of
the last four quarterly billings. Notwithstanding the
above, if the Water Department is notified by the
customer of the number of persons in the household,
the amount of water allotted for consumption shall be
not less than 30 gallons per person per day per
household.
Where prior consumption data is not available, or
incomplete, estimated allocations shall be based upon
the data available and upon data from similar activi-
ties of equal intensity.
Wa+.er Conservation Measures
'~ Pa~ 3
If the monthly'and/or quarterly water usage as
established above is exceeded, the customer shall
be charged in addition to the regular rate the
following charges:
$2.00 Der 750 gallons (100 cubic feet) of
water .consumed above the allotted amount and
up to 100% of the previous year's average
consumption.
$10.00 per 750 gallons for all water consumed
above 100% of the previous year's average con-
sumption.
The City Will take measures, where possible, to
purchase and reinstall Pumping equipment on wells
~that have been previously made inoperable.
The City will investigate the feasibility and, where
possible, reactivate spring sources, for example,
House, Muse and Smith Springs.
The City will ban all new water service connections
to the water system.
C'ondition 4:
8. Ail car washes will be closed excepting those with
their own well source of water.
9. Restrictions set fOrth in Condition 2 app%y.
When the City has less than 100 days of water supply
available, a 50% reduction plan, applied the same way
as the 25% reduction plan in Condition 3, will be in
effect; 50% of the previous year?s, for the same period
of time, shall be at normal rates. Other usage shall be
charged as follows:
Condition 5:
1. $3.00 per 750 cubic feet will be charged for all
water used between 50% and 100%.
2. ~10.00 per 750 cubic feet will be charged.
All meters will be read and billed every month.
imposed under previous conditions still apply.
When crucial supplies of water are available, the City
Shall restrict %~e use of water to purposes which are
absolutely essential to life, health and safety. Each
residential connection will be allocated 67 gallons Der
.day. All other users will be billed every two wee]ts at
the rate of $15.00 per 750 gallons. Restrictions imposed
under previous conditions still apply.
Restrictions
Page 4
NOTE:
The declaration of Conditions 2, 3, 4, and 5 will be by the City
Manager, with prior approval by the City Council, based on a
Council report which shall set out the criteria utilized and
data relied upon in making such declaration.
CARVINS COVE RESERVOIR STORA6E
VS,
USAGE RESTRICTIONS
FULL
Spillway
Level
13.§
Feet 33
"Low" ~3
42
§3
Condition 1 (Voluntary)
Condition 2 (Restrictions)
CONDITION 2 ALTERNATE
Condition 3 (Allocations)
CONDITION 3 ALTERNATE
Condition 4 (100 Day Supply)
CONDITION 4 ALTERNATE
Condition 5 (30 Day Supply)
67%
53%
36%
17%
5%
% of Usable
Supply Remain.~
60
Unusable
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #169-468
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
A report of the Water Resources Committee recommending that Council adhere to its
standard policy and not authorize a conditional permit to the owner of property located at
2202 Stephenson Avenue, S. W., for encroachment of a paved parking area ten feet into
the public right-of-way of Stephenson Avenue, S. W., was before the Council of the City
of Roanoke at a regular meeting which was held on Monday, April 5, 1999.
On motion, duly seconded and adopted, the report was received and filed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Mr. Bill Johnson, P. O. Box 21096, Roanoke, Virginia 24018
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
Evelyn D. Dorsey, Zoning Administrator
H :L~.GEND A99L~,PR5 .WP D
April 5, 1999
Report No. 99-323
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Encroachment into Public Right-of-Way
Paved Parking Area - 2202 Stephenson Avenue, SW
Official Tax No. 1050228
The attached staff report was considered by the Water Resources Committee
at its regular meeting on March 15, 1999. The Committee recommends that Council
adhere to its standard policy and not authorize a conditional permit to the owner of
the property at 2202 Stephenson Avenue, SW, Official Tax No. 1050228, to allow the
paved parking area encroaching approximately ten feet into the right-of-way of
Stephenson Avenue, SW, to remain, in accordance with conditions stated in the
attached report.
Respectfully submitted,
'~ Chairpersron
Water Resources Committee
L FW: KB K: afm
Attachment
CC:
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator
D. D. Daniels, Assistant to City Manager for Community
Sarah Fitton, Engineering Coordinator
Evelyn Dorsey, Zoning Administrator
Bill Johnson, P. O. Box 21096, Roanoke, VA 24018
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
Report No. 99-323
DATE:
TO:
FROM:
SUBJECT:
March 15, 1999
~o..~mbers, }~/ater Resources Committee
~. K,ser,~D,re/ct~i 't~s and Operations thru
W. Robert Herb~anager
Encroachment into Public Right-of-Way
Paved Parking Area-2202 Stephenson Avenue, SW
Official Tax No. 1050228
Background in chronological order is as follows:
Permission for parking areas, fences, decorative walls or planters, or various
other structures that encroach into the public right-of-way is a request that
property owners make to the City from time to time.
The City adopted a policy prohibiting new encroachments of this type into the
public right-of-way in August of 1986.
II.
Current situation is as follows:
The owner of property located at 2202 Stephenson Avenue has requested a
conditional permit to allow a paved parking area in front of the property to
remain. See attached letter dated January 28, 1999.
The parking area encroaches approximately 10 feet into the public right-of-way
of Stephenson Avenue, SW This encroachment extends to the edge of the
pavement. There are no sidewalks in this area. Photographs of the area are
available.
Zoning restrictions for this area (RM-1) require that in any yard which abuts a
public street, the parking area shall be located no closer than eight feet to the
property line.
Members, Water Resources Committee
Encroachment into Public Right-of-Way
Paved Parking Area-2200 Stephenson Avenue, SW
March 15, 1999
Page 2
III. Issues in order of importance are:
A. City Policy
B. Zoning Requirements
C. Property Owner's Desire
D. Indemnification
E. Existing Paved Area
IV. Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council adhere to its
standard policy by not authorizing a conditional permit to the owner of property
at 2202 Stephenson Avenue, SW, Official Tax No. 1050228, to allow the paved
parking area encroaching approximately ten feet into the right-of-way of
Stephenson Avenue, SW, to remain.
City Policy of not allowing encroachments in the City's right-of-way is
upheld.
2. Zoning Requirements would not be violated.
3. Desire by applicant for paved parking area is not met.
4. Indemnification of City would not be necessary.
5. Existing paved area will be ordered removed by the applicant.
Water Resources Committee recommends that City Council deviate from
standard policy by authorizing a conditional permit to the owner of property at
2202 Stephenson Avenue, SW, Official Tax No. 1050228, to allow the paved
parking area encroaching approximately ten feet into the right-of-way of
Stephenson Avenue, SW, to remain.
City Policy of not allowing encroachments in the public right-of-way is not
upheld.
Members, Water Resources Committee
Encroachment into Public Right-of-Way
Paved Parking Area-2200 Stephenson Avenue, SW
March 15, 1999
Page 3
Zoning Requirements would be violated. Applicant would need to seek a
variance from the Board of Zoning Appeals.
3. Desire by applicant for paved parking area is met.
Indemnification of City by property owner would be required as specified
in Attachment A.
5. Existing paved area becomes reserved parking for the applicant.
Water Resources Committee recommends that City Council adhere to its standard
policy and not authorize a conditional permit to the owner of property at 2202
Stephenson Avenue, SW, Official Tax No. 1050228, to allow the paved parking area
encroaching approximately ten feet into the right-of-way of Stephenson Avenue, SW,
to remain, in accordance with Alternative "A".
WRH/KBK/SEF
Attachments
CC~
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Zoning Administrator
Budget Administrator
Mr. Bill Johnson, P. O. Box 21096, Roanoke, VA 24018
January 28,1999
Mr. Kit Kiser,
My name is Bill Johnson, I am the present owner of the apartment building at 2002
Stephenson Ave. III. October of 1998, I paved an area within the public right of way at Stephenson
Ave., for parking purposes. In relation to this oversight, I would like to apply to the Water
Resource Comittee for an encroachment permit.
When I first purchased the building in May of 1997, there was an existing problem that
needed addressing. It is due to this problem, how I addressed it, and that result, made it necessary
to contact you. A brief history leading to my action may help put things near my perspective.
There was a dirt and gravel strip located below the retaining wall at street level (marked
on plat map) being used as "nelghborhood~ parking. I say 'neighborhood~ because it was being
used by people fi.om adjoining properties, as well as my tenants. From the condition of the
ground, the regularity of 6ccurrence, and the manner it was accepted within the neighborhood, I
considered it a necessity.
That May, however, it was not the practice of parking there that bothered me. It was the
mess it made, the way it looked, and how it detracted fi.om what I was trying to improve.
My first attempt to solve this problem was in September of 1997. It was then the mud
became really bad, washing into the road, getting up on the wall, into the alley, as well as my
sidewalk~ steps and landing~. In an attempt to quell the mud I put down more gravel. This helped
until the winter if 1997, which showed me more of the existing problems.
It seenm that any threat of ice or snow no matter how slight, causes the parking value of
this mud strip to go up to a premium. A fact agreed by ali neighbors and tenants. We averaged
twenty cars, one day prior and up to ten days at, er snow of any kind.
My tenant's problem is not so much the steep hill entrance to the rear parking lot, we
keep this scrapped and salted. It is that there is nowhere to push the snow within this rear parking
lot. During snow time my tenants do use the lower section constantly.
EVERY tenant in the neighboring town houses parks there consistently, one day prior and
up to ten days aider every snow of any kind. (Once you have observed the layout in perso, I
believe this nece~ty will become evident.) Neighbors who live in private homes also come down
the alley to share the lot with us during snow and ice times. We had cars get stuck in the mud on
at least two diff~t occasions. The winter of 1997 and early spring of 1998 was a very trying
time to myse~ my tenants, and the neighborhood.
Late spring we dragg~ the ruts and tire tracks, filled mud holes with gravel, then spread
crush and run over th~ remaining damaged area to further control erosion and improve the
condition of the ~
Due to tl~ fact this was a very dry summer, we were let~ to deal, not with mud, but dust,
along with lFavel constantly spreading into the street.
Please consider these facts...
1) The strip of gravel and dirt has been used for parking in the past, and out of necessity w~ll
continue to be used for parking in the future
2) The improvements I hve made over the past two years did little to solve the ongoing problems
3) The inevitable wet and cold winters were causing a degenerative condition of erosion ~ ~th no
4) To this day I have never been happy with the way the entrance to the alley looks.
It was then I took it upon myself to finally get control of this existing problem ... So I
paved it, lined it, and installed concrete bumpers.
I did this without consulting the city. In no way was my action, anything but, an ignorant
oversight on my part~e
My request to meet in fi'ont of the Water Resource Comity is to further state my case for
the encroachment ~nit necessary to keep the lot as it is now.
If given the opportunity, I believe I can show justification for the permit, as well as offer
provisions to the Comittee to assure any issues of concern will be handled in the best interest of
the community.
Sincerely,
Bill Job. ns~
1/
I
Department of Planning and Community Development
Development Review Division
December I I, 1998
CERTIFIED MAIL NO. Z 011 109 383
Mr. Sim Johnson
6352 Fairway Forest Drive
Roanoke, Virginia 24018
Dear Mr. lohnson:
Re: Zoning violations/2200 Stephenson Avenue S.W.
During a recent review of certain public streets and alleys it was discovered that certain
areas on, and adjacent to your property at 2200 Stephenson Avenue S.W., has recently been paved
and striped for purposes of providing an off-street parking lot. According to city records no street
opening permit has been issued during the past year authorizing work to be performed in this area
of the public street right-of-way.
The property at this location is located in a Residential Multi-Family (RM- 1)district. Please
be advised that the installation of parking spaces in the fi'ont yard area of the premises in this zoning
district is prohibited by law under the regulations set out in Chapter 36.1, Zoning, of the Code of
the City of Roanoke (1979) as amended.
The design, construction and location of this parking lot is in violation of the following city
ordinances:
(c)
(e)
Chapter 36.1-433, Zoning
Unobstructed access shall be provided to and fi'om a public street, and the parking
lot shall be so designed as to not require the parid~g of any vehicle across a
sid~w~iir or the maneuvering into a public right-of-way.
No off-street parking spaces shall be located in the required front yard in an RM- 1,
or RM-2, district or in a C- 1, district.
No parking area shall be located closer than five (5)feet to a property line. In any
yard which abuts a public street, the parking area shall be located no closer than
eight (8) feet to the property line.
Room 167 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (540) 853-2250
Mr..rim $olmson
Page 2
December 11, 1998
,)
Chapter 30, section 30-60, Street excavations
It shall be unlawful for any person to make any excavation or opening in the surf'ace
or pavement of any street, alley or public way of the city, unless a permit to do so
has been obtained from the City Manager.
It is hereby ordered that the described asphalt area, paved for the purpose of providing
parking spaces'
m the front yard of this Residential Multi-Family(RM-2) zoned lot, be removed and
that the same area b~ restored to it's former condition within a period of forty-five days from the
date of receipt of this notification.
If you are aggrieved by this notification of zoning violations and the consequential order to
remove the violation, you are hereby advised that you have the right to appeal this order to the
Roanoke Board of Zoning Appeals within thirty (30) days of your receipt of this notification. I/you
elect to appeal this order please contact this office at (540) 853-2250, to obtain additional
information necessary to file an application for a public hearing before the Board of Zoning
Appeals. The cost for processing this type of application is $75.00, and there is an additional cost
for legal advertisement~ to be published in the local newspaper.
I/you have any qu~estions or need further information concerning this notification, please
feel free to contact this omce at (540) 853-2250, at any time between 8:00 a.m., and 5:00 p.m.,
Monday through Friday. I/for any reason we are unable to take your call, leave a short message and
we will return your call promptly.
Sincerely,
Zoning Coordinator
Mary F. Parker, CMCIAAE
City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #2-178-468
Sandra H. Eakin
Deputy City Clerk
A report of the Water Resources Committee recommending acceptance of a donation and
conveyance of certain property located on McDowell Avenue, N. W., to the City from the Roanoke
Redevelopment and Housing Authority for construction of a new sign at the entranceway of the
Historic Gainsboro District, was before the Council of the City of Roanoke at a regular meeting
which was held on Monday, April 5, 1999.
On motion, duly seconded and adopted, action on the matter was tabled pending a report from the
City Manager with regard to high priority spending needs in the Galnsboro area.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Sonji Kratz, Homeownership Coordinator, City of Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. HmCfine, City Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
Robert K. Bengtson, Traffic Engineer
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #2-166
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 34213-040599 authorizing the exchange of certain
City owned property along Tinker Creek in the vicinity of Sand Road, N. E., identified as
Official Tax No. 3250801, for certain adjacent property owned by Robert M. Callahan and
Carolyn H. Callahan. The above referenced measure was adopted by the Council of the
City of Roanoke on first reading on Monday, March 15, 1999, also adopted by the Council
on second reading on Monday; April 5, 1999, and will be in full force and effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
H:~AGENDA99~M°R5 .WPD
W. Robert Herbert
April 8, 1999
Page 2
pc:
Sarah E. Fitton, Engineering Coordinator
Samuel Hayes, III, Manager, Utility Line Services
Mr. and Mrs. Robert M. Callahan, c/o Callahan Construction Co., Inc., 4280
Downing Street, Roanoke, Virginia 24019
H:~AGENDA.09~RJ.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34213-040599.
AN ORDINANCE authorizing the exchange of certain City-owned property along Tinker
Creek in the vicinity of Sand Road, N.E., for certain adjacent property owned by Robert M. Callahan
and Carolyn H. Callahan, upon certain terms and conditions, and authorizing the City Manager to
sign the necessary documents to effect this exchange.
WHEREAS, a public hearing was held on March 15, 1999, at which all persons were
accorded a full and fair opportunity to comment with respect to the proposed conveyance of certain
City-owned property bearing Official Tax Map No. 3250801, being a vacant lot near Sand Road,
N.E.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The conveyance of a vacant lot owned by the City along Tinker Creek, identified by
Official Tax Map No. 3250801, to Robert M. Callahan and Carolyn H. Callahan, in exchange for
the conveyance to the City of the adjacent property owned by Robert M. Callahan and Carolyn H.
Callahan, more particularly identified in the report of the Water Resources Committee dated March
1, 1999, upon certain terms and conditions, and as more particularly set forth in said report, is hereby
authorized.
2. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, in a form approved by the City Attorney, any ancillary documents necessary to effect
such exchange and conveyance, upon form approved by the City Attorney.
ATTEST:
City Clerk.
H \ORD-GEN~O-CALAHAN
The Roanoke Times
Ad Number: 1091507
Publisher's Fee: $71.74
ROANOKE CITY CLERK'S OFF
ATT: IVORY PARKER, CLERK
215 CHURCH AVE SW RM 456
ROANOKE, VA 24011-1536
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, a daily newspaper
published in Roanoke, in the State of
Virginia, do certify that the annexed
notice was published in said newspapers
on the following dates:
03/07/99 FULL RUN - Sunday
Witness, this llth day of March 1999
Authorized
Signature
'~TiCE OF PUB~.IC HEARING
The City of Roanoke Im~Poses
] to con~e~ I~ exchn~ a I~-
bearing Official Tax No.
3250801, a vacant lot near
Sand Road, N.E.
emand~, na~ ii'. h~l'M~
given that the City Council of
public he,ring c~ b~e
matter at Its regular meetln~ to
be hMd on March 15, 1999,
commencing at 7:00 p.m., In
the Council Chambers, 4th
Floor, Municipal Bulldin~ 215
Church Avenue, S.W., Roanoke,
Virginia. Fmther infmmatlon Is
available from the Office of the
City ¢leA for the City of
Roanoke at (540) 853-2541.
Citizens shall have the OppMtu'
nlty to be he~l and express
~eir ~inlon~ on Mid
~ of Memh, 1999.
Mery F. I~ld(~', ¢i~.Cled(.
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey by exchange a portion of City owned property
bearing Official Tax No. 3250801, a vacant lot near Sand Road, N.E.
Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on March 15, 1999, commencing at
7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City
of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
GIVEN under my hand this 7thday of March
,1999.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Sunday, March 7, 1999.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
H:xaNOTICE~NS-TCRK
oC,
March 1, 1999
Report No. 99-314
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Property Rights Exchange along Tinker Creek
The attached staff report was considered by the Water Resources Committee at its
regular meeting on February 16, 1999. The Committee recommends that Council authorize
the City Manager to take appropriate action in order to advertise a public hearing and, lacking
any comments to the contrary, enter into an agreement with Robert M. and Carolyn H.
Callahan, in a form approved by the City Attorney, to allow an exchange of property along
Tinker Creek in the vicinity of Sand Road, N. E., and to sign all necessary documents to
effect this exchange.
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
CCi
Wilbum C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huff'me, City Engineer
Diane S. Akers, Budget Administrator
D.. D. Daniels, Assistant to City Manager for Community
Sarah Fitton, Engineering Coordinator
Samuel Hayes, III, Manager, Utility Line Services
Robert M. and Carolyn H. Callahan
Report No. 99-314
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
February 16, 1999
,~Vl~ember% Water Resources Committee
Kit B. Kiser, Dire~e~rt~ies and Operations thru
W. Robert
Manager
PROPERTY RIGHTS EXCHANGE ALONG TINKER CREEK
Background in chronological order is as follows:
City owned ~Dro.Derty along Tinker Creek identified by Tax No. 3250801
has been utilized as a storage and soil disposal site by the City for many
years.
Owners of ad!acent ~Dm~Del[y identified by Tax No. 3250414 contacted the
City last year regarding the possibility of a mutually beneficial land swap.
See attached map.
I1.
Current Situation is as follows:
Internal review of the proposed exchange by City staff has revealed no
adverse impact on the use of the disposal site, with the City benefitting
from an improved entrance to the site resulting from the exchange.
Conveyance of real 0ro.Derty_ must be approved by City Council, following
a public hearing.
II1.
Issues in order of importance are:
A. Need of .Dro.Derty owners
B. Need of City_
C. Timing ~
Members, Water Resources Committee
PROPERTY RIGHTS EXCHANGE ALONG TINKER CREEK
February 16, 1999
Page 2
IV.
Alternatives in order of feasibility are:
Water Resources Committee recommends that City_ Council authod_~C the
City Manager to take appropriate action in order to advertise a public
hearing and, lacking any comments to the contrary, enter into an
agreement with Robert M. and Carolyn H. Callahan, in a form approved
by the City Attorney, to allow an exchange of property along Tinker Creek
in the vicinity of Sand Road, NE, and to sign all necessary documents to
effect this exchange.
Need of _orooerty ownem to develop duplex residential units on
property is met.
2. Need of CitY for improved access to City property is met.
3. Timirlg to convey property as quickly as possible is met.
Bo
Water Resources Committee does not recommend that City_ Courl(~il
~ the City Manager to take appropriate action in order to advertise
a public hearing and, lacking any comments to the contrary, enter into an
agreement with Robert M. and Carolyn H. Callahan, in a form approved
by the City Attorney, to allow an exchange of property along Tinker Creek
in the vicinity of Sand Road, NE, and to sign all necessary documents to
effect this exchange.
Need of _pro_perry owners to develop duplex residential units on
property is not met.
2. I~e,..~L~LC.j~ for improved access to City property is not met.
Timing to convey property as quickly as possible is not met.
Vo
Water Resources Committee recommends that City_ Council concur with
Alternative "A" and authorize the City Manager to take appropriate action in
order to advertise a public hearing and, lacking any comments to the contrary,
enter into an agreement with Robert M. and Carolyn H. Callahan, in a form
approved by the City Attorney, to allow an exchange of property along Tinker
Creek in the vicinity of Sand Road, NE, and to sign all necessary documents to
effect this exchange.
Members, Water Resources Committee
PROPERTY RIGHTS EXCHANGE ALONG TINKER CREEK
February 16, 1999
Page 3
WRH/KBK/SEF
Attachment
CC:
City Clerk
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Budget Administrator
City Engineer
Assistant to City Manager for Community Relations
Manager, Utility Lines
Engineering Coordinator
Callahan Construction Co.,
4280 Downing St.
Roanoke, VA 24019
Mike Callahan (540) 966-5496
Fax (540) 955-5498
Pager (540) 510-0255
Mr. Samuel Hayes, III
Utility Line Services, Department Manager
3447 Hollins Road, N.E.
Roanoke, VA 24012
Inc.
February I, 1999
Dear Mr. Hayes:
This letter is in response to your letter dated January 29, 1999. I will try to explain why
the city of Roanoke and I should trade the properties on the plat done by David Bess, Land
Surveyor.
I currently own Parcel E, Pared D and Parcel C. Parcel E is the most important one for
the city in that Sand Road crosses this land to city property. As you and Mr. Kiser saw when we
met on the property, if I were to put up a fence, you couldn't get to the city property. Parcel 12} is
a low lying area that you expressed some interest in for filling purposes. Parcel C would give the
city a greenway along Tinker Creek which will help when the city makes a park on their site that
is being filled now.
The property I would like to receive in trade is Parcel B. Parcel B would help to square
up my property.
I would like to get this trade done as soon as possible. I will be applying for rezoning as
soon as the trade is complete.
ff I can be of further assistance, please call me at my home and office at (540) 966-5496
or on my digital pager at (540) 510-0255.
Robert M. Callahan
.J
ZOMl~, eM-i,
TAX' No.3Z5 0~,14
New P&t~cet.. °A'
7. sqq
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy Ciiy Clerk
April 8, 1999
File #367
Mrs. James E. Jones
3564 Hartland Road, S. W.
Roanoke, Virginia 24015
Dear Mrs. Jones:
I am enclosing copy of Resolution No. 34237-040599 memorializing the late James Ellyson
("Jimmy") Jones. The Members of Roanoke City Council and the Citizens of the City of
Roanoke send their deepest regrets upon the passing of Mr. Jones. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, April 5, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
rN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34237-040599.
A RESOLUTION memorializing the late James Ellyson ("Jimmy") Jones.
WHEREAS, the members of Council have learned with regret of the passing of James Ellyson
("Jimmy") Jones, on March 12, 1999;
WHEREAS, Mr. Jones served as a member of Roanoke City Council from September 1962 to
January 1969;
WHEREAS, while a member of City Council, Mr. Jones was instrumental in securing passage of
the Civic Center Bond Referendum;
WHEREAS, Mr. Jones was very active in the City/County consolidation efforts and offered to
resign his position on City Council should the need arise; and
WHEREAS, Mr. Jones was transferred by Appalachian Power Company to Fieldale, and as a result
he had to resign his position before his term had expired.
WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council adopts this resolution as a means of recording its deepest regrets at the passing
of James Ellyson ("Jimmy") Jones, and extends to his family and friends the sympathy of this Council.
2. The City Clerk is directed to forward an attested copy of this Resolution to Mr. Jones'
widow, Mrs. Shirley Welsh Jones.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of April, 1999.
No. 34238-040599.
A RESOLUTION changing the time and place of commencement of the regular
meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 19, 1999.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The meeting of City Council regularly scheduled to be held at 12:15 p.m. on
Monday, April 19, 1999, in City Council Chambers at 215 Church Avenue, S. W., is hereby
rescheduled to be held at 12:00 Noon, Monday, April 19, 1999, in the Roanoke Ballroom,
at the Hotel Roanoke & Conference Center, at 110 Shenandoah Avenue, N.W., in the City
of Roanoke, with the 2:00 p.m. session on the same date to be held in City Council Chambers
at 215 Church Avenue, S. W.
2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the
extent it is inconsistent with this resolution.
3. The City Clerk is directed to cause a copy of this resolution to be posted
adjacent to the doors of the Council Chambers and inserted in a newspaper having general
circulation in the City at least seven days prior to April 19, 1999.
ATTEST:
City Clerk.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #66-144
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
April 5, 1999, Council Member Swain referred to recent correspondence from the City
Administration which states that certain City employees may be empowered by the Circuit
Court to issue citations in regard to improper use of trash receptacles. He asked that City
staff also be empowered to issue citations for use of improper refuse containers and
accumulation of trash on lawns and around trash receptacles, etc.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
William F. clarl~i Director, Public Works
James A. McClung, Manager, Fleet Management
H:",A. GEND A99"u~R~ .W~D
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #2-60-207-450
Sandra H. Ea !(in
Deputy City C;~'rk
James D. Ritchie
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
April 5, 1999, Council approved purchase of certain land located on Read Mountain
adjacent to the Roanoke Centre for Industry and Technology for industrial development
purposes. It was the consensus of Council that the question of preparing the new site and
the last remaining land in the original Roanoke Centre for Industry and Technology for
industrial development purposes would be referred to the Acting City Manager for report
to Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Kit B. Kiser, Director, Utilities and Operations
Phillip F. Sparks, Chief, Economic Development
H:'~AGENDA99~PRJ.WPD
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the 5th day of April, 1999, DONNA S.
JOHNSON was appointed as a member of the Board of Trustees, City of Roanoke
Pension Plan, for a term ending June 30, 2000.
Given under my hand and the Seal of the City of Roanoke this 8th day of
April, 1999.
City Clerk
H:L~GENDA99kAPR5 ,W~D
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the 5th day of April, 1999, JAMES D.
RITCHIE was appointed as a Commissioner to the Hotel Roanoke Conference
Center Commission for a term ending April 8, 2003.
Given under my hand and the Seal of the City of Roanoke this 8th day of
April, 1999.
City Clerk
H:~,AGENDA99~'R5, WPD
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the 5th day of April, 1999, EVELYN S.
LANDER was appointed as a member of the Fifth Planning District Commission for
a term ending June 30, 2000.
Given under my hand and the Seal of the City of Roanoke this 8th day of
April, 1999.
City Clerk
H:~AGENDA99U~PRJ.WPD